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HomeMy WebLinkAboutCB 2023-09-26CB 2023-09-26 Approved Page 1 of 6 CONSERVATION BOARD September 26, 2023 Hybrid Approved October 24, 2023 Present: Gian Dodici (chair), Bob Beck, Steve Bissen, Anne Clark, Jeanne Grace, Kate McKee (alternate), Andrew Miller, Nancy Munkenbeck, Craig Schutt Absent: Tim Woods Liaisons: *Spring Buck (Town Board) Staff: Loren Sparling (Deputy Town Clerk) “*” denotes attendance via Zoom The meeting was called to order at 7.03 p.m. G Dodici thanked J Grace for chairing July’s meeting in his absence. Review and Approval of Minutes from July 25, 2023 G Dodici sought clarification with S Buck about the “DEC” collaboration at the “Monkey Run” bridge. After a brief dialogue, G Dodici stated that this be changed to a US Fish and Wildlife Service collaboration at the Pinckney Road bridge. On motion made by A Clark, seconded by A Miller, the minutes of July 25, 2023, were unanimously approved as written, with S Bissen and G Dodici abstaining due to their absence on that day. Announcements G Dodici has a report from Tompkins County Soil and Water that he intends to email to the Board, alongside a list of projects that they’ve worked on with the Town. New Business: 2023 NYSACC Conference Recap (S Bissen) Two awards were presented to individuals in the Town. Kate Lee and Mckenna Crocker, youth participants and voting members of Dryden’s Climate Smart Communities Task Force, were each the recipient of the Joy Squires Student Recognition Award. Bob Beck, Conservation Board member and chair of the Rail Trail Task Force, was recognized with the Margery Sachs Environmental Leadership Award. A third award, the Environmental Project Award, was jointly shared by both Dryden’s Climate Smart Communities Task Force and the Dryden High School Sustainability Club. B Beck had been unable to attend the awards ceremony that night; S Bissen accepted the award on his behalf. Just prior to tonight’s meeting, S Bissen presented B Beck with his award. B Beck appreciated the recognition but added that all of the projects that he has been involved with were successful on account of teamwork. It is very satisfying to work with dedicated team members willing to stick with sometimes-challenging projects and see them through to success. Those people deserve a major amount of credit as well. S Bissen qualified this by saying that these projects do indeed take a good team, but they also need a great leader. Congratulations were conveyed by the Board. The Board then recognized Mckenna Crocker and Kate Lee for their hard work with Dryden High School’s Sustainability Club, as well as the Club’s collaboration with the Town of Dryden. CB 2023-09-26 Approved Page 2 of 6 A Clark had attended various sessions on solar and alternative energy, then passed around a list of talks and their abstracts. They were very short talks that provided fun overviews. She learned about various groups and people who were active and actually out there getting things done. N Munkenbeck was intrigued by Anna Kelles’ talk on the spreading of biosolids on farmland. She advocated that the Town pass something that does not allow biosolids to be put on farmland in Dryden. The biosolids are basically concentrated metals and plastics from wastewater treatment. The state of Maine has apparently now outlawed this, in part because a number of farms are no longer able to produce food. The plant growth there contains too much toxin to actually be allowed into the food supply. S Buck stated that she has been involved in discussions with Cornell faculty around the challenges of how to handle food waste. There is debate over which option is best: composting, or utilizing biosolids to generate energy (as is employed at the Ithaca Area Wastewater Treatment Plant). She has heard solid feedback from faculty that both are valid options, and wondered if only certain types of biosolids were considered bad or if this pertained to all biosolids. N Munkenbeck responded that only certain types are bad, those from sewage sludge. Waste plants, such as Seneca Meadow, collect the leachate from the sludge, then sends it to various sewage treatment plants, which can’t take any PFAS (per- and polyfluoroalkyl substances) out. It gets concentrated; after dispersal on farmland, the PFAS go through the soil and plants take it up. The only way to clean up land like that is to plant plants, harvest them, burn them down, and then sequester the remains somewhere. S Buck has heard that the Ithaca Area Wastewater Treatment Plant (IAWWTF) has a very specific program around capturing food waste. It is not harmful material, but it does not replenish the soil like compost does. Cornell ceased using compostable