HomeMy WebLinkAboutCAC Minutes - 09_24_18Town of Danby Conservation Advisory Council Minutes Page 1 of 7
Town of Danby Conservation Advisory Council
Minutes of monthly meeting on Monday, September 24, 2018
Danby Town Hall, 1830 Danby Road, Danby, New York.
Council Members present: Matt Ulinski (chair), Joel Gagnon, Don
Schaufler , Clare Fewtrell, Ruth Sherman, Mary Woodsen, Biil Evans
Council Members absent: none
Others present: Elizabeth Keokosky (secretary), C.J. Randall (Danby
Town Planner), Ronda Roaring (Danby resident), Bill Keokosky (Danby
Resident), Bruce Richards (Danby resident
Meeting opened at 7:10 pm
Agenda Review (Additions or Deletions) - none
Public Comments/Privilege of the Floor (later referred to as PoF)
No comments at this time
Reading and Discussion of previous Minutes : Decided to put off
Approval till next meeting
Approve Minutes deferral MOTION
• Moved that CAC defers approval the minutes of August 27, 2018.
• Moved by Gagnon, Seconded by Fewtrell. The motion passed.
• In Favor: Matt Ulinski (chair), Joel Gagnon, Don Schaufler , Clare
Fewtrell, Ruth Sherman, Mary Woodsen, Bill Evans
Reports and Updates
• Town Management Plans: Randall offered help with these which
was gratefully accepted.
• Series of presentations on “Alternative Income from Land”
arranged by Schaufler: First presentation on Sept 13 was
Town of Danby Conservation Advisory Council Minutes Page 2 of 7
excellent but not well enough attended; needs better publicity.
Brett Chedzoy, CCE Educator, stepped in for Monica Roth, but she
was there and available for questions. Chedzoy talked mainly of
options for managing woodlands.
Date has now been set for second presentation on Monday
October 22 for a talk by Steve Gabriel (website
https://fingerlakespermaculture.org/tag/steve-gabriel/ ) on
forest farming. Committee OKed his request to promote and sell
his book. Methods of publicizing, poster, radio, etc. discussed.
• Status of non-chemical alternatives to spraying – Matt has not
heard from Town Board and will draft letter.
• Reminder: New CAC meeting time will be second Tuesday of the
month starting in October. Will start on Oct 9 . Randall said
there were no new applications. Will give CAC members
materials at that meeting. Also at next meeting – Draft of timber
harvesting plan
Action Items
1. Discussion of the procedures for approving an easement –
schedule for finalizing 2275 Danby Road easement
last steps in closing discussed previous meeting
• Both parties agree
• Town Lawyer reviews it
• Town board votes to accept it – public hearing?
• Town Supervisor signs on behalf of the town.
Current schedule for 2275 Danby as Ulinski proposed in email
• Sept 17 - a discussion at the Town Board (TB) meeting to
determine if a public hearing is wanted/warranted. (TB wants
CAC to decide this)
• Sept 24 - A motion from the CAC to the TB to approve the
easement
• Oct 8 - Presentation to the TB and a motion to accept the
easement and set a public hearing - or if no public hearing, just to
accept the easement.
Town of Danby Conservation Advisory Council Minutes Page 3 of 7
• Nov 12 - A public hearing and vote by the TB - if needed
• Some time after Oct 8 or Nov 12 - Signing by Town Supervisor on
behalf of the TB
2. Discussion of whether a public hearing needed for every
easement;
• Decided main reasons for having a public hearing is for public
transparency and publicity (so Danby Conservation Easements
get some word-of-mouth discussion).
• Cons were invasion of privacy of landowner and extra time
added to the process (though Randall said that the extra month
for announcement was not necessary – only 5 days - and public
hearing could be at Town Board meeting that announced the
easement). And privacy of the landowner is lost at Town
Board announcement anyway.
• Some easements can be controversial as were the second two
(Palmer and Melchin easements) which extended the town’s
responsibility for a town road to Deputron Hollow
• Question was asked how Finger Lakes Land Trust handles it?
