HomeMy WebLinkAboutCAC Minutes - 08_11_20Town of Danby Conservation Advisory Council Minutes Page 1 of 6
Town of Danby Conservation Advisory Council (CAC)
Minutes of Video Conference (Zoom) Meeting on
Tuesday, August 11, 2020
Danby, New York
Council Members present: Clare Fewtrell (chair), Joel Gagnon, Don
Schaufler (late entry into Zoom), Ruth Sherman, Katharine Hunter, George
Adams, Jonathan Zisk, Mary Woodsen (arrived later in evening)
Council Members absent: Bill Evans
Others present: Jason Haremza (Town Planner)
Zoom Meeting was called to order at 7:04
Deletions or Additions to Agenda
None
Privilege of the Floor (PoF) - None
Approval Minutes MOTION for May 12, 2020
Gagnon moved to approve
Adams seconded
Unanimous approval
Approve Minutes MOTION for July 14, 2020
Gagnon moved to approve
Sherman seconded
Unanimous approval
REPORTS AND UPDATES
1) Easement signs
Continuing discussion of Danby Conservation Easement signs -
which Adams is over-seeing for the group - this time concerning
Town of Danby Conservation Advisory Council Minutes Page 2 of 6
factors affecting price. There was a reminder that decision was not
for color but for shades of black to white monochrome. VOSS Signs
was suggested as a possible production source
(http://www.vosssigns.com/products/ ). Questions were asked about
material that might be used (plastic, aluminum, etc?) and Fewtrell
requested some pricing estimates for next meeting.
2) Inspecting current Easements
Fewtrell initiated discussion about if and when to start annual
monitoring of easements, and reminded the group it should be done
before hunting season. The group agreed, with the urging of Zisk,
that annual monitoring was a necessary oversight procedure. Even
the last easement that former chair Ulinski had written up before he
left was over a year ago. A subcommittee, which Sherman
volunteered to organize, was formed with Sherman, Fisk, Adams, and
Fewtrell to work out what to do about reports, letters, and making
appointments. PoF: Keokosky suggested a formal letter be written
and a phone call made to make an appointment. Zisk said this should
be part of the committee’s task. Hunter said she had a letter from a
land trust her family was associated with that could serve as a model
for this. Fewtrell had already done a baseline annual report from a
modified Dryden report, which she had developed and used for
annual reports last year. There was some discussion about where
these old reports were and how to make this easement storage
system more systematic and accessible, but still keep it available only
to CAC members – since the information should not be public. It was
left to the secretary (Keokosky) and town planner (Haremza) to talk
off-line.
3) Easement next steps – Fewtrell’s property
Fewtrell went over description of her property at 619 Comfort Rd. (8.-
1-34.6) that she had written up for creating a Danby easement there.
Particularly she needed help in deciding on what exceptional values it
offered. It was described as a gently sloping property from a
residential area, a shop and two ponds to a hayfield and then a
scrubby woodland/wetland area comprising around 10.6 acres total.
Walking it, Gagnon had noticed a “nice white oak” 1/2 way down field
edge, also a cluster of “feral” apple trees. Sherman pointed out that
from an aerial photo she supplied from a Cornell historical site you
could see that part of the wooded area was formerly an open field.
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Schaufler noted that land had not contained its own homestead so
the topography had not been changed. Fewtrell mentioned that a
neighbor to the north had an L-shape property that Fewtrell’s may
have been previously carved out of. It was decided her property was
formerly agricultural land in early succession, reverting to woods and
old growth – not exceptional, but representative.
How to divide the property for the easement initiated a discussion of
“use zones,” where “residential” is the least restrictive, “agriculture
and forest” allow agricultural structures and firewood removal, and
“environmental” is most restrictive with the goal to conserve and
preserve environment. Fisk noted that “we under-estimate the value
of wetland” and encouraged that the scrubby woods be listed as an
“environmental” zone.
Fewtrell’s final decision included 2 zones: a residential zone and an
agriculture zone. Sticking point was that environmental zone does not
allow cutting for firewood or any other kind of forest management,
making it too restricted. She decided that the two zones should be
divided by a north/south line. There is also a lovely view across the
field, which could be preserved by mowing. Is this a public benefit?
The easement could include the right to remove visual obstructions.
Fewtrell decided against this to keep decisions open for future
owners. Gagnon checked if the baseline description included
invasive species. Gagnon felt Fewtrell’ description was a good
baseline documentation, with the changes noted and a few more
photos.
Haremza questioned whether this level of analysis is sustainable
when a larger number of easements have to be processed and
monitored, but Fewtrell and Gagnon felt the work done had not been
exceptional. Gagnon mentioned the possibility of using drones for
an overview in the future but regular on-site monitoring with pictures
that monitored baseline documentation and condition of noted
conservation values were more informative.
