Planning Board Minutes April 9th, 2018

PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434

MINUTES OF April 9th, 2018 Meeting of the Town of Rochester PLANNING BOARD, held at the Town of Rochester Community Center, Accord, NY.

Chairperson Lindstrom asked everyone to stand for the pledge to the Flag.

The Secretary did roll call attendance.

PRESENT: ABSENT:
Maren Lindstrom, Chairman Brian Buchbinder
Patrick Williams
Rick Jones
Alonzo Grace
Laurence DeWitt
Sam Zurofsky

Also present:
Shaye Davis, Secretary. Zorian Pinsky, Alternate.

ANNOUNCEMENTS AND COMMUNICATIONS
There were no announcements or communications.

TRAININGS
Tue, April 24, 2018 4:00 PM – 8:30 PM Duchess County Planning Federation 3-for-2 Spring Series: Zoning Board of Appeals, Overview, Public Meetings and Hearings, Adaptive Reuses for White Elephants

ACTION ON MINUTES
Mr. Williams motioned to accept the March 12th 2018 Planning Board Minutes as amended. Mr. DeWitt seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

2017-09 SPA Continued Application
Site Plan
Rup Kishan Realty
Proposes Retail with 2 @ 2 bedroom apartments above
Route 209, S/B/L 76.9-2-39.100, ‘H’, ‘AP Overlay’ and ‘FD Overlay’ zoning districts,
Located within the 100 year flood plain, within 500’ of Town of Wawarsing
SEQRA: Unlisted/Uncoordinated

Thomas Kentop from Medenbach and Eggers was present on behalf of the application.

Chairperson Lindstrom read the comments from the Ulster County Planning Board. The comments were to have a stop bar and stop sign put in.

Mr. Jones asked about the entrance to the property and the concerns about traffic.

Chairperson Lindstrom stated that the New York State Department of Transportation had no concerns about the entrance. She noted that the finished style should be around the entire building and not just the side that can be seen.

Chairperson Lindstrom opened the meeting for public comment.

The Board had received a letter from a concerned resident. Chairperson Lindstrom read the letter into the record.

Mr. Jones brought up a concern from a member of the public about traffic and safety. He asked if the Board could request for a traffic study to be done.

Chairperson Lindstrom stated that the New York State Department of Transportation had no concerns about the traffic and safety.

There were no comments from the public.

Chairperson Lindstrom motioned to close the public hearing. Mr. DeWitt seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

The Planning Board had no more comments or questions. The Board read a draft decision.
Findings of the Planning Board
1. The Planning Board received zoning referral for Site Plan Approval from the Code Enforcement Officer, an application, EAF, Site Plan, and related documentation from the applicant.
2. The application proposes construction on vacant land of multiple permitted uses: low impact retail of +/-2500 sq ft with a two family dwelling on the second floor (2 two-bedroom apartments).
3. The parcel is located in the H zoning district pursuant to the Town of Rochester zoning code.
4. The parcel is additionally located in the AP Overlay and FD Overlay zoning district. The uses comply with the standards of such district
5. The parcel is additionally located in the FEMA mapped flood 100 year flood plain. No construction is to be undertaken in the portion of the parcel that is in the 100 yr flood plain.
6. The parcel to be developed is known as S/B/L 76.9-2-39.100
7. The parcel is located within 500 feet of Wawarsing.
8. Letters of authorization were received allowing Medenbach & Eggers to represent Rup Kishan Realty LLC/Ashish Patel and David & Claudia Waruch. NB, the Waruchs were in contract to sell the lot to Rup Kishan Realty, LLC at the time of the application.
9. The parcel has road frontage onto Route 209, a NY DOT maintained highway. NY DOT was informed that the approved shared entry right-of-way was to be put into shared service.
10. The parcel is a lightly wooded sloping vacant lot with a stream bordering the northeast border. Setback from the stream meets Town of Rochester setback requirements, and existing vegetation is to be preserved in excess of the minimum requirements of T/ of Rochester Code.
11. At the 2/12/2018 meeting, the Planning Board discussed optimal pedestrian access and suggested that the sidewalk, instead of continuing straight along the lot fronting Rt. 209, curve to join the retail store front. The lot frontage along 209 terminates in a large culvert. The Planning Board determined that a sidewalk leading into a culvert (stream) would serve pedestrian traffic less well than a sidewalk leading to the retail space and in harmony with the adjacent retail (Dollar General) shared entry. The applicant concurred and amended the Site Plan.
12. Access to the retail store and second story two family apartments will be via a deeded right-of-way sharing the existing cut out access for Dollar General onto rt. 209.
13. The proposed structure will connect to the existing town of Kerhonkson sewage and water.
14. Adequate parking, bicycle parking and connective pedestrian sidewalk access was provided on the site plan.
15. A landscaping plan was presented and determined to be adequate.
16. A lighting plan was presented and determined to be adequate, and meet “dark sky’ standards.
17. Store hours are anticipated to be Mon-Thurs 10 am – 8:30 pm Fri. & Sat. 10 am – 9 pm and Sun. 12 pm – 4 –pm.
18. The application was determined to be an Unlisted SEQRA use. A Negative Declaration was determined.
19. Notice was sent to Ulster County Planning Board, and NY DOT.
20. Comment was received from the Ulster County Planning Board and required modifications are addressed in the following section.
21. Comment was received by the NY DOT of “no impact” regarding traffic.
22. A public hearing was held and public written correspondence was read into the minutes.

