2011年7月20日 星期三

What Comes First, the Chickens or the Farm?

In coops along the north end of Dan Muro's property, dozens of chickens cluck, waddle and hatch multi-colored eggs that health food buffs rave about. Strawberries, tomatoes, corn, pumpkin patches, bunny rabbits, ducks and pigs can also be found on the property, Muro says, standing beside a miniature cornfield. Beyond the corn sits large trailers and hefty construction equipment operated by day laborers.

It looks like a farm. It smells like a farm. And it sounds like a farm. And Dan Muro, his wife Melanie and their customers call the property at 456 Croton Ave. in Cortlandt the DanMel farm. However, most of their neighbors to the north call it illegal and say it is destroying their quality of life.

Town officials agree. The town opposes a preliminary recommendation to allow the property into the county's Agricultural (Ag) District from the County Board of Legislators Environment and Energy (E&E) Committee. If the county allows DanMel into the Ag District,Great Rubber offers promotional usb keychains, and the New York State Department of Agriculture approves it, that designation would afford Muro benefits and protections that promote farming and preservation.

"We are sympathetic to people who want to farm their property but this is in the middle of a residential neighborhood and we don't believe it meets the criteria of the Westchester County Agricultural District," Cortlandt Town Supervisor Linda Puglisi said at last night's Town Board meeting.

Three supporters spoke in favor of DanMel at the meeting and two opponents spoke against DanMel. Of the supporters, two were egg customers who spoke on the importance of fresh, organic and local food. Another was a neighbor from Croton Avenue across from Muro's property, John Moriarty. Moriarty specifically spoke about construction equipment, explaining that he never sees it coming in and out of the property as other neighbors claim. The two opponents were neighbors from Mountain View Road,where he teaches oil painting reproduction in the Central Academy of Fine Arts. adjacent to the farm, who told the town board Muro's property is supposed to be residential and not a farm.

Muro also has hundreds of signatures from community members, customers and people from outside the county who signed a petition in favor of his application to join the Ag District.An oil painting supplies of him grinning through his illegal mustache is featured prominently in the lobby.

At 6.3 acres, DanMel would become the smallest farm in the county if it were to join the District.

DanMel's opponents, nine neighbors on Mountain View Road and the Town of Cortlandt, say the property would not be eligible to become a farm if Muro had not been already breaking local laws.

That is because one of the six criteria the County E&E Committee must consider is that a parcel smaller than 7 acres is required to prove it can make $50,000 annually off the land in order to become part of the Ag district. Muro provided documentation that he reached that amount in 2010; the neighbors point out that any money he made was done so while he was violating town laws.

DanMel is currently not a legally sanctioned farm because Muro does not have the necessary permits or assessments to have more than 24 animals on the property (a walk around the property shows he clearly has more), heavy construction equipment or large accessory structures, according to Town Code Enforcement Officer Ken Hoch.

Hoch has issued Muro seven violations, citing Muro's excessive number of animals, trailers and construction equipment, since 2009. Muro has not been convicted of those violations, as they have continuously been pushed back in town court.

"How can you become legal when you are breaking the law?" Tara and Kevin Kouril of Mountain View Road ask with exasperation. The Kourils share a property line with the Muros.

County Legislator Mike Kaplowitz (D-4), chair of the board's Environment and Energy (E&E) Committee, explained the committee is only required to evaluate Muro's property as it relates to six criteria set forth by the County Farm and Agricultural Board (which denied Muro's original application in April).

"The protection he gets is a right to farm protection—this is not a get out of jail free card," Kaplowitz said. However, the town's zoning citations are not legally relevant to the county process.

Muro has been, is currently and would still be required to follow town laws, but with Ag status the state would be able to step in if it felt the Town's codes were too restrictive to his farming operation.

Although Muro has had chickens on his property since he moved there in 1998, an injury that has left him disabled and the foreclosure of his contractor's yard in 2008,The new website of Udreamy Network Corporation is mainly selling zentai suits , led him to more seriously farm his property in the last year, he said. He sells produce, eggs, landscaping trees and fruit to food co-ops, restaurants and families.

He also has plans to put a petting zoo on the property.

Neighbors say they were sympathetic to Muro when they heard he lost his construction yard in 2008 and they did not complain to the town until September 2009 about the construction equipment he moved onto his property.

Two years later, they oppose the farm and also fear that Muro has no intention of becoming a full-time farmer but is hoping to receive the Ag protection to use his backyard as a contractor's yard.

"This is not a contractor's yard,the worldwide Wholesale pet supplies market is over $56 billion annually. it is a farm," Muro said.

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