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Home My WebLink About2017-04-26TB 4-26-17 D R A F T Page 1 of 31 TOWN OF DRYDEN SPECIAL TOWN BOARD MEETING APRIL 26, 2017 Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl Linda Lavine, Cl Deborah Cipolla-Dennis, Cl Kathrin Servoss Elected Officials: Bambi L. Avery, Town Clerk Other Town Staff: Ray Burger, Director of Planning Supv Leifer opened the meeting at 7:15 p.m. Distributed Sun will present the projects and explain how they have been amended. A public comment period will follow. People were asked to limit their comments to two minutes. Because additional information was just received today and other information is still outstanding, the board will not vote on the SEQR tonight. When all information has been submitted and reviewed and TG Miller deems the application complete, the next date for this matter will be set and SEQR will be voted on then. Bharath Srinivasan of Distributed Sun thanked everyone for coming out and noted this is the largest hearing they have seen. The number of people attending keeps growing and they are happy that people are interested and providing their comments. He asked that people who are opposed to the project take his contact information. He would like to have a conversation with them. The company is headquartered in Washington, DC and they have been doing business in New York for the past four years. They built the first 2 megawatt array by the airport in Lansing. In most municipalities they go they end up being the first applicant to propose solar and that brings along with it a lot of work to provide them with the right information to be able to get them comfortable with making the choice. They have provided an extensive amount of information in the last 30 days based on requests from the Planning Department, town engineer and several members of the public. B Srinivasan introduced the project team present with him tonight. They are all here to answer questions in more detail and demonstrate that they really did the work. They are proposing two groups of projects. Both fit under the regulatory description of community solar projects. The first, referred to as the Ellis Tract, is broadly situate between Dodge Road, Turkey Hill Road, Ellis Hollow Road and MT Pleasant Road. The second group of projects is located at 2150 Dryden Road, right off of Route 13. What is community solar? New York State was at the front of passing what is called remote net metering. Commercial businesses that didn’t have the area to put solar on their own properties could put it on another area that they controlled and have their energy credit on the bill from that system even though it isn’t on that particular site. Residential customers had no way to do this. The PSC enacted regulations in the fall of 2015 called community distributed generation. This allows an array at a distant location to provide bill credits to residential customers collectively as a group if those people are renting or don’t have the right financial resources to be involved in solar. By going solar this way they also have the ability to not worry about what happens to their roof or replace a system on the roof. They can go solar and still save money. TB 4-26-17 D R A F T Page 2 of 31 Someone in Dryden in 2010 invested $30,000 in a solar array and said they would have chosen this option if it was available and saved money. You can get 100% of your consumption this way. The power produced by Distributed Sun is cheaper and cleaner than NYSEG. The power from the array can be credited on the residential customer’s bill for both supply and delivery costs. If you were to buy energy from an ESCo, the savings are only on the energy supply portion. NYSEG will still charge to deliver the electricity. There is no charge for delivery with community solar. It provides the landowner with long-term income. What is the benefit to the community? B Srinivasan acknowledged that they are a for - profit company and expect to make a return on their investment over the next 30 years. For the community, the energy is made locally. You are not importing certificates to clean your power from California or Canada. You are not burdening the transmission system, which in New York averages over 50 years old. The energy from both projects can potentially serve 7,500 average New York homes. No one is opted in; one has to subscribe to buy power. They anticipate providing a property tax payment revenue stream of $232,000 in the first year based on the policy the IDA has. It has an annual escalator and over the 30 year lifetime of the project they expect to pay nearly $8,000,000. Based on what that number adds up to in year one, that makes the two groups of solar projects the third largest property tax payer in Dryden. It puts them in the top 1% of taxpayers in all of Tompkins County. When the projects are welcomed, you are welcoming a big property tax payer to the county. Over the course of construction (5-6 months) they expect to create 200 construction jobs. That number is based on the number of labor hours expended at a comparable project. In the past they have used union labor, despite not having a stipulated requirement. Primary vegetative control on site is sheep (2 per acre). They have done this successfully at the airport site. Ellis Tract Project – A map was displayed. Based on feedback they have made modifications to the site. They have added three 15’ wide wild life corridors so there isn’t a continuous fence around the entire site. They are providing 120’ of setback from Dodge Road homes and are proposing some trees in front of each house on Dodge Road to provide an adequate visual buffer for what they could potentially see from their second story. The entire fence line in front of the houses will have two rows of vegetative buffer for screening. The wetlands have been delineated and the system has been designed to have a very minimal impact on those. On the northern side they are more than 200’ feet from Turkey Hill and are providing two rows of vegetative screen. There are two hickory trees which they have been told have emotional and historic value and they rearranged the array so they will be preserved. A resident gave permission for a few trees in his backyard to be cut in order to provide this accommodation. Native non-invasive species were chosen for the plantings. At the bottom edge the project is over 100’ from Dodge Road. In order to do that, they had to remove about three acres of trees on the top left. They’ve spoken with birders and asked for advice on this. They are proposing to then seed the area with a pollinator friendly mix. They will let it grow into a scrub shrub land and not be maintained or mowed regularly. It won’t be mowed before August 1 on advice of birders. Based on conversations with people from the south, at the edge of the array, between the transmission lines and the array itself they’ve added another two rows of vegetative screening. On the other side of Turkey Hill Road they are 250’ away from the road. They have two rows of screening right behind the old research building. There is a row of old willows they propose to remove because they are really tall and will cause considerable shading. They are replacing them with a mix of trees and bushes that will grow up to fill the void and offer a visual buffer. Based on conversations with a neighbor they’ve added a 100’ setback and will have no construction in that buffer. They have also discussed with the resident adding a TB 4-26-17 D R A F T Page 3 of 31 visual buffer. Based on conversations with the town engineer any arrays that conflict with the brook will be removed. Overall, they do not propose any massive grading. They are not changing the runoff curves. If there are any changes that cause an increase in runoff or change in the water quality, they will provide stormwater mitigation. 2150 Dryden Road project - Arrays on the north of side of Virgil Creek have been eliminated. No arrays will be installed in any wetlands. There will be two 15’ wildlife corridors to break the fence line. They are offering a 1 40’ setback from the west edge of the property and a 130’ to 170’ setback along the cemetery. There is 100’ setback from Route 13 and the neighboring property to the east. They are not taking out the hedgerow or the trees on the western perimeter. The southern portion will have an interesting landscape line. They will not have arrays in cell tower fall zone. They have had an ecological assessment done and determined what there was in terms of flora and fauna. They then wrote to DEC and US Fish and Wildlife. Fish &Wildlife identified the northern long eared bat as a species of concern. Tetratech then looked at the project sites and the trees in the area to determine whether any had the potential to have a bat habitat. Fish & Wildlife has a window of time in summer when it is their peak roosting period. If one were to clear trees after July 31, then they do not consider the activity to be an incidental take. An incidental take is an activity that clears the habitat for an un avoidable reason. Distributed Sun imposed a moratorium on itself that they would not clear trees that support bat habitat before August 31. That is well beyond Fish & Wildlife’s recommended window, so they are not causing any damage. The northern long eared bat was identified as a concern because of what is called a white nose syndrome, a condition caused by a fungus. The particular species is not at threat for losing its habitat. Wetlands have been delineated at both sites to be emergent shrub scrubs and forested wetlands. The findings and delineations have been submitted to the U.S. Army Corp and the NYS DEC. The only area where they are proposing a few arrays within the wetlands are at the northern portion of the arrays on Dodge Road. In their analysis they have determined the lack of any rare, endangered or unique species that use that wetland and that the areas have a potential to dry up in summer. They believe it meets the criteria for the Army Corps to consider it a marginal quality wetland – an emergent wetland which is not supporting any unique natural habitat. In order to protect land when they install the solar screws, they propose to lay mats on the wetland to protect it. They will not use heavy equipment. There will be no excavation, no access roads, and they are not trenching in the wetlands. They are not taking anything out of the wetlands, only driving a screw into it. That activity, as long as no excavation happens, is considered to be an unregulated action by the Army Corp s. They have confirmed that with the Buffalo District which has an Auburn satellite office and they are reviewing the submittal to provide their concurrence in writing. LaBella performed a Phase I Environmental Site Assessment to find out if there are an y recognized environmental conditions at the site. Recognized environmental conditions are issues that the DEC considers to be an environmental threat. Worst case example would be an oil spill. As long term investors, they don’t want to invest in a prop erty that has recognized environmental conditions. The Assessment (several hundred pages for each project) extensively documents all the changes to the property since about 1930. They found no recognizable environmental conditions on either site. The Town asked the developer to go to the State Historic Preservation Office and get their concurrence that the proposed activity isn’t a threat to any cultural or archeological resources in the area. They provide SHPO with a map showing where they would hav e impact to the soil. Tetra Tech their site maps and SHPO noted which areas needed to tested. B TB 4-26-17 D R A F T Page 4 of 31 Srinivasan noted that testing is more environmentally impactful than the actual screws used in installation. The test itself is shovel pits. You dig pits an d run the soil through a sieve to find out if there are any archeological artifacts on the site. They did 900 shovel pit tests. Based on the negative results from the test, at 2150 Dryden Road, Tetra Tech recommends no further investigation. The report was provided to SHPO and they expect that they will concur. At one particular area on Dodge Road there may be one area of sensitivity and based on Tetra Tech’s analysis and recommendations they have moved the design away from that area. With respect to stormwater, on all the project sites wherever there is a downward slope they will have silt fences to prevent runoff from the site. Based on the town engineer’s comments they have substantially reduced the access roads. The can make operations protocol work without the access roads as originally proposed. The decrease in access road means they will have impervious surface of less than an acre on both sites (about a half acre on the Dryden Road property and a little under an acre on the Ellis property). They have also promised and are willing to undertake permanent stormwater measures like cutting a dry swale wherever they have an access road to prevent any runoff volume increase or changes in water quality. They want to make sure they are solving concerns. LaBella Associates and Trowbridge di d a visual impact statement at both sites. Based on questions from the town and the public, they were asked to provide more information and review that. The 2150 Dryden Road site simulation was show with and without a buffer. The solar panels are not imposing on overall vista and will not prevent someone from seeing beyond the panels. Only trees outside the wetland will be removed. The proposed planting height for the two rows of trees is 14-16’. Simulations of the plantings at various intervals of growth up to 20 years were displayed. In some places additional bushes (that will grow up to 8’) will be planted to provide additional buffering until the trees mature. Dodge Road views before any buffer was added were displayed from the second story of a home. Bushes will be added to the two rows of trees and will be set back along the fence line . The project is over 320’ from the homes here and they are also proposing a few trees in front of the homes to build some good foliage so the view is not visible from the second story. The arrays below the level of Turkey Hill Road, but despite that will they add a 6-8’ vegetative barrier that will grow to 10-12’. All simulations show the arrays here below the horizon. The projects will have a 6’ wire mesh fence and a single string at 7’. Seven feet is a minimum requirement for electrical code in order to be considered fenced and off limits to the general public. They have eliminated barbed wire from the projects. Supv Leifer said he would hear comments regarding the Dryden site first according to the sign in sheets. Time is limited to two minutes per speaker. COMMENTS ON DRYDEN SITE Joe Wilson, Hunt Hill Road, said the graves of his ancestors spread across much of the country from Massachusetts to New Mexico. They are in different settings, some in the country, others near noisy highways and one on a neglected part of a desert in New Mexico. His ancestors are the same kinds of good, hardworking people as those who lie in Willow Glen. When he visits them it is to pay respect and to give thanks. When no one is around he talks to them. What he doesn’t go to do is to look at the scenery. He