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

MINUTES OF May 14th, 2018 Regular 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 Patrick Williams
Rick Jones
Alonzo Grace
Laurence DeWitt
Sam Zurofsky
Brian Buchbinder
Also present:
Shaye Davis, Secretary. Zorian Pinsky, Alternate. Mary Lou Christiana, Attorney for the Town.

ANNOUNCEMENTS AND COMMUNICATIONS
Chair Lindstrom asked if the Board would want to change the Workshop Meetings to 6:00PM instead of 7:00PM.

Mr. Grace motioned to change the Workshop Meetings to 6:00PM. Mr. DeWitt seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

ACTION ON MINUTES
Mr. Jones motioned to accept the March 26th, 2018 and April 9th, 2018 Planning Board Minutes. Mr. DeWitt seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

2018-02 LLA New Application
Lot Line Adjustment
Lorraine Nicholson
Proposes the combination of 5 contiguous lots (S/B/L 68.4-4-22.111, 1.5 acres; S/B/L 68.4-4-22.112, 4.45 acres; S/B/L 68.4-4-22.113, 5.0 acres; S/B/L 68.4-4-22.114, 2 acres; S/B/L 68.4-4-22.115 acres) into one ± 19.55 acre lot. To be followed by a rezoning request to the Town Board for the new lot. 77 Mill Hook Road, Accord, NY AR-3 and R-2 zoned
SEQRA: Type II Action (by code)

Lorraine Nicholson was present on behalf of the application.

Ms. Nicholson stated that she purchased multiple parcels of property and would like to delete the lines and make it all one parcel.

The Board looked over the application and proposed site plan. The Board had no comments or questions.

Chair Lindstrom read a decision.

Mr. Jones motioned to accept the lot line improvement. Mr. DeWitt seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

2017-02 SUP/SPA Continuing Application/Public Hearing
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, owner, were present on behalf of the application.

Mrs. Carney presented new plans to the Board.

Mr. Grace asked about the storage of petroleum.

Mrs. Carney stated that they are still working out all of the details.

Chair Lindstrom went over that the archeology study was done and that a noise study had been completed.

There were no further questions or comments from the Board.

Chair Lindstrom opened the meeting for public comments.

Zorian Pinsky stated that he was concerned about the music speakers. He said he was concerned about the event barn with the doors open and the amplified music. He pointed out on the map how during the sound study it showed the decibel’s to be higher than the code required at the end of the property which was closest to his property.

Supervisor Baden stated that the sight distance could be an issue along with the impact of the racetrack on Friday nights. He suggested the application be referred to the Town of Rochester Highway Department for their feedback.

Alicia Gotea a neighbor asked about light impact. She noted that she already has a light shining into her window and was wondering if the lighting would be changed.

Mr. Somer stated that all of the lights will be upgraded to dark sky standards.

Jeremiah Flaherty stated that Friday night’s traffic was already backed up Whitfield Road due to the racetrack. He asked if the traffic study had been done with the racetrack taken into consideration. He added that this type of place was not for their neighborhood.

Chair Lindstrom read into the record letters from the Rondout Valley Business Association and the Ulster County Chamber of Commerce.

Chair Lindstrom motioned to hold the public hearing open until the June 11th Planning Board meeting. Mr. Jones seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

Mr. Jones stated that he had concerns about the sound study, traffic and the existing lighting.

Chair Lindstrom stated that the events would not be outside; therefore music would not be in the open. She added that the lighting was all being replaced with dark sky standards as noted by the owner, Mr. Somer. Lastly, she stated that the traffic study had already been conducted.

The Board discussed their concerns on the traffic. Mrs. Carney agreed to have the traffic study looked at again to focus on the peak hours of the racetrack to see what the actual impact would be.

The Board had no further questions or comments.

2018-04 SUP Continued Application/Public Hearing
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: Unlisted/Uncoordinated Action, Neg. Declaration April 9, 2018

Tanya Kefer was present on behalf of the application.

Chair Lindstrom opened the meeting for public comment.

There were no comments from the public.

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

Chair Lindstrom read a decision.

Findings of the Planning Board with review of the updated application:

1. The Planning Board received a zoning referral for an updated/amended approval of Special Use Permit for a change of use from PB Site Plan Approval 2009-05. The proposed changed use of structures is from a restaurant (commercial kitchen) in the barn and a low impact service establishment (fitness studio) in the enclosed pavilion to a one family dwelling in enclosed pavilion & low impact service establishment (fitness studio) in the barn. The changes are multiple permitted uses by §140-8.
2. The Planning Board further received a Site Plan and Special Use application, EAF, and related documentation from the applicant, cited above.
3. The parcel to be developed is known as SBL 76.2-2-49.
4. The parcel is located in the ‘AP Overlay’ and ‘FD Overlay zoning districts and the uses comply with the standards of such districts.
5. The applicant demonstrated that there will be no physical changes to the parcel or the structures with the change of use and submitted a site plan reflecting updated labeling of structures and site plan map notations.
6. The parcel is located in Ulster County Ag District #3. An Agricultural Data Statement was prepared and presented.
7. The parcel has road frontage on Route 209 an NYDOT maintained highway. NY DOT permits are already in place.
8. The current and proposed special uses are compliant with all articles of § 140-20 General Commercial and Industrial Standards.
9. A public hearing was held on May 14, 2018.
10. SEQRA Review was conducted and typed as an Unlisted/Uncoordinated Action. A Negative Declaration was made by the Planning board on 4/9/2018.

Draft findings were prepared by the Chairman and were read, discussed and amended by the Planning Board.

Adopted May 14, 2018
Ayes: 6 Nays: 0 Absent: 1

Motion to adopt findings by Mr. DeWitt
Second by Mr. Zurofsky

* * * *
RESOLVED,
The Town of Rochester Planning Board grants Special Use–Final Approval for a change of use from decision PB 2009-05 SPA permitting multiple permitted uses of a single family dwelling in the enclosed pavilion and a low impact service establishment (fitness studio) in the barn on +/-2.6 acres on property located at Route 209, Tax Map # 76.2-2-49, and in a ‘B’, ‘FD Overlay’, and ‘AP Overlay’ zoning districts of the Town of Rochester.
The Town of Rochester Planning Board grants Site Plan–Final Approval for a change of use from decision PB 2009-05 SPA permitting multiple permitted uses of a single family dwelling in the enclosed pavilion and a low impact service establishment (fitness studio) in the barn on +/-2.6 acres on property located at Route 209, Tax Map # 76.2-2-49, and in a ‘B’, ‘FD Overlay’, and ‘AP Overlay’ zoning districts of the Town of Rochester.
Site Plan dated May 14, 2018 is approved with the following conditions:
CONDITIONS of APPROVAL for the UPDATED APPLICATION:
1. Decision PB 2009-05 SPA is declared null and void and is duly replaced with this amended/updated SUP/SPA approval 2018-04.
2. All Local, County, State, and Federal Laws or Codes shall be complied with for the current or future use of these lands.
3. 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.
4. 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.
5. Any and all other agencies’ permits or approvals which are currently required or any which may be determined in the future to be required in conjunction with the construction and/or operation of this use shall be secured or renewed as applicable. Should any conditions imposed by other agency permits cause conditions to be in conflict, the more restrictive condition shall prevail. Should any permit approvals necessitate a change to the approved Site Plan, the matter shall be referred to the Planning Board for consideration.

The Town of Rochester Planning Board further grants the authority to the Chairman to certify condition 3 has been completed without further resolution and to sign and date the plat at such time.

EFFECT of APPROVAL:

1. This Special Use and Site Plan approval and associated conditions shall be binding upon the applicant and all successive owners of the land so long as such use(s) shall occur.
2. This approval shall remain effective as an authorization to secure the required permits and establish the use(s) 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.

Draft resolution was prepared by the Chairman and was read, discussed and amended by the Planning Board.

