Mission Statement
The intent of The Cidery Facts Not Fiction website is to educate Orangetown Residents about a local law that the Orangetown Town Board appears ready to enact. This law would allow Farm Wineries and Farm Cideries to open on properties of five (5) acres or more, in R40 and R80 residential neighborhoods by special permit. Under the guise of supporting small business this law erodes homeowner’s rights and the zoning laws that are the bedrock of our community.
This Section Needs a Title
A public hearing at the Orangetown Town Hall, 26 West Orangeburg Rd. is scheduled for Tuesday November 28th at 7:00 pm. There will be a public comment period during which members of the public may address the board regarding the adoption of this local law.
We ask that you consider what the imapct on your neighborhood might be if an outdoor bar and entertainment venue, serving not only cider, but any beer, wine, and spirits produced in NYS opened in its midst.
What are Farm Wineries and Farm Cideries?
The following is excerpted from the NYSLA website. For the full document go here: NYSLA Winery-Quick-Reference
Farm Winery License – a farm winery may produce wine, wine product, cider, and mead, has a 250,000 gallon limit on annual production, and requires the licensee to use 75% New York State grapes or other fruits in its wine and wine products, 100% New York State apples/pome fruits in its cider, and 100% New York State honey in its mead. A farm winery may sell its own and any other New York State labeled products (e.g., beer, cider, wine, mead, braggot, liquor) at the licensed premises and to go. A farm winery must be located on a farm. Initial application cost is $525 for a 36-month license.
A farm winery may make New York State labeled wine, New York State labeled wine products, New York State labeled cider and New York State labeled mead.
Can I distribute my own products to licensed retailers? All manufacturing licenses come with the right to self-distribution.
Can I sell my own products for consumption at my winery? Other manufacturer’s products? A farm winery may sell for consumption at the licensed premises: (1) any wine, wine product, or cider it makes as well as (2) any other New York State labeled product (beer, wine, cider, mead, liquor).
What is a branch office? A branch office is a privilege of a farm winery and is an off-site location at which all activities of the licensed premises may be conducted (production, product sale, on premises license, etc.). A farm winery is entitled to up to five branch office permits. There is no fee required to obtain a branch office permit.
How much wine must I produce? At the licensed facility, you must produce at least fifty gallons of wine, and/or wine product, and/or cider, and/or mead annually. You cannot rely on a contract manufacturer to produce the annual production minimum for you. If you are producing at a branch office as well as your licensed facility, you will still need to produce at least fifty gallons at the licensed facility.
A farm winery may produce up to 250,000 gallons of cider annually.
Can I contract manufacture for another manufacturer? Yes, you may contract to produce for another manufacturer any product that both you and the other manufacturer may produce. If in New York State, the other manufacturer must also be licensed. Any product you produce for another manufacturer will count against your production cap (if you have one) and any product purchased by another licensed New York State manufacturer will also count against its cap (if it has one).
Is another manufacturer considered a second business? No, multiple manufacturers may operate at the same premises – see alternating proprietorships/tenant manufacturing above. One entity may also hold more than one license at a single premises – e.g., a farm winery and micro-brewery.
A quick reference sheet for Farm Cideries can be found here: NYSLA cidery-quick-reference-3-25-2022.pdf. The main difference between a farm winery and a farm cidery is that a farm cidery does not need to be on a farm. Rockland Cider Works’ license is a Farm Winery license.
The New York State Liquor Authority does not conduct checks on the statements made by applicants.
Facts Not Fiction
Is Rockland Cider Works (RCW) the same thing as Van Houten Farms (VHF)?
RCW is an independently owned and operated farm winery opened in 2019. RCW leases its premises from the Van Houten Farm Market Benefit Trust (VHF). Rockland Cider Works owners are also the trustees / benefactors of VHF.
Is the town of Orangetown suing Van Houten Farms?
The town of Orangetown is not currently, nor has it ever, sued RCW, or VHF.
Is VHF suing the town of Orangetown?
VHF sued the town of Orangetown in the New York State Supreme Court, Rockland County. This suit was dismissed by the court.
Isn’t this all about a family feud?
No. There are two legal actions involving VHF and RCW separately. The first action is between members of the Van Houten family and addresses property ownership issues. The second action, which relates to zoning laws and the operation of an illegal business, was brought by surrounding homeowners, including members of the Van Houten Family.
Did the town shut down RCW on Small Business Saturday?
The Orangetown Fire Marshall closed one of the VHF Greenhouses on Saturday November 26th, 2022. The Greenhouse was being used as a bar and concert hall and was in violation of several sections of NYS Fire Code . VHF / RCW’s owners had received two prior warnings from the Fire Marshall regarding the use of the greenhouse in this manner.
