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Home My WebLink AboutTB 2024-11-14TB 11-14-24 Page 1 of 27 TOWN OF DRYDEN TOWN BOARD MEETING November 14, 2024 Zoom Hybrid Present: Supervisor Jason Leifer, Cl Daniel Lamb, Cl Leonardo Vargas- Mendez, Cl Christina Dravis, Cl Spring Buck Elected Officials: Bambi L. Avery, Town Clerk Rick Young, Highway/DPW Superintendent Other Town Staff: Amanda Anderson, Bookkeeper Chris O’Connor, Fire Coordinator *Cassie Byrnes, Secretary to the Supervisor *Indicates attendance via Zoom Supv Leifer opened the meeting at 6:02 p.m. Financials & Human Resources RESOLUTION #165 (2024) – APPROVE ABSTRACT #11 Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves Abstract #11, as audited, general vouchers #1110 through #1230 ($2,094,505.73) and TA vouchers #51 through #54 ($7,666.34), totaling $2,102,172.07. 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Budget Modifications – Supv Leifer reviewed the proposed budget modifications. RESOLUTION #166 (2024) – APPROVE BUDGET MODIFICATIONS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the following budget modifications for the fiscal year 2024. From Amount To A1220.454 Supervisor - Travel 2,000.00 A1220.450 Supervisor - Contractual A1420.402 Legal 7,000.00 A1320.4 Independent Audit TB 11-14-24 Page 2 of 27 A1460.101 Records Management - Personnel 4,684.00 A1330.102 Seasonal Help A1490.403 Cleaning 5,000.00 A1490.4 Public Works - Contractual A1680.2 IT - Equipment 1,000.00 A1930.4 Judgements & Claims A205 Rec - Misc Grants A7989.407 Rec - Misc Grants 855.00 A7989.402 Community Music Total 20,539.00 Total From To DB5110.1 Street Maintenance - Pers Serv 41,846.63 DB5112.1 Road Improvements - Personnel 1,526.31 DB5112.110 Road Improvements - OT DB2801 Interfund Revenue DB2401 Interest 14,418.32 DB9060.8 Medical Insurance 57,791.26 From To SF1-599 Fund Balance 75,000.00 SF1- 3410.405 WB Strong - Freeville SF1- 9040.8 Workers Comp 5,500.00 SF1-3410.4 Fire Prevention - Contractual 80,500.00 To 26,500.00 SS8-8120.4 Sanitary Sewer Contractual SS8-2801 Interfund Revenue 3,889.93 SS8-8120.1 Personal Services (DPW) 189,220.19 TB 11-14-24 Page 3 of 27 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Prepayment Approval – Supv Leifer asked to approve a prepayment for Abstract 12 for the annual payment for NY State & Local Retirement System. RESOLUTION #167 (2024) – APPROVE PREPAYMENT IN ABSTRACT 12 Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the Town has received the invoice of $341,274 for the annual payment for the NY State and Local Retirement System; WHEREAS, the payment must be received by December 13 and can be paid by ACH; RESOLVED that the Board approves the pre-payment of $341,274 before the December 12th meeting for Abstract 12. 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Establish Standard Workday & Reporting – RESOLUTION #168 (2024) – ESTABLISH STANDARD WORKDAY AND REPORTING Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, on September 12, 2024, the Board approved Resolution #139 which recorded Town Clerk Bambi Avery’s Record of Activities from 1/1/24 to 5/31/24, WHEREAS, on further review the Record of Activities submitted had errors and needs to be corrected to reflect the actual hours for Bambi Avery, RESOLVED, that the Town of Dryden hereby establishes the following as standard work days for elected officials and will report the following days worked to the New York State and Local Employees’ Retirement System based on the record of activities maintained and submitted by these officials to the clerk of this body: TB 11-14-24 Page 4 of 27 Title Name Standard work day (hrs/day) Current term begins/ends Participates in employer's time keeping system Y/N Record of Activities Results Town Clerk Bambi Avery 8 1/1/2024 to 12/31/2027 N 21.69 2nd Cl Dravis Roll Call Vote Cl Vargas-Mendez Yes Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes PUBLIC HEARING AND PRESENTATIONS Accepting Rail Trail Easements (continuation of public hearing) – The Villages of Dryden and Freeville have approved the easement agreements. Supv Leifer closed the public hearing at 6:11 p.m. RESOLUTION #169 (2024) - AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE PURPOSE OF PROVIDING RECREATIONAL OPPORTUNITIES TO THE PUBLIC FOR THE DRYDEN RAIL TRAIL PHASE 2 PROJECT Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the Town has for several years engaged in a series of property and easement acquisitions in furtherance of the creation of a recreational trail (the “Trail”) for non-vehicular use by the public within an abandoned railroad property; and WHEREAS, the Town has identified the need for an additional acquisition of rights to construct and maintain the Trail, said acquisition being an easement over property owned by the Village of Dryden and designated as tax parcel numbers 8.-1-15, 13.-1-7.2, 15.-1-11, 15.-7- 28, 18.-1-2 and 18.-4-1; and WHEREAS, §247(3) of the General Municipal Law provides that the acquisition of interests or rights in real property, including by easement, for the preservation of open spaces is a public purpose and that such acquisition requires a public hearing subject to due notice; and WHEREAS, by Resolution of the Town Board, a public hearing was scheduled on the acquisition for the furtherance of the recreational trail project, and notice of said public hearing was duly advertised in the official newspaper of the Town and posted on the Town Clerk’s signboard; and WHEREAS, said public hearing was duly held on the 19th day of September, 2024 at 6:05 p.m. and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed acquisition; and WHEREAS, said public hearing was continued on the 10th day of October, 2024 at 6:05 p.m., and all parties in attendance were again permitted an opportunity to speak on behalf of or in opposition to said proposed acquisition; and TB 11-14-24 Page 5 of 27 WHEREAS, said public hearing was continued on the 14th day of November, 2024 at 6:05 p.m., and all parties in attendance were again permitted an opportunity to speak on behalf of or in opposition to said proposed acquisition; and WHEREAS, environmental review of the Project was completed on December 15th, 2016, by Resolution #191 (2016) of the Town Board issuing a negative declaration; NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Dryden does hereby accept from the Village of Dryden the granting of an easement over tax parcel numbers 8.-1-15, 13.-1-7.2, 15.-1-11, 15.-7-28, 18.-1-2 and 18.-4-1, as more specifically set forth in that certain form of easement between the Village of Dryden and Town of Dryden, a copy of which is annexed hereto, to serve as public trail and parkland; and be it further RESOLVED that the Town Supervisor, upon review and approval by the Attorney for the Town as to form, is hereby authorized to execute any and all documents necessary to accept said easement for the Dryden Rail Trail Phase 2 project, PIN 395071. 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #170 (2024) - AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE PURPOSE OF PROVIDING RECREATIONAL OPPORTUNITIES TO THE PUBLIC FOR THE DRYDEN RAIL TRAIL PHASE 2 PROJECT Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, the Town has for several years engaged in a series of property and easement acquisitions in furtherance of the creation of a recreational trail (the “Trail”) for non-vehicular use by the public within an abandoned railroad property; and WHEREAS, the Town has identified the need for an additional acquisition of property to construct and maintain the Trail, said acquisition being an easement over property owned by the Village of Freeville and designated as tax parcel numbers 3.-2-4, 3.-2-5.1, 3.-2-5.2, 3.-2-5.3, 5.-2-29, 6.-1-2 and 7.-1-1; and WHEREAS, §247(3) of the General Municipal Law provides that the acquisition of interests or rights in real property, including by easement, for the preservation of open spaces is a public purpose and that such acquisition requires a public hearing subject to due notice; and WHEREAS, by Resolution of the Town Board, a public hearing was scheduled on the acquisition for the furtherance of the recreational trail project, and notice of said public hearing was duly advertised in the official newspaper of the Town and posted on the Town Clerk’s signboard; and WHEREAS, said public hearing was duly held on the 19th day of September, 2024 at 6:05 p.m. and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed acquisition; and WHEREAS, said public hearing was continued on the 10th day of October, 2024 at 6:05 p.m., and all parties in attendance were again permitted an opportunity to speak on behalf of or in opposition to said proposed acquisition; and TB 11-14-24 Page 6 of 27 WHEREAS, said public hearing was continued on the 14th day of November, 2024 at 6:05 p.m., and all parties in attendance were again permitted an opportunity to speak on behalf of or in opposition to said proposed acquisition; and WHEREAS, environmental review of the Project was completed on December 15th, 2016, by Resolution #191 (2016) of the Town Board issuing a negative declaration; NOW THEREFORE BE IT RESOLVED that the Town Board of the Town of Dryden does hereby accept from the Village of Freeville the granting of an easement over tax parcel numbers 3.