knows his families’ historie s. What comes out loud and clear is that in their time they looked forward, not back. They put generations to come ahead of themselves. Our kids and grandkids deserve a better future than they are going to get now if we don’t do something about climate change. In fact if we don’t do everything we can do about climate change. Climate change is already causing major TB 4-26-17 D R A F T Page 5 of 31 problems, but it’s on course to get much worse. The people who are going to bear the brunt of that are our kids and our grandkids. In Tomp kins County we have an approach to do something about climate change and that is to cut back on fossil fuels and to pick up the pace on renewables. The Solar8 project will help us go in the right direction. It’s legal under town law. It’s within the rights of the private land owners to do and it meets public service mission guidelines. As to our ancestors, he says it’s time to do just what they would have done in this situation. Look ahead, not back. Put the kids first and push ahead with solar. Catherine Wagner wants to urge the board to approve the solar farms that are currently under consideration. She has long been working on issues around the environment and climate change. She wants her granddaughter to grow up in a world that is still a good place to live in. Community solar farms such as the ones being proposed are exactly what is needed if we want our children and grandchildren to thrive in the future since climate scientists say that we must immediately do everything possible to get off fossil fuels and on to clean renewable energy resources if we are to have any hope of avoiding the worst aspects of climate change. We are in a new world and must move ahead quickly with our switch to clean renewable energy resources. All of us will hopefully grow to look on the solar panels and windmills as objects of fascination and maybe even beauty. Her parents are not buried at the local cemetery near the proposed farms, and yes, their graves are in a peaceful area just west of Schenectady. But if solar panels are installed in the field by their cemetery, she will find herself thinking of her parents and knowing that they would applaud if they could because they cared about the wellbeing of our planet and the generations of the future. They in fact would be upset if she opposed that installation. New York State has made a commitment to developing renewable energy resources in a distributed manner. This means that instead of creating large sacrifice zones containing overwhelming expanses of solar panels that are then hooked up to transmission lines and supply energy over long distances, our state will have a multitude of local solar farms supplying local residents with our electricity. The solar farms being proposed fit into this framework nicely. Susan McCormick, Kimberly Drive, said her extended family owns a 240 acre farm in Maryland. It is presently rented to Mennonite family and it earns $21,600 a year in rent. The Mennonite family is thinking of leaving, so she and her sister have looked into renting it for solar power. They could rent 200 acres at $100,000 a year. Her blessings to the farmers and landowners who can put in solar or wind. She encouraged the board to approve that. Pat Fitzgibbons read a portion of and submitted the following statement: Although there are many aspects of these two solar projects (Turkey Hill & Willow Glen) of which I take issue, what I want to discuss here is the involvement of the Tompkins County Industrial Development Agency. Directly from the Tompkins County IDA web site ... "The primary mission of the TCIDA is to offer economic incentives to Tompkins County businesses selling product outside of the region, in order to create and retain quality employment opportunities and strengthen the local tax base." ...... "The IDA targets the industrial sector and will only consider other sectors if certain criteria are met." Once our elected Dryden School Board opted out of allowing the tax exemptions for solar installations (an action for which they should be commended) the appointed board of the IDA got involved and set up a PILOT (payment in lieu of taxes) program under which Sun8 will only pay a very small percentage of what they would pay in regular property taxes. 1. It is very disturbing that an appointed board essentially overrides an elected board when it comes to taxes. It could easily be argued that the elected board better represents the will of the general population of the majority of the town as they were elected, not appointed. TB 4-26-17 D R A F T Page 6 of 31 2. Sun8 and the town Board have been emphatic that these installations are not industrial solar. Why then is the IDA getting involved, as they target the industrial sector? 3. Mission of the IDA to offer economic incentives to Tompkins County businesses.... Distributed Energy/Sun8 is not a Tompkins County business. 4. Mission of the IDA to create and retain quality employment opportunities .....no long term jobs are being created for town residents. 5. Mission of the IDA to strengthen the local tax base .... Roughly $8 million in PILOT funds over 30 years is a joke vs the taxes that would be collected on assessed value of such installations. Some might argue that the PILOT funds are better than nothing; I would ask is that the price of prostituting our lands and community character? What appears to many to be the unnatural actions (such as creating landlocked parcels) that have been taken in an attempt to get these solar projects in our town, in locations to which a very significant number of residents and taxpayers have taken exception, is very disturbing in light of the fact that these actions have been taken by those elected to represent us. Representation is honoring the will of the people, not the elected officials exerting their arrogance that their chosen path is better for the people than what the people themselves want. I understand why people are questioning as to whether or not the members of the Town Board are living up to their fiduciary responsibilities. Unfortunately, it is easy to envision the law suits that people are talking about that may result against the Town Board and the IDA if these projects are approved in any semblance of their current form. Craig Scutt said he is a lifetime resident of the town of Dryden with many generations here. He also serves on the Conservation Board. Last night the Conservation Board spent nearly its entire meeting discussing these proposals and did so at its previous meeting also. The Conservation Board concluded after studying the documents and visiting at least the Dryden Road site that there is a lot of information missing. There are a lot of discrepancies between SEQR form as filled out and the reports. He doesn’t know how the projects can move forward under this circumstance. He doesn’t find fault with the report done by Tetra Tech because of the time of year it was done. There are many more birds and mammals there now than at the time of their report in the early part of April. Why are doing this in such a rush? The Conservation Board would like to see it pulled back, get more information and spend more time reviewing that information before any real decision is made. He asked how many board members have loved ones interred in the cemetery? One does. Tony Ingraffea, Lansing Village resident, said a few years ago the Town of Dryden voiced a shout heard around the country. You shouted out no to shale gas because you decided that it was a large scale industrial application throughout entir e town that would involve hundreds of wells drilled over twenty years and those wells would bring light, noise, and dust pollution, heavy traffic, hundreds of workers from Texas and Oklahoma, local air pollution and would exacerbate climate change. And you shouted no. As a town you now have an opportunity to shout yes because what is being proposed is not a heavy industrial activity that will involve the entire land area of the town of Dryden. It will be on two specific sites. Construction will occur in less than a year and be over with. There will be n o noise pollution, no light pollution, no air emissions, no air pollution and contrary to what fossil fuels would have done, you won’t be exacerbating climate change, you will be fighting against it. Climate change is accelerating. The latest data from NASA and NOAA say that seven years ago the prediction was that by 2017 global warming would have gotten to about eight tenths of a degree centigrade, a little over one degree Fahrenheit. It’s now at 2.25 degrees Fahrenheit. 3.6 is death to the world. We’re one degree Fahrenheit away from irreversible climate change. TB 4-26-17 D R A F T Page 7 of 31 Ed Wilson, Village of Dryden, said he is a supporter of renewable and solar energy. He worked in field for 40 years. He does not support this project. His concerns are costs and incentives. He has followed the town budget process and seen constant tax increase after tax increase over the last few years and are probably looking to see more. Even though this project will bring in $8,000,000 over 30 years, it is much less than without a PILOT agreement. He also understands the Tompkins County plan is for close 950 megawatts of solar installations in the county. If we start here with a PILOT agreement, the whole county will lose huge sums of tax of money. As we continue to see our costs rise, it is going to only exasperate those that are living here as residents. Here we are giving federal tax incentives or NYSERDA incentives from New York State to basically help support a project that is based out of Washington, DC. The transmission reliability improvements claimed are not true. With solar being an intermittent source of power you have to back up the whole system in case it’s a cloudy or rainy day. It makes transmission planning much more difficult. The environmental benefits are somewhat overstated because you’ve got to have some other thing there just in case the sun doesn’t shine. He has submitted a letter and his comments are online. Marie McRae, Irish Settlement Road, delivered a petition (attached) containing the names of many Dryden residents asking the board to continue leading Dryden in the direction of energy independence. By rejecting new fossil fuel use and embracing the production of power directly from the sun, you support, among others, low and moderate income residents who will be able to buy locally produced electricity at a discount. You move in the direction of blunting our effect on global warming. You provide a path toward the town, county and state goals of reducing carbon emissions. She read a sampling of the comments of the petition signers. Bruce Monger, 120 Etna Road, said he is an oceanographer at Cornell and teaches an oceanography class that includes a lot of climate change. It might be nice to take a step back and ask why we have to do this, why are we building solar. A COP21 Paris consensus statement signed by every single leader of every single nation on this planet said we have to take the planet to zero carbon emissions by 2050 in order to stabilize the climate below two degree warming and keep human society from disintegrating. New York State recognizes the need to transition; Tompkins County recognizes the need to transition. We are fast moving to that limit of crossing the two degree line. Every molecule of CO2 put in the atmosphere stays in the atmosphere for 10,000 years. Half is taken out by the land and the ocean, the other half stays. Effectively, the stuff we put in the atmosphere and past generations have brought us to this critical time of crossing the two degree warming limit or not. We are the generation of all the generations that have ever existed on earth; we are the ones that will make that decision. Once we cross, we cross for 10,000 years and we are approaching that very fast. We a re losing polar icecaps. In 2035 the polar ice caps will be ice free in the summer. Coral reefs will be stopped with emissions as usual in the next couple of decades. We are on decade scales. We are out of time. We have to move on this. If we do step up, and if we do rise up and we do transition to renewable energies, the next 10,000 year generations will thank us for this and we will be celebrated as the generation that basically saved humanity. That’s what we’re up against. Harvey Borchardt, Freeville, said the question is not will we have solar power or not. Almost without exception the people of this area are saying yes, we will have solar power. Are we going to have it now or later? The question is, is the project a feasible project? Can we make it feasible and can we make it work? That is the question ahead of us. The citizens of this area could be a shining light on the hill. They can lead the way and be a pilot project for other communities, throughout the region and throughout the United States. We have a choice today. You’ve heard several people talk about the fact that we are somewhat on the edge of climate change. What do we do? I hope you make the right decision. TB 4-26-17 D R A F T Page 8 of 31 Harmony Borchardt-Wier said she’s come to ask for approval of the solar project. She is proud to be a resident of Dryden and has lived here for 11 years and loves it here. One of the things she loves is seeing the solar arrays. This is the most solar friendly place she’s ever been and it makes her happy when she passes a solar array because we are l ooking at the future. We need solar. She understands some don’t want the project to go forward and complain about the aesthetics particularly within the cemetery. She would argue that it is not realistic to expect that things will never change. She would imagine that people had the same opposition when they tried to put Route 13 in. The busiest highway in the county runs past the cemetery as well. One could argue that it probably was just as much of an eyesore and had just as much opposition but it went through. We need to put the solar panels through. She believes it is the best site. She thinks they did assessments and these are the best sites. Solar power is the future of electricity. We need these alternative energy sources in order to combat global warming as people mentioned and is happening at a rate much faster than we could have predicted. We have to stop it now. We have to have solar in place of fossil fuels. She urged the board to consider the benefits the solar farm would give to Dryden, to the people, to the environment and to the future. (See letter attached) Kathleen Perkins submitted letters from residents in opposition (attached). She said she and others oppose it. They don’t oppose solar energy but the way it is being done and they want more answers. Kathryn Russell said she is an organizer for the Tompkins County Workers Center. She sees this issue also as a labor issue. With many fits and starts the labor force is shifting to a renewable energy economy. US Solar employed 260,077 workers last year, nearly a 25% increase in the number of jobs from 2015. That j ump was driven by a massive increase in solar installations. The jobs are not permanent jobs, but these are installations and that is what is increasing in our economy. The solar industry employment growth outpaced that of the overall US economy by 17 times. She