Adopted May 14, 2018, by the following vote:
Ayes: 6 Nays: 0 Absent: 1

Motion made by Mr. Buchbinder
Seconded by Mr. Zurofsky

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 was present on behalf of the application.

Mr. Arrowood went over the updated narrative with the Board. He stated that there would not be more than 1200 people at a time.

The Board brought up the concern of noise and asked about a noise study.

Mr. Arrowood asked if over a year they could do a noise study and come back next year to see how the year went. He noted that the cost of a noise study was out of their reach.

Chair Lindstrom noted that a noise study would most likely have to be done. She also brought up the Agriculture and Markets laws. She stated that the laws were strict to both the applicant and the Board reviewing them for events that can be done anyway. She read sections of the law to the Board and applicant.

Discussion came up between the Attorney for the Town and the Board about the Ag and Markets law if they applicant met those requirements for the year. If they met the requirements they technically did not have to be in front of the Planning Board for a Special Use permit. The decided to have the Attorney for the Town, Christiana reach out to Ag and Markets to discuss the situation and try and get an answer and also speak with the Code Enforcement Officer.

Mr. Zurofsky motioned to set the application for public hearing for the June 11th meeting. Mr. DeWitt seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

The Board discussed and decided to also send a letter to the Town of Rochester Highway Department.

Chair Lindstrom 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

At 9:03PM Mr. DeWitt and Mr. Jones recused themselves from the meeting. Alternate, Zorian Pinsky joined the meeting.
2017-04 SUP Continued Application
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, July 6th, 2017

Emilie Flannigan and Martin Zanghi for Borrego Solar/PV Engineers were present on behalf of the application. Tim Moot from Clark Patterson Lee was also present.

The Board had no discussion.

