03/07/14 7:00am
03/07/2014 7:00 AM

George Moravek directing the first rehearsal of the Jamesport Meeting House Chorus last Tuesday night. (Credit: Barbaraellen Koch)

AQUEBOGUE, JAMESPORT, & NORTHVILLE

I’m sure the Cassatt String Quartet at the Jamesport Meeting House was very well attended. I hope you had a chance to go and enjoy the first musical event of the 2014 season.  (more…)

02/16/14 12:02am
02/16/2014 12:02 AM
The Jamesport Meeting House. (Barbaraellen Koch file photo)

The Jamesport Meeting House. (Barbaraellen Koch file photo)

George Moravek will direct the brand-new Meeting House Chorus, which will rehearse at the Jamesport Meeting House beginning Tuesday, Feb. 25. Weekly rehearsals will be held from 6 to 7:15 p.m.; a concert, “Opening Night (A New Generation of Broadway),” is planned for May 10. (more…)

01/29/14 10:30am
01/29/2014 10:30 AM
FILE PHOTO | Town officials have said the digital sign at the Valero station in Jamesport violates historic district codes.

FILE PHOTO | The Zoning Board of Appeals adjourned its decision last week on the controversial Valero sign in Jamesport. Residents can share their thoughts Feb. 13.

The owners of a controversial illuminated sign at a Jamesport gas station will not get an answer yet from the Zoning Board of Appeals on whether the sign will be allowed, despite the fact that it’s already standing. (more…)

01/24/14 7:00am
01/24/2014 7:00 AM

BARBARAELLEN KOCH FILE PHOTO | Riverhead’s town code enforcement recently issued a notice of violation to Turtle Rescue of the Hamptons in Jamesport.

You don’t have to be a 5,000-square-foot farm market for Riverhead Town to cite you for violating town code. In fact, your main draw could be as small as a hummingbird or box turtle.

While Riverhead Town Board members recently split on their decision to take the owners of a Jamesport farm stand to court, Riverhead Town’s code enforcement unit recently issued notices of violation to The Baiting Hollow Hummingbird Sanctuary and Turtle Rescue of the Hamptons in Jamesport because neither operation is a permitted use under the zoning of the property where it’s located, according to Riverhead town attorney Bob Kozakiewicz, who is in charge of the code enforcement unit.

Supervisor Sean Walter said he couldn’t speak about specifics of the enforcement actions, but echoed Mr. Kozakiewicz’ sentiments.

“It’s not our intention to chase away the hummingbirds or the turtles. We just need people to come into compliance,” Mr. Walter said.

Mr. Kozakiewicz said the turtle rescue organization has been issued a summons in town Justice Court because it is not a permitted use in the Agriculture Protection Zone in which it’s located.

As for the hummingbird sanctuary, Mr. Kozakiewicz said a notice of violation was issued in order to cover the town in the event neighbors of the sanctuary filed a lawsuit, which they have since done.

The notice of violation states that operation of a hummingbird sanctuary that is open to the public is a prohibited use, and that continuing that use would require a variance from the Zoning Board of Appeals as well as site plan approval from the Planning Board. It further states that if no remedy to the violation is made before Jan. 18, the town may follow through with legal action, though Mr. Kozakiewicz said he does not intend to and the town has not issued a summons to the hummingbird sanctuary.

Councilwoman Jodi Giglio said she was surprised to hear that the town had taken any action at all against the organizations.

“Are you kidding me?” she said when told of the enforcement actions. “We have overcrowded houses all throughout this town and code enforcement is writing tickets to the hummingbird guy?”

Ms. Giglio said she was unaware of the notices issued to the Baiting Hollow Hummingbird Sanctuary, run by Paul Adams on his property on Sound Avenue, and Turtle Rescue of the Hamptons, run by Karen Testa Lombardo from a home on Manor Lane in Jamesport.

Mr. Adams has run the sanctuary for more than a dozen years at his Sound Avenue property , which overlooks Long Island Sound and where he has planted flowers that attract hummingbirds. The sanctuary is open to the public only during the month of August and, according to the orgnization’s website, does not accept donations or an admission fee. Mr. Adams requires visitors to sign a waiver.

Nonetheless, a group of neighbors living along the road leading to the property have recently filed a lawsuit against Mr. Adams and the hummingbird sanctuary.

The lawsuit was filed by Frederick and Debra Terry, Kamal and Sabita Bherwani, and Shawn Hamilton against Paul and Rafael Adams.

