Defining the Farm Stand; Planning Board Debates Zoning Language

Imagine you're a farmer and you need a business loan for your farm stand.

The U.S. Department of Agriculture (USDA) approves funds for farm stands. However, there's a catch. 

The USDA will approve a loan for farm stands that sell products grown on an adjacent parcel, not the premises as stated in the town's current zoning article for agriculture, according to Town Planner Robert Gilstein at Wednesday's Planning Board meeting.

"Over the past few weeks, I have been working with the USDA to help gain approval of a loan to a local farmer to improve his farm operation," Gilstein told the five-member board Wednesday. "USDA will approve the loan if the town adopts the following language."

Gilstein asked the Planning Board to add four words—or an adjacent parcel—to the current amendment, Article V.C. Agriculture.

The current amendment reads under the header Agriculture: "3. One roadside stand per farm for the sale of agricultural or horticultural products the major portion of which are grown or produced on the premises; must provide off-street parking."

The new amendment with the added four words will read: "3. One roadside stand per farm for the sale of agricultural or horticultural products the major portion of which are grown or produced on the premises or an adjacent parcel; must provide off-street parking."

The Planning Board voted 4-1 to change the zoning ordinance at Wednesday's meeting.

"This amendment would allow the USDA to consider both the farm stand parcel and the rest of the farm as collateral," Gilstein said. "... It is not unusual for a farmer to will a small portion of the farm to the child who wants to continue farming, while deeding the larger farm to all the children. Such is the case here, but I know of at least two others.

"So this amendment is likely to help others in the future. I cannot foresee any negative impact from the proposed amendment."

The farm stand in question is Mello's Farm Stand at 364 Boyd's Lane. One member of the family owns the farm stand, while other family members own the adjacent farm.

"They (the USDA) wants to make sure an adjacent parcel is covered (financially)," said Town Solicitor Donato Andre D'Andrea."This is how the courts interpret them anyway."

"We want to help keep our farmers in business," said the town planner. "We're talking about the few farms left in town. In the 1960s, the town was 75 percent farms; today, maybe an eighth."

The proposed amendment change was not met without opposition.

"It's disturbing that we are changing a zoning ordinance for a specific farm once again," said local resident Diane Brown. "This change could have long-term, unforeseen consequences."

Brown spoke about Greenvale Vineyards' plans for expansion. She said farm stands could potentially offer products not sold on the premises.

"It (the amendment change) would open up other uses for retail outside agricultural land," Brown said. "This petition should be rejected."

"Everyone of your suggestions puts a burden on the farmer," said Planning Board Chairman Guy R. Bissonnette to Brown. 

Nancy Howard, who was among the few in attendance at the meeting, brought out a map of area farms. She pointed to one farm and demonstrated how one farm could sell products from any adjacent farm, she said.

Bissonnette said they could "do that already."

Not all Planning Board members were in favor of the proposal.

"First of all, I don't like to act under pressure," said Planning Board member Richard Wimpress. "... The USDA wants us to change our ordinance. I object to that.

"...Clever developers come around all the time to twist the metal. I will vote against this change."

The vote was 4-1 with Wimpress in opposition. The amendment change now goes to the Town Council for approval.