-2-4, 3.-2-5.1, 3.-2-5.2, 3.-2-5.3, 5.-2-29, 6.-1-2 and 7.-1-1, as more specifically set forth in that certain form of easement between the Village of Freeville and Town of Dryden, a copy of which is annexed hereto, to serve as public trail and parkland; and be it further RESOLVED that the Town Supervisor, upon review and approval by the Attorney for the Town as to form, is hereby authorized to execute any and all documents necessary to accept said easement for the Dryden Rail Trail Phase 2 project, PIN 395071. 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes 58 Morris Road Solar Special Use Permit – Matt Mihaley of Delaware River Solar and team briefly reviewed the project again. There were no further questions from the board or the public and Supv Leifer closed the public hearing at 6:17 p.m. Patrick King of TG Miller has provided a draft EAF parts 2 and 3 and part 3 attachment. Cl Lamb asked about the response to the turbidity question in 3H. P King explained that relates to the period during construction and the opportunity for erosion. The applicant has updated their erosion and sediment control plan to be a phased approach so that the level of disturbance will be less than five acres per stage. The board reviewed the full environmental assessment form. RESOLUTION #171 (2024) – Lead Agency Designation and Negative Declaration of Environmental Significance – 30 Morris Road Community Solar Project Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, A. The proposed action involves the construction of one 5 MW solar photo-voltaic (PV) array for generation of energy and sale under the community distributed generation program. Solar arrays consist of PV modules mounted on metal racks anchored into the ground. The arrays will be fenced in and gravel access drives will be constructed to access the site. The site will contain an electric transformer mounted on a cement pad. The fenced array will encompass approximately 27.5 acres of the total of approximately 117.4 acre Tax Parcel 24.-1-4 at the address 30 Morris Road. The owners of the parcel are Kim L. and Karin K. LaMotte and the applicant is Delaware River Solar, LLC (dba NY Dryden III, LLC), and TB 11-14-24 Page 7 of 27 B. The proposed project, which requires Special Use Permits and site plan approvals from the Town Board of the Town of Dryden, is a Type 1 action pursuant to the New York State Environmental Quality Review Act (“SEQRA”), 6 NYCRR Part 617, and C. A Full Environmental Assessment Form, Part 1 was submitted by the applicant, along with application materials, and D. The Town Planning Department, on behalf of the Town Board, distributed a Lead Agency concurrence letter to potential involved and interested agencies on August 19, 2024, and received no objections to the Town of Dryden Town Board serving as Lead Agency on this matter, and E. The Town Board has reviewed the Full Environmental Assessment Form Part 1, revised and dated August 15, 2024, prepared by the applicant, and Parts 2 and 3, prepared by town’s consultant TG Miller and Planning staff, and F. A public hearing having been held on October 17, 2024 and continued on November 14, 2024 at which all persons wishing to speak on this project were given an opportunity to do so. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The Town of Dryden Town Board hereby establishes itself as lead agency to coordinate the environmental review of the proposed actions, as described above, and 2. The Town Board of the Town of Dryden, based upon (i) its thorough review of the EAF, Part 1 and 2, and any and all other documents prepared and submitted with respect to this proposed action and future construction activities, and its environmental review, (ii) its thorough review of the potential relevant areas of environmental concern to determine if the proposed action may have a significant adverse impact on the environment, including the criteria identified in 6 NYCRR §617.7(c), and (iii) its revi ew of the EAF, Part 3, including the reasons noted thereon (which reasons are incorporated herein as if set forth at length), hereby makes a negative determination of environmental significance (“Negative Declaration”) in accordance with SEQR for the above referenced proposed action, and determines that an Environmental Impact Statement will not be required, and 3. The Responsible Officer of the Town Board of the Town of Dryden is hereby authorized and directed to complete and sign as required the determination of significance, confirming the foregoing Negative Declaration, which fully completed and signed EAF and determination of significance shall be incorporated by reference in this Resolution. 2nd Cl Vargas-Mendez Roll Call Vote Cl Vargas-Mendez Yes Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #172 (2024) – APPROVING SITE PLAN AND GRANTING SPECIAL USE PERMIT FOR LARGE-SCALE SOLAR ENERGY SYSTEMS AT 30 MORRIS ROAD Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, Kim Lee LaMotte and Karin Kay LaMotte are the owners of certain premises located near 30 TB 11-14-24 Page 8 of 27 Morris Road in the Town of Dryden (“Town”), which consists of approximately 117.404 acres of land situated within the Rural Agricultural (“R -A”) Zoning District and identified as Tax Map Parcel 24.- 1- 4 (the “Premises”). Delaware River Solar, LLC -dba NY Dryden III, LLC (“the Applicant”) is the lessee of a portion of the Premises, which consists of approximately 27.5 acres of land (the “Project Site”). By application dated April 4, 2024 (“Application’’), Applicant seeks a special use permit (“Special Use Permit”) and Site Plan approval, with prior review and recommendations on the Site Plan by the Town of Dryden Planning Board (“Planning Board’), to develop and operate a 5.0 megawatt (“MW”) AC Ground-mounted Large Scale Solar Energy System (“Project”) on the Project Site. In support of the Application, the Town of Dryden Town Board (“Town Board”) duly considered the totality of the record, which includes all presentations made to the Director of Planning, Planning Board and Town Board and including, but not limited to: 1. Planning Board application packet submitted via email to the Director of Planning on April 11, 2024, containing: a. Project Summary dated April 12, 2024 b. General Permit Application dated April 4, 2024 c. Example Images of Pole Farm Lineup d. Stormwater Pollution and Prevention Plan (“SWPPP”) NY Dryden III, LLC Solar Facility dated April 2024 e. Viewshed Analysis prepared by P.W. Grosser dated March 7, 2024 f. Morris Road Solar Farm Conceptual Plans dated February 14, 2024, as modified and amended from time-to-time, the “Site Plan” g. Draft Operations and Maintenance Plan dated April 8, 2024 h. Sungrow USA Corp Solar Inverter Skid Noise Test dated September 7, 2021 i. Q. Peak Duo XL-G11.3/BFG 570-585 Equipment Specification Sheet j. Sungrow SG3425UD-MV/SG3600UD-MV Equipment Specification Sheet k. FAA Notice Criteria Tool “You Do Not Exceed Notice Criteria” document dated November 6, 2023 l. Draft Decommissioning Plan dated April 8, 2024 2. Planning Board application packet submitted via email on June 17, 2024 containing: a. P.W. Grosser Response Letter dated June 11, 2024 b. Draft Full Environmental Assessment Form Part 1 dated May 22, 2024 and revised June 14, 2024 c. Revised Conceptual Plans dated June 17, 2024 d. Revised Viewshed Analysis dated June 17, 2024 3. Response Letter Packet submitted via email on July 11, 2024 to the Town Engineer and Director of Planning containing: a. Revised SWPPP dated July 2024 and submitted to the Town on June and July 2024 b. P.W. Grosser Response Letter to T.G. Comment Letter dated June 27, 2024 c. P.W. Grosser Limit of Disturbance Request Letter dated July 11, 2024 d. Decibel Report prepared by P.W. Grosser dated July 9, 2024. e. EAF Mapper Summary Report dated July 8, 2024 TB 11-14-24 Page 9 of 27 f. Office of Parks, Recreation and Historic Preservation (OPRHP) No Impact Letter dated April 17, 2024 g. Layout Technical Review dated July 8, 2024 h. Revised Draft #2 Operation and Maintenance Plan dated July 11, 2024 i. Redacted Amended and Restated Lease Agreement by and between NY Dryden III, LLC and Kim Lee LaMotte and Karin Kay LaMotte dated December 18, 2023 j. Notice of Ground Disturbance Form dated July 11, 2024 k. Revised Long Form EAF Part 1 dated July 11, 2024 l. New York State Standardized Contract For Interconnection of New Distributed Generation Units and/or Energy Storage Systems With Capacity of 5 MW Or Less Connected In Parallel With Utility Distribution Systems by and between NY Dryden III, LLC and New York State Electric and Gas Corporation dated February 29, 2024 m. NYSERDA Decommissioning Solar Panel Systems Informational Packet dated 2023 n. NY Dryden III, LLC – List of Revised/Supplemental Documentation – 2024-07 Resubmission o. Bond Value Estimate Table dated July 8, 2024 4. Response Letter Packet submitted via email on August 15, 2024 to the Town Engineer and Director of Planning containing: a. Revised SWPPP dated August 2024 b. Revised Long Form EAF Part 1 dated August 15, 2024 c. P.W. Grosser Response Letter dated August 15, 2024 To T.G. Miller Comment Letter dated July 19, 2024 5. Response Letter Packet submitted via email to the Town Engineer and Director of Planning on September 11, 2024 containing: a. Revised SWPPP dated September 2024 b. Revised Conceptual Plans dated September 10, 2024 c. P.W. Grosser Response Letter dated September 10, 2024 To T.G. Miller Comment Letter dated July 19, 2024. 