Meeting Time: December 20, 2022 at 3:30pm EST
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Agenda Item

4.A) Appeal #12-22 of West Oaks Farm Market, LLC

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    TANYA HOLLIDAY over 2 years ago

    I’m Tanya Holliday from the Gainesboro District writing on behalf of West Oaks Farm Market and in support of their appeal #12-22. West Oaks Farm has been a presence in this community for hundreds of years. They, like so many farmers, have had to find new creative ways to continue to farm and support agriculture in order to survive. No business can survive let alone thrive without looking ahead to what is needed and finding a way to meet that demand. West Oaks Farm has done so by adapting to community needs and filling a niche that Frederick County needed and in so have brought tax revenue to the community and kept the family farm producing and thriving. West Oaks can provide an open educational environment for hundreds of school children thru field trips and family events, to locals, or visitors, looking for farm fresh vegetables, fruits and meats right up to being an locale for weddings and retirements. West Oaks Farm and the Snapp Family have assisted many local organizations thru donations and have been and continue to be good stewards of Agriculture, Business and Family in Frederick County. I have been to the Farm on many occasions, both at the previous location and to their new larger facility and have attended events there. I support West Oaks and the Snapp Family in their continued vision and development of their Farm and of Frederick County.

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    Rebecca Merriner over 2 years ago

    I am Rebecca Merriner and live in the Back Creek District. I am writing in support of West Oaks Market and their appeal #12-22. Agriculture combines the creativity, imagination, and skill involved in planting crops and raising animals with modern production methods and new technologies. West Oaks Market is vital to Frederick County and agritourism. They have expanded on the foundation of farming to provide local food and wholesome family activities in a manner that is respectful of their neighbors and community. Please allow West Oaks to continue providing a comfortable and inviting environment for families to enjoy.

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    Emily Roy over 2 years ago

    I am Emily Roy of the Gainesboro District. As a child, I grew up in the county, being lucky enough to be supported in my interests in agriculture, now returning to continue supporting youth in ag in our community. I value the experiences West Oaks provides our children and families. West Oaks is always a constant supporter of our educational programs, often having many field trips each season from a variety of grade levels and content areas. One of the most valuable things I have appreciated about this farm and this family is that they are always willing to have a sit-down conversation about what they do, why it matters, why they love it and the rich history that the farm holds as a 10th generation family farm. I have helped glean apples regularly from the farm, with over 150 pounds of produce donated to the area food bank, multiple times each year. I have recognized West Oaks support of youth organizations through giving of their time, tangible donations, and scholarship investment. When there is a need in our community, the Snapp family and West Oaks Farm has never shied away.

    As I raise my son, and enjoy teaching the next generations about agriculture in Frederick County, I hope to be able to continue to share about the value of local family farms. The progress that our world must make in its ability to feed a growing population with less land devoted to farming and more housing is a battle that the generations to come will continue to face, but I hope as they come to do so, they have a chance to sit down with the generations of Snapp farmers to come and have a conversation about the value of local agriculture and the importance of truly loving what you do and doing what you love.

    I urge you to continue supporting this local agribusiness by endorsing West Oaks in their appeal. Thank you.

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    Constance Paradise over 2 years ago

    I grew up on a large family farm in Maryland, and had a wonderful childhood roaming all over the acreage. My sisters and I experienced the joy from picking our dinner fresh from the gardens, seeing animals being born, and running through freshly plowed fields in our bare feet; all fond memories and learning experiences. I migrated to large cities to take advantage of career opportunities, and since retiring moved to Winchester City. One of the best advantages of living here is that driving only a few miles
    allows me to drift right back to when I was a child. I was lucky to grow up this way and I get that feeling when I drive up the rough road of West Oak. I see kids excited to pick flowers, clim on bales of hay, and girl and tumble in the grass. It’s a blessing to give kids the opportunity to see where their food comes from especially when they can tour the facilities. The relaxed summer nights with entertainment rivals larger venues a few hours away, and yet we have this in our own backyard. It’s a place for communities to gather and get to know one another, and for kids to be kids. West Oak contributes a great deal to our community.

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    Shane Cannon over 2 years ago

    I’m a resident of the red Bud district in Frederick Co and I support West Oaks Farm market appeal. I have enjoyed West Oaks professionally with business meetings and their hosting of political leaders in our community. Likewise I have enjoyed the food, fresh produce and local products offered to citizens at the market. The Snapp family supports my local business and my children that attended Orchard View Elementary, their beloved neighbors. Lastly, I enjoy the local entertainment and community events that West Oaks bring to our beautiful countryside in western Frederick county. 10 generations strong, 10 generations of love and community, 10 generations of future at West Oaks Farm Market.

