HomeMy WebLinkAbout2012-03-27SDRAk717 Minutes
Town of Dryden Conservation Board
Tuesday, 27 March 2012
Dryden Town Hall
93 East Main Street, Dryden, NY 13053
1 1. Call to order by Chair, C. Smith, at 7:33prn
2 2. Completion of Record of Attendance by Members
3 Members Present: Beck, Bissen, lVMunkenbeck (late arrival), Prentiss, Richmond,
4 Ryan, Schutt, Smith (Chair); ex officio: Anderson (Planning Board liaison),
5 Nicholson (Planning Department liaison)
6 Members Absent: Lavine (Town Board liaison)
7 3. Additions to agenda? None noted
8 4. Review and approval of minutes from 28 February 2012 Meeting — B. Beck noted a
9 correction to the minutes. C. Schutt motioned to accept the minutes as corrected. B.
10 Beck seconded the motion. All members present voted aye. Motion passed.
11 5. Report from Town .Planning Board = C. Anderson noted that the March Planning
12 Board meeting was cancelled, so there were no updates to report.
13 6. Report from Ad Hoc Agriculture Committee - N. Munkenbeck, R. Ryan, C. Schutt
14 a. Report on meeting with Dryden farmers on 29 February 2012: There were
15 approximately 20 people present at the meeting, and there was significant interest
16 in moving forward with the committee. A chair was not appointed.
17 b. Dryden Farmers Committee Petition to Town Board, 15 March 2012: A petition
18 was presented expressing support for the creation of an Agriculture Advisory
19 Committee, to be presented to the Town Board in April. Tile Town Board is aware
20 of the potential formation of the committee, and council members Stelick and
21 Leifer have expressed interest in working with the group.
22 c. Dryden Farmers Committee request relating to CEAs: The majority of the
23 group present identified review of the CEAs as a priority for the committee. Other
24 areas needing to be addressed include: creation of an Ag Plan, review of zoning
25 laws, and aquifer protection. Applications for membership on the Ag Committee
26 were collected, and 7 names were selected for referral to the Town Board. The
27 next meeting of the Dryden Farmers Committee will be held 15 April 2012.
Town of Dryden Conservation Board Minutes, 27 March 2012 Page 2 of 3
28 7. Old business
29 Peruville Road Gravel Mining and von Fngeln Preserve Letters — A letter was sent
30 from the Conservation Board to NYSDEC, requesting a more substantial review of
31 the project:. Tompkins County Planning Department sent a similar request.
32 8. New Business
33 a. Review ofeandidates to till unexpired Marcus term (about 18 months
34 remaining) — C. Smith asked members of the public to step outside the room so
35 that the Board could discuss the potential candidates confidentially. There were 7
36
applicants
for the available seat and the
Board discussed the
merits of each
37
candidate.
One candidate was selected
for recommendation
to the Town Board.
38 C. Smith will announce the recommendation after he confirms the candidate's
39
interest
in serving o n the Board. An
alternate candidate was identified in the
event
40
that the
first choice withdraws from
consideration. It was agreed that letters
will
41
be sent to all applicants informing
them of the decision and thanking
them
for their
® 42
interest. It was further agreed that
applications of suitable candidates
will
be
43 retained for one year in the event of an unexpected vacancy.
44 b. Discussion and disposition of B. Schickel letter from 27 February 2012,
45 regarding CEAs (appended to these minutes) — C. Smith distributed draft
46 responses to B. Schickel's questions regarding the CEAs. The Board reviewed
47 each question and draft answer, adding the following comments:
48 • It was uncertain as to whether all of Cornell and NYS lands were included. C.
49 Smith recommended contacting Tom LiVigne, Director of Cornell Real Estate,
50 to get a full listing of all properties the University owns in Dryden. There will
51 be further research to make sure all Cornell and NYS lands have been identified.
52 • Designation as agricultural land does not automatically mean inclusion in a
53 CEA. Because agricultural land is exempt from the SEQRA process, it is
54 exempt from the CFA designation until such time as the land -use designation
55 changes to something other than agricultural. Many agricultural lands have
56 features that normally would result in inclusion in a CEA.
Town of Dryden Conservation Board Minutes, 27 March 2012
Page 3 of 3
57 • It was agreed that the phrase "lirniting development" may be unclear, requiring
58 review and further discussion by the CB at some future meeting.
