PLANNING BOARD
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
MINUTES OF October 12th, 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
Maren Lindstrom, Vice Chair
Laurence DeWitt
Alonzo Grace
Rebecca Collins
Rick Jones
Patrick Williams
Also present:
Kathleen Gundberg, Town Clerk, was present on Secretary Shaye Davis’ behalf. Mary Lou Christiana, Attorney for the Town, Sam Zurofsky, Alternate.
ANNOUNCEMENTS AND COMMUNICATIONS
Chairman Baden pointed out to the members that there was a W-9 form in their folders for them to fill out.
TRAININGS
Chairman Baden stated that there were three trainings coming up in Dutchess County in Millbrook. October 18th and October 26th there were 2 hour trainings to be held. The trainings were $5 and they offer food.
The other training was a four hour contractors training for erosion and sediment control that was put on by the Ulster County Soil and Water Conservation. He stated that when you finish that training you would be certified in Sediment control. The course is $50 and was being held on November 1st at SUNY Ulster.
ACTION ON MINUTES
Mr. Grace motioned to approve the August 28th minutes with the amendment of adding Rebecca Collins as attending. Ms. Collins seconded the motion.
Motion carried. All in favor
7 ayes, 0 nays, 0 absent, 0 abstentions
The September 11th minutes were tabled.
Mr. Jones motioned to approve the September 25th minutes. Mr. Williams seconded the motion.
Motion carried. All in favor
7 ayes, 0 nays, 0 absent, 0 abstentions
2017-09 LLI
Lot Improvement
David Lawrence and David Lawrence/Jeffrey Shapiro and Jeffrey Shapiro/Hinako Inoue Shapiro
Proposes a lot improvement involving 3 contiguous parcels resulting in 2 parcels
14 Lawrence Rd, and Hemlock Lane and 62 Raycliff Dr. SBL 77.1-3-39 and 77.3-3-30.100 and 77.3-3-41, AR-3, R-2, AP Overlay, and FD Overlay zoning districts
SEQRA: Type II Action by code
David Lawrence was present on behalf of the application.
Mr. Lawrence stated that the property was subdivided back in the early 80’s but the lot was never approved for building. He noted that he and Mr. Shapiro purchased the lot together and would like to divide it in half and add to their respective parcels,
Chairman Baden stated that the applicants were taking 3 lots and splitting them into 2 lots. Both of the lots had road access and that the lots met the standards for the AR-2 district.
Ms. Collins motioned to accept the lot line improvement. Mr. DeWitt seconded the motion.
Motion carried. All in favor
7 ayes, 0 nays, 0 absent, 0 abstentions
2017-10 LLI
Lot Improvement
Gerald Fornino and Albert Stephenson
Proposes a lot improvement involving 4 contiguous parcels resulting in 3 parcels
Frankel Rd, SBL 60.4-1-15, 60.4-1-16, 60.4-1-17, and 60.4-1-18, R-5 zoning district
SEQRA: Type II Action by code
Bill Eggers was present on behalf of the application.
Mr. Eggers stated that the property was located at the end of Frankel Road, Southwest of the Town of Marbletown. He stated that both Mr. Fornino and Mr. Stephenson own 2 parcels and that Mr. Stephenson wanted to access so a ½ acre will give Mr. Stephenson access to exit to Frankel Road. He noted that Mr. Fornino would be given a buffer parcel.
Ms. Linstrom motioned to accept the lot line improvement. Mr. Grace seconded the motion.
Motion carried. All in favor
7 ayes, 0 nays, 0 absent, 0 abstentions
At 7:16PM Mr. DeWitt and Mr. Jones recused themselves. Alternate Zurofsky joined the Board.
2017-05 SUP
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 was present on behalf of the application. Tim Moot from Clark Patterson Lee, the Town engineering firm was present as well.
Mr. Zanghi stated that since last month they had made some updates with the exterior lighting on site. He added that if any emergency personnel from dusk to dawn show up there is a motion activated light that will turn on automatically. He stated that he submitted a sheet of all the wording and types of signage they would have and where it would be located on the site to the Planning Board. He noted that they were asked to put together a property maintenance plan for the zoning solar law. He went on to give some of the highlights of the maintenance plan; he identified that course of 12 months on site with the difference of seasons including periodic mowing.
