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HomeMy WebLinkAboutCB 2025-10-28 CB 2025-10-28 Final 1 CONSERVATION BOARD October 28, 2025 Hybrid Present: Gian Dodici (chair), *Steve Bissen, *Anne Clark, Jeanne Grace, *Kate McKee, *Andrew Miller, Nancy Munkenbeck (arrived late), Craig Schutt, *Tim Woods Absent: Naomi Cator-Szymanski (alternate) Liaisons: *Spring Buck (Town Board) Staff: Loren Sparling (Deputy Town Clerk) “*” denotes attendance via Zoom The meeting was called to order at 7:04 p.m. Review and Acceptance of Minutes RESOLUTION #10 (2025) – ACCEPTANCE OF MINUTES FROM SEPTEMBER 30, 2025 C Schutt offered the following resolution and asked for its adoption: RESOLVED, that the Conservation Board of the Town of Dryden hereby accepts the meeting minutes of September 30, 2025, as written. 2nd G Dodici Roll Call Vote G Dodici Yes S Bissen Yes A Clark Abstain J Grace Yes K McKee Yes A Miller Yes C Schutt Yes T Woods Yes New Business: Conservation Easements (Revisited) N Munkenbeck arrived at 7:07 p.m. Jodi Korich appeared before the Board as a representative of the residents of the Bluebird Golf Course subdivision and the conservation easement that surrounds Dryden Lake, who are concerned about extensive clearing activity that has occurred on one of the subdivision lots. J Korich explained that a contractor working for her new neighbors had cleared a substantial number of mature trees and understory along the entire width of the lot within the easement area, down towards the lake. The clearing was performed rapidly using heavy equipment, including a skid steer. She believed this area to be protected from development and that it would remain natural and was stunned to see the destruction. She argued the actions violate the spirit of the easement, which was intended to preserve the natural habitat around Dryden Lake, a designated Unique Natural Area. The landowners of the lot currently reside in Virginia and have not been on-site during construction. They were shocked upon learning the extent of the clearing on Sunday, stating their intent to be good stewards of the land. They had reportedly only asked the contractor to CB 2025-10-28 Final 2 clear some of the brush. The landowners contacted the contractor on Monday morning and instructed them not to cut anything else down. Board members speculated the clearing was done to create a view of the lake or to build a path. J Korich clarified that the clearing was not a path but extended from one end of the lot to the other. The clearing has resulted in significant and immediate environmental degradation. Numerous mature trees, including red maples estimated to be around 50 years old, were removed. This destroyed the nesting habitat for multiple pairs of Baltimore orioles observed over the summer. Valuable understory, including staghorn sumac, which serves as essential late winter forage for birds, was also removed. What some think of as mere scrub actually has a lot of value for wildlife. While some invasive honeysuckle was present, much of the cleared vegetation was native. The clearing of vegetation and use of heavy machinery has created bare ground on a slope leading directly to the lake. J Korich noted that this will lead to soil erosion and runoff into the lake because that ground is already crumbling. No erosion barriers or silt fences have been installed in the cleared area. A central issue is the interpretation of the eight-year-old conservation easement’s legal language, which appears contradictory. The easement explicitly prohibits disturbance of the earth, shoreline modification, and mowing of natural grasses and the like. It also forbids the installation of docks, decks, piers, or retaining walls. An email from Dave Sprout (Town code enforcement officer) indicated that the easement does not include tree cutting as a prohibitive activity. This has created a situation where mowing grass is a violation, but felling mature trees is not. G Dodici explained that there are lots of conservation easements that allow the selective removal of trees. Oftentimes, the easements are written such that the landowner would have to seek municipal approval to do the removal. Beyond the ambiguity of the tree-cutting clause, the contractor’s actions may constitute clear violations of other regulations. The easement prohibits disturbance of the earth. The use of a skid steer has torn up the land a lot, which the Board believes is a likely violation of this clause. The Town is also an MS4 community. The creation of a large area of bare ground without the implementation of erosion control measures (e.g., silt fences) is a potential violation of the Town’s stormwater laws. The Board’s discussion revealed that this single incident pointed to three larger, systemic challenges: Ambiguous Language – Board members understood the easement’s language to be confusing and potentially flawed. Legal documents are oftentimes very ambiguous and left open to interpretation, which is problematic. Lack of Enforcement – The Board expressed long-standing frustration that the Town often fails to enforce the laws and rules that are already on the books. The existence of a rule is meaningless if it is not actively monitored and enforced. Communication Gaps – The Board theorized that there was a breakdown in communication. The out-of-state landowners may not have fully understood the easement’s restrictions or failed to communicate them clearly to their contractor, who may have been unaware of the conservation easement’s existence. As a result, Board members outlined a multi-pronged approach to address both the immediate incident and the systemic issues it exposed: Site Assessment – Follow up with D Sprout to learn the outcome of his site inspection. CB 2025-10-28 Final 3 Review Current Easement Language – Obtain a copy of the current easement language from Ray Burger (Planning Department Director) to fully understand its provisions so as to improve future documents. Strengthen Future Easements – Proactively