59 9. Report on activities of other Town Boards and Commissions — No report
60 10. Discussion and review of proposal for revising and reviewing CFAs — J. Nicholson
61 reviewed D. Kwasnowsk.i's proposed process for reviewing the CFAs. He
62 proposes to review them in groups of 3-4 before presenting to the CB for review.
63 N. Munkenbeck expressed concern that this process will add too much time to
64 what has already been a lengthy process. A suggestion was made to group like
65
areas for review. There
was discussion about maps and boundaries and the
66
challenges
they present.
It was questioned who designated the boundaries — With
67
input from
the C13, they
were established by the Planning Department, using a
68
geographic
information
system (GIS), then reviewed by the CB. Maps can get
69
overloaded
with data and
difficult to read /interpret if the resolution is too high. It
70 was recommended that there be more specificity about what the threats and
71 mitigating factors are in each CEA.
72 11.
N. Munkenbeck requested
an agenda
addition related to the
FMC: She
has
73
received summary reports
which she
will e -mail to the C3
for review.
It was also
74 noted that the Town still has a vacant seat on the FMC.
75 12. Adjourn — N. Munkenbeck motioned to adjourn. B. Prentiss seconded the motion.
76 All members present voted aye. Motion passed. Meeting adjourned at 9:45pm.
77
78 Minutes recorded by Stephanie Mulinos
® Responses from the Conservation Board to 15 Questions
Posed by Bruno Schickel in Letter to Conservation Board, Dated 28 February 2012
'What are the criteria for land to be incorporated into a CEAT'
Response: Multiple criteria were used, including, but not limited to, presence of Tompkins County
designated Unique Natural Areas (UNAs), presence of slopes of 15% or greater, public lands that have
written management plans or are overseen by a group of professionals, and spate - designated wetlands.
Some features identified in the "Open Space Inventory of the Town of Dryden" (15 May 2003) were
incorporated into designation of Critical Environmental .Areas (CFAs).
"Who created the criteria?"
Response: The general
Environmental Quality
ofNYS Environmental
or any of its boards or c
identification ofCEAs,
`Is [sic] the criteria in writing?"
criteria for identifying "critical environmental areas" arc included in the State
Review Act (SEQRA). The phrase "critical environmental areas" originated as part
Conservation Law related to SEQRA, and was not created by the Town of Dryden
ommissions. Note: Designation of CFAs was fiat proposed, along with criteria for
in the 'Town of Dryden Comprehensive Plan, p. 66 (R December 2005).
Response: Yes, the general criteria are in writing. See above,
"Did any Board approved (sic.1 the criteria and when?"
Response: Because the criteria already were part of an existing body of law (see above), no approval was
required by any board or commission of the Town of Dryden.
"How is ownership of land a criteria [sic] for incorporation into a CEA? As in Cornell and New York State lands?"
Response: Ownership of land, by itself, is not necessarily a criterion for inclusion in or exclusion from to
CEA. State hands and Cornell lands often have publicly reviewed, written management plans (e.g.
NYSDEC Twin Sheds Management Plan, including both Hammond Hill and Yellow Barn State Forests), or
committees of professional ecologists, conservationists, or land managers (e.g. Cornell Plantations Natural
Areas Committee), who oversee management activities. That typically is not true of private lands (linger
Lakes Land 'Trust properties are an exception). With a formal, written management plan, there is clear
documentation and accountahiiily for how lands are managed, which is not true of private lands.
"ls all Cornell land included ?"
Response: Cornell Natural Areas and agricultural lands were included, but some Cornell lands may have
been overlooked. Any Cornell lands not included at this time (March 20 12) should be reviewed by the
Conservation Hoard for possible incorporation into a CEA.
"Is all New York State land included ?"
Response: State Forest Lands and the Dryden Lake Wildlife Management Area were included, but some
state lands ntav have been overlooked. Any state lands not included at this time (March 2012) should be
reviewed by the Conservation Board for possible incorporation into a CEA.
"Why is any Agriculture Land in the CEA ?"
Response: Depending upon the type of agriculture and how it is managed, both quality and quantity of
surface and underground waters can benefit agriculture or be affected by agriculture. No water, no farms,
no food. Lands designated by the 'Town as "agricultural" are exempt front the SEQRA process, unless
conversion of agricultural land to other land uses leads to a review under SEQRA.