Draft findings were prepared by the Chairman and were read, discussed, and amended by the Planning Board in public meeting at the time of adoption.

Adopted April 9, 2018
Ayes: 6 Nays: 0 Absent: 1

Motion to adopt findings by Mr. Jones
Second by Mr. Grace
* * * *
Motion:
To accept the Ulster County Planning Board comments of “Required Modifications” which have been addressed as follows:

Discussion from Ulster County Planning Board:
This is a well thought out proposal that maximizes the utility of the site while meeting many of the design goals of the Town’s Hamlet District, as well as that of the Ulster County Design Manual. The County’s comments for this proposal focus on internal vehicular circulation, the context and physical appearance of the facility, and approvals from the Ulster County Department of Health.

1. Access
Comment:
While we support the combined drive-way as part of this proposal, we note there may be some turning conflicts that may result as vehicles try to egress from both the Dollar General and this site at the same time. Additionally, vehicles exiting the proposed site, if a queue forms, could obstruct ingress movements towards Dollar General.
Required Modification:
Traffic controls, including but not limited to, a stop sign and stop bar at the driveway entrance to this property should be put in place in order to help stagger the flow of traffic as egress movements occur.
Response:
The Planning Board agrees with the proposed traffic control modification and the applicant has made the aforementioned modifications to the site plan

2. Architecture
Comment
Context materials that indicate what the building will look like and how it fits into the neighbourhood are tacking from the materials supplied for review Building elevations and/or renderings that illustrate what the building and site will look like and how they fit into the context of the Hamlet should be provided for the Town’s review
Response:
Building elevations and renderings were provided to the Planning Board. Final conditional approval will be conditioned with the requirements of Town Code 140-20 (B) “General Commercial and Industrial Standards–Route 209 commercial design standards”

3. Health Department
Comment
The applicant is proposing on-site septic to serve the proposed structure. Final approval of the proposed septic facilities from the Ulster County Department of Health will be necessary
Response
The applicant is not proposing on-site septic. The applicant is accessing existing connection for Kerhonkson water and sewer. No action needs to be taken in regard to this comment.

Adopted April 9 2018
Ayes: 6 Nays: 0 Absent: 1

Motion to adopt required modifications by Mr. Williams
Second by Mr. Jones
* * * *
RESOLVED,

The Town of Rochester Planning Board Grants Site Plan -Conditional Approval to Rup Kishan Realty LLC permitting a multiple uses of a +/- 2500 sq ft low impact retail establishment with 2 second floor two-bedroom apartments situated at Route 209 and Bank Street, known as S/B/L 76.9-2-39.110 and located in the ‘H’, ‘AP Overlay’ and ‘FD Overlay’ zoning districts.

The Site Plan dated 1/3/2018 and revised 2/12/2018 and 2/22/2018 is approved with the following conditions.

