PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
MINUTES OF December 11th, 2017 Meeting of the Town of Rochester PLANNING BOARD, held at the Town of Rochester Community Center, Accord, NY.
Chairman Baden asked everyone to stand for the pledge to the Flag.
The Secretary did roll call attendance.
PRESENT: ABSENT:
Michael Baden, Chairman Rebecca Collins
Maren Lindstrom, Vice Chair Alonzo Grace
Laurence DeWitt
Rick Jones
Patrick Williams
Also present:
Shaye Davis, Secretary. Mary Lou Christiana, Attorney for the Town, Sam Zurofsky, Alternate.
ANNOUNCEMENTS AND COMMUNICATIONS
Chairman Baden noted that the December meeting would be his last meeting and thanked all the members of the Board for their hard work and dedication to the Board during his time there.
TRAININGS
Chairman Baden stated that he had held trainings for the Town of Rochester Zoning Board of Appeals and Planning Board members the week prior. He noted that there were webinars online that the members could take online through the Department of State.
ACTION ON MINUTES
Mr. DeWitt motioned to approve the November 13th minutes as amended. Ms. Lindstrom seconded the motion.
Motion carried. All in favor
5 ayes, 0 nays, 2 absent, 0 abstentions
2017-06 SUP Continued Application
Special Use Permit – Large-Scale Solar System
Fordemoor Solar LLC
Joseph Grasso (owner) and Cypress Creek Renewables (applicant)
Proposes a change of use and new construction on a ±25.32-acre parcel
Berme Rd., SBL 76.3-1-20, R-5 zoning district, contiguous to the Town of Wawarsing
SEQRA: Type I Action
Tim Moot the Town Consultant from Clark Patterson Lee was present.
John Reagan, and Aaron Mann from Cypress Creek and Chuck Utschig from Langan Engineering were present on behalf of the application.
Mr. Reagan presented the new submittals and changes to the site with the Board.
Mr. Jones asked how far the post went into the ground.
Mr. Utschig stated that there would be no blasting done to the property and that the post go about 6 feet into the ground depending on wind and other factors.
Mr. Jones stated that the direction of the sun beaming down onto the property did not match with how the panels are set up on the site plan.
Mr. Ustchig stated that the project was set up to get the maximized amount of sun and solar power.
Mr. DeWitt asked how the company would deal with the rocky terrain.
Mr. Ustchig stated that in most cases they would attach to the rock. He also stated that they would possibly drill into the rock and use cement to hold the post to the rock.
Ms. Lindstrom asked if there was a point where they would say that they have been hitting too much rock and stop drilling.
Mr. Ustchig stated that no, they would not.
Mr. Moot asked if there had been a geotech done.
Mr. Ustchig stated that there had not been one done yet.
Mr. Jones stated that the road way through the parcel has a house next to it and that he would be concerned about the impact on the house and why they cannot use the other side to enter the parcel.
Mr. Ustchig stated that the topography was steeper on the other side of the project and they would have to move streams and such to make it work.
Ms. Lindstrom stated that the stream went down and met the hurricane fence that was already there due to the water from the stream and that it would make a concern for the people’s homes.
Mr. Jones stated that the velocity with the lack of tree coverage does it need to have retention or bigger problem.
Mr. Moot stated that the water was a big concern.
Mr. Ustchig stated that they would not be changing the amount of water that would be running down the parcel.
Ms. Lindstrom asked what would happen if the changes to the parcel did increase the water.
Mr. Ustcig stated that the studies have proven to be accurate and the water will not increase.
Mr. Jones stated that the concern was that the slope and the removal of the tree canopy which helps slow down the water velocity will make the water run faster.
Mr. Moot stated that the issue would not get past them and that the bigger concern would be what had been disturbed.
Mr. Ustcig stated that the entire site would be disturbed.
Mr. Jones asked if the stumps would be left in the ground.
Mr. Ustcig stated that the stumps from the trees would be left.