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    William McDonnell over 2 years ago

    I’m William McDonnell from the Shawnee Dis. writing on behalf of West Oaks Farm Market and in support of their appeal #12-22. I grew up no more than a couple of miles from West Oak Market. My parents who lived in the area near the market for over fifty years use to love going to the market for fresh produce, homemade goods and to take in the entertainment outside. I love how the Snapp family have made the market a true overall experience that all ages can enjoy. The market caters to many community needs including fresh wholesome produce, childhood education, family values and a safe place to hold many events including family holiday gatherings, evening entertainment and educational and local community meetings. Please keep in mind that this family have been a part of the main fabric of this community for many generations and would never do anything to harm this locality. The ones that are complaining have not contributed a fraction of what the Snapps have done for over 100 years. There are noise issues just about any where you go in Winchester these days and it’s not because of a family like the Snapps. Let’s be honest when we talk about noise, traffic and overall crowds of people. This is because of the explosion in growth throughout all of Frederick County. Where my parents lived in Kernstown was a peaceful neighborhood with farmland surrounding their house but today there is no farmland just housing development after housing development along with the Trex factory that has a constant loud humming noise day and night. We’re my parents annoyed, sure but there was nothing that could be done as they understood the counties goals for the the locality. With urban sprawl comes growing pains but if it benefits the community overall then it should be welcomed not harassed! Please allow this loyal citizen to continue with their dream of giving the Winchester area a safe and family oriented business and not derail their efforts due to transient individuals.

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    Patti Solenberger over 2 years ago

    Dear Fellow Citizens,
    I’m Patti Solenberger from the Shawnee Dis. writing on behalf of West Oaks Farm Market and in support of their appeal #12-22. I grew up a suburbanite and had the opportunity every summer and school break to visit my Aunt Kate and Uncle Jack on their farm. The most important lessons about living, dying and working hard were learned on that farm. I’m still a suburb dweller but visiting West Oaks Farm Market always takes me back to my farm days. I love driving up the gravel lane and heading into the market where they have everything I need-meat, eggs , vegetables, fruit and dairy. Fresh local foods sold by people who can answer my questions about them. I’ve been there when school field trips are happening and seen the joy on the kids faces as they run through the strawberry patch. I’ve been there to hear our Lieutenant Governor Winsome Sears speak on education and agriculture in the outdoor pavilion. I’ve gone for concerts and watched parents taking their children to the pumpkin patch. Many of these kids from our community would never have the opportunity to see agriculture in action if it weren’t for West Oaks. They get to play on a real tractor, run through the fields and see real live plants from beginning to end. Plus taste the twenty+ varieties of apples grown in our region. I know concern has been expressed about the noise. I live off Senseny Road in Frederick County. Every summer and fall I listen to the sounds of the racetrack, SU Hornets Football and social events at the Winchester Country Club. I hear the bands and car engines every weekend. I’m so grateful to hear them! Imagine living in a place where all the noises were silenced because someone didn’t like them. It would be like living in a picture book with just an outline-no colors at all! The noises from the bands, traffic and people at West Oaks Farm Market adds so much to our community. Please don’t keep them from fulfilling their mission of agriculture education! Thank you.

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    Sue Selznick over 2 years ago

    Back creek
    We support local farmers & businesses and agree that a beautiful farm market is an asset to the community. There are 2 issues we have with them. First is the fact that they are violating their CUP. In addition to being a standard farm & farm market, they were approved for specific structures as a venue for private events up to 275 people. They were cited because in order to expand their facilities they NEEDED to apply to do so (they built their stage, improved their pavilion, and are expanding their parking lot in violation of the CUP). This resulted in the second issue, the farm market is zoned for RA use. By having regular/weekly public events in excess of 1000 people with a cover charge & bar without ever requesting or receiving permission to do so, they may have an unanticipated and unapproved commercial use in this zone that negatively impacts the residents in the area (the county’s responsibility is to protect the rights of ALL community members, not just the farmers). As neighbors we fully support the festivals, market, and other typical agri-tourism activities to support our local farmers, including the Snapps. However, the Snapps purchased new land several miles from their farm, built a massive market that is half beer & wine (probably largest beer selection in town), a restaurant, a solar farm, and a Friday night bar/nightclub, all in the name of supporting their main farm (on cedar creek grade) While our area can certainly benefit from more places to go for fun on Friday nights, there comes a point when a line has been crossed from “agritourism” to commercial venture, subject to all the applicable laws and responsibilities. While the market, solar farm, and small venue are reasonable ways to support their farm with a reasonable impact on the neighbors, having loud concerts with a thousand people drinking for hours into the dark of the night on a weekly basis is a risk & a nuisance to the neighbors which must be taken into consideration.