Ms. Lindstrom noted that the plan for the course of 12 months did not include November through March. She questioned about having to plow snow during those months in case of an emergency.
Mr. Zanghi noted that he believed that the Town would take care of that since it was their land.
Ms. Lindstrom questioned that the Town would be responsible for the plowing.
Chairman Baden stated that they will need to see who would be responsible for the plowing.
Mr. Zanghi stated that the decommissioning plan was outlined and detailed how it would all be handled. He stated that they provided a Glare Report and that there was two observation points for the Glare Report. He stated that the result had no significant glare. He added that they did the glare study during different times of the day for when they thought the glare would be at its highest levels. He stated that on their end they continued progressing along with the design of the project and working with the Town Designated Engineer’s comments. He added that at the next Planning Board meeting he will have all the comments from the Town Designated Engineer.
Chairman Baden explained that there is no cost to the Town or the taxpayers for the use of the Town Designated Engineer. He stated that the applicant funds the Town Designated Engineer. The Town plays as the middle man.
Mr. Moot stated that their comments were pretty straight forward. He stated that they could set up a conference call with the review team and that applicant to go over everything. He stated that in general, Clark Patterson Lee felt that the size of the disturbance that the projects will have that the erosion control would be critical. He stated that the Department of Environmental Conservation had their bluebook standard details and he stated that some of these projects will require multiple uses of the methods. He stated that the concern and what they are trying to visualize was the actual progression of construction where that applicant would clear the site and start to build. He stated that once a site would be cleared it would make it subject to erosion and the contractor to reestablish some sort of vegetative cover as soon as possible otherwise it would be an ongoing issue with erosion. He stated that plants and other vegetation don’t grow well in the shade.
Mr. Zanghi stated that the property was generally flat. He added that the good thing about the solar panels itself was that they are able to follow the rolling topography in most cases with putting the racks and panels on. He stated that they will have to use a bulldozer and grade some of the land for the panels while everything would be assembled. He stated that after they will plant the grass seed mix. He stated that they haven’t had any issues. He added that they decided to do the pollinator seed mix on the outside of the fence to benefit the bees and butterflies as the Board asked.
Mr. Moot asked about the status of the mine permit.
Attorney for the Town Christiana stated that the Town was working with Medenbach and Eggers to close the mining permit from the Department of Environmental Conservation.
Mr. Zanghi stated that the current permit that was open had a reclamation plan for closure of the mine itself. He noted that their final grading plan would become the new reclamation plan and would be redeveloped for solar use. He stated that next week they would be touching base with the Department of Environmental Conservation.
Ms. Lindstrom stated that one of the comments that Mr. Zanghi made noted that the fence would go through the wetlands and how do you take care of a fence that goes through wetlands. She also stated that as a Board could they shorten the size of the panels and place the fence to the road. She stated that instead of doing 14 layers of things and changing things.
Chairman Baden stated that yes, the Board can.
Mr. Zanghi stated that the fence was not the disturbance. It’s minimal and does not need any permits from the Department of Environmental Conservation.
Ms. Collins stated that just because it’s accepted it doesn’t mean they have to do it.
Mr. Zanghi stated that it would be up to the applicant to receive any of the permits from the Army Corps or the Department of Environmental Conservation. He stated that since the impact would be so minimal that it doesn’t slow the applicant’s process down to get everything closed out for SEQRA.
Ms. Lindstrom stated that the Board can still say that they do not like the set up.
Chairman Baden clarified that the Board can have discussion about the site plan and express their concern but that Mr. Zanghi wouldn’t have to do any further permitting in order to do anything.
Mr. Zanghi stated that the wetland was created due to the mining not happening. He stated that the land was never meant to be a wetland. The excavated land and the vegetation overgrowing made the wetlands.
Ms. Lindstrom stated that the applicant would have the ability in models to cut out barriers.
Mr. Zanghi stated that the temporary problems with erosion control are not problematic to them.
Mr. Moot stated that they would need a resubmission from September 22nd 2017.
Mr. Zanghi stated that they are proposing to respond by October 30th.