Mr. Adams said they are seeking to have the sanctuary closed and they are seeking $3 million in damages. The lawsuit, filed Dec. 23, was not on file at the county center as of Tuesday morning, except for the summary page identifying the litigants. Anthony Tohill, the plaintiffs’ attorney, did not return a call seeking comment and Mr. Terry could not be reached for comment by presstime.

Mr. Adams said the lawsuit raises two key questions: “Does the town code permit me to maintain my property in a natural state as a bird sanctuary? And does the code permit me to receive invited visitors at my residence there, via the established, deeded and surveyed right of way from Sound Avenue?”

He believes the answer to both questions is yes.

As for the turtle rescue, Charles Cuddy, the attorney for Ms. Lombardo, said she brings turtles to the site that have been injured and need to be rehabilitated. She is a licensed wildlife rehabilitator and her work is recognized and endorsed by the state, Mr. Cuddy said, adding that she does all the work as a volunteer and receives no money for it.

There are usually about a dozen turtles on the property at any one time, he said, and she has other volunteers who help.

When a report of an injured turtle comes in, Ms. Lombardo goes out and brings it back to the Manor Lane house.

“The rehabilitation consists of medicating the turtles. It doesn’t consist of her conducting any surgery,” Mr. Cuddy said at a June 27 town Zoning Board of Appeals hearing on the turtle rescue operation. Turtles that need surgery are taken to a veterinarian, he said.

“She keeps turtles that are essentially without any odor, without any noise. They don’t do anything to the neighborhood,” Mr. Cuddy said. “They are without any impact that I can see, and I’ve been there many times.”

Mr. Cuddy said there are many wildlife rehabilitators in the state and many of them operate out of homes.

The turtle rescue had gone before the town Zoning Board of Appeals last year seeking an interpretation as to whether a such an operation can be considered an accessory use.

There was one hearing, during which no one raised any opposition to the operation, and the ZBA application was withdrawn a few weeks later. ZBA members had indicated they wanted to inspect the facility.

Mr. Cuddy said it was withdrawn because one ZBA member, whom he didn’t identify, had indicated that he or she would not support the application.

Mr. Kozakiewicz said he is not aware of any complaints from neighbors about the turtle rescue operation. Mr. Cuddy said one person has complained about it.

The Justice Court case against the turtle rescue is still pending, Mr. Kozakiewicz said.

tgannon@timesreview.com

01/06/14 8:00am
01/06/2014 8:00 AM
BARBARAELLEN KOCH FILE PHOTO | The Jamesport Meeting House,

BARBARAELLEN KOCH FILE PHOTO | The Jamesport Meeting House,

Leaders of the Jamesport Meeting House stated its next top priority to restore the historic Main Road building, as the organization hopes to tackle the lecture room wing, “which sorely needs rejuvenation.”

Richard Wines, president of the nonprofit overseeing the restoration, said at the end of last year that the wing on the east side of the building — added in 1898 to the original structure, which went up in 1731 — has interior work that needs to be done namely on the ceiling and floor. Falling and frayed tiles are at the top of the room, while frayed carpets are at the bottom.

“Our goal is to make this room as beautiful as the rest of the building,” he said, adding that over the past year, the yard was re-graded and re-seeded, and an irrigation system was installed.  Mike Hubbard also made a number of improvements to update an electrical system that dates to the 1920s.

Jamesport Meeting House Preservation Trust, according to its website, aims to “keep the Meeting House in community hands and once again make it available for community use.”

The Meeting House is the East End’s oldest religious structure and the oldest building in Riverhead, according to a history written by Mr. Wines, who is also the chairman of the town’s Landmarks Preservation Commission.

01/01/14 5:00pm
01/01/2014 5:00 PM
BARBARAELLEN KOCH PHOTO | The Glass Greenhouse Farm Market on Main Road in Jamesport opened to the public in October.

BARBARAELLEN KOCH PHOTO | The Glass Greenhouse Farm Market on Main Road in Jamesport opened to the public in October.

What is a farm stand? It’s such a simple question, yet one loaded with meaning and innuendo. After asking five people (including farmers) and getting five different answers, I thought it best to consult an authoritative source: Agriculture & Markets, the agency that regulates and protects the activities of farmers statewide. What I found was surprising.

A definition of “farm market” is easy to locate, and it’s just as easy to see it doesn’t apply to the business Save Main Road has been asked to comment on: The Glass Greenhouse Farm Market. A “farm market” in New York showcases and sells goods from two or more farmers. Such a market is also typically located on municipal land. When a dozen growers gather in the parking lot along the river downtown to sell their produce to the public, that’s a “farm market.” The Glass Greenhouse store, in our opinion, is not.

