The URL can be used to link to this page

Home My WebLink AboutAAC 2023-09-13AAC 2023-09 -13 Approved Page 1 of 6 AGRICULTURE ADVISORY COMMITTEE September 13, 2023 In-Person Approved November 08, 2023 Present: Evan Carpenter (chair), Austin Beck, Steve Foote (until 8:22 pm), Kim LaMotte, Brian Magee Liaisons: Craig Schutt (Conservation Board) Staff: Loren Sparling (Deputy Town Clerk) The meeting was called to order at 7:37 p.m. Review and Approval of Minutes from August 9, 2023 The minutes from August 9. 2023 were not published in time for the Committee to read them. Approval was postponed until next month. The Committee resumed their business from last month of resolving the recommendations made in the Agriculture and Farmland Protection Plan with the definitions used in Dryden’s Zoning Law. Farm Markets Dryden’s current Zoning Law does not have a definition for Farm Markets. Dryden’s Agriculture and Farmland Protection Plan states: “Farm Market is not listed as a permitted use in the town. A farm market is a distinctive retail enterprise that can enhance the economic viability of farms. Unlike a seasonal farm stand, a farm market is generally housed in a permanent structure and may operate year-round. As a result it may also feature purchased fruits and vegetables, sales of baked goods, processed foods, plants and landscape materials, and agriculture-related dry goods. The key is to define a farm market in a manner that distinguishes it from generic retail businesses. … Farm markets have the potential to generate traffic and other impacts, and as a result farm markets should be subject to site plan review” (35). The Plan also recommends: “If Farm Market is added as a permitted use then there should be a definition for this use in the Zoning Law. A suggested definition is: ‘A permanent structure and accessory use to an existing agricultural operation, with or without appurtenant open display area, for the retail and wholesale sale of agricultural produce and other natural, processed or manufactured food products which are directly linked to and promote the use and sale of agricultural products’” (39). Committee members think that farm markets should be listed as a permitted use. K LaMotte noted that the Zoning Law defines Farm Stand as “a seasonal or temporary stand for the sale and display of farm products.” E Carpenter recalled that Dedrick’s and Ludgate’s went from being seasonal stands to year-round enterprises; B&B Farms near NYSEG is still seasonal. K LaMotte wondered how one distinguishes a farm market from a generic retail business; B&B Farms and Dedrick’s are not really farms. E Carpenter emphasized that Dedrick’s does grow its own sweet corn (on Mott Rd); when Max was running B&B Farms several years ago, the only thing that he grew was garlic. AAC 2023-09 -13 Approved Page 2 of 6 The Zoning Law defines a Retail Business as “any business involving the sale in small quantities of a larger inventory of items to transient customers whether in a shop or other building, or electronically or by mail.” From this, A Beck surmised that, to define a Farm Market, the Committee had to define the type of product that is being sold there, as distinct from those sold at a grocery store. K LaMotte stated that this then goes back to the initial question of ‘do they grow any of it.’ E Carpenter asked what percentage of it do they need to be growing? Volume-wise, dollar-wise, item -wise? A Beck felt that a Farm Market is a retail establishment where the owners are producing some sort of percentage of the stock. Yet Dedrick’s is not growing all the flowers that it sells; most of their stock is brought in, save for the corn that they grow. K LaMotte was wary to assign a percentage value, as it may eliminate a current business. A Beck felt that Dedrick’s is in actuality a Retail Store, although they call themselves a Farm Market. He understands the reasoning behind the name, as people expect produce and flowers when they go to a Farm Market. In order to define a Farm Market, A Beck didn’t know how to get away from specifying a percentage of what’s grown on the property. Farms have acreage; there is no acreage with places like B&B Farms or Dedrick’s because it is a separate business. He doesn’t see another way to define a Farm Market than by the acreage of what is produced, otherwise it would be just the same as a Retail Store. E Carpenter inquired what the disadvantage was of not allowing or not defining a Farm Market C Schutt referred back to the Plan’s suggested definition of a Farm Market. This does not say that the products have to necessarily be from that owner, and by that logic, Dedrick’s fits. The Committee decided to merge the current Zoning Law’s definition of Farm Stand with the Plan’s recommended definition of Farm Market, and settled on the following definition of a Farm Market for incorporation into the Zoning Law: FARM MARKET - A seasonal, temporary, or permanent structure and accessory use to an existing agricultural operation, with or without appurtenant open display area, for the retail and wholesale sale of agricultural produce and other natural, processed or manufactured food products which are directly linked to and promote the use and sale of agricultural products. “Farm Stand” will be deleted from the Zoning Law. Agricultural Tourism / Agritourism Dryden’s current Zoning Law does not have a definition for Agricultural Tourism / Agritourism. Dryden’s Agriculture and Farmland Protection Plan states: “… there are no provisions to permit agricultural tourism in the Town of Dryden. The Zoning Law does permit a land use referred to as ‘agriculture-related enterprise,’ but the definition does not appear to cover agricultural tourism. The town may want to consider adding agricultural tourism to the Business Group of permitted land uses and add a definition to the zoning regulations. … Site plan approval is an appropriate tool that can ensure that the health and safety of the general public and patrons of an agricultural tourism operation is protected, and to ensure that AAC 2023-09 -13 Approved Page 3 of 6 adequate facilities for parking and safe ingress and egress from public highways are provided” (35). The Plan continues: “There is no definition for agri-tourism in the Town of Dryden Zoning Law. The definition should be crafted in a manner that 1) describes the land use activities envisioned as part of an agri-tourism enterprise; 2) protects the town from unanticipated ones; but 3) permits some flexibility in interpretation. “An example of a definition for agri-tourism is: ‘Recreational, educational and entertainment activities operated in conjunction with and subsidiary to an active farm operation, as part of an overall direct marketing strategy that contributes to the production, preparation and marketing of crops, livestock and livestock products, and including activities such as petting zoos, hayrides, corn mazes and other such recreational activities, educational demonstrations, the onsite processing of foodstuffs and sale of prepared foods comprised primarily of ingredients produced on the premises for consumption on site and off site.’ “The above definition provides for the types of retail and food service activities typically found at wineries and other agri-tourism destinations and ties them to an active farm operation. It thus eliminates the need to permit land uses such as the generic ‘retail businesses’ and ‘restaurants’ currently permitted in the Rural Residential and Rural Agricultural zoning districts” (39). E Carpenter asked if Iron Kettle Farm makes most of its money from people buying pumpkins. The other Committee members responded that it makes its money from people buying their stuff; at a lot of similar places, they are not even selling their own product. A Beck disagreed with the definition of Agritourism provided by the Plan, especially the clause that everything sold is prepared there, grown there, and produced to be sold there, and that is not true. Agriculture is indeed promoted, but you’re not necessarily producing it. E Carpenter noted that Emily Harding’s sole business (on 10-15 acres in Cortland County) is agritourism. She caters to schoolkids and camps, both on her farm and at the schools. She’s not paying the mortgage by selling baby bunnies or the goat’s milk soap she makes; it’s by charging people to wander around the farm. C Schutt added that for her, the clause that an agritourism operation be “subsidiary to an active farm operation” does not apply; she has her own place and does her own thing. E Carpenter affirmed that her business is agritourism; it is not affiliated with a larger dairy or vegetable operation. For K LaMotte, this discussion touched upon her foundational questions: what is a farm? what is agriculture? Having a horse or a goat is not agriculture. E Carpenter countered that Harding is making a living off of that little farm, and anything that promotes agriculture, we want to encourage. A Beck saw production with substantial income as the key towards defining Agritourism. There are many places that bring in people just for a corn maze, pumpkin launcher, and/or petting zoo, very much like the Iron Kettle, and they might have a food truck vendor; but that is a substantial business, and that is really popular. Would Jacques Schickel’s event center/barn – with walking trails around its fields, woods, and pastures, and a few calves for agricultural ambience – constitute agritourism? The Committee settled on the following definition of Agricultural Tourism / Agritourism for incorporation into the Zoning Law: AAC 2023-09 -13 Approved Page 4 of 6 AGRICULTURAL TOURISM / AGRITOURISM - Recreational, educational and entertainment activities operated as part of an overall direct marketing strategy that