Portsmouth farmers may seek permits for special events

Posted 6/9/15

Above: Dairy farmer Louis Escobar of Highland Farm could not attend Monday’s Town Council meeting because he was injured in a fall from his tractor Thursday morning. This photo was taken on his farm in April 2013. Photo by Richard W. Dionne Jr.

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Portsmouth farmers may seek permits for special events

Posted

Above: Dairy farmer Louis Escobar of Highland Farm could not attend Monday’s Town Council meeting because he was injured in a fall from his tractor Thursday morning. This photo was taken on his farm in April 2013. Photo by Richard W. Dionne Jr.

PORTSMOUTH — Saying it needs to do whatever it can to help Portsmouth hold on to its dwindling farmland, the Town Council Monday night unanimously approved a change to the zoning ordinance that allows farmers to seek permits to hold special events on their land.

Farmers stayed up well past their bedtimes to argue that that ancillary events such as wedding receptions and concerts are needed to maintain their livelihood. “It’s incumbent upon us to keep farming alive in town," said council member Michael Buddemeyer.

The vote came after two hours, 40 minutes of often-emotional testimony that pitted farmers against residential abutters who expressed concerns over traffic, safety, noise and other matters. There were not enough seats in the council chambers to accommodate the crowd, which overflowed into the hall.

Council President Keith Hamilton assured abutters that approval of the ordinance doesn’t mean there will be “Woodstock tomorrow.” Farmers would still have to go through a rigorous review in front of the zoning board, including testimony from abutters, before any special event is approved, he said.

Town Planner Gary Crosby, who said the amendment brings the town’s definition of agriculture more in line with state law, agreed. “They basically have to make their case before the zoning board,” said Mr. Crosby, noting that applicants would have to prove their proposed event would not be detrimental to the surrounding neighborhood, that they would provide adequate parking and that there would be controls placed on noise, smoke, odors and other matters. The petitioner could ask for permission to host more than one event, which would be up to the zoning board’s discretion, Mr. Crosby said.

Some residents who live near farms were not convinced, however. Armed with a petition signed by 45 people opposed to the amendment, they argued that commercial activities should not be permitted in residential areas.

“I’m supportive of farms and I’m supportive of open space, but I don’t want there to be weddings in my neighborhood,” said Brad Dellenbaugh of Wapping Road.

Nancy Howard, of Dianne Avenue, said she was concerned about “drinking and driving through residential neighborhoods.”

She added that farmers already receive tax breaks, so to allow them to compete with small businesses would be unfair. Ms. Howard also said residents shouldn’t bear the burden of appealing any decision by the zoning board if a farm goes afoul of the ordinance.

Meredith Chapman of Wapping Road read a letter written by her husband, Arthur, in which he expressed concerns over reckless driving and speeding on Wapping Road. She added that the amendment would not increase farm production but would reduce residential property values.

Larry Fitzmorris of Portsmouth Concerned Citizens said it was the Town Council’s job to preserve property values. “This zoning change would in some cases provide the opportunity to degrade those property values,” he said. “When people moved in and bought those houses … they expected it to remain residential.”

He and several other residents, including Paul Kesson, and Judi Staven, also charged that the amendment to the ordinance was overly broad.

Farmers, others respond

Many of the farmers who attended gave impassioned speeches defending their right to expand their business in order to make ends meet.

“I am angered that trying to diversify our farm and bring in income to allow it to survive is being threatened,” said Siobhan Thurston of the Almy-Thurston Farm on Union Street.

She then turned to Mr. Fitzmorris, sitting behind her. “Mr PCC, I have given you a gift by donating the development rights on my farm. Your property values have increased,” said Ms. Thurston.

Patti DeCastro of DeCastro Farms said the amendment will help retain what little farmland is still left in Portsmouth. “My husband wanted to move away to New York because the farmland was disappearing. The houses were coming in,” she said.

Since then the farm has diversified and everyone seems happy — “until we make a little bit too much noise,” she said. “I want you all to know how important it is. That’s why you bought a house here. You have to let us survive.”