About “farm stands,” Ag & Markets has nothing to say. Literally. They have no rules and no policy that define or govern retail operations conducted by a single farm on its own land. When I spoke to an Ag & Markets official to confirm what their law seemed to indicate, she confirmed they defer to town code on this issue.

Riverhead code says little. A paragraph tucked into zoning law restricts farm retailing by what’s called merchandising area: at least 60 percent of the space must be devoted to selling goods grown on the farm where the stand is located. Save Main Road thinks neighboring Southold’s code, which goes into far greater detail on this point, has much to offer; we plan to work with Riverhead officials to improve our code.

Still, the letter and spirit of existing Riverhead farm stand code can be applied in this situation.

Two things concern us: what the law says and the intent of the owner.

THE LAW

Letters in our possession from Ag and Markets suggest Glass Greenhouse owners asked the agency to intercede with the town so they could bypass the site planning and permitting process. (We think that’s how the market got built.) While FOIL research is underway, it’s already clear Ag & Markets argued strongly that routine application of town rules and procedures would “unreasonably restrict the farm operation.” We take issue with this interpretation.

One reason we’re concerned is that Ag & Markets alternates between calling the new Glass Greenhouse operation a “farm stand” and a “farm market” in ways we think facile and inappropriate. The agency shouldn’t say it’s a “proposed farm market” when, by their own definition, it’s not. The requirement that produce from multiple New York farms be presented appears absolute. (Packaged Arizona tomatoes we saw on display don’t count, nor does other imported produce.) We haven’t heard Glass Greenhouse mention the involvement of any other farms.

Additionally, state law heavily emphasizes the public, not private, nature of these markets. An example is that Ag & Markets may provide technical assistance for developing and improving farmers’ markets only to public and private “agencies,” not to individual farmers.

Ag & Markets relied on the only definition of “farm market” in Riverhead town code 108-56, which deals with signs, despite the fact that the definition is “as used in this section,” meaning it applies only to signs.

We think Ag & Markets’ reasoning is similarly weak throughout the documents.

We’re much more disturbed that Ag & Markets failed even to mention the “60 percent rule.” That rule is the clearest statement of purpose in current Riverhead code as to what farm stands may sell, and it appears to have been wholly disregarded.

To apply the rule, look at the store’s “merchandising area” only. For discussion, disregard the entire bakery (which we think is inappropriate and not allowed in a farm stand, and which appears to comprise 20 percent or more of the structure). We believe even a casual observer would conclude the total amount of farm produce offered in the new Glass Greenhouse retail space falls far short of the 60 percent threshold.

OWNER’S INTENT

According to Ag & Markets, the Glass Greenhouse says they need the new facility to provide cooler space to market produce and additionally to sell fresh honey, eggs and free-range chickens. If that were all the new facility sold, there would be no issues.

Walking through as a consumer, I saw a gelato counter 12 feet long (all estimates by my eye), a cheese counter almost as big, 10 feet of candles, 20 feet of displayed bakery goods and rack after rack of manufactured foods and household items from a dozen or more states. My guess is that all actual produce displayed totaled well under 20 percent of the floor area (excluding bakery production).

The new “stand” is 4,500 square feet. We know a local farmer who raises 1,000 laying chickens and sells their eggs — together with other farm produce — in a farm stand of 150 square feet. We’d be surprised if there are enough chickens, eggs and honey in all of Riverhead to make a dent in a 4,500-square-foot farm stand.

Save Main Road doubts that a farm stand of this size, however attractive and well-built, can be profitable if 60 percent of its retail area displays the off-season greenhouse products, chickens, eggs and honey that Ag & Markets claims are the intended items for sale. That said, if and when the owner achieves that critical measure of content, it should be allowed to operate.

Today, it seems to us an ersatz market, a “farm stand” in name only. We don’t think an upscale deli belongs in the Rural Corridor, and we support the town in its opposition.

My favorite North Fork slogan is: “We have the right to remain rural.” Save Main Road is committed to helping farms and farmers, and we enthusiastically support “real” farm stands. This one doesn’t qualify.

Larry Simms owns a home in South Jamesport and is a director of savemainroad.org, an advocacy group dedicated to preserving the character of the Main Road corridor and surrounding areas.

He also serves on the town’s Code Revision committee.