St. James Winery Gets State License to Sell Wine

A St. James winery has received its state license to sell wine, but still has to work out its differences with Smithtown officials for an outdoor event permit.

Whisper Vineyards received its New York State license to operate and sell bottled wine in December 2012 after more than five years of waiting, said Steve Gallagher, owner of the vineyard and Borellas Farm Stand.

The winery is finally putting its label on bottles of wine dating back to 2007 and 2010, which Gallagher said was a great year back in a September 2012 interview with Patch.

The next challenge the winery faces is working out its differences with Town of Smithtown officials to obtain a special event permit that would allow it to host weddings and other outdoor events. A public hearing is scheduled for 7 p.m. on April 25.

The public hearing was adjourned from the March 21 town board meeting after winery owners and town officials got into a dispute over whether Whisper Vineyards' right to host special events is protected under state agricultural laws.

Vincent Trimarco, an attorney representing Whisper Vineyards, said he believes the winery would be exempt to the special permit requirement under state's Agricultural Markets law.

Smithtown Planning Director Frank DeRubeis said if the winery is claiming exemption the town will ask for its financial records for such events as proof the wine sales exceeded fees charged for the event, a condition listed under state's law.

In order to get a special event permit from the town, DeRubeis said the winery would have to submit a generic description of the events it plans to host and a draft layout of where the event's outdoors tents and parking would be located. The issue could then be voted on by town board.

Councilman Thomas McCarthy said he didn't understand why the winery owners wouldn't seek a permit from the town.

"I don’t see anybody on this board who’s going to oppose the special exception, so I don’t know why they don’t just go for the special exception,” McCarthy said.

Councilman Kevin Malloy said he's concerned what may happen if the winery does not receive permission to host outdoor events, either under state law or via a town permit.

"The owners are getting ready to leave town which means we will have the possibility of construction of multiple housing units," Malloy said.

Gallagher said while he would not comment directly on the winery's pending permit application, but there are religious organizations and developers have expressed an interest in the property. It is the first time he's heard word of the farm leaving town.

"Picking up and leaving, selling land to a developer, it’s always an option," he said.

The Borellas Farm Stand is a 53-acre farm Edgewood Avenue has been a family owned and operated since 1945.