Mr. Jones also asked about the how long the construction would be.
Mr. Ustcig stated that the construction would only be 2-3 months.
Mr. Jones asked what the hours of operation for construction would be.
Ms. Lindstrom noted that she would be concerned about school buses and danger to children.
Mr. Williams asked if they would be grinding or removing tree stumps.
Chairman Baden asked if there wood from the trees would be stock piled or if there would be burning of the trees and brush.
Mr. Ustcig stated that there would be no stock piling or burning.
Mr. Jones stated that there will be a 25 foot border that will be forever green but he saw that there were some sides that would not have any sun touching it so can we increase the border to 100 feet of trees on one or two sides. He noted that he was trying to increase the border for the surrounding properties.
Chairman Baden noted that by law the applicant has to leave at least 25 foot undisturbed buffer and possible add more plantings.
Mr. Ustcig stated that instead of increasing the border they can add more plantings like evergreen plants to help with the year round screening.
Mr. Jones stated that he would be happy with the evergreen to increase the buffer. He also asked about the buffer for the streams.
Mr. Ustcig stated that they are not allowed to touch the streams and that they will but up a silt fence around the streams. He added that the panels do not go within 50 feet of the streams.
Chairman Baden stated that he would like to have input from the Accord Fire Department when the applicant has a more definite plan about the roads to access the parcel.
Ms. Lindstrom noted the border on the current vacant land side of the project having a good screening for future homes.
The Board talked about view shed from 44/55 and Route 209 along the scenic by way.
The applicant spoke about a 3D view shed to have for the next meeting.
Ms. Lindstrom spoke about the habitat corridor. She stated that the parcel was in a medium habitat corridor. She stated that even though it was not a state park or designated spot it was still an important habitat corridor.
Chairman Baden stated that Clark Patterson Lee and Ms. Lindstrom prepared a draft part two and that he would like to go over that part 2 with the Board.
The Board reviewed the part 2 of SEQRA. The Board made changes to the SEQRA part 2.
Mr. Williams motioned to adopt part 2 of SEQRA. Ms. Lindstrom seconded the motion.
Motion carried. All in favor
4 ayes, 0 nays, 2 absent, 1 abstentions
SEQRA Lead Agency
Area Variance – Large-Scale Solar System
Wilfred and Susan Neff (owner) and Rondout Creek Solar, LLC (applicant)
Proposes a change of use and new construction on a ±81-acre parcel. 16.1 acres to be disturbed.
Residential Use to be retained.
12 Pompey’s Cave Rd, SBL 69.4-2-7.116, AR-3, AP Overlay, and FD Overlay zoning districts, Located in Ulster County Ag District #3, partial Prime Farmland on parcel, contains 3@ USACE wetlands, contiguous to the Rest Plaus Historic District,
SEQRA: Type I Action
Chairman Baden stated that he would like to do part 2 of SEQRA.
The Board started to review part 2 of SEQRA.
The Board realized that they did not have all the current information including an updated site plan.
Chairman Baden stated that the Board could stop the review of SEQRA part 2 until they have enough information to review the project.
Mr. Ustcig asked about the procedure of SEQRA.
Chairman Baden explained the lead agency and the type of review.
The Board decided they could not move forward until more information was provided.
OTHER MATTERS:
Ms. Lindstrom motioned to adopt the new applications, checklist and updates. Mr. DeWitt seconded the motion.
Motion carried. All in favor
5 ayes, 0 nays, 2 absent, 0 abstentions
Ms. Lindstrom motioned to adopt the 2018 meeting schedule and have the secretary advertise notice of the meeting schedule.
Motion carried. All in favor
5 ayes, 0 nays, 2 absent, 0 abstentions
Chairman Baden motioned to adjourn the meeting at 10:06pm. Mr. Williams seconded the motion.
Motion carried. All in favor
5 ayes, 0 nays, 2 absent, 0 abstentions
Respectfully submitted,
Shaye Davis, Secretary