North East Town Board addresses farmland protection plan concerns

NORTH EAST — The Town Board held a special meeting last Thursday, May 6, to discuss the best ways to protect agriculture and farmland — the objective of a plan drafted by the town’s Agricultural and Farmland Protection Plan Committee (AFPC), with guidance from the American Farmland Trust (AFT).

New public hearing needed

According to town Supervisor Dave Sherman, the goal of the meeting was to address “some reservations� the board had following a public hearing held a number of months ago. That hearing must be repeated, as there was not a quorum of the Town Board present and therefore it was not a legal public hearing. A new public hearing will give the board an opportunity to present an updated plan, including changes made at last week’s meeting.

Sherman addressed AFPC Chair and Conservation Advisory Committee (CAC) member Lynn Mordas about one of the committee’s goals.

“Lynn, I know the CAC and everybody else spent a lot of time working on this with the expectation of moving forward on this and getting an agricultural advisory board,� he said, which she agreed was the “first order of business.�

Schedule a concern

The time frame in which the town has to adopt the plan and its recommendations was also discussed. Attorney to the Town Warren Replansky and some members of the Town Board expressed concern that the schedule submitted was too restrictive and could tie the town’s hands. CAC Chair Dianne Engleke tried to reassure him.

“I don’t think the time frames have to be followed strictly. We just have to start somewhere,� she said. “We looked at other towns and we simply gave you a beginning, and you can decide whether that works for you or not.�

“It stated in the text of the document that these time frames are estimates and might change,� Mordas said. “And things might change on the state level, too.�

“We can state the Town Board will have the option to extend it and we all know that half the time you say a year and it’s longer than that anyway,� Councilman Dave McGhee said. “If we have to extend it we will.�

“Is it possible to adopt the plan without the schedule?� asked Replansky. “If these things [in the plan’s schedule] don’t occur, it could be argued the town’s land use regs don’t abide.

“It’s a great idea as long as the language is not formed in a way that’s mandatory. The board makes the ultimate decision,� he added. “Is this something that is mandatory to get approval from the state?�

“No,� said the AFT’s David Haight. He also said it would be OK to adopt the plan without the schedule.

“I don’t think it would [be rejected by the state] for that reason,� he said.

Benefits for ‘real’ farms

One of the concerns Sherman expressed about the plan, on behalf of the board, was how it would benefit “real farms� trying to make a living on their land.

Mordas responded that it includes “multiple approaches to enhancing the viability and sustainability of farming in the community, including, but not limited to, easing/modifying zoning regulations to allow additional profitable activities to be sited on-farm, oversight on agricultural exemptions to be certain farm lands and buildings are properly assessed, fairly distributing the tax burden based on use of community services, maintaining open spaces and environments for farming, retaining the character of the community, encouraging farm-related businesses, keeping populations low to avoid increases in school students and taxes, reducing the need for infra-structure, residential development and related community services and protecting environmental resources.�

Art Collings, vice president of the Dutchess Land Conservancy and vice chair of the Dutchess County Farmland Protection Board, e-mailed his comments to Sherman regarding the board’s concerns.

“There has been a tremendous surge in interest in healthy, locally-grown farm products throughout the Hudson Valley in the last year,� he stated. “With its farm and recreational resources, I think the town should be marketing and branding itself as one of the premier tourist destinations in the Hudson Valley — by really making the link between farm-Rail Trail and restaurants-shops.�

That’s right, diversify

Former Town Board member,  member of the AFPC’s steering committee and agricultural consultant Dan Briggs was also on hand at last Thursday’s meeting.

“One of the things we’re seeing is the ability of medium-sized farms to diversify,â€� he said. “And it’s serving those guys well. It may be diversification of business, retail, different types of agriculture  —  there’s a myriad of programs being done. I think the program allows for more of this type of way of dealing with the problem.â€�

“The plan is kind of a road map to address this,� said the county’s Farmland Protection Board’s Harry Baldwin. “The advisory committee can look at things to change [when it’s advantageous].�

“It’s a wonderful thing for everybody,� Mordas said. “There are groups of farmers working on collective marketing.�

“It’s a fine line,� said Councilman and part-time farmer Steven Merwin. “Diversifying is difficult. It’s a gamble. When the blight came last year it wasn’t just tomatoes. We got hit with squash, potatoes, pumpkins, right before the harvest. And that was our seed money. Now we’re working off our savings, and that hurts. We were once dairy farmers — the key word is once.�

Ag exemptions and transfer taxes

Another point of concern addressed how the plan will affect existing ag exemptions.