Why can’t RCW use VHF’s Greenhouses?
The VHF greenhouses are temporary structures and their use by RCW is a violation of the NYS Building Code. https://dos.ny.gov/system/files/documents/2021/05/tb-2007-agricultural-building-guidance.pdf
So why is RCW closed?
Rockland Cider Works was closed by a New York State Supreme Court judge in an action brought by thirteen (13) neighbors of RCW. This order supports current Orangetown law. The town of Orangetown has stated, in court documents, that the operation of a farm winery is a violation of Orangetown zoning laws.
Are the neighbors trying to shut down VHF?
The neighbors are not trying to close VHF. VHF is not the subject of the current court case. In fact, the neighbors have been supporters of VHF for decades.
What do the neighbors want?
The neighbors believe that that the town board has a duty to maintain its existing zoning laws. As such, we are asking the town board to uphold its existing zoning laws in order to protect the interests, safety, and property values of local homeowners, as well as the safety of the public, by declining to legalize an illegal outdoor bar and entertainment center in the midst of a residentially zoned neighborhood.
Is the Silver Rock Stable closing?
Silver Rock Farm has no plans to close in the near future.
Does Silver Rock Farm belong to VHF?
Silver Rock Farm is an independently owned and operated business. The current owner has leased the stable facilities from VHF for the past 28+ years. Prior to that another stable operated the facility. An independently owned riding stable has operated on VHF property for close to half a century. The relationship between SRF and VHF is that of tenant / landlord.
Can VHF survive without RCW?
We don’t know. What we do know is the following:
VHF operates a longstanding cash business serving the NYC Green Markets.
The property features seven large greenhouses and is in close proximity to the lucrative New York City restaurant market.
The VHF property is zoned to allow a number of specific agricultural practices. The property owners are at liberty to operate any of those businesses, or not, as they see fit.
The lease from the stable facility covers the VHF property tax in total.
Isn’t VHF / RCW in an Agricultural District?
Rockland County does not participate in the NYS Agricultural District Program.
Doesn’t the NYS Farm Protection law allow farm wineries and farm cideries to operate anywhere in NYS?
The Farm Protection Law is only in effect in Agricultural Districts in counties which have elected to form Agricultural Districts. Rockland County considered taking this step in 2018 but decided against it.
https://agriculture.ny.gov/system/files/documents/2019/07/GD_FP%20and%20Ag%20Districts_R16.pdf
Why is RCW any different than the Masonic Fairgrounds?
The Masonic Fairgrounds date back to the late 1800s / early 1900s long before the area was surrounded by homes. In contrast RCW opened in 2019.
Wasn’t RCW there before the neighbors?
RCW was opened in 2019. Long after a majority of the neighbors bought, or in some cases built, their homes and raised their families in this neighborhood.
Where does the information posted on this site come from and why should I believe it?
The information posted on this site comes from state and town laws, court actions and other publicly available documents.
Links to some of this information can be found on this site. If you would like to see documents directly related to what has been posted here, email us and we will direct you to them.
A note about this site and emails: This site is intended to clarify a number of rumors and incorrect statements that have been made regarding VHF, RCW, SRF, the neighbors, and the relevant laws and legal issues.
To the best of our ability, we have made sure that anything we state publicly is supported by facts.
If you have questions about the information that we have posted and would like to write to us, in a civil tone, using your name and your personal email account, we will respond privately in kind. If you choose to write anonymously, use denigrating language, cast aspersions, or make threats, we will respond publicly, posting your letter along with our response, on this website.
CAN A FARM WINERY OR FARM CIDERY OPEN NEAR ME?
This is a local law intended to be applicable to Orangetown as a whole, with the exception of the three incorporated villages of Grand View on Hudson, Nyack, and Piermont. As the proposed law is written, there are several properties throughout Orangetown on which farm wineries or farm cideries could be opened.
We do not know if any of the owners of these properties have plans to open a cidery should the town board pass this law. However, what we do know is that regardless of the current intentions of the owners of these properties, circumstances and ownership can change.
Once this law is passed, any owner of a five + acre parcel of land in an Orangetown R40 / R80 district (with the exceptions noted above) who would like to open a farm winery or farm cidery may apply for a special permit to open a farm winery or farm cidery.
We ask that you consider what the impact on your neighborhood might be if an outdoor bar and entertainment venue, serving not only cider, but any beer, wine, and spirits produced in NYS opened in its midst.