Conditions of Approval:
1. All fees due to the Town of Rochester involving this application shall be paid in full prior to the Chairman’s signature on the Site Plan.
2. Deed, recorded, with driveway shared entry agreement with Dollar General must be submitted for the record.
3. Any deviation from or amending of the approved and signed Site Plan shall require resubmission to the Planning Board, except as may be permitted as determined by the Code Enforcement Officer.
4. This approval is for a +/- 2500 sq ft low impact retail store with two 2-bedroom apartments on the second floor. Any expansion of use or change of use shall be presented to the Code Enforcement Officer for determination.
5. Building construction and design shall adhere to the Site Plan, with the added modification that the front, back and 209 facing side façades (3 facades) will be constructed with a minimum of two principal materials.
6. Traffic Controls will be placed, including but not limited to, a stop sign and stop bar at the driveway entrance to the property so as to help stagger traffic as egress movements occur.
7. All Local, County, State, and Federal Laws or Codes shall be complied with and all required Local, County, State, or Federal permits shall be secured for the current or future use of these lands.
8. All applicable provisions of New York State Uniform Fire Prevention and Building Code associated with the use and/or structure shall be met. The facility shall be inspected and certified for compliance.
9. All activities involving the storage, transfer or disposal of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion.
10. All activities involving the possible contamination of surface or ground water shall be provided with adequate safety devices to prevent such contamination.
11. Pedestrian Access shall be built as specified and adhere to the Site Plan.
12. Onsite parking shall be in approved Site Plan designated parking spaces only. All designated parking spaces shall be kept in safe and accessible condition, free from any obstructions. There shall be no use of designated parking spaces for any purpose other than vehicle parking, including display or storage of products, materials, or supplies. Parking shall adhere to T/ of Rochester zoning code §140-17 at all times.
13. Sound, including any sound or noise producing elements shall comply with Town of Rochester zoning code §140-20 (F) at all times.
14. Signage shall adhere to the Site Plan and T/ of Rochester zoning code §140-21 at all times, except that which may be determined by the Code Enforcement office to not require Planning Board review and approval. Should changes be sought at a future time, the code standards at the time of application shall be applicable.
15. Outdoor lighting shall adhere to the Site Plan and the T/ of Rochester zoning code §140-20 (H) at all times, except that which may be determined by the Code Enforcement office to not require Planning Board review and approval. Should changes be sought at a future time, the code standards at the time of application shall be applicable.
16. The dumpster and related area shall be maintained in a safe and secure manner and remain inaccessible to non-employees at all times.
17. Landscaping shall adhere to the Site Plan and T/ of Rochester zoning code §140-15 at all times. The applicant shall maintain and replace if diseased or damaged, the landscaping as shown on the Site Plan.
18. If required, Map notes pertaining to “Flood Plain”, “Shared Driveway”, and “T/ Rochester Waterway” will be added to the Final Plat.
19. Applicant shall present a Final Plat for signature as amended to reflect any modifications required in conditions 1 – 18.

Effect of Approval:
1. This Site Plan approval and associated conditions shall be binding upon the applicant and all successive owners and/or lessees of the land so long as such use shall occur.
2. Any and all fees due to the Town of Rochester involving this application shall be paid in full prior to the Chairman’s signature on the Site Plan.
3. This approval shall remain effective as an authorization to secure the required permits and establish the use for a maximum of one year from this date of approval unless the applicant shall have submitted written request and the Planning Board shall have adopted such resolution granting an extension and provided the applicant has submitted proof of having diligently pursued the implementation of the plans.

The Town of Rochester Planning Board further grants the authority to the Chairman to certify condition 2 has been completed without further resolution and to sign and date the plat at such time.

Draft resolution was prepared by the Chairman and was read, discussed, and amended by the Planning Board in public meeting at the time of adoption.

Adopted April 9, 2018 by the following vote:
Ayes: 6 Nays: 0 Absent: 1

Motion made by Mr. Jones
Second by Mr. Grace

2017-02 SUP/SPA Continuing Application
Site Plan & Special Use Permit – Resort
Inness NY LLC owner, Sommer Partners, LLC applicant
Proposes expansion of existing use (new construction and modification/change of use) of a ±137 acre parcel
10 Bank Street, Accord, NY, SBL 77.1-1-1, AR-3 zoning. ‘AP Overlay’ & ‘FD overlay’ zoning districts.
Adjacent to Ulster County Ag District #3, contains NWI Wetlands, State Freshwater Wetlands, is within 500 ft. of a National Historic Register property, and within 500+ ft. proximity to a state habitat core.
SEQRA: Type I

Nadine Carney from Peak Engineering and Taavo Somer the owner/applicant were present on behalf of the application.

Chairperson Lindstrom stated that the Planning Board would be lead agency.