6. Response Letter Packet submitted via email to the Town Engineer and Director of Planning on October 10, 2024 containing: a. DRS Response Letter dated October 10, 2024 To T.G. Miller Letter’s dated July 19, 2024 and October 7, 2024 b. Redacted Coordinated Electric System Interconnect Review (CESIR) DER #21616 dated October 2, 2024 c. Email Correspondence from Calvin Carr of Mclean Fire District dated September 9, 2024 d. Revised Draft #2 Decommissioning Plan dated October 10, 2024 7. Wetland Delineation Report – Morris Road – Dryden Solar Farm – dated July 2024 8. Revised Draft #3 Operation and Maintenance Plan dated October 11, 2024, submitted via email to the Town Engineer and Director of Planning on October 11, 2024 PROJECT DESCRIPTION The Project Site currently consists of fields and forested undeveloped land in a rural location west of West Malloryville Road and on the south side of Morris Road (“Morris Road”). The Project will consist of ground-mounted, solar photovoltaic panels mounted on a single- axis tracking racking system, designed at a capacity of 5.0 MW AC to be operated as a Community TB 11-14-24 Page 10 of 27 Distributed Generation (“CDG”) facility as prescribed in the New York State Public Service Commission under the electric tariffs of New York State Electric & Gas Corporation (“NYSEG”). As a CDG facility, the Project will provide clean energy to the existing electric grid operated by NYSEG and offer local customers the opportunity to contract for this energy at or below current market rates. PROCEDURAL HISTORY The application was first reviewed by the Planning Board at its April 25, 2024 meeting. The Planning Board continued its review at the May 23, 2024, June 27, 2024 and July 25, 2024 Planning Board meetings. At the July 25th Planning Board meeting, the Planning Board referred the Applicant to the Town Board for Special Use Permit review. The Town Board first considered the Application at its August 15, 2024 meeting. The Town Board initiated review under the State Environmental Quality Review Act (“SEQRA”), as required by 6 NYCRR Part 617. The project was classified as a SEQRA Type I action under 6 NYCRR § 617.4 (b) (6) “activities, other than the construction of residential facilities, that: involves the physical alteration of 10 acres or more” requiring coordinated review with all other involved agencies. Accordingly, the Town Board issued a Notice of Intent to declare itself Lead Agency for the purpose of SEQRA review on August 19, 2024. On July 12, 2024, the Town Board also referred the Application to the Tompkins County Department of Planning and Sustainability as required by General Municipal Law Section 239 - l, - m and -n. By letter dated September 18, 2024, the Tompkins County Department of Planning and Sustainability responded to the submitted Application referring to General Municipal Law Section 239- l, -m, and -n determining the proposed action will have no significant county-wide impact or inter- community impact. The Town Board scheduled a public hearing for September 19, 2024, but the hearing was rescheduled to October 17, 2024 due to a failure to provide proper public notice. On October 17, 2024, the Town Board opened a duly noticed public hearing and continued this hearing until November 14, 2024 during which time the public was allowed to comment on the Application and Site Plan. At the November 14th meeting, the Town Board reviewed and completed Part 2 and Part 3 of the Long Environmental Assessment Form (“LEAF”) and determined that there will be no significant adverse environmental impacts from development and operation of the Project pursuant to SEQRA (the “Negative Declaration”). In making its review as required by SEQRA, the Town Board took into consideration the public health, safety and general welfare and the comfort and convenience of the public in general and the residents of the immediate neighborhood of the Project. Moreover, the Town Board discussed the inclusion of appropriate mitigation measures, safeguards and conditions as part of the Project’s final approvals, including those mitigation measures set forth in Part 3 of the LEAF in the aforementioned environmental review and Negative Declaration. STANDARD OF REVIEW AND FINDINGS The Town Board has discretionary authority to review and take final action on the Application under Town of Dryden Town Code (“Town Code”) Section 270-13.12 (“Solar Law”). TB 11-14-24 Page 11 of 27 Town Code Section 270-13.12 : Requirements and Findings In granting a Special Use Permit, the Town Board must consider each and every consideration set forth in the Solar Law. Here, the Town Board finds that the installation and operation of solar energy systems as a special use is specifically authorized under the Solar Law. As discussed below, the procedural and substantive requirements of the Solar Law relating to the review and approval of the proposed Site Plan have been followed and satisfied. After duly considering the application and record, the Town Board also finds that granting of the Special Use Permit will not alter the general character of the surrounding area or impair the intent or purpose of the Town Code or the Comprehensive Plan. The Solar Law considerations are addressed as follows: Section 270-13.12 (F) F. Ground-mounted large-scale solar energy systems. (1) Ground-mounted large-scale solar energy systems are permitted as principal and accessory uses through the issuance of a special use permit as approved by the Town Board with prior review and recommendations on the site plan by the Planning Board within Conservation, Rural Agriculture, Rural Residential, Mixed-Use Commercial, and Light Industrial Zoning Districts, subject to the requirements set forth in this section, including site plan approval. Applications for the installation of a ground- mounted large-scale solar energy system shall be reviewed by the Zoning Officer and referred, with comments, to the Town Planning Board for its review and recommendation, and to the Town Board for its review and action, which can include approval, approval on conditions, or denial. Finding: The Project is located within the Rural Agricultural District. The Application was first reviewed at a preapplication meeting with the Town’s Director of Planning. The Application was thereafter referred to the Planning Board. The Planning Board at its April 25, 2024 meeting made an initial review of the Application. The Planning Board continued its review at the May 23, 2024, June 27, 2024, and July 25, 2024 Planning Board meetings. On the July 25th Planning Board meeting, the Planning Board made their recommendations and referred the Application to the Town Board for Special Use Permit review. (a) Ground-mounted large-scale solar energy systems that produce electricity or thermal energy primarily for active farming or agricultural uses, where the generation is less than 110% of the farm use, shall be exempt from the requirement to obtain a special use permit or a site plan. Finding: This section is not applicable. The Project will be interconnected with the NYSEG electric grid. (2) Ground-mounted large-scale solar energy systems shall not be located in the following areas unless otherwise approved by the Town Board in conjunction with the special use permit approval process as provided in this section: (a) Prime farmland soils as identified by the USDA-NRCS or alternative available resource. Finding: The Applicant is proposing to construct the Project on 3.84 acres of prime farmland. The Town Board finds this disturbance to be minimal and hereby waives this section to allow the Project to be located on 3.84 acres of prime farmland pursuant to such waiver authority under Section 270-13.12 (F)(2) of the Solar Law. TB 11-14-24 Page 12 of 27 (b) Areas of potential environmental sensitivity, including unique natural areas, floodplains, historic sites, airports, state-owned lands, conservation easements, trails, parkland, prime soils, and wetlands as identified by Tompkins County Planning Department mapping services, the New York State Department of Environmental Conservation, or the United States Army Corps of Engineers. Finding: The Town Board finds that the Project will not be developed in areas of potential environmental sensitivity. The Applicant submitted a letter from the Office of Parks, Recreation, and Historic Preservation (OPRHP), dated April 17, 2024, confirming that no properties, including archaeological or historic resources listed or eligible for listing in the New York State and