“Ag exemptions would still need to be calculated in accordance with New York state law,� Collings wrote. “Unless some lack of compliance were discovered on this point, there would be no change.�

The question of a transfer tax also arose.

“This plan does not establish a 2-percent transfer tax,� Mordas said. “That is a misconception. We kept trying to diffuse it, but it lingers on.�

“All the plan is doing is suggesting things,� added Baldwin. “The idea of the plan is just to present ideas that can enhance agriculture in the town.�

Purchasing development rights

As far as purchasing development rights (PDR), the board discussed the standard 75-percent contribution from the state and 25-percent contribution from the county (to which local municipalities now contribute to as well).

“Those farms that do use PDRs can put those funds to good use and reinvest,� Baldwin said. “And then if they go to sell, the prices are lower, and that encourages agriculture. It helps the next generation of farmers as well.�

“At the same point, with all that farmland tied up, no common folk, no young people, can afford to live here,� Councilman Carl Stahovec said. “Where are we going with that?�

Sherman agreed, in theory, there may be a point where “you‘re preventing your community from growing.�

“The plan is not to [push anyone out],� Haight said. “It’s about how to create an atmosphere where agriculture can thrive in the future. It’s to create balance; it’s certainly not all or nothing.�

“We look at farmers in this town trying to keep their farms going and they’re committed,� Baldwin said. “They’re trying to stay in business and stay viable. There’s an industry here and I think we need to support farmers in town and keep them going.�

“I don’t see where we should take all the development rights off all the land in town to put a  band-aid on,â€� Stahovec said. “If you’re struggling and you don’t get it, too bad.â€�

“They don’t hand this out lightly,� Mordas said. “It’s not a band-aid. The state doesn’t want to hand out money.�

“This is a long, arduous process,â€� Briggs said. “You’re not pulling someone out of the fire easily. It’s not a program for everybody. Purchasing development rights is one piece of this, but it  gets all the attention.â€�

Supporting the cause

The town also has the option to adopt the right to farm law without adopting the plan, although those present at the meeting urged the board to send a message to the town that it supports its farmers by adopting the plan.

“I’m for this plan,� Councilman Dave McGhee said. “If we don’t like something, then we’ll change it. We’re trying to do what is best for the public. I think this is a good thing. It’s a start, but it’s not going to pick at every little thing. That’s my thing, I’m for it.�

“I want to see a future with kids who grow up on farms staying there,� Merwin said, adding his support as well.

Replansky then explained the board will have to go through the State Environmental Quality Review Act (SEQRA) process, which it can do after a public hearing is held. He asked the CAC to help fill out part one of the Environmental Assessment Form (EAF), which is part of that review process.

Mordas said part one of the EAF has already been completed and that she’ll forward a copy to the attorney. He then said he will “tweak� the language of the plan a bit, have the board set a date and time for the public hearing and prepare a resolution for the board to adopt if all goes according to plan. More information on the public hearing will be published once it’s determined.

Latest News

Water main cleaning in North Canaan

NORTH CANAAN – Aquarion Water Company today announced a water main cleaning project in the company’s North Canaan system. The project is scheduled to take place from Monday, April 1 through Tuesday, April 16, and is being undertaken to ensure customers in North Canaan continue to receive the highest quality water.

The cleaning for April 1 and April 4 (subject to change) will take place on the following streets:

Keep ReadingShow less
Robert Cray’s soulful blues coming to Infinity Hall

Robert Cray

Photo provided

Blues legend Robert Cray will be bringing his stinging, funky guitar and soulful singing to Infinity Hall Norfolk on Friday, March 29.

A five-time Grammy winner, Cray has been inducted into the Blues Hall of Fame and earned The Americana Music Awards Lifetime Achievement for Performance. He has played with blues and rock icons including Albert Collins, Muddy Waters, John Lee Hooker, The Rolling Stones, Tina Turner, Eric Clapton and many more.

Keep ReadingShow less
Cabaret comes to St. Andrew's in Kent

George Potts

Photo provided

Music in the Nave will again tap into local talent April 6 at 7 p.m. when its features George Potts in an intimate cabaret concert in the St. Andrew’s Church parish house.

Pott is a well-known figure in the community, both through his presence in the perennially popular Fife ‘n Drum, the restaurant started by his father-in-law, renowned pianist Dolph Trayman, and through his own career as a folk musician.

Keep ReadingShow less