HomeMy WebLinkAboutCAC Minutes - 09_10_19Town of Danby Conservation Advisory Council Minutes Page 1 of 8
Town of Danby Conservation Advisory Council
Minutes of monthly meeting on Tuesday, September 10, 2019
Danby Town Hall, 1830 Danby Road, Danby, New York
Council Members present: Matt Ulinski (chair), Joel Gagnon, Ruth
Sherman, George Adams
Council Members absent: Bill Evans, Clare Fewtrell, Don Schaufler
Others present: Gretchen Salm (speaker), Russ Nitchmann (Danby
resident), Rhonda Roaring (Danby resident), Bill Keokosky( Danby
resident)
Meeting opened at 7:05 pm
Agenda Review (Additions or Deletions)
Ulinkski added update of conservation easement on Durfee Hill Rd.,
and Adams’ update on transmission lines and herbicides
Privilege of Floor
Roaring questioned why, if size of Durfee Hill Rd easement is so
small, hadn’t CAC pursued another person she had mentioned. She
was told to have that person re-submit request. She asked what is
special about this (Durfee Hill Rd.) conservation easement? Ulinski:
it is in Buttermilk Creek watershed. Roaring: Have we done
anything with contractor who owns Southern Tier Hardwoods and
land on Deputron Hollow Rd. She cited his willingness to sell, which
Ulinski questioned. He said that Danby not in a position to buy
property. Roaring: “You have to make things happen”. She
suggested getting money from grants, or other means.
Ulinski skipped approval of minutes. (Secretary absent)
Guest Speaker
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Presentation and Discussion with Gretchen Salm, Land Conservation
Support Specialist, Finger Lakes Land Trust (FLLT)
Salm said that FLLT looks at conserving land from a landscape
context (Road frontage, view sheds, water). When FLLT first got
started it tried to determine what sections of state really needed
protection.
Referring to an extended arc of more than 50,000 acres of conserved
pieces of land wrapping around Ithaca and Cayuga Lake, which FLLT
has termed the Emerald Necklace, she said that FLLT took
advantage of what was already preserved, like Danby State Forest,
Buttermilk State Park, and Shindagin Hollow, and then began filling in
the missing puzzle pieces.
FLLT does 3 kinds of projects
• Conservation easements
• Buying land to sell to NY State for their projects (like Finger
Lakes Trail) – since they can act more quickly than the State.
• Acquiring property to preserve, especially things adjacent to
property already protected (Lick Brook, Linsay-Parsons)
Four chief areas of focus. Canandaigua, Skaneateles, Chemung
River, Emerald Necklace.
They have money to work with since they are a non-profit and get
grants or property donations from owners to be used to sell and buy
other land.
She distributed a handout of project selection criteria. Funding is
huge. Cost is big thing. Got $2.5 million from state for water quality
project
Tax benefits to contributors of easements have changed. They are
now more problematic. Originally 25% off for state taxes (can only
claim percentage of property value that easement subtracted) and
deduction from federal income tax for15 years (charitable deduction).
Now, can still claim a state refundable income tax credit on school
district, county, and town property taxes paid during the year on
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easement-protected property. The maximum credit available is
$5,000/year. (landowners whose tax credit exceeds the amount owed
in state income taxes, do receive payment for the difference. See
https://www.dec.ny.gov/lands/26428.html )
Federal tax deduction can no longer be claimed (used to be 50% of a
farmer or ranchers income for up to15 years). Ulinski says he now
warns people don’t put land in conservation for the money.
Sherman brought up that Danby conservation properties are less
planned and more ad hoc as things become available.
FLLT looks for property under threat? For instance, woods with no
road frontage are not under threat. Lansing sold off a lot of land to
development. Gagnon said that Danby is under pressure of
development, especially in sections in north, closer to Ithaca.
Salm brought up monitoring of properties. PoF:Roaring suggested
Danby monitors be trained since so far monitoring has been
haphazard. This is a recognized problem and being changed since
Danby has converted Dryden monitoring sheet for use here. Should
it be one person or shared duties? Salm said one set of eyes makes
a difference. FLLT has put a dedicated steward on staff so the
monitoring has been consistent for last 2 years.
