Dandy resident Greg Garrett has withdrawn his application to use the land where he lives as part of his oyster farm, a move he says spells the end of his nearly 5-year-old bid to run the farm in the waters surrounding his home.
Garrett was scheduled to go before the York County Board of Supervisors on Aug. 19 to present his case for a special-use permit to use the land as part of the farm, however that plan was canceled after he sent an email to York County Planner Tim Cross and Assistant County Administrator Mark Carter announcing he was withdrawing his application for several reasons.
In the email, Garrett said he wants to focus on God, family, his realty company and Orphan Helpers, a multi-denominational Christian ministry he founded with his wife in 2000 dedicated to “serving and ministering to the spiritual, emotional, educational, and physical needs of orphaned, abused, and incarcerated children.” The group focuses on government-run orphanages and detention centers in El Salvador and Honduras.
He also expressed confidence the supervisors would reject the application, citing what he said is a “personal vendetta towards me by 3 members of the BoS.”
Garrett said he supports oyster farming and did not want to affect any other applications for land in the county to be used as part of oyster farming operations. Throughout the years, Garrett has frequently said he supports oyster farming in the Chesapeake Bay and its tributaries, as oysters act as natural filters to clean the water.
Garrett said he wants to remove his desire to run an oyster farm from the current property rights debate underway in the county.
The York County Board of Supervisors is considering amending the county’s zoning ordinance to erase some rights connected to livestock farming and the land-based elements of underwater farming on about 5,600 properties in the county. The considerations come after the General Assembly passed a new law in March restricting how the county can regulate farming activities on certain lands.
If approved, the application would have allowed Garrett to use about half an acre of the 6-acre waterfront property as part of his farm. He said he would have used about 9 acres of underwater oyster grounds from the Virginia Marine Resource Commission to house his oyster cages from the shores of his property to about 150 feet out into the York River.
The special-use permit application first went to the York County Planning Division, where Cross recommended the York County Planning Commission recommend the supervisors approve it subject to some conditions. The planning commission, which is tasked with reviewing land-use applications and issuing recommendations to the supervisors, was split 3-3 on the application when it considered Garrett’s bid in July.
The commission is made up of seven members, however commissioner Tim McCulloch, Garrett’s next-door neighbor and a fellow oyster farmer, recused himself from participating in the commission’s deliberations.
During the July planning commission meeting, Garrett said nobody looking at the property would be able to see power washers, cages or other equipment. He also agreed to limits on the number of employees who could work at the farm, an 8-foot screening fence, the number of daily outgoing pickup truck deliveries of oysters and the number of daily visits from commercial trucks.
At a public hearing in July, 19 people spoke in favor of Garrett receiving the permit and 12 were opposed. The July meeting was a continuation of the June meeting, when Garrett was originally scheduled to go before the planners. At the June meeting, he asked for and received a last-minute continuance. He presented the commissioners with a set of binders containing more than 140 letters sent to the planning division, with more than 130 supporting the farm and 11 opposing.
The battle between Garrett and county officials over the farm stretches back to 2010, when he tried to clear the farm with county officials by applying for a business license. That application was denied, prompting him to apply for a special-use permit at the recommendation of county staff.
He applied for a special-use permit, reaching the planning commission stage, where the commissioners voted unanimously to recommend the supervisors not approve the application. He then withdrew it.
In February 2012, he joined Seaford-based oyster farmer Anthony Bavuso in a lawsuit against the county, arguing they should be allowed to use their properties for oyster farming. A York-Poquoson Circuit Court judge agreed with them, however the county appealed to the Supreme Court of Virginia, which ultimately sided with the county.
Related Coverage:
- York County Planners Split on Garrett’s Oyster Application
- York Planners Accept Garrett’s Last-Minute Request to Delay Oyster Farm Application
- Greg Garrett Seeks to Clear Dandy Oyster Farm with York County
- Supreme Court of Virginia Sides with York County Against Oyster Farmers
- Supreme Court of Virginia Hears York Oyster Appeals
- Virginia Supreme Court Agrees to Hear York Oyster Farming Case
- York County Files Petition with Virginia Supreme Court Over Residential Oyster Farming
- York County to Appeal Rulings in Oyster Cases
- Judge Rules in Favor of York Oyster Farmers
- Circuit Court Hears Garrett Oyster Case
- Judge Delays Ruling in Bavuso Oyster Case
- Circuit Court to Decide Oyster Cases This Week
- Garrett Says Oyster Business is Legal, Takes York County to Court
