Part 15: The Wine Wars: The ZBA Took the Wind Out of Fox Hill’s Sails, but Hope Springs Eternal with Ag and Markets and an Article 78 Hearing

The Zoning Board of Appeals Rules Against Fox Hill Vineyard. But the Ag and Markets Laws Are Still Available to the Williamses. Oh, and What About All Those Fibs? And Those Ethics Issues?

As reported in the March 8th post of The Powell House Press, the Chatham Zoning Board of Appeals had decided at the last minute to “delay” their decision on 509 Bashford Road’s tasting room application as accessory use. Specifically, to change what was their initial decision to allow it. Last night the ZBA did just as reported. They changed their decision and said no. They also went out of their way to be sure that the public knew that they made their decision independent of Rick Werwaiss’ public comments (story broken by local reporter Prew) and the fact that during this process the Williamses’ property was included in Agriculture District 10.

Both of these factors, the ones that the ZBA made clear had NO bearing on their decision-making processes, are grounds for the Williamses to appeal through an Article 78 proceeding. They have 30 days to file. Will they? Good question, but a better question is: will they have to? With the protection of Ag and Markets there are now many roads to the altar.

While this is a reprieve for the community, it is not a long-term solution. There remains a lot that seems...unsorted? Unresolved? Let’s just use the term undone.