Do they keep it quiet? Response was “if they want to.”
MOTION concerning Public Hearing
• Moved that CAC consistently have a Public Hearing for
Easements every time, until decided otherwise.
• Moved by Gagnon, Seconded by Fewtrell. The motion passed.
• In Favor: Matt Ulinski (chair), Joel Gagnon, Don Schaufler , Clare
Fewtrell, Ruth Sherman, Mary Woodsen, Bill Evans
3. Review of Ulinski’s draft “Deed of Conservation Easement” with
Katherine O’Neal at 2275 Danby Road, Willseyville, New York
for Town Board – a 23-page document.
• Historical complications in this easement caused chiefly by
consolidation of three different parcels. Originally two parcels
consolidated, one with a preexisting USDA easement. Then a third
adjacent parcel eventually bought and included with the final result
being a consolidation of three tax parcels. Some discussion centered
on how and if to maintain history of tax parcel numbers; new tax
parcel number is 14.-1-27.222 as shown in Schedule A:
Town of Danby Conservation Advisory Council Minutes Page 4 of 7
“Conservation Easement Land Description” of this draft. Schedule C:
“Conservation Easement Use Zones” GPS map shows parent parcels
but in doing so makes map visually complicated.
• PoF:Roaring asked if Robert Wesley had inventoried parcel (for
natural resources) and Randall responded, “Yes, I will send it to you.”
• 1.03 of draft lists Conservation values and Gagnon made the point
that the main driver for this easement is that it contains some of the
best agricultural land in Danby and that attribute should be listed
first, not last. Another important point is the large amount of road
frontage which allows a person entering Danby from the south on
96B is presented with the rural aspect the town wants to emphasize.
Wetlands also main importance.
• PoF:Roaring suggested that town puts up as sign to naming and
indicating easement.
• Gagnon said that the importance of the pictures (Schedule B:
Baseline documentation) that are part of the draft is to document the
way the parcel looks now so any changes can be noted later. Matt
decided to redo aerial photographs since they didn’t capture all of
property.
• Continued controversy over the difficulty of reading the GPS map in
Schedule C: “Conservation Easement Use Zones.” CAC members
thought that it had perhaps too much information to successfully
convey the simple message of identifying size and placement of the
easement use zones which were:
o Agriculture and Forest Management zone
o Residential and Active use zone (RA)
o Environmental Protection zone
• Ulinski took GPS measurements of RA but not other zones. Gagnon
suggested those coordinates be written on picture.
• Final solution for Schedule C map was for Randall to create a new,
second black and white map with just the Use Zones for county
clerk’s office accompanied by a legend that distinguished them with
different kinds of cross hatching, but also keeping the original color
map in easement records.
• Article II of draft, “Allowed and Prohibited Uses and Rules for Use
Zones.” Review of questions raised by O’Neal (Katherine O’Neal –
property owner) about how the easement language would work
specifically for her property (Gagnon noted that this section should
apply to all use zones but doesn’t):
Town of Danby Conservation Advisory Council Minutes Page 5 of 7
•
1) Section E: p. 3 of 13 –
E. Motor Vehicles – Motor vehicles may only be used upon the Property for
access, emergencies, repairs and improvements, and in support of allowed
activities; except that the use of motor vehicles is prohibited in any
Environmental Protection Zone unless upon the written consent of the Town or
for an emergency. The Town may permit, in its sole discretion without recourse,
the Landowner to build motor vehicle ways or trails upon the Property (including
within an Environmental Protection Zone) with natural permeable surfaces to
augment the ability to view, monitor, study, and use the Property principally for
the purposes of providing access to remote areas or places imbued with
significant value to the public.
O’Neal doesn’t want any motor vehicles – (here was a question
about whether Danby Easement is subordinate to USDA easement
– waiting on town lawyer to answer some of these potential
conflicts. PoF: Roaring asked if USDA allowed hiking?
