HomeMy WebLinkAboutAAC 2026-05-13 ApprovedAAC 2026-05-13
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AGRICULTURE ADVISORY COMMITTEE
May 13, 2026
In-Person
Present: Evan Carpenter (chair), Doug Antczak, Kim LaMotte
Absent: Austin Beck, Steve Foote, Brian Magee
Liaisons: Craig Schutt (Conservation Board)
Guests: Craig Anderson
The meeting was called to order at 7:43 p.m.
172 Ed Hill Subdivision Update
At the center of this all is the possibility that the proposed conservation subdivision
approach could effectively increase development intensity relative to the current baseline
standard of approximately two acres per dwelling. Under clustered development provisions,
smaller individual lots — potentially approaching one acre or less — could be permitted if a
substantial percentage of the parcel is preserved as open space. Committee members agreed
that without explicit formulas demonstrating how this redistribution works in practice, it is
impossible to evaluate whether the proposal meaningfully preserves farmland or instead
concentrates greater residential density into rural areas.
Current Standard: Two acres per dwelling in rural/conservation areas.
Proposed Requirement: Approximately 50% of land must be set aside for conservation
purposes.
Calculation Method: Density is currently calculated by subtracting constrained land
(creeks, steep slopes, wetlands, ponds) from the total acreage. For example, a 100-acre
parcel with 30 constrained acres leaves 70 acres for development.
The Problem: The formula for how the remaining unconstrained land translates into
buildable lots is currently undefined in the available drafts.
Procedural recommendations
The committee recommended extending the review timeline by approximately 90 days to
allow for additional technical analysis and public understanding.
Suggested next steps included:
• Preparation of visual build-out models for representative farm parcels ranging
from 50 to 300 acres.
• Publication of clear density tables and formulas.
• Inclusion of comprehensive definitions within the draft law before advancement
toward adoption.
Structural Changes to Subdivisions
The proposed zoning aims to move away from larger land lot developments where
parcels might range from 3 to 20 acres toward cluster subdivisions. C Anderson stated from his
experience, he mentioned to the members.
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Internal Access, the planning board seeks to discourage building directly on public
roads to maintain rural aesthetics. Development is encouraged along internal roads or
cul-de-sacs.
Lot Sizes, in cluster models, houses would be situated on smaller lots approximately
one acre, leaving larger contiguous blocks of open space.
Flag Lots, current and proposed laws allow up to four lots on a common driveway. A
fifth lot would require the construction of a private road built to town specifications.
Conservation Area Classifications
The draft distinguishes between primary and secondary conservation areas, though
there is noted confusion regarding where agricultural land fits into these categories.
C Anderson read the definitions of from page 4 step 1.
Primary Conservation Areas- an area delineated in the conservation subdivision to
have priority resources areas to be conserved including but not limited to streams,
wetlands, floodplains, critical habitats, steep slopes, rocky outcrops, and agricultural
lands in some drafts.
Secondary Conservation Area- shall be delineated in the conservation subdivision to
have unique resources areas to be conserved including but not limited to healthy
woodlands, ecological features, soil stabilization, hedgerows, historical structures, and
visually prominent features knolls.
Note: Committee members observed that agricultural land was previously listed in both
categories, leading to confusion over its priority level.
The committee expressed frustration that the 147-page document is being fast-tracked without
adequate review by the agricultural community. Several members said the process is moving
too quickly and questioned why planning is pushing it forward so rapidly. And it appears that
this version that went out today doesn’t have the agriculture in both primary and secondary
has been removed from this draft, D Antczak stated.
Agricultural and Environmental Concerns
The committee highlighted a disparity between the protection of environmental features
and the protection of working farmland.
Lack of "Teeth" for Agriculture: While wetlands and habitats are protected by state and
federal mandates, agricultural preservation in these documents is viewed as
suggestions rather than requirements.
Suburban vs. Working Farm Models: There is a concern that conservation space in
subdivisions often becomes suburban open space (e.g., horse pastures or meadows)
rather than viable land for active farming.
Impact on Large Tracts: Questions remain about whether a large farm of 300–400 acres
could be incrementally subdivided via minor subdivisions to bypass major conservation
requirements.
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Updates to Town Zoning and Conservation Subdivision Laws
As several members emphasized, the unresolved “missing link” is the absence of
finalized density tables and mathematical formulas for calculating allowable dwelling units.
Until those calculations are transparent and tested, the practical effects on land consumption,
agricultural viability, and rural character remain speculative.
Density uncertainty. Members noted substantial ambiguity regarding how density
bonuses or allowable unit counts would be calculated, especially when distinguishing
between constrained land, active farmland, and permanently conserved open space.