Chair Lindstrom read a decision.
Findings of the Planning Board
1. The Planning Board received zoning referral for Special Use and Site Plan Approval from the Code Enforcement Officer. Additionally a Planning Board application, EAF, Site Plan, and related documentation were received from the applicant.
2. The application proposes construction on vacant land of a 5,601 kW ((2)1.98 MW AC) large scale solar production facility on vacant land owned by the Town of Rochester. The Planning Board notes that the original July 31st, 2017 site plan was for a 5,256 kW DC solar facility.
3. The parcel to be developed is known as S/B/L 69.3-2-41.100
4. The parcel is located in the R-5 zoning district pursuant to the Town of Rochester zoning code.
5. The parcel is additionally located adjacent to Ulster County Agricultural District #3 and contains USACE Wetlands.
6. The application was determined to be an SEQRA Type I use. A Negative Declaration was determined by the Rochester Town Board as lead agent on 7/06/2017
7. The parcel is comprised of both flat, sloping and steeply sloping topography. Steep sloping areas are present in the south west and southeast quadrants of the parcel. The parcel is fully wooded with mature and immature second growth forest and a small portion cleared along the western line. The parcel has exposed bedrock in portions. It lies adjacent to the T/of Rochester Transfer Station and capped landfill. There is an existing cell tower facility adjacent on T/ Rochester lands.
8. The solar system is created through the NYSERDA Shared Solar Program. The system will be a community solar project.
9. The system will be comprised of a system A (West) containing approximately 17,400 solar panels mounted on a system of racks and steel posts with augured screw attachment. System A is proposed to be constructed on +/- 19.3 acres within the fence limit.
10. The maximum solar panels height will be 8.5 feet above grade, tilted at a 25 degree angle, and will be fixed panel. The initial application stated that the solar panels would be rotating to follow the trajectory of the sun.
11. The solar arrays in the 7/31/2017 site plan was secured by a 7’ in height chain link fence. The site plan changed in the 9/22/2017 plan to be secured by a 6’ chain link fence with 1 foot of topping barbed wire. The site plan was again changed 4/26/2018, and returned to the original 7’ high with no barbed wire.
12. Access: The parcel has no road frontage.
a. Construction access will be through the Town Transfer Station. The existing road access to the existing cell tower will be improved for construction access.
b. Maintenance access will be by a deeded easement through parcels S/B/L 69.3-2-23 & 69.3-2-22 onto Route 209, a NY DOT maintained highway. The access road is quite steep. It will be constructed and improved to 16’ width, which has been approved by the DOT. It will have with turnouts to meet fire and safety code and a gated locked access. Initially, construction and maintenance access was to be through a right of way easement through the Jarvis driveway on S/B/L 69.3-2-17.11. Negotiations for this easement fell through and a new easement was negotiated through the Paddock parcels, S/B/L 69.3-2-23 & 69.3-2-22.
c. Emergency vehicle access is proposed through the Paddock parcels S/B/L 69.3-2-23 & 69.3-2-22 by a deeded easement access.
13. The Town of Rochester will have to obtain a logging permit to clear the heavily wooded lands. The Planning Board noted that all clearing will have to be done between November and March to meet the cut-off for clearing as required by the DEC as not to disturb the roosting/hibernation of the endangered Indiana and Northern-Long Eared Bats. Tree clearing will be extensive and SWPPP erosion and runoff stabilization will have to be closely monitored.
14. The site initial plan submittal of 7/31/2017 subdivided the parcel into two parcels to meet existing state utility scale solar facilities size requirements. Subsequently the state rescinded this law and utility scale solar facilities may be built to a maximal output of 5 MW AC. The applicant has chosen not to implement subdivision plan as it will not be necessary with the updated state law.
15. Additionally, the initial subdivision needed an area variance for lot line setbacks which was granted by the ZBA on 03/15/2018. On 8/15/2017 the applicant submitted an amended zoning permit application detailing the need for an area variance to encroach town setback laws in order to maximize the total Megawatt size of the project. Iteration one had setback variances needed around all the exterior lot lines. A subsequent site plan adjusted the solar panels to need an area variance only on the interior lot line. The area variance will not be used as the applicant will not be subdividing the property due to the change in State law allowing larger solar production facilities.
16. The applicant has chosen to obtain a NYSDEC construction waiver so that construction may disturb more than 5 acres at a time. The planning board will have to see documentation of this waiver before construction may begin and will request one (1) site visits per seven days by an outside third party consultant to monitor the risk of run off during construction.
17. The parcel contains a USACE designated wetlands. The wetlands will not be disturbed by the proposed solar facility.
18. August 2017 meeting, the Planning Board discussed the following with the applicant: retaining and funding an escrow account for the PB to utilize the services of the town engineering consultant, Clark Patterson Lee. The applicant stated that they would need a right of way from an adjacent land owner to Route 209 as the most cost effective and feasible manner to access the high power lines on Route 209. The power lines on Airport Road are single phase and would need upgrading to handle the electricity generated by the solar facility. A glare study was requested by the Planning Board.
19. September 2017 PB meeting: The applicant continued to refine the site plan and address details and questions from the town consultant, Clark Patterson Lee, and the Planning Board, regarding the site plan detailing and necessary receipt of a Decommissioning Plan, phasing of the project, and SWPPP. Ms Lindstrom asked why the panels aren’t going on top of the landfill because it would make more sense than cutting down all the trees. Mr. Farkes (of Borrego Solar) stated that landfills are a lot more expensive on which to build and in New York there was no incentive for Solar companies to go after landfills because it would be more expensive. Mr Grace expressed concern that the property was completely treed and that runoff and the wetlands could be a problem. Board members and the Town Engineering Consultant noted that tree clearing appeared to be excessive, especially on the north side. Concern was expressed as to the ease of mowing and maintenance of grasses on a sloped property.
20. October 12, 2017 PB meeting: Driveway access through the Jarvis property and its viability due to steep grading and need for widening to code, the extent of tree clearing, the possibility of moving a portion of the facility to the landfill were discussed. Chairman Baden asked if a view study could be done due to the close proximity to residences and Route 209.
21. On October 27th the Planning Board submitted a letter to the Town Board requesting response to the following questions/concerns:
a. Concerns of the proximity of the proposal to adjacent residences along Route 209
b. Concerns with the removal of large stands of trees
c. The Board wondered if it would be possible to shift some of the solar panels onto the existing landfill to minimize intrusion and to lessen the need to remove tree cover.
The Planning Board did not receive a response from the Town Board.
22. On November 2nd the Planning Board received notice to table the application and to postpone the public hearings as the land use by the Town of Rochester was put to a Permissive Referendum vote.
23. March 12th, 2018 the Planning Board reopened the application and rescheduled the public hearing, upon approval of the land use by Town Permissive Referendum vote.
24. The planning board further discussed, at duly advertised and posted PB Meetings, the application on the following dates: 3/26/2018, 4/9/2018 and 4/30/2018. Public hearings were held October 12th, 2017, March 26th and April 9th of 2018. Screening, setbacks, fencing and runoff continued to be topical concern to the board and the public. Throughout the meetings, numerous iterations of landscaping plans were presented to the Board. Successive iterations were found to be inadequate in their buffering capacity. Specific area of concern, to the Planning Board, and as voiced by members of the public during public hearings, were the southern periphery that closely abuts the Kambouris parcel (S/B/L 69.3-2-18). Planning Board discussion included the merits of “hurricane fencing with stockade slating” vs “vegetative buffering” as well as the density, composition and pro’s and con’s of vegetative matter for buffering from the panels.
General Board Findings from Meetings Timeline:
25. Concern were expressed during the public hearings as to the adequacy of setbacks to residential parcels and as to the negative visual/viewshed impacts, including views of the solar production facility from Route 209 a designated scenic byway. The Board worked to address the setback and visual viewshed impacts.
26. Concerns were expressed during public hearing by neighbours regarding possible negative effects the solar installation could have on ground water, as the solar arrays will be close to the capped landfill. Town Supervisor Baden noted that the landfill was inspected annually to insure that there is no exfiltration from the capped landfill into the surrounding lands. The Supervisor provided documentation of the Annual Landfill inspection. The Planning Chair, in looking at the TOR Comprehensive Plan, page 12, observed that the parcel lies within the “Town of Rochester Low Bedrock Well Yield Area” (as mapped by the New York Rural Water Association) indicating areas where bedrock well yields are consistently less than 5 gpm. Contraindications as to clearing trees and digging retention ponds, etc. in such an area are to be noted and addressed by the town engineering consultant.
27. Concerns were expressed during public hearing by neighbours as to the potential for increased water runoff from the installation of the solar arrays. Both the neighbouring residences and Board Members who separately visited the site noted that there is exposed bedrock on the site, and that there are substantial sloping lands on the parcel. The neighbouring residences have constructed/enhanced culverts to manage the current runoff from storm waters and spring thaw waters due to the steep sloping nature of the parcel and the exposed bedrock. Construction of the solar production facility will require boring/drilling into the bedrock to attach the panels, to build water retention ponds and trenching to bury electrical conduit could require boring into rock. The Planning Board found the run off concerns to be well founded and that mitigation of run off during the construction phase as well as ongoing storm water maintenance will be of paramount importance.
28. Concerns were expressed during public hearing by neighbours that the use will lower the value of their properties. Absent written evidence demonstrating that the use will cause a lessening of property values, the Board must consider this concern to be speculative generalized community objection, and cannot assume the construction of a large scale solar production facility will have such an effect on neighbouring properties.
29. A Glare Study was provided by the applicant. The Glare Study showed the potential for glare effect (a temporary after image) on residences on the southern border between the hours of 5:30 pm and 6:30 pm from mid-March through September, and likewise for residents on the eastern border between the hours of 5:00 pm and 6:00 pm from March to early October. The applicant stated “to mitigate this glare potential, an additional vegetative buffer to provide screening and reduce glare will be placed along the southern fence line.” The Board discussed the potential glare facing the neighbours and reaffirmed the need for additional setback and landscaping, from the lot line to the solar arrays to mitigate this effect.
30. A lighting plan was presented utilizing motion controlled lighting for the interior electrical mechanicals. The Board determined that motion controlled lighting was not necessary (Board Members expressed concern at the 10/12/2017 meeting that animals could trip the light(s) throughout the night) at a site that will be infrequently accessed. At the April 30th, 2018 Workshop Meeting the Planning Board posited that the site lighting could be controlled by a hard switch either at the gated entrance or at the location of the interior electrical mechanicals. The hard switch would activate the interior motion controlled lighting only when maintenance or emergencies necessitated use of the lighting and the maintenance or emergency personnel would switch off the motion controlled lighting upon departure from the site.
31. Notice was sent to Ulster County Planning Board and comment was received from the Ulster County Planning Board on 11/13/2017 (dated 11/02/2017). Amended comment was received on 04/04/2018 after resubmission of the ‘final’ site plan, of ‘No County Impact’. Clarification was made with the UCPB by the Chair as to if this meant the initial commentary was null and void or if it meant that there were no further impacts additional to the 11/02/2017 UCPB determined impacts. The UCPB affirmed that the later was the case. The Planning Board notes that initial required modifications were as follows
1. Fencing Comment: Based on the materials provided the proposed fencing does not appear to be wildlife friendly fencing. Required Modification: In order to maintain migration corridors for wildlife, the County Planning Board recommends utilizing wildlife friendly fencing around the perimeter of the property.
2. Visibility Comment: The applicant has modified the site plan to reduce the number of panels to be located in within the properties’ 75′ setback areas and it appears existing vegetation in those instances will be maintained. Required Modification: A visibility analysis, with respect to the adjacent residential property owners, should be conducted in order to verify the proposal will indeed have a limited visual impact
3. Tree Clearing Comment: The proposal consists of a substantial amount (appx. 28 acres) of tree and stump clearing. The site currently also includes areas that been identified by Ulster County as “critical habitat cores” (see attached) that are simultaneously areas marked to be cleared for the proposed solar arrays. Advisory Comment: the County Planning Board recommends that, where possible, clear cutting and development in general should be avoided within the habitat core areas. (See attached map) The impacts with respect to threatened and endangered species, etc. can be studied as part of SEQRA
32. The Planning Board meeting noted that the applicant needs to provide a significant body of additional documentation before any permitting or construction could begin:
a. Copy of Deed with new deeded driveway access easement
b. NY DOT drive access permits.
c. A new complete SWPPP that has addressed concerns of the town engineering consultant, CPL.
d. A Storm water maintenance plan
e. A Letter from TOR Code Enforcement officer verifying fire access is to code.
33. Comment was received by the NY State Department of Parks, Recreation and Historic Preservation stating “no adverse impact”.
34. The parcel has an active/current NYSDEC Mined Land Reclamation Permit. The DEC was contacted by the applicant regarding the open permit for the mining operations and reclamation of the mine. The owner (the Town of Rochester) will amend the permit.
35. The applicant stated that it shall hold, in concert with the Town of Rochester, a “jobs fair” for vendors to work on the site with a goal to hire local vendors and personnel.

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 May 14, 2018
Ayes: 5 Nays: 0 Absent: 1

Motion to adopt findings by Mr. Buchbinder
Second by Mr. Zurofsky

Motion:
To accept comments 1 & 2 and to take into consideration Advisory Comment 3. To vote the Ulster County Planning Board (UCPB) comments of “Required Modifications” for Site Plan/Special Use approval as expressed in detail below due to the following reasons:

1. Fencing
Comment:
Based on the materials provided the proposed fencing does not appear to be wildlife friendly fencing.
Required Modification:
In order to maintain migration corridors for wildlife, the County Planning Board recommends utilizing wildlife friendly fencing around the perimeter of the property.
Response:
The Planning Board agrees with the need for wildlife-friendly fencing at this location while it is not required in the Town solar zoning law. The site is contains Ulster County ranked habitat core, and is an area of fragmented forest which could connect other fragmented forest areas. The parcel is presently highly wooded.