Chairman Baden read the modifications from the Ulster County Planning Board. The first required modifications were that the fencing did not appear to be wildlife friendly fencing. The comment read that “in order to maintain migration corridors for wildlife the Ulster County Planning Board recommends using wildlife friendly fencing around the perimeter of the property”. The second comment was on emergency response. The UCPB requirement was that the local fire district should have the opportunity to review the proposal and verify that they would have adequate access in case of an emergency. He added that the applicant had been working with Albert Davis the Code Enforcement Officer/Fire Marshall and he would be responsible to make sure access on properties to places meet fire code. He stated that they usually do refer the applications to the fire district and that they were waiting on a more finalized site plan before referring it to them and did plan on doing so when they get to that point.
Mr. Zanghi stated that the coordination was completed with the Fire Marshall. He stated that in the last month they had had two phone meetings about laying out the access road and fencing from Route 209 to the back of the site. He stated that it was Mr. Davis recommended that since the existing road itself was not 20 foot wide in some locations that the applicant would provide a pull off areas so that in the event that two fire trucks were coming at each other there would be enough room for one of them to move over and allow the other to go by. He noted that it was acceptable with the Fire Marshall and that he would be writing a letter for the Board.
Chairman Baden stated that with the wildlife fencing, the Town of Rochester Code does not require having that kind of fencing. He stated that the Planning Board could certainly address the fencing and make it happen if wanted.
Ms. Collins concern was that if there was wildlife friendly fencing and there’s motion sensor lighting that light would be going off all the time with the animals.
Chairman Baden agreed.
Mr. Zanghi stated that the typical fence they have could be installed flush or they could allow a 6 inch gap that would allow a rabbit could get let in and get out. He stated that the lights would not be facing the neighbors so they most likely wouldn’t be seeing the light anyway.
Ms. Collins stated that they don’t want more lighting.
Ms. Lindstrom stated that the Board is missing proof from the utility company stating that they are able to hook into the wires.
Chairman Baden asked what the provision for screening was for the houses.
Mr. Zanghi stated that they were proposing two rows of trees. Alternating between hardwoods and evergreens while having them off centered so there would be no distance more than 5 feet between trees. He stated that they will develop a landscape plan. The minimal height of the trees will be 6 feet tall.
Chairman Baden asked if the applicant would consider solid fencing on that one side instead of chainlink fencing.
Mr. Zanghi said sure.
Chairman Baden asked what the Boards opinions were on that chain link fencing and trees.
Mr. Williams stated the trees and slats.
Ms. Lindstrom stated that natural would be best.
Chairman Baden agreed. He asked if a front view visual image could be presented to the Board.
The Board agreed landscape was important and that they would like visual images of the trees, the fence, and solar panels from both options.
Chairman Baden stated that they can reach out to the neighbors and see what they think.
Mr. Grace stated that he liked the thought of reaching out to the neighbors.
Chairman Baden opened the meeting for public hearing.
William Chamberlain asked if the Town had entered in a contract.
Attorney for the Town Christiana stated that yes; the Town had entered into contract but that they needed Planning Board Approval.
Mr. Chamberlain stated that he did not think it was protocol for the Town to be in contract already before they had met with the public and the Planning Board.
Attorney for the Town Christiana stated that what was before the Planning Board was not the contract.
Chairman Baden stated that the Planning Board was reviewing the physical conditions. The health, safety and welfare of the application.
Mr. Chamberlain asked what the radiation factor was.
Mr. Zanghi stated that the amount was not significant but that hard data was not available at the moment but that he would get a written response into the Board.
Mr. Chamberlain stated that it was his understanding that the mine was going to be closed as a result of the solar farm being put in.
Chairman Baden stated that what he had been told by the Town Board was that they are working to close the mining permit so yes, that would be correct.
Mr. Chamberlain asked since the mine would be closed where the Town would get their sand from there.
Chairman Baden stated that that would be a Town Board question not a Planning Board question.
David Lawrence stated that his question would be pertaining to the Town Board about closing the mine would require the Town to purchase sand somewhere else. His other concern was the wildlife fencing.
Chairman Baden stated that the Town Board makes the decision of how the property would be used. The Planning Board just reviews the project.
