Planning Board Minutes March 26th, 2018

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

MINUTES OF March 26th, 2018 Workshop 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 Laurence DeWitt
Patrick Williams Rick Jones
Alonzo Grace
Brian Buchbinder
Sam Zurofsky

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

ANNOUNCEMENTS AND COMMUNICATIONS
There were no announcements or communications.

TRAININGS
There were no new trainings to discuss.

2017-05 SUP Continued Application
Special Use Permit- Large-Scale-Solar System
Town of Rochester (Owner) and PV Engineers
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 were present on behalf of the application.

Tim Moot, the Town’s Designated Engineer was present as well.

Mr. Zanghi presents the changes to the plans to the Board.

Mr. Pinsky asked about the noise during the construction of the panels.

Mr. Zanghi stated that he will follow the laws set by the Town on noise.

Chairperson Lindstrom asked if the logging trucks would be accessing the property through the dump or off of 209.

Mr. Zanghi stated that driveway has changed to go through the Paddock family’s driveway instead of the Jarvis family.

Mr. Zanghi stated that they had received an area variance from the Zoning Board of Appeals on March 15th for the subdivision lines. He stated that the laws changed to one system per lot over 2 megawatts so the subdivision was no longer needed but they were going to continue with it for other reasons.

Chairperson Lindstrom noted that there was a 25 foot barrier to be kept untouched.

Mr. Williams stated that the elevations of the houses were below the sight lines.

There was discussion about what type of fencing the Board would like to see. They noted that you would still be able to see the solar panels from the homes with just evergreens. The Board stated that they would like to see brown slats in the chain-link fencing next to the homes but that the slats were not needed on the North West and East sides since there were no homes.

Chairperson Lindstrom noted that the Board would like to see pollinator grass inside where the solar panels are. She also stated that she slats will fade during the years so the applicant should plant evergreens in front of the fencing closest to the homes.

Mr. Zanghi stated that the access after the construction would be from Route 209. He noted that he had spoken with the New York State Department of Transportation and was working on getting approval for commercial driveway through the Paddocks property. He noted that tractor trailers will use Airport Road and access the parcel through the dump. He added that the Paddock driveway access would only be for mowing of the grass, fire access and maintenance of the property. He stated that pull offs for the driveway will be discussed with the Code Enforcement Officer.

Mr. Moot asked what kind of trees were on the property.

Mr. Zanghi stated that it was mostly oaks, and ash trees. Not many evergreen trees/bushes.

Mr. Moot stated that they would want to see evergreens planted to help with screening the property.

Chairperson Lindstrom opened the meeting for public comment.
Bill Collins stated that he was a contiguous owner to the parcel. His first concern was with all the trees being cut from the parcel that they contiguous homeowners would have run off from the landfill. He stated that the water running off will affect the quality of water for the homeowners. He asked if there were any studies done about the water quality and run off. Mr. Collins’ second concern was the screening. He stated that the fence will adequately protect the panels but all of the surrounding owners will be able to see the fence and the panels. His last point was what others would think if it was in their backyard. He noted that he did not think the project was adequate.

Mr. Moot explained the SWPP to Mr. Collins and that he spoke with the Department of Environmental Conservation himself and they did not see any issues with the water quality and run off.

George Kambouris stated that he would like to see more trees on the corner closest to Route 209 because you will be able to see the panels from Route 209 with no problem. He also showed concern about the run off of water with all of the trees coming down since his property was downhill from the panels.

Alex Kambouris stated that the Department of Environmental Conservation was at the landfill because the soil was not of good quality. He noted the water runoff will cause a problem for the contiguous parcels that are downhill from the project. He also stated that you will be able to see the fence from Route 209 and that it would be horrible looking.

Carol Fischer asked about the stumps on the property.

Mr. Zanghi stated that the stumps would be removed inside the fencing but the outside of the fence stumps would remain at 16 inches of height.

Jim Allred was concerned about how the project would affect the rural-ness of the Town. He stated that the project would take away from what the Town was. He was also concerned about the value of the contiguous properties after the solar project was installed.

Mr. Buchbinder motioned to keep the public hearing open until the April 9th 2018 Planning Board meeting. Mr. Williams seconded the motion.
All in favor. Motioned carried.
6 ayes, 0 nays, 0 absent, 0 abstentions

There was no further discussion.

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 were present on behalf of the application.

Tim Moot, the Town’s Designated Engineer was present as well.

Mr. Zanghi presents the changes to the plans to the Board.

The Board asked what would happen to the Mine on the property.

Mr. Zanghi stated that they would fill in the mine.

Chairperson Lindstrom opened the meeting for public comment.

Michael Malarycz stated that the panels were only 88 feet from his home and that it would be very close. He noted that the slatted fence and barbed wire would completely change the view of that was currently there.

Marlene Dunn showed concern for their tenants. She stated that she already has two tenants leaving because of the solar project.

Carol Kelly stated that stationary fixed tilt panels were made in China. She asked if silicone was involved in the making of the panels.

A member of the public asked about the distance between the panels, and snow removal.

Mr. Zanghi stated that there were 14 feet between the panels and that the snow will melt off the panels. He stated that there were no permeant employees.

There was discussion about the removal of panels and the decommissioning plan along with talk about the size of the road to access the parcel.

Bill Collins stated the solar project was a very bad mistake and would not help make Ulster County greener.

Alex Kambouris asked about lighting on the parcels.

Mr. Zanghi stated that there would be lighting at the equipment pad only.

David Bendell stated that the project was a game changer. He noted that the property values would go down and the cutting of the trees were not necessary.

Mr. Zurofsky motioned to hold the public hearing open until the April 9th, 2018 Planning Board meeting. Mr. Williams seconded the motion.
All in favor. Motioned carried.
6 ayes, 0 nays, 0 absent, 0 abstentions

Chairperson Lindstrom discussed with the Board the options on landscaping with trees and shrubs. She also asked if the panels could be moved some to help the surrounding homeowners.

Mr. Pinsky stated that landscaping should be in every backyard so they do not see the fence.

Mr. Moot asked what the visual angles were and how many were like the ones pictured.

Mr. Zanghi stated that they have regulations they follow.

Chairperson Lindstrom stated that the applicant would have the make the view shed presentable for the surrounding homeowners. She also brought up the water quality for the surrounding neighbors.

Mr. Zanghi stated that everything was finished with Route 209 project and what the direction was for the project.

Chairperson Lindstrom stated that the landscaping by the houses were far away from being finalized. She stated that there will need to be more trees and shrubs and no slats.

Supervisor Baden stated that there had being studies and reports done on the water quality from the Landfill. He explained some of the study and stated he would send a copy of the study to the Board.

Chairperson Lindstrom motioned to adjourn the meeting at 9:22pm. Mr. Williams seconded the motion.
All in favor. Motioned carried.
6 ayes, 0 nays, 2 absent, 0 abstentions

Respectfully submitted,

Shaye Davis, Secretary

Adopted and accepted, May 14th, 2018