HomeMy WebLinkAboutCAC Minutes - 05_10_22Town of Danby Conservation Advisory Council Minutes Page 1 of 7
Town of Danby Conservation Advisory Council (CAC)
Minutes of Video Conference (Zoom) Meeting on
Tuesday, May 10, 2022
Danby, New York
Council Members present: Clare Fewtrell (chair), Joel Gagnon, Mary
Woodsen, Jonathan Zisk, Don Schaufler , Katharine Hunter, Margaret Corbit,
Brittany Lagaly
Council Members absent: none
Others present: Elizabeth Keokosky (secretary), Ronda Roaring (Danby
resident), David West (Town Planner), Bill Evans (Danby resident, former CAC
member, and ornithologist)
Zoom Meeting was officially called to order at 7:05.
Privilege of the Floor (PoF): Evans introduced himself as an ornithologist
who did consulting on the effects of wind and solar energy farms on birds,
specializing in nocturnal migration. He was interested in the Norbut Solar
Project and lived a mile and a half uphill from the project at 296 Bald Hill Rd.
He mostly does work with towns and is currently working with the Garnet
Solar Project in Conquest,NY (https://www.garnetenergycenter.com/faqs-
about-the-excelsior-energy-center ), a solar farm about 10 times the size of
the Norbut project in Danby. He is working with Shawn Smallwood from
California, who is an expert on wind energy and solar. His goal is to get the
developer here in Danby to allow a bird fatality study. He wants to go beyond
impact on the land and get a broader view of these solar projects and study
something called the “Lake Effect.” To this purpose he has emailed a research
article to explain to CAC members the background of the work they are doing
(It estimates that bird and bat fatalities are much, much higher than
previously estimated). – Here Fewtrell interrupted him and said that his
presentation would be added to solar panel discussion item and that item
would be brought up first so he didn’t have to stay the whole meeting.
Town of Danby Conservation Advisory Council Minutes Page 2 of 7
Roaring protested the proposed vote on Conservation Easement Template
changes to the Active Use Zone because they were not open to the public as
required by open meeting law, section 102. She was informed that CAC was
not a board but an advisory group and the vote was just to approve sending
the change to the Town Board for their voting approval. It was there these
rules applied.
Deletions or Additions to Agenda: Item 7 on Solar panels was changed to
item 1 to accommodate Evans’ participation in that topic; Item 1 became Item
2 and Zisk’s draft “Criteria for Easements” was added to become Item 3.
Approval Minutes MOTION for both March 08, 2022 and April 12,, 2022
minutes
Gagnon moved to approve both
Hunter seconded
Unanimous approval.
REPORTS AND UPDATES from Agenda (with changes noted above)
1. Update on Proposed Solar Panel Farm – Joel Gagnon
Evans was given the floor to discuss his proposal. He explained that he
was an expert witness on the Garnett Project to advise developers and
New York State. The Audubon Society and other conservation groups
are trying to get beyond immediate site impacts to longer term effects
on birds flying over the project. California is the only state that has
done these studies and, according to him, the results are fairly alarming
and there is a lot that is unknown. It turns out that grebes, and possibly
other water birds, are fooled by the reflective surface of solar panels
into thinking they are water and try to land there. Since they need
water to get a running start into the air for take off they are
subsequently marooned and die.
There are now 65+ solar projects in NY State for around 600 MegaWatts
so this becomes an important issue to resolve. It applies directly to this
area where there is a nesting pair of pie-billed grebes in Michigan
Hollow swamp and are also some known to be nesting in Buttermilk
Creek, both within two miles of the project
Town of Danby Conservation Advisory Council Minutes Page 3 of 7
Evans is interested in doing a fatality study but wants help from CAC to
recommend his efforts so he doesn’t “spook” developers and can get
their approval.
Fewtrell asked him to send more information on what he is doing and to
also include how he proposes the town should be using the information
from his study.
Gagnon said the the town board is going to consider Norbut Solar Farm
on May 23 so there is a timeliness issue. Evans said that he was not
trying to stop the project, but only to take the opportunity for
volunteers to follow the mower and collect information on what is
observed and he needs the developer’s cooperation. Planner West says
that this concept has already been mentioned and the only thing the
developers are concerned about is that people who go within the area
get the special training needed.
2. Vote on proposed change in the Residential & Active Use Zone in
the easement template – Gagnon
Gagnon discussed the proposed change in the Residential and Active
Use Zone of the easement template as one that minimizes restrictions to
this least restrictive zone and lets the specifics be customized into the
individual easements. This is under the proviso that it is still regulated
by current new zoning law. The new version replaces “You can’t add
new new buildings except…” with “You can add new buildings except…”
making it easier to use. The main limitation stated is “not degrading any
conservation value” identified in the body of the easement. This is
driven by the easement goal of reducing development and not adding
additional dwelling units. (There is an escape clause to revisit this issue
if there is a real need).
Comments by the group were favorable on this change. Zisk said the
easement is to identify, sustain, and maintain existing natural values so
he thought the statement about not degrading natural values improves
the easement. Corbit felt the easement would become less off-putting to
a potential applicant. Lagaly thought it improved the ease of creation of
the easement. Fewtrell asked Gagnon to have the Town lawyer approve
the language and then send it to the Town Board. She wanted the old
and new versions sent together.
