CORTLANDT MANOR, N.Y. -- A controversial piece of land on Croton Avenue could be rezoned as an agricultural district by Westchester County, making the location a legal piece of farmland. The 6.3 acre plot of land, owned by Daniel Muro, is located at 456 Croton Ave., and is adjacent to the Hemlock Hills Farm.
According to Muro, he sells eggs, produce and landscaping plants out of his property, to a number of local co-ops and private patrons. Agricultural districts are privy to a number of advantages over residentially zoned properties, including tax breaks and protection from the Department of Agriculture and Markets, which has the authority to intervene when local governments enact laws that unreasonably regulate farm operations in agricultural districts. The authority of the Westchester County Legislature would supersede the authority of the Town of Cortlandt.
Neighbors adjacent to the property are upset at what they say has been a series of code violations, and construction equipment being stored on the property. Dump trucks and backhoes are visible on the property. Muro has been in court with the Town of Cortlandt for some months now for alleged code violations including the number of small animals kept on the property.
Tara Kouril, and her husband Kevin Kouril, have been fighting against the licensing of the location as an agricultural district for over one year, saying, We bought property in a residential neighborhood, surrounded by residences.
Ken Hoch, of the Code Enforcement division of the Town of Cortlandt confirmed that Muros property is zoned strictly residential, and that the town believes he is not allowed to operate any commercial enterprise out of the location. Hoch said the Muro is currently being charged, but has not yet been convicted with, creating a contractor yard in a residential zone, exceeding the maximum number of small animals and building an addition to accessory structure without a building permit.
Although Muro would not disclose the exact number of chickens he is keeping on his property, he said, Weve had hundreds of chicken for years on the property, and we continue to have hundreds of chickens. Muro also said he has three coops on the property, which are capable of housing roughly about 500 chickens in each. Muro says he has owned the property for over 10 years now, and that he has continuously had chickens on the property for all of those 10 years.
According to the Town of Cortlandt, a resident may only have up to 24 small animals, such as chickens and rabbits, and four large animals, such as hogs or cattle, on a property between four and 10 acres.
Town of Cortlandt Supervisor, Linda Puglisi, said that she supports farms, such as the Hemlock Hills Farm which has been there for five decades, and that recently entered into a conservation easement, essentially selling the development rights to much of the farms property, but that Muros farm is in the middle of a residential neighborhood.
The Agriculture and Farmland Protection Board said in the minutes of their April 7, 2011 meeting that it believes that additional information concerning the operation and both existing and proposed gross sales from the operation is needed before allowing the farm to be included in the district.
A public hearing on the matter will be held on August 8 at 10 a.m. at the Westchester Center on Martine Avenue, White Plains.
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