The Riverhead Town Board voted Tuesday to settle a lawsuit it brought against the owners of the Glass Greenhouse in Jamesport in 2014.
The town claimed that the business did not comply with the town requirement that 60 percent of the items sold must be grown on site. The “60-40” law states no more than 40 percent of the items being sold can be “regionally grown or enhanced agriculture.” Town code defines regionally grown as “grown on a farm located with the State of New York and/or within a radius of 250 miles of the farm.”
Glass Greenhouse owner and operator Walter Gabrielsen said at a hearing earlier this year that he has lived in Jamesport for 50 years and his family has farmed crops and greenhouse flowers for more than 100 years in Jamesport. He has farmed this particular property — on the north side of the Main Road — for 18 years, and has had the farm market for six years.
His attorney Jaret Weber previously said his client is complying with the 60-40 requirement.
Town Attorney Bob Kozakiewicz said the settlement requires Mr. Gabrielsen to pay the town’s legal fees associated with the case. Mr. Gabrielsen is also agreeing to be monitored by the town for compliance with the 60-40 law and is also agreeing that the town can request to see their books and inspect the premises, Mr. Kozakiewicz said.
Glass Greenhouse currently has a pending special permit application to allow a bistro, which will exist along with the farm market. The settlement doesn’t pertain to bistro application, Ms. Kozakiewicz said.