As Ms. DeCastro returned to her seat to applause, her husband Stephen yelled out, “That’s my woman!”

Judy Carvalho, who inherited Maplewood Farm on Hedly Street from her father, said she’s been struggling to keep the farm alive for 28 years. She’s thought about selling the farm, which goes back to the 1700s, but can’t bring herself to do it, she said. Like several other farmers, she reminded residents of what would happen if she did.

“I’ve been approached by developers. I could put 40 houses on that development. Can you imagine another 80 cars coming out of Hedly Street every day?” she said.

Jane Escobar of Highland Farm on Middle Road, which years ago received special permission for a corn maze and other events, took issue with comments made by opponents of the amendment that farming isn’t a commercial business.

“If our farm isn’t a commercial business, I don’t know what the hell we’re doing. We’re sure working pretty darned hard,” Ms. Escobar said. “Thank God we got that special use permit. We just had to make more money.”

Nancy Parker Wilson, general manager of Greenvale Vineyards, which has fought for years to have wedding receptions and other events permitted at the winery, said the amendment is forward-thinking because it would attract more people to town, thereby boosting the local economy.

Several people also reminded opponents that farms were here long before the subdivisions went in. “You people say they’re in residential neighborhoods. No, you residents are in the farmland,” an East Main Road man said to applause.

John Borden, who’s served a total of 15 years on the zoning board, said the amendment would improve the current zoning ordinance. “There are vineyards all over the country that have wedding receptions,” he said, before adding that all applicants who come before the board face heavy scrutiny. “It makes me sick that a lot of (farmland is) going away. But let’s hang on to what we have now.”

‘Misinformation’ cited

Also speaking in favor of the amendment were Charles Allott, executive director of the Aquidneck Land Trust; and Conni Harding of Preserve Portsmouth.

“One thing that really bothers me is the misinformation,” said Ms. Harding, referring to remarks made by some residents that there are more than 90 farms in town. (Actually, she said, there are about 35 farms on 92 parcels of land.)

Council member Elizabeth Pedro also criticized opponents for spreading misinformation around town on the issue, and she took their petition apart point by point. “I lot of these statements are false,” said a fired-up Ms. Pedro. “I don’t like to see the farmers getting persecuted. Before this meeting, it was like a witch hunt.”

For example, farms are not tax-exempt like some opponents of the amendment believe, she said; farmers receive tax breaks only on the portion of their land that is used for agriculture.

“Do you really think farmers are getting rich through these tax breaks?” she asked. If that were the case, argued Ms. Pedro, none of the farms would ever being in danger of going extinct.

She echoed Ms. Wilson’s comments that special events would benefit other businesses such as restaurants, hotels, florists and caterers.

“I don’t understand how this would fail to add revenue to the town of Portsmouth,” she said.

Louis wanted to be there

He wanted to be there Monday night to defend his fellow farmers, but Louis Escobar was laid up in a hospital instead.

During discussion on the proposed amendment to the zoning ordinance, Jane Escobar of Highland Farms told the council that her husband had been injured in a fall from his tractor Thursday morning.

Mr. Escobar’s tractor ended up in a pit and he was thrown from it, she said. He slammed his head and lost a lot of blood, requiring several transfusions, Ms. Escobar said.

While he initially had trouble moving his hands and legs, Mr. Escobar’s condition was improving at Rhode Island Hospital, she said.

“He can still talk,” Ms. Escobar said of her loquacious husband, as members of the audience laughed in approval.

Mr. Escobar, known as “Mr. Portsmouth” by many, is a popular figure in town. A strong advocate for farmers, he also hosts a Fourth of July fireworks display from his farm every year and was selected to be the grand marshal for the town’s 375th anniversary parade in 2013.

Council President Keith Hamilton asked Ms. Escobar to send her husband well-wishes from the council — and a message to make sure he gets back in town for the fireworks.

DeCastro Farms, Greenvale Vineyards, Louis Escobar, Portsmouth Town Council, Portsmouth zoning

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