ZONING BOARD OF APPEALS
TOWN OF ROCHESTER
ULSTER COUNTY
ACCORD, NEW YORK
(845) 626-2434
torpbzba@hvc.rr.com
MINUTES of October 19th, 2017 the 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
Willfred and Susan Neff/Rondout Creek Solar, LLC
12 Pompay’s Cave Rd, Tax Map #59.4-2-7.111 AR-3 Zoning District. 91.6 acres.
Area Variance – As per “Large Scale Solar Energy Systems shall not be permitted to
be constructed on areas of prime farmland as designated by the US Department of
Agriculture
Proposing development of a 20-acre utility scale community solar farm using ground mounted
solar panels.
SEQRA: To be determined
John Reagan and Doug Worden from Snyder and Snyder were present on behalf of the application.
Mr. Reagan gave a presentation to the Board on the project.
Mr. Psaras asked how far the closest substation was from the project.
Mr. Reagan stated that it was right down 209
Mr. Psaras asked how many people work on the project.
Mr. Reagan stated that no one does besides local people for maintenance.
Chairman Mallery stated that the applicant leased 87 acres of land and that the project size was only 16.2 acres. He stated that amount of acres in the project that was prime farmland was approximately 10.1 acres. He asked what was going to happen with the other 72 acres of property.
Mr. Reagan stated that the land owner can do what they will with the property.
Chairman Mallery asked how much the land was prime farmland in the whole parcel.
Mr. Reagan stated that it was 41 acres of prime farmland.
Mr. Psaras asked how long the panels would last.
Mr. Reagan stated that the panels would last from 20-25 years.
Mr. Psaras asked what happened after the 20-25 years.
Mr. Reagan stated that the company would decommission the facility and restore the site to the original condition.
Ms. Psaras asked how the panels would hold up to breakage and weather.
Mr. Reagan stated that the panels won’t shatter form snow, or fall over from winds. He stated that the panels can be monitored for individual failures.
Mr. Psaras asked what kinds of chemicals were used in the panels.
Mr. Reagan stated that all the metal was non-toxic.
Mr. Psaras asked for the applicant to provide all the information.
Chairman Mallery asked how long the lease was for.
Mr. Reagan stated that it was a 20 year lease with options for 2 extensions.
The Board opened the meeting for public hearing.
Roger Wells stated that NYSERDA put a cap on a 2 mega-watt facility. He asked why there was a cap. He asked if NYSERDA was funding a portion of the project.
Mr. Reagan stated that NYSERDA and New York State were both funding the project two different ways.
Mr. Wells asked if the parcel was open farmland or wooded.
Mr. Reagan stated that at one time it was a dairy farm and that the solar area will have some tree removal but that it was mostly clear.
Mr. Wells asked if when they leave the parcel and restore the property back to the original condition if they planted trees and reforest the land.
Mr. Reagan stated that that question would be up to the Planning Board.
Alex Kambouris asked if there was fencing all around the project.
Mr. Reagan stated that yes, there would be a fence.
Mr. Kambouris asked what would happen to the wildlife.
Mr. Reagan stated they could install a wildlife friendly fencing.
Mr. Kambouris asked what would happen to the sportsmen in the area.
Mr. Regan stated that he did not know what the land owner allowed on the property.
Mr. Kambouris stated that it’s not about letting sportsmen on the property but the deer, rabbits, and bear that cross the land and it would disrupt them.
Mr. Reagan stated that the Planning Board would take all if those questions into consideration hopefully.
Elisa Jury asked for the applicant to describe the fencing.
Mr. Reagan stated that the fence is 6 foot tall chain-link fencing with another foot of barbwire on the top. He stated that they are able to work with the Town on different types of fencing as well.
Mr. Mallery explained that the Board was a Zoning Board of Appeals and that they grant variances from the Zoning Code of the Town of Rochester and that was all they do. He stated that they do not approve the project or disapprove the project. He stated their job was strictly if a variance can be granted.
George Kambouris stated being for a two megawatt facility you have to be 2-3 miles from the substation.
Mr. Reagan stated that when you get far enough from a substation it makes it too expensive to make the project happen.
Mrs. Jury asked about the noise from the transformers and invertors.
Mr. Reagan stated that the invertor and transformer have a slight fan noise that only runs during the day.
Mrs. Jury asked where the invertor and transformer would be located.
Mr. Reagan showed Mrs. Jury on the site plan where they would be located.
Mrs. Jury asked about gunshots from hunters causing holes and vandalism.
Mr. Reagan stated that they had experienced little to none vandalism on their facilities. He also stated that if one panel was damaged they could replace the panel easily.