National Registers of Historic Places, will be affected by the Project. A wetland delineation was conducted, and no wetland areas will be impacted by the Project. Furthermore, the Project is outside of any designated floodplain. The Applicant also provided a Federal Aviation Authority (“FAA”) Notice Criteria Tool document, dated November 6, 2023, indicating that the Project does not exceed criteria requiring notice to the FAA. (c) On slopes of greater than 15%, unless the solar energy applicant can demonstrate through engineering studies and to the satisfaction of the Town Engineer that the proposed development will cause no adverse environmental impact that will not be satisfactorily mitigated. Finding: The Project will not be located on slopes of greater than 15%. (3) No special use permit or renewal thereof or amendment of a current special use permit relating to a ground-mounted large-scale solar energy system shall be granted by the Town Board unless the solar energy applicant demonstrates that such ground-mounted large-scale solar energy system: (a) Conforms with all federal and state laws and all applicable rules and regulations promulgated by any federal or state agencies having jurisdiction. Finding: The Town Board finds that the Project conforms with all federal and state laws and applicable rules and regulations promulgated by any federal or state agencies having jurisdiction. The Site Plan contains a detailed description of the Project. The Site Plan has been reviewed by T.G. Miller, P.C. (“Town Engineer”) and determined to materially comply with all applicable rules and regulations. (b) Is designed and constructed in a manner which minimizes visual impact to the extent practical. Finding: The Town Board finds that the Project is designed and will be constructed in a manner which minimizes visual impact to the extent practical. The vegetative screening along the southern portion of the array coupled with leaving sufficient natural vegetation on the parcel will mitigate any potential visual impacts. (c) Complies with all other requirements of the Town of Dryden Zoning Law and applicable Commercial Design Guidelines unless expressly superseded herein. Finding: The Town Board finds the Project complies with all other requirements of the Town of Dryden Zoning Law and applicable Commercial Design Guidelines. The proposed Project meets all applicable setbacks, lot coverage and zoning requirements. (d) Conforms with all adopted plans of the Town of Dryden. Finding: The Project conforms with all adopted plans of the Town of Dryden. TB 11-14-24 Page 13 of 27 (e) Complies with a fifty-foot front yard, rear yard, and side yard setback, except the setback is reduced to 10 feet (one feet for all fences) along the portion of any lot line where another ground- mounted large- scale solar energy system: is located across the line; and is no more than 50 feet from the lot line. Finding: The Site Plan last revised September 10, 2024 complies with the fifty-foot front yard, rear yard, and side yard setbacks. This is indicated on the Zoning Analysis table provided on page C-001 of the Site Plan. (f) Does not exceed 20 feet in height. Finding: The modules to be installed will not exceed 20 feet in height. The height of the fence surrounding the Project will be 8 feet in height. (g) Has a solar collector surface area (as measured in the horizontal plane) that, when combined with the coverage of other structures on the lot, does not exceed twice the maximum lot coverage as permitted in the underlying zoning district, unless the Town Board authorizes the additional exceedance through the special use permit process. Finding: The underlying zoning district allows a maximum lot coverage ratio of 25%. The lot coverage of the Project is calculated at 8.05%. The calculation is set forth on page C-001 of the Site Plan under the Zoning Analysis table. (4) Special use permit application requirements. For a special use permit application, the site plan application is to be used as supplemented by the following provisions and shall include, but not be limited, to the following: (a) A completed project application form in such detail and containing such information as the Town Board may require. Finding: The Applicant completed a General Permit Application Form dated April 4, 2024. (b) In fulfilling the requirements of the State Environmental Quality Review Act (SEQRA), the Town Board may require a Full Environmental Assessment Form (EAF) for the proposed ground-mounted large-scale solar energy system. The Town Board may require submittal of a more detailed visual analysis based on the information in, or analysis of, the EAF. Finding: The Applicant submitted a Full Environmental Assessment Form (Part 1) dated April 11, 2024, with revisions made on June 14, 2024, July 11, 2024 and August 15, 2024. Additionally, the Applicant provided a Viewshed Analysis dated March 7, 2024, and a revised version of the same on June 17, 2024, which details the specific areas of the array that would be visible from various vantage points. The Town Board is satisfied with the Applicant's proposed visual impact mitigation measures, noting that sufficient natural vegetation will remain on the parcel and screening will be provided along the southern section of the array. (c) Site plan in accordance with the requirements of Article XI and this section, including, without limitation: [1] Name, address and phone number of the person preparing the reports. TB 11-14-24 Page 14 of 27 Finding: The name, address and phone number of the Project contacts are located on the Cover Sheet of the Site Plan. Prior to the Project’s commercial operations date, the Applicant or owner of the Project (“Project Owner”) will provide the Town’s Code Enforcement Officer with an updated Project contact, including name, address and phone number. [2] Postal address and Tax Map parcel number of the property. Finding: The site information, including the postal address and tax map parcel number, are located on the cover sheet of the Site Plan. The Project will be located on a portion of tax map parcel 24.- 1-4. [3] Zoning district in which the property is situated. Finding: The zoning district in which the property is situated is located on the cover sheet of the Site Plan. The Project is located in the Rural Agricultural Zoning District. [4] The exact location including geographic coordinates of the proposed ground-mounted large- scale solar energy system including any solar arrays, equipment and anchors, if applicable. Finding: The exact location and geographical coordinates of the Project is shown on a table on page C-101 on the Site Plan. [5] Identification on site plans of areas of potential environmental sensitivity, including on-site or nearby unique natural areas, slopes greater than 15%, floodplains, historic sites, airports, other government lands, conservation easements, trails, parkland, prime soils, and wetlands as identified by Tompkins County Planning Department mapping services, the New York State Department of Environmental Conservation, or the United States Army Corps of Engineers. Finding: The Site Plan shows existing conditions on page C-100, which includes topographic contours, the extent of wooded areas and the extent of wetlands. A prime soils impact map, located on page C-501 of the Site Plan, highlights the areas of prime farmland and soil types within the Project area. There are no historic sites, airports or floodplains in proximity to the Project and therefore none are shown on the Site Plan. [6] The maximum height of the proposed solar energy system, including all appurtenances. Finding: The maximum height of the modules are shown on the Typical Rack System Detail on page C-600 of the Site Plan. The modules will not exceed 20 feet in height. The proposed fencing will be 8 feet in height. [7] A detail of solar collector type, including but not limited to equipment specification sheets for all photovoltaic panels and collectors, significant components, mounting systems, and inverters that are to be installed; and proposed solar energy production capacity design level proposed for the solar energy system and the basis for the calculations of the area of the solar energy system's capacity. Finding: The Applicant has provided equipment specification sheets via email to the Director of Planning on April 11, 2024, for the proposed modules, Q. Peak Duo XL-G11.3/BFG 570-585 and inverters, Sungrow SG3425UD-MV/SG3600UD-MV. The module and equipment detail is illustrative. Actual modules and electrical equipment to be installed at the Project will be subject to supply chain constraints and availability at the time of procurement. Updated specification sheets will be provided to TB 11-14-24 Page 15 of 27 the Director of Planning at the time of procurement. [8] The location, type and intensity of any lighting on the site. Finding: There is no exterior lighting proposed on site. [9] Property boundaries and names of all adjacent landowners; Finding: The property boundaries and names of all adjacent landowners are shown on page C- 101 of the Site Plan. [10] If