plastic a number of years ago because people did not take the time to separate discarded food from compostable cutlery, but also because Tompkins County’s composting program could not handle it either. She wants to see if the IAWWTF ends up with PFAS-infused biosolids as well. S Bissen wondered if Tompkins County keeps biosolids derived from human waste separate from biosolids derived from compost and food waste. To get energy out of the biosolid, N Munkenbeck continued, it will in essence need to be fermented so that methane is produced. The methane that is captured will be burned, and the heat energy will be used to produce electric energy. She knows of a cow farm that uses the collected methane to run its dairy barn and uses any residual solids to make cow pots in which to start seedling plants. They know that they do not have extra sources of material (human waste, medical waste) going into their biosolids. G Dodici then distributed a link to the DEC’s webpage on Biosolids Management (dec.ny.gov/chemical/97463.html) but curtailed the discussion as this was not on the agenda for tonight’s meeting. If there was interest among members, this could certainly be added to a future agenda. Sensing the Board’s concern over PFAS, S Bissen stated that when Anna Kelles finally brings these bills to the floor of the NYS Assembly, the Board could support them. N Munkenbeck reiterated that Kelles was appalled that NYS put out legislation promoting the spreading of biosolids on farmland. A Clark resumed the NYSACC Conference recap by stating that there was much discussion about solar - how to integrate it, whether it was efficient in terms of land use, how much land it would really take. One can do a lot with solar without huge amounts of land CB 2023-09-26 Approved Page 3 of 6 being devoted to it. There were also the usual discussions about what one could do under solar panels, e.g., pollinator habitats, sheep, etc. Around here, solar has thus far been situated only on marginal land, in terms of agricultural production. Of the conference in general, S Bissen said that it was well-run and well-attended, and covered a wide array of topics. At this point, J Grace informed the Board that she had hybrid-bred chestnut trees (Chinese chestnut-American chestnut crosses) to distribute to members. Some of these will be resistant, some of them will not. G Dodici wondered where along the Rail Trail the Board had decided to plant them. B Beck stated that the von Engeln Preserve was still a possibility, though he was uncertain of how to tube the trees. N Munkenbeck advised that if they are planted on the Trail, they should be planted in clusters of three because they usually do not self-pollinate. Updates: Rail Trail Task Force (B Beck) B Beck showed the Board a proof of the new quarter-mile markers (made out of DIBOND aluminum composite) that will line the Rail Trail. He reported that this comes after the first batch of 130+ markers contained an error and had to be replaced. Last week, DPW installed posts every quarter-mile along the Trail; each post stood 3 ft in the ground and 3 ft above. B Beck plans to fasten the markers to these posts beginning tomorrow. He explained that the Rail Trail Task Force decided some time ago to have two zero mile markers. The far end of the Jim Schug Trail on E Lake Rd marks one zero point of the Trail; from here, markers will be placed for roughly seven miles through Dryden Village to Freeville. Game Farm Rd marks the other zero point of the Trail; markers will be placed for roughly a mile-and-a-half to the F. H. Fox Bridge. Eventually, signs will be on both sides of the Trail; signs on the right will increase every quarter-mile, whereas signs on the left will decrease every quarter-mile. A Miller observed that the Town did a good job of cleaning up the tornado damage on the Jim Schug Trail, from Purvis Rd to E Lake Rd. Updates: Agricultural Advisory Committee (C Schutt) C Schutt reported that last month and earlier this month, the Agricultural Advisory Committee reviewed the Ag Plan in order to correlate Ag and Markets definitions listed there with current Zoning Law definitions. They came up with definitions for what they felt should be changed in the Zoning Law. Updates: EMC (S Bissen) S Bissen reported that the EMC did not meet in August and the NYSACC Conference occurred in September. Updates: Town Board (S Buck) S Buck reported that the Town Board passed a resolution to reappropriate $10,000 in funds to hire an engineer to delineate the wetlands. There is concern that the DEC will take a long time to do it themselves. New Business: Planning Board Complaint against the Planning Department (C Schutt) CB 2023-09-26 Approved Page 4 of 6 C Schutt was contacted by a