HomeMy WebLinkAbout2017 Feb 1 planning board.pdfTown of Enfield Planning Board Meeting Minutes - February 1, 2017 - Enfield Community Building
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PRESENT: Poney Carpenter, Ann Chaffee, Steve Givin, Dan Walker
OTHERS PRESENT: Henry Hansteen, Enfield Councilperson and Planning Board Alternate, Alan
Teeter, Code Enforcer, Ann Rider, Enfied Town Supervisor, Beth McGee, Enfield
Councilperson.
Dan Walker called the meeting to order at 7:05 p.m.
Ann Chaffee made a motion to accept the minutes of the January 4, 2017 meeting. Poney Carpenter
seconded the motion. Minutes passed unanimously.
Dan Walker noted the large number of residents in attendance for the public hearings. He invited
them to apply for membership as a Planning Board regular or alternative member. There were no
“takers”.
Dan Walker opened the Public Hearing for the APC Towers and Verizon Wireless, to construct a
public utility monopole telecommunications facility on Fish Road at 7:10 p.m.
Corey Auerbach, Attorney of Barclay Damon and Robert Wilson, Engineer, presented the application
material for telecommunications facility on Fish Road. Permit documents have been presented to
Alan Teeter, Enfield Code Enforcer with copies to the Planning Board. Owners – Dale and Florence
Laue, Tax map no. 8.-1-13.4. The project involves the construction of a 115’ monopole (with a
proposed 4’ lightening road) and placement of 12 panel antennas and r elated equipment. [General
application for Site Plan Review: applicant AOC Towers, Morrisville, NC and Plans: C& S Engineers,
Syracuse, NY.]
They pointed out that the facility will be unmanned, surrounded by a wire fence, access road built up
from a current “farm” road, lights within the facility will be on a timer. The facility will cover areas of
“data coverage” not in existence now and create areas for future coverage.
The size of the equipment used to build the facility will be of “standard size” fo r construction. The
Tower will be delivered in different sections.
Dan Walker opened the floor for public comment and questions. Questions asked:
How long is the lease for the property? 5 year terms for 40 years.
Tower decommissioning who takes responsibility for this? APC Towers are responsible for
removal of the tower if decommissioned.
How long will installation take and when? 4-6 weeks, depending on the weather and probably
late 2017 - 2018.
Have the neighbors been notified for the project? Yes, this notification is part of the Town of
Enfield Site Plan Review law.
How will roads be taken care of when construction and delivery starts? They will work with
Enfield Town Highway Supervisor, Army Corps of Engineers and the DEC. This involves not
only Fish Road but the access road they will be constructing to the facility.
Has or will a “Curve Cut” permit been applied for from the Enfield Town Highway Supervisor.
Yes.
Town of Enfield Planning Board Meeting Minutes - February 1, 2017 - Enfield Community Building
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Is there a “Road Use Agreement” in place in the town? Dan Walker answered that no there is
no Road Use Agreement. He will place a notification in the Environmental Review for the
company to coordinate work and repair concerning roads with the Enfield Town Highway
Supervisor.
Dan Walker closed the public hearing at 7:30 p.m.
Dan Walker stated he had called the Department of Planning, Tompkins County (TC), regarding the
application for “239 Review”1 since the project is 500 feet of a County/State Route 327. This is
decided based on the property tax parcel the project will sit on. He will be meeting with Scott Doyle,
of the Department of Planning TC on Friday, February 3 regarding the review. The Planning Board
will discuss the SEQR (State Environmental Quality Review Act) form submitted by APC Towers at
the March 7 meeting.
Dan Walker opened the Public Hearing for the Delaware River Solar Farm at 7:35 p.m.
Peter D, Joh, and Michael Sullivan, Engineer, presented the application material for the Delaware
River Solar (DRS) community solar photovoltaic facility telecommunications on Podunk Road. Permit
documents have been presented to Alan Teeter, Enfield Code Enforcer with copies to the Planning
Board. The facility involves the developing, installing and operating a 2.0 mega-watt AC community
solar photovoltaic facility. The proposed site for the facility would be on approximately 11.51 acres of
undeveloped land in the Town of Enfield near Podunk Road (236 Podunk Road). They are seeking a
Negative Declaration (determination not to have significant adverse environmental impacts) for the
project. The facility is looking to power up 400 homes. They will be “marketing” to Enfield residents
to sign-up for solar power access. If they do not receive enough participants “sign-ups” within Enfield
they will go outside of the community for participants. Delaware River Solar will have a web-site
where participants can sign-up and they will hold “informational community forums”. There is no cost
to sign-up for the project. The facility will be surrounded by fencing. A temporary access road will be
put in place for construction of the facility and removed after the project is constructed.
