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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."