Court grants Lewis Farm use of farmworker dorm

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May 22, 2008

By KIM SMITH DEDAM The Press Republican Thu May 22, 2008, 12:00 AM EDT

ELIZABETHTOWN -- The Appellate Division of State Supreme Court has granted Lewis Family Farm Inc.'s motion to appeal an APA enforcement ruling on building-permit jurisdiction.

In March, the Adirondack Park Agency ordered the farm to pay a $50,000 fine and obtain permits for three farmworker houses that Salim B. "Sandy" and Barbara Lewis have had built on their 1,111-acre farm.

The APA also ruled that Lewis Family Farm Inc. could not use the buildings without a permit.

The matter went to State Supreme Court, with counterclaims filed by Attorney General Andrew Cuomo's office, representing the APA.

Lewis Family Farm requested a stay of APA enforcement decisions, and the Appellate Division has upheld that request, pending appeal.

The justices have also said the farm could occupy one of the farmworker houses, a "dormitory building," since it established that proper wastewater-treatment facilities are in place.

The move supersedes a previous decision by Acting Supreme Court Judge Richard Meyer setting "status quo" at the time of the APA's enforcement decision.

Meyer had ruled that the farm could not use the housing.

The appellate decision stands "pending appeal," which means the dormitory house can be used while the dispute moves through court.

The next step in the case will be a final ruling by Meyer.

The appeal was to litigate the stay.

Legal argument centers on permit jurisdiction for three farmworker houses built near the hamlet line in Whallonsburg, a short distance from a barn complex on the Lewis farm.

The Lewises and their attorney, John J. Privitera, maintain that the houses are "agricultural use" structures defined in New York's Right-to-Farm law and not subject to APA permit jurisdiction.

The APA maintains they are "single-family dwellings" using up three potential building rights on Resource Management lands.

The issue has been in dispute since construction began about 15 months ago with Town of Essex building permits in place.

According to court documents, each house is valued near $300,000.

kdedam@pressrepublican.com