Attorneys for the Town of Cazenovia, Owera Vineyards and East Lake Road neighbors of Owera Vineyards this week appeared before State Supreme Court Judge Dennis K. McDermott in Wampsville to argue whether the town planning board exceeded its authority in its February site plan approval for Owera’s proposed 6,300 square-foot permanent promotion and marketing facility.
Owera’s lawsuit challenges the planning board’s approval, which allowed the winery to build the proposed event center but included numerous conditions and limitations on the business such as restrictions on hours of operations, number of events and number of people allowed per event in the building, as well as stipulations on how the winery must prove to the town that it is abiding by state agriculture and markets department rules — conditions which Owera claims in its lawsuit were not only “arbitrary and capricious” but also exceeded the planning board’s jurisdiction.
Owera’s Article 78 suit — which is a challenge to a determination made by a municipal body — was filed in New York State Supreme Court in Madison County on March 10. The suit seeks annulment of 10 of the 33 conditions, plus one scheduled compliance protocol, included in the planning board’s site plan approval. Attorneys for both sides, as well as for a group of the winery’s neighbors who were granted the right to be intervenors in the case, appeared in court on June 29 to argue their respective positions.
Owera’s attorney, Thomas J. Fucillo, of Menter, Rudin and Trivelpiece law firm in Syracuse, said the conditions in the planning board’s approval were “highly irregular,” “based on board members’ personal opinions” and done in order to “appease” the complaining neighbors and “punish” Owera for the noise and lighting issues that occurred when it first opened in 2013.
There’s “no question” there were complaints about noise and operating hours in 2013, Fucillo said, but “both issue have since been resolved.” He said Owera held 20 events in 2014, including six weddings, none of which received complaints from the neighbors.
He said the planning board’s limitations on Owera’s business were either unreasonable, beyond the planning board’s jurisdiction and authority, or were not hazardous to the health and safety of the community.
Owera’s lawsuit seeks to retain the planning board’s site plan approval but annul the 10 conditions that Owera opposes.
Town Attorney John Langey said the planning board’s site plan approval was “very meticulous” and reasonably balanced the need of Owera to market its products and the need of the neighbors to live in peace in what is a mixed-use residential area and not a commercial district.
Langey said the town and its architectural advisors all believe that Owera’s proposed events building will be as sound-proof as it is designed to be but, if it is not, “then the neighbors have to suffer for time immemorial.”
He said the planning board “approved almost everything [Owera] asked for,” there is no “animosity” for Owera by planning board members but that Owera is a farm operation, as designated by the state Department of Agriculture and Markets, and its needs must be balanced with those of the neighborhood residents.
“They want a lot of trust … but there’s got to be limitations,” Langey said.
Attorney Albert Millus, who represents a group of the East Lake Road neighbors, said the conditions set in the planning board approval were “perfectly suited” and “reasonable” for a farm operation. “Farm operations don’t need [events] to go until midnight,” he said.
McDermott now has 60 days in which to rule on the case.
Jason Emerson is editor of the Cazenovia Republican. He can be reached at [email protected].
