Facts Not Fiction

Please note this website reflects our views/opinions, which are based upon court filings, discussions, and conversations with persons with direct knowledge, and review of documents obtained through FOIL from the Town of Orangetown and the New York State Liquor Authority.

Why Was the November 28, 2023, Public Hearing Cancelled?

In March of 2018 Chis (Jim Van Houten’s son) and Sharon Van Houten began a legal action in the NYS Supreme Court. That action addressed Chris’ removal from the family business and an attempt to evict Chris and Sharon Van Houten from their home. This case was heard and is currently awaiting scheduling in the appellate court.
Jim Van Houten formed the Van Houten Farm Market Benefit Trust (VHFMBT) in 2021 and sold the Van Houten Farm property to the trust. Darin and Elisabeth Van Houten (Jim Van Houten’s nephew and his wife), the owners of Rockland Cider Works, are the trustees and beneficiaries of that trust.
In early September of 2023 Jim Van Houten applied to the Orangetown Justice Court for a ten-day eviction order to remove Chris and Sharon Van Houten from their home.
In response to Jim Van Houten’s action Chris and Sharon Van Houten were forced to immediately file a new action against VHFMBT in order to prevent being evicted from their home.
On Wednesday November 22, 2023, as part of the new action, Chris and Sharon Van Houten’s lawyers sent VHFMBT’s lawyer notification that they would be requesting a TRO preventing the trust from petitioning the town for the law change prior to settlement of their court action.
On the evening of November 22, 2023 VHFMBT’s lawyer filed a motion with the NYS Supreme Court moving to dismiss.
On Friday November 24, 2023, Chris and Sharon Van Houten’s lawyers sent the VHFMBT’s lawyer another notice of their intent to request a TRO, along with a copy of the papers that they would be filing.
Those papers were filed with the court later that afternoon.
On Monday afternoon, November 27, 2023, the court signed the TRO.
On Tuesday November 28, 2023, the VHFMBT’s lawyer filed papers to reargue the TRO.
The court declined the VHFMBT’s request to reargue leaving the TRO in place.
If RCW's local law is passed, and the cidery is allowed to reopen prior to a resolution of ownership issues, Chris and Sharon Van Houten could suffer numerous damages. One example of this could be that the setbacks noted in the proposed law may not apply to Chris and Sharon's home and yard.
The court will make a ruling on the future of the TRO order on, or after, January 5, 2024.

Are Rockland Cider Works (RCW) and Van Houten Farms (VHF) the same business?

The most recent filing for the business Van Houten Farms, LLC that we have found dates to 2013 by Jim Van Houten. A copy of VHF’s LLC documentation was obtained through a written FOIL request to the New York State Department of State Division of Corporations. (type “Van Houten Farms” in to the Entity name area and check the box for “Limited Liability Company”)

Based on statements made on RCW’s New York State Liquor Authority (NYSLA) license application, Rockland Cider Works, LLC was owned solely by Darin and Elisabeth Van Houten at the time of RCW’s original application. RCW was granted a temporary farm winery license in August 2019 and a full license in May 2020. A copy of RCW’s farm winery license was obtained through a FOIL request to the NYSLA. This copy was marked up and returned to the SLA as part of a complaint against RCW.

Based on a records search in https://apps.dos.ny.gov (type “Rockland Cider Works” in to the Entity name area and check the box for “Limited Liability Company”) RCW was formed as a LLC in February 2019.

Based on RCW’s original NYSLA application Jim Van Houten and the owners of RCW signed a lease for the use of a portion of the VHF property to house RCW.

Based on Court Documents, available on the Rockland County Court Records and NYCEF websites, it appears that the VHF property was sold to the Van Houten Farm Market Benefit Trust (VHFMBT) on July 13, 2021. Based on the deed document it appears that Darin and Elisabeth Van Houten are the trustees of this trust.

For more information on RCW’s license please see: https://lamp.sla.ny.gov/ . Click on the Active License tab on the left-hand side of the page and type “Rockland Cider Works” in the area marked: “Section name contains.”

We have not found any documentation supporting the idea that RCW and VHF are any more than landlord and tenant regardless of overlapping ownership.

Is VHF under Attack?

A number of residents of Orangetown are asking the town to preserve the current zoning code which protects our rights as homeowners in residential neighborhoods. Based Orangetown’s zoning code, as well as documents submitted by the town to the court, operating a bar and open-air entertainment venue (farm winery) in an R80 / R40 residential district appears to be illegal. As far as we are aware no one is attacking VHF or asking that it be shut down.

Isn’t this all about a family feud?

Based on a review of documents publicly available on the NYCEF website there are two relevant but distinct sets of claims being heard in the Rockland County Supreme and Appellate Courts.

The first set of claims involves VHF and the physical property that it exists on. There are three parts to this action: The orignal claim, the appeal to that claim, and a second claim.

An entirely separate set of court actions involves zoning laws and the operation of what we believe to be an illegally operating farm winery on the Van Houten Farm property. While overlapping, these actions have been brought by different parties and address distinct sets of issues. Given the range and number of non-Van Houten parties to the action regarding zoning laws (see below “What do the Neighbors who are suing RCW want?”), it is reasonable to presume that the case regarding zoning laws is not related to a family issue.

Is the Town of Orangetown suing Van Houten Farms?

We have not found any record of the Town of Orangetown having sued RCW, or VHF. See NYCEF.

Is VHF suing the Town of Orangetown?

