HomeMy WebLinkAbout2017-2-23 AG COMMITTEE MINTUESTown of Ulysses
Agriculture Committee Meeting
Minutes
February 23, 2017 with Changes Approved March 9, 2017
Committee Member Present: Chaw Chang, Krys Cail, John Gates, Mark Ochs, Gre g Reynolds
Excused: Nancy Zahler
Guests: Debbie Teeter/CCE, John Wertis
Call to order 5:45 p.m.
Announcements:
• Chaw reported e-mailing Darby asking for information that appears to be missing, i.e. the manure
regulations. There was discussion about the proposed solar farm.
• Chaw e-mailed and sent the draft document to Matt Brower for Ag and Markets review and
comment. He provided information about the Ag Committee’s concerns.
• Debbie circulated a flyer for the upcoming Ag Summit. She will e-mail Supervisor and deputy
supervisors to ask the Town to cover registration cost for Ag Committee members.
Approval of minutes: Motion by Greg to approve the February 16th meeting notes, second by Chaw,
approved without dissent, one abstention.
Old Business
1. Review of Solar Project Comments: Chaw e-mailed comments on this last week to members. John
G. said he would actually not lose access to land he owns in the area, so that will be edited.
Renovus’ suggestion that the soil will be improved by ongoing sheep grazing for the duration of the
solar farm may be a stretch. There has been a concern on the Planning Board that cars will stop to
see the sheep. The biggest discussion seems to be about glare, a second focus is the installation of
trees as a screen for nearby houses. It was suggested the screen ing wasn’t needed for agricultural
purposes; this will be added to the comments. Chaw will edit comments as indicated and e-mail a
final draft to members for a final yea or nay, and then forward to Darby. Motion to approve Chaw to
do this by Krys, second by Mark, approved without dissent
2. Planning Open Farmer Meeting for March 9th: Should we do this? What should be the format?
Decision was for the Ag Committee to present the key points of concern rather than go through the
entire document. There was discussion about if rural landowners be included; yes, but they need a
list. Debbie said we can get a list from Assessment. Motion for Chaw to develop a postcard for
mailing. The committee can figure out who will lead the discussion on different sections following
item #3 discussion.
3. Review of ZUSC Memo and Zoning Update: Krys said primarily this about process, and the first
recommendation should be to start over and do it correctly. This should not cause a problem with
NYSERDA, and those funds were to create a draft, which has been done. Krys clarified that there
are protocols established in the Comprehensive Plan and the Ag Plan which were not followed. It
seems that the Ag Plan was written with a “cookie cutter” approach instead, and requested work on
a few very specific items. This may be a major stumbling block; the Town may open itself to an
article 78 challenge if they don’t follow their own rules. There was agreement with what Krys wrote,
but also some feeling that it might need to be edited for length and tone. An Executive Summary
that hits the high points was suggested. Greg also mentioned needing to provide pertinent
references. Mark suggested Ag Committee members identify and send to Chaw their “hot button”
issues; he’d like to do it individually and apart from the meeting. This would be an effort at
consensus of committee concerns. Document Review:
• Definitions (Monika was going to provide an alternative to this section; the pertinent section of
Ag district Law follows these minutes)
o Agricultural Building: suggested alternative - “Any building or structure used in the ordinary
production of agriculture.”
o Agricultural Commerce: recommend this be removed. It is not a definition included in Ag
District Law, and there are a lot of overlaps with “Farm Operation”.
• 138. D. Silviculture: Redundant, use Ag and Markets definition for Timber Production and
Forestry
• 138. H. Is this section still in the document? The committee supports George Frantz and Matt
Brower comments on this. If this is still included, it should also include farm family housing.
• 212-26 Permitted accessory uses
o A. Agricultural Commerce when no new building is constructed. – this should be permitted
by right.
o I. Lodges – is this still in the draft?
o J. Minor solar collection system subject to the provisions of Article XX, 212-139.1 – not
needed as it is already defined.
o L. Professional Offices… Two concerns: 1) Why change/include this? It’s not identified as an
issue in the Ag Plan, and 2) Why would office not be allowed in a barn or garage?
• 212-27 Uses allowed by site plan approval
o A. Agricultural Commerce… Should be removed from the Definitions section, and there were
no comments from George Frantz of Matt Brower on this because it was not included in the
earlier version.
o C Facilities for agricultural education and recreation events – A definition of Ag Tourism is
included in Ag District Law.