2. Visibility
Comment:
The applicant has modified the site plan to reduce the number of panels to be located in within the properties’ 75′ setback areas and it appears existing vegetation in those instances will be maintained..
Required Modification:
A visibility analysis, with respect to the adjacent residential property owners, should be conducted in order to verify the proposal will indeed have a limited visual impact. Setback screening and/or the maintenance of existing vegetation will be necessary.
Response:
The TOR Planning Board concurs that the proposed setbacks and landscaping plan is insufficient in its depth and density of plantings. Additional plantings, a modification of planting to emphasize native species, and the addition of an additional setback have been added as conditions of approval to the site plan/special use permit

3. Tree Clearing
Comment
The proposal consists of a substantial amount (appx. 28 acres) of tree and stump clearing. The site currently also includes areas that been identified by Ulster County as “critical habitat cores” (see attached) that are simultaneously areas marked to be cleared for the proposed solar arrays.
Advisory Comment
The County Planning Board recommends that, where possible, clear cutting and development in general should be avoided within the habitat core areas. (See attached map) The impacts with respect to threatened and endangered species, etc. can be studied as part of the site’s SEQR analysis
Response
The TOR Planning Board concurs that the installation of the solar production facility on this parcel will require extensive clear cutting within an Ulster County identified “critical habitat core”. The Planning Board notes that (a) a part of the habitat core is not to be disturbed as it is USACE protected wetlands, (b) that the Planning Board has added as a condition of approval to the site plan/special use permit a reduction of tree clearing in the habitat core, located in the north eastern quadrant of the parcel, and (c) that the Planning Board has added a condition to the Decommissioning Plan that the delineated Ulster County habitat core area be replanted for reforestation upon decommissioning or abandonment with suitable vegetative matter. The Planning Board has added a condition to the site plan approval that all tree clearing shall be done between November and March to meet the cut-off for clearing as required by the DEC as not to disturb the roosting/hibernation of the endangered Indiana and Northern-Long Eared Bats. Tree clearing will be extensive and SWPPP erosion and runoff stabilization will have to be closely monitored.

Adopted May 14, 2018 by the following vote:
Ayes: 5 Nays: 0 Absent: 1

Motion by Mr. Zurofsky
Second by Mr. Buchbinder
* * * *
RESOLVED,

Pursuant to the standards of Town of Rochester code §140, Zoning, the Town of Rochester Planning Board has reviewed the application presented and grants Site Plan & Special Use – Conditional Approvals to the parcel situated at S/B/L: 69.3-2-41.100 Zoning District: R-5, rural conservation contiguous to Ulster County Agricultural District #3, parcel contains USACE wetlands

The Site Plan revision dated 4/30/2018 is approved with the following conditions.

Conditions of Approval:
1. Any and all fees due to the Town of Rochester involving this application, inclusive of fees owed to the town engineering consultant, Clark Patterson Lee, shall be paid in full prior to the Chairman’s signature on the Site Plan.
2. Deed, recorded, shall be submitted for the record for S/B/L 69.3-2-41.100. Deeds, recorded, shall be submitted amended for shared driveway easement on parcels S/B/L 69.3-2-23 & 69.3-2-22.
3. A letter from the Code Enforcement Officer/Fire Marshal shall be presented stating compliance with T/ Rochester fire and safety codes for the parcel access drive.
4. The applicant shall present a NYS DOT access drive permit.
5. The applicant shall provide documentation from the US Department of Fish and Wildlife regarding endangered species for this parcel.
6. 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.
7. This approval is for a large scale solar production facility as defined under the Town of Rochester zoning code §140-37. Any expansion of use or change of use shall be presented to the Code Enforcement Officer for determination.
8. 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. Most specifically subsection § 140-37–Solar Energy of the Town of Rochester zoning code (I) “Standards for Large-Scale Solar Systems as a Special Use” shall be adhered to on the parcel. The applicant shall adhere to Standards for Large-Scale Solar Systems as a Special Use at all times, Should changes be sought at a future time, the code standards at the time of application shall be applicable.
9. All applicable provisions of New York State Uniform Fire Prevention and Building Code associated with the site use shall be met. The facility shall be inspected and certified for compliance.
10. 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.
11. Sound, including any sound or noise producing elements shall comply with Town of Rochester zoning code §140-20 (F) at all times. Construction operations will be between the hours of 7:00 AM and 7:00 PM with a strong best efforts by the applicant to operate during daylight hours.
12. Signage shall adhere to the Site Plan and T/ of Rochester zoning code §140-21 and §140-37 Solar Energy (I) 3 k). The applicant shall amend the site plan to include a 911/address number entrance signage post on route 209.
13. The applicant shall adhere to all clauses of section §140-37 Solar Energy (I) 3 j) “Registration of Large Scale Solar Energy Production Facilities”. Registration documentation shall be provided prior to the commencement of construction.
14. The applicant shall provide specification sheets for all production materials prior to construction as per Town law §140-37 Solar Energy (D) 5.
15. Documentation assuring legal consent between the owner (The Town of Rochester) and the applicant (PV Engineering aka Borrego Solar Systems) is to be submitted specifying the use(s) of the land, for the duration of the project, including easements and other agreements.
16. Rochester zoning code §140-55 Special Use Criteria (C) states that the Planning Board shall consider if the use shall have a positive or negative effect on job creation or the economy (among other criteria). In the spirit of this criteria, the applicant shall conduct, as stated, a “jobs fair” for vendors in coordination with the Town of Rochester Town Board to promote opportunities for local vendors to participate in the construction, and maintenance of the solar production facility on the parcel.
17. All tree clearing shall be done between November and March to meet the cut-off for clearing as required by the DEC as not to disturb the roosting/hibernation of the endangered Indiana and Northern-Long Eared Bats. Tree clearing will be extensive and SWPPP erosion and runoff stabilization will have to be closely monitored.

Conditions of Approval to be completed prior to the issuance of a Building Permit. Proof of completion for conditions 18 – 26 shall be submitted and presented to the full Planning Board by the applicant for full Board review.