"Why is limiting Development needed in every CEA ?"
Response: Development, through creation of impervious surfaces (e.g. roofs, sidewalks, driveways) and
other activities, can lead to degradation of both surface and underground water resources. It is reported
that, "The average homeowner uses up to 10 times more chemical herbicides per acre than the average
farmer." and that, "A typical city block can generate five times more runoff than a wooded area the same
• size." Runoff containing herbicides can degrade water quality. The acceleration of runoff by impervious
Responses to Schickel Letter from C.R. Smith
Page 2 of 3
surfaces precludes its slow percolation into underground reservoirs (aquifers), which occurs under forested
and agricultural landscapes. An important result of CEA designation is to protect both quality and quantity
of surface and underground water resources in the 'Town of Dryden, as well as to assure water quality in Fall
Creek and Six Mile Creek, both of which are used for drinking water sources by Cornell and the City of
Ithaca. It is important to note that the Village of Dryden obtains all of its public water supply, using a
system of wells, from underground sources with their origins outside the Village in the surrounding Town of
Dryden .
"If closeness to the UNA is a criteria [sic] for incorporating lands into a CEA. What is the distartcc7
Response: Closeness to a UNA is not the sole criterion for incorporating lands into a CEA. Sec above.
"If water runoff is an issue for the UNA's, why include land sloping way from a UNA in a CEA ?"
Response: Protection of UNAs is not the sole criterion for designating a CEA. Assuring both the quality
and quantity of surface and underground water resources throughout the Town of Dryden is an important
motivation for designation of CFAs.
"We have a lot of' regulations for storm water management and wetlands already. Are they not adequate to take care
of the issues surrounding water ?"
Response: No. Existing regulations are applied on a site -by -site hasis, without explicitly considering the
larger, longer -term, landscape -scale patterns and changes that can result from human activities. If the long-
term need for water of sufficient quantity and quality to sustain residential, commercial, and agricultural
activities is not addressed, the Town of Dryden will be out of business, quite literally. Assuring that water
of sufficient quality and quantity is available to meet the long -term needs for the citizens of the Town of
Dryden has to go beyond siormwater management and protection of wetlands, which only partially address
conservation of underground water resources.
"What is it about steep slopes that require (sic] them to be included into a CEA ?"
Response; Sec "Open Spacc Inventory of the Town of Dryden" (15 May 2003, p. 12) for it detailed
discussion of "steep slopes." Slopes of 15%, or greater, are considered subject to erosion and generally not
suited for agriculture. When steep slopes occur on clay -rich materials snore than a few feet thick, there is an
additional problem of landslides and slumps, which could he hazardous to people rind buildings. Erosion
can [cad to siltation and reduction of water quality for streams and other flowing or still waters. Increased
run -off rates and volumes frorn steep slopes that are built upon or farmed prevent the slow percolation of
water through the soil to recharge underground aquifers.
"Why was a careful process similar to what was used with the creation of the UNA's not done for the creation of the
C E A's ?"
Response: The process used for designating CEAs applied just as much "care" as did the designation of
1JNAs, while incorporating UNAs into the planning process and applying a greater range ofadditional
scientific, cartographic information (see above) to map CFAs, using the Town of Dryden Geographic
Information System (61S). The best professional judgment and the best scientific information and
procedures currently available, frorn a variety of sources, were used to identify and map CFAs. The final
CEA proposal will include details about die sources of information used to map CEAs, as was done for the
"Open Space Inventory of the Town of Dryden" (15 May 2003).
Did this Board formally approve the proposed CEA Map and related materials?
Response: The Conservation Hoard reviewed the drat) CFA proposal and maps, as prepared by the Town
Planning Department. After its review, the Conservation Board referred the draft CEA proposal to the
Town Board for its consideration and further action, which has included Public Hearings on 21 December
201 1 and 18 January 2012. The Conservation Board is an advisory body to the Town Board, which has the
final responsibility for review and approval. The Conservation Board M inutcs, for its meeting of 25
January 201 I, report the following: "RESOIXTION;'The board unanimously passed a resolution that the
CEA report he sent to the 'Town Board for their review and designation, and empower the Chnir [Nancy
0 Responses to Schickel Letter from C.R. Smith Page 3 of 3
M unkenbeck) to
be the
board's representative
for any additional edits or changes to the dcsignations
proposed
by the
Town
Board."