Workshop: It was noted that the property does have a leased
business structure, which is in commercial active use in the
“residential” area, which is unusual, but could be continued if built into
the easement with additional language to cover it.
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Further discussion of the shop led to the comment by Gagnon that
CAC does not want to add restrictions that preclude what is already
happening. Hunter noted at the least, the easement prevented
another residential lot in the field. Gagnon noted that the current road
frontage is 390ft so further development beyond the one residential
house (each residence needs 200ft) was already against the zoning
law (though he further indicated it could probably be negotiated with
the town). Hunter suggested a restriction for shop not to be used in
future if current renter leaves, but Fewtrell demurred at this noting it
was all outfitted for the business and not using it for that would just be
making it go to waste.
Though a lawyer is not required for the property owner to make a
Danby easement, Fewtrell was still interested in obtaining one just to
make sure the language of the easement made legal sense.
4) Logging Ordinance –Don Schaufler and George Adams
Schaufler reported that Scott Davis, Matt Ulinski, Shaufler and Adams
are now on the committee. Adams said that he is still looking for a
good layman’s explanation for Ag and Market’s restrictions.
Meanwhile we can still use the Highway Department and protection of
roads as justification for logging oversight.
We need educational outreach for forest owners, who currently just
take the first bid that they are offered. Adams reported that Pam
Goddard (former town clerk) had said that no one has ever registered
a logging job. Sherman suggested this could be a CAC lecture topic
for landowners - “Hiring Foresters.” Gagnon suggested we could put
educational materials on website, such as links to DEC advice.
Adams said, (while continuing to look for comparable models) that
there are 200 town-logging ordinances in NY State but he has only
found 5 or 6. At a minimum we need substantial performance bonds
(which vary widely) and workman’s comp. Fewtrell noted in the
millions is standard; Cornell requires $3 million.
Adams said that Ulinski can’t meet until September, but Fewtrell
urged a report earlier. He said he could bring a more definitive draft
to next meeting.
Town of Danby Conservation Advisory Council Minutes Page 5 of 6
Sherman said that loggers were cutting up the woods in the property
next to them (around 70 acres) and that they had paid the owner up-
front. It was important to educate the landowners who were not
acting in their own or the community’s best interests. At a minimum
hand them an informative pamphlet. Haremza commented it takes
decades for these ideas to take hold. Also to also keep in mind how
difficult it will be to administer. Sherman emphasized we need to get
a bond from the contractor to protect roads, and educate landowners
on the value of their trees and their options. Especially the big land
owners.
5) Management Plans for Sylvan Lane and Deputron Hollow Road
Town-owned Properties
Zisk went over a draft of what he described as “simple” plans, that he
had previously sent CAC members by email. They are purposely
limited to forest management.
He reported that these parcels not well suited for anything other then
managing for conservation. He recommended selective cutting for
forest health. In describing what was there, he said he had
catalogued some species, as well as some invasives. He thought
annual monitoring, which might require volunteers, paid employees,
or CAC members, was appropriate. Economic and historic issues
were mentioned in plan briefly.
He went over other possible uses that were non-intrusive. Zisk
encouraged everyone to read the draft plans and then get back to
him with comments. Haremza liked the conciseness of what Zisk had
written and thought it was a great start – meaning that it didn’t
preclude future additions, if something else arose in the future.
Discussion of how much detail was needed.
Fewtrell pushed for a final version to complete the work. Said
everyone should read it and send Zisk comments – including
Roaring’s comments as appendices, as needed. CAC needed a final
review at next meeting, and Town Board would need to hold a public
hearing.
Town of Danby Conservation Advisory Council Minutes Page 6 of 6
Final agenda item of Planning Working Group report by Gagnon
dropped for lack of time. He recommended reading the secretary’s
minutes on-line.
Miscellaneous items
Sherman decided to wait for a preliminary easement walk on her
property due to Covid dangers. She was in no hurry. She is also
thinking in terms of more restrictive zones since watching the heavy-
cut lumbering around them. Superior Timber Harvesting was the
company doing the cutting. They were doing nothing wrong as far as
legally bad practices – it was just that they were pulling out everything
that was worth taking and leaving a compromised forest behind them.
Fewtrell noted that she hadn’t heard from woman who was doing the
Humane Society easement and she would check with her.
PoF: Keokosky asked Gagnon if he had talked to Aaron St John
about his property for sale on Deputron Hollow Rd. The answer was
negative. (Note: Gagnon was again sent the NY DEC and US
Forestry Service contact info on funds available for buying land after
the meeting by email). Fewtrell asked Gagnon if he was still willing to
work on this and if not should someone else do it. Gagnon accepted
the responsibility.
There was no Executive session
Next Meeting through Zoom is on September 8 at 7p.m.
Adjournment
The meeting adjourned at 8:54 p.m.
_____________________________________________
Submitted by Elizabeth Keokosky (Secretary)