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Petersburgh Town Board – The Difficulty of Regulating Farm Practices

March 20, 2009 By eastwickpress

by Alex Brooks

 

A second Public Hearing was held March 16 on proposed amendments to Petersburgh’s 1992 Right To Farm Life Law. The purpose of the amendments is to create an enforcement mechanism against people who are creating a nuisance for their neighbors through irresponsible farming practices, whether in commercial pig or elevated poultry operations or by having too many animals on a small lot.

The problem of how to define what is commercial pig farming versus small scale, non-commercial, sustenance pig farming, which was one of the topics of discussion last month, was solved this month by taking out the definition altogether. The problem raised last month of how to allow responsible sustenance farming on parcels of less than 2 acres was solved this month by allowing those who are farming or want to farm on a parcel of less than 2 acres to apply for a waiver from the Planning Board. There is no fee for these waivers.

However, objections to the law remained. Dan Schnoop said he has been raising pigs on less than an acre of land for fifteen years and he wasn’t happy about suddenly having to go to the Planning Board for a permit. Terry Lamphere, who was critical of the amendments last month, defended the revised version. He said, “There has to be some way to slow down someone who has a small property with too many animals on it.” He said with the waiver provision, you can go in to the Planning Board, get your permit and then your farming operations are protected.

Duane Nealon asked how long a waiver is good for.  The amendments don’t specify. Bill Seel said it should be written into the law, but he thought the waivers would probably be good for as long as that person continued farming on that parcel of land.

Another woman said the issue is really one of cleanliness, not acreage.  She said specifying  a minimum acreage is “the wrong filter to use.” She also was concerned about how “elevated poultry” farming was defined. She said she keeps some chickens and their cages are up off the ground. Someone might claim it was “elevated poultry” even if it’s not what the authors of the law had in mind when they regulated it.

The Board took no action on the Farm Law at its meeting which followed the hearing, so it remains an ongoing issue before the Board.

At the regular meeting, Duane Nealon and Marian Wise spoke to the Board about an unlicensed junkyard property near their home about which they have filed a complaint with the Town. Nealon said the Town found the property to be in violation of the Property Maintenance Code a year ago but since that time enforcement efforts have been “ineffectual, to say the least.” He said the property owner has been granted two extensions of clean-up deadlines although, Nealon said, very little progress has been made on cleaning up the property. He said when the Town attempted to take the property owner to Town Court to require a clean-up, the appearance ticket was not served properly and the presentation to the judge, according to Nealon, was weak. The result was that the Judge threw it out.

Nealon said the Town has acted forcefully against unlicensed junkyards in the past. He cited one on Rabbit College Road and one on the corner of Dill Brook and Route 22. He wonders why this one is not getting similar treatment.

Nealon apparently met with Deputy Supervisor Peter Schaaphok two weeks ago about this issue, and Schaaphok consulted with Town Attorney Kevin Engel for advice on how the Town should proceed. Schaaphok said he has not received an answer from Engel yet and that’s why nothing has happened since their meeting. Nealon was impatient with the time passing and the lack of action from the Town. He said, “It doesn’t seem like there is a real effort on the part of the Town.” He asked the Board if they were comfortable with the Town’s response to this problem.

Although Town Attorney Kevin Engel was expected to arrive, he called during the meeting to say he couldn’t make it, so the Town’s response had to wait until they could hear from him and formulate their plans.

Old “Shirt Factory” In The Mill Yard

Schaaphok said he had contacted the County about the derelict property in the mill yard and they told him that the County would not take it for back taxes until a year from now. He then did some research and was able to contact the owner. She said she bought it sight unseen for $17,500 and then found it was not feasible to make it habitable. Schaaphok said she is willing to give the property to the Town but she has no intention of spending any more money on it. He presented no plan of action for the Town, but he said, “We’ve got to take it down.”

Charter Cable

Schaaphok announced that Charter Cable has gone into Chapter 11 bankruptcy, so he recommended the Town hold off taking action on the franchise renewal until more can be learned about the fate of the company.

PVMCC

Petersburgh Veterans Memorial Community Center President Susan Nelsen said the Capital improvements on the Memorial Hall are completed and the building looks great. The Veterans CafÄ program is well attended and rentals are coming in for spring weekends at a good pace. She said the PVMCC has received a grant award of $750 from Stewart’s for equipment for youth programs, which is slated to be used for either a pool table or a ping-pong table.

Highway Report

Highway Superintendent Ray Harrison said his crew is getting ready to sweep the roads. He said he had to return the new truck to the factory because the sander was broken, but they fixed it, and it is all set now.

The Board appointed Amy Shawver to the Library Board of Trustees. She was introduced and recommended by Library Trustee Dan McCumber.

Filed Under: Local News, Petersburgh

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