Mrs. Carney stated that there were Archeology reports being done at that moment. She stated that the Department of Environmental Conservation had responded. She read to the Board the response. Mrs. Carney presented new information to the Board. She noted that they would be widening the roadway with turn outs for emergency vehicles. She added that the fire department requested 30 foot wide for turn outs and that they requested access to all the ponds on the property.

Chairperson Lindstrom asked if the septic would have power.

Mrs. Carney stated that the Health Department would answer that.

Chairperson Lindstrom asked about the tents from the original plan.

Mrs. Carney stated that the tents were no longer part of the project. She stated that the cost with no tents were better.

Chairperson Lindstrom stated that the Town Consultant would have to take a look at everything. She asked Mrs. Carney if she would like the Consultant to start getting involved now.

Mrs. Carney stated that she would like to hold off until the Strom Water Prevention Plan was completed.

Mr. Zurofsky motioned to refer the application to the Ulster County Planning Board contingent upon receiving a flow chart, lighting information, all the plans submitted at the April 9th meeting and more details pertaining to the septic. Mr. Williams seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

Mr. Jones motioned to set the application for public hearing on May 14th, 2018. Mr. DeWitt seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

2018-04 SUP New Application
Site Plan & Special Use Permit – Multiple Uses
Tonon, LLC
Proposes changed use from restaurant (commercial kitchen)/enclosed pavilion and low impact service establishment to one family dwelling/enclosed pavilion & low impact service establishment (multiple permitted uses by 140-8) on a ±2.63 acre parcel
5215 Route 209 Accord, NY, SBL 76.2-2-49, B zoning,
Located within the 100 year flood plain, adjacent to Ulster County Ag District #3, contains NWI Wetlands, on the Shawnagunk Scenic Byway, ‘AP Overlay’ & ‘FD overlay’ zoning districts.
SEQRA: TBD

Tanya Keifer, owner and Thomas Kentop from Medenbach and Eggers were present on behalf of the application.

Mrs. Keifer explained her application to the Board with the help of Mr. Kentop.

Mr. Zurofsky motioned to type the application as an unlisted action. Mr. Williams seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

Chairperson Lindstrom asked the Board if they would like to do the Part 2 of SEQRA.

Mr. Zurofsky motioned to classify the application as a Negative Declaration under SEQRA. Mr. Williams seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

Chairperson Lindstrom – Yes Mr. Grace – Yes
Mr. Jones – Yes Mr. Zurofsky – Yes
Mr. Williams – Yes Mr. DeWitt – Yes

Mr. Jones motioned to refer the application to the Ulster County Planning Board. Mr. Zurofsky seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

Mr. Williams motioned to set the application for public hearing on May 14th, 2018. Mr. Zurofsky seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

There was no further discussion.

2018-03 SUP Amended Application
Site Plan & Special Use Permit – Special Events Facility
Arrowood Farm LLC
Proposes commercial events facility with parking on a ±10 acre parcel
236 Lower Whitfield Road Accord, NY, SBL 68.4-4-23.110, AR-3 zoning,
Within Ulster County Ag District #3, AP Overlay’ zoning districts.
SEQRA: TBD

Blake Arrowood and Jake Megilo, owners were present on behalf of the application.

Mr. Arrowood and Mr. Megilo presented new site plans to the Board.

Mr. Arrowood gave a background on the property and business.

The Board and applicant discussed the old decision to which they are amending.

Chairperson Lindstrom asked what their plans were for their driveway. She noted that the dust will not work out so they may want to add more gravel.

The Board and Applicants discussed that there would be more parking and to be ADA Approved, sound would be away from the adjacent buildings, the applicant would be planting more to help with noise, the events would never proceed 11:00pm, lighting, and bicycle parking.

Mr. Zurofsky was concerned about traffic impacts on the roads leading to the property. He asked how many people would be their max.

Mr. Arrowood stated that 400 people would be their max.

Chairperson Lindstrom stated that they would need to have that in writing. She also noted that parking attendants would be necessary. She added that the applicant should be referred to the Town of Rochester Highway Department and the Fire Department.

The Board discussed that the property would only be able to sustain a certain amount of people at one time.

Chairperson Lindstrom stated that they would need to have the exact number of people that would be their max, information on parking attendants, noise study and/or ways to fix the noise, information about handling the dust on the driveway, and traffic impacts. She stated that the width of the driveway was okay.

