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Goshen zoning board denies interpretation request for 39 Everett Road; approves minutes
Summary
The Goshen Zoning Board voted to deny an applicant's request for an interpretation of multiple zoning-code sections as they relate to operations at 39 Everett Road and approved two sets of minutes. Board members cited the Agricultural & Markets law and local agricultural precedents in explaining the decision.
At a recent meeting, the Goshen Zoning Board voted 5-0 to deny an applicant's request for an interpretation of several zoning-code provisions related to operations at 39 Everett Road and approved its May 6 and May 20 minutes.
Board members said they reviewed state agricultural law and local zoning provisions before deciding the applicant's interpretation should be denied. A board member who presented the ruling said he had researched the issue and "I am going to . . . rule that the zoning board should deny the applicant's request for an interpretation." He cited the Agricultural & Markets law as guiding which zoning rules can be applied to a farm or agricultural use in the town and said that examples of uses that could cross the threshold into an unreasonable restriction include large-scale manure storage facilities or similarly intensive operations. He added the activities at 39 Everett Road "have not reached that threshold."
Board Member Carbone said she agreed with the denial and cautioned that granting the applicant's requested interpretation could set a precedent that would affect the many farms in Goshen, describing it as likely to "open up a can of worms" for routine agricultural activities. Board Member Barrett and Chairman Thurman also expressed agreement. At the close of discussion the board confirmed the tally as five votes in favor of denying the request.
In separate procedural actions, the board approved the minutes from May 6 and May 20. A participant identified as Sam moved to accept the May 6 minutes, with Bob seconding; the motion carried with members saying "Aye." The board repeated the process and approved the May 20 minutes.
Members also agreed to close that portion of the agenda after the vote. Meeting participants noted upcoming calendar items: a June 17 meeting, a July 3 appearance by an applicant for 2 Jessica Court and Gotham Properties, and a July 15 agenda item involving Fairway Empire; Gunwood (6A Gunwood) was discussed as continuing work and possibly being adjourned with a week's notice.
The board's discussion distinguished between enforcement authority and the limits that state agricultural law can place on local zoning enforcement; members repeatedly framed the action as a decision on an interpretation request rather than an enforcement order against the property.
Votes at a glance: - Motion to accept May 6 minutes: Mover: Sam; Second: Bob; Outcome: approved (unanimous). - Motion to accept May 20 minutes: Mover: Sam; Second: Bob; Outcome: approved (unanimous). - Denial of applicant's request for a zoning-code interpretation regarding operations at 39 Everett Road: Outcome: denied; recorded vote 5-0 in favor of denial.
The meeting transcript shows the board relied on guidance from the Agricultural & Markets law and local zoning-code provisions when reaching its decision and stressed avoiding a precedent that would unduly limit agricultural operations in Goshen.
