HomeMy WebLinkAbout2011-06-23 Danby Planning Board
Minutes of Meeting
June 23, 2011
Present:
Joel Gagnon
Anne Klingensmith
Ted Melchen
Robert Roe
Naomi Strichartz
Steve Selin
Absent:
Ray VandeBogart
Others Present:
Secretary Pamela Goddard
Town Board Leslie Connors
Code Officer Sue Beeners
Public Gay Garrison, Cynthia Bowman
Planning Board Chair, Robert Roe opened the Planning Board meeting at 7:04pm.
Gas Drilling Task Force Report
Sue Beeners gave a report on behalf of the Danby GDTF. The Task Force has recommended that
a joint committee be formed with Planning Board members (and Town Board members if desired).
Five Task Force members have volunteered. The main intent is to offer help in drafting regulations
banning fracking and regulating land use.
Beeners suggested that the PB consider what needs to be done and generate a"works plan"for
this group. She outlined some of the needs and tasks which the Task Force volunteers could take on.
Gas Drilling Legislation
Selin gave some background and a timeline of activities by some members of the Planning Board
and the formation of"Concerned Citizens of Danby."Information and assistance was received from
the chair of the Ulysses Planning Board. Selin gave a perspective on the attorney relationship between
various Town Attorneys and the Community Environmental Defense Council(aka Helen and David
Slottje). Selin reported that he had hoped that the Slottjes might work with the Town on this issue,but
was aware of what seemed to be hostility to this idea from members of the Town Board. Selin asked
the TB to pass a resolution charging the PB with drafting amendments to the zoning law,related to
this issue. This was done June 6.
There was a discussion about the different approaches of Dryden,Ulysses, and the Town of Ith-
aca. Information from additional New York municipalities was made available to the PB. Otsego and
Middlefield have already passed prohibiting legislation. The PB was particularly interested in the
Middlefield ordinance and Greenplan study. The main approaches seem to be to either to specifically
address the gas industry or to have a generic ban on heavy industry or high impact land use. The
Slottje approach is viewed by some Towns as being too broad with many loose ends which would
take a lot of research. This would be time consuming.
Dryden and Ulysses have crafted zoning amendments which are more succinct. Beeners ex-
pressed strong appreciation of the resolution which accompanies the Dryden zoning amendment. She
suggested a coordinated effort on the various pieces of legislation being drafted in Danby at this time.
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Beeners gave the opinion that wording and findings in the proposed Comprehensive Plan amendment
and Aquifer Protection Ordinance might be mutually supportive with a ban ordinance.
There was some discussion about home rule provisions. Selin spoke about concerns with the pre-
emption issue, stating that the Slottjes, "have little time to work with Towns which are still stuck on
this issue." Selin reported that the Slottjes do not have time to help Danby until the Town Attorney is,
"beyond this issue," as to whether current state law allows municipalities to prohibit certain industries
and activities. Clerk Goddard read part of a communication received from Krogh earlier that day. This
communication cleared up some concerns expressed by members of the Planning Board. Selin re-
sponded to this communication with the opinion that if Krogh will draft legislation for the Town the
assistance of the Slottjes may not be necessary.
Beeners and Selin shared information indicating that members of the Town Board were suppor-
tive of prohibition legislation and that Krogh may already be working on a draft. This draft may be
presented at the June 27 TB meeting. There was discussion about what recommendation the PB
should make to the TB.A timeline of needed actions prior to the adoption of a prohibition amendment
to zoning was outlined. Beeners offered to transmit this resolution of recommendation to Krogh and
the TB so that they can work on this over the weekend. The PB agreed that it will need an additional
meeting in July for amendment review.
RESOLUTION NO.19 OF 2011-ADDITIONAL MEETING
Resolved,that the Planning Board of the Town of Danby schedules an additional meeting for July 14, 2011 to
review draft legislation banning high-impact industrial activity, including gas hydrofracking in the Town of Danby.
Moved by Roe, Second by Selin. The motion passed.
