Harney & Sons seeks zoning change for planned expansion

MILLERTON — Business is booming at Harney & Sons Fine Teas. In fact, things are going so well for the company that it’s looking to expand its Millerton headquarters with the addition of another building on the Route 22 site. To do so it needs either the light industrial zone to be rezoned by the Town Board or an area variance granted by the Zoning Board of Appeals (ZBA).

Paul Harney, son of the tea company’s founder, John, appeared before the Town Board at its workshop meeting July 31 with his attorney, Robert Trotta, to discuss the matter.

"Harney Tea, I’m happy to say, is doing nicely," Trotta told the board. "They have filled up that [300,000-square-foot] warehouse unit. They have had to develop a business plan to expand."

That expansion seeks to build a separate building on the same 22-acre site, which they are first looking to subdivide. There is a minimum lot size requirement in that zone of 15 acres; Trotta requested that be lessened to 10 acres.

"They want to divide the parcel, they’re not looking to have a separate entrance or to develop separately from the rest of the property," town Supervisor Dave Sherman said. "It’s a matter of a business arrangement [among the Harney family] rather than dividing the site up and selling it for other development. They want to be allowed to split the property in half roughly."

But while Harney and his attorney have approached the Town Board about rezoning the area, Attorney to the Town Warren Replansky said they should take another approach.

"I don’t know why you wouldn’t be able to get an area variance, area variances are pretty liberal," he said. "It seems to me you have a pretty strong case for an area variance, I don’t see why you want to change the zoning for the whole district.

"Changing the zoning law is a lot more cumbersome process than getting a variance," he added.

"Not in my view," rebutted Trotta. "We would like to get it built in the next 12 months. I don’t want to spend four to five months getting an area variance.

"The only one who is being impacted is this fellow sitting next to me [Paul Harney]," Trotta added.

Both Replansky and Sherman said that things have changed when it comes to getting an area variance. It once was the case that New York state law required much more information from an applicant seeking an area variance, but that’s changed.

"It’s loosened up considerably," Sherman said. "The ZBA has a little freer hand to grant these kinds of requests. The key here is for our knowledge of things from the town side. Approaching the ZBA is probably a faster route to achieving what we want to do as a Town Board than making a revision to the zoning would be."

Trotta, however, said he had reservations, and some had nothing to do with the time clock.

"I don’t feel we should take it to the ZBA," he said. "Things have happened before I got involved in this thing that told me this is not for the ZBA. People with financial interests are sitting on the ZBA."

"I don’t know what to say to that," responded Sherman, who stuck with his original advice of appealing to the ZBA.

Town Councilman Carl Stahovec expressed his opinion, one which he shared with both Sherman and Replansky.

"Go to the ZBA," he said. "I don’t care what your attitude is — you’ve got to go with what is right."

Councilman Dan Briggs agreed.

"My first reaction is you ought to go through the variance process,"
he said. "It isn’t a significant variance. Then you have to go to the Planning Board for site plan and subdivision approval [which you have to do anyway]."

Despite Trotta’s pleas, the Town Board presented a united front, directing the attorney to the Zoning Board of Appeals.

"I would be shocked if the Zoning Board turned this down," Replansky said. "If it seems like the ZBA is being irrational or unreasonable you can go for a zoning change at that time."

The town supervisor, meanwhile, wanted to stress how pleased he is the Harney business is doing so well.

"On behalf of the Town Board we are very pleased to see Harney Tea expanding, enlarging its facilities and hopefully increasing its employment opportunities in our community," he said. "The town welcomes this type of development strongly and we will assist the Harneys in moving this project forward smoothly and avoid any unnecessary delay."

The next move for Harney and Trotta will likely be for them to make an application request before the Zoning Board of Appeals for an area variance.