is happy to hear that Distributed Sun has used unionized local labor in the past and urged them to do so in the future. Those in the labor movement want to see jobs that are lodged in the future, good jobs that we feel good about and are proud of. When considering our ancestors, those who came before us, we also have to consider our descendants. Graveyards are a symbol of the past; ones we must honor and respect. Putting that past in motion, however, we see that it , of necessity, moves through time into the future. This trajectory tells us that our generation must also look forward. She sees solar panels as a symbol of that bright, sunny future, and she wants to see these solar panels in Dryden. She is very excited about the project. Dave Weinstein said as Craig Schutt mentioned, the Conservation Board asked for more field studies last night even though the SEQR instructions specifically say that the completion of the full EIS will not involve any new studies, research or investigation. Essentially, they made a mistake. We have to be able to use reasonable biologists who are capable of assessing the habitats in the town and say, based on their experience of the conditions that species need, whether there is going to be a problem with any of those species. The Tetra Tech people are qualified. They have done that job and he thinks we need to put our faith in their ability to evaluate that. It’s the only reasonable way to go. If we are not going to use our knowledge as a predictor of where species will be a problem, then we are creating a standard for any of the projects within the town that may be intrusive to any of the developments. The Planning Board is currently looking at a 12 acre subdivision and as any biologist knows there is no relationship between the size of a place and the potential impact on species. So for every single project like that, if we follow the Conservation Board’s plan they put forth, we need to do a full analysis of sending people in the field into June. Even if the proposal is coming in September, we would need to have the applicant wait until the next June before they could really submit a proposal. TB 4-26-17 D R A F T Page 9 of 31 Art Berkey, Ellis Hollow Road, said he is a little surprised we are having public hearing tonight when all the data isn’t in so he can look at it. When he submitted a proposal for a building permit for a new garage to replace a structure, he was told he could wait 45 days. He is not opposed to community solar; he thinks it’s a good idea. However, he thinks, like in other things, the public should get its fair share of the profits that may come from this. He doesn’t believe it will happen under the present proposal. His understanding is that the company is a privately held corporation and their financials are not readily available. He thinks that screening is important. Our representative, Martha Robertson, told him the reason she doesn’t have it is because of the trees. She doesn’t want the trees cut down because it will change her view. He thinks people’s views are important. He asked who on the town board has solar. Two board members do. Michael Pitzrick, 9 Meadow Lark, read from a statement by Dr Steve Kress: Statement regarding proposed Dodge Road Solar Farm The warming of our Earth is the single greatest environmental threat of our time. It is difficult to appreciate this because the effects are not obvious from day to day, but they are there all the same, as evidenced by the extreme melting of polar ice, ocean level rise and the increased frequency of super storms. Plants are responding to our warming climate by blooming earlier. About 50% of North American land birds have shifted their ranges northward in response to this warming, a trend that will lead to reduced ranges and h abitat for most. Likewise, seabirds are finding less food as oceans become warmer and less productive. The burning of fossil fuel and the release of carbon dioxide is the primary reason for climate change. Reducing our use of fossil fuels is the most direct way to slow this threat. I visited Dodge Road recently to see the Norway spruce plantation which I understand needs to be reduced as to not shade the solar farm. In my opinion, this monoculture of spruce provides little valuable bird habitat and that the birds that use it would still have ample habitat if the plantation was reduced by the several acres necessary to reduce shading of the solar farm. It is important to weigh the impact on this habitat against the measurable benefits of the alternative ene rgy provided by the farm. The solar farm proposed for Dodge Road is an opportunity to take local action for a global problem. It will make a statement that our community is committed to moving away from burning fossil fuels and toward sustainable energy. If not, future generations may well ask why we did not do more when the facts were clear. Steve Kress VP for Bird Conservation National Audubon Society Buzz Lavine said a lot of Dryden residents want bucolic lands around the cemetery and that is understandable. But what we have to keep in mind is that what’s beneficial protection for some landowners isn’t necessarily beneficial for the town as a whole. Moreover, neighboring private landowners have a big say in the matter. Just ten y ears ago the same parcel now being considered for solar panels was leased for fracking, which indeed is a heavy industrial use that truly would have disrupted with all of the impacts that Tony mentioned earlier. By comparison, solar panels are benign. They’re low impact. They help us avoid global warming and they are removable, leaving the land for our kids and grandkids as usable for agriculture in the future as it is today. We should think about that. We should also think about how the town should go about managing land use. The recent history of land use management in the town has been based on hard headed realism. The decision to ban fracking wasn’t just about tree hugging environmental protection. It was based on a hard headed, forward looking realism which we can now see has been proved correct. Look at Pennsylvania, North Dakota and other states and see the despoliation left behind in the fracked communities. They went from high boom times to now very low bust TB 4-26-17 D R A F T Page 10 of 31 times, with their lands despoiled for future generations. The decision here today should be made with the same hard headed realism we used then, looking out for our kids’ and grandkids’ future. Their future depends on our developing lots of solar right now, without delay; and these few sites are essentially all that are usable to do that. (statement attached) Brad Perkins, President of the Board of Directors of Willow Glen Cemetery – said he isn’t going to try and debunk solar. (statement attached) He gave some materials to the Town Board for review and to think about: o A booklet by Finger Lakes Land Trust that talks about farmland being used up, taken away from us, and the need to preserve our farmland. o The town of Dryden Local Law and whether we are following it here. o Pictures of a solar project that went awry and plant life growing on and between the panels. o A piece that talks about the merits of having a good decommissioning plan. o A piece about a new battery patent that will make the grid the backup source of power in the grid if you have home solar and generate solar at your home and use it at your home. You store it in this battery and during the night when the solar panels aren’t working, it will take the power out of the batter. Very, very interesting. o The Right to Farm Law that shows the preferred use of this land is to remain farmland. o A piece that talks about how to develop a good solar plan. What we’re dealing with doesn’t match what this gentleman recommends. B Perkins noted that Willow Glen Cemetery has made an offer to Sun8 to find something that would be agreeable to the cemetery and is hoping they will take that. They’ve also taken them to Caswell Road and shown them a parcel of land there owned by County that could be a solar farm and it’s close to the substation. Sarah Osmeloski said these proposed solar plans are just in the wrong location. There are significant drawbacks to both sites. Most of these drawbacks have already been pointed out and discussed. The reason why these projects are sited in inappropriate locations is money. Just because of distribution issues with our power grid, Distributed Sun claims it would cost much too much money to site these solar farms in more remote locations. So the residents of Dryden are being asked to pay for these power pl ants by sacrificing our view scapes, our soul-soothing vistas of the Willow Glen Cemetery, our recreational areas, our carefully studied wildlife habitats and endure encroachment on our homes. All simply because Distributed Sun doesn’t want to pay for properly locating these projects. That’s just wrong. No resident of Dryden should have to sacrifice anything to these solar companies. This Town Board should be working with Distributed Sun, NYSEG, the state, whomever, so that upgrades can be made to the electrical grid to accommodate solar farms away from our neighborhoods and where we live. The board should not be trying to convince us that these are good locations because they are not. This board has no trouble telling a developer they need to install heat pumps in their project, and they offer suggestions so that they can afford to do so. This should be no different with Distributed Sun. The Town Board needs to work with them to find funding so that these solar farms can be installed in the right loc ations. We residents can have it both ways. We can have our neighborhoods intact and have solar power, but this board needs to get off its duff and work this problem out. That’s what Town Boards are supposed to do. Joe Osmeloski, 2180 Dryden Road, said he was going through his barn and displayed an old election sign. Since he’s won the Dryden lottery and is getting a solar farm and a cell tower he’s started defacing the other side from Protecting Dryden to Destroying Dryden. He said the Town Board is going to make a decision, but this decision should be made by residents. He suggested that the matter be put to referendum and let everyone in the Town of TB 4-26-17 D R A F T Page 11 of 31 Dryden vote on that. He worries if the board makes a decision that he is unhappy with, he’s going to be upset and he will probably be putting his destroying sign out . If you make the other decision, he’ll be happy and put the other sign out. That’s not fair to both sides. This is a Dryden issue and everyone in the room, no matter how they feel, should have a vote. He knows that might undermine the Conservation Board, Town Board, Planning Board, etc, but this is such an important issue. His proposal is that everyone in the town gets a vote, not just the five people on the board. Jonathon Comstock said he was present here last night making a Heatsmart presentation. This is a program trying to help people convert their home heating to electric pumps, away from fossil fuels. One of the things that people don’t always understand is that as we go into a renewable future, we don’t just need to replace the power plants we have right now. We need to electrify all of the major sectors of our economy that produce emissions. We need a tremendous amount of renewable energy to support that. He’s heard the proposers of this project have taken very extensive steps to meet the requests and concerns of the community, and we need to go forward with renewable energy. We don’t have time to waste. We don’t have ten years to go round and round and round and keep this in committee. Please approve the project. Mary Alice Kobler said this is a really big issue. She’s here because she decided to be poor and happy a long time ago. She lives in small house, has grandkids, has had a beautiful life and she will be dead and gone and they are going to inherit this mess. Everyone on Dodge Hill is breathing the air of the Borger Ellis Hollow compressor station. It’s all in the air and you can’t see it. You either get solar panels or you get a compressor station built out that is going right into the wetlands and that hasn’t remediated their past follies. What we hear is that those areas that weren’t able to be remediated are healing naturally. Please. So we’re either going to get Borger compressor stations and Dryden pipelines or we are going to put in solar, and this is about our kids, and our grandkids and every living thing on this planet. We’ve got to do it and we’ve got to do it now. Joel Harlan said he agrees this is a state of the art scientific future and he is for solar. He’s been to thousands of meetings in this community about making changes and everyone that’s against it, do your homework well. It comes out to be same lame duck excuses to stop the project or send it to some other property which will have the same thing that’s going on now. Be glad. Look at what went on in Enfield with wind power. They tried to stop it, but they finally approved. Now he’s here. He’s been to county legislature, this town, Lansing, Village of Lansing and the City. Ithaca will be running out of room shortly. He proposes to bring development up here. Now he sees what needs to be done. You need affordable housing also. He told the Ithaca City Mayor that a lot of people don’t want to come there and live in a rat race. They want to live in a nice, cozy, quiet area up on a hill. You’ve got to think of affordable housing. You can work around the farmers and work around Cornell land. Build it all in the woods and get this valley like Big Flats or Horseheads and make a silicon valley off these colleges around here. It will help Cornell, Ithaca and Cortland at the same time. Ken Miller said he owns a fair amount of land on Virgil Creek. One of the things that they keep touting is that they are going to put up these hedgerows. They are going to cut the roofs off the trees in order to put the big ones in. That’s going to take a long ti me for them to grow. You’re going to see these panels for a long time. He’s not against solar and likes to see it on everyone’s roof that wants it there. But not out in the farm fields. He has been approached by another outfit. They want 50 acres from one parcel and about 16 acres from another. They won’t pay hardly anything. He thinks solar is the way to go – on your own place. Not on farmland when the town has a comprehensive plan that says we want to see open space. The farmers fought against that because they may need to parcel off a little piece in the bad times. The other thing that bothers him is that they will put these corridors in and keep the wildlife out of these projects, but where are they going to go? They are going to go to the farm ers TB 4-26-17 D R A F T Page 12 of 31 places more than ever. He lost 12 acres of beans this year to wildlife. Not only will they come and bother the farms, but there will be porcupine, squirrel, and raccons invading your houses. They are going to have to have some other place to eat. He is against this project, but is not against solar. Bonnie Scutt, Freeville, read portions of the following statement: I spoke at last weeks Town Board meeting on April 20th regarding the remains of an Indian Longhouse that had been found at Willow Glen. I received