Planning Board member, who had expressed general Board frustration with the Planning Department. They have been asking for updates and actions, and have not been getting either. They are now at the point of potentially filing a written complaint against the Department. This member was curious to see if the Conservation Board was interested in joining in on one of the complaints, in which a cease-and-desist had been ordered for one location near the outlet of Dryden Lake (at the intersection of West Lake Rd and Chaffee Rd), and yet a whole bunch of fill was brought in this past summer by the State from its ditch cleaning efforts on Rte 38. The owner had to have given the State permission for the fill to be dumped on his property; the State would not have just gone in and started dumping. Then the owner pushes this fill more and more towards (and into) the creek. (A Miller stated that he had witnessed this firsthand while biking past the site this summer; he saw fill being dumped and pushed as described by C Schutt.) The property owner was told by the Town not to have any more fill deposited on his property. The property owner should not have asked the State DOT to put fill on his property. Yet once the fill was there, the property owner levelled it with a bulldozer and the only way for the fill to go was down the hill into the outlet flow. The embankment is now massive, at roughly 12-15 feet. The issue is really that the Planning Department is not enforcing the rules on the books. At the very least, there is a SWPPP (Stormwater Pollution Prevention Plan) violation, as the owner is putting all that fill in there without silt fences or bank stabilization. There is no floodplain associated with the stream anymore, as the owner filled it in. The owner continues to push fill towards the creek. G Dodici tied this in with past concerns about the Planning Department being understaffed and was optimistic that situations such as this would be rectified with the hiring of the new Planner. Sometimes it takes a new person some time to get up to speed. N Munkenbeck inquired what the penalties were for a SWPPP violation and how they would be applied. C Schutt answered that the Stormwater Law lists penalties and fines. To collect these fines, the Town would have to take the owner to court, or the fines would be simply added to the owner’s taxes. B Beck wondered if there had been any cases in recent years of the Town actually enforcing the existing rules, if any landowners had been taken to task, so that there was a clear understanding that this is not acceptable and everybody should take notice. C Schutt brought up the other fill site at issue with the Planning Board, near Elemental Pet Vets. Bellisario is storing things at that location that he is not supposed to store there. The Town made it very clear that he couldn’t store things there. But if there’s no enforcement, why would he stop doing it after receiving a cease-and-desist letter? It is the understanding of C Schutt that once the Planning Board files its complaint, the Town is required by State law to look into or do something about the violation. So the Planning Board is asking the Conservation Board if it would be interested in joining forces; or the Board can just wait and see what comes of the Planning Board complaint regarding the Bellisario property, which he thinks they will undertake first. There were mixed opinions among Planning Board members about how to proceed; some wanted to issue both complaints simultaneously. G Dodici offered that before he feels comfortable endorsing anything like this, he would like to know what exactly the violation is. They are not supposed to be filling in floodplains, but if the Town talked with DEC and they don’t have a problem with it, that if they are not violating CB 2023-09-26 Approved Page 5 of 6 any State law, he is unsure if it would be a violation of the Town’s Stormwater Law. Other members rebutted that it certainly was a violation of the Town’s Stormwater Law. G Dodici had hoped that someone from the Planning Department would come to a Board meeting to lay out what laws were being broken and what possible enforcement actions could result. C Schutt advised that if the Town is not going to enforce its own Stormwater Law, they should just get rid of it. What is the point of having it? B Beck reasoned that if Planning Department staff are hired by the Town Board, the Town Board needs to have firm rules about tough actions. They need to provide guidance in cases where enforcement hasn’t been done for a long time. But how do you change the culture? S Buck will be taking this back to the Town Board and ensure that they are aware of what is going on, so that they can talk to the Planning