The Town Workshop Meeting was held on April 28, 2016 at 5pm at the Town of Rochester Town Hall.
PRESENT:
Supervisor Chipman Councilwoman Chachkin Councilwoman Fornino
Councilman Drabkin Councilman Spano Town Clerk Gundberg
Attorney Christiana
PLEDGE:
Supervisor Chipman opened the meeting and Councilwoman Fornino led in the Pledge of Allegiance to the Flag.
SOLAR ENERGY LAW DISCUSSION:
Supervisor Chipman stated the NYS Unified Solar Permit that the Town Board passed in 2014 is an exact repeat of the small scale section of the law that was presented.
Councilman Spano stated that it was previously mentioned that it was a one shot deal for specific zones.
Attorney Christiana stated currently in the Town Law you can have solar panels on a roof on a primary building up to 12kw by getting a building permit. If an applicant wanted to do a solar array as an accessory use to be used on own property an applicant can get a site plan review under Section 140-13. These options can be done in any zone. For large scale or export use right now is not allowed use. Until a law is in place an applicant can come before the Board and request to allow such uses in a zone once it is allowed in that particular zone it will get added to the schedule and then won’t be allowed in another zone.
Councilman Spano asked what section of the Town Code prohibits more than what’s allowed ?
Councilwoman Chachkin stated section § 140-8A
§ 140-8 A. If a proposed use is not specifically listed in any category of uses or within any zoning district on the Schedule of District Regulations, the Town Board shall, following a public hearing, render a formal determination as to whether or not the use is permitted in a given district and, if the use is permitted, the Planning Board shall then process the application as a Special Use. The Town Board may consult the Planning Board for recommendations in this regard and shall make its determination on the basis of similarities of the use to other specifically listed uses within various districts, taking into consideration the impacts of the use on the community and the neighborhood in which itis proposed.
Councilman Drabkin asked with current code in place if an applicant wanted to have a relatively large system either for commercial or residential use, would the applicant have to get site plan approval? If an applicant wanted to do that now would they get the permit?
Attorney Christiana stated the way the law reads now the Planning Board can approve it, approve it with modifications or reject it.
Councilwoman Chachkin stated the relevant language of the code Councilman Spano is looking for is;
This shall not permit the reclassification of uses that are already listed nor shall the Town Board permit any use that is not listed in a particular district if that use is already permitted in another district. Any determination made under this section shall be filed with the Town Clerk within 15 days and serve to establish the classification of this use for all future purposes. Any person aggrieved by the decision of the Town Board may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules.
Councilman Spano asked what prohibits the size of the facility?
Attorney Christiana stated it doesn’t have to do with size of the structure but the use.
Councilwoman Chachkin stated if you consider a large solar array as a solar use, we would have to put a law on the books regulating solar use, as of now there is nothing. The Town Board can say ok to an applicant for solar use, refer the application to the Planning Board and it will get put in the zoning schedule.
Councilman Spano discussed 140-13 of the Town Code
G. Solar Energy Structures. The Planning Board may, subject to Site Plan Review, approve, approve with conditions, or disapprove applications for accessory structures placed within otherwise required setbacks for accessory structures to accommodate solar energy systems. The Planning Board may also appropriately modify other development standards, including but not limited to building height, to accommodate solar and other energy efficient systems. No homeowner or property owner association shall prohibit solar energy systems, Covenants and restrictions connected with projects requiring Special Use permits, Site Plan Review or subdivision approval shall be reviewed for purposes of ensuring there are no such prohibitions.
Attorney Christiana stated these solar energy structures are considered accessory use.
F. Wind Turbines. The Planning Board may approve, approve with conditions, or disapprove small wind turbine applications designed for residential, agricultural, institutional and business use on the same parcel. Such applications shall be processed as Special Uses, but may be appropriately modified by the Planning Board to reflect the scale of the proposed facility. All small wind turbines shall comply with the following standards and, to the maximum extent practicable, with all other requirements of this law not in conflict herewith except wind turbines used to supply up to 110% of the electrical needs of any agricultural operation located within a State certified agricultural district shall be considered on-farm equipment and be exempt from these requirements, provided the equipment is located on the agricultural operation that it supplies with such electricity:
Councilman Spano stated 140-13 section of the law allows supplying up to 110% of power which is supplying more than needed, the wind turbine is allowed to be 155 ft. tall yet we are proposing the solar panel not to be more than 12kw without the applicant jumping through hoops.
Supervisor Chipman stated he would like to see that removed as well. Why put a limit on the kilowatts. The state doesn’t allow any exemption over 25 kw.
Councilman Drabkin asked why have a maximum kilowatt usage for homeowner or business?
Attorney Christiana said that fire fighter regulations are being placed at the state level.
Councilman Drabkin stated if we have state laws that regulate fire department use then that is something the Town doesn’t have to concern itself with. They have to go by code.
Councilman Spano asked why there are different setbacks proposed then what is currently in the Town Code?
Attorney Christiana stated setbacks depend on the zone you are in.
Steve Fornal a member of the Zoning Revisions Committee explained where they came up with the regulations for the setbacks. He read a recent study conducted by Massachusetts Department of energy resources, Massachusetts Department of Environmental Protection & Massachusetts Clean Energy Center. Health components, electric & magnetic fields are a big reason behind the setbacks.