some clarification and documents regarding the site from the Archeological Facility at Binghamton University. I would like to read some excerpts now. In 1997, the Public Archaeology Facility completed an archaeological survey for a NYS DOT project along NY 13 in preparation for widening the road. During that survey, a prehistoric site (the Plus Site) was identified to the north of NY 13, east of Johnson Road and west of Willow Glen Cemetery. Excavation trenches found artifacts and stains in the ground referred to as cultural features. There were 6 prehistoric features, 5 post molds, 13 possible post molds, and several other soil stains. The artifacts recovered included lithics, pottery, animal bone, botanical remains, a polished stone adze, a chipped shale/sandstone tool blank and fire- cracked rock. In 1997, the New York State Office of Parks, Recreation and Historic Preservation determined that the Plus Site was eligible for the National Register and a final excavation took place. The Public Archaeology Facility submitted the report to the New York State Museum and DOT in January of 2000. The feature has been dated to the time period (A.D. 1350-1400). This site was very important to our understanding of Iroquois settlement-subsistence patterns According to the State Historic Preservation's online estimation of archaeologically sensitive areas, any area within one mile of the Plus site would be considered likely to contain a similar archaeological site. If the commercial enterprise you are referencing needs any state or federal permits, then they will be required to conduct a professional archaeological survey of the land they will be disturbing. The law does not prevent a project from happening. What it does is require the deve loper to go through a series of steps to determine if sites are present, evaluate the significance of any sites found, and mitigate the adverse impacts to a site either through avoiding those impacts or excavating the site prior to damage. I’m not sure if the development behind Willow Glen requires state and federal permits or not. I believe the cell tower does because the nature of business they are in. However, each and every one of you on the Town Board – Jason, Dan, Kathy, Debra, Linda and the County Board – Mike Lane, Martha Robertson were elected to represent not only the constituents of the Town, but the very Town itself. Many of you ran on platforms to “Protect Dryden”. Well, this is your chance to protect for the posterity and heritage that is Dryden. Whether Federal or State permitting is required, it is your duty to make sure that the land that sits within the 1-mile radius is handled with due care and that an independent Professional TB 4-26-17 D R A F T Page 13 of 31 Archaeological Survey of the land will be required; and that IF anything is found, it is properly excavated, photographed, and documented through the proper archaeological channels to preserve the heritage and history for future generations to come. Please do not ignore Dryden’s past as you struggle to fin d an equitable way to move forward. Thank you. Kimberly Anderson read a letter from Dr M. Todd Walter, Director of NYS Water Resources Institute: We are pleased to provide this letter of support for the solar development project in Dryden led by Distributed Sun on Cornell lands. The New York State Water Resources Institute (NYSWRI) would use the possible installation of solar photovoltaic cells as a n opportunity to research and increase our understanding of the impact of solar infrastructure on local hydrology. We see this as a chance to explore an important and interesting and scientific question, as well as to serve the local, state and regional community by collecting, synthesizing and interpreting information on water resource issues of emerging interest. Should such research move forward, we are commited to discussing our work, sharing our findings, and engaging with the local community in order to fram hydrologic data within social, economic and policy contexts. We’d be happy to hear from you and other community members should questions or interest arise. She added as a mother of a three year old and a member of the Ithaca community for the past 14 years, she has family and friends in the Dryden community, she spent a lot of time in imagination land with a three year old and if we are considering a vote, to do a vote ages three and up because she would assume that they would have opinions on this as well. Maybe take a vote the fish, the coral reefs, children in Viet Nam. There are a lot of people being impacted beyond Dryden. Christopher Barth lives near Dryden Lake Park. He is impressed by everyone and both sides of this argument. He agrees with a lot of the people. It’s more personal for him because he’s moved to a little ranch and changed all his light bulbs to LED and turns off all the lights. When they look at their NYSEG bill, the delivery charge is 125% of the electricity actually used. A little bit of competition is not going to be so bad to see. They went to the town clerk the other day and got a dog license, a fishing license and a marriage license. They will be married at Dryden Lake Park in June. The clerks were awesome. He sent an email today and Bambi was out of the office, but Erin still forwarded the message to the board. He was impressed that he could find all of the town board members emails directly on the website. His email basically says that we should support solar so there is a bit more competition and we are a bit more friendly to the environment. He has faith in TG Miller and David Herrick. Support this. He’s happy to be a neighbor. Mike Lane said he probably not going to make anybody happy and that’s where he wants to be. Some are right on each side, and some are not so right on either side. We are talking about something that ought to be compromised. No one is against solar. Solar is a good thing. For those who are climate deniers, you are wrong. For those who believe that if don’t do everything possible with solar right this minute, you are probably wrong, too. But we need to be careful. We need to think about people, our community. For those who want to politicize this, you’re wrong. This is not a political issue. This is something we all ought to do. The Town Board and town Planning Board should look for the compromise. They should look TB 4-26-17 D R A F T Page 14 of 31 at whether we need to divide this into as many parcels. They should look at whether there can be changes to the configuration. He’s seen some olive branches on both side. I’ve heard the cemetery talk about the possibility of coming to some agreement if there was some change in the footprint of this. He’s heard the developer offer a lot of olive branches with the screening. He wishes more of our projects (commercial particularly) spent a little more time on the screening. He’s thinking of the storage facilities we see now. He thanked the devel oper for talking about those kinds of things. He thanked the people here talking tonight about the need for solar power. He thinks they are right. Do the compromise. Judy Pierrepont, Pleasant Hollow Road, read the following statement: I think it is our responsibility to leave a livable world to our descendants. My interest in supporting solar arrays in Dryden is solely to contribute to mitigating climate chaos. Generating electricity without producing more CO2 is a direct way we can do this. The panels are a benign type of development: They are silent, non-polluting, do not use precious water or burn fuel, do not increase traffic or the school population. There is economic benefit to the landowner and the Town. While there is still a chance to avoid the effects of climate change, Dryden is doing the right thing to encourage solar energy. I want to connect up what I wish for the generations coming after us and what I believe my own parents and ancestors would want me to do in this situation. My parents did all they could to make sure that I had the health, education and opportunity to live a decent life and they would want the same for their descendants. My parents and ancestors are buried in a rural cemetery in the middle of a busy, once i ndustrial city—Worcester MA. I go there from time to time and appreciate that it is a peaceful, beautiful place, all the more so in that it is in view of the decommissioned factories that once sustained them. Gathering with living relatives, we remember their love for the family, their striving for our benefit, whether they knew us or not, and their effort to make a livable world. More than their own peaceful repose or the view from their plot, I think they would want to know that we are sustaining a livable world for those coming after them. I do not want their striving and belief in the future to be in vain. Our generation’s biggest challenge is to sustain a viable future. Climate change is happening already, and worse effects will be unavoidable if we don’t take action. The effects are economic and health -related, as well as just plain hardship. You can’t grow the food the population needs in conditions of drought, flood, extreme heat, irregular swings between heat and cold, or extreme weather ev ents. The breadbasket of the US is already in drought. Food prices go up when it is harder to produce. The end of cheap food will put pressure on people’s finances, on the whole economic system. Without water or security, farmers will find it hard to s tay in business. There is the possibility of collapse at some point. In Syria, farming lands were covered in sand during years of drought; climate refugees from former farming communities first flooded Syrian cities, then with wars over resources, they started moving towards Europe. Fish and animals do not thrive in warming habitats. Neither do human beings. The reason for solar panels is to try to offset the carbon load of burning fossil fuels that leads to warming. I am honoring my ancestors by trying to cut CO2 emissions so that their descendants will have a chance to enjoy this world. Tony Salerno, Simms Hill Road, read portions of the following statement: My Name is Tony Salerno. I am a 48 year resident of Tompkins County. My wife and I are 30 year residents of the Town of Dryden, the last 19 years on Simms Hill. Dryden is our home. It is where we have decided to raise our children and, so far, they have stayed here and begun to raise our grandchildren. We are involved in several local community organizations and we care deeply for our neighbors and this community TB 4-26-17 D R A F T Page 15 of 31 Since I first heard about the proposed solar projects, I have been doing whatever I can to be as informed as possible. Attending meetings, following various social media outlets, news stories, letters to the editor, presentations, on-line research and direct conversations with town officials and representatives of Distributed Sun. I did this because I generally support solar and alternative energies but also had concerns about how these projects were unfolding. I, like some who oppose these projects, have been critical at times of this town board for seemingly not allowing much needed commercial development that will expand the tax base and provide some property tax relief to residential and agricultural taxpayers. This tax base expansion is especially needed within the borders of the Dryden School District One thing I have come to know is that there is a lot of good information available. I have spent many hours researching points both for and against these projects. From the community, many good questions h ave been asked and concerns have been raised that have resulted in positive changes to these projects. I completely understand some opposing positions and agree that opposing views must be taken into consideration. That is the way this process is supposed to work. I have found the town, county and vendor representatives responsive and open about the process, the projects and what exactly is being done. Every question I have asked of them they have answered. I applaud them for their transparency. Unfortunately, there is a lot of misinformation out there as well. Some opponents would like us to believe that photovoltaic solar panels are bad for the environment, that these projects will destroy our community and that they will have no benefit. While those most affected by these projects have legitimate concerns as do members of the community at large, much of the remaining opposition is reaction to a politically motivated campaign. I am not going to take my short time here to go through all of the details. Suffice it to say; • There will be no razor wire (there was never going to be) • They are not going to use industrial chain link fencing. • Nothing is being done to avoid regulation by the PSC • The cemetery is not going to be surrounded by solar panels so high you cannot see over them • These solar installations are not going to create energy poverty in Tompkins County. • These projects are not taking anything away from our schools. • And, these projects are not going to open the flood gates leading to a town comp letely paved over with solar panels and devoid of farm land. The benefits of solar energy plentiful and well documented. These projects will allow Dryden to be more energy independent, Allow the state and county to meet green energy goals, provide access t o clean energy to the local community AND, They will add approximately $8mil over the next 30 years to the tax base without generating additional traffic, noise, movement, emissions or other drains on local services once constructed. I am told the current proposed PILOT agreement would put Distributed sun in the top 1% of county taxpayers. In conclusion, considering the changes made to these projects In response to resident's concerns, a PILOT agreement at the current proposed level (or higher) and the many other benefits of clean energy production, I urge the Town Board and all others involved to do the right thing. Do the right thing for Dryden Taxpayers. Do the right thing for our community, local and beyond. Do the right thing for our children and their future. Please vote in favor of moving these two solar projects forward. Thank You Ann Leonard said she lives on Hammond Hill, in the middle of Hammond Hill State Forest, and has lived in the Town of Dryden since she was 13, and read the following statement: TB 4-26-17 D R A F T Page 16 of 31 My husband and I have three sons all of who live here in the town of Dryden with their wives and our 8 grandchildren. In addition to our entire family living here, my husband and I built and own 10 duplex apartment building all in the Town of Dryden. I feel I have somewhat of an outsize stake in seeing to it that our kids and our rental families have a healthy world to live and grow up in! I believe that starts with using renewable sources of energy that are available to us today. My family has a 15 kw solar array which we had installed in 2015 by Taitum Engineering. For those who are unfamiliar with size, just think "large." It completely powers the energy needs of our family of seven. We initially thought the payback period would be about ten years, it looks currently like it will be more like 5 years. It feels fantastic not to be relying on coal fired or nuclear plants for our electricity anymore. It feels great to be a part of the solution, not a part of the problem! What our solar array does NOT do is: 1) ruin the view... quite the contrary, we more often hear how great it is to see it there, knowing it is helping the planet. Since we allow people to recreate across our lands, it is seen by a great many people. 