Winery barred from ag district

KINGSTON - Ulster County lawmakers on Wednesday found themselves balancing the concept of home rule against the right to farm as they debated whether to include property recently purchased by the Rivendell Winery in a special agricultural district.

The county's Farmland Protection Board recommended the two parcels on state Route 299, totaling roughly 4 acres, along with 18 other properties throughout the county be included in agricultural districts.

But the county Legislature's Economic Development, Housing, Planning and Transit Committee recommended the Rivendell Winery properties be excluded because the winery and the town are embroiled in a legal battle over the use of a building on the land.

Rivendell owner Susan Wine said she has filed a lawsuit against the town Zoning Board of Appeals because the board recently ruled the building in which the wines will be processed and sold is not an allowed agricultural use.

At the Legislature's meeting on Wednesday, several New Paltz residents urged lawmakers to keep the Rivendell Winery out of the agricultural zone, saying it's a commercial operation masquerading as a farm.

"Rivendell doesn't even grow its own grapes," said New Paltz resident David Porter. "They not agriculture, they're commercial.

Legislators debated the measure for nearly an hour before voting, 19-8, with Susan Zimet, D-New Paltz abstaining, to exclude the property from the agricultural district.

Among the most vocal supporters of including the land in the agricultural district was Legislator Frank Felicello, who argued that a vote against including the winery was a vote against farming.

"A winery is part of farming, said Felicello, R-Marlboro.

"I know there are a lot of people in New Paltz who are complaining, but our job is to do the right thing," he said.

Legislator Brian Shapiro, D-Woodstock, also spoke in favor of including the winery, saying that agricultural districts were established to "make sure the right to farm is recognized."

Opponents, however said that to include the properties in the agricultural district, when the town had determined at least part of the operation is not eligible for agricultural designation, would be ignoring "home rule."

"At the end of the day, it's about respecting the home rule of the town of New Paltz," said Legislator Hector Rodriguez, D-New Paltz.

"This Legislature has said time and time again, on both sides of the aisle, that they honor home rule," said Jeanette Provenzano, D-Kingston. "This is about home rule."

Opponents said that if Wine is successful in her lawsuit against the town, they would reconsider including the land in an agricultural district.

Wine, who had appealed to the Legislature to include her property, called the decision to exclude it disappointing.