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HomeMy WebLinkAbout2021-04-12 Town Board MinutesTown of Danby Town BoardRegular First Monthly Board Meeting+ Public HearingMonday 12 April , 2021 at 7:00 PMvia Zoom Video Conferencing Meeting MinutesRoll Call :Town Board Joel Gagnon, SupervisorLeslie ConnorsJim HolahanSarah SchnabelMatt UlinskiCounty Legislator Dan KleinTown Justices Garry HuddleTheresa KlingerTown Planner David WestTown Code Enforcement Officer Steve CortrightTown Bookkeeper Laura ShawleyRecording Secretary Janice R. Adelman, Town Clerk 1.Call to Order at 19:01 by Town Supervisor Joel Gagnon1.1. Additions/Deletions to Agenda1.1.1. Jennings Pond Operating Permit to put under new business1.1.2.Off-Road Vehicle Noise to put under new business1.1.3.Schedule Public Hearing on ODA1.1.4.Delete 9.1. Appoint Ric Dietrich to County Broadband Committee2. Public Hearing on Proposed Law Adopting West Danby Water District Operating Policy2.1. Hearing opened at 19:042.2. Ronda Roaring voiced her support with thanks to whoever put in the time to create thepolicy.2.3. Bruce Richards (Water District Chair) voiced appreciation to the Board for taking the time toput this framework together to have standard operating procedures in place going forward.2.4. Hearing closed at 19:063.Privilege of the Floor3.1. Danby Resident Ronda Roaring brought forward the issue of zoning related to the Board ofZoning Appeals granting use variances and read the following from the NY State planning andzoning guide: “The Board of Appeals in granting a use variance shall grant the minimumvariance that it shall deem necessary and adequate to address the unnecessary hardshipproven by the applicant and at the same time,preserve and protect the character of theneighborhood 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 Supervisorfavors the homebuilder’s request for frontage over the preservation and protection of thecharacter 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 ClerkAdelman. Town of Danby Town Board Meeting + Public Hearing 12 April 2021 Page 2 of 10 3.2.2. Crane voiced his support of the proposed amendment to the subdivision moratorium toallow 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 takecertain actions with regard to policies about ODAs. He stated that after the meeting atleast one Planning Board member might have realized that they had more authority thanthey thought they had which would have resulted in different advice to the Town Boardthan was given.4.Correspondence - none5.Announcements5.1. Resident Ronda Roaring announced hearing on TV that COVID vaccination appointments areavailable 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 Dayroadside clean-up event on Saturday 24 April 2021. For more information contact Ted orPamela.6.Reports6.1.Code Enforcement Officer6.1.1. Supervisor Gagnon asked for clarification regarding the building permits that did notincur a charge. Code Enforcement Officer Cortright stated that any renewable energysource—be it solar, wind, or geothermal—has no charge on the fee schedule.6.2. Town Planner6.2.1. 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 becomeone 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 thefarm at 88 E Miller Road.6.2.2. Planning Board’s second meeting was a special meeting focused on the OpenDevelopment Area under considerationWell-attended; PB reviewing feedback; well attended.6.2.3. Met with the Conservation Working Group (CWG) and tomorrow will send out the firstdraft of zones for the low-density residential area that was worked up with CWGinvolvement.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 Group6.2.5.1. The kick-off meeting was well attended.6.2.5.2. Regular updates are being sent out through the town website. If you do notreceive those updates, you may sign-up using the Google form linked on thetownofdanbyny.org homepage.6.2.6. Other ongoing topics include6.2.6.1. Conversations about the Howland Road facility and the stop work order that wasissued 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 Clerk6.4. County Legislator Dan Klein Town of Danby Town Board Meeting + Public Hearing 12 April 2021 Page 3 of 10 6.4.1. Klein reported that Tompkins County (TC) is doing very well in its vaccination effort withthe second-highest vaccination rate in NY State of any county; the highest-rated county isHamilton 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 someentire states have accomplished.6.4.3. The County Highway projects list came out with two roads in Danby tentativelyincluded 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 doesnot have a lot of details but it seems to be very complicated. This is funded by a grantfrom the NY State Department of Environmental Conservation, who has a lot of oversightwhile the Highway Department generally doesn’t spend a lot of time working with theDEC agency.6.4.5. Every five years TC does an update on its land inventory and decides whether to keepor get rid of any particular land holdings. One .1 acre piece of land is being recommendedto 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 wascreated when the Hillview Road landfill was in operation for trucks to have a little moreroom 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 DOTor 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 ofbeing a place to pause before pulling out onto the highway where it is a rather steepapproach to that corner if you don’t use the flat spot at the top. In wintertime it ispotentially problematic when coming to a full stop on an incline.7.Consent Agenda7.1. Approval of Minutes7.1.1.March 1, 2021 (Special Meeting)7.1.2.March 8, 20217.1.3.March 17, 20217.2. Warrants7.2.1.General Fund No 7: Vouchers 98–120 for $19,799.257.2.2.Highway Fund No 7: Vouchers 70–85 for $57,569.007.2.3.Water District No 7: Vouchers 14–16 for $921.00 Resolution 69 of 2021 To Approve Consent AgendaMoved By:Connors Seconded By:Schnabel Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Town of Danby Town Board Meeting + Public Hearing 12 April 2021 Page 4 of 10 Ulinski X Gagnon XResolution 69 approved. 