Bea Haugen-DePuy asked that if the applicant does plant trees, what happens if they die. Will the applicant recondition them and replant them. She also asked how the grass will grow if we have a drought to stop the erosion.
Chairman Baden stated the Town of Rochester Code requires the applicant to maintain any landscape plan that the Planning Board approves.
Mr. Zanghi stated that they have a warranty with the contractors for the grass seed and trees.
Michael Malarczyk asked who benefits from the solar farm. He stated that his property bordered the solar farm and that he understands he would be getting a fence and radiation and that he has three kids and was very concerned about this and how the exposure overtime would affect them.
Mr. Zanghi stated that in regard to the radiation, there wouldn’t be a solar industry if there were people dying from the radiation.
Mr. Malarczyk stated that he understands a few panels on you roof but this is a whole field of solar panels.
Mr. Zanghi stated that there was a solar law in effect and the applicant was in compliance with the law. He stated that all the homes are over 100 feet from the solar panels.
Vincent Nigro asked who benefits from the solar farm.
Mr. Zanghi stated that the community solar electricity goes back to the grid and the residents can sign up for the program and receive 10% of electric. Distribution of the electricity would not be discounted only the electricity. There also would be no cost to join.
A woman stated that there were birth defects and infertility from high voltage and general health concerns.
Chairman Baden stated that the applicant would address those concerns with the radiation response.
Mr. Barringer asked about the glare from the Route 209 from 6-7AM.
Mr. Zanghi stated that no, solar works by absorbing energy not reflecting light/energy.
A woman stated that regarding the wild life fence, the motion detector should be taken out because deer will set it off all the time. She also asked if trees would be planted on the west side of the solar panels as well.
Mr. Zanghi stated that no, the issue would not be the same. The trees would be on the sides of the nearest homes. The motion sensor would be for safety personnel. He stated that the lights would only be at the pad and that the light would be pointed down away from the residences. There would be lights in two locations, downward and shielded.
Michael Malak asked if the meeting was the first public hearing.
Chairman Baden stated that yes; it was the first public hearing in front of the Planning Board.
Mr. Malak stated that to him it seems like it’s already a done deal. He stated that he would like to know the cost effectiveness form the solar panels versus going to buy sand.
Chairman Baden stated that that would be a question for the Town Board and that the Planning Board does not have authority to look at financial questions.
Mr. Malak stated that the Town Board should be working with the Planning Board on this. He also stated that the choice of using the land for solar should be put on a ballot and voted on.
Mr. Zanghi stated that the Town Board decided to enter into the program in 2016 when the RFP was sent out.
Mr. Malak asked why the Town Board didn’t have public meetings when they were reviewing the application.
Chairman Baden restated that those questions were for the Town Board.
Len Bernardo asked that when the Town started the solar project, was there ever a public meeting to the Town Board meeting.
Attorney for the Town Christiana stated that the solar project was not a decision that requires a public hearing. She added that the project was looked into for at least a year, perhaps more and that it was discussed at public meetings and that there were public comments sessions at every Town Board meeting and that people could have certainly come and spoken during those meetings. She stated however these are two separate items. The Planning Board is only reviewing to see if they fit their site plan properly and meet the Town’s zoning laws.
Chairman Baden stated that financial aspects are Town Board dealings, not the Planning Board. He stated that the Planning Board was not closing the public hearing at the current meeting but that it will remain open.
Karl Baker stated that the Town people don’t know about the solar project at all. He also added that somewhere between 15-20 years ago the people of the Town stood up and spoke that they wanted that sand mine to give the Town sand for the roads and they purchased the land for that reason. He stated that the Town Board wasn’t putting it out for people to know about. He stated that there was an estimated 70 years of sand in the mine that the tax payers paid for. He stated that his feelings were that if you take 5 acres of the land and put solar panels on it and use the rest to mine and it’s a win for everyone.
Ms. Lindstrom asked to explain how he came up with 5 acres.
Mr. Baker stated that he was just picking numbers. He stated that retaining a mining permit is ridiculously hard to do so why would the Town get rid of that.
Ms. Lindstrom stated that they mine part of the property and want to keep doing it how does it work.
