HomeMy WebLinkAbout2021-04-12 Town Board MinutesTown of Danby Town Board
Regular First Monthly Board Meeting
+ Public Hearing
Monday 12 April , 2021 at 7:00 PM
via Zoom Video Conferencing
Meeting Minutes
Roll Call
Town Board Joel Gagnon, Supervisor
Leslie Connors
Jim Holahan
Sarah Schnabel
Matt Ulinski
County Legislator Dan Klein
Town Justices Garry Huddle
Theresa Klinger
Town Planner David West
Town Code Enforcement Officer Steve Cortright
Town Bookkeeper Laura Shawley
Recording Secretary Janice R. Adelman, Town Clerk
1. Call to Order at 19:01 by Town Supervisor Joel Gagnon
1.1. Additions/Deletions to Agenda
1.1.1. Jennings Pond Operating Permit to put under new business
1.1.2. Off -Road Vehicle Noise to put under new business
1.1.3. Schedule Public Hearing on ODA
1.1.4. Delete 9.1. Appoint Ric Dietrich to County Broadband Committee
2. Public Hearing on Proposed Law Adopting West Danby Water District Operating Policy
2.1. Hearing opened at 19:04
2.2. Ronda Roaring voiced her support with thanks to whoever put in the time to create the
policy.
2.3. Bruce Richards (Water District Chair) voiced appreciation to the Board for taking the time to
put this framework together to have standard operating procedures in place going forward.
2.4. Hearing closed at 19:06
3. Privilege of the Floor
3.1. Danby Resident Ronda Roaring brought forward the issue of zoning related to the Board of
Zoning Appeals granting use variances and read the following from the NY State planning and
zoning guide: "The Board of Appeals in granting a use variance shall grant the minimum
variance that it shall deem necessary and adequate to address the unnecessary hardship
proven by the applicant and at the same time, preserve and protect the character of the
neighborhood and the health and safety and welfare of the community" (emphasis added).
Roaring stated that this has been misinterpreted in such that the Town Board and Supervisor
favors the homebuilder's request for frontage over the preservation and protection of the
character of the neighborhood and the health and safety and welfare of the community.
3.2. Danby Resident Ted Crane brought forward several topics:
3.2.1. Errors he found in the three March meeting minutes that he passed on to Clerk
Adelman.
Town of Danby Town Board Meeting + Public Hearing 12 April 2021
3.2.2. Crane voiced his support of the proposed amendment to the subdivision moratorium to
allow for larger lots to be exempted from the moratorium.
3.2.3. He is uncertain whether or not there is an official map of the Town of Danby highways.
[Supervisor Gagnon replied that there is one in existence.]
3.2.4. Regarding the Open Development Area as discussed at the last Planning Board (PB)
meeting, Crane pointed out to the PB that Section 280 gives the PB an authority to take
certain actions with regard to policies about ODAs. He stated that after the meeting at
least one Planning Board member might have realized that they had more authority than
they thought they had which would have resulted in different advice to the Town Board
than was given.
4. Correspondence - none
5. Announcements
5.1. Resident Ronda Roaring announced hearing on TV that COVID vaccination appointments are
available in Broome County for anyone who cannot get one in Tompkins County.
5.2. Resident Ted Crane announced that he and Pamela Goddard are organizing an Earth Day
roadside clean-up event on Saturday 24 April 2021. For more information contact Ted or
Pamela.
6. Reports
6.1. Code Enforcement Officer
6.1.1. Supervisor Gagnon asked for clarification regarding the building permits that did not
incur a charge. Code Enforcement Officer Cortright stated that any renewable energy
source —be it solar, wind, or geothermal —has no charge on the fee schedule.
6.2. Town Planner
6.2.1. Planning Board's first meeting approved three subdivision applications:
6.2.1.1. Preliminary plat approval for a 3-lot subdivision on Hornbrook Road to become
one 14-acre parcel, one 4-acre parcel, and one 11-acre parcel.
6.2.1.2. Final plat approval for minor subdivision at 319 Bald Hill Road.
6.2.1.3. Final plat approval for subdividing an historic farmhouse from the rest of the
farm at 88 E Miller Road.
