ZONING BOARD OF APPEALS
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
torpbzba@hvc.rr.com

MINUTES of the March 15th, 2018 Town of Rochester Zoning Board of Appeals, held at the Town of Town of Rochester Community Center, Accord, NY.

Chairman Mallery called the meeting to order at 7:00PM.

Pledge to the Flag.

PRESENT: ABSENT:
Cliff Mallery
Steven Fornal
Erin Enouen
Charles Fischer
Bruce Psaras

Also present:
William Barringer, Alternate. Shaye Davis, Secretary.

CONTINUED APPLICATION – Public Hearing
2017-05 AV – Area Variance
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.

Mr. Zanghi presented the updates on the project to the Board. He highlighted on the access to the parcel coming through the Paddock Family property only for maintenance and emergency vehicles. All construction traffic could access the parcel through the Town Landfill. He stated that he spoke with the Department of Transportation and they gave him feedback on the access on 209.

Mr. Psaras asked about the lots, system and the setbacks.

Mr. Zanghi stated that he had changed the site plan to only create setback issues between the Town properties and not the surrounding neighbors. He stated that he had 28 encroachments meeting 50 feet of the required 60 feet.

Chairman Mallery asked if the parcel was once a gravel pit.

Mr. Zanghi stated that he did not know the history of the property.

Mr. Psaras asked how the parcel was formed with it not having any road frontage.

Supervisor Baden stated that he asked the same question. He stated that it was formed with no easement. He stated that the Paddock property access was the quickest and easiest way to get to the parcel.

Chairman Mallery stated that an easement was needed by necessity.

Supervisor Baden stated that at the time they didn’t do an easement because both parcels were owned by the Town.

Chairman Mallery stated that the State Laws on solar farms had changed and making it so that the subdivision was no longer needed therefore the variance was not needed.

Mr. Zanghi stated that they’re still working on the law and that any new projects can have 5 megawatts. He stated that they do not know if it applies to current applications.

Chairman Mallery and the Board asked if the law had changed and was in the process of changing why they needed the variance and not just wait to see what the law says.

Mr. Zanghi stated that they might not need the variance but would like to get the variance in case they have to subdivide. He stated that they had a que they to meet with the solar projects and could not move forward with the Planning Board until the variance application was completed.

Chairman Mallery opened the meeting for public comment. There was no discussion.

Mr. Fornal motioned to close the public hearing. Mr. Fischer seconded the motion.
Motion Carried. All in favor.
5 ayes, 0 nays, 0 abstain, 0 absent

There was no more disuccsion from the Board. The Board read a decision.

Facts Established and DECISION:

PV Engineers, PC/Borrego (applicant) on behalf of owner Town of Rochester (TOR) request area variances for a +/-30 acre parcel off Airport Road, SBL 69.3-2-41.1, in an R-5 zoning district, adjacent to Ulster County Ag District #3

Whereas in order for community solar farms to work said facilities need to be located on town-owned land thereby limiting location for such use.

Whereas the Town of Rochester wishes to locate two 1.98 MW community solar farms upon land owned by the town located east of the town’s Transfer Station and closed landfill.

Whereas the Town of Rochester Town Board conducted a SEQRA review of the project and issued a negative declaration on or about 6 July 2017.

Whereas the Town of Rochester ZBA received a letter from TOR Planning Board (dated 8 September 2017, received 11 September 2017) stating its determination that multiple variances would be required.