Councilman Spano asked what New York State law has regarding setbacks.
Mike Baden stated New York State Law has no setback regulations for solar. There are not a lot of model codes out there right now. Small scale will follow existing setback in their zone.
There was a discussion on middle level setbacks & Industrial use setbacks. The committee chose 15ft for height because it is the average height of the home. Examples showed between 15-20 feet.
Mike Baden stated that nothing above 20 ft would work because of the angle of the sun. The Committee looked at Town of Geneva and Town of Lagrange but there is not a lot to go on because New York State doesn’t like getting involved with zoning regulations. But recently NYS capped net metering at 25kw for a residential zone. Mike stated the 12kw in the proposal would be ok going to 25kw but wouldn’t recommend unlimited kilowatt usage.
Councilman Spano asked why AB3 zone is not in the proposal?
Mike Baden stated that it is found in the middle scale not the large scale.
Councilman Drabkin asked why someone can’t build in a flood plain or wetlands? It’s regulated by the DEC so we should allow the DEC to make that decision.
Supervisor Chipman stated we can look into the NYSDEC standards.
Councilman Drabkin stated that we shouldn’t put it into our statutes.
Councilman Spano asked about the difference of decommissioning?
Mike Baden stated that all homeowners are going to have decommissioning plans, with the current tax abatement the panels are a 15 year lease. In the 16th year it becomes value of the property and taxes will increase.
Councilman Drabkin stated decommissioning sounds like a good idea for every structure in town.
David O’Halloran stated the decommissioning or bonding requirement takes away from the incentive for the homeowner or businessman. The proposed law looks like the town is making the resident go through hurdles.
Mike Baden stated every example the committee reviewed required a decommissioning plan. Some required bonding.
Councilman Drabkin suggested breaking the code into 2 sections. Section 1 for residential use, the law for residential use seems fair and we will not hold up applications. But recommend getting rid of the 12kw usage. Section 2 for Commercial use or Solar Farms. The bulk or commercial solar farms need more work and we have time.
Councilwoman Fornino stated that the solar company can determine what the resident will use.
John Dawson stated that an energy audit is done. It determines when and how much the household uses. When the lease is up most solar providers offer the homeowner to purchase the panels or give them back. There is a big market for take back solar panels. Regarding setbacks the inverters are the issue. If the law requires bonding most solar companies won’t bother with doing business in the Town. Mr. Dawson stated the Town is moving in the right direction but the industrial use is very complicated.
There was a brief discussion on net metering and remote metering.
BREAKING SOLAR LAW INTO TWO PARTS OF THE TOWN CODE:
Resolution # 83 -2016:
A Motion was made by Councilman Drabkin to have the Zoning Revision Committee prepare a law for any solar use not for sale commercially to present to the Town Board at the next Town Board Meeting.
Seconded by: Councilman Spano
DISCUSSION:
Councilman Spano stated he has concerns with regulations of kilowatts and zoning parcels. The Town should follow what’s in zoning definition of structure, free form, standing structure in accordance to Town building code.
Councilman Drabkin stated that there shouldn’t be any regulations for kilowatts.
Supervisor Chipman agreed with the regulations on the kilowatts and breaking the law into two sections. We should bring in experts to work on the large scale & export of energy section of the solar law. If an applicant is not selling power then they should do what they want but a checks and balance plan needs to be in place.
5-0aye, motion carried
APPROVAL OF THE BILLS:
A Motion was made by Councilman Drabkin to approve the following:
General Fund Abstract 3 of 2016 $ 72,678.30
Highway Fund Abstract 3 of 2016 $ 34,889.10
Street Lighting $ 433.81
___________________
$107,928.71
Seconded by: Councilwoman Fornino 5-0aye, motion carried
TRANSFER OF HIGHWAY FUNDS:
Resolution # 84-2016:
A Motion was made by Councilman Drabkin to transfer $ 205,000.00 from Highway Fund Account DA5140.20 Misc. Equipment to Highway Fund DA5112.20.
Seconded by: Councilwoman Fornino 5-0aye, motion carried
SECURITY CAMERAS AT COURTHOUSE:
Councilman Drabkin asked for some assistance with Judge Babcock getting 3 quotes for security cameras for the Town Courthouse.
APPROVING SITE FOR ADMINISTRATION BUILDING:
Resolution # 85-2016:
A Motion was made by Supervisor Chipman to use the Town Hall land parcel for the application for the administration building grant.
Seconded by: Councilman Spano 5-0aye, motion carried
LETTER TO ULSTER COUNTY COMMUNICATIONS:
Councilman Spano asked what the status was on the letter to Ulster County 911.
Attorney Christiana put together a letter and will discuss it with Supervisor Chipman on 4/29/16.
LED LIGHTING AGREEMENT:
Resolution # 86-2016:
A Motion was made by Councilwoman Chachkin to enter into agreement with Central Hudson as lights are being replaced they will be replaced with LED lighting.
Seconded by: Councilman Drabkin 5-0aye, motion carried
ADJOURNMENT:
A Motion was made by Councilman Drabkin to adjourn the meeting at 6:50pm.
Seconded by: Councilman Spano 5-0aye, motion carried
Respectfully Submitted,
Kathleen A. Gundberg
Town Clerk/ Tax Collector