6.2.2. Planning Board's second meeting was a special meeting focused on the Open
Development Area under consideration
Well -attended; PB reviewing feedback; well attended.
6.2.3. Met with the Conservation Working Group (CWG) and tomorrow will send out the first
draft of zones for the low -density residential area that was worked up with CWG
involvement.
6.2.4. The Hamlet Working Group (HWG) met and drilled down on hamlet zoning.
6.2.5. April 6 was the kick-off meeting for the zoning update process with the Planning Group
6.2.5.1. The kick-off meeting was well attended.
6.2.5.2. Regular updates are being sent out through the town website. If you do not
receive those updates, you may sign-up using the Google form linked on the
townofdanbyny.org homepage.
6.2.6. Other ongoing topics include
6.2.6.1. Conversations about the Howland Road facility and the stop work order that was
issued for work being done without a stormwater permit.
6.2.6.2. Noise complaints; Planner West can speak to that later in tonight's agenda.
6.3. Town Clerk
6.4. County Legislator Dan Klein
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Town of Danby Town Board Meeting + Public Hearing 12 April 2021
6.4.1. Klein reported that Tompkins County (TC) is doing very well in its vaccination effort with
the second -highest vaccination rate in NY State of any county; the highest -rated county is
Hamilton which only has about 4,500 residents.
6.4.2. TC has also just completed its 1 millionth COVID test which may be more than some
entire states have accomplished.
6.4.3. The County Highway projects list came out with two roads in Danby tentatively
included to be paved:
6.4.3.1. Coddington Road; most of the planned paving will be in the Town of Caroline.
6.4.3.2. Jersey Hill Road.
6.4.4. The Stream Stabilization Project on Station Road has again been postponed. Klein does
not have a lot of details but it seems to be very complicated. This is funded by a grant
from the NY State Department of Environmental Conservation, who has a lot of oversight
while the Highway Department generally doesn't spend a lot of time working with the
DEC agency.
6.4.5. Every five years TC does an update on its land inventory and decides whether to keep
or get rid of any particular land holdings. One .1 acre piece of land is being recommended
to be let go that is in the Town of Danby, on the corner of Hillview Road and Rte 3496.
6.4.5.1. This is an extra lane on the paved road that is called an acceleration lane that was
created when the Hillview Road landfill was in operation for trucks to have a little more
room to negotiate the turn off of and onto Rte 3496.
6.4.5.2. Since it is not needed anymore, TC is recommending to give it either to NYS DOT
or if the adjacent landowner is interested in it.
6.4.5.3. Supervisor Gagnon noted that the lane, since it is paved, does serve a purpose of
being a place to pause before pulling out onto the highway where it is a rather steep
approach to that corner if you don't use the flat spot at the top. In wintertime it is
potentially problematic when coming to a full stop on an incline.
7. Consent Agenda
7.1. Approval of Minutes
7.1.1. March 1. 2021 (Special Meeting)
7.1.2. March 8, 2021
7.1.3. March 17, 2021
7.2. Warrants
7.2.1. General Fund No 7: Vouchers 98-120 for $19,799.25
7.2.2. Highway Fund No 7: Vouchers 70-85 for $57,569.00
7.2.3. Water District No 7: Vouchers 14-16 for $921.00
Resolution 69 of 2021 To Approve Consent Agenda
Moved By: Connors Seconded By: Schnabel
Vote:
Councilperson Aye No Absent
Connors X
Holahan X
Schnabel X
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Town of Danby Town Board Meeting + Public Hearing 12 April 2021
Ulinski X
Gagnon X
Resolution 69 approved.
8. Old Business
8.1. Public Health Emergency Plan Approval
The local Union responded with no objections.
Resolution 70 of 2021 To Approve Public Health Emergency Plan
Moved By: Gagnon Seconded By: Schnabel
Discussion: Councilperson Ulinski gave credit to Steve Cortright for putting this together.
Vote:
Councilperson Aye No Absent
Connors X
Holahan X
Schnabel X
Ulinski X
Gagnon X
Resolution 70 approved.
8.2. In -Person Public Meetings — Authorize video -conference participation expenditure
8.2.1. Supervisor Gagnon updated the Board that he, Councilperson Schnabel, and Clerk
Adelman met with Rene Carver a few weeks ago to discuss what would be needed to
enable hybrid -zoom and in -person meetings once the pandemic ban has been lifted.
