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Suburban life pitting farmers vs. neighbors
Philadelphia Inquirer ^ | Jan. 02, 2003 | Kaitlin Gurney

Posted on 01/02/2003 7:41:58 AM PST by End Times Sentinel

 

Red barns and silver silos rise amid gently sloping fields of soybeans and tomatoes, a stone's throw from sprawling country estates on tree-shaded, winding roads.

But in the idyllic setting of South Harrison, battle lines are being drawn between Gloucester County's rural past and its suburban future.

On one side are farmers such as Lou Chiulli, who has 33 head of cattle on a plot of land behind his house on Franklinville Road. The money he makes by selling the cattle supplements his income from his 142 acres of organic crops and his job as a union tile-setter, he says.

On the other side are the neighbors.

For three years, Diane and Louis Madonia and the owners of two adjacent homes have sparred with Chiulli, contending that a pile of cow manure - which can grow to eight feet high - attracts swarms of flies that leave droppings on their porch railings, windows and walls.

The Madonias say they cannot sit on the veranda, have outdoor barbecues, or savor the countryside they moved to South Harrison four years ago to enjoy. Neighbor Mike Toomey says the flies' droppings "look like someone poured chocolate syrup over my rail and the rockers."

"We moved here to get away from the hustle and bustle," Diane Madonia said, adding that Chiulli had fewer than 10 cows when she and her husband bought their home. "I just regret it."

The couple and their neighbors have called the township to complain, hoping to get Chiulli to move his herd. They have called the county Health Department, the state Department of Agriculture, and even the federal Environmental Protection Agency.

But New Jersey, the most densely populated state, has some of the nation's best legislative protection for farmers who have at least five acres and generate $2,500 a year from their farm. The Right to Farm Act, enacted in 1983 and strengthened in 1998, shields farmers who operate according to accepted agricultural practices from municipal ordinances and nuisance complaints.

"I see real estate ads for rolling green acres, and all I can think of is that these people just don't realize they have no rights," said Diane Madonia, her dining room table piled high with township ordinances and photos and videos of flies and the specks they leave behind.

Farm-related complaints such as the Madonias' fall under the jurisdiction of the county and state agriculture development boards, a bureaucratic structure that the state Supreme Court upheld last year.

Weaker farm law in Pa.

Pennsylvania has similar Right to Farm legislation, but municipalities have weakened it by crafting ordinances limiting the expansion of corporate agricultural operations, said John Bell, a lawyer for government affairs at the Pennsylvania Farm Bureau.

In Chiulli's case, New Jersey officials decided this summer that his cow manure is managed properly and forwarded the Madonias' complaint to the Gloucester County Agriculture Development Board. A final decision is to be issued at the board's meeting next Thursday.

Chiulli said he was gratified by the state support but feels invaded by the army of agencies that have surveyed his operations. He insisted that there was no fly problem, and that the Madonias edited their videotapes to exaggerate the number of flies on their property.

"The irony is that everyone wants to save the farms, but when you're farming, people try to stop you," said Chiulli, who moved to South Harrison in 1995, just a few years before the Madonias. He said his neighbors should have considered more carefully where they were going to live.

"The biggest mistake I made was moving next to a bar, but I was in a city," Chiulli said. "If you're superstitious, you don't move next to a graveyard. If you don't like kids, you don't buy a house by a schoolyard."

Eighty inquiries a year

New Jersey receives about 80 inquiries annually about the Right to Farm Act, but only a few lead to a formal complaint, said Hope Gruzlovic, a spokeswoman for the Agriculture Department.

Gloucester County is at the forefront of Right to Farm clashes, said Timothy Chell, solicitor for the county agriculture board. The board heard the state's first formal Right to Farm complaint several years ago, when a Franklin Township vegetable farmer was required to limit his use of chicken manure as fertilizer.

In Burlington County, agricultural agent Ray Samulis said he had seen more farmer-newcomer feuds since the stronger version of the Right to Farm Act was signed in 1998, because the tough law does little to halt suburban encroachment. He receives complaints when farmers hire migrant laborers for extra help at harvest time or fire cannons to scare crows away from corn.