• 212-28 Uses allowed by special permit
o A. Airports and I Golf Courses should both be removed
Adjourn 8:25 p.m.
Ag District Law, Section § 301. Definitions. When used in this article:
1. "Agricultural assessment value" means the value per acre assigned to land for assessment purposes
determined pursuant to the capitalized value of production procedure prescribed by section three
hundred four-a of this article.
2. "Crops, livestock and livestock products" shall include but not be limited to the following:
a. Field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans.
b. Fruits, including apples, peaches, grapes, cherries and berries.
c. Vegetables, including tomatoes, snap beans, cabbage, carrots, beets and onions.
d. Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers.
e. Livestock and livestock products, including cattle, sheep, hogs, goats, horses, poultry, ratites, such
as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur bearing animals, wool bearing
animals, such as alpacas and llamas, milk, eggs and furs.
f. Maple sap.
g. Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or
cut from the stump.
h. Aquaculture products, including fish, fish products, water plants and shellfish.
i. Woody biomass, which means short rotation woody crops raised for bioenergy, and shall not include
farm woodland.
j. Apiary products, including honey, beeswax, royal jelly, bee pollen, propolis, package bees, nucs and
queens. For the purposes of this paragraph, "nucs" shall mean small honey bee colonies created from
larger colonies including the nuc box, which is a smaller version of a beehive, designed to hold up to
five frames from an existing colony.
k. Actively managed log-grown woodland mushrooms.
3. "Farm woodland" means land used for the production of woodland products intended for sale,
including but not limited to logs, lumber, posts and firewood. Farm woodland shall not include land used
to produce Christmas trees or land used for the processing or retail merchandising of woodland
products.
4. "Land used in agricultural production" means not less than seven acres of land used as a single
operation in the preceding two years for the production for sale of crops, livestock or livestock products
of an average gross sales value of ten thousand dollars or more; or, not less than seven acres of land
used in the preceding two years to support a commercial horse boarding operation or a commercial
equine operation with annual gross receipts of ten thousand dollars or more. Land used in agricultural
production shall not include land or portions thereof used for processing or retail merchandising of such
crops, livestock or livestock products. Land used in agricultural production shall also include:
a. Rented land which otherwise satisfies the requirements for eligibility for an agricultural assessment.
a-1. Land used by a not-for-profit institution for the purposes of agricultural research that is intended to
improve the quality or quantity of crops, livestock or lives tock products. Such land shall qualify for an
agricultural assessment upon application made pursuant to paragraph (a) of subdivision one of section
three hundred five of this article, except that no minimum gross sales value shall be required.
b. Land of not less than seven acres used as a single operation for the production for sale of crops,
livestock or livestock products, exclusive of woodland products, which does not independently satisfy
the gross sales value requirement, where such land was used in such production for the preceding two
years and currently is being so used under a written rental arrangement of five or more years in
conjunction with land which is eligible for an agricultural assessment.
c. Land used in support of a farm operation or land used in agricultural production, constituting a portion
of a parcel, as identified on the assessment roll, which also contains land qualified for an agricultural
assessment. Such land shall include land used for agricultural amusements which are produced from
crops grown or produced on the farm, provided that such crops are harvested and marketed in the
same manner as other crops produced on such farm. Such agricultural amusements shall include, but
not be limited to, so-called "corn mazes" or "hay bale mazes".
d. Farm woodland which is part of land which is qualified for an agricultural assessment, provided,
however, that such farm wood land attributable to any separately described and assessed parcel shall
not exceed fifty acres.
e. Land set aside through participation in a federal conservation program pursuant to title one of the
federal food security act of nineteen hundred eighty-five or any subsequent federal programs
established for the purposes of replenishing highly erodible land which has been depleted by
continuous tilling or reducing national surpluses of agricultural commodities and such land shall qualify
for agricultural assessment upon application made pursuant to paragraph a of subdivision one of
section three hundred five of this article, except that no minimum gross sales value shall be required.
f. Land of not less than seven acres used as a single operation in the preceding two years for the
production for sale of crops, livestock or livestock products of an average gross sales value of ten
thousand dollars or more, or land of less than seven acres used as a single operation in the preceding
two years for the production for sale of crops, livestock or livestock products of an average gross sales
value of fifty thousand dollars or more.
g. Land under a structure within which crops, livestock or livestock products are produced, provided
that the sales of such crops, livestock or livestock products meet the gross sales requirements of
paragraph fof this subdivision.
