Zoning officials reviewing proposed farm market plan

Village zoning officials are reviewing a proposal to convert the former Hobson Appliance store at 6282 U.S. Route 9 into a market for farm products.

The project was discussed during a Village Board meeting Thursday, when trustees were given a presentation on the proposal in advance of making comments to the state Department of Agriculture and Markets.

“The farmers market is going to be supported by (some) farms that are our out of our village and town,” Trustee Scott Cruishank said.

“Our zoning officer had ruled that the use was allowed under our zoning code,” he said. “There’s been a challenge to it and the Zoning Board of Appeals has reviewed it. There currently is a public hearing that’s open and the zoning board has yet to rule on whether to ... reserve his ruling.”

The project is being proposed by Amalgamated Agricultural Associates, operated by village resident Neil Bender, who would sell products from both his own farms and other farms in the region.

A review by the state Department of Agriculture and Markets was requested by Bender, whose attorney, Victoria Polidoro, said the zoning challenge is an unreasonable restriction.

“Your zoning law allows agriculture,” she said. “Part of agriculture is the ability to sell your product. You can’t have one without the other.”

Resident John Marvin, an attorney who lives on Mill Road and is contesting the ruling, said the project should be rejected because it doesn’t not fit the statutory description of a farm market under state Agriculture and Markets Law.

“It’s to prevent the encroachment of non-agricultural uses into ... agricultural land,” he said. “This is not that purpose. This is a 2.1-acre site in the village, it’s not a farm.”

Marvin added the state regulations are intended to prevent unreasonable restrictions on farming.

“Amalgamated (Agricultural) Associates does not have a farming operation,” he said. “It doesn’t farm. But they’ve come in and said ‘well, we have other entities that own farmland in other municipalities and you should consider them because they’re an affiliate of ours.’”