MINUTES OF THE REGULAR MEETING OF THE TOWN OF ELLICOTT PLANNING BOARD HELD AT THE ADMINISTRATION BUILDING, 215 SOUTH WORK ST., FALCONER, NY ON FEBRUARY 8, 2006 AT 7:00 P.M.

PRESENT: Chairman Dan Evans, Gary Swanson, Dave Carlberg, Phyllis Belin, Attorney

William Wright, and Secretary Valerie Pierce

ABSENT: Ron Calanni, Mike Mogenhan, Paul Shanahan and Code Enforcement Officer Randy

Woodbury

Chairman Evans called the meeting to order at 7:00 P.M.

Motion made by Dave Carlberg, seconded by Gary Swanson to approve the minutes of the January 11, 2006 meeting.

Robert Jordan, Forestry Consultant, and Bruce Scolton, Attorney for Linda Freedland, presented plans for a selective timber harvest on Southwestern Drive.

Mr. Scolton told the Board he was representing the landowners who reside in Albany and Mr. Jordan is a veteran forester who will be responsible for the marking, bidding, supervising, harvesting and reclamation of this property.

Mr. Jordan stated they have already marked the trees so they could have an idea of what could come out. They are trying to turn the woods around because the last cut was not handled as a select cut but more of a diameter cut. They are trying to correct the species composition to improve the wood lot so there will be better quality for the next cut.

Mr. Jordan explained that a diameter cut is selling the timber down to a certain diameter. There are a lot of stumps still on this property. A selective cut will leave some of the trees that are more desirous as a seed source to propagate more even though they are bigger trees. They might harvest a smaller tree that is declining and leave the bigger one that is healthy. They will also harvest out some the less desirable species to leave better hardwood species grow for the next cut. Mr. Jordan said there were a lot of trees left in the last cut that are of poor quality and poor species composition and he doubts he can get the landowner to get rid of all those but they are trying to correct what was done the last time. Mr. Jordan said he did not know when the last cut was done.

Mr. Scolton told the Board there are two 50 feet rights-of-way down to Hunt Road that are not going to be used for anything. There is an existing gravel pad on Southwestern Drive that will be used for the landing for removing of the logs. It is not open now but it will be cleared so there will be no reason for the trucks to run through harvest area or have any access along Hunt Road or be close to any of the residences. There are no residences around that area of Southwestern Drive.

Mr. Jordan showed the Board an aerial photo of the property.

Attorney Scolton told the Board that he has worked with Mr. Jordan on several different havest and timber projects and he does a great job not only in marking the trees and marketing them but the contract has a lot of protection language about reclaiming any roadways. Mr. Jordan is a very responsible forester and not a lumberman, who has no financial interest in the lumber, so he is just as concerned with the reclaiming the parcel after the cut as he is with the cut itself.

Attorney Wright asked Mr. Jordan to provide a copy of his standard contract and asked the timing of the planned cut. Mr. Jordan said there is some wet area so it might be late spring or early summer. Mr. Wright said the neighbors might have some water issues and the Town has had timbres come in and commit to doing dry or frozen condition cutting only. He asked if Mr. Jordan would be willing to commit to that. Mr. Jordan said the frozen cut is just about impossible anymore because the ground does not freeze but they would probably wait till late spring or early summer to cut.

Dan Evans asked who would oversee the project. Mr. Jordan said he would be responsible for the enforcement of the contract and available if there were any problems. If the Board wanted specific hours they would have to incorporate them into the contract. Mr. Scolton said because the people that are cutting are paying in advance for everything it will give them incentive to get the logs out.

Gary Swanson asked what %of the trees they are anticipating will be cut. Mr. Jordan said maybe about 20% because they are doing mostly surgery from the last harvest. The tops will be left in place because the deer would decimate the regeneration.

Al Nelson, a resident Hunt Road, stated that he hoped that this time they would do a much better job then the last time. He thought they did the harvest about 12 to 15 years ago. The Nelsons were told that it is standard practice to leave the tops of the trees because it is best for the environment. Mr. Nelson said he also has concerns about the water.