She says FLLT baseline reports on properties are impressive
documents. Additional monitoring report filled out every year. Legal
standing. Using volunteers for monitoring gets a little dicey.
Monitoring is very important. It’s an annual job. In FLLT everything
gets monitored in same season as baseline – which is done a month
to 6 weeks after project closed.
She asked where we got our easement template. Answer was a
lawyer. PoF:Roaring brought up necessity to monitor easement on
Sandbank Rd., an orchard where building is being done.
Gagnon said Danby has 3 possible zones in its easements:
Residential and active use zone, forest and field zone, Environmental
protection zone – most restrictive – hands off – steep slopes, flora
and fauna important.
Town of Danby Conservation Advisory Council Minutes Page 4 of 8
FLLT, in addition has an ag zone. It is comparable to our forest and
field zone but for farmland protection and is especially directed at
farmers.
Salm asking if we are hoping to conserve more property as we go
along. PoF:Roaring said we need to protect property around Danby
State Forest. Everyone wants to buy next to it.
Gagnon noted that Danby had one big out-reach to large property
owners. Now CAC depends more on neighbors talking to neighbors.
Adams asked about work with wild life protection or trails. FLLT
does prefer to wind up with wildlife corridors and thru-hike trails.
Salm said a conservation criteria is "can you protect this for 100
years? She gave an example of a property owner near Montour
putting in hedgerows for wildlife, but unless they are in easement they
cannot be protected. Can owner sell property if too restrictive?
Ambivalent about farms. Want to protect farms but farming is not
good for lakes. Debate: Are they doing a public service working with
big dairy farmers and CAFOs? This is mainly in Western part of
state. Trying to protect farmland becomes complicated when you
also request farmer to protect creek and keep out his cows. Land
taken out of farming doesn’t usually go back. But big 100’s of acre
conservation easement is one way to protect the land from becoming
a housing development.
PoF:Roaring Does FLLT ever refer anyone to Municipal conservation
easement because we don’t charge money.
Salm: Yes they do – if town has resources. Win-win. Comes down
to money in the end. Still costs. Only problem: How does a
municipality fund enforcement against encroachment? Do you have
money to hire a lawyer? Gagnon made point we are forewarned
since a permit is needed to build a house and can’t get permit on an
easement-protected property. Ulinski: says that yes enforcement
could be a problem.
Town of Danby Conservation Advisory Council Minutes Page 5 of 8
Salm: FLLT Allows people to do some subdivision – leave some land
for children. As an example of a potential problem, Gagnon: How to
keep a seasonal cabin from becoming a permanent residence?
Salm: How do you get your message out? Adams: Whom are you
trying to reach. Landowners and donors. Development staff
Facebook. Send out a lot of mailings. Fund raising. PoF:Roaring
FLLT does a good job in website, fliers, etc.
FLLT is careful not to take a stand on politically controversial things
(such as Climate Change): It labors to reach donors and landowners
and this is a battle in its own right.
Her Recommendations: Look at current easements and see if nearby
properties available; Determine priorities and goals.
PoF: Nitchmann: explained he has 328 acres on Bald Hill, Steam Mill,
etc. Cultivates warm season grasses and managing for wild life. He
wants to reduce property taxes on land only. Tax Assessor under
State Mandate has assessed land values up over 250% in last 7-8
years. Now $5-6K per acre. $15K per acre on Nelson with road
frontage. Assessors follow state and local laws. Town could pass
local legislation that says – for instance – if you have more than 100
acres then cap it at $1000 per acre to make it affordable.
He proposed conserving land by lowering taxes. Ag land credit
doesn’t reduce taxes enough. Made the point that developments
cost municipalities a lot with children, schools, and services.
Residential construction adds to town’s tax base, but open land is not
demanding of municipal expense.
PoF: Keokosky (resident) noted that Nitchmann’s land was posted
(meaning that only owner got full benefit of reduced taxes)
Can’t control assessment, which In Tompkins County is county-wide -
re-assessment every 3 years.