h. Land that is owned or rented by a farm operation in its first or second year of agricultural production,
or, in the case of a commercial horse boarding operation in its first or second year of operation, that
consists of (1) not less than seven acres used as a single operation for the production for sale of crops,
livestock or livestock products of an annual gross sales value of ten thousand dollars or more; or (2)
less than seven acres used as a single operation for the production for sale of crops, livestock or
livestock products of an annual gross sales value of fifty thousand dollars or more; or (3) land situated
under a structure within which crops, livestock or livestock products are produced, provided that such
crops, livestock or livestock products have an annual gross sales value of (i) ten thousand dollars or
more, if the farm operation uses seven or more acres in agricultural production, or (ii) fifty thousand
dollars or more, if the farm operation uses less than seven acres in agricultural production; or (4) not
less than seven acres used as a single operation to support a commercial horse boarding operation
with annual gross receipts of ten thousand dollars or more.
i. Land of not less than seven acres used as a single operation for the production for sale of orchard or
vineyard crops when such land is used solely for the purpose of planting a new orchard or vineyard and
when such land is also owned or rented by a newly established farm operation in its first, second, third
or fourth year of agricultural production.
j. Land of not less than seven acres used as a single operation for the production and sale of Christmas
trees when such land is used solely for the purpose of planting Christmas trees that will be made
available for sale, whether dug for transplanting or cut from the stump and when such land is owned or
rented by a newly established farm operation in its first, second, third, fourth or fifth year of agricultural
production.
k. Land used to support an apiary products operation which is owned by the operation and consists of
(i) not less than seven acres nor more than ten acres used as a single operation in the preceding two
years for the production for sale of crops, livestock or livestock products of an average gross sales
value of ten thousand dollars or more or (ii) less than seven acres used as a single operation in the
preceding two years for the production for sale of crops, livestock or livestock products of an average
gross sales value of fifty thousand dollars or more. The land used to support an apiary products
operation shall include, but not be limited to, the land under a structure within which apiary products are
produced, harvested and stored for sale; and a buffer area maintained by the operation between the
operation and adjacent landowners. Notwithstanding any other provision of this subdivision, rented land
associated with an apiary products operation is not eligible for an agricultural assessment based on this
paragraph.
l. Land that is owned or rented by a farm operation in its first or second year of agricultural production
or in the case of a commercial equine operation, in its first or second year of operation, that consists of
not less than seven acres and stabling at least ten horses, regardless of ownership, that receives ten
thousand dollars or more in gross receipts annually from fees generated through the provision of
commercial equine activities including, but not limited to riding lessons, trail riding activities or training
of horses or through the production for sale of crops, livestock, and livestock products, or through both
the provision of such commercial equine activities and such production. Under no circumstances shall
this subdivision be construed to include operations whose primary on site function is horse racing.
m. Land used in silvopasturing shall be limited to up to ten fenced acres per large livestock, including
cattle, horses and camelids, and up to five fenced acres per small livestock, such as sheep, hogs,
goats and poultry. For the purposes of this subdivision, "silvopasturing" shall mean the intentional
combination of trees, forages and livestock managed as a single integrated practice for the collective
benefit of each, including the planting of appropriate grasses and legume forages among trees for
sound grazing and livestock husbandry.
5. "Oil, gas or wind exploration, development or extraction activities" means the installation and use of
fixtures and equipment which are necessary for the exploration, development or extraction of oil,
natural gas or wind energy, including access roads, drilling apparatus, pumping facilities, pipelines, and
wind turbines.
6. "Unique and irreplaceable agricultural land" means land which is uniquely suited for the production of
high value crops, including, but not limited to fruits, vegetables and horticultural specialties.
7. "Viable agricultural land" means land highly suitable for a farm operation as defined in this section.
8. "Conversion" means an outward or affirmative act changing the use of agricultural land and shall not
mean the nonuse or idling of such land.
9. "Gross sales value" means the proceeds from the sale of:
a. Crops, livestock and livestock products produced on land used in agricultural production provided,
however, that whenever a crop is processed before sale, the proceeds shall be based upon the market
value of such crop in its unprocessed state;
b. Woodland products from farm woodland eligible to receive an agricultural assessment, not to exceed
two thousand dollars annually;
c. Honey and beeswax produced by bees in hives located on an otherwise qualified farm operation but
which does not independently satisfy the gross sales requirement;
d. Maple syrup processed from maple sap produced on land used in agricultural production in
conjunction with the same or an otherwise qualified farm operation;
e. Or payments received by reason of land set aside pursuant to paragraph e of subdivision four of this
section;
f. Or payments received by thoroughbred breeders pursuant to section two hundred fifty-four of the
racing, pari-mutuel wagering and breeding law; and
g. Compost, mulch or other org anic biomass crops as defined in subdivision sixteen of this section
produced on land used in agricultural production, not to exceed five thousand dollars annually.