Mr. Baker stated that there were other properties in the Town that the Town could put solar panels on and save the mine.
Richard Demorest stated that Camp RavTov’s solar farm and what a disaster that place was.
Chairman Baden stated that Camp Rav Tov was not a community solar farm. It was considered a net metering solar facility and only serves Camp Rav Tov people. He stated it works by the electric going back into the grid but it was not open for the residents of the community to buy into it. The owners of Camp Rav Tov get credits for all their other properties throughout all of New York State against that electricity that goes back. It does not qualify as a large scale solar facility; it was a private solar facility. He suggested Mr. Demorest bring the “mess” up to the Code Enforcement Officer.
Wayne Kelder stated that he challenges the Board for proper use of the facilities. He stated that he thought the Town should reconsider the solar farm. He stated that the solar farm project had escalated from something that was going to be a solar panel on the land that the Town already mined and also possibly minethe other 25 acres on the parcel and not affect any of the mining property. He said that now the project had grown to the whole sand mine. He added that retaining a mining permit was hard to get and expensive. He stated that he did not think it was a smart idea. He stated that whatever value the Town Board got for the value of sand but if you figure what the Town would be losing and what they would be gaining it would almost be a wipe out. He stated that the Town was very fortunate compared to other Towns that they have sand they can mine themselves. He stated that the Town can’t sell the sand but we can trade sand for other services with the other Town’s highway. He stated that he believed the solar was a good idea but that it should be done on a different property.
Ms. Haugen-DePuy stated that she was a Town Board member but that she also works for Ellenville sand and gravel. He stated that the mining permit from the Department of Environmental Conservation sets the parameters for what you can mine and how much sand you can take out of there. She stated that you might get $15 a yard. She agreed that the mining process was expensive and hard to get into.
Mr. Bernardo asked if the Board could figure out what 10% of the electric bill would be as in savings.
Mr. Zanghi stated that they will calculate the numbers.
Mr. Malak stated that the project will only help 500 homes in the Town what happens to the remaining 2000 homes.
Mr. Baker asked how much the Town was making from the solar project.
Mr. Zanghi stated that the financial aspects are not discussed.
Attorney for the Town Christiana stated that the lease information was a public document.
Mr. Zanghi then stated that the project gets $10,000 per megawatt CC so there’s 5 megawatts for the project so there’s $50,000 per year to the Town.
A woman asked how far away was the first solar panel from the eastern side of the solar farm.
Mr. Zanghi stated that they will get the information for the all distances between homes and the solar project.
Mr. Barringer asked if the whole Town would benefit but now only 500 people will benefit.
Chairman Baden stated that only 500 homes will receive electricity from the project but the $50,000 that the Town would be receiving will be $50,000 less that the tax payers have to pay in taxes.
Ms. Haugen-DePuy asked if the company could allow the mining permit to stay in affect and still do the solar farm.
Chairman Baden stated that the question would be for the Department of Environmental Conservation. They have full control over mining permits.
Mr. Zanghi stated that the Department of Environmental Conservation issued a letter stating that the mining permit would have to be closed.
Chairman Baden thanked everyone for speaking tonight and for their respectful behavior,
Ms. Lindstrom motioned to hold the public hearing open. Ms. Collins seconded the motion.
Motion carried. All in favor
7 ayes, 0 nays, 0 absent, 0 abstentions
Chairman Baden stated for the record that Mr. DeWitt and Mr. Jones remain recused and the alternate, Mr. Zurofsky remains seated on the Board.
2017-04 SUP
Special Use Permit – Large-Scale Solar System
Town of Rochester (owner) and PV Engineers, PC (applicant)
Proposes a change of use and new construction on a ±30-acre parcel
Off Airport Rd., SBL 69.3-2-41.1, R-5 zoning district, Adjacent to Ulster County Ag District #3
SEQRA: Type I Action, Neg. Declaration, 7/6/2017
Martin Zanghi was present on behalf of the application. Tim Moot from Clark Patterson Lee, the Town engineering firm was present as well.