the real property for the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted. A document must be submitted that clearly delineates the party responsible for decommissioning at the end of the life of the system and in the event the owner of the system abandons the system for any reason. Examples of such a document are a lease, memorandum of lease or letter of agreement. Finding: The Applicant has provided a redacted Amended and Restated Lease Agreement by and between NY Dryden III, LLC and Kim Lee LaMotte and Karin Kay LaMotte, dated December 18, 2023. The Lease Agreement specifies the responsibility for decommissioning is the Applicant’s responsibility in Section 9(b). [11] The location of all other structures on the property. Finding: There are no other structures located on the property. [12] The system shall be designed to accommodate emergency vehicle access. The design may include, but not be limited to, items such as the height, access ways for vehicles, firefighting capabilities, and other prominent features. Finding: The access road is 20’ wide to accommodate emergency vehicle apparatus. The Site Plan was reviewed by the McLean Fire District, as provided in email correspondence dated September 10, 2024, which had no further comments on the Site Plan. [13] Blueprints and a site plan showing the layout of the ground-mounted large-scale solar energy system, which must bear the seal of a design professional licensed to practice in New York State. Finding: The Site Plan has a Licensed Professional Engineer Stamp on each page. [14] Description of continuing solar energy system maintenance and property upkeep, such as mowing and trimming. Finding: The Town Board finds that the description of solar energy system maintenance of property upkeep was adequately described within the Applicant’s Operation and Maintenance Plan dated April 8, 2024 submitted via email to the Director of Planning on April 11, 2024 and updated on October 11, 2024. [15] The location, nature and extent of any proposed fencing, landscaping and screening. TB 11-14-24 Page 16 of 27 Finding: The Project will be enclosed by an 8’ tall deer fence mounted on pressure treated wood posts. The fence will blend in with the natural wooded surroundings. The fence will discourage large animals and trespassers from entering the site. The fence detail on Site Plan is located on sheet C-600. The Project has screening located on the southern portion of the array. The planting detail for screening is shown on sheet C-600 of the Site Plan. [16] The location and nature of any proposed utility easements and access roads or drives. Finding: As shown in the Site Plan on page C-101, the access road is located off Morris Road and extends southerly for several hundred feet before turning west into the middle of the array. There will be required easements needed for the proposed pole along the access road and the poles proposed on the adjacent neighbor’s property to reach the point of interconnection with NYSEG’s utility grid. As mentioned in the P.W. Grosser Response letter dated July 11, 2024, the confirmation of any required easements would be further defined by NYSEG as the Project moves forward during the utility’s design stage. [17] A glare assessment survey and any mitigation efforts that may be utilized to minimize glare on contiguous parcels of land. Finding: The Town Board finds that the anti-reflection technology described on the equipment specification sheets provided by the Applicant combined with the natural vegetative screening and proposed screening of the Project along the southerly side is sufficient to mitigate any potential glare. The Project’s location also makes it difficult to see from nearby roadways which reduces the risk of any potential glare. [18] A decommissioning plan as set forth in the below provisions titled "Abandonment and Decommissioning." Finding: The Applicant has provided a decommissioning plan dated April 8, 2024, that is consistent with the provisions of the Solar Law titled “Abandonment and Decommissioning”. (5) Special use permit standards. (a) Appearance and buffering: [1] The ground-mounted large-scale solar energy system shall have the least visual effect practical on the environment, as determined by the Town Board. Based on site specific conditions, including topography, adjacent structures, and roadways, reasonable efforts shall be made to minimize visual impacts by preserving natural vegetation, and providing landscape screening to abutting residential properties and roads, but screening should minimize the shading of solar collectors. Finding: The Town Board finds that the Project is designed in a manner which minimizes visual impact to the greatest extent practical. The Applicant is proposing vegetative screening along the southern portion of the array and leaving sufficient natural vegetation on the parcel to mitigate visual impact. [2] Any glare produced by the solar array shall not impair or make unsafe the use of contiguous structures, any vehicles on or off the road, any airplanes, or uses by other possible impacted entities as determined by the Town Board. Finding: The Town Board finds that the anti-reflection technology detailed in the equipment specification sheets provided by the Applicant, along with the natural vegetative screening and proposed TB 11-14-24 Page 17 of 27 additional screening along the southern portion of the array, is adequate to mitigate any potential glare. The Project's location minimizes visibility from nearby roadways, effectively eliminating any glare concerns. The Applicant also submitted the FAA Notice Criteria Tool, dated February 5, 2024, which confirms that no further consultation with FAA is required. [3] Any exterior lighting installed shall have the least visual effect practical on the contiguous properties and shall be approved by the Town Board. Finding: There is no exterior lighting proposed for the Project. [4] The Town Board may require additional information, such as line-of-sight drawings, detailed elevation maps, visual simulations, before and after renderings, and alternate designs to more clearly identify adverse impacts for the purpose of their mitigation. Finding: The Applicant provided a Viewshed Analysis dated March 7, 2024, revised June 17, 2024, demonstrating the specific areas of the array that would be visible from various viewpoints. The Town Board is satisfied with the Applicant’s visual impact mitigation measures as they are leaving sufficient natural vegetation on the parcel and providing screening along the southern portion of the array. [5] Equipment and vehicles not used in direct support, renovations, additions or repair of any ground- mounted large-scale solar energy system shall not be stored or parked on the facility site. Finding: There will be no equipment or vehicles stored or parked on the facility site. (b) Access and parking: [1] Ground-mounted large-scale solar energy systems may be enclosed by fencing to prevent unauthorized access. Warning signs with the owner's name and emergency contact information shall be placed on any access point to the system and on the perimeter of the fencing. The fencing and the system shall be further screened by any landscaping or decorative fencing needed to avoid adverse aesthetic impacts as approved by the Town Board. Finding: The Project will be enclosed by an 8’ tall deer fence mounted on pressure treated wood posts. The fence will blend in with the natural wooded surroundings and look aesthetically pleasing. The fence will discourage large animals and trespassers from entering the site. The access gate will incorporate signage displaying the Project Owner’s name and emergency contact information. The fence and gate detail on the Site Plan is detailed on sheet C-600. [2] Motion-activated or staff-activated security lighting around the equipment area of a ground- mounted large-scale solar energy system or accessory structure entrance may be installed provided that such lighting does not project off the site. Such lighting should only be activated when the area within the fenced perimeters has been entered. Finding: There is no motion-activated or staff-security activated exterior lighting proposed for the Project. [3] A locked gate at the intersection of the access way and a public road may be required to obstruct entry by unauthorized vehicles. Such gate must be located entirely upon the lot and not on the public right -of- way. TB 11-14-24 Page 18 of 27 Finding: The Project will have a locked access gate located at the entrance of the fenced array area. There is no gate proposed at the intersection of public right of way and access road. Engineering and maintenance: [1] Every solar energy system shall be built, operated and maintained to acceptable industry standards, including but not limited to the most recent, applicable standards of the Institute of Electric and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI). Finding: The Project will be built, operated, and maintained to acceptable industry standards, including those issued by IEEE and ANSI. The Applicant