Wedding On Tree Farm Gets Green Light, Neighbor Speaks Out

SOUTHOLD, NY — Despite the concerns of a neighbor irate about noise and other quality of life concerns, the Southold town board voted Tuesday to grant an appeal for a special events permit that will allow a wedding on a tree farm.

A public hearing was held at Tuesday's town board meeting regarding a wedding proposed for September 30 at the Old Town Farm, known as Darts Tree Farm, located on Main Bayview Road in Southold. The town's zoning board of appeals initially denied the special events application on June 23 — but voted unanimously to approve the permit, with stipulations, at Tuesday night's meeting.

One neighbor took to the podium, stating that she is a neighbor of the tree farm and originally purchased her home because it was "scenic." About a year ago, she said, Dart came to her and said he wanted to clear trees and hold special events.

"We objected from the the first moment that we heard the idea," she said, citing concerns such as noise and property values.

At the one wedding already held on the property, the woman said the music was loud, her "floors bouncing up and down. I'm not happy. We bought this house so we can peacefully enjoy it."

She alleged that wedding guests were drinking and using her property instead of a toilet.

"Would he want this in his own backyard?" she asked.

Dart said the farm has been in his family for more than 100 years and continues to be "idyllic, peaceful and beautiful. Even more so than ever before. I know nothing about what she speaks — raucous behavior. This was a peaceful, fairy tale type of wedding reception." Guests were respectful and music was done by 10:30 p.m., Dart said.

Southold Town Supervisor Scot Russell asked Dart how many acres his parcel is; Dart responded that it's 17.54 acres, with an exemption on perhaps 12 of those acres.

Russell explained after the meeting that an individual setting up a portion of their farm as a site to regularly host special events wouldn't be able to get an exemption on the land.

"Special events are supposed to be a means of selling your product. The income is supposed to come from those sales. Some are charging fees just to be a host site for an event. I do not believe that was the intent of our code and I do not believe that is consistent with state law," he said.

Special event uses, Russell told Dart, are not allowed for long-term purpose on land that has an agricultural exemption; regular use of farmland for special events would disqualify an individual for exemption.

Dart said town assessors came around this year and took a portion of his land out of ag exemption.

Councilwoman Jill Doherty asked about when the music ended and then suggested Dart might erect temporary fencing so guests don't tread on neighbors' property to use the bathroom or smoke.

"That's not happening," Dart said, adding that the woman's property is completely screened by trees. And, too, he said, elegant portable bathrooms had been set up at the wedding. "You wouldn't want to go outside," he said. He added he could set up such a fence.

The bottom line, Dart said, was that the farm was adapting to shifting needs in order to survive. "Things are changing. Look, things have to change from time to time in every form of agriculture. Things change, need re-sculpting and reshaping."

Russell maintained that the point of zoning was so use did not change without a change in zoning.

Dart added that customers have suggested he find a way to share the beauty of his parcel with others. "Someone said I should have a ticket booth out front. I invite all of you to come see it; it's breathtaking."

Dart added that his neighbor isn't even out at her home that often.

Councilman Jim Dinizio addressed parking and then, Doherty asked about amplified music.

Dart said the music would amplified but that the speakers would be turned down and away from neighbors.

"I don't like to have to come in here and face concerns from neighbors," Dart said.

He added that he's a third generation farmer; his grandparents bought the land at the turn of the century and when they retired, they sold off half; his parents continued and later sold half of the remaining parcel.

"I'm left with a little piece," he said, adding that he's doing what he can to preserve what's left of the legacy, growing Christmas trees and container-grown nursery pants.

"I'm trying to keep it all going," he said. "I just love my farm and my family heritage and I'm doing everything I can to keep it afloat. People who come to visit are taken aback that something this pure and beautiful is still in existence — and we're doing it all by hand."

Some buildings date back to 1753, he said, and antique farm equipment is still on display.

Dinizo asked if the music could be inside; Dart said no but said he could remind guests to be respectful. "I don't want the raucousness that exists at other places, or alcohol driven events. This is low key and natural. It's a wedding for a local family who have been our employees. It's practically family."

Dinizio reminded that for a special event to be granted, a nexus between the products grown on-site and the marketing of those products needed to be demonstrated.

Dart said wedding guests would receive young trees, wrapped in burlap bags, as a wedding favor, "better than a bottle of wine or soap."

Dinizio then asked if Dart would tell guests to leave by 10 p.m.

"We'd all have to live with it," Dart said, adding that it's not his wedding. Russell said as the property owner applying for the special permit, the onus was on him.

Dart said again that the neighbor in question was rarely home. Councilman Bill Ruland said he was looking at it from the wrong perspective. "In the symbol of justice, the lady is blindfolded. Our concern is the neighborhood, as well as for you and your operation."

Russell told Dart the special events legislation was created as a means for someone to market their crops. "What's happening is people are using special events as a mean to generate income," not marketing products, he said.

The supervisor said moving ahead, the board has to sit down and re-examine the special events legislation, whose purpose wasn't "to create a venue" but instead, to demonstrate a direct link between growing and selling.

He suggested the town has the right to put standards in place to ensure a person's income from an event doesn't exceed a certain percentage of sales, as per New York State ag and market statute.

Dinizio said at the previous event at the tree farm, three other residents complained about "excessive loud music" but Dart said he'd received no citations.

Russell said special events are excluded from the town's noise code but that needed to be addressed, too.

When asked how many special events he'd like to have per year, Dart responded, "I don't want to let it get run away," and said he'd like to address them one at a time.

His neighbor said the police were called during the first event and said he was "going out to wedding planners to advertise" his property — and that her fear was that special events on the property could become a regular occurrence. "My impression is not 'one at a time.' My impression is two a weekend," she said.

The board voted unanimously to approve the special event permit with stipulations, including that Dart provide proof that 100 juvenile, living trees were sold, noise emanating was in compliance with town code, there would be no amplified music after 10 p.m., and that access from Willow Pond would be for emergency vehicles only.

Looking ahead, Russell said he wants the town board sit down and "close loopholes" in the special events legislation.