8.2.2. Carver provided a quote for a TV mounted on a cart to have Zoom in the meeting room
with mics and other equipment to enable two-way communication with Zoom
participants. The quote is on the order of $3-4k.
8.2.3. Councilperson Schnabel felt that the price seemed too high, particularly for the web
cam and the mic, in her opinion.
8.2.4. Some question about economical value versus good equipment.
8.2.5. The Board was not in a place to finalize this at this meeting.
8.2.6.Suprevisor Gagnon was inclined to authorize an amount up to a certain number;
Schnabel wondered what budget line this might come from.
8.2.6.1. Gagnon suggested the building capital reserves fund.
8.2.6.2. Shawley said that we can take a look at the budget line -by-line.
8.2.6.3. This is also something that we could use the COVID money for.
8.2.7. Ted Crane asked if we had considered a low -tech version using mulitple web cams to
cover the entire room along with a low -end Mac computer to hook up to a TV that would
amount to less than $1k.
8.2.8. Tabled until next Wednesday's meeting.
8.3. Local Law 3 of 2021 to Adopt West Danby Water District Operating Policy
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Town of Danby Town Board Meeting + Public Hearing 12 April 2021
Resolution 71 Passing Local Law 3 of 2021 Which Approves the Operating Policy for the
West Danby Water District.
Be it resolved that the Town of Danby Approves the Operating Policy for the West Danby Water
District.
Moved By: Gagnon Seconded By: Holahan
Vote:
Councilperson
Aye
Connors
X
Holahan
X
Schnabel
X
Ulinski
X
Gagnon X
Resolution 71 approved.
No Absent
8.4. Review Planning Board Advice re Open Development Area Wimsatt Property and Consider
Adoption
8.4.1. Planner West gave an overview of the Environmental Review:
8.4.1.1. The Planning Board heard significant concern from the public around the
concept of an open development area; likely because it is a new approach that might
open up options that people haven't known about before. The Planning Board
reported that it is important to get more public feedback and make sure that people
really understand the ODA concept as it moves forward.
8.4.1.2. The Planning Board also heard feedback about considering different options
and recommendations as to different ways that the development could be done with
the hope that the Town Board has the chance to hear some of that conversation and
consider it while reviewing the idea of approving the ODA.
8.4.1.3. Lastly, the Planning Board noted that this ODA is wrapped up with a lot of
changes that need to happen in the town related to the mismatch between the
Town's zoning ordinances and the comprehensive plan. To this end, the Planning
Board would like to see the Town adopt a range of private road specifications that
would allow someone to build a private road similar to what's happening with this
ODA.
8.4.2. The Planning Board listed five specific items for the Town Board to consider in adopting
an ODA for this parcel:
8.4.2.1. Ensure that there is a dedication of a conservation easement that limits the
future development potential as proposed in the subdivision application.
8.4.2.2. That it be required that access to the parcels is provided on the abandoned
portion of the future Deputron Hollow Road on the narrow driveway and that the
access way be preserved at its current width as much as possible so as not to cut
down any trees to widen the road.
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Town of Danby Town Board Meeting + Public Hearing 12 April 2021
8.4.2.3. To limit future development of residential structures to a specific development
area outlined in the subdivision application with no new residential structures
allowed anywhere else.
8.4.2.4. To conform to the Town of Danby's comprehensive plan in protecting the rural
character, and requiring a mutual access and maintenance agreement between the
property owners who will share the access rights to prevent any future issues.
8.4.2.5. Having a standard requirement on the limitations on the amount of
development requirements for access in this and future ODA considerations.
8.4.3. Councilperson Holahan asked what the other options to consider that were referred to
in the report.
8.4.3.1. Ted Crane's proposal
8.4.3.2. Nancy Medsker's proposal
8.4.3.3. Both proposals offered other ways that an applicant could build a private road
onto the property and meet the frontage requirements and redraw lot linesrather
than adopt the ODA.
