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Home My WebLink AboutAAC 2023-07-12AAC 2023-07-12 Approved Page 1 of 3 AGRICULTURE ADVISORY COMMITTEE July 12, 2023 In-Person Approved August 9, 2023 Present: Evan Carpenter (chair), Steve Foote (arrived 7.46pm), Kim LaMotte, Brian Magee Absent: Austin Beck Liaisons: Craig Schutt (Conservation Board) Staff: Loren Sparling (Deputy Town Clerk) The meeting was called to order at 7.36 p.m. Review and Approval of Minutes from Nov 9, 2022 On motion made by K LaMotte, seconded by B Magee, the minutes of Nov 9, 2022 were unanimously approved as written. Announcements In order to fill a vacancy, E Carpenter asked committee members if they knew of anyone who wanted to serve on the Agriculture Advisory Committee. No names were offered. Zoning Law Definitions Review The impetus for tonight’s meeting was to go over agriculture-related terms and definitions in the Town Zoning Law to make sure they match with those of the NYS Department of Agriculture and Markets (as laid out in Dryden’s Agriculture and Farmland Protection Plan). As the Town will soon have a new consultant coming on board to do the Zoning Law update, the Committee should be up to speed with these definitions in order to have the consultant prepared from the outset. K LaMotte noted that the State definitions pertaining to agriculture could be found on page 39 of the Agriculture and Farmland Protection Plan. B Magee had heard about farmers looking for good land to rent and wondered what the going rate was for an acre. Answers ranged from 90 to 95. Committee members surmised that the Town has not updated anything since the Plan was adopted (in March 2018). If they haven’t changed anything, it’s almost done for us. K LaMotte noted that, according to p. 39 of the Plan, the State feels that certain characteristics of an agricultural enterprise, as defined by Dryden in its Zoning Law, should be removed. So if you’re not generating $10,000 or don’t have seven acres, then you’re not a horse boarding operation, according to the State. “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.” C Schutt read this section as the Town not even having definitions for some activities. C Schutt disagreed with the State’s definition of Timber Operation. Like Horse Boarding, the State would like Dryden’s definition revised to eliminate acreage. E Carpenter observed that even though the State wants to eliminate the seven acre and $10,000 minimum gross receipts requirements, it is going the other way on tax-exempt sales tax by taking stuff off the list. It is now collecting sales tax on items that were previously tax-exempt. Does this apply to horses used for steeplechase? AAC 2023-07-12 Approved Page 2 of 3 At this point, Committee members were provided with copies of Chapter 270, Article III of Dryden’s General Legislation, the section that pertains to Zoning terminology. Years ago, the Committee was advised to only change things if an issue arose or if there was ensuing litigation. The Committee agreed that now is the time for changes due to the general Zoning Law update. Be proactive rather than reactive. K LaMotte noted that the State wanted the definition of Farm Stand to be changed. E Carpenter observed that a Farm Market is not listed as a permitted use in the Town. It requires a Special Use Permit. He related that for Agway to start its Farm Market, a Special Use Permit was obtained from Dryden Village. E Carpenter also raised the topic of agritourism. He didn’t know of any such enterprises in Dryden but cited the presence of Daisy Hollow Farm in Harford. This is an example of what somebody might want to do in Dryden (and certainly could). Jacques Schickel always has calves to create an agricultural farm life setting to complement his bed and breakfast. He has walking trails through the woods, and he re-did his barn for use as an event center. The State says that “agri-tourism enterprises are designed to attract the general public.” K LaMotte wondered if the Agriculture and Farmland Protection Plan mentions anything about horse racing. In regard to Commercial Horse-Boarding Operation, Dryden’s Zoning Law states that “under no circumstances shall this definition be construed to include operations whose primary on-site function is horse racing.” The Committee also noted that Farm Worker Housing is not addressed by Dryden’s Zoning Law. It needs to be in there. E Carpenter recalled that that was one topic that came to a head, and he didn’t know if the Town updated its zoning law accordingly. C Schutt recalled that the Planning Board had some discussions about this, that some members wanted to designate such housing as multi-family dwellings. E Carpenter added that there are so many old farmhouses out there which are currently used and have five electric meters on them that have been grandfathered in, that you can’t do that to begin with. What if you want to start fresh and build something close-by for your farm workers? C Schutt identified the bottom line as being that some of those old structures are housing more people than would be allowed by current law. K LaMotte summarized that the areas the Committee needs to focus on for the Zoning Law update are: 1) Agritourism (not included in current zoning law); 2) Commercial Horse Boarding (State recommendation to change wording); 3) Farm Markets (not included in current zoning law); 4) Timber Operations (State recommendation to change wording); and 5) Farm Worker Housing (not included in current zoning law). Farm Operation should also be changed to Agriculture. E Carpenter asked whether agritourism would be considered an Agriculture-Related Enterprise. If so, a special-use permit would be used to do that. C Schutt did not think that agritourism should be considered an Agriculture-Related Enterprise; such enterprises are more akin to selling seeds, equipment parts, etc. K LaMotte noted that there are things that shouldn’t require a special use permit, but that can be a topic for a later time. E Carpenter suggested the Committee meet with the consultant as soon as they come on board. Upon wondering if this was even a possibility, Committee members were informed that Jason Leifer now serves as the Town Board liaison to the Agriculture Advisory Committee. AAC 2023-07-12 Approved Page 3 of 3 E Carpenter then relayed his thoughts on the Town’s laws pertaining to solar and wind. Now that we have solar projects in town, we should review the relevant laws to see if they are working or if they need to be tweaked. K LaMotte further suggested that the Committee solicit input from NYS Ag and Markets. They were writing the rules and regulations at the State level at the same time that Dryden was writing the rules and regulations at the local level, just as the solar projects in town were being built. K LaMotte and E Carpenter suggested that the Committee first compare the solar guidelines of NYS Ag and Markets with those of Dryden, then meet with the Planning Board to review Dryden’s solar laws, and finally meet with the consultant for the Zoning update. The Committee was also advised to look at the wind laws. At present, only one (turbine) is allowed per parcel. He wondered how exactly a parcel was defined. By acreage? By tax ID number? What happens if a parcel is subdivided? K LaMotte identified that the State had a lot of issues with permitted uses. She suggested that the Committee read them over and agree or disagree with the State recommendations. She suggested that next month the Committee tackle some of the recommendations on special use permits in agriculture-related ventures. There being no further business, on motion made by S Foote and seconded by K LaMotte, the meeting was adjourned at 8.42 p.m. Respectfully submitted, Loren Sparling Deputy Town Clerk