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HomeMy WebLinkAbout2014-04-16Page 1 of 6 Dryden Agricultural Advisory Committee April 16, 2014 Members Present: Evan Carpenter (Chair), Kim LaMotte, Doug Barton, Brian Magee, and Joe Osmeloski Town Hall Representative: None Present Town Board Liaison: Jason Liefer and Greg Sloan (not present) Planning Board Liaison: Craig Anderson Conservation Board Liaison: Craig Schutt The meeting was opened at 7:35PM by Chairman Carpenter Discussion of potential zoning changes: See attachment one. J. Osmeloski moved that the Dryden Agricultural Advisory Committee send a copy of the proposed changes to the Dryden Zoning Ordinance to Robert Somers, Department of Agriculture and Markets, for his consideration. D. Barton seconded the motion and the Committee unanimously agreed. Review of Comprehensive Plan Goals and Objectives: See attachment two. Ag Protection Grant: It has been sent back to J. Nicholson asking for more information. C. Schutt and J. Osmeloski have agreed to work with J. Nicholson to provide the required information. Discussion of Open Space definition: The definition as offered by the Conservation Board was read and discussed. The Ag Committee had several comments and suggestions, including the opinion that most of the Open Space definitions are related to how open space is beneficial to the property around it. J. Osmeloski pointed out that has nothing to do with the actual definition; he and the Committee agree that they simply want to define what the open space is. D. Barton asked what the consequences will be if the Town does not define Open Space. C. Anderson said that it has already been defined in the Zoning Ordinance. The concern about the definition is based on the fact that once it has been defined, then they can regulate it as they choose. Substantial concern was expressed about the Open Space replacing the CEAs. The Committee decided that without understanding the context in which the term will be used, they are unable to actually generate an accurate definition. J. Osmeloski offered the following resolution: The Dryden Agricultural Advisory Committee has determined that they are unable to accurately determine a definition of “Open Space” without knowing the context in which the term will be used. They therefore request additional information regarding the goal or reason for the Town Board’s charge to define Open Space as given to the Conservation Board. Page 2 of 6 Draft The motion was seconded by D. Barton and unanimously approved. Review and approval of minutes from March 19th. D. Barton moved to approve the minutes, J. Osmeloski seconded the motion and the minutes were approved unanimously. There being no further business, D. Barton moved to adjourn at 9:15PM. Respectfully Submitted, Erin A. Bieber Deputy Town Clerk Page 3 of 6 ATTACHMENT #1 “P” means the use is allowed as of right, but in many cases requires a Site Plan Review; Section 501: Allowable Use group Chart “SUP” means the use requires a Special Use Permit; “X” means the use is not allowed in that particular district; “AR” means the use would be allowed as of right; Use Tables; “Farm Operation” as defined by NY Ag and Markets Law and operates within the County Ag. District Uses Zoning District Agricultural-Related Enterprise AR AR AR AR AR AR AR NR RR RA CV H MC LIO Agro-tourism AR AR AR AR AR AR AR Commercial Horse Boarding AR AR AR AR AR AR AR Equine Operation AR AR AR AR AR AR AR Farm Operation AR AR AR AR AR AR AR Farm Stand AR AR AR AR AR AR AR Farm Workers Housing AR AR AR AR AR AR AR Mining for Agricultural Activities AR AR AR AR AR AR AR Nursery/Greenhouse Retail AR AR AR AR AR AR AR Timber operation AR AR AR AR AR AR AR AD – New York County Agricultural District; Section 400: Zoning Districts; The purpose of agricultural districting is to encourage the continued use of farmland for agricultural production. This New York State Agriculture and Markets program is based on a combination of landowner incentives and protections, all of which are designed to forestall the conversion of farmland to non-agricultural uses. Included in these benefits are preferential real property tax treatment (agricultural assessment) and protections against private nuisance suits involving agricultural practices, government funded acquisition or construction projects, and overly restrictive local laws. 2011 New York Agricultural District Map of Dryden Section 401: Zoning Maps: Appendix B. Page 4 of 6 Draft Definitions Agro-tourism “The public visiting any working Farm Operation or Agricultural Related Enterprise for the purpose of enjoyment, education or active involvement in the activities of a Farm Operation. As defined in New York Agriculture and Markets Law.” Agricultural Related Enterprise Add; “as defined in New York Agriculture and Markets Law” Delete Agricultural Use Change to “Farm Operation” Auto Salvage/Junk Yard Add; “shall not apply to Farm Equipment being stored on a Farm Operation” Commercial Horse boarding Add; “as defined in New York Agriculture and Markets Law” Equine Operation