8.4.4. Resident Ted Crane requested to add two sentences to Planner West's update.
8.4.4.1. Crane indicated that he had presented the same plan a month ago that West
drew on the map tonight, and understands now that the applicant is amenable to
creating a lot line right in the old road.
8.4.4.2. Crane also noted that approving the use of the old road through an NDA
without making it 50 feet wide is contradictory to then not allow the same thing to
be done as a private road —it is the same road.
8.4.4.3. Planner West responded that this is a common confusion that many residents
have voiced. The ODA allows one to not have a road but rather an access driveway
that does not have to meet road standards.
8.4.5. Councilperson Ulinski asked if the public will still have the right to access Deputron
Hollow Road; Councilperson Holahan followed with a question about ownership of the
road should one of these options be enforced.
8.4.5.1. Planner West noted that this is a complicated question since he is not sure
that technically the access right exists. Currently ownership is shared by the
Wimsatts' and the other properties that are accessed by the road. However, there
is not an inherent right of the public to access it.
8.4.5.2. Attorney Hayden Brainard noted that it is private property.
8.4.5.3. It is private property now and would remain private property with the ODA.
8.5. SEQR review of Open Development Area Proposal - Full Planning Board Application; Draft Part
2&3 by Planner David West
8.5.1. Several questions arose about what an ODA on this property would mean for the parcel
as well as for neighboring parcels.
8.5.1.1. Adopting the ODA would approve the parcel's subdivision and construction of
the proposed home along with the possibility of an accessory dwelling unit at some
point in the future. However, it does not change anything about any neighboring
parcel. On the other hand, not doing an ODA and instead putting a private road
there would enable development potential for those other neighboring parcels.
Resolution 72 of 2021 To Finding that there is no significant environmental impact based on the
SEQR submitted
Moved By: Gagnon Seconded By: Connors
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Town of Danby Town Board Meeting + Public Hearing 12 April 2021
Vote:
Councilperson Aye No Absent
Connors X
Holahan X
Schnabel X
Ulinski X
Gagnon X
Resolution 72 approved.
8.5.2. Scheduling the Public Hearing
8.5.2.1. Councilperson Schnabel asked if we should be setting a public hearing on
something that we don't have in final form.
8.5.2.2. The key components are already outlined (e.g., the property subdivision be
limited to three lots with three dwellings and one accessory dwelling unit). The
details of the conservation easement will need to be run by the lawyer beforehand,
8.5.2.3. We can hold the public hearing, with the approval of the ODA being contingent
upon having the conservation easement in place that would include the restrictions
that make the Town Board willing to approve it.
Resolution 73 of 2021 to schedule a public hearing for April 21 at 7pm
Moved By: Gagnon Seconded By: Connors
Vote:
Councilperson Aye No Absent
Connors X
Holahan X
Schnabel X
Ulinski X
Gagnon X
Resolution 73 approved.
8.6. Consider Follow-uo Letter to Tomokins Countv Leeislature Plannine. Enerev. and Environmental
Quality Committee re Howland Rd Ag district Addition
8.6.1. The Tompkins County Ag & Farmland Protection Board recommended the addition of the
Howland Road property to the Ag District. It now goes to the Tompkins County
Legislature's Planning, Energy, Environmental Quality (PEEQ) Committee.
8.6.2. County Legislator Dan Klein serves on the PEEQ committee and noted that the next
meeting is two weeks from today. Klein believes that all of the information discussed
here will be presented at the meeting in its entirety.
Resolution 74 Reaffirming Opposition to the Addition of Howland Road Property 29.-1-4.22 to Ag.
District 1
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Town of Danby Town Board Meeting + Public Hearing 12 April 2021
Resolved, that the Danby town Board reaffirms its opposition to the addition of Howland Road
property 29.-1-4.22 to Agriculture District 1 in year 2021 for reasons previously set forth in a letter
to the County Agriculture and Farmland Protection Board and reiterated and expanded upon in a
letter to the County Planning, Energy, and Environmental Quality Committee by Town Planner
David West.
Moved By: Connors Seconded By: Holahan
Vote:
Councilperson Aye No Absent
Connors X
Holahan X
Schnabel X
Ulinski X
Gagnon X
Resolution 74 approved.