2) pollute our water or our air 3) blow up our well (thank goodness, as the kids' sandbox is right next to the well!) 4) require our neighbors to allow a pipeline through their front yards 5) generate a single negative comment Actually the only comments we have gotten is Wow that's great I wish I could do the same, but the roof is not right, the space is too small, or I rent. These people should have access to the same positives that we enjoy, and that I why I feel a solar project like the one proposed fills a very real need. The grass grows under the array, (what a great place for sheep to graze! such a great idea) the wildlife doesn't find it scary at all, it makes no noise, it does not pollute, there are no unpleasant disturb ances. In fact it makes a lovely QUIET peaceful neighbor. Bob Watros, Treasurer of Willow Glen Cemetery, said they have a number of concerns. They are not opposed to the solar energy aspect and are looking to develop some kind of a rapport where they can reach a compromise relative to their concerns. He submitted the following statement with respect to cultivated farmland behind the cemetery. He said Mike Lane made a very good point that they are looking to reach an agreement. They aren’t necessarily an opponent of the proposal. Re: Local Solar Energy Law The Town of Dryden has enacted a Local Law concerning Solar Development which cat egorizes solar development into three groups. The group with which I am concerned in this proceeding is Ground -Mounted Large-Scale Solar Energy Systems. These are substantially governed by section 5 paragraph F of said law. Of special concern under the law are prime farm lands, areas of potential environmental sensitivity, historic sites, and wetlands. Section 5 (F) 2 (a & b). All four of these categories are either on site or adjacent to the proposed site. A Native American relics site, Willow Glen Cemetery, an artificially bifurcated wetland, and the existing farm on which it sits. The impacts on these four areas have not been sufficiently examined nor any substantive mitigation procedures proposed in the application. The solar development law also requires, among other matters, that the Industrial Solar Development Site be "designed and constructed in a manner which minimizes the visual impact to the extent practical." Section 5 (F) 3 (b). The proposed Project seems to make little attempt to minimize the visual impact either practically or otherwise, all contrary to said law. The impact could easily be mitigated by the simple step of eliminating the two most southern parcels from the project and moving a third parcel's boundaries behind the crest of the ridge shown in the application. Yet no proposal has been submitted or offered. TB 4-26-17 D R A F T Page 17 of 31 As proposed, this Industrial Solar Development will affect existing cultivated farmland and the unique visual benefits of the area affected. A complete and comprehensive Environmental Impact Statement is required by under these circumstances. For these reasons I submit this statement in opposition to this Industrial Solar Project as currently proposed. Kris Cail, Ulysses, said she has been doing a bit of work around community solar with a small consulting group from Ithaca called DE Squared (Distributed Energy Distributed Equity). She and her colleagues are in favor of this project. It seems to be very well planned. They are aware of the context in which it is happening. The Town of Ulysses currently has two community solar installations and they are working on a third. They also have an active group in South Seneca and several municipalities are looking at community solar there. They’ve run a lot of numbers and those folks who think the PILOT isn’t needed should recognize that the IDA is intending to offer those PILOTS throughout Tompkins County and there definitely are other municipalities that are more than willing to take the extra taxes if you want to hold out for a higher amount. Obviously people decide where to put solar installations and have budgets to meet. She is the Treasurer of Green Star Cooperative Market and they recently put in a remote solar installation in Newfield. She is pretty familiar with what these th ings cost. She would recommend that you go with the PILOT because you do reach an upper limit and you can’t have a project. Martha Robertson thanked the Town Board and acknowledged it is a hard position and there is a lot of homework. She supports both the Ellis Tract project and the Dryden Road project. To correct misinformation, she said it is Snyder Hill that shades her roof, not any trees. To Ken Miller she said many of us cannot have solar on our houses. This is how we can have solar. With respect to the IDA, five of the seven members are elected officials. If solar got a fraction of the subsidies that oil and gas has gotten for deca des and still gets, then they wouldn’t have to have an IDA PILOT at all. She read a portion of a letter from Peter Davies, Chair of the Conservation Board. This is his personal view: Solar is silent, and as such an excellent surround for quiet reflect ion in a cemetery. This is a far cry from noisy industrial uses (such as fracking or a gravel pit, or light industry) or residential development. She said she drove her past the cemetery on her way here and realized hundreds of headstones are not far from Route 13, the busiest road in the county, and lots of people think that should become a four lane highway, not just a two lane. She can’t image that that’s not far more disruptive to any kind of meditat ive reflection than these silent solar panels will be. She really thinks this is important. All graveyards don’t have a view. Is every developer going to have to figure out whether they are in view of a graveyard in the Town of Dryden. She hopes the board will support this. It’s a great project. Charlie Smith said he has been a resident of the Town of Dryden for more than 40 years. He has studied birds, other animals and plants outdoors for more than 60 years and published the results of his studies since he was 18 years old. He is supportive of solar power and wants to be clear about that. But he does have some q uestions and comments about information included, or not included, on the full environmental assessment forms for the two sites. He says this in spite of recent written attacks from colleagues for asking such questions and expecting them to be answered. Both site descriptions have failed to identify at least six publicly accessible nature preserves within a five mile radius of the sites. Please identify those sites in your future studies. There is an unreported dump site near the north boundary of the Dryden Road site. The dump appears to contain plant materials, some construction debris and TB 4-26-17 D R A F T Page 18 of 31 possibly toxic substances. Please examine t hat dump site. For the Dryden Road site, four kinds of trees are proposed for screening. One of those, a cultivar of eastern red cedar, is a favorite food of whitetail deer. Another, vanderwolf’s pyramid pine, is a cultivar of limber pine, found in the Rocky Mountains at elevations of 5,000 to 10,000 feet. Deer will stand on their hind legs to reach and browse their favorite foods. How does that kind of browsing affect your screening models, and can another tree be planted that is native to New York? Finally, how will weeds and woody plants not eaten by sheep be controlled over the lifespan of the solar arrays? Thank you for your time and attention. Steve Tanksley, Bridle Lane, said he fully supports this project. He’d be very proud to have solar in his home town. He has four children and two grandchildren. He thinks as you get older you get more philosophical and think about them and the people that come after them. He thinks we owe it to them and those who come decades and centuries after us, to provide a sustainable clean energy source. We’ve had more wars around the world fought over control of energy, oil energy, petrol energy. Solar energy is everywhere. It is the least polluting energy there is. It’s a natural energy that heats the world. It provides for agriculture. It has no greenhouse gases associated with it. It doesn’t contribute to groundwater contamination. It is something that we can proud to leave our children. They will have a sustainable way to live. There’s always details about putting something in and getting everything right, but if you wait to get everything right for every project, no project goes in and we’ll leave a destitute world for our children and our grandchildren. Please approve this proj ect with all haste. Brian Magee said he has worked with sheep in this area for 4 years. He displayed one of the invasive plants that we find coming up through wetlands and through streams. There are native plants such as nettles that the sheep won’t eat. This Japanese Knotweed (displayed) is at this size already this spring and will definitely grow up over solar panels. Sheep won’t touch it. So if we have solar panels in where it is difficult to get in and mow or do anything other than have sheep there, it won’t make any difference to this invasive species. He lives about a mile from Craig Schutt and worked at Cornell’s Teaching Research Center. Whenever pesticides were being sprayed with Cornell, signs went up all over warning people of what was going to happen. Now there is an industrial dairy in there farming the Cornell land and last summer he and Craig saw they were aerial spraying and there was no warning. No need to do that because they’d gotten permission to do something like this. He can imagine if people were in the cemetery and the drift were blowing over them what might happen. Jacques Schickel said he knows the town board wants to be very virtuous in what they are doing. In his opinion the board is engaged in modern day colonialism, which is a from of racism. By exporting all of the pollution happening in China to produce these solar panels and then you import them into our country, and you feel like you’re saving the environment. There’s been talk of the monoculture of the spruce forest. These solar panels are much more of a monoculture. He thinks it is ironic. Chuck Geisler, Ellis Hollow Creek Road, said he is pleased to be here and thanked the board for hosting this series of sessions where they can address a variety of issues. He is very much in favor of both projects. 1 – He believes this is a substantial windfall for the town. A quarter of a million in tax benefits the first year and 8 million dollars over the life of the project. T hose are not peanuts and the costs are minimal. We aren’t talking about snow removal, volunteer fire having to be there, water and sewer. So the costs are minimal and the tax flow is significant. TB 4-26-17 D R A F T Page 19 of 31 2 – Project buffers. Many who oppose the project refer to visual impacts. If the fracking pad that Buzz Lavine brought up earlier had gone in we would have a lot more to deal with than just visual problems. The same with a massive hog farm, a gravel pit, a graveyard for old cows. All of these things are possible in our town under existing zoning. Quoting Cormac McCarthy he said “You never what worse luck your bad luck has saved you from.” Cor Drost, Hickory Circle, longtime resident of the area said he supports the solar project. This is a necessary step to leave a sustainable world to the next generation. He drives twice a day past the solar farm north of the airport. Those of you who think this has a detrimental impact on the environment should drive there again and again. It is very well hidden from view if you don’t like this solar use of the land. It was done by the same group with very little impact on the environment. In comparison, the same 29 megawatts would require ten three megawatt windmills. It would have a huge impact on the bird life, a lot more than the solar panels would. He is not a homeowner that thinks because he owns two acres of land in Dryden that he can prescribe to all the other landowners what they can and cannot do with their land. This is a business decision for them. Our concerns are expressed in the zoning and rules and regulations that we have. It’s the board’s task to review it and they do a fantastic job. He urged the board to stick with that and not hold a public referendum. Cliff Kraft, West Dryden Road resident, said many have talked about looking forward and he wants to look forward to the fact that if we continue to have this discussion with care and respect, we’ll be showing something in this community that we no longer see in polit ical debates in other parts of this country. He hopes that we can do this without acrimony. He thinks it is a personal dilemma in considering this project. He teaches environmental science at Cornell University and he talks about energy and environmental dilemmas that we have. Many people who have spoken against this project are people that he knows and has respected in his 19 years of living in the Dryden community. He feels the dilemma. It’s a big challenge that we all face. We face this choice. The fact that forms his decision in favoring the project is that in order for New York State to reach the goal of 50% renewables by the year 2030, we’ll have 250 square miles of solar panels in the state. There will be a lot of cemeteries that will have solar panels near them. He cherishes the rural landscape around Dodge Road because it is so close to Cornell, but we are going to be facing these dilemmas. We are all going to be facing these choices. The fact is carbon dioxide and methane are greenhouse gases. Humans are responsible for increasing those emissions. We face a future where we are going to have to do something about this. He thinks if the Dryden board approves this project, we will have a future that is brighter than the skies he grew up in the urban industrial city that he comes from. He encourages the Dryden board to approve this project wi th care and respect. Bruno Schickel said he thinks this project as currently conceived is ill-conceived. You changed the zoning to allow this sort of thing anywhere in the town with a 50’ setback. Dryden is 100 square miles. There are lots of places that it can go without the oversized impact. He went to the site behind Willow Glen Cemetery near the shed and help up a 2” x 4” with a cross T on it 16’ high. It completely eliminated the horizon that you see from that cemetery. So there is a 20 or 30 mile view looking to the north and it goes away once the screening goes up. They are talking about planting trees that are 16’ high and that goes away. That’s a big impact. That’s a 16’ 2” x 4”. Is it really too much to ask to protect the views around Willow Glen Cemetery. When you get right down to it, is that too much to ask? There are lots of areas in this town where this can go. There is a significant impact. We need a full environmental impact statement done, and he thinks it needs to be rethought. We should not have this impact in Willow Glen Cemetery. COMMENTS ON ELLIS TRACT TB 4-26-17 D R A F T