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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 Town of Danby Conservation Advisory Council Minutes Page 2 of 8 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 Town of Danby Conservation Advisory Council Minutes Page 3 of 8 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 Town of Danby Conservation Advisory Council Minutes Page 6 of 8 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)