At the New Jersey Farm Bureau's annual meeting in November, farmers chose Right to Farm issues as their primary agricultural concern, said Peter Furey, the bureau's executive director.

"The newcomers in the McMansions are skilled, many of them attorneys, and they're good at speaking up and raising complaints," Furey said. "As these homes begin to dot the landscape, farmers can feel the balance shifting away from them."

But the Madonias and their neighbors say they have borne the brunt of an anti-suburban bias, when they just want to be able to use their backyards.

"These inspectors come out here to survey the fly problem, and they see the farm, and then the Colonial - they figure it's just yuppies complaining again," said Toomey, whose house faces Chiulli's cows across a fence. "No one is worried about the problems at this particular farm. The people on these boards are farmers, and they're worried about when [a Right to Farm dispute] is going to affect them."




TOPICS: Culture/Society; Miscellaneous; News/Current Events; US: New Jersey; US: Pennsylvania
KEYWORDS: farm; farming; suburbia; suburbs
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The Madonias say they cannot sit on the veranda, have outdoor barbecues, or savor the countryside they moved to South Harrison four years ago to enjoy.
 
Hmmm...  Maybe they should have investigated what living in "the country" (aka farming area) was like before they moved in.  Sometimes, things aren't exactly the way we dream them up to be, most adults are aware of this.
 
"I see real estate ads for rolling green acres, and all I can think of is that these people just don't realize they have no rights," said Diane Madonia...
 
Well Diane, you have rights, but it seems the "right" you want is to be able to make other people do things you want them to.

Owl_Eagle

”Guns Before Butter.”

1 posted on 01/02/2003 7:41:59 AM PST by End Times Sentinel
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To: Owl_Eagle
--similar to a situation where I worked in the Black Hills. Twenty some years ago, a group largely composed of local potsmokers bought houses adjacent to an old gold mill, pockmarked with century old mine workings, then were outraged when one of the owners of the claims undertook to operate a mine in the area-
2 posted on 01/02/2003 7:50:46 AM PST by rellimpank
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To: Owl_Eagle
On one side are farmers such as Lou Chiulli, who has 33 head of cattle on a plot of land behind his house on Franklinville Road. The money he makes by selling the cattle supplements his income from his 142 acres of organic crops and his job as a union tile-setter, he says.

The union life - it is for me!

3 posted on 01/02/2003 7:51:31 AM PST by 2banana
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To: Owl_Eagle
PEOPLE WHO MOVE NEXT TO A FARM BETTER LIKE EARLY MORNING NOISE AND THE SMELL OF MANURE.
4 posted on 01/02/2003 7:53:54 AM PST by 1Old Pro
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To: Owl_Eagle
Exactly. I have no symp for these dipwads. Who was there first? The yups shoulda bought a loft.

Same situation applies to small general aviation airports: a/p has been in the boonies for years. Developer installs subdivision. Buyers bitch about the a/p. A/p gone.

5 posted on 01/02/2003 7:55:47 AM PST by banjo joe
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To: Owl_Eagle
Sounds like they want to have their cake and eat it too.

Cows poop. Get over it.
6 posted on 01/02/2003 7:56:16 AM PST by renosathug
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To: rellimpank
--similar to a situation where I worked in the Black Hills. Twenty some years ago, a group largely composed of local potsmokers bought houses adjacent to an old gold mill, pockmarked with century old mine workings, then were outraged when one of the owners of the claims undertook to operate a mine in the area-
This is absolutely nothing new for anyone operating an industrial facility in a suburban area. The plant I used to work at had a street built next to it at least a decade after the place became operational. Allegedly the plant owners tried to buy the property both before and after houses were built, knowing what would eventually happen. No deal.

Eventually the plant shut down due to city antagonism stemming from neighbor complaints about not only odors, but the noises of a three shift operation. They wised up near the end (the prospect of losing 400+ manufacturing jobs will do that) but it was pretty much too late at that point.

The only thing worse than NIMBY is ex post facto NIMBY. People buy houses at a low price because of the surroundings then try to drive the surroundings away.