Based on court records publicly available on the NYCEF site, VHF sued the Town of Orangetown in the Rockland County Supreme Court in January 2022. This suit was dismissed by the court in January 2023.

Are the neighbors trying to shut down VHF?

We are not aware of any neighbors trying to shut down VHF. In fact, many of the neighbors are longtime supporters of VHF.

What do the neighbors who are suing RCW want?

The neighbors who are suing RCW believe that that the town board has a duty to uphold its existing zoning laws in order to protect the interests, safety, and property values of local homeowners, as well as the wellbeing of the general public. Based on information obtained through FOIL requests and a search of the following NYCEF’s publicly available records:

https://iapps.courts.state.ny.us/nyscef Director of OBZPAE Affidavit

https://iapps.courts.state.ny.us/nyscef Deputy Building Inspector Affidavit

https://iapps.courts.state.ny.us/nyscef Code Enforcement Officer Affidavit

https://iapps.courts.state.ny.us/nyscef Assistant Building Inspector Affidavit

https://iapps.courts.state.ny.us/nyscef Sal Mozzella Real Estate Appraiser Affidavit

https://iapps.courts.state.ny.us/nyscef Neighbor 1 Affidavit

https://iapps.courts.state.ny.us/nyscef Neighbor 2 Affidavit

https://iapps.courts.state.ny.us/nyscef Nauraushaun Church Letter

https://iapps.courts.state.ny.us/nyscef Neighbor 3 Affidavit

https://iapps.courts.state.ny.us/nyscef Neighbor 4 Affidavit

https://iapps.courts.state.ny.us/nyscef Neighbor 5 Affidavit

https://iapps.courts.state.ny.us/nyscef Neighbor 6 Affidavit

https://iapps.courts.state.ny.us/nyscef Neighbor 7 Affidavit

Why is RCW currently 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. According to documents obtained though NYCEF (See 1-5 in the secion above), the Town of Orangetown’s position is that the operation of a farm winery is a violation of Orangetown zoning laws.

What has the town done about RCW’s violations of Orangetown zoning Laws?

Based on the information found in several FOIL responses (file a FOIL with the Town Attorney asking for the charges), the town of Orangetown filed charges against RCW in Justice Court with ten (10) counts of violating Orangetown zoning and building codes. RCW has pled guilty to nine (9) of them.

Did the town shut down RCW on Small Business Saturday?

The Orangetown Fire Marshall closed one of the VHF temporary greenhouses on Saturday November 26th, 2022. The greenhouse was being used as a concert venue in violation of several sections of NYS Fire Code. According to the Fire Investigation Report VHF and RCW’s owners had received two prior warnings from the Fire Marshall regarding the use of the greenhouse in this manner. A copy of the Fire Investigation Report was obtained via a FOIL request to the Orangetown Fire Marshall.

Why can’t RCW use VHF’s Greenhouses?

One reason may be that the VHF greenhouses are temporary structures. Their use is governed by both the NYS Fire Code and the NYS Building Code. See the previously noted codes for descriptions of the relevant codes and the definition of a “temporary greenhouse".”

Did the Town of Orangetown write the proposed local law legalizing farm wineries and farm cideries in R80 / R40 Residential neighborhoods?

The owners of RCW wrote and proposed the local law in question. The town, following standard practice, hired the Laberge Group, at RCW’s expense, to review the law and make suggestions. As of the last versions of RCW’s proposed law and Laberge’s recommendations, provided to us, via FOIL, it appears that much of the Laberge’s group’s recommendations have been ignored.

Does Silver Rock Farm belong to VHF?

Silver Rock Farm (SRF) and Infinity Equine Therapy (IET) are independently owned and operated businesses. The current owner of SRF has leased the stable facilities from VHF for the past 28+ years. Prior to that another stable operated the facility. The relationship between SRF and VHF is that of tenant / landlord.

Could a Farm Winery or Farm Cidery Open Near Me?

Possibly. The law being proposed is a local law meaning that it impacts all of Orangetown, not just one property. If you live near a property of five acres, or more, in an R40 or R80 zoned district the answer is maybe. Based on a search of the Rockland GIS Map system and the Orangetown Tax Bills on Line System, it looks like there are at least five additional Orangetown properties, in Blauvelt and Pearl River, that could apply for special permits to open a farm winery or farm cidery. This does not mean that the current owners are planning to do so. It means that the property is eligible and current or future owners could apply.

Can VHF survive without RCW?

We don’t know. What we do know is the following:

VHF operates a longstanding business serving the NYC Green Markets.
VHF operates a Garden Center
VHF operates a small grocery store (aka “the farm stand”)
The property receives rent from the riding facility.
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 owners of VHF property are at liberty to operate any of those businesses, or not, as they see fit. See the R80 (R40 largely mimics R80) zoning table
https://www.greenhousemag.com/news/axiom-releases-annual-2024-gardening-outlook-survey/
Water, a potentially large cost factor for a garden center, is sourced from a well on the property.

Aren’t VHF and RCW located in an Agricultural District?

Rockland County does not participate in the NYS Agricultural District Program. See http://rocklandgov.com and https://agriculture.ny.gov

Doesn’t the NYS Farm Protection law allow farm wineries and farm cideries to operate anywhere in NYS?

The Farm Protection Law (also here) is only in effect in Agricultural Districts in counties which have elected to form Agricultural Districts.

Why is RCW any different than the Masonic Fairgrounds?

The Masonic Fairgrounds dates 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 published state and town laws, court documents and other publicly available documents.