18. The applicant shall receive a NYSDEC 5-Acre Waiver and SPDES General Permit prior to the commencement of tree clearing, grading and/or construction. The SWPPP shall be amended and approved by the Town consulting engineer, Clark Patterson Lee. Specifically, the SWPPP shall improve the mitigation measures for land exposure, water and sediment runoff and erosion control during the construction period.
19. The applicant shall further limit tree clearing in the north eastern quadrant of proposed solar production facility. The applicant shall amend the Site Plan to reflect further limitation of tree clearing in the north eastern quadrant and any commensurate changes in fencing.
20. Setbacks: The parcel is zoned R-5. Standard R-5 lot line setback is 75 feet. Under T/ of Rochester code §140-20 (C) “Commercial Buffers”, the Planning Board has the jurisdiction to require a 50% additional buffer if the concerned use will have a significant impact on the surrounding landscape. Therefore, the applicant shall increase the minimum setback to be applied for a total setback from the property line of 112 feet where contiguous to parcel S/B/L 69.3-2-18.1 N/F George & Francine Kambouris Deed L5185 pg. 136 and parcel S/B/L 69.3-2-19.1 N/F John & Bonnie Johnson Deed L4711 pg. 237. A set back is defined as open unoccupied space extending the full depth or width of a lot.
21. Landscaping: landscaping shall adhere to the Site Plan and T/ of Rochester zoning code §140-15 and §140-37 (I) 3 e) at all times. Furthermore, the applicant’s glare study recommended “to mitigate this glare potential, an additional vegetative buffer to provide screening and reduce glare will be placed along the southern fence line”. Therefore the applicant shall amend the site plan as follows:
a) Within the 112 foot setback 25 feet of undisturbed land is to be left at the entire exterior lot footage.
b) The remaining interior 87 foot of buffer shall contain mixed evergreen and deciduous shrubbery and evergreen trees planted along the southern lot line exterior to the fencing facing the existing residences situated on S/B/L 69.3-2-18.1 and S/B/L 69.3-2-19.1 contiguous to the edge of the proposed retention pond.
c) The landscape plan along the southern lot line shall specify locations, sizes and species of all trees, shrubs and/or other species, and shall indicate existing vegetation to be removed or preserved. The landscaping plan shall effectively buffer and reduce glare from the solar facility as well as possible to soften the impact of the site development as contrasted with the adjoining residential parcels S/B/L 69.3-2-18.1, S/B/L 69.3-2-19.1 as well as the scenic byway of Route 209.
d) The site plan shall be amended to specify the genus of evergreen shrubs or trees to be used. The applicant shall emphasize trees and shrubs from native species, examples of which: Shrub dogwoods, specifically Cornus Alba, C. ammomum, C. sanguinea, and C. sericea; Inkberry, Ilex Glabra; Spicebush, Lindera benzoin; Ninebark, Physocarpus opulifolius. The native plant species shall be of sufficient size and quality to accomplish their intended purpose. Invasive species shall be prohibited.
e) Evergreen trees shall be a minimum of six feet in height when planted. Shrubs shall be a minimum of 24 inches in height when planted. Shrubs that lend to hedging shall be used along the fencing.
f) Any and all hedges shall form a continuous visual screen within two years after planting. The landscape plan shall be composed of vegetative materials that are winter hardy to Zone 4
g) The applicant’s landscape plan calls for grasses to be planted interior to the fencing. Pollinator grass mix shall be planted between the fencing and the peripheral solar panels. Grass mixes as specified on the site plan shall be planted and replanted annually as necessary to maintain appropriate cover, maintain the proposed pollinator environment and inhibit invasive species. Ground cover/grasses shall be low maintenance, drought resistant and non-fertilizer dependant as per §140-37 (I) 3 h).
h) A performance guarantee in a form acceptable to the Town Attorney in the amount of 125% of the cost of landscaping materials and installation shall be required to assure that all landscaping survives in a healthy condition one full year following planting. The Building Inspector shall have the right to enter upon the property to inspect the landscaping and, after notifying the owner of any deficiencies, to require that the guarantee be used to pay for the replacement of any dead, dying, diseased, stunted or infested plant materials. Installed landscaping materials & installation value shall be specified on the final landscaping plan so as to determine the amount of the landscape bonding per 140 – 15 (E).
i) Consideration and determination of the adequacy of the above plan requirements are at the Planning Board’s discretion. The Planning Board, in reviewing the landscape plan, may employ the assistance of design professionals. All applicable requirements of these landscaping regulations imposed by the Planning Board shall be fully met prior to the Building Inspector granting a Building Permit.
22. Lighting: Outdoor lighting shall adhere to the Site Plan and the T/ of Rochester zoning code §140-20 (H) at all times. The 10’ height flood lighting for operations and maintenance shall be operated by hard switch not by motion controlled flood lighting. The hard switch shall be located either at the site entrance gate or at the inverter pad. The hard switch can activate a motion controlled switch for the time of use for maintenance/emergencies, but must be switched off upon exiting the site. Should changes be sought at a future time, the code standards at the time of application shall be applicable.
23. The applicant shall provide a Stormwater Maintenance Plan as per zoning code §140-22. All activities involving the possible contamination of surface or ground water shall be provided with adequate safety devices to prevent such contamination. The Stormwater Maintenance Plan (Agreement) shall be a legally recorded document acting as a deed restriction which provides for the long-term maintenance of stormwater management practices through a preventive/corrective maintenance program for all critical facilities and systems of treatment and control. Additionally, the SWPPP states that over 1 acre of impervious area will be created on the parcel. NYS DEC requires a Post Construction Stormwater Practices Document as a part of SWPPP in such an instance. The applicant shall provide appropriate correspondence from the NYSDEC as to Post Construction Stormwater Practices.
24. The applicant shall provide for third party monitoring during construction phase of the use, consisting of one (1) site visit per seven day period. The third part monitor shall be approved by the Town of Rochester Code Enforcement Officer.
25. Per §140-37 (I) 3 k) the applicant shall provide a Property Operations and Maintenance Plan (O&M Plan). The O&M Plan shall be amended to include
a. “Access road shall be maintained in clear operation at all times. This shall include winter snow ploughing for snow falls once a depth of 6” is achieved”.
b. The landscaping maintenance section of the O&M Plan shall be amended to include “necessary standard landscaping maintenance” additional to mowing May – October.
c. Mowing of the varied and sloping topography of the site by conventional seated mower could be difficult. The O&M plan shall be amended to specify by what means the parcel will be properly mowed.
26. The applicant shall provide a Decommissioning Plan in adherence to §140-37 (I) 3 m).
a) The Decommissioning Plan shall be amended to add the highlighted “or any successor or subsequent owner” as follows: The Decommissioning Plan shall specify that after the Solar Energy System will no longer be used, it shall be removed by the applicant or any successor or subsequent owner and shall include a signed statement from the party responsible for completing the Decommissioning Plan acknowledging such responsibility.
b) The Decommissioning Plan shall be amended to include a decommissioning bond/performance guarantee in a form acceptable to the Town Attorney. The bond shall be for 100% of the expressed estimated decommissioning cost required to assure the funding for removal of the decommissioned or abandoned solar production facility.
c) The Decommissioning Plan specified that all lands must be returned to their former condition at decommissioning. As the parcel is heavily wooded, prior to Site Plan Approval, the decommissioning plan shall be amended to include the cost of reforestation of the parcel in (1) the delineated Ulster County Habitat Core area and (2) within the 112 foot setback along the southern lot line border and within the 75 foot setback along the eastern lot line borders. The Decommissioning Plan shall be amended to include a description of the size, genus and density of vegetative matter to be used in reforestation of the designated parcel areas.
27. Applicant shall present a Final Plat for signature as amended to reflect any and all modifications required in conditions 1 – 26.

Effect of Approval:

3. This Site Plan and Special Use 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.
4. 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.
5. 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 1 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 May 14, 2018 by the following vote:
Ayes: 4 Nays: 1 Absent: 1

Motion made by Mr. Buchbinder
Second by Mr. Grace

At 10:55PM Mr. DeWitt left the meeting.

2017-05 SUP Continued Application
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, July 6th, 2017

Emilie Flannigan and Martin Zanghi for Borrego Solar/PV Engineers were present on behalf of the application. Tim Moot from Clark Patterson Lee was also present.

The Board had no discussion.

Chair Lindstrom read a decision.

Findings of the Planning Board

The Planning Board completed review of the proposal pursuant to Town of Rochester code §140 zoning law and other federal, state, county, and local codes. The Planning Board summarizes in the following the history of the review and issues this statement of findings. The Board determined the proposed use is administered under town zoning code with chapters §140-37 “Solar Law” and §140-20 “General Commercial and Industrial Standards” specifically applying to the proposal. This is in addition to other chapters which apply to all Special Use reviews.

