Yorktown officials have accused local businessmen of running an illegal farm and are demanding that operations cease until land use approvals are obtained.
The town is asking a judge to declare that John and Frank Bartolini are operating Hunter Brook Tree Farm in violations of the zoning code, in a complaint filed on May 15 in Westchester Supreme Court.
But John Bartolini claims that it is the town officials who are acting illegally, and he has filed complaints against them with Westchester District Attorney Susan Cacace.
The property in question is a 8.25-acre site at 2145 Hunterbrook Road, in a heavily forested area near Crompond.
Last November, according to the complaint, the Bartolinis began clearing out trees and brush, “apparently and unbeknownst to the town … for the purpose of opening a tree nursery and farm.”
Yorktown claims that bulk products such as mulch, plants, seeds, shrubs and firewood were stored on the property and offered for sale.
On April 22, code enforcement officer Jason Zeif inspected the property and issued a stop work order. On April 29, the town issued a zoning violation notice ordering the property owners to comply with the laws within 30 days.
Yorktown says the Bartolinis failed to submit a site plan to the planning and zoning boards, or obtain a special use permit to operate a farm in a residential district, or get a permit to use signs on the property.
Despite the stop work order and notice of violations, the complaint states, the Bartolinis have continued to violate the zoning code. Moreover, illegal use of the property “has caused numerous complaints from the neighbors to the property, concerning quality of life issues such as noise and traffic.”
John Bartolini, of Jefferson Valley – who describes himself as a farmer, entrepreneur and constitutionalist – claims that the zoning code allows him to farm the land.
He says Yorktown officials succumbed to intense political pressure by neighbors who are displeased with the farm. And he accused the officials of conspiring to use trumped up violations to scare him or coerce him from farming.
He accused Yorktown officials of official misconduct, coercion, and stalking.
Yorktown is seeking a court order requiring the Bartolinis to restore the property until they obtain a special use permit to operate a nursery farm and a permit to use signs.
Yorktown is represented by White Plains attorney Adam Rodriguez, of Bleakley Platt & Schmidt.