Mr. Zanghi stated that like the Route 209 solar project the glare study, decommissioning and all of that was the same for this property. He stated that they had their first appearance in front of the Zoning Board of Appeals last month for the encroachments for the setbacks. He stated that they are scheduled for a public hearing with the Zoning Board of Appeals at next month’s meeting.
Ms. Lindstrom asked if they heard anything about the change in NYS regulations that might affect the subdivision and how that was going about.
Mr. Zanghi stated that the law probably won’t change to 5 from 2 until early 2018. He stated that they also worked with Mr. Davis, the Code Enforcement Officer on the driveway situation. He stated that they will be adding 3ft to the 20ft existing driveway. He stated that the agreement with the Jarvis family for the driveway being used as the access way will be signed within the next few days. He added that they had the driveway profiled and that there will be no wetlands being disturbed.
Chairman Baden stated that he spoke with Mr. Davis and that he expressed concerns about sections not meeting the 20ft wide requirements. He stated that the slope was also steep and possibly smoothing it out.
Mr. Moot stated that he was thinking the same as Chairman Baden and Mr. Davis.
Chairman Baden stated that the project was close in proximity to the residence on the south side. He stated that they would like to see as much screening as possible for those properties. He asked if they could do a possible view study as with the Route 209 property.
Mr. Zanghi stated that there was a lot of mature vegetation and were about 60 feet tall. He stated that he needed to get a better feel of what the existing conditions were before they continued.
Ms. Lindstrom stated that there were areas of trees that don’t actually need to be clear and if you left them there would be more cover.
Mr. Zanghi stated that they do shading analysis and there would be certain trees that had to be cleared.
Ms. Lindstrom stated asked if they could leave a little more tree coverage.
Mr. Zanghi stated that they will look at the analysis more.
Ms. Lindstrom asked why the solar can’t be on top of the landfill to save trees and where there was no shading.
Mr. Grace stated that he agreed with Ms. Lindstrom and that he would like an answer to that as well.
Attorney for the Town Christiana stated that they might not be able to put the panels where the landfill was capped.
Chairman Baden stated that he would send a memo to the Town Board requesting the question to why the solar panels cannot be put on the landfill.
Ms. Lindstrom stated that moving it to the landfill would eliminate a lot of the proximity to the other property and having to do more barriers. She also stated that she was concerned about the property in between the edge of the easement.
Chairman Baden stated that the easement will go over the property line and that the owners of the properties have access to the road and has a say.
Mr. Moot stated that the landfill was most likely capped and that the solar panels would not work.
Mr. Zanghi stated that they were going to do a walk-through of the property.
Chairman Baden asked if some of the Planning Board members could come and walk to property as well.
Mr. Zanghi stated that it was a meeting for certain people.
Chairman Baden stated that they will go at a different time.
Ms. Collins stated that where the neighboring property’s lawn stops the land goes straight up and was very steep.
Mr. Zanghi stated that the panels are 8.5ft tall.
Chairman Baden asked Mr. Zanghi if they could provide any visual aspects that they can submit to the Board would be greatly appreciated.
Attorney for the Town Christiana asked if they could put a person in the picture to show the comparison.
Mr. Zurofsky asked what the radiation to voltage comparison was.
Mr. Zanghi stated that they will get the report to the Board.
Chairman Baden stated that in the Town zoning law the boiler plate would be in all cases 100 feet away is the worst case scenario zone.
Mr. Zanghi stated that they have more than 100 feet everywhere on the property. He also stated that most likely won’t have everything ready by 10/30 for the next meeting. He asked if there was anything else the Board wanted.
Chairman Baden stated that until the public hearing happens he can’t give a definitive answer.
Mr. Zanghi asked why not close the public hearing for the Route 209 project.
Chairman Baden stated that he would like to wait for the applicant to answer the questions that the consultant has. He stated that if they close the public hearing the Planning Board would be required to give an answer by 62 days. He said that his fear was that with all the visuals and answering all the questions that there was still a lot of information and to close the public hearing wouldn’t be fair.
Mr. Grace asked Mr. Zanghi how many times he has done public presentations.
Mr. Zanghi stated that he has done it about 100 times.
Mr. Grace stated that they have only done this process twice. He asked for the applicant to show them what they should know.
Chairman Baden stated that this was all a learning curve for all of them. He stated that this was the 1st application under the towns solar law.