Department about how to handle it. N Munkenbeck has heard of instances where a Town Board has required that illegal fill be removed. Could our Town Board require the owner to remove the fill himself, or could the Town itself remove it and charge the owner the cost of removal? This is a possible action that could be taken that does not deal with fining. G Dodici summarized that the majority of people follow the intent of the law and do the right thing. The problem is the outliers, landowners who are willfully breaking Town law. Even when told to stop, they will continue anyway because there are no repercussions. How do we give the Planning Department some teeth to enforce the laws? Old Business: Discuss Fate of Wetlands on Town-Owned Property in the Village of Dryden S Buck related that the Town is reappropriating money for the wetland delineation. There is also interest in establishing a task force comprised of people from different Town committees so as to collaboratively determine how the space should be used, to approach usage from the point of view of what is right and best for the community. We should not be talking about land use in silos. She hopes that Conservation Board members will be a part of this group. B Beck was under the impression that the wetland delineation only includes Town land but knows that the wetland occupies Village land as well. To think about what is best for the whole space, we should know the extent of the entire wetland. S Buck will investigate the scope of the delineation. G Dodici proposed that another conversation that the Town Board should have is how the Town Board is going to deal with wetlands as a whole (not just at the site behind Town Hall). Most of us here would agree that development should not occur on wetlands. As a Town Board, you need to decide whether you should be building on unregulated or regulated wetlands. He recommended that the Town establish a policy of not developing anything on wetlands, to protect those wetlands and their functions in water quality, flood control, and wildlife habitat. Board members would be willing to work with the Town Board to develop such a policy that protects the wetlands in the Town from at least Town development. The Town could lead by example on this one. N Munkenbeck wondered if Cornelius’ property is transferred to another party in the future, does the Right-of-Way (originating at Neptune Dr) get transferred as well. S Buck will seek clarity on the subject and report back to the Board. Old Business: Discussion of Letter to Town Board Drafted by A Clark CB 2023-09-26 Approved Page 6 of 6 A Clark provided Board members with a draft of the letter she composed for the Town Board, and edits were provided. On motion made by G Dodici and seconded by N Munkenbeck, the edited letter was approved by a majority of Board members. C Schutt voted no, as he felt the letter was too easy on the Town Board; he is still concerned that the Right-of-Way was put in there. The letter was distributed via email to Town Board members by G Dodici the following morning, the text of which appears below: Subject: DEC Regulated Wetland DR-1 / UNA-81 The Dryden Conservation Board wishes to extend our support and our commendation to the Town Board of Dryden for taking the stance that the Wetland and Tompkins County Unique Natural Area (DR-1 & UNA-81) off Neptune Drive will be preserved and protected from damage. Prior to our 25 July 2023 meeting, the Conservation Board members had been most perturbed to learn that a Right of Way stood approved and might be built between the end of Neptune Drive to a property owned by Bernard Cornelius. During a lengthy discussion of this Wetland's value at the July meeting, member S. Buck assured other members that the Town Board was actually committed to the Wetland's preservation, that an alternative Right of Way that did not infringe on the Wetland had been identified and would be used if property development called for it. We were further encouraged that a wetland delineation is planned and we strongly urge that the entire contiguous wetland area will be included in that process, not just the Town holdings. The Conservation Board thus applaud the protection of the Wetland and the delineation project, and we stand ready to assist in any way we can. We would, of course, appreciate being kept apprised of the delineation results and any other actions affecting the Wetland, which, we agree, has important environmental and biological value for the Town and its residents. Gian Dodici Dryden Conservation Board, Chair There being no further business, on motion made by N Munkenbeck and seconded by B Beck, the meeting was adjourned at 8.47 p.m. Respectfully submitted, Loren Sparling Deputy Town Clerk