The modular houses, now enclosed with four walls and a roof, remain unfinished since construction stopped in February.

DEVELOPMENT POTENTIAL

The case went before the Enforcement Committee March 13, with staff attorney Paul Van Cott presenting a case for APA jurisdiction.

He argued the farm buildings are single-family dwellings being built on Resource Management lands.

Van Cott said the potential for development necessitates permitting to monitor density should the land-use change in the future.

The land is in active agricultural use as an organic feed and cattle farm.

JURISDICTION ARGUED

Attorney John J. Privitera of McNamee, Lochner, Titus & Williams, P.C., in Albany, who is representing the Lewis Family Farm, presented a detailed reading of law arguing the buildings are "agricultural use structures" and therefore non-jurisdictional by APA under New York state right-to-farm legislation.

Privitera also said Article 14 laws protect the Lewises' right to farm.

LEWIS REACTION

Contacted by phone Thursday, Mr. Lewis said he and his wife had not seen the decision.

"I'm traveling, she's traveling, and we are in different places."

Mr. Lewis said all of the nearly 15 farmers who attended the enforcement hearing were struck by one common thought.

"They all came up to us afterward to say the APA Board had not read our briefs. That is an astonishing fact; every one of them reached the same conclusion.

"We can leave (the Adirondack Park), but the people of the North Country, they can't leave. But their children do. It's clear the APA is trying to destroy the North Country."