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    Samantha Armel over 2 years ago

    As a Frederick County Resident, member of the Small Business Freedom Alliance, and small business owner I stand in support with West Oaks Farm Market(WOFM). WOFM provides numerous services to local residents such educational opportunities for our youth, a robust selection of market goods for consumers, and agritourism opportunities that attract both tourists and neighbors within the community. They impact our local economy in a variety of ways and employ many within the area. It is understandable that some fail to grasp the costs associated with running such a large operation as West Oaks. Most are unaware of the protected rights of farmers and agrotourism in Virginia. The Virginia Right to Farm Bill and the Boneta Act protect the rights of farmers to provide additional income for their families and their businesses through agrotourism activities.
    Year over year farmers, farmland, and farms have declined nationally and throughout our state. The average age of farmers continues to rise while the number of young farmers entering the profession has declined. Continued strains on the supply chain, global economic unrest, and rising inflation only add to the strain on our farming communities. It is within the community’s best interest to not only protect our local farmers but support them as they fight to remain in operation in light of these facts.

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    Pam Hoyle over 2 years ago

    I fear that allowing WOFM to bypass laws that are set by Frederick County will set a negative precedent for the future of Frederick County. As it stands, WOFM are violating more than #1 & #7 of their CUP. During the months of March through October, every Friday night, they have in attendance at their facility more than the 275 people that their CUP allows. In addition, these events are not ‘agricultural’ in nature. They are public, live band concerts in a bar setting. The stage and shelter that they built (the violation that they are cited for) allows for these events to occur. I live in the Back Creek District, 2 miles away from WO, and can clearly hear the music on these evenings. I support the ‘Farm Market’ with fresh produce and educational activities for families. However, I cannot support their activities that are not agricultural in nature.

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    Alan Fink over 2 years ago

    I am in strong support of the West Oaks Farm Market facility as it currently stands.
    The Snapp family has done an incredible job with their agricultural property in Frederick County and in keeping farming alive & well in the Shenandoah Valley. Their facility is a clean, well run, and family friendly venue which is enjoyed by everyone that goes there. I have never heard a negative comment from any of the attendees at their events, and I have been to at least a half dozen. The overwhelmingly positive comments below are testimonials to the hard work and good-will of the Snapp family and the enormous popularity that West Oaks Farm Market has garnered over the past few years.
    Certainly, there must be a way to come to an amicable resolution to the alleged zoning violations. Their business is a wonderful addition to this area and we need to support wholesome, family-friendly, agricultural-related attractions that benefit our entire community.

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    George Teets over 2 years ago

    About 3 years ago when the pandemic began, all of the establishments downtown that had music entertainment had to shutdown.

    Most never recovered, closed, or no longer have live music, and that was the day the music died. You see, my way of unwinding and relaxing after a week of work is through music. It was a long 3 years of boredom and stress.

    Then West Oaks came along at the perfect time and began having outdoor music entertainment. I couldn't have been more excited and overjoyed. I work all week long and my escape is music on the weekends, like the song; "Everybody's Working for the Weekend." It's a place for families to bring their kids and pets and sit outside in an open air arena and relax and enjoy the music, friends, food, and drink.

    I've never once have seen any fights or other sort of trouble and that's with 1,000-1,200 people on Friday nights 4 times a month. For 5 months and it's over by 10pm, now I find that remarkable.

    I beg you, please don't let this be the day the music dies again. It seems to me that some concession could be made to accommodate the complainant, while not shutting this down due to zoning. Especially all the Snapps have done for our community for a long time, not to mention the revenue they've brought to the county.

    Sincerely,
    George Teets

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    Jeff Bridges over 2 years ago

    Going on record in support of West Oaks Farm Market
    Farms in our community will increasingly depend on Agritourism or entertainment farming.
    As labor and capital costs continue to escalate the only long term viable option for “family” farms is to diversify and embrace entertainment farming. This brings needed cash to the doorstep of the farm. The alternative is a loss of green space and more homes requiring more services . A space like WOFM cannot exist on produce sales alone.
    If my understanding is correct, the CUP was not necessary since this is an agribusiness.
    But WOFM did get one.
    It seems a few squeaky wheels are not liking the change. The only mechanism the county has is to get nitpicky in regards to the CUP. A shelter is there to protect customers from the elements. The outdoor tables are there for customers to sit and enjoy the atmosphere and food. If noise is the “real” issue. Then the complainants need to get testing done. My guess, this has already occurred and there is nothing exceeding the county ordinances.
    If the county decides to push the issue of a shelter and tables in regards to a CUP. Then they need to do the same over the entire county. Restaurants with outdoor seating, churches with shelters, wineries with shelters and tables, fire halls with shelters….wow, even Frederick county parks and recreation. If we’re going to get nitpicky, then it needs to be uniform.
    I have known the family for nearly 40 years. They are one of the back bone agricultural families in the area. They want and strive to be good neighbors.