Dan Walker stated that a SWEPP (Stormwater Pollution Prevention Plan) will be needed for
the project.
1 NYS General Municipal Law (§239 l, m & n) requires that communities in Tompkins County refer certain
development applications, proposed zoning changes, and comprehensive plans to the Tompkins County
Department of Planning and Sustainability for review, comment, and recommendations before taking final
action. In evaluating projects for countywide impact, the Tompkins County Department of PLanning and
Sustainability uses a review framework based on criteria in state law, including compatibility with the County’s
Comprehensive Plan.
Municipalities are required to submit all application materials which the local board will utilize in making its
decision 30 days prior to the date when local action is anticipated and can do so via this referral form.
Tompkins County will issue a letter making a determination of no impact, recommended modification or denial
to the municipal contact within 30 days of the receipt of the full application. Local boards must vote with a
supermajority (majority plus one) to approve a project without integrating a County recommendation.
http://www.tompkinscountyny.gov/planning/community-planning
Town of Enfield Planning Board Meeting Minutes - February 1, 2017 - Enfield Community Building
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Dan Walker opened the floor for public comment an d questions. Questions asked:
Is the DRS working the Town of Newfield for installation of solar facilities and do they have
PILOT (payment in lieu of taxes) agreement with them. Yes, they will be installing solar
facilities in the town and have PILOT agreement with the town. Newfield has not “opted out”2
of the New York State solar property tax exemption. The Town of Enfield has “opted out”3 of
the NYS solar property tax exemption. Beth McGee, Enfield Councilperson, stated she is
working with Jay Franklin, Assessment office of Tompkins County, regarding the “opt out”
option and interpretation of the “opt out”. Tompkins County is working on how to tax solar
panels in regard to residential vs. commercial.
Will chemicals be used to control landscaping within the solar panels. No, pesticides,
herbicides will be used in controlling landscape under the panels.
The facility will be unmanned. Once or twice a year, or on a “as needed” basis a
representative will check on the facility.
How is the decommissioning of the solar panels handled? The DRS is the responsible party
for any decommissioning of the solar panels.
How far are the setbacks? Setbacks from neighbors are 50 feet and 300 to 400 feet from the
road. The facility will be located behind the house located on the property.
Is there capacity in the electrical grid for the solar facility? Yes, they have to apply for the
setup of the solar farm through NYSEG. DRS is located in approximately 6 counties in New
York State. Households will have a certain about of capacity allocated to them based on the
usage of electricity they currently use. DRS will have 3 different programs one, five and ten
year programs. The first year customers will receive 25% off their rate. Rate are not regulated
like NYSEG.
Will there be an adverse effects to the land in regard to the solar panels? DRS is working with
the DEC/Environmental. They were told there is a species of White Eared Owl designated as
endangered is located in the area.
What type of jobs will be available and will they be handled locally? The installers for the
facility will be a mix of local and instate. They will subcontract out for the work and materials
2 May 15, 2012 - Following a public hearing, the Legislature adopted a new Local Law Opting Out of Section
487 of the New York State Real Property Tax Law, which allows for an exemption of any increase in value due
to construction of a solar, wind, or farm-waste energy system. The vote was 10-4, with Legislators Frank Proto,
Pam Mackesey, Carol Chock, and Dooley Kiefer voting no and Legislator Nathan Shinagawa excused. The
Legislature's action notes that the opt-out measure comes in anticipation of development of the county's first
large-scale commercial windfarm, Black Oak Windfarm, in the Town of Enfield, and that it is the Legislature's
intent to encourage developers of such large-scale energy installations to negotiate payment-in-lieu-of-tax
(PILOT) agreements in good faith with affected taxing jurisdictions. The Ithaca City School District and the
Town of Enfield have already elected to opt out of the Section 487 exemption.
http://www.tompkinscountyny.gov/news/local-law-adopted-opting-out-state-real-property-tax-law-solar-wind-
exemption
3 Wind Energy Law Local Law #1 – 2009 Page 28 SECTION 3: SECTION 487 TAX ELECTION – Pursuant to
Subdivision 8 of the New York Real Property Tax Law, the Town hereby declares and determines that no
exemption under said Section 487 (as now exists or as hereafter re-codified or amended) shall be applicable
within the Town with respect to wind energy systems or farms. The Town reserves the right to enter into an
authorized PILOT agreement with any Person in connection with any such wind energy system or farm.
