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HomeMy WebLinkAbout09-09-2026- SPECIAL BZA Minutes Draft DRAFT MINUTES PRESENT: Lew Billington Ted Jones Betsy Lamb Earl Hicks (Chair) OTHER ATTENDEES: Town Planner:Greg Hutnik (Appeal Respondent) Recording Secretary:Cindy Katz Former Interim Planner:George Frantz (Appeal Respondent) In-Person Public:Susan Mandl, Linda Wyatt, Leslie Shakespeare, Leslie Connors (Town Board Member), Marnie KirchgessnerSteve Selin (South Hill Cidery owner), Aleshia Rauch, BradRauch, Jody Scriber (Planning Board Member), Daniel Tourance, Vickie Greenhouse, Peter Elliot, Ellen Whitney,Monika Roth, Kim Nitchman, Brody Smith (counsel to appellants), Russ Nitchman, Tim Drake, Nancy Medsker,Ellyn Selin, Guy Krough (counsel to respondents) On-line Public:Julie C, John Hoffman, Hunter Grigg (appellant), Nadia, Garry, Rita, Jennifer Gabriel, Don Walters, Brandon Fortenberry, Zisk, RJ Ceria, Tom Seaney, SP, Larkins (Town Board Member), MP, Toby Dean (BZA member, Recused from appeal), Leif’s phone, Theresa, Katharine Hunter, Joel Gagnon (Town Supervisor), Heather Coffey, TedCrane, Pamela Goddard, Jim Holahan 1. CALL TO ORDER The meeting was called to order at 6:01PM. 2. NEW BUSINESS Appeal 2026-01Address: 550 Sandbank Rd Parcel:1.-1-3.32 Appellants: Susan Perri, Hunter Grigg, Katharine Hunter, Julie Clougherty, Joel Lamson, and Chuck Everhart Zone District: Rural 1 Anticipated Action: Public hearing SEQR: Type 2 Appellant Request: Overturn the July 23, 2026, zoning determination letter regarding South Hill Cider's agricultural marketing operations Chair Hicks read into the record the media notification published in the Ithaca Journal. Attorney Brody Smith approached the board and addressed the appeal made by appellants, theWest King/Yaple Neighbor Coalition. He concluded by telling the BZA that if they agree that the activities of South Hill Cidery are not customary farming, they should agree with the appeal and overturn the determination. Chair Hicks invited the respondents to speak, specifically inviting George Frantz to review his expertise and background. Frantz reviewed his educational background and work experience, and then addressed the appeal. In his opinion, the activitiesof South Hill Cidery are subordinate to the overall farm operation, noting that these are open to the public and free. Chair Hicks invited South Hill Cidery to speak, noting that though they are not named, they have some “skin in the game.” Steve Selin, owner of South Hill Cidery, approached the board and addressed the appeal, providing historical context and noting various documents. Counsel Guy Krough added that any additional materials submitted for the record need to be made available to the appellantsas well and that they must be given time to respond. Ellyn Selin, owner of South Hill Cidery, approached the board and addressed the appeal. The BZA made inquiriesregarding submitted documents and requests for additional documents to be added to the record. Chair Hicks explained that the board has five members and one member, Toby Dean, recused himselfdueto proximity to the appellants and previous business and personal dealings with South Hill Cidery. A vote will need three out of the four voting members in order to pass. PUBLIC HEARING Chair Hicks opened the public hearing at 7:31PM. Name Location Against or In Support of Appeal? Susan Perri Danby resident/Appellant In support TimDrake Coddington Against Ted Crane Danby resident In support Marnie K Danby resident Against Debbie Mandle Stone Quarry Road Against Lief Previous Danby resident General comment Vicky Greenhouse 221 Sandbank Against Linda Wyatt 115 Drew Road, grew up in Danby Against Katharine Hunter 601 King Rd West/Appellant In support Brad Rauch 158 Peter Against Rick Vandal 221 Stone Quary Inquiry Nancy Medsger 67 Marsh Against Danny Tourance 221 Sandbank Against Nadia Grigg 552 W King In support Written comments to the board can be viewed here. MOTION: Close Public HearingMoved by Hicks, seconded by JonesThe motion passed.In favor: Jones, Lamb, HicksAgainst: Billington The public hearing was closed at 8:15 PM. Chair Hicks explained that the appellants and respondents will have a chance to respond. Respondents GeorgeFrantz and Planner Hutnik gave their rebuttals. Appellant Susan Perri gave her response and sought clarification for where to send additional documents. Counsel Brody Smith for the Neighbor Coalition gave his response. Steve Selin, owner of South Hill Cidery, gave his response. The BZA together with the counsel for both sides discussed next steps, noting that the BZA has 62 days to deliver an opinion. They decided that the BZA will hold a special meeting on September 28th at 6PM to review all materials and begin deliberations. Counsel Smith inquired about additional documents to be submitted for the record. They decided that all documents will be collected and made available by town staff on September 14th. The appellants and respondents can submit their responses to those materials by September 21st. Those documents will then be published by town staff for the BZA to review. 3. ADJOURNMENT MOTION: To Adjourn the BZA MeetingMoved by Hicks, seconded by BillingtonThe motion passed.In favor: Billington, Jones, Lamb, Hicks Meeting adjourned at 9:25 PM.