RAY BROOK -- The Adirondack Park Agency Enforcement Committee has ruled against the Lewis Family Farm and issued permit violations on two partially constructed farm-worker houses.

In its 13-page decision, the APA fined the farm, owned jointly by Salim B. "Sandy" and Barbara Lewis, a penalty of $50,000, to be paid by April 28.

The APA also said the farmers could not occupy or let employees live in the buildings until after-the-fact APA permits are in place.

The APA demanded the Lewis Family Farm submit a "detailed description of the use of each dwelling and connection to the Lewis Farm agricultural operations," along with an "as-built" plan for the septic systems.

Mr. Lewis said they will appeal the APA decision.

AGRICULTURE STATUS

The modular houses, valued at close to $300,000 apiece, were erected over the past year to provide farm-worker housing. They are on Whallons Bay Road in Essex, about 100 yards from the hamlet boundary line in Whallonsburg.

The Lewis Family Farm obtained building permits from the Town of Essex before construction began, and Mrs. Lewis said she understood at the time from the town zoning officer that no APA permits were required for agricultural buildings.

Once foundations were dug and concerns raised, she contacted the APA and was told by staff that APA permits were needed to build "single-family dwellings."

The Lewis Family Farm maintains that, by definition, farm-worker houses are "agricultural structures."

Mrs. Lewis said in an affidavit that they have torn down and removed some 15 run-down and derelict houses and built 15 agricultural structures on the 1,200-acre farm in the past 20 years without APA permits.

LAWSUIT REJECTED

The farmers claim APA does not have jurisdiction over "agricultural structures" and brought the matter to Essex County Supreme Court last summer, where Judge Kevin K. Ryan dismissed the lawsuit, claiming it was "not ripe for judicial intervention" until enforcement action was taken.

The APA issued a cease-and-desist order on construction of the farm-worker houses after the court case started.

Based on legal advice, the Lewises continued to build.