Mr. Williams asked if they would have amplified music.

Mr. Arrowood stated that they would have amplified music.

The Board discussed setting public hearing and determining the type of SEQRA but decided to wait until the received the following information.

• Traffic on site and driveway
• Occupancy max
• Driveway Details
• Noise levels for neighbors
• Impact on traffic with cars leaving the events
• Write up on mitigation of the events.

There was no further discussion.

The Board decided to handle the other matters.

The Town Board had referred an Open Development Application to the Planning Board for comments.

Mr. DeWitt motioned to allow Chairperson Lindstrom to construct a response letter to the Town Board stating that the Planning Board was okay with the Open Development. Mr. Zurofsky seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

Mr. DeWitt and Mr. Jones recused themselves at 9:12pm. Mr. Pinksy was asked to join the Board at that time.

2017-05 SUP Continued Application, Public Hearing
Special Use Permit – Large-Scale Solar System
Town of Rochester (owner) and PV Engineers, PC (applicant)
Proposes a change of use and new construction on a ±67.16-acre parcel 6140 Route 209, SBL 76.1-3-17, AR-3 and AP Overlay zoning districts, Adjacent to Ulster County Ag District #3, NWI Wetlands, partial Prime Farmland on parcel
SEQRA: Type I Action, Neg. Declaration, 7/6/2017

Martin Zanghi and Emilie Flannigan from PV Engineers (Borrego Solar) were present on behalf of the application.

Mr. Zanghi presented the new information to the Board.

Chairperson Lindstrom stated that the Ulster County Planning Board responded with the landscaping not being efficient.

Chairperson Lindstrom opened the meeting for public comment.

Steve Fornal stated that he had his trust and faith in the Town and will make sure the screening is accurate for the neighbors. He asked if the Board could consider moving the panels farther away for the surrounding neighbors.

Michael Malarzyk stated that he was concerned the EMF’s off the panels with the lead and silicone of the panels. He was concerned about the EMF’s going into the water and the health and safety of the children.

Len Bernardo stated that he was concerned about the health. He stated that he panels were only 80 feet from one of the homes. He stated that they should look more into the health and safety with the panels. He said they should check for heat and do other studies to help the people.

Lynn Archer thanked the Board for handling the application the way they have with all the time and effort into it. She stated she appreciated the complexity of the project and the setbacks are already even more than code asked but to please take concerns of the close neighbors into consideration. She stated that she thought local crews were to be doing the work on the project but during the land clearing there were not local crews working on the project. She asked if Borrego could please take into consideration using locals to do the work for the projects.

Troy Dunn stated he owns property to the south of the proposed project. He stated the tenants who currently live there are the closest to the arrays. He stated he would not talk about any of the health aspects but he believes the affects that Mr. Malarzyk were talking about to be addressed and see what the scientific data would say. He stated that he would like to talk about the elevations. He stated that he went onto the site and shot some elevations with a transit. He had not had time to see the site plan until the night on the meeting. He stated that he was not there to shut the project down because he agrees that people should be able to do what they want but he said that the property in questioned is owned by everyone in the Town. He asked how they mitigate the concerns. He asked if they could compromise and meet in the middle with the impacts. He gave ideas to the Board. He stated that the elevations. He asked if they could compromise on moving the arrays back some. He stated that there was a beautiful view from the property. He stated that possibly dropping the arrays down lower so the neighbors will not see it. He stated that if he owned it he would’ve taken all the sand off of the property and used it for the Town and it would’ve lowered the arrays anyway. He stated no matter how much they lower the panels it would be a gain for surrounding neighbors. He stated that it would be a win win for the Town with all the stock piled sand and the solar array.

Mr. Bernardo stated that the Town of Esopus have a community solar array is in a pit so no one can see it.

Mr. Fornal asked for clarification on the setbacks. He thought it was a 75 foot setback.

Chairperson Lindstrom stated that the setback for that zone was 35 feet.

Mr. Fornal asked what the physical set back was for this property from the property line.

Chairperson Lindstrom stated that the setback was 61 feet from the property line.

Mr. Grace motioned to close the public hearing. Mr. Williams seconded the motion.
All in favor. Motion carried.
5 ayes, 0 nays, 1 absent, 0 abstentions

Chairperson Lindstrom stated that she would like to have a workshop meeting for members of the Board to go over everything for the solar projects together.