36. The Planning Board received zoning referral for Site Plan Approval/Special Use Permit/Subdivision from the Code Enforcement Officer, an application, EAF, Site Plan, and related documentation from the applicant.
37. The application proposes construction on vacant land of a 5,616 kW DC (two 1.98 MW AC) large scale solar production facility on vacant land/existing sand mine owned by the Town of Rochester.
38. The parcel to be developed is known as S/B/L 76.1-3-17 located at 6140 Route 209 in Kerhonkson, NY.
39. The parcel is located in the Accord Fire District.
40. The parcel is located in the AR-3 zoning district pursuant to the Town of Rochester zoning code. The parcel is additionally located adjacent to Ulster County Agricultural District #3. An Agricultural Data Statement was prepared and presented to the Board.
41. The parcel is within the AP Overlay Zoning District, however the use complies with the standards of such district and no further review is required.
42. The application was determined to be an SEQRA Type I use. A Negative Declaration was determined by the Rochester Town Board as lead agent on 7/06/2017.
43. The parcel is to be subdivided into 3 parcels, two of which (the most southern parcels) will hold the solar arrays. The solar array system will be comprised of 2 contiguous systems: A (North) & B (South) each system comprising approximately 8.000+ solar panels mounted on a system of racks and steel posts with augured screw attachment to pads/ground. The northernmost parcel contains prime farmland. Solar production facilities are not permitted in the T/ Rochester on prime farmland, by code. The northernmost parcel is not to be developed as a large scale solar facility, thus the prime farmland will not be altered.
44. The parcel contains a USACE designated wetlands crossing the two (the noted systems A & B) southernmost subdivided parcels that will be used for the solar production facility. Fencing between the parcels will cross the wetlands at their narrowest point. Fencing poles will be “driven” into the ground as opposed to excavation and instalment with a poured concrete base. The applicant states that a maximum of two (2) poles will be required to cross the wetlands. The USACE performed a wetlands jurisdictional determination in the fall of 2017 and issued a “no permit required” letter on 2/6/2018. The USAEC has stated that it does not consider the “driven” fencing a wetlands disturbance.
45. The parcel is comprised of both flat and sloping topography with mixed grasses, some lightly wooded areas and a sand mine. The area of the parcel currently used as a sand mine by the Town of Rochester is to be replaced with the two large scale solar production facilities. The sand mine is to be reclaimed.
46. The solar system is created through the NYSERDA Shared Solar Program. The system will be a community solar project.
47. The maximum solar panels height will be 8.5 feet above grade, tilted at a 25 degree angle, and will be fixed panel.
48. The solar arrays in the 7/31/2017 site plan were secured by a 7’ in height chain link fence. The fencing changed in the 9/22/2017 site plan to be secured by a 6’ chain link fence with 1 foot of topping barbed wire. The site plan was again changed 4/26/2018, and fencing was returned to the original 7 foot high fence with no barbed wire.
49. The parcel has road frontage onto Route 209, a NY DOT maintained highway. The site will be accessed by the existing access road (presently used to access the TOR sand mine) from Route 209 which will be improved to 20’ width with turnouts to meet fire and safety code and which will have a gated locked access.
50. The Town of Rochester obtained a logging permit for clearing of the site. Logging permits are obtainable outside of the purview of this application. Clearing and chipping was undertaken by a non-local contractor during the last week of March to meet the cut-off for clearing as required by the DEC, so as not to disturb the roosting/hibernation of the endangered Indiana and Northern-Long Eared Bats.
51. The initial site plan submittal of 7/31/2017 subdivided the parcel into three parcels to meet existing state utility scale solar facilities size requirements, placing the solar facilities on two of the subdivided parcels. Subsequently the state rescinded this law and utility scale solar facilities may be built to a larger maximal output of 5 MW AC. The applicant has chosen to remain with the subdivision plan so as to maintain their construction schedule as it provides the applicant with preferable timely interconnection with the utility, Central Hudson Electric and Gas. The applicant states that consolidation of the sites would lead to a 3-4 month delay due to a necessary re-study of the interconnection and a further delay in the construction timeline.
Meeting Review Timeline:
52. On August 28, 2017 the Planning Board held a special meeting, for the applicant to introduce the project. The Planning Board discussed the following with the applicant: retaining and funding an escrow account for the Planning Board to utilize the services of the town engineering consultant, Clark Patterson Lee (CPL); access compliance with zoning code; and the general quality of the site for a large scale solar production facility.
53. At the September 11th and October 12th, 2017 Planning Board meetings, the applicant continued to refine the site plan and address questions from the town consultant CPL and the Planning Board regarding the site plan detailing; grading, erosion control and soil stabilization; phasing of the project; emergency vehicle/fire drive access; lighting, signage and the SWPPP. The applicant stated that they created an Operations and Maintenance Plan as required by TOR zoning law, but it was noted by the board that it did not cover snow plowing, which was subsequently added as a feature. The applicant noted that they would plant a pollinator friendly seed mix along the fencing as the Board had asked. The applicant noted that they had coordinated with the TOR Code Enforcement Officer/Fire Marshall to widen the access and provide for emergency vehicle pull offs.
54. On November 2nd the Planning Board received notice to table the application and to postpone the public hearings as the land use by the Town of Rochester was to be put to a Town Permissive Referendum vote.
55. March 12th, 2018 the Planning Board reopened the application and the public hearing after the Town Permissive Referendum vote was in favour of allowing the large scale solar production facility be built on the Town property (S/B/L 76.1-3-17).
56. The planning board further discussed the application, at duly advertised and posted Planning Board meetings, on the following dates: 3/26/2018, 4/9/2018 and 4/30/2018. Public hearings were held October 12th, 2017, March 26th and April 9th of 2018. Screening, setbacks and fencing were of topical concern to the board and the public. Throughout the meetings, numerous iterations of landscaping plans were presented to the Board. Successive iterations were found to be inadequate in their buffering capacity. Specific area of concern, to the Planning Board, and as voiced by members of the public during public hearings, were the southern periphery that closely abuts existing residences. Members of the Planning Board separately visited the site to observe the site and setbacks. Planning Board discussion included the merits of “hurricane fencing with stockade slating” vs “vegetative buffering” as well as the density and composition of the vegetative matter for buffering from the panels and if grading or berming could be added to enhance the buffering. The applicant responded to the idea of increased grading as follows:
“The final elevations of the site (sand mine) can’t be lowered to reduce visibility from the southern abutters. Doing so, could result in negative impacts to the storm water drainage characteristics of the site resulting in erosion issues, possible changes to the wetland hydrology, as well as lead to substantial earthwork excavation costs that can’t be borne by this project. The solar panels & racking are merely being installed on the existing grades (grass field) to minimize all soil disturbances. The previously mined area with the deep excavations (exposed vertical cut soil faces) will be regraded to restore a smooth, sloping surface that will grow grass & eliminate erosion issues. • The location of the solar arrays can’t be moved further north on-site, to increase the distance from the southern abutters. The northern tree line is established & steep slopes exist to north beyond the tree line, preventing construction in this area. • Consolidation of the solar sites will not be possible due to the currently established construction [timeline]: costly, & time consuming.
General Board Findings from Meetings Timeline:
57. Concern were expressed during the public hearings as to the adequacy of setbacks to residential parcels, as to the negative visual/viewshed impacts, heat impacts and electromagnetic forces/radiation/health impacts on closely neighbouring residences. The Board worked to address the setback and visual viewshed impacts. Scientific documentation as to potential heat and EMF/radiation/health effects was not presented to the Board by the public. Absent credible written scientific documented evidence expressing that the use will cause adverse electromagnetic, radiation, health or heat effects, the Board must consider these concern to be speculative generalized community objections.
58. Concerns were expressed during public hearing by neighbours that the use will lower the value of their properties. Again, absent written concrete evidence demonstrating that the use will cause a lessening of property values, the Board must consider this concern to be speculative generalized community objections, and cannot assume the construction of a large scale solar production facility will have such an effect on neighbouring properties.
59. Public concern was voiced over the closing of the sand mine and the commensurate need of the Town to purchase sand elsewhere as well as the economic benefits/costs to the citizens of the Town of installing a large scale solar production facility. The public was reminded that the decision to mine vs purchase sand was not the Planning Board’s nor were any economic pluses/minuses of either endeavour. These are questions and decisions for the Town Board. The Planning Board simply reviews projects.
60. A Glare Study was provided by the applicant. The Glare Study showed glare effect on residences on the southern border between the hours of 6 am and 7 am for a duration of 40 minutes during the months of May to mid-August. The Board discussed the potential glare facing the neighbours and reaffirmed the need for additional setback, landscaping, berm and/or grading from the lot line to the solar arrays to mitigate this effect.
61. A lighting plan was presented utilizing motion controlled lighting for the interior electrical mechanicals. The Board determined that motion controlled lighting was not necessary (Board Members further expressed concern at the 10/12/2017 meeting that animals could trip the light(s) throughout the night) at a site that will be infrequently accessed. At the April 30th, 2018 Workshop Meeting, the Planning Board posited that the site lighting could be controlled by a hard switch either at the gated entrance or at the location of the interior electrical mechanicals. The hard switch would activate the interior motion controlled lighting only when maintenance or emergencies necessitated use of the lighting and the maintenance or emergency personnel would switch off the motion controlled lighting upon departure from the site.
62. Notice was sent to Ulster County Planning Board and comment was received from the Ulster County Planning Board on 10/04/2017. Amended comment was received on 04/04/2018 after resubmission of the ‘final’ site plan. Required modifications were discussed and are addressed in the following section.
63. Comment was received by the NY DOT of “no impact” regarding traffic.
64. Comment was received by the NY State Department of Parks, Recreation and Historic Preservation stating “no adverse impact”.
65. The DEC was contacted by the applicant regarding the open permit for the mining operations and reclamation of the mine. The operating procedure for the DEC is that the grading plan that the applicant will submit becomes the new reclamation plan and then the site can be redeveloped for solar use. A mining permit closure will be required from the NYSDEC prior to construction.
66. The applicant stated that it shall hold, in concert with the Town of Rochester, a “jobs fair” for vendors to work on the site with a goal to hire local vendors and personnel.