contributes to the production, preparation and marketing of crops, livestock and livestock products, and including activities such as petting zoos, hayrides, corn mazes and other such recreational activities, educational demonstrations, the onsite processing of foodstuffs and sale of prepared foods for consumption on site and off site. Farmworker housing Dryden’s current Zoning Law does not have a definition for Farmworker Housing. Dryden’s Agriculture and Farmland Protection Plan states: “Farmworker housing is not listed as a permitted use in the town. Farmworker housing is generally considered an accessory use to an agricultural operation, and should be listed as a Permitted Use in the Allowable Use Groups Chart, in the NR-Neighborhood Residential, RR -Rural Residential, RA-Rural Agricultural, [CV-]Conservation and H-Hamlet zoning districts. With the trend in acquisitions of smaller farms and consolidation of farm operations, often the leftover farm houses are re- purposed as farmworker housing. Because these houses are located on a tax parcel separate from the main farm operation, their use as farmworker housing would not qualify as an accessory use under New York zoning law and practice. Hence listing them as an accessory use in the Zoning Law could be too restrictive. Definition language should be crafted in a manner to ensure that any housing described as ‘farmworker housing’ will be an accessory use to an active farm operation, regardless of whether it is on the same parcel, or a separate parcel” (35). The Plan continues: “There is no definition of Farm Worker Housing. NYS Ag District Law includes on-farm buildings as part of a farm operation, and Ag and Markets identifies farm worker housing as an on-farm building. Ag and Markets guidance document ‘Guidelines for Review of Local Laws Affecting Farm Worker Housing’ defines farm worker housing as ‘Housing, including manufactured housing, used for the on-farm housing of permanent or seasonal employees.’ Further, since Ag and Markets’ definition of a farm operation includes ‘… farm operations may consist of one or more parcels of owned or rented land, which parcels may be contiguous or noncontiguous to each other’” (40). S Foote was uncomfortable with restricting farmworker housing to a farm parcel. What if an opportunity arose to obtain a residence down the road that could be converted? K LaMotte responded that this would be a separate parcel and an accessory use to an active farm operation. K LaMotte stated that this needs to be listed as a permitted use. C Schutt added that it needs to be distinct from Boarding Houses. The Committee agreed that the Plan’s definition of Farmworker Housing was acceptable for incorporation into the Zoning Law: FARMWORKER HOUSING - Housing, including manufactured housing, used for the on- farm housing of permanent or seasonal employees. Such housing will be an accessory use to an active farm operation, regardless of whether it is on the same parcel, or a separate parcel. Horse-Boarding Operations Dryden’s current Zoning Law defines a Commercial Horse -Boarding Operation as follows: “An agricultural enterprise, consisting of at least seven acres and boarding at least 10 horses, regardless of ownership, that receives $10,000 or more in gross receipts annually from fees generated either through the boarding of horses or through the production for sale of crops, livestock, and livestock products, or through both such boarding and such production. AAC 2023-09 -13 Approved Page 5 of 6 Under no circumstances shall this definition be construed to include operations whose primary on-site function is horse racing” (§270-3.2). Dryden’s Agriculture and Farmland Protection Plan states: “Commercial Horse Boarding Operation is not listed as a permitted land use. Although included in the definition of “Farm Operation,” such enterprises have impacts that differ from farm operations, including traffic impacts due to their public nature. Also the definition should be revised to add ‘riding lessons, including trail riding activities or training horses …’ to better conform to the Agriculture and Markets definition. Because they are generally open to the public, they may also warrant site plan review, subject to standards that would include adequate provisions for handling the manure waste generated” (35). The Plan also recommends: “The definition of Commercial Horse Boarding Operation should be revised to eliminate the seven acre, 10 horse and $10,000 minimum gross receipts. While relevant with regard to eligibility for agricultural assessment – a State program – these minimums have no relevance with regard to land use planning, or managing development” (39). E Carpenter recalled that the Committee was pushing to eliminate the seven acre minimum acreage needed to have a property tax exemption. Currently at smaller horse- boarding operations, you can still board