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HomeMy WebLinkAbout09-28-2026-BZA Minutes DRAFT Minutes [Draft] PRESENT: Lew Billington Ted Jones Betsy Lamb Earl Hicks (Chair) ABSENT/RECUSED: Toby Dean OTHER ATTENDEES: Town Planner & Respondent:Greg Hutnik Former Interim Planner & Respondent:George Frantz Recording Secretary:Cindy Katz In-Person:Leslie Connors; Steve Selin;Blake Savoy; LeslieShakespeare, Guy Krough (Counsel for Town) Zoom:Garry; Hunter Grigg (Appellant); Jonathan Zisk; Brody Smith (Counsel to Appellants); SP; T Janda; Katharine Hunter (Appellant); Joel Gagnon (Town Supervisor); Ted Crane; Citizen;Linda Wyatt; Mark Pruce (Town Board Member); Brad’s iphone; Laura Krauss; Rita; Rita; K Herman 1. CALL TO ORDER The meeting was called to order at 6:01 PM. 2. AGENDA REVIEW There were no additions or deletions to the agenda. Chair Hicks reviewed the recent appeal proceedings, and reviewed the ground rules for the meeting. 3. 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:Review Materials, DeliberationsSEQR: Type 2 Appellant Request: Overturn the July 23, 2026, zoning determination letter regarding South Hill Cider's agricultural marketing operations Lamb asked how anNYSDAM decision could impact a ruling made by the BZA. Jones explained NYSDAM may get involved if they think the town is too restrictive on the farm, but that is it. Billington explained the current state of his thoughts on the matter. Chair Hicks asked if anyone was aware of recent complaints? Selin said he had not heard any. Lamb asked what sort of constraints or conditions are they permitted to impose?Krogh clarified that NYSDAM does not make zoning determinations, and that the BZA task is to interpret the zoning law. Jones suggested they remain focused on the appeal at hand: Whether South Hill Cider’s proposed community concerts qualify as permitted agriculture usein the Town of Danby zoning and NYS Ag and Markets law. Other topics like parking, the easement etc is not relevant. They clarified what the original requests sent to Planner Hutnik and to Interim Planner Frantz said, what the town’s zoning law says and does not say, and how NYSDAM defines agriculture. Jones expressed agreement with Frantz’s decision that South Hill Cidery isan agricultural operation,as it grows apples and makes cider, and ittherefore falls within the town’s zoning definition of agriculture. He further pointed out that the town’s zoning law allows agricultural operations to have stands and sell their products. After that, he said, the town’s law defers to NYSAG definition which clearly, as Frantz pointedout, allows this type of activity (sale & promotion of cider, music events without admission). He believes that a reasonable person would consider this an agricultural operation. Lamb added that while the zoning law doesn’t explicitly allow that music events, we do use NYSAG guidance to determine what agriculture is, NYSAG does consider these activities part of agriculture. They further discussed that the BZA does not have access to South Hill Cider’s sales and other data, but that those numbers used by NYSAG are intended as guidance and not criteria to determine agricultural status. Chair Hicks added that he understood that they are not in a policing or enforcement role, and therefore need notdetermine if the cidery hits the data guidance supplied by NYSAG.Lambexplained her thinking that while Danby’s law does not touch much on agri-tourism, the common understanding of agriculture these days does, and therefore it makes sense to look to NYSAG’s more updated definition. She noted that the town might need to update its law. Billingtonexpressed a desire for more hard and fast rules, and wondered if a ruling by the BZA could set a precedent or impact town officials considering amending the zoning law. They discussed the nuance of the situation and impact on the town. Billington asked what is the recourse for either party after this decision, and Chair Hicks wondered if that ought to impact their decision. Billington expressed his desire for the cidery to remain successful, for the neighbors to not feel abused, and the law to be interpreted correctly. Jones stated his sympathy for the neighbor’s plight while noting that they live in an agricultural zone , and that according to the law, people living in those areas have to accept noise, dust and other agriculture related activities. Krogh replied with the various recourses possible for the aggrieved party, both via courts or otherwise. He reviewed the task given to the BZAand their options. They discussed the question of parking and the conservation easements, with Frantz stating he believes that the decision is for the holder of the easement (the town). Krogh added that easements are private agreements and generally not connected with zoning. Chair Hicks read aloud the first two requests of the appeal, pointing out that in additional materials submitted the appellants have seemed to agree that music could be allowed. Chair Hicks asked Appellant Perri about a recent conversation between a musician seeking to play at the cidery and her family. Perri explained her husband said that they aren’t stopping anyone from playing and if he can’t hear it he has no issues with it. She noted many feel this way and wondered if the BZA could modify the decision to allow for music once a week ending at 8pm. They discussed that they aren’t modifying conditions. They worked together to craft the language of the motion. They discussed enforcement. MOTION to Approve Resolution 04 of 2026: The Town of Danby Board of Zoning Appeals Determines the July 23rd George Frantz Letter Properly Interprets the Town of Danby Zoning Law and New York State’s Agriculture and Markets Guidance and Therefore the Appeal be Denied. Moved by Jones, Seconded by LambThe motion passed.In favor: Billington, Jones, Lamb, Hicks Chair Hicks and Lambexpressed a desire that the parties get to a place where they are can agree and feel heard. 4. ADJOURNMENT The meeting was adjourned at 7:36 PM. ---Cindy Katz, Recording Secretary