Borough Action Blocks Farmers’ Market From Site At Lexington Gardens

By Nancy K. Crevier

Shoppers who have just gotten into the routine of attending the Organic Farmers’ Market at Lexington Gardens on Church Hill Road the past two weeks may need to go a bit out of the way if they plan to continue supporting the annual summer event.

Organic Farmers’ Market organizer Mary Fellows and Lexington Gardens manager Brett Thomas were notified following the Tuesday, June 30, market day that the Organic Farmers’ Market was in violation of borough and town zoning regulations that do not allow such an enterprise.

On July 7, the market reopened in its location of previous years behind St John’s Episcopal Church off of Washington Avenue in Sandy Hook Center. Ms Fellows is hopeful that all of the regular vendors will continue to set up shop there, and that consumers will continue to support the vendors.

“The whole idea that [the farmers’ market] is not welcome is beyond me,” said Ms Fellows. “This is huge for me, to move the whole machine,” she said. Believing that moving the market to the lawn adjacent to and on Lexington Gardens property met the spirit of the law, the Organic Farmers’ Market reissued posters and postcards this spring informing people of the change of venue and solicited vendors based on that location.

 “It’s an additional use [to Lexington Gardens],” explained Jean St Jean, borough zoning coordinator. “A farmers’ market is not allowed in the borough or the town, except in the Sandy Hook Design District.”

Both Ms Fellows and Mr Thomas were told earlier this year when they approached her that the market could not be held at the Lexington Gardens site, said Ms St Jean. “We would have to amend the zoning regulations to allow it,” she said. “It’s the same for everyone. You still have to follow the rules.”

Ms Fellows said that her understanding was that while she could not be granted permission to hold the Organic Farmers’ Market at Lexington Gardens, that for this season the event could be “hosted” by Lexington Gardens while an application for a zoning change was undertaken for the summer of 2010. It was hoped that by moving it to a more central location this year that shoppers would be better able to coordinate errands to include the market.

Brett Thomas, general manager of Lexington Gardens, said that he plans to fight the ousting of the market. “First we were told by Jean St Jean that we couldn’t hold the farmers’ market in the parking lot at Lexington Garden. So we did it on our lawn, thinking that was allowable,” Brett Thomas said. “You figure if you own a piece of property you should be able to do what you want to in keeping with the business, like a one-day-a-week farmers’ market,” he said. “We are just trying to bring some business into the center of town on a dull, Tuesday afternoon.”

While Ms St Jean did have out the book of borough regulations when they spoke, said Mr Thomas, the book was never opened and he was never shown specifically where in the regulations it forbids a farmers’ market. His interpretation of the punitive legislation information regarding vendors in the Newtown code book found on the town website, said Mr Thomas, indicates that farmers may be allowed to sell their wares. Chapter 265 defines vendors, hawkers, and peddlers; lists licensing requirements; and under “Exceptions” notes that “The provisions of this chapter shall not apply to the sales by farmers and gardeners of the produce of their farms, gardens and greenhouses…”

However, said Ms St Jean, while it may seem that this applies to a farmers’ market in Newtown, this exception to the ordinance refers to those who own a farm or garden and wish to sell produce on their own property, as in a roadside stand. “This farmers’ market is a group of people selling not directly from their own gardens, and are from all over, not just Newtown,” said Ms St Jean.

Ultimately, she said, the real issue is that a farmers’ market at Lexington Gardens does not fall under the allowed use of the property. “In zoning,” she said, “you have to have a right to have a use, and that is the use you are allowed.”

Any property owner has the right to pursue an amendment to the regulations, explained Ms St Jean, but warned, “Once you amend the regulation, any business can have that exception. It is not specific to one site. There is no discrimination.”

It is usually not a problem when requests for amendments to a regulation are made, said Borough Zoning Commission alternate Palmer Chiapetta, if the request is valid and everyone on the board approves. It is important that procedures be followed, he said, for an application to be considered. Requests made this year would certainly be assessed and either granted or not within several months, making it possible for the Organic Farmers’ Market to possibly gain permission to hold the market in the center of town next summer.

Jim Shortt, proprietor of Shortt’s Farm and Garden Center in Sandy Hook, is disgusted with the decision by the borough to shut down the market at Lexington Gardens. “Can’t the borough make an exception?” he wondered. The organic farmer has been taking part in the market for several years and was pleased with the move this year to the center of town.

“It is four hours, one day a week, and no one had a negative thing to say,” Mr Shortt said. “Are there that many people in the borough opposed to the farmers’ market?” he asked.

The reason exceptions to the rules, such as the popular Organic Farmers’ Market, are not made, said Borough Warden James Gaston, is the difficulties encountered if one entity is allowed to do something outside of the zoning laws and then others also want exceptions without seeking an amendment. “We have to enforce zoning evenly,” he explained.

Mr Thomas said that he plans to file for an amendment and hopes to see the Organic Farmers’ Market return before the end of the summer. “The vendors and the customers were ecstatic that the market was in the center of town. From what I’ve heard, a lot of people are upset [that the farmers’ market has been removed from its new location]. Hopefully, they will contact the right people in town and let them know they are not happy,” Mr Thomas said. “How can three or four people [from the borough] decide what is best for the town?” he questioned.

Resident Lynn Fowler was disappointed to hear that the market would no longer be held at Lexington Gardens. “I really enjoyed going to the market at Lexington and felt it was a much better location than St John’s, more open and inviting,” said Ms Fowler told The Bee. “Lexington Gardens is more in the mix, a place I’m much more likely to drive past as compared with St John’s. I will still attend the farmers’ market because I feel strongly about supporting local businesses, especially local produce, but will probably not attend every week as I was planning to at Lexington Gardens,” Ms Fowler said.

The first two weekends of the season were very busy, Ms Fellows said, and no complaints from area businesses were registered to her. “The businesses in the area are happy to see us. We post our flyers at Caraluzzi’s and Big Y,” said Ms Fellows. “I’m literally dumbfounded that the borough would ask us to not come back. It’s such an asset to the town.”

The Sandy Hook Organic Farmers’ Market has returned to the parking lot behind St John’s Episcopal Church, on Washington Avenue, in Sandy Hook Center. It is open from 2 to 6 pm, every Tuesday through October. For more information call 313-9908.