HomeMy WebLinkAbout2022-03-01 Town Board MinutesRoll Call:
The Town of Danby, New York
1830 Danby Road, Ithaca, NY 14850
https://danby.ny-.gov
+1-607-277-4788 1 townboard(a danby.ny.gov
Town Board Regular Meeting
Tuesday 1 March 2022
Meeting Minutes
Town Board Joel Gagnon, Supervisor
Leslie Connors
H Katharine Hunter
Sarah Schnabel
Pat Woodworth
Town Planner David West
Town Code Enforcement Officer Steve Cortright
Town Bookkeeper Laura Shawley
Recording Secretary Janice Adelman, Town Clerk
Meeting Called to Order at 19:02 by Supervisor Gagnon
2. Additions/Deletions to Agenda
2.1. Revisit Level of Operation -- Masks?
2.2. Share Broadband Study Data With County?
3. Privilege of the Floor
3.1. Ronda Roaring addressed 2 topics: (1) contract concerning Danby Food
Pantry. Felt it was not clear enough as to who was to be served by the
Food Pantry. When she first started going there, there were a lot of
people who were there who were not residents of the Town of Danby.
She does not feel that anyone has the right to be served by the Food
Pantry except Danby residents. (2) DCC contract - per her experience
as executive director of TC SPCA , there are crazy things that go on in
all kinds of small, rural 501c3 organizations. The President of the Board
of the SPCA stole thousands of dollars from the account. She is asking
the town to do due diligence and speak to other organizations that are
able to provide more services and more ... than the DCC.
3.2. Barbara Romano wanted to express her displeasure with what's happening
on Durfee Hill Road. A small tiny triangular lot was sold at an auction last
fall. Due to it being a pre-existing taxable parcel, the zoning was
grandfathered on it and it can be built upon. It is less than .5 acres. She has
Town of Danby Board Meeting
Tuesday 7 March 2022 at 7:OOPM
spent numerous hours researching deeds and documents and maps dating
back to 1940. Access to maps has been extremely challenging, and looking
at a variety of maps and surveys from different companies. It concerned her
that the land that was recently surveyed by TG Miller, though she hasn't
seen it yet, that the information is correct. When looking at the architect's
plan to build it is concerning with regard to the size of the width of the
driveway and the house on the .484 acre lot. Trying to look at the planning
and zoning laws that Danby spent trying to put into place since 1991 and
understands this was a parcel back in 1974. Romano expressed concerns
about that and would like consideration to have people look at this lot, which
is very tiny when seeing it in person. The buyer plans to infill the lot which is
very wet, though not designated as a wetlands, but has a lot of shale in
some areas, clay in others. Romano wanted to make the Town Board aware
of this situation. She also commended the planning and zoning folks who
have dedicated so much time to this, but would really like to see them have
a little bit more empowerment, to take a look at what's really occurring or
may occur and approved for this building on this land in a low -density, rural
one zone. Thank you.
3.3. Pamela Goddard, President of the DCC, needed to respond to Roaring's
allegations. With apologies that Roaring had a negative experience with
another organization in another county in another field of service, Goddard
noted that to take that experience and then smear the DCC feels quite
unfair. Goddard stated that the DCC has done exemplary work as has been
described by the Town Supervisor, and their record keeping has been good;
they are able to account for all of the money spent and received, they have
been awarded grants from the United Way, the Community Arts Partnership,
and other places. She highlighted a recent grant this year for the concert
series from the Community Art Partnership. Goddard wanted to set the
record straight that the DCC is a viable and well -run organization doing their
jobs well. She hopes that the Town Board will agree with the version of the
contract negotiated between her and Supervisor Gagnon. The members of
the DCC are fully behind the contract as it reads now and hopes the Board
will support that.
