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of a prohibition against housing families, and that the migrant laborers are being used on land other than that owned or rented by the Sharps.
In addition, Mr. Reynolds said at Wednesday’s meeting, “this was to be a seasonal operation and those workers have been there year round.”
The Sharps deny that the 10 migrant limit has been exceeded. Also “the allegation with respect to women living in the labor camp is false,” wrote Mr. Baumgardner in a letter to the zoning administrator. “Whether women have visited the inhabitants of the Sharps’ tenant house is a question that my clients are unable to answer. Further, my clients question the relevance of the sex of the occupants of their tenant house,” he added.
As to the duration of the occupancy of the migrant housing, Mr. Baumgardner contends that the term “temporary” or “seasonal” refers to the workers employed by the Sharps rather than to the use of the housing. “The Sharps do employ seasonal workers for the purpose of pruning and grafting trees during the winter months,” Mr Baumgardner noted in his letter, adding that all employees using the migrant housing are “seasonal” workers.
Henry Gorfein lodged an additional complaint at Wednesday’s meeting. Identifing himself as a contractor with a “class B” license, he charged that the sewage system approved by the Health Department for the migrant worker housing does not meet the standards of the statewide building code. The BOCA Code requires a 1,200 gallon septic tank for a two-family dwelling with one bedroom in each unit and an 1,800 gallon tank for a five bedroom single family house, yet the Sharps’ migrant worker housing, with 10 residents, is served by only a 960 gallon tank, he pointed out- The capacity of the septic system clearly demonstrates that the migrant housing was meant to be used only on a temporary basis rather than yearround by temporary workers, Mr. Gorfein maintained.
Chairman Lee Bird noted that .the septic system had been approved by local sanitarian Jack Lockhart “and we have to rely on Mr. Lockhart’s expertise.”
“I suggest somebody check with Mr. Lockhart because I think he’s in error,” Mr. Gorfein countered.
After listening to the attorneys and reviewing the piles of correspondence, the BZA members agreed to hear more evidence but the majority balked at calling for a revocation hearing. Peter Kramer and Sharon Luke pointed out that yet another session could be avoided if the November 5 meeting is designated a revocation hearing. Otherwise, Mr. Kramer said, if the BZA listens to the evidence and finds cause to revoke the Sharps’ special use permit, the Sharps must be given 10 days
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