OBSERVER Photo by J.M. Lesinski Dayton farmer Raymond Troutman has sold vegetables for 19 years, but now needs a special use permit.

DAYTON — Dayton farmer Raymond Troutman made quite the scene at the latest meeting of the Dayton Town Board this week, following his claims that the town of Dayton has been harassing him via the town’s code enforcement laws.

Things began when Dan Martonis of the Cattaraugus County Assessor’s Office spoke at the meeting regarding property assessment in the town and the process of selling property in the county.

“My goal is, going forward, we’re going to have someone here every month to educate all of us on something,” Supervisor Angie Mardino-Miller said of Martonis in his introduction.

Roughly halfway through Martonis’ presentation, Troutman asked why neighboring Perrysburg was getting better land assessments.

“There’s property in Perrysburg, just over the line, that’s cheaper,” Troutman claimed.

“Perrysburg is in bad need of a re-evaluation. … They’re all going to be assessed the same way (eventually),” Martonis replied.

“Town of Dayton is 100% (assessed), Leon is at 100%, why can’t all towns be equal?” Troutman then asked.

“That’s the goal,” Martonis replied. “We’re kind of fixing all the issues from the previous evaluation.”

From there, Martonis elaborated that every assessed resident would soon be receiving a letter in Dayton summing up the county’s findings. “Everything from the data inventory we’re going to mail out,” Martonis stated. “Everybody will get one. … We’re trying to figure out a way to put the land on the letter and say ‘hey, this is the breakdown of your land.'”

When asked by an attendee what the cost of the assessment was, Mardino-Miller replied, “$9,600.”

Shortly thereafter, Troutman again spoke up in the community comments. “Well, I might as well say it,” he began. “I heard my name was brought up at last month’s board meeting. I’m running an illegal farm operation out of a building.”

Code Enforcement Officer Frank Watson then turned around in his seat and asked Troutman, “Are you selling your goods out of that barn that you built?”

Troutman quickly replied, “Customers come up just inside the door, produce is inside the door, out of the weather.”

Watson then said, “You just answered my question, yeah, you are.”

Troutman quickly interjected, “As of today, I just closed the doors, and they no longer will be open.”

Troutman had previously told the OBSERVER in a phone interview that he has been growing produce in Dayton for 19 years. To this, Watson asked, “Did you receive any notice from me? I’ve been asking you nicely for the past few years.”

Troutman then interjected again and mentioned a special use permit that he appeared to be in disagreement with. “I asked you a few years ago,” he said. “You’re over-restricting farmers. Other towns don’t have special use permits. … Route 39, there’s a guy who sells sweet corn right out of his garage. … You’re harassing farmers.”

Watson then stated, “You live in Dayton, so forget about everybody else. We have Chapter 140, which is in the zoning laws. … It was looked over by attorneys and it is valid. There’s a line crossed on that if you stay low and slow, we don’t ask for a permit. You want to make a big building with public entry, selling your products, that goes above and beyond the low and slow.”

From there, Watson explained the function of the zoning law, in relation to the pole barn that Troutman built last year, prompting a massive spike in the assessment of his property. “We have Chapter 140 to make sure we have a safe scene with large numbers of people entering,” Watson noted. “We also make sure you don’t turn it into a grocery store without us figuring out the code.”

Watson went on to say, “You got bigger, which is great; that’s a sign of success. The town has invited you to say, ‘look, let’s get you certified and qualified,’ and based on that permit, you can get bigger and we can get you to a standard where there is no restriction for you.”

Troutman then angrily interjected, “I’m done.”

Watson then said, “OK, you’re done. Therefore, I’m not going to mention the fact that Ray Troutman should get a special use permit for what he’s doing.”

Troutman became enraged at the statement and slammed the chair in front of him against the ground. He then said he already paid $100 for a building permit back in 2006.

Watson acknowledged that Troutman paid the fee, and claimed that Troutman was not only aware of the special use permit, but gave his word he would get one. “I said, that day, if you want to build a barn, I’ll let you build a barn,” Watson said. “But in that office, I said, ‘if you do your farm stand out of that barn, will you come in for a special use permit?’ You know what your answer was? Yes.”

Troutman matter-of-factly replied, “Yep, I’m going back on my word.”

Following a brief aside on the honor of a man’s word, Watson told Troutman, “If your word is good that you’re shutting down, I’ll make sure that you’re shut down. If you want to open up again, I’m going to ask for a special use permit again.”

Troutman then asked, “How come you never make any other growers in this town get a special use permit? Only me.”

Watson replied, “Nobody has the set up that you have, name me another farm stand as big as yours.”

Troutman snapped back, “East Leon.”

Watson asked for clarity on the exact location and then replied, “That set up has been there long before (Chapter 140.) … That farmstand is (also) not bigger than 12 x 12.”

Troutman then argued that the special use permit doesn’t apply to him either because he was set up before Chapter 140. “I’m all done growing,” he said, beginning to shout. “Signs are down. All done. Thank you very much. … I’m sick of getting harassed.”

Mardino-Miller then interjected, “Why don’t you just get the special use permit? Frank has done his best to try (and help).”

Troutman interrupted Mardino-Miller before she could finish her sentence. “You’re over-restricting farmers. I’m not paying.”

As Watson and members of the board all began talking at once, Troutman slammed the chair in front of him against the floor, again, and stormed up to the front of the room. “Before the pole barn, $61,000 (was the property assessment), after the pole barn, now $104,000. I grieved it last year and I lost it!” He exclaimed.

At an assessment of $104,000, the new, vastly higher tax rates threaten to close down Troutman’s farm entirely. Troutman went on to say, “I grieved it this year, I hired a New York state licensed appraiser. It cost me $350. She came over to my place, assessed me at $70,000.”

To this, Watson bluntly said, “So you’ll pay $350 for an assessor, but not $100 for a simple permit?”

Troutman then angrily repeated his mantra, “No, all done growing.”

Sensing that nothing further could be done, Mardino-Miller abruptly ended the meeting.