8.Old Business8.1.Public Health Emergency Plan ApprovalThe local Union responded with no objections. Resolution 70 of 2021 To Approve Public Health Emergency PlanMoved 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 XResolution 70 approved. 8.2. In-Person Public Meetings — Authorize video-conference participation expenditure8.2.1. Supervisor Gagnon updated the Board that he, Councilperson Schnabel, and ClerkAdelman met with Rene Carver a few weeks ago to discuss what would be needed toenable 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 roomwith mics and other equipment to enable two-way communication with Zoomparticipants. The quote is on the order of $3-4k.8.2.3. Councilperson Schnabel felt that the price seemed too high, particularly for the webcam 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 tocover the entire room along with a low-end Mac computer to hook up to a TV that wouldamount 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 Town of Danby Town Board Meeting + Public Hearing 12 April 2021 Page 5 of 10 Resolution 71 Passing Local Law 3 of 2021 Which Approves the Operating Policy for theWest Danby Water District. Be it resolved that the Town of Danby Approves the Operating Policy for the West Danby WaterDistrict. Moved By:Gagnon Seconded By:Holahan Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 71 approved. 8.4. Review Planning Board Advice re Open Development Area Wimsatt Property and ConsiderAdoption8.4.1. Planner West gave an overview of the Environmental Review:8.4.1.1. The Planning Board heard significant concern from the public around theconcept of an open development area; likely because it is a new approach that mightopen up options that people haven’t known about before. The Planning Boardreported that it is important to get more public feedback and make sure that peoplereally 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 withthe hope that the Town Board has the chance to hear some of that conversation andconsider 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 ofchanges that need to happen in the town related to the mismatch between theTown’s zoning ordinances and the comprehensive plan. To this end, the PlanningBoard would like to see the Town adopt a range of private road specifications thatwould allow someone to build a private road similar to what’s happening with thisODA.8.4.2. The Planning Board listed five specific items for the Town Board to consider in adoptingan ODA for this parcel:8.4.2.1. Ensure that there is a dedication of a conservation easement that limits thefuture 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 abandonedportion of the future Deputron Hollow Road on the narrow driveway and that theaccess way be preserved at its current width as much as possible so as not to cutdown any trees to widen the road. Town of Danby Town Board Meeting + Public Hearing 12 April 2021 Page 6 of 10 8.4.2.3. To limit future development of residential structures to a specific developmentarea outlined in the subdivision application with no new residential structuresallowed anywhere else.8.4.2.4. To conform to the Town of Danby’s comprehensive plan in protecting the ruralcharacter, and requiring a mutual access and maintenance agreement between theproperty 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 ofdevelopment requirements for access in this and future ODA considerations.8.4.3. Councilperson Holahan asked what the other options to consider that were referred toin the report.8.4.3.1. Ted Crane’s proposal8.4.3.2. Nancy Medsker’s proposal8.4.3.3. Both proposals offered other ways that an applicant could build a private roadonto the property and meet the frontage requirements and redraw lot linesratherthan 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 Westdrew on the map tonight, and understands now that the applicant is amenable tocreating 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 NDAwithout making it 50 feet wide is contradictory to then not allow the same thing tobe 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 residentshave voiced. The ODA allows one to not have a road but rather an access drivewaythat does not have to meet road standards.8.4.5. Councilperson Ulinski asked if the public will still have the right to access DeputronHollow Road; Councilperson Holahan followed with a question about ownership of theroad should one of these options be enforced.8.4.5.1. Planner West noted that this is a complicated question since he is not surethat technically the access right exists. Currently ownership is shared by theWimsatts’ and the other properties that are accessed by the road. However, thereis 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 Part2&3 by Planner David West8.5.1. Several questions arose about what an ODA on this property would mean for the parcelas well as for neighboring parcels.8.5.1.1. Adopting the ODA would approve the parcel’s subdivision and construction ofthe proposed home along with the possibility of an accessory dwelling unit at somepoint in the future. However, it does not change anything about any neighboringparcel. On the other hand, not doing an ODA and instead putting a private roadthere would enable development potential for those other neighboring parcels.Resolution 72 of 2021 To Finding that there is no significant environmental impact based on theSEQR submittedMoved By:Gagnon Seconded By:Connors Town of Danby Town Board Meeting + Public Hearing 12 April 2021 Page 7 of 10 Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 72 approved. 