9. New Business
9.1. Jennings Pond Operating Permit
Resolution 75 of 2021 to Renew Jennings Pond Operating Permit
Moved By: Connors Seconded By: Ulinski
Discussion revolved around the budget. The budget line was reduced some, but left enough to
operate the program this summer.
Vote:
Councilperson Aye No Absent
Connors X
Holahan X
Schnabel X
Ulinski X
Gagnon X
Resolution 75 approved.
9.2. Off -Road Vehicle Noise to put under new business
9.2.1. A Committee will be formed to look at the options for dealing with noise that are
currently in place. The committee will be chaired by Betsy Keokosky.
9.2.2. The committee meetings will be put on the calendar.
9.2.3. Councilperson Ulinksi asked for Keokosky to put something together so that the board
can formalize it.
9.3. Ric Dietrich has considered joining the County Broadband Committee - Tabled until next
meeting to give Dietrich more time to consider.
9.4. Proaosed Local Law Amendment re Real Property Maintenance to Name Code Enforcement
Officer as the Enforcing Official
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Town of Danby Town Board Meeting + Public Hearing 12 April 2021
Resolution 76 of 2021 to Schedule Public Hearing on Proposed Local Law 4 of 2021:
Amendment to LL1 of 1987
Whereas, The Town Board finds that the Code Enforcement Officer is the appropriate Town
employee to enforce the Town's Property Maintenance Law as such responsibility
substantially overlaps with enforcement of the NYS Building and fire Code; and
Whereas, Amending a Local Law regarding staff assignments for Property Maintenance is a
Type II action involving routine or continuing agency administration and management
requiring no further environmental review (N.Y. Comp. Codes R. & Regs. tit. 6 § 617.5
c.26,33j; and
Whereas, The Town Board desires feedback from the community on the proposed
Amendment to LL1 of 1987.
Resolved, that a public hearing on Proposed Local Law 4 of 2021: Amendment to LL1 of 1987
is scheduled for the next Town Board meeting on April 21, 2021 at 7pm.
Moved By: Gagnon Seconded By: Schnabel
Vote:
Councilperson Aye No Absent
Connors X
Holahan X
Schnabel X
Ulinski X
Gagnon X
Resolution 76 approved.
9.5. Proposed Local Law Amendment of Moratorium to add Large Lot Exemption
Draft Resolution scheduling public hearing
Resolution XX of 2021: Schedule Public Hearing on Amendment to Moratorium on
Subdivision in the Low Density Residential Zone
Moved By: Gagnon Seconded By: Ulinski
9.5.1. Councilperson Connors has mixed feelings about this proposed amendment insofar as
anyone can come to the Board and ask for an exception to be made; yet it feels strange
saying that it's ok if you have a lot of land to subdivide, but having less land you still
have to come beg to us for approval.
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Town of Danby Town Board Meeting + Public Hearing 12 April 2021
9.5.2. Supervisor Gagnon responded that for someone to receive a waiver from the Town
Board, they must show extreme hardship; some individuals would rather not share a lot
of personal information in the process.
9.5.3. Councilperson Schnabel agreed with most of what Connors said —she doesn't think we
should amend this simply because one person doesn't want to go through the process
that was put into place.
9.5.4. Supervisor Gagnon noted that exempting someone from the moratorium does not
exempt them from the subdivision process.
9.5.5. Councilperson Holahan reiterated that we put the moratorium in place for a reason and
amending it in this way would undo that effort. Since there are multiple reasons
besides the size of the property, to be fair we need to leave it as is.
9.5.6. Councilperson Ulinski noted that it is a very complicated situation in that the Board all
went into the moratorium for different reasons. Yet this amendment definitely smacks
of unfairness. Ulinski felt the same way about the tax law that we passed.
9.5.7. Supervisor Gagnon withdrew the motion.
10. Discussion of Next Meeting Agenda and Date
10.1. Do we need to hold the additional Monday 4/19 meeting? Yes, we will meet on the 19th and
discuss this issue to nail it down. Bring up to PB and CAC that they may be excluded from
the review process we had offered them and vote on that.
10.2. Agenda items for the 21st
- 2 Public Hearings - CEO and ODA
- Petition?
11. Adjourn at 21:21
Submitted by Janice R. Adelman
Town Clerk
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