Page 20 of 31 Janis Graham said she loves the idea of olive branches and comprising. Cornell hasn’t been compromising. There is a lot talk of Dodge Road which is where she lives. A lot of things she mentions wouldn’t be problems if they scaled it down or moved pieces of it. All of them on Dodge Road could probably live with half of this project, maybe even two-thirds. SEQR regulations say there are specific things that are considered to have a significant impact. The removal of large quantities of vegetation or fauna. The Ellis tract plan requires 37 acres of trees to be cut down. It also requires areas of ecologically sensitive wetlands to be covered with panels. There is going to be habitat removal, beautiful shagbark hickories, oaks, and that monoculture which is actually really beautiful, even if it is a monoculture. She’d like to note the fact that there is a mountain of materials and a mountain of inconsistencies. In the LEAF in one place is says there are 8 acres of wetlands and in another it says there are 10 acres. In the Tetra Tech habitat survey it says they’ve asked for lots of additional information and that the requests are in the addendum. There are no requests in the addendum and there are no findings either. The stormwater pollution protection plan states the arrays “won’t be built within the delineated wetland boundaries.” This is in direct contradiction to the site plan drawings which show arrays in the wetlands and to information LEAF. How can a pollution protection plan be protective of the sites ecology if it is based on wrong information. The LEAF also provides unreliable protection of the sites environment with the earth screws. She has put that in her letters because the SWPPP says they may not be able to use earth screws because they haven’t done a full investigation. Robert Kuehn, Ellis Hollow Road, said it also bears mentioning that 50 acres of farmland which the LEAF states have highly productive soils will be covered with solar panels. Although the new Dryden solar law is written in such a way that there is an exception to just about any rule, it does state ground mounted large scale solar energy systems shall not be located in prime farmland soils. He said there no was no mention made in any studies or maps about wetland until he showed up with some photographs at the meeting at the Ellis Hollow Community Center. The next morning he met with Bharath and brought him a pair of boots because he knew he was going to need them and marched him through. Four days later he went down the road and saw Tetra Tech. Information has been withheld from us all along the line. So now Tetra Tech comes and he spoke to the two men. One of them laughed when he was told they were going to put solar panels in and said it was ridiculous. Two men were doing the cemetery and this for two days and came up with a report about four or five days later. This is wrong. How can two men study the wetland properly and the animals that are there. They can’t. It’s ridiculous. Information has been withheld. This is not honest. Carrie Brindisi, Turkey Hill Road, read the following statement: First, I would like thank Bharath Srinivasan from Distributed Sun for meeting with landowners, listening to our concerns and making some alterations to the proposed plans. As a landowner with property directly adjacent to the proposed solar fields along Turkey Hill Road I want to express both my support for and concerns with the proposed project. The need for clean energy is clear and I commend the Town of Dryden for embarking on the project but believe large scale projects like this must be undertaken with extreme care and attention to detail. While other citizens will no doubt comment on the need for renewable energy and the many benefits of solar power, I urge the town board to strike a deal in which all three parties, the town of Dryden, Cornell University and Distributed Sun benefit financially. It is clear that the development of the solar array will benefit Cornell University and Distributed Sun economically. Cornell University has stated that the land in question is currently underutilized, by leasing this land they stand to collect significant leasing fees and car bon offsets that can be TB 4-26-17 D R A F T Page 21 of 31 applied to their sustainability initiative while Distributed Sun captures and sells the energy for a profit. As you consider all aspects of this project do not pass up the opportunity to negotiate reasonable financial compensation for the Town of Dryden. As a landowner living directly adjacent to the Ellis Tracts along Turkey Hill Road, I feel compelled to remind the Board that there have been significant errors in documentation that are deeply troubling to me. While many of the errors have been rectified by Distributed Sun some still persist in the documentation. For example, on April 10th, a contractor surveying the Turkey Hill area for a wetlands study trespassed onto my property carrying a map that indicated the land was owned by Cornell University, it is not. Additionally, the most recent Ellis Tract Boundary Document (posted to the town website in April 14th) contains incorrect land ownership of several privately owned parcels along Turkey Hill Road. Moving forward, Distributed Sun must ensure that correct documentation is disseminated to all contractors working in the area so we can rest assured that our land will not be accidentally or inadvertently disturbed during construction. Beverly West, 1214 Ellis Hollow Road, read the following statement: My husband and I definitely support solar energy; we installed panels on our own roof over two years ago. But sudden notification of industrial-sized projects that must proceed immediately has been overwhelming. There was neither sufficient environmental study, nor timely discussion with people directly impacted. We have lived at 1214 Ellis Hollow Road for over fifty years, and have walked, hiked, biked, and skied all over Tompkins County. We had in fact been discussing Willow Glen Ce metery as our perfect final resting place, with the peaceful bucolic view of the countryside that has meant so much to us and our children, but now we are having second thoughts. Meanwhile, the Dodge Road project is our most immediate concern. An industria l size, in-your-face, installation was first sprung on those most immediately concerned (only the few houses actually on Dodge Road) at the last minute (one week before the March meeting), with far too little time for calm discussion of how to proceed without intense disruption of our neighborhood communities. It is important that Cornell University and the Town of Dryden both understand that the secretiveness of the process created a huge problem. Maybe Cornell University and the Town Board thought that ha rdly anyone actually lives on Dodge Rd., but this was woefully shortsighted. In fact, it is the only public space within walking distance where those of us who live strung-out along the heavily trafficked Ellis Hollow Road can find peaceful restorative exercise and meet casually with our many neighbors in the vicinity. It is a whole community, not just a few houses. We appreciated that Mr. Srinivasan met with us on Dodge Rd, after the first public meeting. His modified plan (700 pages, again released just before the final public meeting) makes many steps in the right direction. But it is far too complex to assimilate quickly, and it contained many inconsistencies. The lack of a complete environmental impact study still raises serious concerns. I will just focus on trees. Trees take many years to grow, and would continue to help the environment long after the solar panels have aged out. 1. It would so much soften the view if any of the two sparse hedgerows between the agricultural fields on Dodge Road could be left in place - they are not large enough to diminish insolation on many of the solar panels. On our own roof, in a yard with enormous 50 year old trees across the driveway, a few panels are shaded for part of the day, losing no more than 50% output from tho se few panels. 2. The proposed removal of trees from the spruce forest on the other (west) side of Dodge Rd, at the very bottom of the solar arrays, is nearly 3 acres. How many panels will lose how much insolation from the shading due to those trees? It seems unlikely (to the naive observer) that it would be a huge factor. It is unsettling to have to take on faith without some explicit demonstration as to why this is “necessary”. 3. Finally, a concern about the “vegetative screening” given in the plans. The solar installation seems to have an expected productive lifespan of 20-30 years - yet the proposed plantings shown will take 20 years to provide TB 4-26-17 D R A F T Page 22 of 31 any substantial screening! David Rice, has lived in Dryden 17 years, said the view west from Turkey Hill Road and Stevenson Road is one of his favorite in the county and is absolutely gorgeous. It will be changed with this project. On the other hand, if we don’t move forward where ever possible with solar energy, the change in 20-30 years will be much, much greater. He fully supports the project. It is an opportunity for Dryden to make a positive contribution to the future, to eliminate carbon emissions. It doesn’t bother him that Distributed Sun is not a local company. He prefers to have a company with a lot of experience in these types of installations. We’ve heard a lot about impact and the last few speakers have certainly impressed him. There needs to be more work done to communicate and work with people. He is familiar with large research projects in his profession where people have started a year in advance with an information program. It sounds like that hasn’t been done and he urged the board to move forward with that. On the other hand it is essential in his mind to proc eed with projects like this. Darren Miller, 74 Dodge Road, wants to address the special use permit application worksheet that was filled out by Distributed Sun. The form state “special use permits are allowed uses so long as they are not disruptive to neighboring properties .” He thinks it is obvious from all the meetings that this is already disruptive and it hasn’t even been voted on. The second question on the form states “compatibility of the proposed use with adjoining and with natural and man-made environment.” He doesn’t know how industrial solar is compatible with residential rural. He doesn’t know how cutting down 37 acres of trees is c ompatible with natural resources. “This requirement is concerned with compatibility with neighbors and the environment.” It clearly is not compatible with neighbors and the environment. Distributed Sun’s answer to this is “The project will be screened with vegetative barriers and is a low impact use of the property.” He is skeptical of the vegetative screening. The pictures displayed were very nice but he doubts they will look anything like that. Leslie Appel, 78 Dodge Rd, next door to Darren Miller and directly across from the solar project. This entire process makes her sad that people have made this about pro-solar or not pro-solar. She cares just about the environment. She wants solar energy just as much as everyone wearing the yellow armbands, but doesn’t support this project in its current configuration. There already has been a lot of talk, and she submitted a statement dated April 25. It isn’t about a view. It’s about a feeling on Dodge Road. There are only about four houses on the road, but it is used by dozens and dozens of people from Ellis Hollow area and beyond. People park on the road and hike and walk dogs and watch birds. It’s more of a park than a road. They met with Distributed Sun and with Cornell. B Srinivasan has been fantastic and listened to all of their concerns. She is the one who showed him the farm fencing as opposed to the chain link fencing, But there was very little communication before this was publicized after two years of work. Compromise is lacking. They’ve been told many times by the team at Cornell this is the only site. This is it or nothing. There are two fields on Turkey Hill Road could potentially be used to take some of the burden of the solar panels off Dodge Road. She specifically asked if researchers had been spoken to find out if they could move their research to another field. She is only told there is research being done and was not able to obtain the names of the researchers. If there’s another option that would make it more palatable, why is that not being looked at? Jeramy Kruzer, 7 Dodge Road, most of what he wanted to say has been said. He has 28 solar panels on the ground at his house. He is a huge supporter of solar and actively works to promote solar energy. He has been one of the biggest thorns in Bharath’s side since the beginning of this project. He has been on every detail making sure the residents’ best interests are kept in mind. He won’t urge the board to approve the project or not. He wants to urge the TB 4-26-17 D R A F T Page 23 of 31 board to really take the time to ensure that the residents’ best interests served and that they aren’t just accepting the word of a company. Appr oach it with a healthy skepticism. That takes time. Please don’t make someone an enemy. If someone opposes any part of this project, don’t immediately label them as your opposition because everyone is working toward the same goal. We are trying to promote positive solar in the area and part of that means listening to the concerns of the local residents and working on the best ways to mitigate those concerns. We need more solar and we need more people to support and that’s how you do it. When you turn them into your enemy, you are actually working against solar. Carl Kolesnikoff, 64 Hungerford Road, said he supports the project and also appreciates everyone else’s positions. Has learned a lot about what some of the issues are. When he was in the Navy he used to the EISs and EAs associated with, in his case, putting in helicopter facilities for the Navy. These guys have done a great job on what they’ve presented and have been very thorough. He is in support of the project, but also hopes the board will work hard to fill those compromises and meet what the people in the cemetery want to have done as well so that we can make this a very successful project across the whole board. That will require a lot of everyone to compromise some of your positions and really take a close look at those positions. He thinks it should work out. Nancy Miller said she supports the project and has written letters to the town board previously. She read a letter from Jordan Macknick, Energy Water Land Lead for the Strategic Energy Analysis Center for the National Renewable Energy Laboratory. We are pleased to provide this letter of support for the solar development project in Dryden led by Distributed Sun on Cornell University land. This project will advance energy goals and will also provide important scientific research data related to ecological land management techniques, native vegetation growth under solar arrays, and co - location of solar and agricultural operations. Tire National Renewable Energy Laboratory (NREL) is the only federal laboratory dedicated to the research, development, commercialization and deployment of renewable energy and energy efficiency technologies. It is the