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This is a rather long tale, but one worth listening to.
We have lived in the East Setauket Historic District in a 250 year old house for 27 years. It is in an A-1 Residence District, and was surrounded by similar historic homes. In 2017, the property that abuts ours to the east was purchased. It is a one acre parcel of two homes, in an L shape that borders our property to the east and south, and then the southern part of our western neighbors yard. The new homeowner cleared all the woods and trees, brought in about 400 yards of fill and raised the grade about five feet directly behind us. This past September, he had three shipping containers craned in that now grace our rear yard and that of our neighbors. They now dominate the landscape anywhere you are in our yards. He told us he is farming, and pursuant to the Farmers Bill of Rights, is not subject to any local codes or ordinances. He put in water lines and electrical connections, but to date, no CO's or inspections have been done. When we asked our "farmer" neighbor about his plans, he was annoyed and stated that we were lucky he didn't just stack the containers on top of each other, as was his "right". We scoffed at what we thought was just petulant bluster, but turns out he may be right.
We then contacted the Town of Brookhaven. They confirmed that farming permits him wide latitude. Any accessory structure that is dedicated to farming is basically unregulated. No set back requirements from property lines, no oversight by the Historic Commission, and he does not need CO's. Virtually no oversight or regulation so long as he claims to be farming. According to Town, all of this is permitted as his shipping containers constitute farm outbuildings. We are currently in the process of filing suit to compel the Town to enforce its Neighborhood Preservation standards, and to dispute the inclusion of shipping containers as essential farm equipment, as is does not conform to the specifically stated "open farming' that is permitted within our A1 Residence District.
We have since learned that the neighboring "farm" has applied and been approved for a hemp license through the New York State Pilot program. He is also applying for inclusion in rezoning his property as part of a newly formed agricultural district. The Suffolk County Legislature will hold the first of the many hearings pertaining to this new Agricultural Zone on April 22, 2021. This may seem insignificant, but it would give him greater freedom to expand his farming operations, adding as many outbuildings that would not be subject to any local codes as his would be a legitimate farm on 1 acre. Once he receives this amended zoning, he will have sweeping rights to engage in various activities not permitted in a residential district, such as the administration of pesticides/herbicides, construction of further outbuildings connected to farming operations, lifting of noise restrictions from heavy farm equipment operation and expansion of the hours and days such noise and activity can occur.
If this new zoning should be approved, any homeowner who chooses to engage in "farming" on less than 7 acres (the erstwhile requirement) now may pursue such an endeavor in any A 1 Residential District within the Town of Brookhaven. We urge any homeowner in the Town of Brookhaven to contact your local council person, Suffolk County Legislator, Town Supervisor Ed Romaine, or your village/local civic association to discuss these potential zoning changes..
That's quite terrifying and interesting at the same time!
Since you can't control what he's doing on his land, you may need to get started on some privacy plantings right away.
It may be worth asking him to pitch in on any trees to border the property.
Your options are to put in some privacy plantings or don't look at it. "I don't like it" has never been a legal argument to refuse as-of-right property use. If the Town does try to take action, they'll be the latest in a long line of municipalities settling lawsuits against property owners for similar overreach. If anything, you may be funding his future operations with everyone's tax money.
This is my first post on this website, having just joined yesterday. Wouldn't your question be better answered by contacting the poster you referenced?
This is my first post on this website, having just joined yesterday. Wouldn't your question be better answered by contacting the poster you referenced?
The probable reason for her name change would have been a forgotten password, hence the name change...which would have precluded my ability to DM her. Good luck with your little problem. I can see how you easily make friends and influence people.
Ha ha, now the nimby's are anti-farm, too. Guy is smart enough to develop a working hemp farm including licensing for future industries? Sharp cookie. Proves it doesn't matter whether a farm, group home, Walgreens, ski park, bodega, Amazon warehouse or casino...the nimbies will find a way to cry and complain.
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