horses, but not qualify for property tax exemptions. K LaMotte acknowledged that this should be listed as a permitted use, and that the quantity requirement (10 horses) be stricken. A Beck wondered if boarding one horse would be considered a horse-boarding operation. E Carpenter offered the possibility of a horse trainer boarding one horse during training, alongside their own. Ultimately, both the quantity requirement and the acreage requirement were removed. Discussion turned to horse racing and the Zoning Law clause prohibiting the commercial boarding of horses at “operations whose primary on-site function is horse racing.” There is a resident in the Town who trains horses to race, but does not race them on his property. The Committee reasoned that the primary drive behind inclusion of this clause was betting and the draw of crowds. The Committee didn’t see this as being an agricultural enterprise, and so let it stand. A Beck wondered if the acreage requirement should remain, figuring that there must be a NYS regulation that sets the maximum quantity of horses allowed per acre. E Carpenter likened this to the horse manure management plans that the EPA uses to regulate CAFOs. K LaMotte confirmed via the Internet that, according to New York State, a “commercial horse boarding operation does not include any operation whose primary on-site function is horse racing.” E Carpenter could not find any acreage amount specified per horse, but it does say to conform with Ag and Markets; they may also warrant site plan review subject to standards that would include adequate provisions for handling of manure waste generated. Ag and Markets does have a site plan review for horses, just as they do for other animals. K LaMotte confirmed that Ag and Markets Law §301(13) “defines the term ‘commercial horse boarding operation’ as ‘… an agricultural enterprise, consisting of at least seven acres and boarding at least ten horses …,’” the same as what is defined in Dryden’s Zoning Law. From this, A Beck wondered if there was a difference between a Horse-Boarding Operation and a Commercial Horse-Boarding Operation. The numbers exist to qualify for the Ag exemption. For a Commercial Dairy Farm, do you need 1200 cows? AAC 2023-09 -13 Approved Page 6 of 6 Returning to basics, K LaMotte stated that horse-boarding should be allowed. Yet she didn’t understand why a Dryden operation would want to be considered commercial. E Carpenter wondered if there was a sales tax exemption associated with being commercial. The Committee thought so, in light of NYS Department of Taxation and Finance form ST-125. K LaMotte explained that the Committee is not concerned about agricultural assessment or sales tax, but about what is allowed – training horses, boarding horses. E Carpenter further elaborated that the Committee does not have to go into quantity and acreage because that pertains to a commercial horse-boarding operation, which is state-defined. The Committee reset, stating that Commercial Horse-Boarding Operation be replaced with the more generic Horse-Boarding Operation, and that Horse-Boarding Operation be a permitted use within the Town. Discussion then turned to whether horse-boarding operations should be considered agricultural, and the wide scope of what is considered agriculture. E Carpenter acknowledged that he didn’t necessarily want to put a dollar amount to it, but wanted the Committee to consider if it was for an owner’s own consumption or for retail sale. We are trying to keep Zoning from regulating farms, so what are we calling a farm so as not to be regulated? What is going to be allowed to be farming by right? A Beck observed that the Committee was going back-and -forth between themselves because they were saying that they wanted to include those that want to keep their operations small, yet do not want to include them because they do not want to trend in that direction. If we do not want to trend in that direction, we should keep it Commercial and stick with the Ag and Markets definition. The Committee agreed to the following amended version of Commercial Horse-Boarding Operation: COMMERCIAL HORSE-BOARDING OPERATION - An agricultural enterprise, consisting of at least seven acres and boarding at least 10 horses, regardless of ownership, that receives $10,000 or more in gross receipts annually from fees generated through the boarding of horses, training of horses, or riding lessons (including trail riding activities), or through the production for sale of crops, livestock, and livestock products, or through both such boarding and such production. Under no circumstances shall this definition be construed to include operations whose primary on -site function is horse racing. There being no further business, on motion made by K LaMotte and seconded by A Beck, the meeting was adjourned at 8:57 p.m. Respectfully submitted, Loren Sparlin g Deputy Town Clerk