Town of Lewiston OKs moratorium on site plans, special use permits

Town Board action targets nonconforming uses in zoning districts

By Terry Duffy

Editor-in-Chief

Lewiston Town Board members on Monday approved a six-month moratorium on permits covering seasonal/special use activities in the zoning districts. The vote followed a contentious, nearly 30-minute session where the board received a number of comments from speakers in defense of right-to-farm operations.

The meeting led off with a public hearing to approve the town’s Local Law No. 2-2025. The measure proposes, “Establishing a six-month moratorium on the processing of applications and approvals for site plan approvals and special use permits relating to nonconforming seasonal uses, seasonal events and attractions in all zoning districts by the Town of Lewiston Planning Board.”

Supervisor Steve Broderick opened the session announcing, “I just want to remind everybody, this is on the moratorium for special use permits. It does affect (the Niagara) Pumpkin Farm, but it's not about the pumpkin farm. So, if we can if we can talk about the moratorium, please do so.”

With that, 10 visitors signed up to address their concerns to Broderick and Town Board. Two announced their support for the moratorium, but the remaining speakers were against the moratorium and in support of right-to-farm operations – namely the Niagara Pumpkin Farm, a seasonal business operating at 5368 Townline Road that’s viewed by many as the focus of the town’s actions.

Over past months, the town has taken steps to curtail Niagara Pumpkin Farm’s business operations by requiring its owners to obtain a special use permit prior to opening this fall. Town building and zoning officials contend the business, which offers a number of Halloween and seasonal attractions on the property, had been operating in violation of town code and drawing too many visitors to a residential area.

Niagara Pumpkin Farm is located in a zoned rural residential area of the town and has been operating since 2022 without town interference.

Townline Road resident Andrew Davis spoke in favor of the measure, which will require the aforementioned special use permit approval before an applicant (farming or otherwise) does any modifications to their property. Davis appeared before the Town Board on previous occasions to offer his comments on Niagara Pumpkin Farm. He contends its seasonal offerings have grown in popularity and disrupt the life of the neighborhood.

“At this point, (the owners have) proceeded to erect buildings, put in sidewalks, do things that would normally require a special use permit,” he said. “(It’s) in violation of town code. So, I'm here to support this new law and hope that he becomes a law-abiding citizen and obeys the town code and zoning laws.”

Hannah Davis of Townline Road also gave her support to the measure, telling the board the farm’s business impacts neighboring residents: “There are 18 residents; they all deserve some privacy. I support this local law; the neighbors are all concerned, they are disrespected, all of them (want) some privacy.”

Kyle King, owner/operator of Niagara Pumpkin Farm with Alisha King, told board members he “has serious concerns with the supposed moratorium.” He cited the town’s “inconsistent standards,” saying actions taken earlier by the Building Department and town attorney threaten the farm’s viability to plan operations in the future. Niagara Pumpkin Farm was given approval to operate this fall after the town rescinded a threatened legal action.

“Following that meeting, Mr. (Al) Bax (attorney for the town) assured my attorney that (that) moratorium was not intended to hinder my application. However, reference was made … to suggest otherwise, indicating that my business was at the center of this.”

King went on to challenge statements made by town officials on whether Niagara Pumpkin Farm had been operating as a nonconforming use. He said the town’s planned moratorium stands in violation of the state’s Agriculture and Markets Law.

“I am not operating illegally. … I am not considered a ‘farm market,’ ” he said, referencing earlier comments made by Town Building Inspector Tim Masters.

“My farm aligns with the definitions of agriculture as defined by the New York Department of Ag and Markets,” King said.

He noted Niagara Pumpkin Farm’s seasonal activities “are integral components of modern agricultural operations, not merely entertaining businesses.”

All remaining visitors who spoke that night conveyed the same sentiment to Town Board members.

“A successful harvest depends on stable farming operations,” King said. “I cannot sustainably run my farm on rules (that) change each season (or) when my operations are threatened by unfounded (claims).”

Labeling the town’s proposed actions as “unnecessary,” King said it violates the state’s agriculture markets law 305 issue. “If the town seeks to revise its code to go the way it supports agriculture, I welcome (it). Many communities implement modified site planning reviews … that facilitate rather than obstruct farms for operations.

“Your comprehensive plan (supports) agriculture and protects local farms. I urge this board to honor that commitment and comply with state law and modify or reject the moratorium to prevent unlawful restrictions.”

Following comments, the Town Board went on to approve the moratorium on a unanimous vote.

“I will be voting to approve this moratorium,” Broderick said. “The Town of Lewiston, like many towns in Niagara County, has seen an increase in seasonal attractions and limited-time events. These events are a little different than standard businesses that run year-round. They have different challenges, from parking, to sound and lighting, and fire safety concerns. These seasonal events often pop up without first obtaining the proper permitting from the town.”

Broderick continued, “These events may have many supporters, but we have also received many calls from concerned neighbors that feel their quiet neighborhoods are suffering because of these events. With this moratorium, the town is just saying, ‘Hey, let’s take a pause here so we can review and revise our local laws.’

“Our attorneys are already working on new laws that will be designed to ensure that these events are conducted in a safe manner that won’t unduly burden the neighborhoods where they operate.

“Again, the town wants to ensure that seasonal attractions have the proper permitting and review guidelines to ensure safety and protection of the town.”