Town of Enfield Planning Board Meeting Minutes - February 1, 2017 - Enfield Community Building
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needed for the facility. There will be no permanent employment opportunities. A landscaper
will be needed for the maintaining the facility. A cleaning crew will be needed to clean the
panels, including snow removal. There are companies now in business that do this cleaning.
A local engineer will be placed on call for any maintenance needs that occur.
How does billing occur for participants? DRS will bill and NYSEG will show credit from DRS. A
resident stated that NYSEG does “hand generated” spread sheets for solar panel owner
credits currently. DRS assured the residents that do computer generated spread sheet billing.
Why is DRS chosen vs. any other local solar company? No answer as to why company was
truly chosen. Economics could play a part in the choice of companies. NYSEG has a limited
capacity so companies have to sign up in the “Q System” to apply for usage.
When will sign-ups start? The project will not start until all permits have approval.
How many panels will be installed? A total of 8,000 panels will be installed.
Poney Carpenter stated his approval of the project is based on standard rates, local construction
involvement, profits of long term energy usage, less usage of fossil fuel.
Dan Walker closed the public hearing at 8:15 p.m.
Dan Walker pointed out that there were no property boundaries indicated on the site plan. Dan
Walker asked for the boundaries to be added also showing the adjoining properties to the Plat Map
and e-mailed to him. He has included the DRS application for “239 Review” with his meeting (above
mentioned) on February 3. The Planning Board will discuss the SEQR (State Environmental Quality
Review Act) form submitted by DRS at the March 7 meeting.
Dan Walker opened the Public Hearing at 8:15 p.m. for the Commercial Retail Development; stand
alone dry good store to be located at 2124 Mecklenburg Road by The Broadway Group, LLC,
Huntsville, Alabama.
DeAnna Hyche of the Broadway Group and Radoslav Nedkov, CEI Scranton, Pennsylvania introduced
the above Site Plan Application. The total site area is 1.568 acres. She stated that the “store” is
designated as a convenience location not a destination location. It is a “general variety store” not all
groceries. Construction for the store will be locally hired. A estimated 10 – 12 people will be hired for
employment in the store. They will be adding a 4,000 cubic yard fill area and move the driveway from
the original designated area on the east to an area on the west side. This answers the concern the
Planning Board and the DOT (Department of Transportation, NYS) had about the location of the
driveway and the view to enter Mecklenburg Road safely. The existing tree lines will be left on both
sides of the store. The lighting for the area will be located on the store. The construction in concern
with Mecklenburg Road/State Route 79 is in compliance with the DOT.
Dan Walker opened the floor for public comment and questions. Questions asked:
Why can’t DeAnna Hyche state what the name of the store is? It involves the confidential
clause of her client. The Broadway Group will maintain the store for the first year to insurance
all warrenties, etc. are covered. A new owner will “step in” after the first year.
There was comment that it was felt that this store would be a great benefit to the community.
Town of Enfield Planning Board Meeting Minutes - February 1, 2017 - Enfield Community Building
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There was concern regarding “foot traffic” to the store. Would that be addressed by placing in
sidewalks? Sidewalks are not part of the construction for the store. There is a liability concern
regarding sidewalks. There is not an area to place sidewalks in. A suggestion of making the
driveway entrance larger to address pedestrian traffic coming in and out of the location. It was
also wished that maybe property owners could work together for solution of safety along the
highway.
Should there be concern about “moisture” problems in the building? The facility is a metal
building, high level of insulation. They have not had previous problems with any of their other
buildings.
Will the house on the property be taken down and is there a possibility of recycling the house
by local contractor? DeAnna Hyche replied that the time line for taking the house down was
very tight. It included allowing the residents time to move out. She invited Norman Smith to
contact her regarding the house for recycling of building materials.
Will there be lighting along the road in connection with the store? No the store will not place
lighting along the road. Dan Walker stated that light poles are not paid for by New York State,
they would have to be placed and paid for by the town.
Could solar panels be used on the roof of the building? DeAnna Hyche said she could suggest
this to her clients along or possibly signing up for solar usage through one of the solar farms.
Dan Walker closed the public hearing at 8:55 p.m.
Dan Walker state he has included the Broadway Group application for “239 Review” with his meeting
(above mentioned) on February 3. The Planning Board will discuss the SEQR (State Environmental
Quality Review Act) form submitted by the Group at the March 7 meeting.
Poney Carpenter made a motion and seconded by Ann Chaffee to adjourn the meeting. Meeting
adjourned at 9:00 p.m.
Respectfully submitted, Sue Thompson, Recording Secretary