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    Karen Weber over 2 years ago

    I would like to go on record as supporting West Oaks Farm Market as it is operating now. We are relatively new to the area and have found WOM to be quite an asset. They offer local foods and produce, provide community gathering spaces, exposure to a working farm and family friendly events. If there are issues, please consider compromises and mediation...if WOM left it would be a huge loss to the area. Thank you.

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    Stacie Haaga over 2 years ago

    As a former neighbor of WOM, I strongly support the Market’s ability to operate as it has been as an agri-tourist destination. As an outdoor venue, it has been a family-friendly refuge for many of us over the last 3 years and has offered my kids the opportunity to pick pumpkins, strawberries, flowers and to appreciate farming in our community. My kids have also enjoyed school field trips to the farm, each time learning something new. We have also purchased many local food products at the market from other local farms and businesses - as a member of the Small Business Freedom Alliance, I like to shop locally and WOM has been my source for produce, meat, local agriculture gifts and gift cards.

    West Oaks Market is a gem in our community and has given families a way to spend time with each other and friends while enjoying the green space the farm offers. Many kids experience “nature deficit” and too much time indoors, as there are very few parks in Frederick County. West oaks provides opportunity for all to get a little closer to nature and the community. Thank you, Snapp family!

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    Gary Krause over 2 years ago

    I support West Oak Farms as is.

    Given today's climate of uncertainty around the world, having a farm that is also a positive community gathering point is critical to local well being. We should enable this business and more like them to flourish. Local food is very important. It wasn't too long ago that our President was talking about food shortages being very real. To ignore this warning and crack down on small businesses providing local food is irresponsible and unpatriotic.

    Being praggamatic, if there is a legitimate noise complaint, I would urge those complaining to provide evidence of decible level testing done by a third-party at their home, or perhaps provide video footage at their home to demonstrate the excess noise.

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    Jesse Mueller over 2 years ago

    I am concerned about this whole ordeal. I've read that WOFM received a CUP in 2018, where they would not hold events over 275 people, and not build anything else without pursuing a new CUP. The complaining neighbors to WOFM seem to suggest that WOFM has gone against their CUP.

    Is a CUP like a contract? Did WOFM sign at the bottom, agreeing to abide by the CUP? Have they violated a contract with their signature at the bottom? I hope to get more info at this hearing.

    I also hear that the agritourism law may excuse WOFM's development. I want to hear more about that, but also worry about the precedent set, if WOFM's growth is allowed. If WOFM can build stages for 1000+ person concerts without county approval, what else will we see crop up in our rural zones? A waterpark? A gun range? A renaissance festival grounds? Those things could be amazing or detrimental, and I think some sort of government oversight is needed to protect our country way of life.

    All that said, I am open to learning more and having my mind changed. I hope to see and learn more at the hearing. I want to see this CUP. I want to be taught about the law. And ultimately, I hope you all can resolve things without making two large law firms very rich.

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    Stephanie Wallace over 2 years ago

    I support West Oaks operation as is. This was one of the first places that was recommended to me when I moved to the area and a place I enjoy visiting. Additionally, we should be supporting our local businesses and farmers - not shutting them down. Operations like this are what make this town.

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    Jeffrey Shiley over 2 years ago

    I support West Oaks Farm Market's operation as is. I live directly across from the stage at an angle where the building is not between my house and the stage. We live in a breezy, uninsulated, 100+ year old farmhouse and we do not hear music inside of our house. We have no noise or light complaints. This business is a good thing and provides our community good experiences. Rather than shut it down on technicalities, which is ultimately what this process will do, I urge you to work with the business to modify the paperwork so that this board can find them in compliance. Please look at the big picture. This is an agricultural business run by a family of farmers. They are a growing business and are providing positives to our community. They have to operate between myriad local, state, and federal policies and regulations. Rather than slap them down, help them continue to move forward.

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    Cary Nelson over 2 years ago

    West Oaks Farm Market and the Snapp family are valuable to our community as a successful agribusiness. Farming is hard and over the decades there are less and less farms in Frederick County. It is important for our community to have a mix of businesses which include farming. This type of business model should be applauded and supported by our local government.

    Please work with West Oaks Farm Market to support their appeal.

    Thank you for your consideration,
    Cary Nelson, member of the Small Business Freedom Alliance.