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Sullivan County Agricultural and Farmland Protection Board

100 North Street, Monticello NY 12701

Sullivan County Legislature


100 North Street
Monticello, NY 12701
June 24, 2015

Dear Legislators:
On behalf of the Sullivan County Agricultural and Farmland Protection Board (AFPB) I would like to
comment on a few items brought to your attention at the public hearing held on June 18, 2015.
First, I find it offensive to the farmland protection board, every farmer in the county, as well as you as
legislators, who have devoted time and County resources to promote and protect agriculture, to have
agriculture treated in such a flippant manor as to denigrate its importance to the County and the history
of the County. Therefore, I would like to elaborate on a few items discussed at the public hearing.
Intent of Agricultural Districts
Enacted in 1971, New Yorks Agricultural Districts Law (ADL) is a very effective tool for maintaining
lands in agriculture, and ensuring New Yorks position as an outstanding agricultural state. The ADL
recognizes that agricultural lands are important and irreplaceable resources, which are in jeopardy of
being lost to as a result of increasing costs of agricultural businesses, development pressures and
regulatory constraints. Agricultural Districts Law seeks to create economic and regulatory incentives
which encourage farmers to continue farming.

Agricultural Districts consist of viable agricultural lands, or, in other words, lands
that are currently used for agriculture or may be used for agriculture in the future.
Agricultural districts may include not just farm fields, but also residential, forested and
commercial properties that are part of an agricultural enterprise.
However, only land considered by the State to be a Farm Operation (see definition below) actually
receive the benefits of the Agriculture Districts. Therefore, you can be located within an Agricultural
District, but not receive the benefits. "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 and "compost, mulch or other
biomass crops" as defined in subdivision sixteen of this section and commercial equine operation as
defined in subdivision seventeen 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.
Notification Procedures
The Agriculture and Farmland Protection Board, through the Department of Planning and
Environmental Management (DPEM), sent all notifications to municipalities, landowners and
Legislators in a timely manner, despite the comment made at the public hearing. DPEM sent
notifications to all municipalities located within in Agriculture District #4 (including the Town Clerk,
Town Supervisor, Town Planning Board Chair and Town Zoning Board Chair) on March 26, 2015,
notifying them of the eight year review. Landowners received a hard copy in the mail. At this time, we
specifically asked the municipalities to submit comments and concerns regarding parcels that should be
removed from the Agriculture District. Applications for inclusion were received during the yearly 30
day window, occurring from April 1st April 30th of every year. Due to the specific time constraints
established by NYS Agriculture and Markets, the Agriculture and Farmland Protection Board meets
immediately after the 30 day window. They met on May 4, 2015. However, this leaves limited time to
visit parcels requesting to be included into Agriculture District #4. Therefore, landowners and
municipalities were notified via email and mail on April 30, 2015 regarding their requests. On April
30th, Town Supervisors were made aware of the May 4th meeting and asked to submit any comments or
concerns to DPEM. On June 5, 2015, the Legal Notice for the Public Hearing, listing all parcels for
inclusions and removal, were sent via email and mail to all municipalities and landowners listed on the
legal notice. As of today, we have only been contacted by the Town of Liberty, Town of Fallsburg,
Town of Mamakating and the Village of Bloomingburg.
Agricultural Assessment
A common complaint about land in agricultural districts has to do with taxation. To make the record
clear, all land in agricultural districts is taxed. Farmland enrolled in the agricultural value assessment
program is taxed based on its agricultural value, not necessarily the fair market value. The farmer must
file every year to receive the agricultural value assessment. All buildings and land under them are taxed
at normal levels. Lastly, the agriculture value assessment only applies to Town and County taxes. It
does not apply to school taxes.
History of Agriculture in Forestburgh
At the Public Hearing it was stated that Forestburgh does not have a history of farming. At the hearing,
Ms. Barnhart referred to John Conways article entitled Timber, Tanning and Tourism, the article
states As the end of the 19th century approached, these small resorts replaced logging camps and
farmhouses became boarding houses. The reference to farmhouses indicates the presence of farming.

