Selectboard Changes Farm Café Proposal – Another Hearing Set for September 13
by Nancy Wood,
August 26, 2010, page 4.....

The public hearing Monday night, August 23, on the proposed changes to the land use regulations to allow farm cafés in the rural district generated lengthy discussion that led to three significant changes by the Selectboard. Another hearing on the revised proposal will be held on September 13.

At issue were the elements that define an eligible farm. The Planning Commission had recommended that there be a 10-acre minimum with at least $1,000 per year sales of agricultural products. They also defined a farm café as a use that is “auxiliary” to the agricultural use of the parcel.
The Selectboard changed the requirements to what they referred to as a “10/10-20/20” approach, with a $10,000 minimum per year in agricultural sales, on a minimum 10-acre parcel, for all sections of the rural district except along Route 7. For Route 7 the requirement would be at least $20,000 per year in agricultural sales, with a 20-acre minimum parcel size for the farm.

In addition, they clarified the term “auxiliary” with a third test for the ongoing eligibility of the farm café, which would require that the annual agricultural sales of the farm continue to be at least 50% of the café sales.
The changes were approved unanimously by the four members present, Charles Russell, Jenny Cole, Ed Stone and Winslow Ladue. John Owen was absent.

During the hearing several people expressed concerns about the $1,000 minimum. Matt Burke, in an e-mail, commented, “The income requirement of $1,000/year seems absurdly low for a working farm… Most anyone with a small flock of hens or a pumpkin patch could probably earn 1,000 bucks in a year.” Clark Hinsdale agreed. “It would be bad for all of us in agriculture if someone tried to slip in a small restaurant with a sham of an agricultural operation. If the farm café is supposed to be auxiliary to the farming operation, then $10,000 of gross product would be a more appropriate threshold.”

Comments about the size of the parcel were mixed. Stephen Brooks advocated for a smaller size, as small as an acre, so that the “little guy” who can’t afford to buy 10 acres could benefit. Matt Burke in his e-mail said, “By requiring 10 acres, the rule would favor those who could afford 10 acres, and potentially exclude new, small farms… it is very possible, and probably more important in the future, to operate farms with less land, less capital and less operational inputs. This can be as small as an acre or two, and still be incredibly productive and sustainable.”

Beth Tenney questioned how many potential café’s might be eligible throughout town, taking customers away from the commercial districts in the East and West Villages. Another audience member presented agricultural census data that identified scores of farms, based on the USDA definition, which is $1,000 of farm product. (Data from agcensus.usda.gov for zip code 05445 are 40 farms of 1-49.9 acres, 30 farms of 50-999 acres and 1 farm of over 1,000 acres.)

Taking off my Charlotte News hat, I asked the Selectboard to consider the potential impact on the Route 7 corridor if this regulation opened the door to multiple commercial operations. It has been the Town’s policy ever since the 1960s, when Charlotte’s first Planning Commission was formed, to keep Route 7 rural rather than succumbing to the suburban sprawl of neighboring towns.

Selectboard members negotiated the final language. Ed Stone proposed the “20/20” approach for the whole town, indicating he didn’t want to see a lot of cafés built and that the purpose of the regulations is to keep open spaces. Charles Russell was concerned that would “knock out a lot of possibilities.” Winslow Ladue said he liked the “10/10” approach but with a third test relating the income of the café to the farm operation. When the compromise of “20/20” on Route 7, “10/10” elsewhere in the rural district was proposed, Jenny Cole was concerned about having two different standards. It was determined, however, that there is also a difference in the minimum front setback requirement for building on Route 7 (100 feet from the right of way) and the rest of the district (50 feet from the right of way).

Another hearing on the farm café regulations was set for September 13 at 7:30 p.m. If no further changes are made then, the proposed regulations will be presented to the voters on November 2.

Other business at the August 23 meeting:

Four members were appointed to the new West Charlotte Septic Committee: David Marshall, Dana Farley, Vince Crockenberg and Jennie Auster. Winslow Ladue will be the facilitator for the group.

After brief discussion, the hearing on the proposed edits to the Flood Hazard regulations was closed with no changes from what the Planning Commission proposed. They will be brought to the voters for approval on November 2.

Bids were opened for the repairs to the Town Hall. The bidding process has revealed more work that may need to be done, so the matter was tabled. Winslow Ladue volunteered to draft additional specifications.