has provided a Project Summary dated April 12, 2024 and Operation and Maintenance Plan dated April 8, 2024 and updated October 11, 2024, demonstrating how industry standards will be followed. [2] The Town, at the expense of the solar energy applicant, may employ its own consultant(s) to examine the application and related documentation and make recommendations as to whether the criteria for granting the special use permit have been met, including whether the applicant's conclusions regarding safety analysis, visual analysis, structural inspection, and stormwater management aspects are valid and supported by generally accepted and reliable engineering and technical data and standards. Finding: The Town Board employed the Town Engineer to review the Project. The Town Engineer issued review letters dated May 21, 2024, June 27, 2024, July 19, 2024 and October 7, 2024. The Applicant’s consulting engineer, P.W. Grosser, P.C. (“P.W. Grosser”), issued response letters dated June 11, 2024, July 11, 2024, August 15, 2024 and September 10, 2024 addressing comments in the review letters. The Applicant provided a response letter dated October 10, 2024 to assist with clarification of comments provided in the Town Engineer’s July 19th and October 7th letter. (c) The Town Board may impose conditions on its approval of any special use permit under this section in order to enforce the standards referred to in this section or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA). Finding: The list of conditions of approval are listed later in this document. (6) Any application under this section shall also meet all provisions contained in Article XI for site plans that, in the judgment of the Town Board, are applicable to the system being proposed. Finding: The Town Board finds the Site Plan meets all applicable provisions contained in Article XI. G. Fees and deposits. (1) The fees for a special use permit, site plan review and building permit for a solar energy system shall be set from time to time by Town Board resolution. Finding: The Applicant has paid the applicable Special Use Permit and Site Plan review fee. The Applicant will pay the applicable building permit fee at the time the building permit is obtained. (2) The solar energy applicant shall deliver with its application an amount equal to 1% of the estimated cost of the project or $25,000, whichever is less (the "initial deposit"). This sum shall be held by the Town in a non-interest-bearing account, and these funds shall be available to the Town to pay consultants engaged by the Town to assist in review of the application. Following grant or denial of TB 11-14-24 Page 19 of 27 the application, the Town shall return to the applicant any excess remaining in escrow. If the escrow account has been depleted prior to grant or denial of the application, the applicant shall deposit such funds as are then necessary for the Town to pay any outstanding fees to said consultants. Finding: The Applicant has provided the Town with escrow fees. H. Building permits. (1) A holder of a special use permit from the Town Board granted under this section shall obtain, at its own expense, all permits and licenses required by applicable law, rule, regulation or code and must maintain the same, in full force and effect, for as long as required by the Town or other governmental entity or agency having jurisdiction over the solar energy applicant. Finding: The Applicant has demonstrated an understanding of this obligation and has provided assurances that they will secure, at their own expense, all necessary permits and licenses from the relevant governmental entities or agencies. Furthermore, the Applicant has committed to require the Project Owner to maintain these permits and licenses in full force and effect for the duration required by the Town and other governing bodies. (2) A holder of a special use permit from the Town Board for a solar energy system shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted Solar Energy System in strict compliance with all current applicable technical, safety and safety-related codes adopted by the Town, county, state or United States, including but not limited to the most recent editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health and land use codes. In the event of a conflict between or among any of the preceding, the more stringent shall apply. Finding: The Applicant has confirmed their commitment to comply with all relevant codes. (3) Unless waived by the Town Board, there shall be a preapplication meeting for the building permit application for a solar energy system that requires a special use permit or site plan review. The purpose of the preapplication meeting will be to address issues which will help to expedite the review and permitting process. A preapplication meeting may also include a site visit, if required. Costs of the Town's consultants to prepare for and attend the preapplication meeting will be borne by the solar energy applicant. Finding: The Applicant attended a preapplication meeting for the Project on March 5, 2024 with the Director of Planning. (4) The solar energy applicant shall furnish written certification that the solar energy system, foundation and attachments are designed and will be constructed ("as built") to meet all local, county, state and federal structural requirements for loads, including wind and snow loads. If the solar energy system is subsequently approved and constructed, similar as-built certification indicating that it has been constructed in accordance with all standards shall be furnished prior to the Town issuance of any certificate of occupancy or compliance. Finding: The Applicant shall furnish the written certification as outlined in this section prior to the Town’s issuance of any certificate of occupancy or compliance. TB 11-14-24 Page 20 of 27 (5) After construction and prior to receiving a certificate of occupancy or compliance, the solar energy applicant shall furnish written certification that the solar energy system is grounded and bonded so as to protect persons and property and installed with appropriate surge protectors by a certified and approved NYS Licensed Electrical Inspector. Finding: Prior to the issuance of certificate of occupancy or compliance, the Applicant shall furnish written certification that the solar energy system is grounded, bonded and installed with appropriate surge protectors by a certified and approved NYS Licensed Electrical Inspector. I. Right to inspect. (1) In order to verify that the solar energy system's owners and any and all lessees, renters and/or operators of the solar energy system place, construct, modify and maintain such systems, including solar collectors and solar inverters, in accordance with all applicable technical, safety, fire, building and zoning codes, laws, ordinances and regulations and other applicable requirements, the Town may inspect all facets of said system's placement, construction, modification and maintenance. Finding: The Town may inspect the Project from time to time. (2) Any inspections required by the Dryden Planning Department that are beyond its scope or ability shall be at the expense of the solar energy applicant. Finding: The Town may inspect the Project from time to time at the expense of the Applicant. J. Abandonment and decommissioning. (1) At the time of submittal of the application for a special use permit for a ground-mounted large- scale solar energy system, the solar energy applicant shall submit and agree to the performance of a decommissioning plan that includes the removal of the solar energy system and all associated equipment, driveways, structures, buildings, equipment sheds, lighting, utilities, fencing, and gates. If such system becomes technologically obsolete or ceases to perform its originally intended function for more than six consecutive months, the Town may require its removal in accordance with the decommissioning plan. The Town shall provide the solar energy system owner 30 days' prior written notice of a request for decommissioning. Upon removal of a ground-mounted large- scale solar energy system, the land shall be restored to its previous condition, including but not limited to the seeding and sodding, as appropriate depending upon the season of the work, of exposed soils. Finding: The Applicant has provided a Decommissioning Plan dated April 8, 2024, revised October 10, 2024, outlining removal of the facility at the time of decommissioning. Prior to issuance of a building permit, Project Owner shall enter into a Decommissioning Agreement with the Town. Non- compliance with the Decommissioning Plan or failure to maintain the required security shall be a violation of the Special Use Permit approval. (2) At the time of obtaining a building permit, the solar energy applicant may be required to provide a financial security bond or other form of financial security acceptable to the Town for removal of the ground-mounted large-scale solar energy system and property restoration, with the Town of Dryden as the obligee, in an amount approved by the Town Board. Upon any