3.4. Marty Gold (Marty Gold 105 Durfee Hill Rd, 607-351-8765,
martinegoldl05@gmail.com) along with her husband, Doug Beyer living
behind the proposed development of the less than half -acre property that
Barbara Romano was talking about. Her purpose in speaking tonight is to
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Tuesday 1 March 2022 at 7:OOPM
share serious concerns with their experience this far with development under
the new zoning regulations. Before this proposed development even got to
the planning board, the process had problems. The lot, which had sat vacant
and undeveloped since the 70s was acquired by the county for delinquent
taxes. The County then turned around and put the lot up for sale through
auction without even notifying us or other neighbors with adjoining property,
and a local architect purchased the property. We were still under the
impression that the property in the new rural zone one could support
minimal development at most under the new zoning regulations. My
husband and I, along with our neighbors on Durfee Hill Road were greatly
dismayed to learn that, under the new zoning regulations, a 24-foot wide
driveway, a two -and -a -half -story house, a 900 square foot workshop could
be constructed on this property. After discussions with the Town Planner,
Supervisor, the Planning Board and Health Department, it has become
evident that the oversight process is fragmented. No one entity has
responsibility or authority to ensure what you intended in preserving the
rural character in Danby. Instead, each party has a set of parameters that
has more exceptions and loopholes than solid protections. Even though it is
good practice to require a minimum of one acre of land for septic system
and 200 feet between a septic system and well when there are factors like
high water table and fractured shale, an engineer hired and paid for by the
developer can get a waiver from the health department to put in a septic
system just 105 feet from our well. Visual mitigation between the two
properties is addressed but only when possible and even when a new
development would require five to ten acres, not 175 feet between two
houses. There was little protection is the regulations that will address
damage that will occur from increased stormwater that will run downhill
unimpeded by trees on to our property. And the potential exists for the site
plan to be approved before there is an opportunity to complete a perc test
that will determine if and where drainage ditches connected to the septic
system can be located. As a result, we feel compelled and have retained
legal counsel to help ensure our concerns are heard. We bring these issues
to you now asking for your support in helping to ensure that, given the
potential for significant negative impact on our home and neighbors, that
the planning board delay the approval process until these issues can be fully
explored and addressed and I would like to invite anyone on this call, and
especially those members of the town board to come to our property and
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judge for yourself, and I will put my contact information in the chat Thank
you.
4. Correspondence
4.1. Danby Infrastructure letter dated 18 February 2022 and addressed to the
Danby Town Board:
The Danby Town Supervisor's monthly update rarely has any information
about improving or maintaining the town infrastructure. Most of the work
the board is doing seems to be relative to zoning and redistricting does
nothing to maintain our rapidly deteriorating infrastructure.
Many of the roads in the town are in dreadful condition and in need of
major improvements. Two examples that come to mind are Gunderman
Road and E. Miller Rd.
Gunderman Road from Route 96B to Comfort Road has broken up
severely over the last few years. We now have patches on top of patches.
The shoulders erode every time we have heavy rain or runoff. The bridge
at the east end has been limited to one-way traffic for over three years
due to its dangerous condition. Both of these conditions need major
improvements such as total repaving and replacement, not just barricades
and patches, as soon as possible to prevent further damage or worse yet
cause an accident.
E. Miller Rd. from Route 96B to the town line is also badly in need of total
repaving due to multiple potholes and broken pavement plus the
unfinished condition of the 2021 bridge/culvert replacement.
Maintenance of town infrastructure should be a much higher priority for a
town board not only for the safety and convenience of existing residents
but to present a face to newcomers and visitors of which we can be proud.
Respectfully,
L. Patrick Caveney and Judith A. Caveney
5. Announcements
5.1. Woodworth noted that Ed Inman, former Town Supervisor, and Ralph
Bowles, a volunteer Fire Fighter passed away.
5.1.1. The Town Board acknowledges and appreciates their service to the
Town.
6. Reports & Presentations
6.1. Code Enforcement MONTHLY ACTIVITY: February 2022
BUILDING PERMITS ISSUED Ivalue Fee
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Town of Danby Board Meeting
Tuesday 7 March 2022 at 7:OOPM
New Residential Construction
Renovations/Other
292 Durfee Hill Rd - Cell Tower
upgrade
50,000
250.00
100Travor Rd - stabilize sagging
barn
10,000
50.00
145E.Miller Rd - pellet stove
2,500
50.00
695 Fisher Settlement Rd
21,025
50.00
MONTH TOTALS
83,525
400.00
YTD TOTALS
412,891
1366.50
PREVIOUS YTD TOTALS
329,366
966.50
CERTIFICATES OF COMPLIANCE
100 Fieldstone Ln - replacement windows
CERTIFICATES OF OCCUPANCY
5 Town Line Rd - single family Dwelling
31 Comfort Rd - whole house renovations
ADDITIONAL ACTIVITY
Renewed BP for 251 Bald Hill Rd - 2 car garage w/ studio above
11 Construction inspections
3 people in the office for code related business
6.5 hrs. in-service training
1 hr record keeping and public service
1 hr. part 1208 overview
2 hr heat pump installation non -conformities
2.5 hr. Flood plain administrators
37 Hours for Town of Caroline
6.2. Planner
6.2.1. The start of site plan review for 121 Durfee Hill Road where John
Barradas has applied to build a house on that lot. As previously heard
in this meeting, it is contentious, and it is a lot that was in existence
prior to the creation of zoning that required larger lot sizes. As such,
based on our current law and every past zoning law in the Town of
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Town of Danby Board Meeting Tuesday 1 March 2022 at 7:OOPM
Danby, a house is allowed to be built on it. The site plan review will
continue this month.