11. "Farm operation" means the land and on-farm buildings, equipment, manure processing and
handling facilities, and practices which contribute to the production, preparation and marketing of crops,
livestock and livestock products as a commercial enterprise, including a "commercial horse boarding
operation" as defined in subdivision thirteen of this section, a "timber operation" as defined in
subdivision fourteen of this section, "compost, mulch or other biomass crops" as defined in subdivision
seventeen of this section and "commercial equine operation" as def ined in subdivision eighteen of this
section. Such farm operation may consist of one or more parcels of owned or rented land, which
parcels may be contiguous or noncontiguous to each other.
12. "Agricultural data statement" means an identification of farm operations within an agricultural district
located within five hundred feet of the boundary of property upon which an action requiring municipal
review and approval by the planning board, zoning board of appeals, town board, or village board of
trustees pursuant to article sixteen of the town law or article seven of the village law is proposed, as
provided in section three hundred five-b of this article.
13. "Commercial horse boarding operation" means an agricultural enterprise, consisting of at least
seven acres and boarding at least ten horses, regardless of ownership, that receives ten thousand
dollars 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. Under no circumstances shall this subdivision be construed to include
operations whose primary on site function is horse racing. Notwithstanding any other provision of this
subdivision, a commercial horse boarding operation that is proposed or in its first or second year of
operation may qualify as a farm operation if it is an agricultural enterprise, consisting of at least seven
acres, and boarding at least ten horses, regardless of ownership, by the end of the first year of
operation.
14. "Timber operation" means the on-farm production, management, harvesting, processing and
marketing of timber grown on the farm operation into woodland products, including but not limited to
logs, lumber, posts and firewood, provided that such farm operation consists of at least seven acres
and produces for sale crops, livestock or livestock products of an annual gross sales value of ten
thousand dollars or more and that the annual gross sales value of such processed woodland products
does not exceed the annual gross sales value of such crops, livestock or livestock products.
15. "Agricultural tourism" means activities, including the production of maple sap and pure maple
products made therefrom, conducted by a farmer on-farm for the enjoyment and/or education of the
public, which primarily promote the sale, marketing, production, harvesting or use of the products of the
farm and enhance the public's understanding and awareness of farming and farm life.
16. "Apiary products operation" means an agricultural enterprise, consisting of land owned by the
operation, upon which bee hives are located and maintained for the purpose of producing, harvesting
and storing apiary products for sale.
17. "Compost, mulch or other organic biomass crops" means the on-farm processing, mixing, handling
or marketing of organic matter that is grown or produced by such farm operation to rid such farm
operation of its excess agricultural waste; and the on-farm processing, mixing or handling of off-farm
generated organic matter that is transported to such farm operation and is necessary to facilitate the
composting of such farm operation's agricultural waste. This shall also include the on-farm processing,
mixing or handling of off-farm generated organic matter for use only on that farm operation. Such
organic matter shall include, but not be limited to, manure, hay, leaves, yard waste, silage, organic farm
waste, vegetation, wood biomass or by-products of agricultural products that have been processed on
such farm operation. The resulting products shall be converted into compost, mulch or other organic
biomass crops that can be used as fertilizers, soil enhancers or supplements, or bedding materials. For
purposes of this section, "compost" shall be processed by the aerobic, thermophilic decomposition of
solid organic constituents of solid waste to produce a stable, humus-like material.
18. "Commercial equine operation" means an agricultural enterprise, consisting of at least seven acres
and stabling at least ten horses, regardless of ownership, that receives ten thousand dollars or more in
gross receipts annually from fees generated through the provision of commercial equine activities
including, but not limited to riding lessons, trail riding activities or training of horses or through the
production for sale of crops, livestock, and livestock products, or through both the provision of such
commercial equine activities and such production. Under no circumstances shall this subdivision be
construed to include operations whose primary on site function is horse racing. Notwithstanding any
other provision of this subdivision, an agricultural enterprise that is proposed or in its first or second
year of operation may qualify as a commercial equine operation if it consists of at least seven acres and
stables at least ten horses, regardless of ownership, by the end of the first year of operation
.