Mrs. Jury asked about the visual impact due to Mohonk looking down to the fields.
Mr. Reagan stated that they have not submitted an application the Planning Board yet but when they do they will have a visual analysis to assess those issues.
Mrs. Jury asked what portion was the fence around out of the 87 acres.
Mr. Reagan stated that it would only be around the project.
Mrs. Jury stated that when you take 16 acres from wildlife it influences them.
Bob Jury asked what substation they would connect to and how they would connect to it.
Mr. Reagan stated that they would connect to the substation in High Falls. He stated that all the electrical would be run underground until the meet the 3 phase.
Mr. Jury stated that there was a lot of rock along that way.
Mr. Psaras asked if the trenching for the underground lines where all on the Neff property or other people’s properties as well.
Mr. Reagan stated that he thought it was all on the leased Neff property.
Ms. Enouen asked if the trenching was included in the total area of the project.
Mr. Reagan stated that he did not have an answer to the questions.
Jim Allred asked if the tax will be changed and if the Town will take that into consideration.
Chairman Mallery stated that they cannot answer that question.
There were no further questions from the public.
Doug Worden form Snyder and Snyder asked if the variance was substantial or not. He stated that the Town Code was pretty vague and does not say how one calculates the percentage that would be agricultural land. He stated that their perspective was that zoning in New York State was legal. He stated that everyone has property rights but you have to comply with zoning. He stated that Zoning Laws violates the common law rights. He stated that the Court of Appeals stated that when there is a problem in a Town Code like the Town of Rochester’s that it has to be ruled in favor of the applicant. He state that they need to come up with a way to decide on the percentage. He stated that he believed the Board should chose under New York law the choice that cuts in favor of the applicant.
Mr. Psaras asked if they calculated just the area where the holes in the ground were from the poles and panels then why would the applicant need to lease 16 acres.
Mr. Worden stated that the question was not what they had to lease but what was touching the prime farmland.
Chairman Mallery read the zoning law for the Zoning Board of Appeals.
There were no further comments from the public or the Board.
Mr. Fornal motioned to keep the public hearing open. Mr. Fischer seconded the motion.
Motion carried. All in favor.
5 ayes, 0 nays, 0 abstain, 0 absent
Mr. Fornal motioned to send a letter to the Town of Rochester Planning Board. Ms. Enouen seconded the motion.
Motion carried. All in favor.
5 ayes, 0 nays, 0 abstain, 0 absent
Mr. Fornal motioned to refer the application to the Ulster County Planning Board. Mr. Fischer seconded the motion.
Motion carried. All in favor.
5 ayes, 0 nays, 0 abstain, 0 absent
New Application
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 and Emily Flannigan were present on behalf of the application.
Mr. Zanghi explained to the public and the Board about the project. He noted that here were 49 different setback variances needed.
Ms. Enouen asked what would happen if the panels weren’t “snuck in” on the outsides of the project which made the parcel need the variance.
Mr. Zanghi stated that the output would be less for the Town. He stated that the current layout would be best for the Town. He stated that the project would give solar power to 600 homes in the Town of Rochester.
Mr. Psaras asked if they could make the layout so that the setbacks were on the Town property and not the private property owned by residents.
Mr. Zanghi stated that they would review that option.
The Board opened the meeting for public comment.
Alex Kambouris stated that he was concerned about the clear cutting of 30 acres and that fence that the applicant would put around the solar panels.
Mr. Zanghi stat that they would be clear cutting and that there were different options for fencing but that standard fence is 6ft high with barbwire on the top.
Mr. Kambouris stated that his concern for the clear cutting was because of all the wildlife. He noted that he was very disappointed.
Mr. Zanghi stated that the solar panels wouldn’t be as bad as a major subdivision on the 30 acres.
Mr. Kambouris stated that he would rather see 5 houses put up instead of solar because it would mean more people are coming to the Town.
George Kambouris stated that his property that he lives at boarders the solar project. He stated that he would be able to see all the panels from his home, including the fence instead of the 30 acres of trees.
Mr. Zanghi stated that the law was that there had to be 75 foot setback from the surrounding properties which they met.
Carol Fischer asked how many panels were being installed.
Mr. Zanghi stated that there would be 8,700 panels.
George Kambouris asked who was getting all of the wood from the clear cutting.
Mr. Zanghi stated that they would but the logging and construction out for bid
Mr. Wells asked if everything was ok’d when would construction start and the time frame.
Mr. Zanghi stated that they would start in the Spring of 2018.
Mr. Wells asked if stump grinding was included in the clear cutting.