6.2.2. Last month, the BZA heard 1316 Coddington Road which had been
before the Board last year. It's one of a few projects that fits under the
out that the Town Board gave when adopting the zoning to allow
projects that were currently being reviewed to continue with review
under the previous zoning. The parcel had been given a variance
when it was created that came with some conditions; the BZA heard a
request to amend those conditions. BZA approved the amendment
and it will return to the Planning Board for further review.
6.2.3. Continuing to work with County Soil and Water Conservation District
on studying the stream tributary to buttermilk creek that crosses
under 96B at East and West Miller Road. Received permission from all
of the landowners with the exception of Shane Spencer who owns the
Dobson parcel which is still in probate. The engineers will be surveying
the stream to help develop a computer model of the area that can be
used to test various options to reduce flooding in that area.
6.2.4. Making maps for the Hamlet Development Septic Study with Hunter
Engineers. We are thinking about possible options for infill
development in the hamlet where it's been prioritized by the
Comprehensive Plan.
6.3. Town Clerk February 2022 Report
Pursuant to Section 27, Subd 1 of the Town Law, l hereby make the following
statement of all fees and moneys received by me in connection with my office
during the month stated above, excepting only such fees and moneys the
application and payment of which are otherwise provided for by Law:
Total
Remit to
Budget * Monies External Remit to Danby
Dept Line Description Qty Collected Agency Agency Gen Fund
Clerk
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Town of Danby Board Meeting
A2544 Dog Licenses
Code A2555 Building Permits
Plann
er
A2110 Zoning Appeals
A2115 Planning Fees
Tuesday 7 March 2022 at 7:OOPM
13 216.00 NYS A&M $23.00 $193.00
5 411.00 — 0 $411.00
1 125.00 — 0 $125.00
1 220.00 — 0 $220.00
Grand Totals $972.00 $23.00 $949.00
STATE OF NEW YORK, COUNTY OF TOMPKINS, TOWN OF DANBY
I, Janice Adelman, being duly sworn, say that I am the Clerk of the Town of Danby
and that the foregoing is a full and true statement of all Fees and moneys
received by me during the month above stated, excepting only such Fees the
application and payment of which are otherwise provided for by law.
Subscribed and sworn this 28th day of February 2022
—Janice Adelman
7. Consent Agenda
7.1. Meeting Minutes
7.1.1. 17 February 2022 Special Meeting for Highway Voucher Approval
7.1.2. 16 February 2022 Regular Board Meeting.
7.1.3. 4 January 2022 Public Hearing + Organizational Meeting
7.2. Warrants
7.2.1. General Fund Abstract 5, Vouchers 65-83 for $12,513.87
7.2.2. Highway Fund Abstract 5, Vouchers 39-48 for $41,004.21
Resolution 77 of 2022 To Approve the Consent Agenda
Moved By: Connors Seconded By: Woodworth
Vote:
Councilperson Aye
Connors X
Hunter X
Schnabel
Woodworth X
Nay Abstain
X
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Town of Danby Board Meeting Tuesday 7 March 2022 at 7:OOPM
Gagnon X
Resolution 77 approved
8. Business
8.1. Transfer of Development Rights -- GEIS as is, or Revised?
8.1.1. This was pulled from the zoning revision because it required a GEIS.
Before going forward with this TDR plan, West wants to be sure that
the TDR proposal is ready or if it needs to be revised.
8.1.2. West noted that Article 14 had the most complaints from the public.
8.1.3. Board consensus was a willingness to do the GEIS based on what was
in the proposed zoning law.
8.2. How to Organize Planning Going Forward
8.2.1. Gagnon prefaced this by noting that Planning is a Town Board
responsibility. In the last 2 years, the Planning Group played a lead
role in bringing things to the Town Board.
8.2.2. West and Gagnon have discussed how work should be guided this
year. Now looking for feedback as to how much control is desired for
these plans; what would you like Planner West to work on, the
Planning Board to work on, the committees to work on?
8.2.3. West gave a brief presentation setting forth the variety of options for
structuring planning activity, suggesting that the options could be
tailored to the tasks to be undertaken. Board members were asked to
review the list of tasks and consider which approaches best fit, the
result to be the basis for further discussion at the next board meeting.