U.S. Department of Energy’s (DOE) premier laboratory for renewable energy research, development and deployment, and a leading laboratory for energy efficiency. Through our DOE mission, NREL has developed deep expertise around sustainability and conducts research related to low-impact solar development, ecological land management techniques, and vegetation growth under solar installations. NREL will work to support this project through the design and maintenance of vegetation test plots underneath the solar arrays. The goals of this research are to better understand how native vegetat ion and pollinator-friendly species can be integrated in solar installations to improve soil quality, improve local agriculture, and improve stormwater management. Results from this research will provide insights related to ecological land management practices that can be implemented at future solar installations; vegetation and sustainability data front this effort will be made publicly available. The Alliance for Sustainable Energy, LLC is the managing and operating contractor for the National Renewable Energy Laboratory under U.S. Department of Energy M&Q Contract No., DE -AC36- 080028308; with a principal place of business at 15013 Denver West Parkway, Golden, Colorado 80401. Under the terms of the M&O contract, the Department of Energy permits access to NREL’s unique capabilities and services to support industry, state or local governments, or universities in response to federal agency announcements or nonfederal solicitations. NREL’s unique capabilities and services are provided subject to DOE review an d approval, in accordance with DOE policies and regulations. Henry Kramer said he has 18 acres on Ellis Hollow Road and the landsmen have already been to see him. He urged people with large properties to negotiate with them very carefully, just as when fracking was an issue. He agrees with the gentleman who said we should vote on this. The wisdom of a community, democracy with a small “d” is more TB 4-26-17 D R A F T Page 24 of 31 important and there is more wisdom there than letting the board members decide this issue for us. He strongly supports the democratic outcome of a referendum. He agrees with Mike Lane; this is an issue that requires caution and compromise and we should be very, very careful about what we do in this area. He said we had about a 40 minute presentation from Distributed Sun. There should have been an equal panel discussion, someone as an opponent of Distributed Sun who would have had equal time to raise some of the issues that they might not want to raise. That might be a better way to go in the future. He also agrees with Art Berkey who raised the issue of Distributed Sun being a large corporation. They are a large private corporation and their financials are not disclosed fully. He agrees with Jacques Schickel who raised the issue of where the pane ls come from. There is a company called Jinko Solar. They make solar panels in China. Distributed Sun should be required to promise us that they will make these panels in the U.S. They contain rare earth metals and there are problems with disposal of the solar panels. Those issues need to be looked at very carefully and in the same way that this board looked at the issues of natural gas. Don Scutt said he has had a hard time understanding the concept of the projects. Over the last several meetings he has come out thinking about a couple of different terms. The ends justify the means, Machiavellian, and at the last town board meeting the term hypocritical. There are a lot of issues to be decided yet with the solar. This new change in January of the law to allow solar in the town of Dryden seemed rushed, in a hurry, and it didn’t seem very well thought out. He is under the impression that the Town Board didn’t take the advice of the Planning Board. He looked at the term Machiavellian and had to laugh when he looked it up. It’s an adjective. The definition is cunning, scheming, unscrupulous, especially in politics or in advance of ones career. His gut tells him that we are being hosed and abused on a level higher than the town board. This is a net loser for the town of Dryden. He has made up his mind that he doesn’t think this is good for Dryden. The board was elected to represent Dryden. There have been a lot of issues spoken about tonight. Ve ry, very few of them talked about Dryden. The town currently receives $950 in taxes on the Willow Glen property. When this is all said and done with a PILOT you will receive $5,100. The net gain is roughly $4,000 a year. You’ve probably spent more than that researching these projects. Buzz Lavine said he drives through the middle of what hopefully will be the Ellis Hollow solar project every day. He was very concerned initially that it would change the rural ambiance that he very much appreciates of the landscape there. He wasn’t convinced it was a good project because of that until he went to the meeting at Ellis Hollow, one of many meetings where Bharath has been explaining what is what, and learned how responsive the company is. It’s far more responsible as a developer than any he has ever worked with. He was on the Planning Board for 20 years, was an architect and has worked with lots of developers. They are far more responsive than any developer he has worked with. He thinks they have dealt with most all of the possible things they can do to mitigate the project and make it useful and worthwhile by the residents’ concerns. He is now happy to say he is a big supporter of the project and he also wants to point out again that there are very fe w sites available for these projects that are feasible. We can’t be so picky as to say we will find an ideal site that will suit everybody. TB 4-26-17 D R A F T Page 25 of 31 Stacy Black, said he is the Business Development Coordinator for the IBEW Local 241 and President of the Tompkins Cortland Building Trades Council. He extended his sympathies to people struggling with this challenge. This is a tough decision for a lot of folks. His organization has had at least four different projects in the area with Distributed Sun using local labor and they have all been very good projects (airport, Harford, Ledyard). They’ve gone very well and they look forward to doing more work with them. The key for him is that it is local labor. It’s putting money back in our community and he appreciate that. He wishes the town the best and hopes they come to a positive conclusion for the community. Mary Kirkpatrick lives in the Town of Ithaca but drives along Turkey Hill Road pretty often. The beauty of this landscape is that you can see from one hillside across the valley to distant views. She is in favor of the projects basically and would be proud if they move forward. She is concerned with the vegetative barriers and how you plant them at 12’ and they grow higher. They will be 40 or 50 feet high in a while. Driving south on Turkey Hill Road where it opens out over the open field on the right is one of the most gorgeous views around. You look down in the valley and over to Connecticut Hill. She would like to see the barriers be more flexible. Something bushy and 8’ high may be more appropriate for that place. Coming over there today, she wondered if the reflection of the sun on people driving north on Turkey Hill Road had been considered. Jim Shippy said he lives 11 Dodge Road. His wife and her family have lived there for many years. He said they are not against solar, but are against the installation of a large scale commercial project on Dodge Road. He read portions of the following submitted statement: 1. Let us be clear about what is really taking place: Cornell does not traditionally rent their land to out of state corporations looking for a profit.  Cornell is under pressure to achieve carbon neutrality  Cornell is only in this partnership with Sun 8 because Cornell wants a “carbon footprint offset”  This offset is a paper credit, it’s not real in the sense that Cornell actually did something that reduced its actual carbon emissions. Cornell’s actual carbon footprint does not change as a result of these commercial solar facilities being installed.  Cornell should be embarrassed for pushing so hard to take credit for something they in fact did not do.  Cornell has not taken into consideration the senior citizens that live on Dodge Road and the impact this will have on their property values. The homes they saved for and paid for over so many years only to lose value because Cornell wants an unearned carbon offset.  Ithaca College however, could teach Cornell a lesson by showing them how they legitimately earned their carbon footprint offset by installing solar panels 40 miles away and use remote net metering to actually use the power generated. 2. Don’t be fooled: Misdirection and absence of telling the whole story by Cornell and Sun 8 is rampant  Cornell has been working with Sun 8 on this project for years and never thought to contact the residents and discuss what was going to be attempted until we have little time to react.  Cornell and Sun 8 are aware that their enormous size and pocketbooks are no match for the common residents that are affected.  This is being rushed through without proper study, more time is needed.  The simple fact of needing a “special permit” means the intended use is not normally allowed.  Given that it’s not allowed, it is customary to produce a valid reason and proof of some form of hardship or necessity. TB 4-26-17 D R A F T Page 26 of 31  The only reason given in their initial letter to the Town Board asking for the waiver to apply for a special permit was that if not granted, they would suffer financially because they had 3 years of work into it. The excerpt below is from their letter to the Town Board dated February 8, 2016: o If SUN8 has to make the payments due to NYSEG without receiving approval of special use permits and appropriate SEQR determination, SUN8 will have to seek capital from risky alternative sources, at costs/rates that are significantly out-of-market, causing severe hardship to SUN8 while adding downward pressure on anticipated returns in an ultra -competitive landscape. o SUN8 and its investors have expended capital, over the last three years for the Ellis projects and over the last one year in the case of the Pinney projects, with the intention to place these projects in service in CY 2017. The federal Renewable Energy Investment Tax Credit (“ITC”) is available in the tax year in which a project is placed in service. With the new Presidential administration considering major corporate tax reform in 2018, mainstream solar energy investors have expressed trepidation and serious concerns regarding the uncertainty around such tax reform and its impact to the ITC in years beyond 2017. If the proposed projects cannot be placed in service in CY 2017, SUN8 will experience grave uncertainty in raising cost-effective capital for the projects causing irreparable harm to SUN8.  Just because they spent speculative money as an investor for potential future gains is not a valid reason for the Town of Dryden to change the rules and allow them to place an industrial size solar facility in a residential/Agricultural neighborhood.  The misdirection is Sun 8 talking about changing fences and shrubs all the while, not providing a significant reason as to why the community of Dryden should grant them an exception at the expense of the senior citizens who live on Dodge Road.  The tax monies they tout are going to be split between school districts, it doesn’t all go to Dryden.  The energy will supply some power to the community, but they openly admit, it is not enough to completely power all homes with total electric use. Not everyone will sign up for it. Su n8 profits even more when the residents don’t sign up for it. The perceived benefits to the town are not as big as they would lead you to believe. I and my fellow concerned residents of Dryden would ask both the Town Board and Town Planning Board to not allow Sun8, an out of state corporation and Cornell University to intimidate the Town of Dryden into betraying its residents by allowing special requests and revamping of laws that in a manner that would not be afforded to the very same residents that live on the affected Road. We ask that you remember the purpose of your positions and the obligation you swore to uphold when you took your elected office. Terry Habecker, 15 Dodge Road, said several times in the last week he saw a flock of turkeys in the area where solar are arrays is planned to be constructed. He’s sure if they could speak they would say they were there first and that it’s unjust to move sheep onto their land. He is upset that this project is essentially a corporate venture with powerful interests reaping most of the benefits. The project can’t be downsized because it must be profitable. Profit should not be bottom line. Green energy projects should in his opinion primarily benefit the communities in which they are located and ther e should be opportunities for citizens to be stakeholders. Lawmakers should facilitate the establishment of publicly owned local energy companies and community energy cooperatives. There are always exploitive results when profits trump community concerns. Green energy projects must be flexible and tailored to meet the needs of the community. Large industrial arrays are famous for threatening wildlife habitat, interfering with recreational opportunities, degrading natural beauty and hindering community level efforts to build small scale energy projects. Our lawmakers should be requiring NYSEG to embrace solar and wind energy and to create an environment that is more receptive to smaller community-centered projects. A zillion solar panels will be worthless if fossil fuel usage is not significantly reduced. Under Trump fossil fuel production is soaring. TB 4-26-17 D R A F T Page 27 of 31 Solar panels at present only add to the never ending thirst for energy in the United States. The more we produce, the more we consume. Richard Maxwell, 34 Turkey Hill Road, said he supports the project. He feels it is essential to do as much as we can to implement alternative energy sources as soon as possible. He respects that there are many complexities to this project. Those turkeys also travel through his yard. He also walks that hill and loves that area as well. He does not mind seeing solar panels on the hillside. He would be proud to have them. He has them in his back yard. He thinks we need to do for the environment locally and nationally and globally. He thanked the board for its due diligence in this process. He trusts the sincerity with which they are going about making this decision and doesn’t feel the need for any other vote. He trusts the decision they will make. Claudia Wheatley, 60 Hickory Circle, said she lives in a house shaded by trees and hills and they tried and tried to figure out a way to do solar and it just couldn’t happen unless they cut down trees. Clean quiet energy appeals to her because she has lived with the dirty, noisy kind. Her family moved to Tompkins County in 1967 because NYSEG assigned her dad to help build a nuclear power plant in Lansing. Bell Station was to be built next to the coal fired power plant then called Milliken Station which occupies one of the most beautiful properties