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Updated: 9/18/2008 - 4:07 AM



Farm stand code passes; sewage requirements examined
Enforcing building codes and Goldsmith jetty also debated
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After more than two years of discussion and reworking, the Southold Town Board Tuesday night finally passed a revision to the farm stand code designed to make farm stands more economically viable.

Councilmen Tom Wickham and Albert Krupski Jr., both farmers, recused themselves from the vote as they had from all discussions of the issue, but the remaining Town Board members were unanimous in their approval.

The new code enables farmers to get a building permit for a stand provided the owner:

* Has at least seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products with average gross annual sales of $10,000 or more;

* Has seven acres or less, but average gross annual sales of $50,000 or more;

* Has an existing structure not meeting those standards that will be deemed a nonconforming use;

Farm stands won't require site plan approval if they don't exceed 3,000 square feet of floor space, are set back at least 50 feet from the roadway and provide at least four off-street parking spaces and adequate space that may be used for unimproved on-site parking equivalent to one parking space for each 200 square feet of retail sales area.

At least 60 percent of the gross dollar value of all items sold must be agricultural products grown by the farm stand operator within the town. Up to 40 percent of the gross dollar value of items may be agricultural products not produced by the stand operator; items manufactured or processed from products grown on the farm or by another farmer; clothing and apparel that promote the farm stand site or operator; and accessory items limited to those that complement the specific farm operation.

n Let there be light

While expressing concerns with the cost, Town Board members unanimously approved an agreement to issue and guarantee serial bonds in the amount of $199,800 to enable the Mattituck Park District to replace lights at Aldrich Field. Town taxpayers outside the park district will pay none of the cost, attorney Gail Wickham said. But because the park district hasn't the ability to authorize a bond, it needed the town to step into the breach, she said. The amount of the bond could be less if the district wins its bid for a $50,000 state grant for the project, Ms. Wickham said. Noting that park district voters approved the project in a referendum, she said the full cost is expected to include $39,000 from the district's operating fund and $100,000 from the town's recreation fund.

n Goldsmith jetty debate goes on

At Tuesday night's meeting, Peconic Shores resident Peter Terranova made a third appearance pleading with the board for a more informed plan before taking any action to shorten Goldsmith Inlet's jetty. He said the town's plan to keep the inlet open addresses only part of the problem -- it doesn't address the effect on Goldsmith Pond

He called the town's plan "a non-starter" and urged the board to get the DEC involved in drafting a new, more thoughtful plan that would be a "win-win" for everyone.

Earlier that day, in the work session with Chick Voorhis of Nelson, Pope & Voorhis Environmental Consultants, Southold Town Supervisor Scott Russell said people from Peconic Shores should have more time to express their concerns regarding the inlet. Councilman Tom Wickhman agreed that everyone should be brought up to date on an issue dating back to the mid-'90s, though he supports the shortening because he "doesn't see a lot of downside to it."

Jim McMahon, Southold Town's director of public works, said that Goldsmith Inlet, which has existed since the 1700s, is "very difficult to keep open," even with routine dredging. He said it wouldn't be wise to take action based on a modeling study on the inlet done by the Army Corps of Engineers around five years ago.

Councilman Bill Ruland made it clear that since he was ill during the time the board decided to shorten the jetty, he's not giving his support, even with funding ($800,000 from a state grant) in place to take action.

"I think it should be left the way it is," he said.

n Making Southold more compliant

Ed Forrester, Southold's director of code enforcement, will retire this November. Before hiring someone to fill his shoes, board members first discussed the nuts and bolts of -- and problems with -- his job during Tuesday's work session.

Mr. Russell said Southold's complaint-driven enforcement of building codes works, but not all the time and not for repeat offenders.

"How many times can you tell the same guy that they need to follow the rules?" he asked.

Mr. Forrester said that it's sometimes impossible to make someone comply with the code with the current system because builders often weave the fine into their cost of construction. Then, he said, what's done is done.

n Sewer talk

At Tuesday's work session, Councilman Wickham told town planner Heather Lanza that he'd like the town to be able to implement design requirements not only to a structure's size, height and road accessibility but also to their sewage systems.

He read from a letter written by Robert Farmer, associate public health engineer, supervisor of Suffolk County's Bureau of Drinking Water. The letter expressed concern about the large volume of sewage associated with proposed developments like the 139-unit Heritage at Cutchogue. Mr. Farmer wrote that his bureau was going to "evaluate the potential effects on both private and public water supply wells in the areas down-gradient from the proposed sewage to be discharged ..."

Mr. Wickham said that if the county is concerned about possible contamination to the water supply, the town certainly should be as well.

"These are great big houses," he said of the proposed development, which is age-restricted and therefore, according to county code, required to have a sewage system that handles 150 gallons per day instead of 300 gallons per day. "They should come in at the full standard."

He said the town should also ask the county to review their existing code regarding sewage, and that the board will work with Stony Brook's Long Island Ground Water Research Institute as part of the SEQRA process.

"We will require developers to engage the services of this research firm," Mr. Wickham said. "Let's put sewage as one of those important variables that need to be studied."

Julie Lane contributed to the reporting of this story.

eschultz@timesreview.com

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