TOWN OF BOSTON, N.Y. — The often-busy Foxhole Farm Winery in the Town of Boston has been told by the town to "cease all operations," citing several code violations, but the owner tells 7 News this came out of nowhere.
This decision to close the local business effective immediately certainly did not come by the choice of owner, Todd Gallagher.
“Cease operations, meaning close my doors, and being a veteran-owned business, this is my sole source of income right now,” Gallagher said.
Gallagher was preparing for a busy Father’s Day weekend, with lots of guests and hired catering.
Instead, he was told he must close, so he issued a costly refund to all his customers.
“[Closing that weekend cost me] tens of thousands of dollars, easily, between revenue and money spent, tens of thousands of dollars,” Gallagher said.
A pricey decision, as the future of his business still looks on an unknown future.
“It’s just frustrating to see somebody work so hard to do everything they can to create an atmosphere and a facility with a good following like this, then to see it pulled out from under them,” Gallagher’s friend and customer Brett Borowiec said.
Why would the town shut down this popular local spot?
In the town board meeting minutes from February 7, the town code enforcement officer presented several reasons why.
The first of which, is that the business is located in a residential agricultural zoning district, saying “The use of this parcel as a commercial winery is in question. This is not a permitted use in his residential agricultural (RA) zoning district. The closest use found would be a picnic grove under 123-48 B. (4), requiring a special use permit.”
However, Gallagher has written permission from the town to operate, and he received that notice before construction ever began.
“It says I can operate a farm winery on my property,” Gallagher said.
The next reason listed, Gallagher is just now learning the very barn he’s operated in for more than five years is allegedly too big for town code.
“But this [building’s construction] has been done since 2018, it’s now 2024,” Gallagher said.
Other listed reasons include issues with his liquor license and live event permits.
The town told 7 News in a statement:
“The Town of Boston can confirm that a local business was formerly served with an order to cease operations. The business has generated numerous complaints from neighbors, was operating without a certificate of occupancy, and has several outstanding code violations. The Town has been willing to work with the operator to address outstanding issues but pending resolution of these matters Code Enforcement felt it had to act because the business had posted on Facebook plans to host a large event on June 16. Businesses operating in the Town must have a certificate of occupancy and other necessary permits to be in compliance with the requirements of the Town Code and applicable State Regulations.”
The winery is closed until further notice, still, Gallagher remains optimistic his business will return.
“We will reopen soon, don’t worry.”
