See also >> Part I: Fighting for the right to farm: Back Hills Farm wants ag district inclusion

Article & Photo by Karen Carr Keefe

Senior Contributing Writer

Part II

Dennis and Nicholas Bauman see contradictions in what the Town of Grand Island says, and what it does, while they face a June 1 eviction from their 25-acre Back Hills Farm at 951 Whitehaven Road, where they raise sheep and chickens.

Sinclair Communications LLC, which leases the land to the Baumans, issued the eviction petition Aug. 29, 2024, and has issued a stay until this coming June. The action followed the town issuing a series of violations in November of 2023.

The violations the town identified consisted of raising farm animals and keeping equipment on property that is zoned B-1 business. Yet, Dennis Bauman says that raising farm animals there would not have been a violation if Back Hills Farm were in an agricultural district – a designation the farm was denied after the town made a case against it with the Erie County Legislature, which had initially approved agriculture district status.

Landlord has no comment

NFP reached out to Bill Russell, director of real estate for Sinclair, three times, on Feb. 13, 17 and 24, but Russell has provided no information or response after saying he would look into the overall situation that resulted in the impending Bauman eviction.

Bauman says Back Hills Farm wouldn’t be in violation of any laws if the town had just gone along with the 2023 approval of inclusion into a Grand Island agricultural district, where such farming is allowed.

Approval then rejection for ag district

Back Hills Farm was approved to be in the agricultural district by the Erie County Environment and Planning Department. That OK came on Nov. 1, 2023, after Bauman had submitted the application, through Sinclair in September of that year, as required.

The full Erie County Legislature approved, then denied the application.

Grand Island Supervisor Peter Marston told NFP the town would be willing to try to work through code and zoning violations as long as the Baumans and their landlord are in it for the long haul. Marston said what he called a “landlord-tenant dispute” is an obstacle to the town going forward to help the Baumans secure farming rights.

Bauman said he feels the town betrayed him.

“I reminded myself of something I learned about people's character,” he said. “Look at a person or organization’s actions, not at the words. Their action will show you exactly who they are. (For example), the town claims to be pro ag, yet they have done everything in their power to shut our operation down. Marston stated that the town does not get involved in the tenant/landlord issue, yet they have and did with us.”

Progress erodes

There had been signs of progress with the town, but then a turn for the worse.

On March 27, 2024, the Baumans met with town officials including Marston, Building/Code Enforcement Department Head Ron Milks, and Sheila Daminski, chair of the town’s Agricultural Advisory Board.

Daminski said the meeting was set up to help all parties understand what was happening in terms of violations leveled against the farm by the town’s Code Enforcement Department.

Nick Bauman said, at that point, they had heard from the town that there were some violations as to vehicles and equipment on the land, so they started cleaning up anything that could deter their progress toward a purchase of the land they were leasing from Sinclair.

They were told the town was pleased with their progress, and no further action would be taken if the progress continued, both men said.

“They told us we were doing a great job,” Dennis Bauman said. Then, “All of a sudden, we get more zoning violations, and saying were not complying.”

Dennis Bauman said, “If we had gotten ag district approval, New York state would then back us up and their attorneys step in. And that’s the reason they’ve been blocking – so we can’t get help.”

Farm is zoned for business

Back Hills Farm is within a district zoned B-1 business. The town currently is undergoing a review of its comprehensive plan and zoning code by consultant CPL Buffalo.

When asked for a status update on the Baumans’ farm, Marston said, “Traditionally, the town does not allow agricultural uses in business districts, because, obviously, we don’t want a boulevard built out with farms; we want them built out with coffee shops and point-of-sale businesses and what belongs in our town center. So, as a general rule, we try to keep farming in the outskirts and not in our town center.”

The Baumans’ farm is about 2.5 miles from the town center.

Marston said, “That property is zoned commercially because of the (Sinclair) tower’s existence. I won’t say it’s a complete anomaly, but it had to be zoned that way in order to support Channel 29’s operation – in the past.”

He said of Back Hills Farm, “They rented the building, started some agricultural uses. They really aren’t in the code. They talked about putting (the farm in) an ag district, but we don’t allow an ag district in our commercial (zone).

“Our statement to them was always, ‘As long as your landlord is in this for the long haul.’ In other words, this isn’t a one-year problem; this is going to be something you want to do for a decade. Then we are happy to visit our codes and our zoning and talk about maybe certain types of uses that we would allow you to do there. Just kind of build a hybrid to support what they have going on.”