Mr. Zanghi stated that he thought they were ready for public hearing next month.
Chairman Baden asked what the Board thought.
The Board agreed that they were ready.
Mr. Zanghi stated that they have a public hearing with the Zoning Board of Appeals at the next meeting.
Mr. Grace motioned to set the public hearing for November 13th 2017. Mr. Williams seconded the motion.
Motion carried. All in favor
7 ayes, 0 nays, 0 absent, 0 abstentions
Ms. Lindstrom motioned to refer the application to the Ulster County Planning Board. Ms. Collins seconded the motion.
Motion carried. All in favor
7 ayes, 0 nays, 0 absent, 0 abstentions
Mr. Zurofsky left the Board and returned to the alternate position. Mr. DeWitt and Mr. Jones joined the Board at 9:30PM.
2017-06 SUP
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: TBD (tentative Type I Action)
Anne Whaling was present on behalf of the application.
She stated that their exhibit H had the information on the EBF. She said that .2 mil of radiation at boundary of property. She added that a cell phone emits between .3-1.59 radiations which is the most allowable by law.
Chairman Baden stated the applicant provided copies of all the information tonight. The board secretary will log in all the information that was received and distribute the information.
He also stated that Ms. Lindstrom, Mr. Jones, and Mr. Baden visited the site. They said they saw shrubs; brush, under growth, invasive species. He stated that there were aerial views available to view. He stated that there wereCentral Hudson powerlines a couple miles from the property lines and perhaps access to the back of the parcel could be attained that way.
Ms. Whaling stated that they supplied an updated decommissioning plan, view shed analysis, emissions and the scenic overlook.
Ms. Lindstrom stated that there was a lot of view from Route 209.
Chairman Baden stated that the Board would like to see from 209 across the valley. Between Queens Highway and Boice Mill Road. He added that the Scenic Byway includes 209.
Ms. Whaling stated that they included the tree clearing guidelines and that it was emailed to the secretary.
Ms. Lindstrom asked the Attorney for the Town if the zoning permit had to be amended because the deed has Joe Grasso listed as owner but that he doesn’t own the property anymore but the new owner was Dogwood Creek LLC.
Chairman Baden stated that the applicant would need to amend the zoning permit and update the special use permit as well. He also added that SEQRA had not been completed yet. He asked the Board if they wanted to go through the Part 2 of SEQRA as a preliminary to see if they would come up with any questions for the applicant.
The Board decided to have Tim Moot from Clark Patterson Lee review the application and do a draft part 2 for SEQRA.
Chairman Baden asked if the Board felt they had enough information to refer the application to the county and to set for a public hearing.
Ms. Lindstrom stated that she thought they need more information. She noted that the lot is right next to properties and she wants to know about where the road will be, screening for the neighboring properties.
Ms. Whaling stated that they will do permanent screening along the whole property minus the part where the river will be.
Ms. Lindstrom stated that they will need a landscaping plan.
Mr. Jones stated that he would like all the documents and material from the secretary and take time to review everything.
Chairman Baden stated that he will get all the information to everyone the following week. He stated that they will need new drawings to the bullet comments from the last meeting. He noted that the Board will review everything at the next meeting and will set public hearing next month. He said Mr. Moot will review the SEQRA part 2 and they will discuss that at the next meeting. He also mentioned that he noticed there were no interior roadways and that he was concerned about firefighters being able to access everything during an emergency. He also added that NYSERDA does not want to seek lead agency so the Planning Board will take the lead. He noted that at the next meeting they will know where they will be standing on SEQRA.
2017-07 SBD
Minor Subdivision
Deborah Smith (applicant) and Christopher and Carrie Donnelly (owners)
Proposes minor subdivision of a single parcel into 2 lots with shared driveway right-of-way access
68 Old Mine Rd, SBL 76.9-2-5.2, H and AP Overlay zoning districts, Adjacent to Ulster County Ag District #3
SEQRA: TBD
The Applicant withdrew their application.