Don Johnson, a resident of Hunt Road, said he was also speaking for Charlie Giambra because he could not come to the meeting. One of his main concerns is the water because comes down into their backyards. The system is working well now and he wanted to make sure they do not divert the flow of the water. He also asked if they could look at a beech tree he has and consider taking it down even though it is not desirable tree because it goes about fifty feet in all directions and it has wrecked his yard.

Mr. Jordan said they have left a buffer zone along those properties. Mr. Johnson said he would like some trees taken out behind them. They did not want to illegally cut it down.

Mr. Scolton asked Mr. Jordan if there are individual trees that landowners, who abut Hunt Road, wanted removed and would not interfere with the regeneration plans could they be marked and harvested. Mr. Jordan said the people that they will be dealing with are not landscapers and they will not be careful of the fences or any out buildings. There will be not be a specific buffer and there are no trees marked now that will fall onto anyone else’s property. Mr. Jordan explained the marking scheme.

Mr. Scolton said that the present owners are not the owners that did the last cut. The previous owner was elderly and did not take personal control over what was happening.

Richard Greenland, resident of Hunt Road, said they have two concerns. They are concerned about the water runoff because they have put several thousands of dollars into drainage in the back yard so they can use their patio. He said there is several large trees that are aimed right at his house and every time there is a severe wind they would not be surprised if they would come down. He thinks they are dead.

Attorney Wright said if the neighbors need trees removed this may be their link to do it. He does not think it is fair to expect the owners to cut the trees but they may be able to get permission, which they might not otherwise have the link to get, to have them removed by their own cutters.

Mr.Scolton said that he was expecting more resistance in taking trees rather than the request to remove more trees. He said if all the owners are insistent about the buffer trees, which have no timber value and might be a danger to adjacent properties, he could generate a simple release of liability for the neighbors to sign releasing his client from liability so the neighbors could remove the trees if the owners have no objections.

Mr. Jordan said they should look at the trees first. Mr. Johnson said if the trees could be taken out and used it would be the best. Mr. Jordan said he would get together with the neighbors and decide what they should do with the trees. Mr. Scolton said they would promise the cutters would stay away from anything that looks like rain so they would not disrupt the drainage and repair any damage. Mr. Scolton will emphasize with the owner that there be no artificial diversion of the water flow. Gary asked if they anticipated any change in drainage patterns and Mr. Jordan said they hope that it will open it up to daylight and help dry it up. Dan said that the watercourse in the area is very fragile.

Secretary Pierce said there were no letters or comments from any neighbors that were not at the meeting.

Chairman Evans said that the Board would like:

1) Mr. Jordan to meet with the neighbors and if needed have Attorney Scolton draw up a release of liability if they want to cut down come trees and provide a copy to the Town

2) a copy of the contract – the Board would like to see a dry cutting so they will not create any more drainage problems and have the hours of operation be 7:00 AM to 6:00 PM Monday through Saturday.

Phyllis Belin asked Mr. Jordan how long he anticipated that this cut would take to complete. Mr. Jordan said it would depend on who got the bid and if they had small machinery and a one-man crew or if they more men and larger equipment. Mr. Jordan said there are only about 200 trees to come down.

Attorney Scolton asked if there were any levels of approval beyond this Board. Attorney Wright stated he did not believe this project qualifies for County Planning Board approval but if the County does need to be notified the Town of Ellicott will take care of doing that for the applicant and will have a response from them prior to the next meeting on March 8, 2006. Attorney Wright told the neighbors they are welcome back if they have any additional concerns but not to feel they have to come back. The Board needs to go through the SEQRA form and needs a representative for the owners at the next meeting.

Attorney Wright asked if it would be a problem if any of the Board members or the neighbors wanted to enter the property and look at the trees that have been marked. Mr. Scolton said the property was not posted and as long as they do not do any damage they could wander around the property.

Motion made by Phyllis Belin, seconded by Dave Carlberg to adjourn the meeting at 7:43 PM.

Carried. Ayes-4 Noes-0 Ayes-3

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Valerie Pierce, Secretary