-Eric

7 posted on 01/02/2003 7:57:54 AM PST by E Rocc
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To: Owl_Eagle
Sadly, this is happening in my town, also. The Yuppies move in, to live in the country. Now, they want to outlaw animals. A horse farm is being harrassed by its new neighbors, and so is a dairy farm. They move in, and then assume they will change things to suit them. In the next town is a small airport I used to use (When my wife had a career and we were rich-haha!). Knowing full well that the airport had always been there, they bought houses nevertheless, intending to shriek and squeal. So at 400 feet AGL, we had to add a 45o turn to avoid the shrieker.

Likewise with my gun club. A new neighbor called the police to report bullets hitting his roof; Upon arriving and checking the roof and gutters, they found..UNFIRED ROUNDS, cartridge case, bullet, intact primers, and all! (Why were they not prosecuted??)

So..to keep it lighter:

The Yuppies moved into the country to live with Nature. Washing the dishes, the wife looked out the window, and saw an elephant, who had escaped from a visiting circus. She called the police in a panic.

"There's a BIG grey animal in my garden, and he is pulling up cabbages with his tail!!!"

"What's he doing with them?"

"You do NOT want to know!!!!"

8 posted on 01/02/2003 7:58:34 AM PST by Gorzaloon
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To: Gorzaloon
Likewise with my gun club. A new neighbor called the police to report bullets hitting his roof; Upon arriving and checking the roof and gutters, they found..UNFIRED ROUNDS, cartridge case, bullet, intact primers, and all! (Why were they not prosecuted??)

LOL! That's hysterical. Except for the part about their not getting prosecuted. Club should have gone after them. Filing a false police report is a serious matter, and it would've served them right to go through the rest of their lives with a criminal record. Imagine explaining this to prospective employers in yuppie-land: "Well the noise was really bothering us, and we were afraid bullets really would hit our house, so we stuck some up on the roof -- only we didn't know how bullets worked, so we got caught". Could get your resume dropped right in the circular file . . .

9 posted on 01/02/2003 8:12:04 AM PST by GovernmentShrinker
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To: Owl_Eagle
"I see real estate ads for rolling green acres, and all I can think of is that these people just don't realize they have no rights," said Diane Madonia

She might have a legit beef (sorry) with her real estate agent, but certainly not with the farmer.

Now, I'm not college educated so maybe I'm just an ignorant hayseed, but I find it extremely odd that supposedly educated people don't know that cows poop.

And this "we have no rights" nonsense is really irritating. Of course she has rights; she just doesn't realize that her rights do not extend to denying the rights of her neighbor.

10 posted on 01/02/2003 8:19:47 AM PST by alpowolf
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To: Owl_Eagle
I owned some property in Wisconsin several yaers ago. A 'professional' couple from Minnesota bought the land behind me. The family dairy farm across the road from me had been in operation for nearly a century, and ran about 100 head. The professional couple had the audacity to sue the farmer because of the noise and smell from the cows. I had an agreement with the farmer to allow his cows to graze on the back area of my property closest to these idiots so they could get the full benefit of country living; they didn't like me much...
11 posted on 01/02/2003 8:36:09 AM PST by azsportsterman
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To: 2banana
Whoah, hoss. Before you get up in arms over a union guy who actually does something of value for a living (in addition to raising a small herd and farming), I suggest you look at the yuppie couple - probably a couple of non-value adding lawyers - who probably have never got their hands dirty in their lives.

I'll side with someone who actually does something with the land over the "we want to get away from the hustle and bustle" oxygen thieves any day of the week.

12 posted on 01/02/2003 8:42:38 AM PST by Archangelsk
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To: alpowolf
. . a beef with the realtor. .

You are correct. Here in NY, it is recommended that realtor's place the following paragraph in their purchase contracts when dealin with rural properties. (Most are urban realtors and don't bother).

"It is the policy of this state and this community to conserve, protect, and encourage the development and improvement of agricultural land for the production of food, and other products, and also for its natural and ecological value. This notice is to inform prospective residents that the property they are about to acquire lies partially or totally within or adjacent to an agricultural district, and that farming activities occur within the district. Such farming activities may include, but not be limited to, activities that cause noist, dust, and odors."