Mr. Zanghi stated that yes, inside the fence line they would be stump grinding.
Mr. Wells asked if the wood and debris would be burned on the property.
Mr. Zanghi stated that they would not be burning anything on the property and that it would be hauled out.
Someone from the audience asked what the benefit would for the Town with the lease.
Mr. Zanghi stated that it would be $56,000 a year in revenue.
Alex Kambouris asked what would happen if Jarvis didn’t give access to the lot.
There was no comment.
Mr. Fornal motioned to keep the public hearing open. Mr. Fischer seconded the motion.
Motion carried. All in favor.
5 ayes, 0 nays, 0 abstain, 0 absent
Mr. Fornal motioned to refer the application to the Ulster County Planning Board. Ms. Enouen seconded the motion.
Motion carried. All in favor.
5 ayes, 0 nays, 0 abstain, 0 absent
New Application
2017-06 AV –Area Variance
Burt and Anna Angrist
39 Nutmeg Road, Tax Map #77.2-3-31 R-5 Zoning District. 2.58 acres.
Proposes to construct car port but needs variance due to only having 18’ from side yard when 50’ is required.
Burt and Anna Angrist were present on behalf of the application.
Mr. Angrist stated that they would like the variance for the carport because they park their cars in that spot and that since they are getting older it had become harder to clear off the cars in the winter and the driveway around the cars.
Mr. Mallery asked if the road was paved.
Mr. Angrist stated that Ginger Road was paved.
Mr. Fornal asked why they had not put the car port up prior to the setback changes.
Mrs. Angrist stated that they had not thought of needing a carport at that time. She stated that they bought the house in 1976 and put on two additions in 1996. She stated that they vehicles so the carport would be big enough for two cars.
The Board asked if it would attach to the house and if it would have sides.
Mrs. Angrist stated that the carport would attach to the house and it would have wood sides.
There were no further questions.
Mr. Fornal motioned to set the application for public hearing for the November meeting. Mr. Fischer seconded the motion.
Motion carried. All in favor.
5 ayes, 0 nays, 0 abstain, 0 absent
Pre-Application
Dan Feldman
2017-07 Area Variance
93 Kyserike Road, Tax Map # 69.4-2-3, AR-3 Zoning District. 4.42 Acres.
Proposing to have his residence and agricultural processing facility for Winery.
Lacking required acreage for additional requested uses. Multiple permitted uses would require 6 acres, applicant has 4.42.
Dan Feldman was present on behalf of the pre-application.
Mr. Feldman stated that there would be no new construction. He stated that everything would be done in existing buildings.
The Board asked what uses he has at the property now.
Mr. Feldman stated that he had a studio, which was a home occupation.
There was a suggestion from the Board for a Farm Winery.
Mr. Feldman stated that he would have a regular winery because the grapes he used came from out of New York State. He added that he would like to have a wine tasting room on the property along with selling the wine and producing the wine.
Mr. Fornal stated that the parcel was in AR-3 zoning and would need 9 acres which would be over a 100% variance. He noted that that would be a big variance.
Chairman Mallery read the criteria from the code 140-66C. He stated that the variance would be substantial.
Mr. Fornal stated the project would possibly create a traffic issue and issue with neighbors.
Chairman Mallery asked if there were any special or unique reasons why the variance should be granted.
Mr. Feldman stated that the property was agricultural. He stated that he would like for people to come and see his sculpture garden and taste the wine.
Mr. Fornal asked what the hours would be and the amount of people.
Mr. Feldman stated that it would be by appointment only and there would only be small groups at a time. He stated that he had spoken with his neighbors but planned on doing so.
Mr. Fornal asked if buying more land would be an option so he would not need the variance.
Mr. Feldman stated that buying land would not benefit him, it would just meet code.
Mr. Psaras asked what happened with all of the waste.
Mr. Feldman stated that all the waste was compostable.
Mr. Fornal mentioned to possible not sell wine at the facility and just have a tasting room. It would lower the variance needed.
Mr. Psaras asked how much wine he was producing at the moment.
Mr. Feldman stated that he was producing 200 gallons about 1,000 bottles a year.
Mr. Psaras asked how much the production would increase with the variance.
Mr. Feldman stated that at most it would increase to 500 gallons a year.
Mr. Fornal stated that it would be in the applicants’ best interest to get rid of one of the uses to make the variance smaller and more reasonable.
Mr. Fornal motioned to adjourn the meeting at 9:12pm. Mr. Fischer seconded the motion.
Motion carried. All in favor.
5 ayes, 0 nays, 0 abstain, 0 absent
Respectfully submitted,
Shaye Davis, Secretary