HomeMy WebLinkAbout2016-06-07-PB-FINALTOWN OF ULYSSES
PLANNING BOARD
MEETING MINUTES
Tuesday, 6/7/2016
7:00 p.m.
Approved. July S, 2016
Present: Chair David Blake; board members Rebecca Schneider and John Wertis.
Environmental Planner Darby Kiley; and Town Board Liaison Rich Goldman.
David Tyler and Sara Worden were excused.
Public in Attendance: Thomas Mayo of Renovus and Richard and Andrea Murray.
Call to Order: 7:00 p.m.
Agenda Review; Minutes Review (5/17/16)
Mr. Wertis asked if the Town received storm -water reports from Cayuga Compost, to which Ms.
Kiley said the Town has. Mr. Wertis requested a summary of latest information. Ms. Kiley said,
based on feedback from the DEC, Cayuga Compost has to put in a swale around the building.
Mr. Wertis MADE the MOTION to accept the May 17, 2016 meeting minutes, and Mr. Blake
SECONDED the MOTION. The minutes were unanimously accepted, 3-0.
Sketch Plan: Consideration of Sketch Plan for a 484.34 kW photovoltaic system at 7107
Jacksonville Rd, Tax Parcel Number 20.-1-6.1; R1 -Rural Residence District. The Paleontological
Research Institution, located in Ithaca, NY, will be leasing approximately 2.25 acres of land from
the Finger Lakes Grassroots Festival in order to install an offsite solar collector facility. The
panels will be in seven rows ranging from 370 to 400 feet in length for a total area of
approximately 29,500 square feet. The project will be located directly south of a previously
approved 360 kW system on 1.81 acres. Finger Lakes Grassroots Festival Inc., Owner; Renovus,
Agent for the owner.
Mr. Mayo told the Planning Board Renovus plans to expand on the existing solar site, which is
currently being constructed and is nearly complete. Just this evening, he is learning of a glare
issue with the existing solar project. Mr. Blake said the glare is bad and an eyesore for people
living near the panels. Though it has previously been stated in past meetings with Renovus that
solar panels do not result in a loss of property value, Mr. Blake said he believes there is, in fact, a
loss of property value at the Murray residence. Mr. Mayo continued, saying the proposed project
will belong to PRI. He also said there was a last minute change in the contract for the previous
solar project and financing fell apart for the Sciencenter. The solar installation is now a
community solar farm, Mr. Mayo said, and Renovus now owns it. The system is still the same;
only the owners have changed, he said. The proposed site has already been cleared in preparation
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June 7, 2016
for the project, and the storm -water protection plan was rolled into the previous solar project's
SWP.
Mr. Wertis noted the entrance way to the existing project, saying he was under the impression it
would be largely hidden from view. Mr. Mayo said a tree will be planted on each side of the
entrance in an effort to narrow views. Mr. Blake asked how many trees Renovus planned to plant
as part of the proposed project, to which Mr. Mayo said a tree -planting plan has not been
proposed. Plus, with news of a glare issue, Renovus may need to plant more trees as a screen for
neighbors, he said.
Ms. Schneider said she had two issues: Renovus was preparing a second site and combining a
SWPPP for a project company representatives had previously said was far from a done deal. That
was a little disingenuous, she said, since Renovus must have known the second project was
moving forward. Mr. Mayo cited the cost effectiveness of preparing the second site. Ms.
Schneider said Renovus and the Planning Board — during deliberations regarding the first solar
project — had previously discussed the best way to present information to the community
regarding a second possible solar site. The Board was told by Renovus's Melissa Kemp that
Renovus did not have anything official regarding a second site, Ms. Schneider said.
Ms. Kiley explained the reasoning behind a single SWPPP for both projects. She was out at the
site today and all looks good in regard to storm water.
Ms. Schneider also raised questions concerning project maps, specifically precise distances from
the fence line and array to a nearby pond.
Mr. Wertis said it was clear during previous deliberations that Renovus was proceeding with a
second project. He said he is not entirely surprised. Citing previous discussions, Mr. Goldman
said Renovus representatives had said there was a 40 -percent likelihood the second project
would happen. As she understood Renovus, Mrs. Murray said the company did not have
finalized plans. Disingenuous is an appropriate term, she said.
Mr. Murray said everything from previous public meetings — the size and scope, the array's
owners, the glare — proved inaccurate. The glare is horrendous and occurs for hours per day, he
said.
Mr. Blake told Mr. Mayo he wants to see more trees at a greater height. He said he cannot and
will not approve anything without contracts signed by all involved parties. He is sorely
disappointed in what has transpired from the first project, considering the amount of time and
attention the Planning Board gave to it.
Following a question from Mr. Wertis about glare, the Murrays circulated a photo they took of
the solar glare from inside their home. Mr. Murray said the glare affects multiple rooms in the
house.
Mr. Goldman asked Mr. Mayo if Renovus has begun signing up users to the first project. Mr.