amendment of the special use permit, the Town Board may adjust the required amount of the financial security bond to adequately cover increases in the cost of removal of the ground-mounted large-scale solar energy system and property TB 11-14-24 Page 21 of 27 restoration. If the ground-mounted large-scale solar energy system is not decommissioned after being considered abandoned, the Town may remove the system and restore the property and impose a lien on the property pursuant to § 270-18.3B to recover these costs to the Town. Finding: Prior to issuance of a building permit, the Project Owner shall enter into a Decommissioning Agreement with the Town. The Decommissioning Agreement will contain further details of the financial security required. Non-compliance with the Decommissioning Plan or failure to maintain the required security shall be a violation of the Site Plan approval. (3) All other solar energy systems shall be considered abandoned after six consecutive months without electrical energy or thermal energy generation and must be removed from the property. The Town Board may consider and grant, for good cause shown, an application for one extension not exceeding 24 months for solar energy systems other than ground-mounted large-scale solar energy systems. Finding: As a condition of approval, the Decommissioning Agreement shall contain this language. Town of Dryden Requirements and Findings The Town Board is authorized to conduct a Site Plan review under the Solar Law and must consider factors reasonably related to the health, safety and general welfare of the community. The Applicant has submitted information required under the Solar Law. Upon review and deliberation, the Town Board finds the Applicant’s Site Plan to meet the requirements of the Solar Law. DECISION Based on the foregoing findings and after review of the Application and supporting materials, Applicant’s presentations at the preapplication meeting with the Town’s Director of Planning and presentations at Planning Board meetings on April 25, 2024, May 23, 2024, June 27, 2024 and July 25, 2024 and presentations at Town Board meetings on August 15, 2024, October 17, 2024 and November 14, 2024; and after consideration of the comments made at the public hearing held on October 17, 2024 and November 14, 2024; and after due deliberation: BE IT RESOLVED, that the Town Board finds that the Applicant has submitted all applicable materials and met all applicable requirements as set forth in Solar Law; and be it further RESOLVED, that the Town Board hereby approves the Application and authorizes issuance of a Special Use Permit for the Project in accordance with the layout, design, specifications and notes shown on the Site Plan, subject to all applicable laws and conditions; and, be it further RESOLVED, that the Town Board hereby approves the Site Plan for the proposed Project in accordance with the layout, design, specifications and notes shown on the Site Plan, subject to all applicable laws and conditions; and be it further RESOLVED, that the Dryden Town Supervisor is hereby authorized to execute any and all documents necessary with respect to the Project; and be it further RESOLVED, that the foregoing approvals are subject to the following conditions: 1. Town Costs. Payment of all fees in accordance with the Town’s fee schedule and payment of any outstanding consultant fees. TB 11-14-24 Page 22 of 27 2. Decommissioning Agreement. Prior to issuance of a building permit the Applicant or Project Owner shall enter into a Decommissioning Agreement with the Town. 3. Emergency Contact. Prior to issuance of a building permit, the Applicant or Project Owner shall identify a person responsible for responding to safety inquiries and notify the Town’s Code Enforcement Officer with the person’s name, address and phone number. 4. Signage. Prior to issuance of certificate of occupancy or certificate of compliance, the Applicant or Project Owner shall install all required signage to the satisfaction of the Code Enforcement Officer. 5. Driveway Access Permit: Prior to issuance of a building permit, the Applicant or Project Owner shall comply with the condition of the Town of Dryden Department of Public Works to obtain driveway permit for access of Morris Road. 6. System Maintenance. The Applicant or Project Owner approved herein shall maintain it in good condition and in accordance with industry standards. 7. Use of Herbicides. Use of herbicides to control plant growth in and around the Project shall be prohibited, unless approved by the Code Enforcement Officer. 8. Operations and Maintenance Plan. The Applicant or Project Owner shall comply with the Project’s Operations and Maintenance Plan dated April 8, 2024 (as updated October 11, 2024). The Applicant or Project Owner will engage in reasonable efforts to hire a local landscaper to install and maintain the vegetative screening as detailed on the Site Plan. 9. Compliance with Site Plan. The Applicant or Project Owner shall comply with the conditions and safeguards as shown on the Project’s Site Plan. 10. Compliance with Project Summary. The Applicant or Project Owner shall comply with the safeguards and representations set forth in the April 12, 2024 Project Summary. Any conflicts between the Project Summary and any other Project approval document (e.g. approval resolution, Site Plan, and conditions set forth herein) shall be deemed to supersede and modify the Project Summary. 11. Notice of Ownership Changes. If the Applicant or Project Owner of the Project changes, the Special Permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the decommissioning plan. The new owner or operator of the Project shall notify the Code Enforcement Officer of such changes in ownership or operator within 30 days of the ownership change. 12. Provide executed Storm Water Operation, Maintenance and Reporting Agreement. 13. Provide a copy of the USACE/NYSDEC Jurisdiction Determination for the wetlands that have been identified on the site and make any necessary site plan adjustments to avoid impact to any identified wetlands or acquire any applicable permits for such impact. 14. Provide the NYSDEC NOI Letter of Acknowledgement for the Stormwater Permit for Construction Activity. 15. Provide a written statement incorporating a commitment and requirement to mitigate glare, if any, that is realized from within the existing residential structures that immediately adjoin or are in close proximity to the solar array property boundary. This would require the applicant to install additional vegetative screening of the species and height needed at appropriate line- of-sight locations to intercept the glare. The term of this condition should be at least five years following the date the arrays are fully operational. TB 11-14-24 Page 23 of 27 16. Applicant to consult with NYS Agriculture and Markets regarding land grading activities within an agricultural district, including prime farmlands and highly productive soils. Trenching for underground electric cables or conduits shall follow the NYS Department of Agriculture and Markets “Minimum Construction Standards for Water/Sewer Transmission Mains Located Wholly or Partially in an Agricultural District”. Also refer to “Department of Agriculture and Markets Guidelines for Agricultural Mitigation for Solar Energy Projects”. 17. Provide final stamped SWPPP once the final grading plan has been developed. Further evaluate the bypass swale along the north side compared to allowing offsite stormwater to sheet flow through the site below the panels. Consider shifting the rain gardens to be closer to the inverter pads to avoid routing larger watersheds through the practices. 18. Town of Dryden Standard Conditions of Approval as amended August 14, 2008. 