Town of Danby Conservation Advisory Council Minutes Page 4 of 7
Motion that CAC recommend that the Town Board approve
proposed change in the easement template after the lawyer had
reviewed it.
Fewtrell moved to approve
Corbit seconded
Approval unanimous.
3. Draft Criteria for Easements - Zisk
Zisk described the document he had put together as a listing of
important qualities to use as a check list to evaluate whether or not
creating an easement was appropriate. Corbit said it was a good
starting point, and volunteered to work with him after putting the
document on the Danby website “work drive” and determining the level
of sharing. There was some discomfort among some CAC members that
the document might be off-putting to potential easement applicants (i.e.,
that their land might not make that standard), but others felt it would
not be threatening but rather enlightening to the public (to better
understand the point of easements). The conclusion was to keep the
document in draft form for internal use by CAC for the time being while
it was being thought out and worked on, making it available as needed.
Fewtrell suggested changing the title from “Summary of Valuable
Characteristics in an Easement” to something like “Some Valuable
Easement Characteristics.”
4. Updates on Proposed Easements: Ravencache (Lagaly), Woodsen
(Zisk), Sherman/Lassoie (Lagaly and Hunter), any others?
Ravencache easement: Gagnon pointed out changes still needing to be
made. Language of new template changes was incorporated to go ahead
with easement. There are still confusions with Schedule B, which
Gagnon told Lagaly was the whole baseline documentation. which
documents conditions at time of the grant. It should include both
Appendix A and B.
Lagaly incorporated the suggested changes on the spot, and sent out
updated easement documents by the end of this meeting.
Town of Danby Conservation Advisory Council Minutes Page 5 of 7
Motion that the CAC accept the Ravencache Easement with changes
just discussed and send it on to the Town Board
Corbit moved to approve
Gagnon seconded
After a few still existing confusions were cleared up, the
motion was approved by 6 CAC members, with Schaufler
abstaining because of technical issues.
Gagnon will take the easement to the Town Board
Woodsen Easement: There was some discussion and comments on
things that still need to be cleared up. Metes and Bounds are still
missing – which are taken from deed. Zisk will send new a draft to CAC
members next week by email.
Sherman Easement: this will be begun soon with walking the land, and
its status discussed next month.
5. Status of annual easement monitoring and placing easement signs
– Jonathan Zisk, Don Schaufler & Margaret Corbit
Steve Selin will be putting up easement signs on his land. Some reports
still need to be written. Eric Palmer’s land still needs to be inspected.
Hunter agreed to contact Palmer to arrange inspection of his two
easements.
6. Status of Timber Harvesting law – Don Schaufler & Jonathan Zisk
Discussion centered on issues still causing difficulties. One was a
circular discussion about including Best Management Practices (BMP).
There is a shifting line between what the law should recommend and
what it should require. Schaufler sees the law as mainly a notification
law so the Town knows who is doing what and where. It should not
address forestry management, but should concentrate on logging issues
(especially effects on roads). DEC is responsible for oversight and
recomendation for using BMP. Monitoring is done by the Zoning officer
and Highway Department. However, cutting lumber for a house, for
instance, would preceed a building permit, so when is that kind of
logging monitored? Questions like these arose.
7. Talk on Native Trees? – Brittany Lagaly & Don Schaufler
Town of Danby Conservation Advisory Council Minutes Page 6 of 7
Schaufler made the point that much information is already being
distributed by local experts. He had previously sent a link for a CCE talk
on plants and birds that was held on May 17, which was also announced
on the Danby website (https://danby.ny.gov/20220517-cce-webinar/ ).
For information on Native Plants and Birds there is a link at the Finger
Lakes Native Plant Society (https://flnps.org/). This group could also
give a talk for us if we wanted them to.
Lagaly said she would step in if no one else was available. Some thought
that we might have reached the saturation point on classes for now.
Corbit suggested that this kind of presentation might be appropriate in
the fall before late fall tree planting time.
8. Status of local implementation of varying easement time lines and
tax abatements subcommittee – Clare Fewtrell
The subcommittee has been meeting every other week. Plans are
ongoing to meet with the Ithaca School District to negotiate a decrease
in school tax for the easement/tax abatement law which the group is
trying to configure. Data are being compiled by Zisk and Planner West
for presentation to the school districts. West is still trying to make
contact with the Town Planner in Orchard Park, NY to find out more
about their experience with temporary easements. Their current
easements are 2 to 1 perpetual easements vs. temporary.
9. Updating CAC address list and how to deal with problems with
Zoho. Should a Zoho class be arranged with the Town Clerk? –
Betsy Keokosky, and others
Discussion about organizing a Zoho workshop with Janice – town clerk.
General complaints were raised about working with it; it is complicated
and non-intuitive.
Another problem was that we still need a CAC folder on the website that
all CAC members can access for their own interal use. Corbit
volunteered to work with Janice.
Fewtrell has sent the easement inspection reports from last year to Zisk.
Zisk will coordinate with Corbit and will upload them to the Danby
website.
Town of Danby Conservation Advisory Council Minutes Page 7 of 7
Keokosky was also going to coordinate with Janice – town clerk - and
Zisk about Laserfiche copies of older files.
There was no Executive session
Next Meeting via Zoom is on June 14 2022 at 7p.m.
Adjournment at 9:16pm
_____________________________________________
Submitted by Elizabeth Keokosky (Secretary)