PoF:Roaring says her neighbor has 100 acres and would much prefer
lower taxes than development. Gagnon noted that if town exempted
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all non-residential land it would only require an 8% increase in taxes
to make up for it.
What if an easement allowed people not to pay property taxes on
land in easement. Or even have an open space no tax option.
Could impose a penalty if owner subdivides after using open space
no tax option. Perhaps 5 years back taxes? (After-note: does not
meet criteria of long-term protection).
Salm: If Danby sees properties worth conserving and we don’t have
means to do it – pass it to FLLT.
PoF:Keokosky - Does being next to easement drive up property
value; Salm said this is more applicable to state land.
Ulinski thanked Salm for her contribution.
Reports and updates
1. Adams gave report on his research of how power lines and
pipelines are handling vegetation removal
Adams gave the List of sprays used:
• ARSENAL.POWERLine Herbicide (see
https://www3.epa.gov/pesticides/chem_search/ppls/000241-00431-
20111004.pdf
• Arborchem basal oil (see: http://www.arborchem.com/label-
sds/label_Adjuvant_BasalOil.pdf
(After-note see Transmission Right of way - National Grid used by
NY)
PoF:Nitchmann said Buckeye used a powerful herbicide on his land.
He was delighted to see Honeysuckle disappear. PoF: Roaring
asked him if he had tested his water afterward. Adams said that
might be a good thing for us to do.
Town of Danby Conservation Advisory Council Minutes Page 7 of 8
Dominion has gas line running east/west has done mechanical
clearing which makes a lot of racket (ran a chipper for two days
straight behind his house)
Can use Google to see right-of-ways but hard to track land that they
have a right-of-way on and who owns what.
Can look at Tax maps – but company names change. Need access to
deed information
Enterprise runs under NYSEG power lines out of Enfield until, just by
American Legion, it splits and moves more easterly. Have not
cleared right of way
PoF:Roaring asked if clearing was done during bird breeding season.
Said this is clearly illegal to brush hog fields then. (after-note: this
may be against birding ethics and contrary to the intent of the
Migratory Bird Treaty, but it is not illegal – note requested by CAC
member)
Adams said that finding Customer Relations or a contact is very
difficult. Enterprise doesn’t have a policy statement. Ulinski: NYSEG
might be leasing to them. Adams: Policy is to use existing
easements if you can. NYSEG says that they avoid using herbicides
on farm related land or streams. Their Guidelines say that they
adhere to what is set by PSC (Public Service Commission).
Buckeye allows itself to “spray willy nilly”. They have list of active
clearing projects. Now spraying in Utica. Sherman: How often do
they come though Danby and do it. Adams: Check to keep a line
clear enough to inspect from air.
PoF:Nitchmann. Said his field was cleared 18 years ago. Ask
Asplundh. They are slow, careful, and, Ulinski added, very nice.
Adams: Asplundh is contractor NYSEG uses. Gagnon: operating
rules have changed – trees used to have to be cleared to 5 feet, now
it is 10 feet. That’s a big change.
PoF:Roaring NYSEG takes tops off of trees and just leaves on
ground.
Town of Danby Conservation Advisory Council Minutes Page 8 of 8
Adams: Dominion’s policy is mowing, side-trimming, doesn’t mention
pesticides. 120 properties in Danby approximately have pipe or
transmission line in back yard. Can get property tax numbers for
contacting them. But what is ultimate goal – let home owners have
more say?
Ulinski – Goal is to have companies notify town to let them know what
they are planning to do.
PoF: Roaring why doesn’t town just pass legislation on no dumping of
chemicals. The CAC response was would rather work with
companies than battle them. Don’t know their response yet. Most
are cooperative about land owners wishes about sprays.
Contacting Public Service Commission is next step.
2. Ulinski update on Durfee Hill Easement
Been approved by landowner. Town Board October 7 public hearing
on Durfee Hill easement, hopefully followed by motion and approval
of Board.
They are trying to get easements to surround their property so
reaching out to other landowners.
Next Meeting is on October 8 at 7p.m.
Adjournment
The meeting ended at 8:40 p.m.
_____________________________________________
Submitted by Elizabeth Keokosky (Secretary)