Whereas PV Engineers/Borrego submitted an Application to Zoning Board of Appeals (#17-05 AV; dated 6 September 2017; filed 11 September 2017) on behalf of the owner (TOR) requesting 49 area variances from the required 75′ non-residential setbacks in an R-5 zone.
Whereas after meeting with the ZBA (15 September 2017) a public hearing was scheduled for 19 October 2017.
Whereas the public hearing was opened (19 October 2017) and a number of people spoke, all comments involved Special Use/Site Plan issues not under the purview of the ZBA (the public was instructed to address the Planning Board re their concerns during the 13 November 2017 Site Plan/Special Use Permit public hearing).
Whereas PV Engineers/Borrego were asked by members of the ZBA to consider lessening the number of panels or repositioning the array in order to lessen the number of variances requested.
Whereas the plan was modified and resubmitted (dated 26 October 2017) in response to ZBA request, reducing from 49 to 28 instances of variances requested and notification was sent to Ulster County Planning Board as amended (project site is adjacent to Ag District #3).
Whereas a the ZBA received a letter from TOR Town Clerk (dated 2 November 2017) directing the ZBA to table further discussion regarding Borrego Solar Systems, Inc due to a permissive referendum having gained enough signatures to force an election (held 30 January 2018) the result of which was a positive vote for both Community Solar facilities to proceed.
Whereas a letter from TOR Town Clerk dated 12 February 2018 instructed the ZBA to continue the process as regards the PV Engineers/Borrego application for lot line variances.
Whereas at the 15 February 2018 ZBA meeting the secretary was authorized to publish legal notice in the town’s official paper the Shawangunk Journal of the reconvening of public hearing to be held 15 March 2018 meeting and to mail notices to all bounding owners within 500′.

Whereas the newly proposed setback infringements all occur along the central gravel road division between the parcels which means said infringements will now be back-to-back on the two town parcels with none occurring within the R-5 non-residential 75′ setback along bounding property lines of neighbors; said variance requests (as listed individually below*) range from 19′ (25.3 percent) to 27′ (36 percent’) which are moderate.

Whereas the ZBA received UCPB recommendation noting the changes to lessen the number of setback variances requested and that “it appears existing vegetation in those instances will be maintained.” Further, a Required Modification states “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.”

Whereas such Required Modification can be over-ruled by a super majority vote (4 votes vis-à-vis five person board) and since such visibility analysis will be a part of the TOR Planning Board review during Site Plan and Special Use Permit process.

Whereas the proposed community solar arrays will definitely benefit the community via reduction of electricity cost to those (up to 2000 homes) taking part in the program even as it will allow our community to aid in the Governor’s initiative to have New York State reach 50 percent alternative energy production by the year 2030.

Whereas the proposed community solar array will definitely benefit the applicant (TOR) as this site will be leased for a fee that will add to the revenue stream.

Whereas the hardship requiring the variances is not self created as the PSC’s regulations at the time of project design required subdivision of the lot into two lots which impinged upon the space available to provide as many panels (thus, energy production) as possible unless variances are approved.

Whereas there will be a change to the neighborhood by allowing a solar farm array to be located at the proposed site, the Planning Board can sufficiently mitigate mostly visual impacts via the Special Use Permit and Site Plan approval process.

Therefore, based upon facts and information obtained and reasons stated above, the Town of Rochester Zoning Board of Appeals, on this 15th day of March 2018, approves the Area Variances as listed individually below and with the following conditions:

• Obtaining a subdivision approval from Town of Rochester Planning Board if necessary.
• Obtaining a Special Use Permit from Town of Rochester Planning Board
• Obtaining a site plan approval from Town of Rochester Planning Board

* Variance requests on Eastern Parcel, along central divide starting from North:

24′ – 24′ – 23′ – 23′ – 23′ – 23′ – 23′ – 23′ – 23′ – 25′ – 26′ – 26′ – 26′ – 27′ – 26′ – 27′ – 27′ – 27′ – 19′ – 26′

* Variance requests on Western Parcel, along central divide starting from North:

25′ – 26′ – 26′ – 26′ – 26′ – 25′ – 25′ – 25′

Motion made by: Mr. Fornal
Motion seconded by: Mr. Fischer

Vote: Ayes: ¬¬¬¬¬¬¬ 5 Nays: 0 Abstain: 0 Absent: 0

Other Matters:

Mr. Fornal asked the Board to look over the Procedural Guidelines for the next meeting.

Mr. Fornal motioned to adjourn the meeting at 7:44pm. Mr. Fischer seconded the motion.
Motion Carried. All in favor.
5 ayes, 0 nays, 0 abstain, 0 absent

Respectfully submitted,
Shaye Davis, Secretary