Caveat Emptor

13 posted on 01/02/2003 8:43:13 AM PST by MJemison
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To: Owl_Eagle
"Smell the fresh country air" as my father used to say when we were travelling. Sometimes the air was really really fresh, but it would pass with the change of winds.

City folk invading the country have no clue to the value of agriculture, or for private property rights. People who live in gated communitys have already succumed to living in a socialist society where every aspect of their property is controlled by an authority they signed off to.

Farmers represent freedom of choice because they live not only in the country, but for the country. Some people cannot accept the fact that rural people have a freedom that city folk will never experience to the fullest extent. So the city folk become resentful, and attempt to regulate the rural way of life because they cannot handle the freedom that comes with private property ownership, which is a fundamental Constitutional right.

A word to the wise. Always research an area before moving to it. Birds of a feather flock together.

14 posted on 01/02/2003 8:56:06 AM PST by o_zarkman44
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To: banjo joe
Good point. I am doing research on this subject for the state of Indiana. Can you tell me which airport this has happened to? Any other examples.

Have a wonderful day!
15 posted on 01/02/2003 8:59:35 AM PST by TheCause
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To: azsportsterman
Yep, that sounds all too familiar. A small cattle/dairy farm was just down the road from our place and I would work for them from time to time. Well, a big developer bought over 300 acres just past the farm and started to sell these five acre estates overlooking the beautiful countryside! Land started selling and big, expensive houses started going up. We're talking upper middle class to very wealthy people moving into the country and commuting 25-30 miles a day to work.

Well, it all hit the fan one day when we were moving 30 head of cattle across this small country road into pasture that the farmer owned. Well, one of the new residents that moved up on the hill past this farm had to be stopped while we finished crossing the road. Needless to say, she was in a hurry and was upset that she had to wait. She blew her horn and screamed out her window to get those f'n animals off the road! It took the rest of the day for us to round up the four cows that became frightened and ran down the road. Later that evening the lady stopped by and dropped off a bill for the detailing job her vehicle had to get because she had to drive through cow manure. She expected the farmer to pay that bill.

We moved from the area and I haven't kept in touch with the farmer, but I'm sure he's having a never ending battle the new residents that moved on the hill.
16 posted on 01/02/2003 9:04:17 AM PST by spokanite
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To: spokanite
This happens in all sorts of ways. I have an web-based retail business and use the USPS for all my shipping, since the tiny town I live in makes it inconvenient to use UPS. So, twice a week, I come into the local Post Office with about 20 packages to mail. I have those packages completely ready to ship, except for postage, so they get processed really quickly.

I come in, put my bins of packages near the clerk windows, but out of the way of the other patrons, then take my place at the back of the line.

Invariably, when it's my turn and I go to the counter and start putting packages through the window, I hear exasperated sighs from the folks behind me. Obviously they're ticked because I'm using the post office. I ignore them, but once in a while someone complains verbally, and once, a little old lady started cursing at me for holding her up.

So, one time, I waited, after I had shipped my packages. About half the people in line were there to pick up a package sent to them by some web-based business or an eBay seller. How do they suppose those packages they were waiting for got mailed?

Think, people, think.
17 posted on 01/02/2003 9:19:46 AM PST by MineralMan
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To: Archangelsk
Just thought it interesting:

Raises over 30 cattle
Grows organic food on over 140 acres

and

has a full time union job.

Either he is the workman of the century or one of those jobs he is "skating" on - I bet we can both guess which one it is...
18 posted on 01/02/2003 9:25:44 AM PST by 2banana
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To: 2banana
"The money he makes by selling the cattle supplements his income from his 142 acres of organic crops and his job as a union tile-setter, he says."

Perhaps you can point out where it says he has a full time union job.

"I bet we can both guess which one it is..."

Actually we can't, care to help us out.

19 posted on 01/02/2003 9:37:50 AM PST by dtel
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To: dtel
Actually we can't, care to help us out.

Obviously, you have never worked with unions before. For some recent background information, do a google search under - union - philadelphia - convention - center

20 posted on 01/02/2003 9:42:31 AM PST by 2banana
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