on Cayuga Lake. Bell Station fell through so NYSEG continued to operate Milliken. Her family lived one mile uphill from Milliken and one mile downhill from the plant’s coal ash dump so dirty, noisy trucks went by their house all day long taking ash to the dump. When it rained heavily runoff from the dump flowed downhill from the dump into their yard and then onward into the lake. For 40 years, she has attended public meetings about energy alternatives. She heard the same arguments over and over. “Yes hydropower, but not in Fall Creek.” “Yes wind power, but not in Enfield.” And now “Yes solar, but not in Dryden.” And here we are still too dependent on fossil fuels, still asking why can’t we have clean energy? We can’t have clean energy until someone takes a deep breath and says “OK put it here.” She’s also noticed that plans developed by a private company often run into resistance on that basis. Friends of hers fought a plan for wind power in Vermont because they didn’t want an outsider to develop it. So they continued getting most of their energy from an aging nuclear power plant. Letting resentment drive policy is a lose-lose policy Sue Stein, West Dryden Road, had a few things to say in response to things she’s heard tonight. Perhaps we need more information on how these parcels were chosen. It is her understanding that those involved spent a long time working with NYSEG to find a placement where the panels can be hooked up to the grid and that there aren’t very many available spots and that these are sort of it. Maybe we need to know more about what the constraints were for the parcels so we understand why they were picked. She was concerned on the impact on the cemetery as other residents are. She searched Google for solar panels by cemeteries. There is a two minute video by Gate of Heaven Cemetery in East Hanover, New Jersey. This cemetery chose to put panels on part of their property to support their own usage. They have optimistic things to say about it. She visited the solar farm next to the airport. You can get a feel for how not industrial it is. There is grass and plants and birds and sheep. It doesn’t feel like a horrible eyesore. It also doesn’t have all those connotations of contamination that you c an never use the soil. You can always go back to farm land after solar panels. She wishes there wasn’t any screening of the solar panels on Route 13. Bruno Schickel said Ellis Hollow is an area in Dryden that has the highest home values in the area. You need to think about that. It’s about size. He thinks the project in Ellis Hollow is too large an impact. The Town Board needs to think about this. This is the beginning of industrial solar in Dryden. That’s pretty clear. It’s clear there’s a lot of support TB 4-26-17 D R A F T Page 28 of 31 for industrial sized solar in Dryden. The question for the board is how to do it right. He thinks to do it right, you need to step back and ask what is it that has to exist in order to provide the protections so that you don’t have this pushback that is happening now. You need to identify areas which would have low impact. One is Tompkins County’s o ld dump on Caswell Road in West Dryden. It already is fenced and no one would see the solar panels. He’s heard there are only a few spots that it can go; it has to be within such an area. For the site in Dryden, they are upgrading the lines for five miles to get to the Peruville substation. Dryden is ten miles square. If you can go five miles to upgrade, that means you can go anywhere in the Town of Dryden. You need to build broader support for this by carefully craft a zoning law that will provide a better way to do this in Dryden. Shirley Price said she isn’t against solar, but she noticed a lot of people here tonight weren’t from the town of Dryden that spoke for the project. The people who had questions were from the town of Dryden. She asked if the company was actually from Milan, Italy, and was told it was not. She replied that is what the website says. She has assumed the electricity generated would go to the substation on Route 13. Now she’s found out it will go five miles with upgraded high energy lines that are going to go past how many people. She is concered with that. She also supports putting the matter to a vote. The two highest taxpayers in the Town of Dryden are NYSEG and Dominion. Irene Weiser, Caroline Town Board member, said she is jealous about this project and wishes they had the circuitry to make this work in Caroline. What we all consume we have a responsibility to find a way to offset. Her house gets too much shade and the roofs don’t face the right direction. She will likely buy into this solar farm as an opportunity to offset her consumption. She wishes her town could get the tax benefits and offset the footprint in the community footprint. This allows all the town’s residents to offset their footprint. She understands the comment about Ithaca College putting their array 40 miles away, but it all goes into the grid and is green energy going into the grid. It’s offsetting the use of coal or nuclear somewhere. The closer we can have our power to where it is consumed the more efficient it is. Matt Koslowski, Cornell University employee, read a letter from Dean Kathryn Boor, Cornell University College of Agriculture and Life Sciences: Neighbors: I am writing to acknowledge the interest and inputs expressed by many members of the Dryden community regarding the community solar project on 110 acres (+/-) of Cornell- owned land, currently managed by the Colleges of Agriculture and Life Sciences, and Veterinary Medicine, for agricultural research. As you know, this important project proposal - to be developed by Distributed Sun and placed on the tax rolls - includes the Ellis Tract north of Stevenson Road, and sites on Dodge Road and Turkey Hill Road, south of Stevenson Road. In recent weeks, we have heard concerns about this siting, as well as claims of a waste of “good farmland." To clarify, the Cornell lands proposed for solar development are not included in either of Tompkins County's two Agricultural Districts, nor are these lands within any of the County’s six identified TB 4-26-17 D R A F T Page 29 of 31 Agricultural Resource Focus Areas. It should also be noted that, as dictated by circumstance, solar farms are readily reverted to traditional agriculture and can support concurrent grazing activity. During the site-selection process, more than 50 Cornell sites were analyzed, many managed by the College of Agriculture and Life Sciences. A number were eliminated due to distance to an interconnection point (access to grid), and several other possible options were eliminated from consideration as well because they support active, funded research, are being maintained in a state of readiness for future research, or operate as research support. The parcels selected for the community solar project were identified as either having low- productivity soils, less agricultural value, and-or the ability to relocate existing and planned research operations from the selected sites to other suitable Cornell lands. There are few institutions in the world that care more about farmland preservation than Cornell University. Of equal concern and attention for Cornell in 2017 is climate change, and doing all we can to enable sustainability efforts around the world, on our campus, and in the local community to prosper while also reducing our dependence on fossil fuels. We are thankful to many of you who have voiced support for the solar project. These are important decisions and the engagement of Dryden residents to date has been encouraging, informative, and helpful. As Steve Kress, vice president for Bird Conservation at the National Audubon Society wrote recently: "The warming of our Earth is the single greatest environmental threat of our time. The solar farm proposed for Dodge Road is an opportunity to take local action for a global problem. It will make a statement that our community is committed to moving away from burning fossil fuels and toward sustainable energy." Again, thank you for your inputs and for staying engaged with the project team on any questions, concerns, or support. Sarah Zemanick, Director of Campus Sustainability at Cornell, said she is proud of Ithaca College for their 2 megawatt solar farm. They have five 2 megawatt remote net meter solar farms in existence already, which have actually maxed out Cornell’s ability to utilize the remote net meter structure under regulatory limits. That’s why they are looking for other ways to move things forward and are really excited about the community solar. They think it is a win-win. She explained carbon offsets and how that reduces carbon emissions in the state. The State of New York is part of a carbon pack and trade collective so the amount of carbon emissions in the state is capped. Every utility has to purchase an allowance for every ton of carbon that they emit. We have a renewable energy project. For every unit of renewable energy that is generated there is a legal instrument called renewable energy certificate (REC). That embodies all the good things associated with renewable energy, including the amount of carbon emissions that are avoided because of that renewable energy. So Cornell will take these renewable energy certificates, register them in the state’s cap and trade system and the state will remove from the amount of carbon that is allowed to emitted in the state the equivalent amount of carbon that is represented by these renewable energy projects. By doing that, Cornell is ensuring that the overall emissions in the state are offset and ensuring that an equivalent amount of fossil fuel generated power is avoided in the state. So they are reducing TB 4-26-17 D R A F T Page 30 of 31 not only Cornell’s greenhouse gas emissions inventory, but actual carbon emissions in the state. Ray Burger said a lot of application materials were just submitted today and will soon be posted on the web. Comments will continue to be posted as they come in. This hearing will remain open and the consultants hired by the town, TG Miller, will continue their evaluation of application package. They have put together a list of items that are still issues that need to be addressed. As those materials come in they will also be put on the web. At this point we are not establishing a next meeting date on the matter. That will be set when every issue has been addressed. He further explained that TG Miller has been hired by the town board to do this research and analysis, but is ultimately being paid by the applicant who must provide the funds to the town to purchase these services. Dave Herrick, TG Miller, said they have been retained to review project materials and provide guidance and recommendations to the board on what may still be outstanding in order that the town can adequately document the materials provided with respect to the requirements of the full environmental assessment form and SEQR process. Today they issued a recommendation that there be additional documents, correspondence or studies that can be reviewed by the board and town staff and their office so that the board can move forward with completing parts 2 and 3 of the environmental review. That recommendation will be put on the town’s website. A lot of what they are asking for in essence is document or correspondence, confirmation information from some of the other regulatory agencies such DEC, Army Corps, and U.S. Fish & Wildlife, that have been acknowledged in the documents already delivered a s being somewhat outstanding. For completeness they are asking that responses from other involved agencies that may or may not have to issue permits for the project, be received by the town so that it closes the loop on any unanswered or outstanding issues that were raised in the applicant’s material. Supv Leifer explained that Susan Brock is handling all the work related to Distributed Sun because Mariette Geldenhuys represents them in some other municipalities. R Burger stated this matter is on the agenda for the Planning Board to review tomorrow night. They won’t be able to go into a full application review, which is one of their purviews in the solar law, but they can start a discussion on the application. Atty Brock noted they may not start the sketch plan which is part of the subdivision review after the SEQR is done. With respect to a potential referendum Atty Brock said you can only have a referendum if NYS law specifically allows it, and it does not allow it for things like site plan approvals and special use permits. There are lists of what must or may go to referendum, and this type of thing is not listed. Cl Lavine said the people on Dodge Road have expressed concern about why Cornell can’t be moved on the two parcels of land that have ongoing research projects that are better agricultural land but would be less invasive to the homes on Dodge Road. She asked if Corn ell thought this was a deal breaker, would they be able to move some of the panels to that spot? Sarah Zemanick said Cornell went through an extensive internal site selection process. They looked at more than 50 parcels. They have looked at where research can be moved. The College determined that some sites were critical for present or future research. She doesn’t think the academic need for those parcels would change, but she will ask again. TB 4-26-17 D R A F T Page 31 of 31 Cl Lavine would like specifics on the research projects. Leslie Appel said if this is potentially a deal breaker, Cornell should know they want the project, they just want some of the burden taken off of the entire expanse of Dodge Road. They don’t feel like there are any compromises. With all of Cornell’s acreage she’d like to know why there are two other fields suitable for the research. Please talk about the fields again. S Zemanick said they already moved as much away from the Dodge Road site as they can. They can’t put more on the northern site because of circuit capacity. Carrie Brindisi –said she lives on Turkey Hill Road and their property is adjacent to the fields. They have been working hard to come to accept this project and it is very difficult to hear neighbors who are struggling with this say put it closer to her. It’s difficult for everyone in the room. She has worked with Distributed Sun to make it more palatable for them and they are trying to accept the change. It’s hard to hear someone say don’t put it on Dodge Road, put more on Turkey Hill Road. M Robertson said research isn’t interchangeable. You can’t just pick up a research project, a field you’ve studied for 30 years, and move it somewhere else. It completely invalidates 30 years worth of work. She believes the University has a mission for research and education, that they have tried and there are people doing research there. And it’s Cornell’s land. Cl Lavine said it would be useful to sit down and not hear this as an abstraction about the research mission of the university and 30 years of research. It’s possible that a few people could listen to those details and believe it and then agree that there’s no way they could throw away that 30 years of research. There being no further business, on motion made, seconded and unanimously carried, the meeting was adjourned at 10:55 p.m. Respectfully submitted, Bambi L. Avery Town Clerk