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Presentation – Speed Limit Reduction Christina Endler and Brian Earle who both reside near the intersection of Sheldon Road and West Dryden Road, where there was a recent fatal motor vehicle accident, presented the board with the language of a petition (attached) they are gathering signatures on (over 70 to date). C Endler said she no longer feels safe in her home (607 West Dryden Road) that was hit in a fatal motor vehicle accident. This is the second severe accident she and her husband have witnessed on their front steps since they bought their home in November of 2022. Several of their neighbors have also had traumatic experiences with vehicles running into their property and causing severe destruction. It is a sobering reality for their community that their lives and property are at impending risk due to the high speed of vehicular movement on their road. She wasn’t surprised when reviewing the vehicle crash data for the years 2018 through 2022 that their intersection was mentioned ten times. She reviewed information in the petition. She is asking that the speed limit on West Dryden Road be lowered from 55 mph to 45 mph, saying their lives should never be seen as collateral damage in the face of speed and traffic flow. She thanked those responsible for getting a flashing light in place at the intersection. Brian Earle said he and his wife have lived in their home for 52 years. He has seen the picket fence at the church destroyed. Their house has been hit. They had a maple tree taken out by a ten-wheel truck, and their porch has been damaged. They have replaced their rail fence three times. Traffic and the speed of it has increased substantially over time. Tractor trailers are coming off Route 13, going up Hanshaw Road and going up West Dryden Road to Asbury and Triphammer Roads. Cl Lamb said everyone is concerned and he and the Supervisor have talked with county personnel about the situation. It is a county road and the county is aware of it. C Endler has talked with County Highway Manager, Jeff Smith, and will be providing him with supporting information directly. TB 11-14-24 Page 24 of 27 RESOLUTION #173 (2024) – REQUEST SPEED LIMIT REDUCTION ON WEST DRYDEN ROAD Supv Leifer offered the following resolution and asked for its adoption: WHEREAS, West Dryden Road has become more densely populated and more heavily travelled over the years, and WHEREAS, the intersection of West Dryden Road and Sheldon Road has been the site of many motor vehicle accidents since 2018, resulting in property damage, physical injury and most recently death, and WHEREAS, the Town Board is concerned with the safety of the travelling public, pedestrians, cyclists, and residents of West Dryden Road, now therefore be it RESOLVED, that the Dryden Town Board hereby requests that the speed limit on West Dryden Road be reduced to 45 mph and that NYS Department of Transportation conduct a study of the area to determine whether such a reduction in speed limit is warranted, and whether there are other traffic mitigation and safety measures that should be considered and implemented. 2nd Cl Buck Roll Call Vote Cl Vargas-Mendez Yes Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes HIGHWAY DEPARTMENT/DPW Highway Superintendent Rick Young has requested approval for vehicle purchases. He’d like to purchase a new pickup with 2024 funds. RESOLUTION #173 (2024) – AUTHORIZE PURCHASE OF 2024 CHEVROLET SILVERADO Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the purchase of a 2024 Chevrolet Silverado 2500 at a cost not to exceed $80,000 using funds from A1490.2. 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes R Young would like to order two Western Star trucks now using the Onondaga County bid to be paid for with funds from his 2025 budget when they are delivered hopefully in the spring of 2025. He noted that the restriction on sale of fuel powered trucks until a specific number of electric trucks had been sold has been lifted. They will be outfitted with a plow package after they are delivered. RESOLUTION #174 (2024) – AUTHORIZE PURCHASE OF TWO 2026 WESTERN STAR TRUCKS TB 11-14-24 Page 25 of 27 Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the purchase of two 2026 Western Star tandem axle cabs at a total cost not to exceed $400,000 to be paid using funds from DA5130.2 in the 2025 budget. 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Grant Announcement – Alice Green said they have just learned that the Town was awarded a $175,000 grant which will enable the purchase of three electric vehicles for the town. One will be designated for code enforcement and two will be for DPW. They will work with Rick Young to identify how those vehicles could be used. They had expected to target these funds for the DPW highway barn, for both a building condition assessment and an energy study and upgrades, but they found out just last week that this grant was rapidly depleting. They could not make the timeline to get the required energy study for the highway barn and this was Plan B. There is no match required by the town. She thanked the members of the task force for making this happen. The town has received over $300,000 from this program to date. BUDGET HEARING continued Supv Leifer reported that the board can act on the total levy amount for the Fire Protection District and then determine the contract amounts and hold a public hearing on the contracts next month. There were no comments or changes and the public hearings were closed at 7:05 p.m. RESOLUTION #176 (2024) – ADOPT 2025 ASSESSMENT AND SPECIAL DISTRICT ROLLS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby adopts the Special District and Assessment Rolls for the Town of Dryden for 2025. 2nd Cl Lamb Roll Call Vote Cl Vargas-Mendez Yes Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #177 (2024) – ADOPT 2025 BUDGET AND SPECIAL DISTRICT BUDGETS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby adopts the preliminary general budget as presented as the Town of Dryden’s general budget for 2025, and it is further TB 11-14-24 Page 26 of 27 RESOLVED, that this Town Board hereby adopts the preliminary special districts budgets as the Town of Dryden special districts budgets for 2025. 2nd Cl Vargas-Mendez Roll Call Vote Cl Vargas-Mendez Yes Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #178 (2024) - RELEVY DELINQUENT WATER/SEWER AMOUNTS Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby authorizes the relevy of unpaid water and sewer bills to the 2025 real property tax bills. Property owners were mailed a letter advising them of the date by which payment must be received (at least 30 days from the date of the letter) in order to avoid having the amount due added to the property tax bill. The amount relevied will be the outstanding balance on any account prior to the October billing. 2nd C. Dravis Roll Call Vote Cl Vargas-Mendez Yes Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes RESOLUTION #179 (2024) – AUTHORIZE AMBULANCE CONTRACT Supv Leifer offered the following resolution and asked for its adoption: RESOLVED, that this Town Board hereby approves the following ambulance contract for 2025 and authorizes the Supervisor to execute the same. Dryden Ambulance, Inc. $1,222,659 2nd Cl Buck Roll Call Vote Cl Vargas-Mendez Yes Cl Buck Yes Cl Dravis Yes Cl Lamb Yes Supv Leifer Yes Supv Leifer said there will be future discussions regarding Dryden Ambulance’s large response to calls outside of the district. Cl Lamb said TCCOG has passed a resolution urging that ambulance service be declared an essential service by the state. The county legislature will be considering a similar resolution in the near future. Fire Department Discussion Etna Fire Department – Linda Fenner said they appreciate the help given them by Varna and Freeville, and wanted to point out that it was the Town that wanted Freeville and Varna activated on their first activation. They have made progress and are trying to make improvements, though it isn’t one hundred percent. They missed 34 calls out of 168. They are trying to get a bunker program in and make improvements in response. Taking funds from TB 11-14-24 Page 27 of 27 them will put them in the same shape as Freeville, with a deficit for equipment. For 20 years, they have worked though the budget allotted them and only asked for more money once, for roof repairs to their training facility. She has talked with the bank about their bunker, but she can’t put the department in debt with this turmoil. They have five new members and three of them are experienced fire fighters. She asked the town to activate other departments on the second tone and to approve their budget as requested. Michelle Robinson said they reviewed the list of no response EMS calls and there were several inaccurately reported. They made all their fire calls. Their EMS captain, who orders their supplies, said supplies used by other departments may total $1,000 to restock. Freeville Fire Department – Mike Parker asked for an increase in their budget for running more calls. It will be approaching 500 calls by the end of the year, and that exceeds any other department in Dryden. By call they are the lowest paid in the town by a lot. They need the money to replace equipment, for gear for members, and a lot of the need is because of Etna. They have more than doubled responses for Etna in four years. Going by the rip and runs from the county since January, Etna has missed 48 of 111 calls. When activation calls are missed, it is a delay of patient care. There was discussion and disagreement about which source of data is the most accurate. Supv Leifer asked board members to reach out to departments if they have questions by next week when contract amounts will be determined. A public hearing on the contracts will be held December 12. FIRE COORDINATOR Chris O’Connor said he is working on the town strategic plan. It is a complicated and ever-changing thing. Supv Leifer noted how to meet fleet needs is important. C O’Connor said there are a lot of moving parts and emotions. He is meeting with Justin Vann tomorrow. He noted that two town departments and McLean have department staff downstate fighting the wildfire there now, and some more may go. Next week’s agenda will include action on the Freese Road Bridge FEAF. There being no further business, the meeting was adjourned at 7:44 p.m. Respectfully submitted, Bambi L. Avery Town Clerk