In Favor: Gagnon, Klingensmith, Melchen, Selin, Strichartz, Roe
RESOLUTION NO.20 OF 2011-HEAVY INDUSTRY BAN
Whereas, the Town of Danby Town Board charged the Planning Board with the drafting of local laws to prohibit
high-impact industrial activity, including gas hydrofracking; and
Whereas, it is now apparent that three Towns in Tompkins County are in process of adopting workable laws for
that purpose; and
Whereas, it appears that the Town Attorney has indicated a willingness to draft similar legislation;
Now Therefor it is
Resolved,that the Planning Board recommends and requests that the Town Board direct the Town Attorney to
draft an amendment to the Zoning Ordinance to clarify and to further prohibit high-impact land uses including
natural gas exploration and extraction with all deliberate speed in time for Planning Board review at its July 14,
2011 meeting; and it is
Further Resolved,that the Planning Board reports that said request is made without prejudice to having the
Town Attorney consult with the Community Environmental Defense Council.
Moved by Gagnon, Second by Selin. The motion passed.
In Favor: Gagnon, Klingensmith, Melchen, Selin, Strichartz, Roe
Town Board Report
Leslie Connors gave a short report. She also took part in discussions about heavy industry legisla-
tion. Connors initiated discussion about a timeline for the various legislative efforts underway, includ-
ing the Road Use Laws, amendment to the Comprehensive Plan, further zoning review and updates,
Aquifer Protection Ordinance, and designation of Critical Environmental Areas. Connors suggested
devising a chart to map processes such as the public hearings which will need to be held.
Questions about the Road Use Law were answered by Connors and Goddard to the best of their
ability. There were particular concerns about"industrializing"Danby's roads. Why not simply post
the roads for weight limits which would exclude heavy truck usage?It was explained that these laws
help protect against thresholds beyond weight limits,regulate pass-through traffic (even if drilling is
banned in Danby), and set haul routes, letting truckers know where they are permitted and were not.
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Critical Environmental Areas Update
Anne Klingensmith gave an update. She also took part in discussions about heavy industry legis-
lation.A draft of the most complicated CEA designee has been written and circulated to the Town
Clerk and Code Officer for review. Six more CEAs need to be written. Boundaries for these areas
have been described. Descriptive material and evidence has been compiled,but needs to refined in the
text. Klingensmith asked for additional readers to review the material which has already been pre-
pared.
Beeners advised that these be prepared and moved as the material is developed. She updated the
PB on the status of CEA mapping. Beeners hopes that the intern working with the Conservation Advi-
sory Council can work on this project this summer. The intern's advisor is enthusiastic about the pro-
ject. Other CAC members may be willing to help vet the drafts. Klingensmith will meet with this in-
tern and CAC advisor in July and expressed eagerness to be trained in GIS mapping.
Proposed Aquifer Protection Ordinance
Cynthia Bowman gave an update draft of the proposed Aquifer Protection Ordinance.The PB
chair noted that most of the concerns previously expressed were addressed in the current draft. Bow-
man explained changes which resulted from consultation with CEO Beeners.Appropriate standards
need to be set for various permitted businesses including photography operations, furniture stripping,
and dyeing.
Bowman explained that the final version of the Aquifer Protection Ordinance can not be com-
pleted until appropriate mapping is included.An estimate of mapping costs is in the $10-14,000
range, after deducting the USGS matching funds. This cost could be spread over two fiscal years.
Beeners has contacted the County for financial support. It is expected that maps will be prepared by
winter 2011.
There were several suggestions for removing ambiguities in the definitions.The PB asked addi-
tional questions regarding potential unintended consequences. Such issues as the size of an oil tank
for a multiple unit property, definition of fracking fluid hazardous waste,thresholds for sub-divisions,
language which would permit composting toilets, commercial composting, and other concerns. Sug-
gestions were made for ways to address these concerns, including specific language and suggestions
for operations which might have permitted uses.
Klingensmith requested that the record show that the Planning Board thanks Cynthia Bowman for
all of the work she has done and is doing on this ordinance.
RESOLUTION NO.21 OF 2011-AQUIFER STUDY MAPPING
Resolved,that the Planning Board appreciates the work being done on the proposed Aquifer and
Stream Corridor Protection Overlay Zone Amendment; and it is
Further Resolved,that the Planning Board recommends that the Town Board provide the funding
needed for related mapping.
Moved by Gagnon, Second by Selin. The motion passed.
In Favor: Gagnon, Klingensmith, Melchen, Selin, Strichartz, Roe
Adjournment
Chairman Roe directed the PB to read the Middlefield material prior to the July 14 meeting.
The Meeting was adjourned at 9:25pm.
Pamela S Goddard,Planning Board Secretary
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