HomeMy WebLinkAboutAAC 2025-10-09AGRICULTURE ADVISORY COMMITTEE
October8, 2025
In-PersonPresent:Evan Carpenter (chair), Doug Antczak, Kim LaMotteAbsent:Austin Beck, Steve Foote, Brian MageeLiaisons:Jason Leifer (Town Supervisor), Craig Schutt (Conservation Board)Staff:Allison
Kjellander-Cantu (Deputy Town Clerk)Guest:Pat Brenna
The meeting was called to order at 7:32p.m.and introductions were made.
Zoning Advisory Group UpdateD Antczak was present at the October 2nd meeting. The discussion of what this committee submitted to the ZAG occurred. During the last ten minutes of their
2-hour meeting,Pat Brenna also attended the ZAGcommittee meeting and noticed that theydid notwant to be bothered by what this board submitted for their review.
Do we need a new law? The areas of the NY Agriculture and Markets Law that pertain to this area of discussion are:
NY Agriculture and Markets Law (Sections 301, 305): It was determined that these state laws do not apply to the problem of confinement. Section 305-a only applies to farm operations
in an agricultural district. The primary function of Section 301 (11) is to define a "farm" for tax assessment and related purposes; it does not contain provisions that regulate how
animals must be confined to one's property.
NY Animals Law 373 (Article26): While this law covers stray animals, the committee concluded that its intent and application are focused on companion animals (e.g., dogs and cats), not
livestock. This makes it an unsuitable tool for addressing escaped goats, pigs, or other farm animals.
Confinement of Livestock
First and foremost is the concern for enforcement; the committee expressed deep skepticism about the town's ability to enforce a new law, notinga lack of capability in the dog control
officer or sheriff to handle escaped livestock and a perception that local judges are lenient in levying fines.
Lastly, the law must be carefully scoped to focus strictly on confinement, distinguishing it from animal welfare issues (which are covered byTompkins CountySPCA jurisdiction) and separate
zoning matters (e.g., the definition of a "farm"). The path forward involves redrafting the law to incorporate the committee's previous suggestions and introducing it to the town board
no earlier than January 2026.
Recurring Confinement Issues
The push for this proposal addresses a long-standing issue with a specific "hobby farm" in a Neighborhood Residential (NR) district, where various animals, including goats and dogs,
are repeatedly roaming, causing problems for neighbors.
The proposed law would hold individuals accountable for the proper containment of animals, particularly targeting "rogue farmers" who lack the necessary knowledge or care to manage their
animals effectively in residential areas. The primary challenges identified are significant.
The committee reviewedexisting laws from neighboring Towns and found them inapplicable or inadequate for livestock confinement.The core issues revolve around the inadequacy of existing
state and local laws, which primarily address agricultural tax status or stray companion animals rather than livestock confinement.
Fencing For Needs and Type
E Carpenter stated that a one-size-fits-all zoning rule for fencing is unworkable, and the discretion of the farmer is paramount.Proper confinement fencing is animal-specificand is
based on the needs of an animal. Fencing adequate for chickens would be insufficient for Muscovy ducks that fly or Arcana hens that can flutter up to twelve feet.
Animal Welfare Concerns
Pat Brenna, resident ofDeerhaven Drive,is here tonight because she is concerned about the well-being of the animals. A neighboring property to her is housing animals on a parcel of
less than two acres in a Neighborhood Residential (NR) district. They are maintaining a collection of animals in a manner that has created significant conflict with neighbors.
She has documented repeated escapes and irresponsible animal management over the years. It was noted that she has seven years' worth of videos and pictures documenting these incidents.The
property houses a substantial number of animals, raising concerns about density and welfare. The documented animals included goats (at least one pair, another mother, and approximately
five kids), a pig, a turkey, three dogs, rabbits, and a coop of chickens.Repeated complaints to the dog control officer(DCO) and other authorities have yielded little result. Neighbors
report pushback from the DCO, which requires 15 minutes of documented barking before responding.
While the proposed law focuses on confinement, the underlying case involves serious animal welfare concerns. Again, as stated before, this all falls onto who will enforce the law.The
recommendation for P Brenna is to report this situation to the DEC and SPCA to help with whatactions to take next.
Defining a "Farm"
The committee also discussed the Right to Farm Law, clarifying that its original purpose was to protect existing, established farms from complaints by new residential neighbors. This
is the opposite of the current issue, where a new, quasi-agricultural operation moves into an established residential area and is a nuisance.
Finally, the discussion touched on the long-standing challenge of defining a "farm." Members recalled that the committee had struggled with this definition for five to ten years in the
past. There was an apparent consensus to move forward with a law focused purely on confinement, thereby avoiding getting bogged down once again in the complex and contentious task of
redefining "farm" for zoning purposes.
This pragmatic approach allowed the committee to shift its focus from legal theory to the next concrete steps for the draft legislation.
Legal Wording
J Leifer has committed to revising the draft.
Penalty Structure
The draft law, based onan ordinance from the Town of Colonie, included a penalty of 15 days in jail. This sparked discussions on whether the offense should be a civil matter with fines
or a criminal-level violation. It was noted that in New York State, a misdemeanor conviction remains on a person's record permanently without the possibility of expungement.
There being no further business, the meeting was adjourned at 8:35p.m.
Respectfully submitted,
Allison Kjellander-Cantu
Deputy Town Clerk