8.2.3.1. Gagnon said he would like to give guidance to David now on
Short-term rentals to get consideration of that topic up and
running. The Board offered the following committee to consist
of 1 TB,1 PB, and 3 community members
8.2.3.2. Leslie volunteered to be TB member.
Resolution 78 of 2022 To Set Up An Advisory Committee to Look at Short -Term
Rentals
Moved By: Woodworth Seconded By: Gagnon
Resolved that an advisory committee be created to review short-term rentals in the
Town of Danby comprised of up to five members:
1. One Town Board Member, chosen by the Town board,
2. One Planning Board member, chosen by the Planning Board or David West,
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Town of Danby Board Meeting Tuesday 7 March 2022 at 7:00PM
and
3. Two to three members of the public representing individuals who are both
interested and uninterested in setting up short-term rentals, chosen by David
West.
Vote:
Councilperson Aye
Connors X
Hunter X
Schnabel X
Woodworth X
Gagnon X
Resolution 78 approved
Nay Abstain
Resolution 79 of 2022 To Appoint Leslie Connors to the Advisory Committee as
the Town Board Representative
Moved By: Gagnon Seconded By: Schnabel
Vote:
Councilperson Aye Nay Abstain
Connors X
Hunter X
Schnabel X
Woodworth X
Gagnon X
Resolution 79 approved
8.3. Procurement Policy
8.3.1. Discussions entailed suggested edits with a thorough review of the
policy guidelines.
8.3.2. Policy is tabled so Schnabel can revise and bring it back to the Board
for approval.
8.4. Food Pantry Local Law -- Set Public Hearing
8.4.1. The OSC auditors have challenged the distribution of town funds to
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Town of Danby Board Meeting
Tuesday 7 March 2022 at 7:OOPM
the Food Pantry, citing the no -gift provisions of NY State Constitution.
After discussions with Town Attorney Guy Krogh, who spoke with an
OSC Attorney, and then with an ACT attorney, the resulting solution is
to create a law to authorize this financial support.
Resolution 80 of 2022 To Schedule a Public Hearing to be Held on 16 Mar 2022 at
7PM to Hear From the Public Regarding Local Law 2 of 2022 Authorizing a
Contract With a Local Food Pantry to Provide Food to the Needy of the Town.
Moved By: Schnabel Seconded Woodworth
By:
Point of clarification that this local law is not the actual contract with the Food
Pantry, it is just the LL to allow us to contract with them.
Vote:
Councilperson
Aye Nay Abstain
Connors
X
Hunter
X
Schnabel
X
Woodworth
X
Gagnon X
Resolution 80 approved
8.5. Contracts With NGOs -- Updates and Associated Action
8.5.1. Woodworth had a problem with the funding for youth services.
8.5.2. Pamela wants to see Guy's comments. And noted that the youth
services funding is a grant that is matched with town funds.
8.5.3. Discussion is tabled until next meeting.
8.6. Town Newsletter Planning Update
8.6.1. E-newsletter to be emailed Wednesday or at the latest Thursday.
8.6.2. Paper newsletter to be done for April. Pat is lead on that.
8.7. Website Assessment
8.7.1. Gagnon would like a group to work with the Town Clerk on website
content policy, a framework around site organization, content,
authorized content posters, and overall website management.
Proposed committee of 3, Janice + 2 town board members. Sarah is
interested and Katharine is interested.
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Town of Danby Board Meeting
Resolution 81 of 2022 To Create a Website Committee
Tuesday 7 March 2022 at 7:OOPM
Moved By: Gagnon Seconded Hunter
By:
Resolved that a website committee be created consisting of
1. Town Board Member Sarah Schnabel,
2. Town Board Member Katharine Hunter, and
3. Town Clerk Janice Adelman.
Be it further resolved that the mission of the committee is to review the website's
organization, content, content creators, and overall management.
Discussion: Recommendation to create a handbook for all practices and functions
regarding website to be shared with elected officials and town employees.
Vote:
Councilperson Aye Nay Abstain
Connors
X
Hunter
X
Schnabel
X
Woodworth
X
Gagnon
X
Resolution 81 approved
8.8. Revisit Level of Operation -- Masks?
8.8.1. Mask requirement will stay in place for the time being. Will revisit it
again next time.
8.9. Share Broadband Study Data With County
8.9.1. Nick Hemholdt requested we share the broadband study data with
the county; the Town Board agreed to do so.
9. Discussion of Next Meeting Agenda
9.1. Local Advisory Board Assessment Review
9.2. Procurement Policy
9.3. Food Pantry Public Hearing
9.4. DCC Contract
9.5. Youth Commission Appointments
lo. Meeting Adjourned at 21:22.
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Submitted by Janice R. Adelman
Town Clerk
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