Towers remain primary use of site

Marston said the town can’t rezone the property into non-commercial because of the presence of thousand-foot towers on it – one belonging to Sinclair Broadcasting and another nearby that was built by Channel 17.

“That will always be the primary use,” Marston said.

However, Marston said he feels there could be a secondary use on the property.

“I do feel that a lot of what they’re doing there (Dennis and Nick Bauman) could be something that we could wrap our heads around and maybe come up with some unique coding or some special use conditions … but in the end of the end, the landlord has to be behind it,” he said.

“As much as everyone wants to blame the town – there are some violations there – because we can’t make some changes because it’s not their (the Baumans’) property. And if we’re going to make some changes to the property to allow certain conditions, we need the landlord’s consent. And the landlord’s not going to give us the consent to make these special situations be OK, then we can’t make them be OK.”

Eviction petition based on zoning

Sinclair, the petitioner for eviction, stated in its court filings of Aug. 29, 2024, “To the best of the Petitioner’s knowledge, information and belief, Respondent Back Hills Farm Corp. made a variety of good faith efforts to either obtain a variance or rezone the property for agricultural use.”

The petition goes on to state, “At the time this Petition is made, the Premises remains in the ‘B-1’ zoning district, and the permitted uses of leased Premises for this district continue to not permit any agricultural use for the leased Premises.”

It later adds, “It is unlikely that the current zoning for the subject property will change in such a way that would allow for an agricultural use.”

Resolution of farming disputes

Daminski, of the Agriculture Advisory Board, said, “The intent and purpose and function of our advisory board is to ensure that we are changing our zoning laws to make sure that there is no disadvantage given to agriculture on Grand Island – in other words, that our town code aligns with our Right to Farm law.

“If there’s a complaint against a specific farm on the Island, according to the Right to Farm Law, the Town Board has the right to send that to us to investigate and provide recommendations on.”

Asked if the Town Board had sent a request regarding a dispute over Back Hills Farm, Daminski replied, “They did not.”

“Being in an ag district, New York State Ag and Markets will always say, ‘Home rule applies first,’ ” Daminski said. “The problem with the property that Dennis is on is that it is not – home rule-wise – based on our own zoning, B-1 and C-1, is not zoned for agriculture.”

“Our responsibility is to try to get the town law and the town code in place to allow for farming on the Island, where appropriate. Nobody wants to see a cow farm on Grand Island Boulevard, right?”

But she noted that Bauman’s farm, while zoned commercial, is on the outer edges of the Island.

Disputes over farming operations

Grand Island’s Right to Farm Law states that, “Should any controversy arise regarding any inconveniences or discomfort occasioned by agricultural operations that cannot be settled by direct negotiation between the parties involved, either party may submit the controversy to the Code Enforcement Officer, who in turn will bring the matter to the attention of the Town Board for referral to the Grand Island Agricultural Advisory Board … in an attempt to resolve the matter prior to the filing of any court actions and prior to a request for a determination by the Commissioner of Agriculture and Markets about whether the practice in question is sound. … Submission to the Grand Island Agricultural Advisory Board shall stay all proceedings related to the matter until the Board notifies the parties of the conclusion of its involvement or 90 days, whichever is earlier, unless the Code Enforcement Officer certifies to the Town Board that, by reason of facts stated in the certificate of stay would, in his or her opinion, cause imminent peril to life or property.

“Any controversy between the parties shall be acted upon within 90 days of receipt of the request for dispute resolution by the Town.”

Marilla supervisor expresses his view

Until this past year, Marilla Town Supervisor Earl Gingerich Jr. – who is also a full-time farmer – was on the Erie County Agriculture and Farmland Protection Board for over 20 years.

“We’re the ones that review it (agricultural district applications) and make the recommendation to the county to approve it, then, of course, down to New York State Agriculture and Markets, and then they certify it,” Gingerich explained.

He said if that, your land is in an agricultural district, “it provides you certain protections and a review process if local ordinances are too restrictive or there’s some sort of a dispute with neighbors or some action is trying to be taken against them – and they’ll review.

“In my opinion, Grand Island made the wrong stand. If they felt that there was something that needed to be addressed, they should have been doing something to help encourage it and work through whatever that possible violation was, if there was a legitimate violation.”

•Read part I online at www.wnypapers.com.