Emilie Flannigan asked if the Board could come up with a letter with all of their concerns for them to answer by the end of the week.

Chairperson Lindstrom stated that it was no longer for the applicant to answer questions but for the Board to come up with a decision. She stated that they could submit responses to the publics comment if wished.

7/6/2017 2. 2017-05 SUP Continued Application, Public Hearing
Special Use Permit- Large-Scale-Solar System
Town of Rochester (Owner) and PV Engineers PC (applicant)
Proposes a change of use and new construction on a ±30-acre parcel Off Airport Rd., SBL 69.3-2-41.1, R-5 zoning district, Adjacent to Ulster County Ag District #3
SEQRA: Type I Action, Neg. Declaration, 7/6/2017

Martin Zanghi and Emilie Flannigan from PV Engineers (Borrego Solar) were present on behalf of the application.

Mr. Zanghi had no new information to be presented.

Mr. Pinsky asked about the proposed retention pond on the site plan. He stated that the parcel was solid rock and was wondering how they were going to make that work with run off and the adjoining properties.

Chairperson Lindstrom opened the meeting for public comment.

Bill Collins stated that the last meeting did not give him much confidence to the Town to make the decision fair to the neighbors. He noted that this meeting may have had changed his mind. He stated that the tone of the last meeting made it feel like that was it; there was nothing that could be changed. He stated that the development funded the referendum campaign and that the project is all about money. He stated that the developer was not from here and found it necessary to fund a campaign in our Town. He stated that the arrogance of the developer at the last meeting was not acceptable to this tax payer. He stated that the local charm is being turned over to an outsider for their greed. He asked what was going on in this town. He stated that once you succumb to greed you cannot get back what you gave away. He asked how other people in the Town would feel if this was happening in their backyard. He stated that the Town was taking value from the residents who were being affect from the solar projects.

Alex Kambouris asked about the barb wire on the fence.

Chairperson Lindstrom stated that there would no longer be barb wire.

Alex Kambouris asked who would be taking care of the new roadway to the parcel.

Mr. Zanghi stated that they would not plow the roadway.

Mr. Kambouris stated that he was concerned how the fire trucks would access the property if the roadway was not plowed.

Mr. Zanghi stated that they do not plow any properties in the North East.

Chairperson Lindstrom stated that conditions like that would be stipulations of the Planning Board in the decision.

Mr. Kambouris stated that he would like to see more trees planted near the fencing.

George Kambouris stated he would like the panels set back as far as possible. He also asked if the Town paid property and school taxes on the parcel.

Supervisor Baden stated that the Town does not pay tax on that property.

Mr. Kambouris stated that if there was a subdivision and houses put in on the property they would all have to pay school and property tax and the Town would benefit from that so why could they not work something out like having the developer pay some school or property taxes to help the Town.

Chairperson Lindstrom stated that the Planning Board could not address anything to do with taxes.

Len Bernardo stated that when the process first started it was a little strange. He stated the Town is working with people that are not helping and can cause more havoc than help. He stated that they should have the science to show the health and safety. He stated that the fact the properties were downhill from the landfill and the trees would be cleared the run off would affect the quality of the water for the surrounding property wells.

George Kambouris asked what would happen if the solar company would go out of business in 4 years.

Len Bernardo stated that it’s all up to central Hudson and how long they want the energy for.

Mr. Kambouris stated that he was wondering if the tax payers would be responsible to clean up the mess.

Chairperson Lindstrom stated that there was a decommissioning plan in place and that the Board plans to look more into who would be responsible.

Barbara Fornal stated that Borrego did not come into the Town to get greedy. The Town sought after it. She stated that there was a vote in the town where thousands of people voted in and voted in favor of the project. She stated that the Town will get 2 million dollars for the project. She also stated that the science is there that states your cell phone gives you more radiation than the solar panels ever would. She stated that they need to get their facts straight and that the project would benefit everyone.

Mr. Williams motioned to close the public hearing. Mr. Pinsky seconded the motion.
All in favor. Motion carried.
5 ayes, 0 nays, 1 absent, 0 abstentions

Chairperson Lindstrom motioned to adjourn the meeting at 10:03pm. Mr. Zurofsky seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

Respectfully submitted,

Shaye Davis, Secretary

Adopted and accepted, May 14th, 2018