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Board reviews FOIL request, finds misfiled Foxfire permit and hears complaints about event sizes

Shandaken Planning Board · July 9, 2026
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Summary

During a larger discussion about missing records and a FOIL request, staff located a misfiled Foxfire special permit file; a board member said Foxfire's website advertised much larger events than the permit contemplated, and the board debated possible enforcement or further legal research.

Planning board members revisited a FOIL request for Foxfire's special permit after staff located previously misfiled materials. A member who reviewed the recovered file said it showed the planning board had done its job at the time of approval but raised concerns that Foxfire's current website appeared to advertise events much larger than the 'small, intimate' gatherings described in the original resolution.

"Foxfire website is advertising 140 person weddings. It's my opinion that they are not in compliance with that resolution as approved," one member said, acknowledging the statement was based on hearsay but urging the board to ask the zoning enforcement officer to look into potential noncompliance. Staff responded that the office would not issue violations based on current activity relative to the approved special use permit, and members discussed legal options, precedent and whether reopening a permit would be appropriate.

Supervisor Babs Neilsfield sent a letter, read into the record, noting staff time spent locating the Foxfire permit and that she is exploring a grant to digitize past permits to prevent similar record‑availability problems in the future. Board members said they will research legal avenues and the zoning enforcement path for any compliance questions, and noted that the presence of counsel or possible litigation may require limiting further public discussion.