Proposed Law Will Streamline Planning Process for Farmers

An amendment to town code that some town officials said would streamline the planning process for farmers received comments on both sides at a public hearing at the East Hampton Town Board meeting on Thursday night.

The amendment will allow administrative site plan review for active farms, and according to the legislation, it addresses, “the need to set forth a streamlined site plan process which will respond to the farmers.”

Councilwoman Theresa Quigley said she proposed the amendment after a farmer attempted to put a temporary hoop house, necessary for long season farming, and got stuck in the planning process. She said the farming community came to the board to explain how these regulations impede their business.

According to Quigley, the law does not change what structures can be built, excluding the increased size allowed for a farm stand, but addresses the process—making it easier and quicker for farmers to put up a structure.

The law has some worried about conservation. Bonnie Bistrian Krupinski, who comes from a farming family, argued against the amendment. “We are taking agricultural land and turning it commercial—the idea was open space. All the fields on my family's farms are open.”

Herb Strobel said, “Town residents need to make a decision if they want to truly preserve agriculture in East Hampton or they simply want to preserve open space.”

Others claimed the amendment is necessary to keep farmers in business in the area. Joe Gergela of Manorville, who is the executive director of the Long Island Farm Bureau, told the board,  “We would like to streamline the process to save people money. It gets expensive for farmers and they are preserving the land for free.”

Alex Balsam, an owner of Balsam Farms in Amagansett who has spoken to the town board about the legislation, said that the current code is illegal under New York State Agricultural and Markets Law, which he said protects farmers in agricultural districts against local laws that unreasonably restrict farm operations.

“We are trying to take the town code and conform to what the New York Ag and Markets law is," he said.

He tried to assuage the concerns that some could take advantage of the new regulations. He said the new code has restrictions that qualify who can benefit: The building must be for agricultural use, the farmer must have at least two years of experience and two acres of farm property.

But Jennifer Diauria said she was worried that streamlining the process will allow for, “putting things up around the community without” addressing what a building or structure looks like."

Diauria specifically expressed her disdain for a refrigeration system put up outside the Balsam Farms stand in Amagansett. She said if there was more regulation, “someone from the architectural review board would say ‘Hey you could put it in the back of the building'.”

Later on in the meeting, Ian Piedmont, part-owner of Balsam Farms, addressed her complaint, saying they did try to make it as discreet as possible.

Some supported the amendment, but believed it needed slight changes. Sylvia Overby, the former East Hampton Town Planning Board chairwoman who was not reappointed to the board this year, said, “I believe this legislation with changes is right for East Hampton.”

Richard Whalen said he found some of the wording misleading and that the 15 days building inspectors have to look over site plans is too short.

No decision was made because, town attorney John Jilnicki said, the notice for the public hearing had not been in enough time. The hearing was left open until March 3.