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 May 14, 2018
Ayes: 5 Nays: 0 Absent: 1

Motion to adopt findings by Mr. Buchbinder Second by Mr. Zurofsky
* * * *
Motion:
To override comment 1 and accept comments 2 & 3 and to vote the Ulster County Planning Board (UCPB) comments of “Required Modifications” for Site Plan/Special Use approval as expressed in detail below due to the following reasons:

4. Fencing
Comment:
Based on the materials provided the proposed fencing does not appear to be wildlife friendly fencing.
Required Modification:
In order to maintain migration corridors for wildlife, the County Planning Board recommends utilizing wildlife friendly fencing around the perimeter of the property.
Response:
The Planning Board disagrees with the need for wildlife-friendly fencing at this location. It is not required in the Town solar zoning law. The site is not located in an Ulster County ranked habitat core, nor an area of biological or ecological importance, nor an area of fragmented forest which could connect the aforementioned areas. The parcel is presently operating as a sand mine and thus is highly disturbed lands, not believed to be a critical habitat for migrating wildlife. The Planning Board believes that any small mammals or amphibians remaining after construction of the solar facility and fencing will be able to move from the site.

5. Emergency Response
Comment:
A review of the proposal from the local fire district was not provided as part of the materials submitted.
Required Modification:
The local fire district should have the opportunity to review the proposal to verify that they have adequate access to serve the property in case of emergency.
Response:
A review letter dated April 30, 2018 was received from the Town of Rochester Code Enforcement Officer/Fire Marshall stating that the existing access meets all applicable fire codes. Additionally, the current road is to be improved to a width of 20’ with vehicle pull-offs every 500 feet.

6. Landscaping/Visual Impacts
Comment
Based on our review of the proposed visual analysis and landscaping plan, the UCPB finds the amount and overall depth of landscaping to be insufficient to accomplish its intended purpose.
Required Modification
A more robust landscaping/screening plan will need to be provided. More depth of vegetation in a staggered fashion to help reduce the visibility of the facility from the adjacent residences should be provided. Taller landscaping/trees should be considered in close proximity to the residences, rather than the low-lying landscaping proposed, provided it does not obstruct the panels from gathering sunlight, should be included.
Response:
The TOR Planning Board concurs that the proposed landscaping plan is insufficient in its depth and density of plantings. Additional plantings, a modification of planting to emphasize native species, and the addition of a 2 foot berm have been added as conditions of approval to the site plan/special use permit.

Adopted May 14, 2018 by the following vote:
Ayes: 5 Nays: 0 Absent: 1

Motion by Mr. Zurofsky
Second by Mr. Pinsky
* * * *
RESOLVED,

Pursuant to the standards of Town of Rochester code §140, Zoning, the Town of Rochester Planning Board has reviewed the application presented and grants Site Plan, Special Use-Conditional Approvals to the parcel situated at 6140 Route 209, known as S/B/L: 76.1-3-17 and located in AR-3 and in the ‘AP’ overlay districts contiguous to Ulster County AG District #3. USACE Wetlands and Prime Farmland on parcel,

The Site Plan revision dated 2/26/2018 is approved with the following conditions.

Conditions of Approval:
28. Any and all fees due to the Town of Rochester involving this application, inclusive of fees owed to the town engineering consultant, Clark Patterson Lee, shall be paid in full prior to the Chairman’s signature on the Site Plan.
29. Deed, recorded, must be submitted for the record.
30. Subdivision Plat must be submitted to the Town of Rochester Town Board, and upon agreement with such plan, shall cause a copy to be filed with the Ulster County Clerk.
31. 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.
32. This approval is for a large scale solar production facility as defined under the Town of Rochester zoning code §140-37. Any expansion of use or change of use shall be presented to the Code Enforcement Officer for determination.
33. 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. Most specifically subsection § 140-37 Solar Energy of the Town of Rochester zoning code (I) “Standards for Large-Scale Solar Systems as a Special Use” shall be adhered to on the developed parcel. Standards for Large-Scale Solar Systems as a Special Use remain applicable at all times, Should changes be sought at a future time, the code standards at the time of application shall be applicable.
34. All applicable provisions of New York State Uniform Fire Prevention and Building Code associated with the site use shall be met. The facility shall be inspected and certified for compliance.
35. 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.
36. Sound, including any sound or noise producing elements shall comply with Town of Rochester zoning code §140-20 (F) at all times. Construction operations will be between the hours of 7:00 AM and 7:00 PM with a strong best efforts by the applicant to operate during daylight hours.
37. Signage shall adhere to the Site Plan and T/ of Rochester zoning code §140-21 and §140-37 Solar Energy (I) 3 k). The applicant shall amend the site plan to include a 911/address number entrance signage post on Route 209.
38. The applicant shall adhere to all clauses of Town law section §140-37 Solar Energy (I) 3 j) “Registration of Large Scale Solar Energy Production Facilities”. Registration documentation shall be provided prior to the commencement of construction
39. The applicant shall provide specification sheets for all production materials prior to construction as per Town law §140-37 Solar Energy (D) 5.
40. Documentation assuring legal consent between the owner (The Town of Rochester) and the applicant (PV Engineering aka Borrego Solar Systems) is to be submitted specifying the use(s) of the land, for the duration of the project, including easements and other agreements.
41. A SPDES General Permit shall be obtained by the applicant prior to the commencement of construction.
42. Rochester zoning code §140-55 Special Use Criteria (C) states that the Planning Board shall consider if the use shall have a positive or negative effect on job creation or the economy (among other criteria). In the spirit of this criteria, the applicant shall conduct, as stated, a “jobs fair” for vendors in coordination with the Town of Rochester Town Board to promote opportunities for local vendors to participate in the construction and maintenance of the solar production facility on the parcel.

Conditions of Approval to be completed prior to the issuance of a Building Permit. Proof of completion for conditions 16 – 25 shall be submitted and presented to the full Planning Board by the applicant for full Board review.