2017-07 SUP
Special Use Permit – Agricultural Processing Facility
RM APPL, LLC c/o Josh Applestone
Proposes change of use to a USDA licensed Agricultural Processing Facility with retail storefront
5010 State Route 209, SBL 77.1-1-24.131, B, AP, and FD Overlay zoning districts, Adjacent to Ulster County Ag District #3
SEQRA: TBD
Bill Eggers, Josh Applestone and Ollie Chanoff were present on behalf of the application.
Mr. Eggers stated that there were some questions about the SEQRA form.
Mr. Chanoff stated that they were proposing to expand the parking. He noted that the mound next to the parking lot will be leveled and the septic that was in the mound will be moved to a better place and newer septic. He added that the well was tested and there’s plenty of water for the amount that they need to use.
Chairman Baden asked if the parking in the front was just going to remain as is and that they were just adding truck parking in the back.
Mr. Chanoff stated that yes that was exactly what they were doing.
Chairman Baden stated that the property was in the aquafer protectionoverlay zone but the code did not apply to this use due to water usage below the standards.
Mr. Jones asked if there was any disposal of fat.
Mr. Chanoff stated that no, they did not have any disposal of fat and that they were full animal butchers and anything that needs to be thrown out will be kept in the freezer until the garbage would be picked up.
Chairman Baden reviewed the 140-20 part of the code. He stated that they will notify New York State Department of Transportation to let them know it will be a change in use. He asked if there was any noise from any of the butchering.
Mr. Chanoff stated that there was a little bit of noise from the saws but that it was very minimal.
Chairman Baden asked if there was any lighting that will be added.
Mr. Chanoff stated that they probably will have some lighting by the loading dock in that back. He stated that the hours are from 7:00am to 3:30pm for them to process the meat so there are employees after those hours to clean up and generally are done by 4:30pm. He said they wouldn’t be having any deliveries after dark but that they would just add one light in the back just in case.
Chairman Baden stated that they can’t send it to the Ulster County Planning Board until they know about the light in the back. He asked what they will have for signs in the front of the building.
Mr. Chanoff stated that they would have a small sign out front of the building similar to the signs at their other buildings. This sign was smaller than the sign regulations they need to meet.
Chairman Baden asked if there would be any landscaping.
Mr. Chanoff stated that they would be getting rid of the rocks that are currently at the facility and some planting on either side of the access some kind of meadow mix.
Chairman Baden asked if they could show on the map where the landscaping will be.
Mr. DeWitt motioned to schedule the public hearing for November 13th 2017. Mr. Williams seconded the motion.
Motion carried. All in favor
7 ayes, 0 nays, 0 absent, 0 abstentions
Mr. Jones motioned to classify the application as an unlisted action uncoordinated review for SEQRA. Ms. Linstrom seconded the motion.
Motion carried. All in favor
Roll Call Vote:
Baden: Aye Jones: Aye
Lindstrom: Aye Grace: Aye
Williams: Aye Collins: Aye
DeWitt: Aye
7 ayes, 0 nays, 0 absent, 0 abstentions
Mr. Williams motioned to send the application to the Ulster County Planning Board contingent upon upgrade to site plan. Mr. DeWitt seconded the motion.
Motion carried. All in favor
7 ayes, 0 nays, 0 absent, 0 abstentions
Rebecca Collins recused herself at 10:30PM. Alternate Samuel Zurofsky joined the Board.
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 Pompeys 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: TBD (tentative Type I Action)
Tim Moot was present on behalf of the Town of Rochester.
Chairman Baden stated that the SEQRA review was just that and that there was no application. He added that the Planning Board will take lead agency for SEQRA. He stated that the property was on prime farmland, contiguous to historic district, close to wetlands, and borders another Town.
The Board was unsure if they needed more information or not. They decided that they would have Mr. Moot look at the information and let them know if they need more information.
Mr. DeWitt motioned to hire Clark Patterson Lee to review SEQRA or determine more information is required. Mr. Williams seconded the motion.
Motion carried. All in favor
7 ayes, 0 nays, 0 absent, 0 abstentions
Mr. Jones motioned to adjourn the meeting at 10:40pm. Ms. Williams seconded the motion.
Motion carried. All in favor
7 ayes, 0 nays, 0 absent, 0 abstentions
Respectfully submitted,
Shaye Davis, Secretary