Note: this was originally posted on NextDoor.

Yesterday evening, many in Pittsford Village, including myself, were planning which pints they will buy when Hawley Brewing opens in Schoen Place. The Zoning Board of Appeals (ZBA) approved Hawley Brewing’s application under a rule for agricultural processing as a permitted use in Schoen Place. This has been the culmination of a thoughtful process of including an appeal and further consideration by the ZBA which was required due to the ambiguity of the relevant section of Village Code. While I am not convinced that all Village boards would reach the same determination, we should celebrate both the opening of the new brewery, as well as the example of good governance that lead to its approval.

Craft beer image

The determination of the ZBA is significant for two reasons: 1. it sets a precedent in the B-4 zone and 2. the determination is largely based on ambiguity in our Village Code, rather than a clear definition of what should be permitted in the zone under “agricultural processing.” As residents, it is crucial that we continue to support the process to update of our Comprehensive Plan and Village Code so that we can be better hosts to new businesses that are aligned with our vision. More context:

Typically, in Schoen Place a special use permit would be required for the opening of new bars and restaurants, and since we are currently under a moratorium these permits are not being granted (except in cases of demonstrated hardship). In this instance, Hawley Brewing was allowed to bypass that requirement entirely since it will be processing hops and barley and serving its products to customers. This allows the brewery to be subjected to much less scrutiny than other bars and restaurants in the zone as it would be classified under an accepted use for “agricultural processing.” We need to be clear about whether this is what we want in the future.

This determination of the ZBA sets a precedent for Schoen Place, in that other similar establishments can now open under the same rule without a special use permit. The ZBA was sensitive to this, and they instructed their legal counsel to make sure that her statement included parameters for the type and size of equipment that would be used in this application so that other proposed uses would not necessarily be immediately accepted under this precedent. Some residents who spoke this evening at the open hearing expressed hesitation that a brewery would be considered an “agricultural processing” use. When the board voted, all were in favor of approving the brewery, except for one member who said that based on his experience growing up in a farming family, a brewery does not seem to clearly fit into the definition of agricultural processing.

Ultimately, when the board deliberated, they were influenced by a NYS law which says that when there is ambiguity in zoning code, the determination must favor the applicant. All ZBA members were in agreement that our code is ambiguous in several areas including this one, hence the reason for the current Comprehensive Plan process and Village Code update process that we are undergoing.

By giving this business approval to proceed based on ambiguity in our code rather than clarity about what is allowed, it should emphasize to us as residents that we must continue to provide our input and support for the ongoing improvements to our Comprehensive Plan and Village Code. By doing this, we can better support new businesses by ensuring that they clearly fit into our laws and your vision for how Pittsford Village should grow.