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Additionally, the nature of food distribution at that time necessitated the presence of farming to provide
the food that fed the people working in the tanning, timber (which is agriculture) and tourism industries.
It was also stated that at no time was there a farm on the property in the Town of Forestburgh that is
currently in Ag District #4. Attached you will find a copy of a prospective of the property, owned by
the Monel Family, that was purchased by the Wechsler Family in the 1940s. It states that a dairy barn
and hen houses were on the property, which proves that there is a history of agriculture on this property.
Town Zoning
When reviewing potential properties for inclusion into an Agricultural District, the AFPB reviews the
parcel against the Town zoning, to ensure that agriculture is a permitted use within the Town. At the
public hearing, another speaker said he built his house in the late 1960s. In 1973, the Town of
Forestburgh adopted its first zoning code and zoned the entire area that includes all the requested
properties for inclusion in question in an RC zone. Agriculture is a primary permitted use in that zone.
Over the next 30+ years the Town chose to leave the zoning as is. I do not think it is unreasonable for a
new property owner to believe he can buy property and use it for agricultural purposes. Now ten years
later, after the property was purchased and used for agricultural purposes the zoning still has not
changed.
Town of Forestburgh Right To Farm Law
Ms. Bernhart also made an eloquent dissertation on the procedure for resolution of potential nuisance
issues as at is written in the NYS Ag Districts Law. However, the Town of Forestburgh has its own
Right to Farm Law. According to the Legislative intent and purpose of the Town of Forestburgh Right
to Farm Law, passed on August 3, 2000:
The Town Board recognizes farming as an essential enterprise and an important industry which
enhances the economic base, natural environment and quality of life on the Town of Forestburgh. The
Town Board further declares that it shall be the policy of this Town to encourage agriculture and foster
understanding by all residents of the necessary day-to-day operations involved in farming so as to
encourage cooperation with those practices. and It is the general purpose and intent of this article to
maintain and preserve the rural traditions and character of the Town, to permit the continuation of
agricultural practices, to protect the existence and operation of farms, to encourage the initiation and
expansion of farms and agribusinesses, and to promote new ways to resolve disputes concerning
agricultural practices and farm operations. In order to maintain a viable farming economy in the Town
of Forestburgh, it is necessary to limit the circumstances under which farming may be deemed to be a
nuisance and to allow agricultural practices inherent to and necessary for the business of farming to
proceed and be undertaken free of unreasonable and unwarranted interference or restriction.
Furthermore, the Towns Right to Farm law states that Farmers, as well as those employed, retained, or
otherwise authorized to act on behalf of farmers, may lawfully engage in agricultural practices within

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this Town at all times and all such locations as are reasonably necessary to conduct the business of
agriculture.
Regarding dispute resolution, the Town of Forestburgh Right to Farm Law contains its own nuisance
resolution procedure, which leaves the primary responsibility for dispute resolution with a committee
selected by the Town Board. According to the law, Should any controversy arise regarding any
inconveniences or discomfort occasioned by agricultural operations which cannot be settled by direct
negotiation between the parties involved, either party may submit the controversy to a dispute resolution
committee as set forth below in an attempt to resolve the matter prior to the filing of any court action
and prior to a request for a determination by the Commission of Agriculture and Markets about whether
the practice in question is sound pursuant to 308 of Article 25AA of the State Agriculture and Markets
Law. As shown, the Town right to farm law does not require the complainants to have council or spend
exorbitant amounts of money. It seems interesting that at four public hearings having to do with farms
in the Town of Forestburgh and adding properties to the agricultural district, we have heard various
neighbor complaints. Yet as far as we are aware, in ten years there has never been a formal complaint
filed with the Town.
In conclusion, the Agriculture and Farmland Protection Board has conducted a thorough review of
Agricultural District #4. Our decisions are based off precedence, experience, site visits, and most
importantly, the NYS Agriculture and Markets law. Therefore, we fully support our recommendation to
the County Legislature for the recertification of Ag District #4 and the inclusion of the additional
properties. I hope this letter has provided you with the necessary information to make an informed
decision.

Sincerely,

Robert Kaplan
Agriculture and Farmland Protection Board Chair

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