43. The Site Plan shall be amended to show the AP Overlay District of the Town of Rochester.
44. Setbacks: The parcel is zoned AR-3. Standard AR-3 setback is 35 feet. Under T/ of Rochester code 140-20 (C) “Commercial Buffers”, the Planning Board has the jurisdiction to require a 50% additional buffer if the concerned use will have a significant impact on the surrounding landscape. Therefore, the applicant shall increase the minimum setback to the solar panels to be applied for a total setback from the property line of 52.5 feet along the southern lot line in proximity to existing residences. A set back is defined as open unoccupied space extending the full depth or width of a lot.
45. Landscaping: landscaping shall adhere to the Site Plan and T/ of Rochester zoning code §140-15 and §140-37 (I) 3 e) at all times.
j) Within the 52.5 foot setback: 25 feet of undisturbed land is to be left at the exterior lot frontage.
k) The remaining interior 27.5 foot of buffer shall contain mixed deciduous and evergreen shrubbery and trees is to be planted densely along the entire southern lot line exterior to the fencing facing the existing residences situated on S/B/L 76.1-3-16 N/F Tory Rex Dunn & Jacalyn Marie Dunn Trustees Deed L 5097 pg. 243.
l) A 2 foot in height and adequate width (to be determined by the applicant as sufficient by landscaping standards to mitigate erosion and assure integrity) berm is to be built and graded within the 27.5 interior feet of buffer. This requirement shall be additional to the vegetative buffer/landscaping to be planted in front of or planted within/on the bermed lands.
m) The landscape plan along the entirety of the southern lot line shall specify locations, sizes and species of all trees shrubs and/or other species, and shall indicate existing vegetation to be removed or preserved. The landscaping plan shall effectively buffer the adjoining residential parcels from the solar facility as well as possible to soften the impact of the site development as contrasted with the existing environment,
n) The site plan/landscape plan uses forsythia, rhododendron, Black Hills Spruce, Bakeri Blue Spruce and dwarf English boxwood as a vegetative buffer. Forsythia, rhododendron, Black Hills Spruce, Bakeri Blue Spruce are acceptable. The site plan shall be amended to specify the genus of rhododendron to be used (preferably catawbiense Rosebay rhododendron or Rhododendron maximum). The site plan shall be amended to replace dwarf English boxwood with alternative native shrubs or trees. The applicant shall chose alternative shrubs from native species, examples of which: Shrub dogwoods, specifically Cornus alba, C. ammomum, C. sanguinea, and C. sericea; Inkberry, Ilex Glabra; Spicebush, Lindera benzoin; Ninebark, Physocarpus opulifolius. The native plant species shall be of sufficient size and quality to accomplish their intended purpose. Invasive species shall be prohibited.
o) Evergreen trees (Black Hills Spruce & Bakeri Blue Spruce)) shall be a minimum of six feet in height when planted. Shrubs (Forsythia, Rhododendron and other(s)) shall be a minimum of 24 inches in height when planted. Shrubs that lend to hedging shall be used along the fencing.
p) Any and all hedges shall form a continuous visual screen within two years after planting. The landscape plan shall be composed of vegetative materials that are winter hardy to Zone 4
q) The applicant’s landscape plan calls for grasses to be planted interior to the fencing. Pollinator grass mix shall be planted between the fencing and the peripheral solar panels. Grass mixes as specified on the site plan shall be planted and replanted annually as necessary to maintain appropriate cover, maintain the proposed pollinator environment and inhibit invasive species. Ground cover/grasses shall be low maintenance, drought resistant and non-fertilizer dependant as per §140-37 (I) 3 h)
r) A performance guarantee in a form acceptable to the Town Attorney in the amount of 125% of the cost of landscaping materials and installation shall be required to assure that all landscaping survives in a healthy condition one full year following planting. The Building Inspector shall have the right to enter upon the property to inspect the landscaping and, after notifying the owner of any deficiencies, to require that the guarantee be used to pay for the replacement of any dead, dying, diseased, stunted or infested plant materials. Installed landscaping materials and installation value shall be specified on the final landscaping plan so as to determine the amount of the landscape bonding per 140 – 15 (E).
s) Consideration and determination of the adequacy of the above plan requirements are at the Planning Board’s discretion. The Planning Board, in reviewing the landscape plan, may employ the assistance of design professionals. All applicable requirements of these landscaping regulations (inclusive of inspection of planted vegetative matter) imposed by the Planning Board shall be fully met prior to the Building Inspector granting a Building Permit.
46. Lighting: Outdoor lighting shall adhere to the Site Plan and the T/ of Rochester zoning code §140-20 (H) at all times. The 10’ height flood lighting for operations and maintenance shall be operated by hard switch not by motion controlled flood lighting. The hard switch shall be located either at the site entrance gate or at the inverter pad. The hard switch can activate a motion controlled switch for the time of use for maintenance/emergencies, but must be switched off upon exiting the site. Should changes be sought at a future time, the code standards at the time of application shall be applicable.
47. The applicant shall for the long-term maintenance of storm water management practices through a preventive/corrective maintenance program for all critical facilities and systems of treatment and control.
48. The applicant shall, in accordance with the final SWPPP, provide for their own erosion and control inspections of the site during construction phase of the use.
49. Per §140-37 (I) 3 k) the applicant shall provide a Property Operations and Maintenance Plan (O&M Plan). The O&M Plan shall be amended to include:
a. “Access road shall be maintained in clear operation at all times. This shall include winter snow plowing for snow falls once a depth of 6”is achieved.
b. The landscaping maintenance section of the O&M Plan shall be amended to include “annual standard landscaping maintenance as needed” additional to mowing May – October.
50. Documentation shall be provided demonstrating NY State DEC sign-off for reclamation of the sand mine after grading and seeding with grasses is completed. No solar arrays shall be permitted to be installed until the NY State DEC has approved the reclamation.
51. The applicant shall provide a Decommissioning Plan in adherence to §140-37 (I) 3 m).
a. The Decommissioning Plan shall be amended to add the highlighted “or any successor or subsequent owner”: The Decommissioning Plan shall specify that after the Solar Energy System will no longer be used, it shall be removed by the applicant or any successor or subsequent owner and shall include a signed statement from the party responsible for completing the Decommissioning Plan acknowledging such responsibility.
b. The Decommissioning Plan shall be amended to include the posting of a decommissioning bond/performance guarantee in a form acceptable to the Town Attorney. The bond shall be for 100% of the expressed estimated decommissioning cost required to assure the funding for removal of the decommissioned or abandoned solar production facility and to return the lands to their former condition upon decommissioning.
52. Applicant shall present a Final Plat for signature as amended to reflect any and all modifications required in conditions 1 – 24.

Effect of Approval:

6. This Site Plan and Special Use 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.
7. 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.
8. 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 1 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 May 14, 2018 by the following vote:
Ayes: 5 Nays: 0 Absent: 1

Motion made by Mr. Grace
Second by Mr. Buchbinder

Planning Board discussion of response to proposed amendment of Local Law #3 to include Economic Enterprise Zone

Chair Lindstrom explained that the Board can make no comment or they Board can come together and voice their opinion on there being some clarity.

Mr. Jones wrote a letter regarding the amendments. Chair Lindstrom read the letter aloud to the Board.

Attorney Christiana stated that it would help unutilized properties. He also stated that it would always have to through the Town Board no matter what.

The Board discussed their concerns.

Chair Lindstrom stated that she would write a letter up from the Planning Board to the Town Board regarding the Amendments of Local Law #3.
Planning Board discussion of proposed amendments to 140 – 37 Solar Law for presentation to Town Board
Chair Lindstrom asked the Board to do homework and come up with comments and concerns regarding the Solar Law and what they think should be changed.

Chairperson Lindstrom motioned to adjourn on Tuesday, May 15th at 12:30PM. Mr. Grace seconded the motion.
All in favor. Motion carried.
6 ayes, 0 nays, 1 absent, 0 abstentions

Respectfully submitted,

Shaye Davis, Secretary

Adopted and accepted, June 11th, 2018