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Town’s Farmland Protection Effort Upheld DECEMBER 10, 2007, SHIRLEY, NEW YORK – Brookhaven Town Supervisor Brian X. Foley has announced that the state’s Appellate Division, Second Department has affirmed the Town’s decision to use its eminent domain power to acquire a key 39.1-acre Manorville farm in the middle of the Manorville Farmland Protection Area. The developer, who intended to pursue a residential subdivision on the farmland property, challenged the Town’s decision to condemn the property in the state’s Appellate Division, Second Department. The Appellate Division issued a decision Wednesday, December 5 that affirmed the town’s decision as a correct use of the powers of eminent domain. “I welcome the affirmation of our groundbreaking decision to preserve this key farmland parcel,” said Supervisor Foley. “Using a municipality’s eminent domain power is always a last resort, but we felt it was justified in a critically important case like this one. “This parcel is centrally located in the Manorville Farmland Protection Area and has been farmed continuously for more than 100 years. Preserving this farm was a centerpiece of our efforts to preserve farming as a viable industry in our Town, and it has the added benefit of protecting agricultural soils and maintaining the rural character of the area.” “The decision by the Appellate Division regarding Aspen Creek (a/k/a the Robinson/Plisko) property reaffirms the significance of this historic parcel not just to our well established farming and agricultural community in Manorville, but equally to the centuries of history captured on the parcel and its buildings,” said Councilwoman Carol Bissonette. “Resting within the Manorville Farmland Protection Area, this property connects us to our past, present and the future of residents and the farming community. The Town clearly understands and embraces its significance and the public benefit inherent to the property. “I am delighted that the Appellate Division majority decision reaffirmed the Town’s decision to preserve this key piece in our efforts to have continuity of business, culture and history as part of the 500-acres of contiguous farmland remaining in Manorville.” In their decision, Justices Gabriel M. Krausman, Stephen G. Crane and Steve W. Fisher stated: “We believe that the record fully supports the Town's decision to condemn the property for a public purpose as part of its continuing efforts to preserve the rural character of the Manorville Farmland Protection Area and ensure that the historical use of the land is not extinguished by development. Accordingly, we confirm the determination acquiring the property by condemnation.” They further stated: “We believe that it is clear…that the Town's stated reasons for acquiring the property—preserving farmland and maintaining open space and scenic vistas—are all legitimate public purposes.” Acquisition of the tract will achieve a number of important public benefits and purposes, according to Supervisor Foley. These include: Ensuring the preservation of the open, scenic quality and vista of the subject property, surrounding farm properties, and the Manorville Farm Protection Area generally. Helping to maintain the rural and bucolic character of the property, surrounding properties and the Manorville Farm Protection Area. Ensuring the continued agricultural viability of the property by making available fresh, locally-grown fruits and vegetables to residents and nearby communities. Preventing fragmentation of this important contiguous farmland block thus preventing user conflicts between homeowners and adjacent farming operations. Helping to preserve the economic value that agriculture provides to the Town’s economy. Ensuring the protection of nearly 39 acres of prime agricultural soils. The farm property, generally rectangular in shape, is situated in the eastern section of the MFPA with about 570 feet of frontage along South Street. The western boundary of the subject property is approximately 600 feet east of the South Street and Wading River Road intersection. The property has a long history of agricultural use and appears to have been continuously farmed for more than a century. Hay farming occurred in the late 1800’s and through the 20th century the property was used for growing strawberries, corn, potatoes, cauliflower, string beans, and pumpkins. Farming occurred on the t property until 2004. A historically significant farm house, the Robinson House, exists on the property. The structure, circa pre-1858, and associated out-buildings (corn crib and milk house), have been recommended for town landmark designation by the Town’s Historic District Advisory Committee. The Committee believes the structures make a significant and distinct contribution to the Manorville community and that landmark designation would reinforce and reflect the agrarian character of the property. The Town of Brookhaven Open Space Committee in 2003 approved the protection of all the properties that collectively comprise the MFPA. The parcel is situated within the Compatible Growth Area of the Central Pine Barrens. The Town of Brookhaven and Suffolk County have made significant progress in protecting farmland and other properties in the MFPA. To date, the County and Town have preserved approximately 151 acres of farmland involving six properties: Zeh Farm, 19.95 acres; Hoshyla Farm, 45.63 acres, immediately east of the subject property; Dosiak Farm, 24.7 acres; and the Gentry Horse Farm, 23.10 acres; the 7-acre Small property adjacent to the Aspen Creek parcel at a cost of $500,000; and the development rights of a 30-acre farm for $2,025,000. The collective cost for these purchases has been $10,795,000 in town and county funds. The County already owns a 21-acre wooded site to the north of the subject property and the Town recently preserved a 4.7-acre wooded site in the western edge of the MFPA (MKM Development Corp) at a cost of $450,000. Additionally, the County and Town are currently appraising four other properties totaling about 90 acres. Office of the Supervisor One Independence Hill • Farmingville • NY 11738 • Phone (631) 451-6955 • Fax (631) 451-6677
Posted on Tuesday, December 11, 2007 (Archive on Wednesday, April 09, 2008)
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