Add; Equine Operation recommended definition, “as defined in New York Agriculture and markets Law” Farm Operation Add; “as defined in New York Agriculture and Markets Law” Farm Stand Remove: the word “seasonal” and add, “as defined in New York Agricultural and Markets Law” Farm Worker Housing “On farm buildings used for on-farm housing of permanent and seasonal employees, as defined in NY Agriculture and markets Law Add; see “Farm Worker Housing” to Boarding House definition Junk Yard “shall not apply to Farm Equipment being stored on a Farm Operation” Mining for Ag. Activities The on the farm excavation, removal and disposition of minerals in the aid of agricultural activities. See Sec. 1304: H. 2. And as defined in New York Agriculture and Markets Law. Removal of 1000 tons or 750 yards of minerals, whichever is less, from the earth within 12 calendar months may be subject to NY DEC jurisdiction. Nursery/Greenhouse Add; “as defined in New York Agriculture and Markets Law” Page 5 of 6 Signs, Section 903: Add; “E. The above shall not apply to a Farm Operation or a Farm Stand” Add; Table 1, h. “Farm Operations” and Farm Stands Change; Number of signs (3) to “No Maximum” Change; Maximum Sq. /ft. (16) to “32” Timber Operation Add; “as defined in New York Agriculture and markets Law” ATTACHMENT #2 Comprehensive Plan 2. Agriculture Dryden has long been supportive of local agriculture, as evidenced by the Town’s Right to Farm Law, and zoning that has permitted agriculture in all districts. This comprehensive plan will build on existing strengths by taking the steps outlined below. Goal Promote the long-term economic viability of the agricultural community in the town, and preserve agricultural land resources, without unduly infringing on property rights. Objectives Adopt land use regulations which grant agriculture primacy as a land use in areas zoned for agriculture, and which recognize the nature of contemporary agricultural enterprises in those areas of the town designated for agricultural use in this comprehensive plan. Agriculture and related enterprises will continue to be permitted in other areas throughout the town, but will have special rights in the areas where primacy is granted. The farmers agree that the Comp Plan has met this objective. However, the objective was too narrow; it only applies to areas that have already been determined to be zoned Ag. It is very limited, preventing farmers from engaging in certain Ag practices in other zones even though farming has been historically been permitted. Direct inappropriate intensity levels of residential development away from productive agricultural areas of the town to minimize loss of higher quality agricultural lands, the unnecessary fragmentation of agricultural land resources, and the potential for conflicts between farm and non-farm residents. To the extent possible, use non-regulatory methods to achieve this objective. No, this has not necessary happened. In some areas, zoning has been changed to permit development of housing on and around land that was formerly Ag. An example provided is on Page 6 of 6 Draft Bradshaw Road where several parcels were changed from ag (it used to be a minnow farm) and has been changed to rural residential. It is not directing development away from farm land. The committee did agree that PDRs have been encouraged. Encourage investments in public infrastructure, such as extensions of public water or sewer service, if, when, and where such services become necessary for agriculture related operations. This objective does not appear logical to the farm committee. There would be no need for public water or sewer on a farm. There wasn’t any discussion about other farm related enterprises but based on the objectives and goals of the Agriculture section, this objective is not viable. Permit commercial retail and service enterprises that serve the needs of the agricultural community. Yes, although the committee couldn’t determine whether this has been tested. Promote the continued stewardship of the land through agricultural practices that minimize soil erosion, surface water runoff and water pollution. The Committee’s first reaction was that the farmers are the stewards, not the Town. No, this is not within the purview of the Town; Soil and Water, DEC, etc cover this objective. Maintain a Town Agricultural Advisory Committee that will review and make recommendations regarding proposals for local ordinances that may affect agricultural practices and lands. Yes. The Town of Dryden created an Ag Advisory Committee but not until after the Zoning Ordinance was established. The farmers feel this should have been done before the Zoning was established so they could have input in the Ordinance. Promote the use of existing programs to enhance the viability of agriculture and to protect farmland, as provided through the NYS Department of Agriculture and Markets, the Tompkins County Soil and Water Conservation District, and other governmental and private non-profit organizations. Yes, the Farmland Protection Grant, PDRs, etc. It is a work in progress.