Questions remain about whether conserved acreage can still contribute toward total
density calculations and how environmental constraints reduce or redistribute
development rights.
Transition toward cluster or conservation subdivision design. The proposed
framework appears to move away from traditional large-lot subdivision patterns and
toward clustered housing arrangements. Under this model, homes may be concentrated
on smaller lots while larger portions of the parcel remain undeveloped as open space,
agricultural land, or conservation areas. The intent is to preserve scenic character,
reduce fragmentation, and minimize road-front visual impacts.
Agricultural vulnerability. Committee members repeatedly distinguished between
environmental conservation and agricultural preservation. Wetlands, streams, and
steep slopes often receive protection through existing state and federal regulations,
whereas farmland preservation relies much more heavily on local implementation.
Members expressed concern that the proposed law may provide stronger protection
mechanisms for ecological resources than for active agricultural operations.
Skepticism from past enforcement failures. Several participants referenced prior
subdivision experiences, including Bluebird (former Dryden Lake golf course) and Ellis
Hollow, where setbacks, easements, or conservation requirements were perceived as
inconsistently enforced over time. These examples contributed to concerns about the
town’s administrative capacity to monitor and enforce more technically complex
conservation subdivision regulations.
Administrative Oversight and Enforcement Failures
Members discussed revealed deep-seated distrust in the town's ability to enforce zoning
laws based on past experiences:
Instances were cited where houses were built within conservation easements or
past setback lines because of builder error and lack of town oversight.
Residents in previous subdivisions cut trees in protected areas or altered
stormwater management systems without repercussions.
Often, the burden of enforcement falls on Homeowners' Associations (HOAs) or
individual neighbors rather than the town.
A recommendation from C Anderson to require builders to pin the corners of a
foundation and then have a survey conducted before construction proceeds to ensure
compliance with setbacks.
Density Bonus was brought up in an email from Tony and C Anderson knows from his
experience the only one locally is in Varna. Density bonus reads the context of the town's
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zoning discussions; a density bonus is an incentive mechanism that allows developers to build
at a higher density (more houses or units per acre) than standard zoning rules would typically
permit. These bonuses are granted to encourage developers to meet specific community goals
they might not otherwise prioritize.
Current Proposal and Status
A request was made to include a density bonus provision (as item number nine) in the
updated conservation subdivision standards. However, Tony (a lead official/consultant on the
project) did not include it in the recent update, stating:
• The conservation subdivision standards section is not the appropriate place for
the concept.
• Density bonuses are better suited for water zoning purpose statements or as a
standalone section of the code.
• They should be addressed in a general context rather than being tied strictly to
conservation subdivisions.
How Density Bonuses Work
C Anderson provided several examples of how these bonuses function as incentives:
Rehabilitation: In Varna, developers can receive a bonus for rehabilitating old property,
such as tearing down a dilapidated house to build something new.
Energy Efficiency: Meeting LEED standards for energy efficiency can result in a bonus.
In one mentioned case, this allowed for an additional two units per acre.
Affordable Housing: A developer might be granted an extra lot or a fifth lot in a minor
subdivision if they agree to set aside a unit for affordable housing at a lower price point
(e.g., $30,000).
Recreation: Bonuses can be offered if a builder agrees to build a park or provide other
recreational amenities.
While these incentives can significantly increase density—potentially raising it from four
units per acre to fourteen units per acre in urban settings like Varna—they have not yet been
used extensively in other parts of the town. Furthermore, the specific mathematical formulas
for these bonuses are typically contained in density tables, which participants noted had not
yet been released for public review.
The committee intends to send their request to the Town Board and Planning Board
emphasizing that agricultural land represents 25% of the town and requires a more measured,
transparent review process.
Formal Requests
90-Day Review Period: To allow committees and landowners sufficient time to analyze
the document, especially given the demands of the planting season. There is a
difference between the Agriculture and Conservation Districts.
Build-Out Models: A request for Nan Stolzenburg (consultant) to provide visual models
showing how a 50-acre, 100-acre, and 200-acre farm would be developed under the new
rules.
Density Tables: Immediate release of the finalized density formulas and tables.
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Clarification of Incentives: Understanding Density Bonuses incentives for developers to
provide affordable housing or public parks in exchange for additional units.
Integration of PDRs: Investigating whether Purchase of Development Rights (PDR) or
existing conservation easements e.g., NRCS can satisfy the 50% open space
requirement.
There being no further business, the meeting was adjourned at 9:16 p.m.
Respectfully submitted,
Allison Kjellander-Cantu
Deputy Town Clerk