ask that the Board be included on future easements to help the Town formulate clearer, stronger, and more enforceable language so as to provide robust protection for natural habitats. Amend Existing Easements – Explore the possibility of asking all property owners in the Bluebird Golf Course subdivision to voluntarily agree to change the language of their current easements for better future protection, though this was acknowledged as a potentially impossible task. Improve Permit Process – Advocate for a mechanism whereby easement restrictions are clearly communicated to both the landowner and their contractor when a building permit is issued. Old Business: Memorial Garden for Bob Beck J Grace reported that the trees are scheduled for delivery on Monday, November 3, so the planting date of November 1 will not work. Board members rescheduled the date for the memorial tree planting to Saturday, November 8, starting at 9:00 a.m. Sunday, November 9 will serve as the rain date. The event will be promoted in the Town newsletter. Volunteers are being sought through the Rail Trail group and the project’s donor list. Participants are encouraged to bring their own shovels, wheelbarrows (with which to move mulch), and pocketknives (with which to cut the string holding the canopies up). The Nature Conservancy had granted permission to mow the field, which has now been completed. The Highway Department may be able to use an auger to dig initial holes at staked locations. Seven trees will be planted: red maple, sugar maple, serviceberry, white oak, as well as a linden donated by The Plantsmen Nursery. Fencing material can be purchased on account at the Dryden Agway. J Grace has also initiated the conversation about the plaque’s wording with Gwen Beck. The bench made of black locust has been ordered but will not be ready by the planting date. A formal dedication event is now planned for the spring. Old Business: Zoning Rewrite The Zoning Advisory Group’s (ZAG) work on a data center ordinance has been forwarded to the Planning Board. The proposal includes a 5,000 sq ft footprint limit and a 35 ft height limit. The ZAG’s next major focus will be on low income housing. Old Business: Outreach The Board reviewed a draft logo created by N Cator-Szymanski and discussed suggestions for revisions, including narrowing the tree trunk, reducing the number of branches, and adding a stream and/or an animal. One comment that was emailed suggested simplifying the image. S Buck suggested that the Town Clerk’s office be consulted regarding policies for using a logo on official social media accounts. A notice for the tree planting event will be submitted to the Town newsletter. The contact point for public inquiries will be the Town Clerk’s office, who will forward any inquiries to the Conservation Board through its email distribution list. CB 2025-10-28 Final 4 Report: Agriculture Advisory Committee C Schutt reported that the Ag Committee met for its regularly scheduled meeting in October and discussed a proposed farm animal control law, which originated from an interpersonal dispute between neighbors on Deerhaven Rd. The dispute involved a four-acre property with animals (including pigs) adjacent to highly manicured residential lawns. Local farmers have expressed significant concerns that the proposed law was poorly written, did not reflect the changes proposed by the Ag Committee at their September meeting, allows for animals to be seized directly from farm property, and could be used as a tool for harassment, imposing significant costs on animal owners for transport, housing, and food, even if no wrongdoing is ultimately found. Jason Leifer (Town Supervisor) noted that animal welfare is not under the Town’s purview. The proposed law is not expected to come before the full Town Board until at least January 2026. A suggestion was made that such disputes should first be sent to the Dispute Resolution Center. S Buck will keep Board members apprised of any furtherance of this issue at the Town Board level. Report: Environmental Management Council (EMC) S Bissen reported that the EMC met on Oct 9 and discussed the risks of spreading biosolids (treated sewage sludge) on agricultural land. Though biosolids can be used as soil amendments because of the nutrients they contain they may also be contaminated with heavy metals, micro and nano-plastic particles, and PFAS (perfluoro- and polyfluoro-alkyl compounds, otherwise known as "Forever chemicals") because of their difficulty in breaking down. N Munkenbeck related the example of an organic farm in Maine that required complete topsoil removal after biosolid application. Two bills have been introduced in the state legislature (NYS Senate Bill S5759C and NYS Assembly Bill A6192D) that would place a moratorium on the practice of spreading biosolids on farm fields. (As a point of comparison, all wastewater treatment plants in Tompkins County currently landfill their biosolids.) The EMC has created a resolution (not voted on yet) in strong support of the state moratorium. S Bissen will share a copy of this resolution with Board members for them to use as a basis for drafting and submitting their own. Report: Town Board S Buck reported that the Town Board has spent the last month and a half preparing the Town’s budget for 2026. A non-profit has purchased the former Methodist Church at the intersection of Main St and North St to establish a new community center, with a target opening of early January. Other N Munkenbeck relayed that the Freeville Farmer’s Market is seeking permission to hold winter sessions on Sundays inside the Freeville Methodist Church. CB 2025-10-28 Final 5 G Dodici added that the Ithaca Trails website (IthacaTrails.org) has been updated, if one is interested in finding a place to walk, ride, or e-bike in the area. There being no further business, on motion made by N Munkenbeck, seconded by G Dodici, the meeting was adjourned at 8.12 p.m. Respectfully submitted, Loren Sparling Deputy Town Clerk