2) Section F.2 p. 3 of 13 –
F.2. For agricultural and forest-related structures and improvements and so long
as no animal housing or sheltering facilities or manure storage or containment
systems are located within any Environmental Protection Zone or installed or
located in any area or in such a manner as could foreseeably or adversely affect
any identified Exceptional Value:
a. § existing agricultural structures may be maintained, remodeled,
replaced, enlarged, moved, or removed;
b. § and all traditionally recognized sound agricultural uses and practices
are permitted. Examples of agricultural structures include:
animal housing, barns and equipment sheds, crop processing
buildings, driveways and farm access lanes, garages, fences, garbage
bins gates , grain bins greenhouses, irrigation distribution systems,
manure containment structures, milk houses , product marketing or
sales buildings, roadside farm stands , sap houses , silo, s storage
tanks , troughs. feeding and watering accessories and delivery
systems, water wells
O’Neal wants to know if this prevent new construction? Answer:
Town of Danby Conservation Advisory Council Minutes Page 6 of 7
it does not.
3) Section G1 Page 4 of 13
G. Storage and Disposal - The storage and disposal of objects and substances
produced on the Property shall occur only within the Residential and Active Use
Zone, which storage and disposal includes the:
. 1.routine and temporary storage of containerized trash or wastes
generated by the customary use of the residence(s) upon the Property
until the same can be removed from the Property for proper disposal
O’Neal wants garbage picked up regularly. Answer: On site
disposal of garbage is prohibited. Town Law confirms it must be
picked up regularly
4) Section I page 5 of 13
I. Notwithstanding the foregoing:
. § if the Town reasonably requires an Agriculture, Forest, or
Woodland Management Plan due to the documentable violations of the
above guidelines or the degradation of Conservation Values, then the
Landowner shall produce such a plan within 6 months of request and
such plan shall be subject to the reasonable approval of the Town.
Landowners should consult with professional farm, woodland, and forest
practitioners for the development of such plans; and
. § nothing hereinabove shall restrict the use of agricultural and
woodland products for purely personal use, as long as harvest levels do
not impair any Conservation Values.
O’Neal thinks 6 months is too long. Answer: Depends on what
town lawyer says; town will be protecting easement
5) Section B page 7 of 13
B. Extension of Corrective Timeframe – Upon request the Town may extend the
corrective period whenever reasonable and necessary, but only so long as:
. Landowner ceases the activity constituting the violation promptly upon
receipt of the Town’s notice;
. Landowner and Town agree, within the 30-day period, upon the
Town of Danby Conservation Advisory Council Minutes Page 7 of 7
measures Landowner will take to correct the violation; and
. Landowner commences corrective measures within the 30-day period
and thereafter continues to use best efforts and reasonable diligence to
complete the process. Note: was “to complete the cure”
O’Neal concerned about what “to complete” means
6) O’Neal wants a separate delineation of wetlands
MOTION concerning Presentation of draft Easement to Town Board
• Moved that CAC recommend presentation of draft easement, with
minor changes that have been discussed, to Town Board
• Moved by Gagnon, Seconded by Fewtrell. The motion passed.
• In Favor: Matt Ulinski (chair), Joel Gagnon, Don Schaufler , Clare
Fewtrell, Ruth Sherman, Mary Woodsen, Bill Evans
Continued Action items:
Evans questioned relationship of NYS’s 440A Forest tax Law
program to Danby Conservation Easement tax reduction:
Schaufler commented we can’t say exactly what it is because benefits
from 480A Forest Tax Law are variable depending on acreage,
management plan, etc. 480A also follows a 10-year trajectory. There
is potential for double dipping if easement didn’t allow forestry.
Evans said that specifically he was speaking about 80 acres, 60 of
which were in the easement. But conclusion was that this was a
difficult question to answer in a general way.
Rest of Agenda was tabled till next meeting.
Next Meeting is on October 9, 2018 at 7p.m.
Adjournment
The meeting was adjourned at 9:06 pm
_____________________________________________
Submitted by Elizabeth Keokosky (Secretary)