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HomeMy WebLinkAboutEnfield Lot Coverage Waiver Letter - 03.03.21 Town of Enfield, NY Planning Board Chair t. T 03/03/2021 ��� SOLAR FARMS Dear Mr. Walker, Pursuant to Enfield Site Plan Review Law Section 3.1—Waiver of Site Plan Requirements, Norbut Solar Farm, LLC is requesting that the Planning Board approve and provide a Lot Coverage waiver regarding the Enfield Solar Law Section CA in which Lot Coverage is defined as "The enclosed or fenced in area of a Large-Scale Solar Energy System shall not exceed 60%of the lot on which it is installed." Norbut Solar Farm, LLC is proposing to build three 5 MW arrays on 249 acres of land under contract to be purchased. By NYSEG regulations, each 5 MW array is required to be subdivided into separate land parcels. Security fencing is to be installed in close proximity to each solar array and in conformance with each subdivided parcel. Under the current Enfield Solar Law,this would require that Norbut Solar Farm, LLC include additional unusable land within the new subdivided parcels of land.Thus, creating dead space through out the property and negatively impacting the character of the area and surrounding commercial and residential community. In previous meetings with the Planning Board, it has been commonly agreed that the intent of the "Lot Coverage" definition was to protect and preserve the character and integrity of the Enfield Community. For that reason,we are asking that the Planning Board consider the three solar arrays as one project in comparison to the acreage being purchased by Norbut Solar Farm, LLC. The current solar project area, as submitted to this Board, is less than 97 acres. The 97-acre project area is equivalent to 38.9%of the entire 249-acre parcel being purchased by Norbut Solar Farm, LLC.This is significantly less than the 60% lot coverage requirement put forth by the Town of Enfield Solar Law in Section C—Solar Permit Standards. Respectfully submitted, Jonathan Stone Norbut Solar Farms C. Solar Permit Standards- 1 ) Height. Large-Scale Solar Energy Systems shall not exceed twenty (20) feet in height unless a variance is approved by the Planning Board pursuant to the standards set forth in Section 3_1 of the Site Plan Review Law or any successor provisions_ Setbacks_ ,any Solar Energy Equipment and any related fencing or other enclosures of a Large-Scale Solar Energy System shall be setback at least thirty (30) feet from the side and back lines of the property owner's lot and at least one hundred twenty five (1 5) feet from the centerline of any road bordering on such lot_ In the event the property has no road frontage or is a flag lot,_ the setback shall be at least thirty (30) feet from all sides of the lot_ ) Lot Size_ Large-Scale Energy Systems shall be located on lots with a minimum lot size of 5 acres_ 4) Lot Coverage_ The enclosed or fenced in area of a Large-kale Solar Energy System shall not exceed 60% of the lot on which it is installed_ SECTION 3.1 -WAIVER OF SITE PLAN REQUIREMENTS- A. The Planning Sward may by resolution except or exempt an Applicant from any one or more of the requirements of this Local Law by waiver, except for the landowner and public notice requirernents . All requests for a waiver from any requirements set forth in this Local Law shall be made by the Applicant in writing and shall contain a statement as to the grounds upon which the Applicant relies for requesting the waiver, including all allegations of any facts on which the Applicant will rely. Where the Planning Board finds that a waiver of certain requirements is justified then a waiver may be granted,provided, however, that no waiver shall be granted unless the fallowing conditions are met: L The Planning Shard finds and records in its minutes that granting the waiver is justified and would be in accord with the intent and spirit of this Local Law, and is otherwise not adverse to the best interests of the community. 2. There are special circumskances involved in the particular case and denying the waiver would result in undue hardship to the Applicant, provided that such hardship has not been self-imposed. 3. The waiver requested and/or granted is the minimum degree of variation from the requirements of this Local Law as is necessary to accomplish the relief found appropriate in connection with such waiver application- B. The Planning Board may condition the granting of any waiver upon any one or more reasonable conditions or requirements.