Local law proposed: Manure storage an issue

A public hearing on Local Law No. 1 of 2014, “To Amend the Town Code Chapter 98, Titled ‘Zoning’ by Adding a New [Section] 98-48.13 Titled, ‘Storage of Manure,’” was held at the North East Town Board meeting on Thursday, May 8. Though it didn’t draw a large crowd, those who were there spoke out strongly, questioning the need for such a law.Farmer Lynn Mordas of Dashing Star Farm in the Coleman Station historic district of the town of North East, spoke first.“A clearly stated goal in the Agricultural and Farmland Protection Plan [AFPP] was to encourage town policies and regulations that are supportive to agriculture,” she said. “One action step related to this in the AFPP was the promulgation of a town Right-to-Farm Law. Proposed Local Law No. 1 of 2014 would appear to act contrary to that goal.”She then recommended the proposed legislation be referred to the town’s Agricultural Advisory Committee (AAC) for review and analysis.According to its text, “The purpose and intent of this Local Law is to address the potential adverse impacts that the improper storage of manure may have on public roads, groundwater and/or wells within the town of North East when such storage is improperly conducted. The Town Board believes that there are provisions contained in the town of North East Code, and in the New York State Property Maintenance Code, which can be utilized to control this use but that a clearly drafted amendment to the Zoning Law regulating the storage of manure is necessary and would be in the best interests of the health, safety and welfare of the town of North East and its citizens.”According to Highway Superintendent Bob Stevens, the impetus for the law was Mordas’ farming operation, by Mill and Indian Lake roads. Stevens said there was a shallow area on her property where manure and water would pond. When that area was filled in the manure and water would then drain onto the roadway, causing damage.“The ponding water soaks into the shoulder, goes under the pavement and road base and the water weakens that material and causes failure of the pavement, which causes the shoulder to fail, which then can no longer support the pavement,” he explained. After such a succession of events happened on Mill Road roughly two years ago, Stevens said, the town highway crew had to shim the area and blacktop it to correct the damage. The 75-foot stretch of road was then sealed with oil and stone.But Mordas maintained her operations have always adhered to the rigours of the law, and not caused undue harm to the roadway. She said she was cleared of any wrongdoing in court.Mordas’ neighbor, Rob Kuhbach, also attended the public hearing, in support of her farming practices.“I’m not clear what the purpose of the law intended,” he said to the board. “I haven’t been aware of any serious issue … I’m trying to understand the background.”Mordas stood her ground, and further stated that “farms in the town of North East and the families that operate them have served as good stewards of the land and other environmental resources for over 200 years.”She mentioned the state even recognized that heritage by listing the Coleman Station Historic District “as one of only two historic districts in New York on the State and National Registers of Historic Places based on agriculture.” “Farmers in the town of North East have worked diligently to conserve resources and assist in avoiding denigration of the environment,” she said. “The harmonious relationship between agriculture as an industry in the town of North East and the positive environmental impacts it brings serves to promulgate both the town and the village as attractive places in which to live and which to visit.”The Dashing Star Farm owner stressed that water runoff contaminated with manure had little chance of making it to the roadway, as it has always been properly stored.The highway superintendent maintained the waste-filled runoff was making it to the road, saying that “not-so-nice water ponds on the shoulder of the road.”Town Supervisor John Merwin spoke in favor of the proposed local law.“[The Department of] Ag and Markets advised this is the appropriate way to handle this,” he said.“It’s a very simple local law,” added Attorney to the Town Warren Replansky. “It’s not geared toward controlling or limiting farming. It’s geared toward the problem of manure being stored very close to town roads and causing health and safety problems for the highway superintendent.”The manure is to be stored 100 feet or more from the center line of the roadway. In addition to getting the OK from Ag and Markets on the general approach, the local law is also consistent with the position of Dutchess County Soil and Water. The Dutchess County planning department, meanwhile, advised that it’s a matter of local concern.Following the discussion there were no more remarks from the crowd so the public hearing was closed; the matter, however, was tabled until the board hears from Ag and Markets and the town Planning Board on the local law specifically.