Farmers to Little Compton zoners: Don’t fence us in

‘Farm promotion accessory uses’ rules prove controversial

Tom Killin Dalglish
Posted 3/7/19

LITTLE COMPTON — Farm owners in this town say they only learned about a proposed new zoning ordinance, entitled "Farm Promotion Accessory Uses," on or about Friday, February 22, and they are upset, as they showed in an impromptu gathering of half a dozen of them late last Monday morning.

"The agricultural community is up in arms," said Tyler Young from Young Family Farm, late last week.

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Farmers to Little Compton zoners: Don’t fence us in

‘Farm promotion accessory uses’ rules prove controversial

Posted

Farm owners in this town say they only learned about a proposed new zoning ordinance, entitled "Farm Promotion Accessory Uses," on or about Friday, February 22, and they are upset, as they showed in an impromptu gathering of half a dozen of them late last Monday morning.

"The agricultural community is up in arms," said Tyler Young from Young Family Farm, late last week.
(After word got out that farmers had held an impromptu meeting last Monday, plans were made for members of the agricultural community to meet with the planning board in Town Hall on Tuesday, March 5 at 7 p.m., after this paper goes to press.)

The proposed ordinance

Entitled "Farm Promotion Accessory Uses," the proposed zoning amendment is five pages long.

Its purpose, "is to enhance the economic viability of local agricultural businesses by allowing farmers to conduct supplemental income-producing activities at a scale or intensity that will not unduly change the rural character of the area or deny abutting residential landowners the peaceful enjoyment of their property."

Ten conditions are listed that apply to all farm promotion accessory uses (e,g in relation to conservation easements or property for which development rights have been sold), or parking and signage. Certain uses are allowable by right, others only by special use permit. A use table is included, with categories for farm stands, farmer's market, farm special events, cafe/limited food service, and farm winery. For example, for farm stands, special conditions provide that "substantially all of the products sold, or the ingredients in the products sold, must be grown or raised on the premises."

Farmers' comments
Several farmers gathered to discuss the issue last week said none had been involved or consulted during the drafting of the proposal.

"By having not communicated shows a lack of respect for the agricultural community," said Tyler Young, whose family owns the Young Family Farm at 260 West Main Road.

The proposal, they said, could drastically alter their agricultural operations, hurt their economic viability, impact their customer base, impose unreasonable and cumbersome limitations on uses of their farm land, and in some cases require physical alteration of their premises.

The draft ordinance was presented to but not discussed by the Town Council at its meeting on Thursday, Feb. 21. A public hearing on the proposal was then set for Thursday, March 21, at 7 p.m. in Town Hall Council Chambers.
The mid-day Monday gathering drew a who's-who of local farmers. Present were Tyler Young from Young Family Farm; Skip Paul from Wishing Stone Farm; Rick Peckham from Peckham's Greenhouse; Rusty Cabot from White Rock Farm, Coll Walker from Walker's Roadside Stand.

Also contacted by members of the group, but not present, were Andrew Morley of Sweet and Salty Farm, and Jack Nelson.

”Most all farmers agree," said Mr. Cabot, "that the genesis for the proposed ordinance comes from the vineyard and the opposition it generated among people in town to the activities conducted at the vineyard."

"The agribusiness the vineyard promoted fostered this ordinance," said Mr. Young.

There were a number of criticisms.

  • "We can sell only things grown on the farm," under the proposal, said Mr. Walker. Nearly all agreed this requirement could prove unworkable. Mr. Young said that "a few years ago we had apple scab and had to supplement our apples from other farms to stay open." Mr. Walker, and others, said their farm stands would have to get special permits to sell all kinds of ancillary products they regularly sell: for example, avocados, T-shirts, hats, fruits not available locally, tropical plants …
  • Setbacks of varying distances are imposed, from roadways, or from the property line. Mr. Walker said his roadside stand would have to be moved or torn down to comply with a 10 foot setback requirement from a property line. Mr. Young said that an activity he has conducted or contemplated in the past would have to be moved back 300 feet into a potato field to comply with proposed setback requirements.
  • Several farmers, Mr. Young among them, said they have sold development rights, which the proposed ordinance mandates would preclude them from some accessory uses, heretofore or otherwise permitted. "This is not good," said Mr. Young.
  • There's a minimum or threshold of 25 acres for certain activities.
  • "The need for a positive cash flow — you just can't ignore it," in thinking about the types of requirements included in an ordinance of this kind, said Mr. Cabot.
  • "One of the things they did was get rid of wedding revenue from farms," said Mr. Paul, from Wishing Stone Farm.

Since the Monday meeting, said Mr. Young, "there's been a lot of talk, a lot of different council members getting together."

"We're all related, even though we have different names," said Mr. Young, of the group that met on Monday. “And it's things like this that are coming forth that could put the farming generation to an end," he said. "For years each generation gets further and further away from agriculture and from knowing what's going on. That's why it's so important for the town committees and boards to communicate with the community. To me it's dangerous that they do things like this without communication."

The planning board role

The farm promotion accessory ordinance proposal emanated from the Town Planning Board, said Mike Steers, the board chairman.

"All of our drafts have been based on other town's drafts," Mr. Steers said.

He said that in drafting it, "we looked at Portsmouth, Middletown, and Westport."

Mr. Steers said the proposed ordinance relies on language in the comprehensive plan that talks about regulating uses on farms not directly related to agricultural operations or the land's principal use.

"This is an effort to acknowledge the needs of the farming community in Little Compton and to identify those activities permitted to them by right, and by special use permit," Mr. Steers said. "We don't really have an ordinance that reviews agricultural activity, and what is permitted by right and by special use permit."

"The vineyard is a product of the town not having an ordinance that says what's permitted and not permitted," he said.

"Little Compton is unique because there are a number of small farms, and this is an opportunity for them to weigh in … "I'm sure members of the planning board have had their own conversations with farmers in the community," he said.

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