8.5.2. Scheduling the Public Hearing8.5.2.1. Councilperson Schnabel asked if we should be setting a public hearing onsomething that we don’t have in final form.8.5.2.2. The key components are already outlined (e.g., the property subdivision belimited to three lots with three dwellings and one accessory dwelling unit). Thedetails 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 contingentupon having the conservation easement in place that would include the restrictionsthat make the Town Board willing to approve it. Resolution 73 of 2021 to schedule a public hearing for April 21 at 7pmMoved By:Gagnon Seconded By:Connors Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 73 approved. 8.6.Consider Follow-up Letter to Tompkins County Legislature Planning, Energy, and EnvironmentalQuality Committee re Howland Rd Ag district Addition8.6.1. The Tompkins County Ag & Farmland Protection Board recommended the addition of theHowland Road property to the Ag District. It now goes to the Tompkins CountyLegislature’s Planning, Energy, Environmental Quality (PEEQ) Committee.8.6.2. County Legislator Dan Klein serves on the PEEQ committee and noted that the nextmeeting is two weeks from today. Klein believes that all of the information discussedhere 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 Town of Danby Town Board Meeting + Public Hearing 12 April 2021 Page 8 of 10 Resolved, that the Danby town Board reaffirms its opposition to the addition of Howland Roadproperty 29.-1-4.22 to Agriculture District 1 in year 2021 for reasons previously set forth in a letterto the County Agriculture and Farmland Protection Board and reiterated and expanded upon in aletter to the County Planning, Energy, and Environmental Quality Committee by Town PlannerDavid West. Moved By:Connors Seconded By:Holahan Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 74 approved. 9.New Business9.1. Jennings Pond Operating PermitResolution 75 of 2021 to Renew Jennings Pond Operating PermitMoved By:Connors Seconded By:UlinskiDiscussion revolved around the budget. The budget line was reduced some, but left enough tooperate the program this summer.Vote:Councilperson Aye No Absent Connors X Holahan X Schnabel X Ulinski X Gagnon XResolution 75 approved.9.2. Off-Road Vehicle Noise to put under new business9.2.1. A Committee will be formed to look at the options for dealing with noise that arecurrently 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 boardcan formalize it.9.3. Ric Dietrich has considered joining the County Broadband Committee - Tabled until nextmeeting to give Dietrich more time to consider.9.4.Proposed Local Law Amendment re Real Property Maintenance to Name Code EnforcementOfficer as the Enforcing Official Town of Danby Town Board Meeting + Public Hearing 12 April 2021 Page 9 of 10 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 Townemployee to enforce the Town’s Property Maintenance Law as such responsibilitysubstantially overlaps with enforcement of the NYS Building and fire Code; and Whereas,Amending a Local Law regarding staff assignments for Property Maintenance is aType II action involving routine or continuing agency administration and managementrequiring no further environmental review (N.Y. Comp. Codes R. & Regs. tit. 6 § 617.5c.26,33,); and Whereas,The Town Board desires feedback from the community on the proposedAmendment to LL1 of 1987. Resolved,that a public hearing on Proposed Local Law 4 of 2021: Amendment to LL1 of 1987is 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 XResolution 76 approved. 9.5.Proposed Local Law Amendment of Moratorium to add Large Lot ExemptionDraft Resolution scheduling public hearing Resolution XX of 2021: Schedule Public Hearing on Amendment to Moratorium onSubdivision 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 asanyone can come to the Board and ask for an exception to be made; yet it feels strangesaying that it’s ok if you have a lot of land to subdivide, but having less land you stillhave to come beg to us for approval. Town of Danby Town Board Meeting + Public Hearing 12 April 2021 Page 10 of 10 9.5.2. Supervisor Gagnon responded that for someone to receive a waiver from the TownBoard, they must show extreme hardship; some individuals would rather not share a lotof personal information in the process.9.5.3. Councilperson Schnabel agreed with most of what Connors said—she doesn’t think weshould amend this simply because one person doesn’t want to go through the processthat was put into place.9.5.4. Supervisor Gagnon noted that exempting someone from the moratorium does notexempt them from the subdivision process.9.5.5. Councilperson Holahan reiterated that we put the moratorium in place for a reason andamending it in this way would undo that effort. Since there are multiple reasonsbesides 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 allwent into the moratorium for different reasons. Yet this amendment definitely smacksof 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 Date10.1. Do we need to hold the additional Monday 4/19 meeting? Yes, we will meet on the 19th anddiscuss this issue to nail it down. Bring up to PB and CAC that they may be excluded fromthe 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. AdelmanTown Clerk