Mayo said the project is full. Responding to a question from Mr. Goldman, he said he was not
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June 7, 2016
sure Ulysses residents were first offered the opportunity to connect to the community solar
project. Mr. Mayo did say he reached out to neighbors to inform them of the change to a
community solar farm after the deal with the Sciencenter fell through. Mr. Goldman called this a
major problem, saying Renovus should have met with the Board as a courtesy as soon as the deal
fell through. There is a moral obligation, he continued, to inquire first with potential customers in
the very town the community solar farm is located. Ms. Schneider reiterated Renovus's process
was disingenuous, especially how favorable the Planning Board considered the project because it
was both a solar initiative and it was intended for a non-profit entity. She said the Planning
Board approved the solar farm for the Ulysses community. She would be interested to see the
percentage of community versus non -community solar users for the first Renovus project. It feels
like a commercial enterprise that took advantage of us, she said.
Mr. Wertis MADE the MOTION to open the sketch plan, and Mr. Blake SECONDED the
MOTION. The motion carried unanimously, 3-0.
Mr. Blake said he takes issue with being led to believe the Planning Board was supporting a non-
profit entity for a solar farm on a non -profit's property. Ultimately, the Town gets nothing in
return, he said. Ms. Kiley noted special circumstances for solar project so that they are tax
exempt for 15 years.
A discussion ensued regarding the Town's requests for particular information related to
Renovus's second solar project. Mr. Goldman said the Murrays' glare issue should be resolved
first thing. Among the first items discussed were a landscaping plan with a specific number and
height of trees as well as signed contracts, with — Mr. Blake added — redacted information if
necessary. Ms. Schneider also asked if it is prudent to request information as to why the
Sciencenter removed their support for the project. Mr. Mayo said something fell apart in the final
negotiations.
Ms. Schneider also suggested inviting representatives of PRI and possibly the Sciencenter to a
Planning Board meeting. Ms. Kiley said the Planning Board could schedule a meeting to review
Renovus's first project. Mr. Wertis said he would like to personally visit the Murray residence to
see the solar glare. Ms. Schneider called for a new model to evaluate glare, since Renovus's
model significantly underestimated the problem. Mr. Mayo again said the problem of glare at the
Murray residence is the first he is hearing of it. He said he would put together a plan to mitigate
the issue.
Ms. Schneider also requested any information on the number or percentage of Town customers
being served by Renovus's existing solar project on Agard Road.
Mr. Wertis said he would like to see a narrower entrance to the existing site. The plan was to
plant trees close to the driveway, Mr. Mayo said, and let the trees grow in to narrow the visual
impact. Mrs. Murray said she does not mind the project being there, but it was billed as an
invisible neighbor. Speaking to Mr. Blake's thoughts on property values, she said the solar farm
has definitely reduced their property value. A realtor told the couple their property's value would
certainly diminish, she said. Billing the project as invisible was deceptive. She would also like to
see an agreement in writing on whose responsibility it will be to maintain the roadside brush,
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which currently acts as a roadside visual buffer. Lastly, she requested Renovus be responsible for
planted trees for the first 25 years, as opposed to the first five years, as was previously stated in
past meetings. Mr. Wertis said he would echo much of Mrs. Murray's suggestions, particularly
the point on landscaping. He further suggested seeking guidance from the Town's outside
engineering firm, which handles landscaping, to review the future landscaping plan and offer
advice on aspects like tree species and fast-growing trees. Any costs associated with Site Plan
Review would then be billed back to the applicant, Ms. Kiley added.
Mr. Goldman said he would like to know if Renovus is making more money through the
community solar farm than from the initial Sciencenter deal. Might have Renovus been the entity
that pulled out of the deal? he asked. No way, Mr. Mayo said.
Ms. Schneider told Mr. Mayo it is worth Renovus's time to clean up this situation because
people are unhappy right now. It is affecting how the Planning Board feels about solar and
Renovus, she said.
In regard to the Site Plan Review check list, Ms. Schneider requested better detail regarding the
wetland border. She is not content with how it is presented currently and would like appropriate
scaling on all maps. She additionally requested an estimate from an engineering company to
conduct an independent glare study. Mr. Wertis said he would like to visit the Murray residence
first, and then the Planning Board can seek guidance from an outside firm.
The Planning Board will continue the sketch plan review on July 5.
Ms. Kiley said she would follow up on a meeting to review Renovus's first solar project. Ms.
Schneider reiterated that such a meeting would be helpful since the first project was like a pilot
test run for larger solar projects in Town. The Planning Board came in excited, and the project
backfired, she said.
Responding to Mr. Wertis's question concerning whether the Town had a clear definition of
glare, Mr. Blake said the Planning Board needs to again look at its solar regulations and make
recommendations. Ms. Kiley said the Town's new Sustainability and Advisory Council could
review the Town's solar law and consider recommendations.
Mr. Goldman again asked Mr. Mayo why Renovus did not return to the Board once the deal fell
through. Ms. Kiley said she did not tell Renovus representatives that they needed to.
Ms. Schneider MADE the MOTION to adjourn the meeting, and Mr. Blake SECONDED the
MOTION. The motion carried unanimously.
Meeting adjourned at 8:16 p.m.
Respectfully submitted by Louis A. DiPietro II on June 15, 2016.