The Tomatoes Fly

This article appeared in the Townsman, May 29 2008 edition.

Woodstock, May 22, 2008

Just when it began to look like the proposed “Farm Festival” slated to go off on May 28 would require no more than a pro forma inspection of a traffic and safety plan by the Woodstock Zoning Board of Appeals (ZBA) to be followed immediately with the issuance of a variance from Section 5Y in the Woodstock zoning law that prohibits the display of merchandise between a structure and the sidewalk or curb, the ZBA balked and instead recessed the public hearing “until a proper protocol is in place to ensure the safety of attendees of the festival, and is presented to this board and certified by Creighton Manning Engineers or a similar licensed engineer.”

The ZBA’s jitters came after the town board’s May 20 public hearing on the closure of Maple Lane from 2:00 to 10:00 pm on days of the event, when they got some heat from residents of Maple Lane, with one family’s interests being represented by attorney Eric Schneider. Mr Schneider’s requests for clarification of what “authorized” vehicles would be permitted to pass through the barrier stopping traffic from Mill Hill Road from turning onto Maple Lane apparently elicited a response from the town board that raised more questions than it answered, as far as the ZBA was concerned. The ZBA members were in doubt as to the meaning of “authorized;” did it mean only traffic going toward Houst’s parking lot, or, as Goldman insisted, “Anybody who has business on Maple Lane.” Also the placement, function and type of barriers used to guide traffic and protect pedestrians were not described enough for ZBA members.

The Town has agreed to provide a specially detailed police officer to monitor traffic and the barrier to Maple Lane, but there were doubts about its efficacy. ZBA chairman Howard Harris, a retired police officer, noted “It would be expecting too much of one police officer to open and close the barrier for vehicles, make sure they are not driving into pedestrians on Maple Lane, monitor the traffic on Mill Hill Road and keep and eye on the pedestrian cross walk across Mill Hill Road” located at that same intersection.

Goldman, offering numerous stipulations in an attempt to ease the ZBA’s concern with safety, interjected that there will be a “point person” for the public to direct all problems to. “This [the event] is so simple and clear,” said Goldman. He pointed out that there is no traffic control for the weekend flea markets that draw many people. “But that [the flea market] doesn’t require a variance from the ZBA,” ZBA member Joanne Anthony was quick to note, “If anybody gets hurt at this festival, whom are they going to sue? The Town.” Goldman stressed that only very few vehicles would need egress into Maple Lane, but ZBA member Tony Padalino was quick to note, “If cars come in infrequently it will only increase the danger to children” since the whole street may appear to be an open pedestrian mall. Mr Goldman tried to brush the concern off, only to be firmly reminded by Anthony, “Come on; there are going to be children.” With that the ZBA hearing ended.

Since the next regularly scheduled meeting of the ZBA is not until June 12 it appeared the May 28 kick-off for the Festival would be in jeopardy.

This did not sit well with Goldman, who the following day e-mailed Harris, members of the town board and the town supervisor Jeff Moran a message that included the statement, “We will proceed with this event without the variance if we must and the only repercussion is that you can ask the ZEO [zoning enforcement officer Paul Shultis] to cite us for violation 5Y.”

Asked about Goldman’s threat to “proceed” with the event, councilwoman Liz Simonson responded, “The TB agreed during our 5/6 meeting that Section 5Y is broken as there are many businesses in violation now and the ZEO says he doesn't have the time to enforce. I volunteered to draft up some suggested changes.
“I need to point out that the original traffic safety plan allowed for limited vehicular access, particularly to Ned Houst's rentals and Maple Lane residents. Why the ZBA says things have changed with the street closure is a total mystery to me. I can only assume they were not really paying attention. “

Councilwoman Terrie Rosenblum responded, “As a previous member of the Planning Board I have experienced the kind of pressure that Town Board members can and do place on a volunteer board to fast track a project. I objected to it when I was on the Planning Board because the PB and the ZBA boards are legally autonomous. Now that I am on the Town Board, I will not participate or endorse any attempts to put pressure on any board to do what they do not feel is right.”

A source close to the discussions predicted that Goldman would back down since the Festival is depending on Woodstock taxpayers to pay for traffic control, garbage pick-up and also the Town is providing the barriers to be used by the festival to help with vehicle and pedestrian traffic control. Also, it was unclear whether the event could be properly insured if the promoters willfully broke the law.

Apparently as a result of intense discussions over the weekend it was decided that the ZBA would re-open the hearing at a special meeting on May 28 at 3:00 pm and give the Festival another chance at resolving the issue legally.

The “Farm Festival,” sponsored by the Woodstock Chamber of Commerce and Arts, is to have approximately fifteen produce venders in the Houst parking lot, and three outdoor restaurants, children’s entertainments, “amplified” acoustic music and other attractions on Mower’s Field (site of the popular weekend flea market) from the hours of 4:00 to 8:00 PM on each Wednesday from May 28 to September 24. According the Goldman the Festival has received a $46,000 grant to defray costs over a period of 18 months, enough for two seasons. The Festival will have paid staff, although it is unclear how many and how much they are being paid.