HomeMy WebLinkAbout11-02-2022TOWN OF GROTON –MINUTES OF TOWN BOARD MEETING
WEDNESDAY, NOVEMBER 2, 2022 AT 7:30 PM
Town Officers Present: Town Officers Absent: Also Present:
Donald F. Scheffler, Supervisor Randy Jackson, Town Justice Barbara Siebe
Crystal Young, Councilperson Paul Lang, Town Justice Barry Siebe
Sheldon C. Clark, Councilperson Brian Klumpp, Councilperson Ed Neuhauser
Richard Gamel, Councilperson Ellard Keister, Highway Superintendent Dan Carey
Robin Cargian, Town Clerk Mack Rankin, Dept. Highway Lisa Maloney-Hahn
Francis Casullo, Attorney Thomas Mayo
W. Rick Fritz, Code Official
Monica Carey, Planning Board
The meeting opened with the Pledge of Allegiance at 7:33pm
Supervisor Scheffler – Good evening everyone. Item one to discuss a Code and Building Department
software vendor has been postponed so we will move to the proposed local law to place a moratorium on
commercial solar energy systems in the Town of Groton. The draft was mailed to the town board
members giving them the required days to review it. I will read the law in its entirety for the record and
move for a discussion.
LOCAL LAW NO. 2 OF 2022
TO PLACE A MORATORIUM ON
COMMERCIAL SOLAR ENERGY SYSTEMS
IN THE TOWN OF GROTON
Be it enacted by the Town Board of the Town of Groton as follows:
Section 1. Title
This local law shall be referred to as the "Local Law Imposing a Six (6) Month Moratorium on
Commercial Solar Energy Systems in the Town of Groton."
Section 2. Authority and Intent.
Pursuant to the statutory powers vested in the Town Board of the Town of Groton (the "Town Board")
by the New York State Constitution and New York Municipal Home Rule Law
§10, to regulate and control land use and to protect the health, safety and welfare of its residents,
the Town Board hereby declares a six (6) month moratorium on the issuance of approvals and permits
for Commercial Solar Energy Systems (as defined below) within the Town of Groton.
Section 3. Legislative findings
The Town Board desires to review on a comprehensive, Town-wide basis the laws and zoning
regulations currently in place regulating land uses relating to Commercial Solar Energy Systems,
including solar panels or solar installations and to amend, if necessary, such laws and zoning
Town Board Minutes Page 2 November 2, 2022
regulations. The Town Board is concerned that approval of Commercial Solar Energy Systems under the
Town's existing laws may not support the best uses for the agricultural lands within the Town of Groton
and that such uses could be located in unsuitable areas within the Town and/or on particular lots without
adequate dimensional regulations in place.
The purpose of this local law is to temporarily prohibit the processing and approval of any application
for a permit to construct and/or install Commercial Solar Energy Systems in the Town of Groton until
the Town Board can analyze and enact legislation to carefully integrate Commercial Solar Energy
Systems within the Town's existing pattern of predominately agricultural and residential land use. By
enacting this moratorium, the Town Board can evaluate standards for Commercial Solar Energy Systems
in an orderly manner, that will allow for continued economic development, while remaining protective
of property rights and existing community character.
Section 4. Definitions
"Commercial Solar Energy Systems" shall be broadly construed to mean any installation of solar panels,
equipment and/or buildings or structures constructed with an intention of generating power from the sun
and converting such power into electricity for resale to or by a third party.
Not included within the scope of this moratorium are (1) large scale solar energy projects that are
subject to the siting and permitting authority of the New York State Office of Renewable Energy Siting
under the New York Executive Law§ 94-c process and (2) any solar panel collection system or array
constructed by individual landowners, homeowners or farmers for their own personal use, or the use of a
business owned by them.
Section 5. Moratorium Imposed
For a period of six (6) months after the effective date hereof, neither the Town Board, the Planning
Board of the Town of Groton, the Zoning Board of Appeals of the Town of Groton, nor the Code
Enforcement Officer shall grant any approval or issue any permit that would result in the establishment,
placement, construction, installation, enlargement or erection of Commercial Solar Energy Systems in
the Town of Groton, and no such application, pending or otherwise, shall be either deemed complete or
processed for a hearing before any agency or board.
This moratorium shall apply to all zoning districts and all real property within the Town of Groton.
Section 6. Variance
Any property owner affected by this moratorium may apply to the Zoning Board of Appeals and make
use of the existing variance procedures under the zoning laws and regulations of the Town of Groton to
seek relief from the restrictions of this local law.
Section 7. Supersession
All local laws, ordinances, resolutions, and other enactments of the Town of Groton in conflict with the
provision of this local law are hereby superseded to the extent necessary to give the terms of this local
law full force and effect. To the extent that any law, ordinance, rule, or regulation, or parts thereof, are
in conflict with the provisions of this local law, including all provisions of Article 16 of the New York
Town Board Minutes Page 3 November 2, 2022
State Town Law concerning special use permit, site plan, building permit, and certificate of occupancy
procedures and requirements, this local law shall control and supersede such law, ordinance, rule or
regulation.
Section 8. Term
The moratorium imposed by this local law shall take effect immediately when it is filed in the Office of
the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law
and shall last until the first to occur of: (1) the repeal of this local law; (2) the enactment of a local law
by the Town Board regulating Commercial Solar Energy Systems; or (3) the date six (6) months from
the effective date.
The Town Board may, by resolution, extend the duration of the moratorium for a period of an additional
six (6) months if necessary.
Section 9. Penalties for Offenses
Any person who shall violate any provision of this local law, shall be guilty of:
1. A violation and subject to a fine of not exceeding $1,000 per offense; and
2. Injunctive relief in favor of the Town to cease any and all such actions which conflict with this
local law and, if necessary, to remove any construction or improvements which may have been
built in violation of this local law.
Each week's violation shall constitute a separate offense. It shall be the duty of the Code Enforcement
Officer to enforce the provisions of this local law.
Section 10. Severability
If any portion, subsection, sentence, clause, or phrase of this local law is for any reason held invalid or
unconstitutional by any court, such portion, subsection, sentence, clause, or phrase shall be deemed a
separate, distinct, and independent provision, and such holding shall not affect the validity of the
remaining portion of this local law.
Section 11. Effective Date
This local law shall take effect immediately upon its filing with the Office of the New York State
Secretary of State in accordance with the New York Municipal Home Rule Law and shall remain in
force and effect for a period of six (6) months from the date of such filing.
Don Scheffler, Town Supervisor- Did anyone have any questions or concerns?
Fran Casullo, Attorney for the Town – I would suggest the resolution should include the information
that the proposed law was mailed to the town board and the supervisor giving them the 10 days to
review the document. You are proposing this Local Law as #2 for 2022 and would like to set up a
Public Hearing for November 15, 2022 at 7:00pm with the potential to vote after the hearing.
Town Board Minutes Page 4 November 2, 2022
RESOLUTION #22-075‐ PROPOSE LOCAL LAW #2 FOR THE YEAR 2022 TO PLACE A SIX
(6) MONTH MORATORIUM ON COMMERCIAL SOLAR ENERGY SYSTEMS &
SCHEDULE A PUBLIC HEARING FOR NOVEMBER 15, 2022 AT 7PM
MOVED by Councilperson Young, seconded by Councilperson Clark to propose Local Law #2 of 2022
to place a six (6) month moratorium on Commercial Solar Energy Systems, set a public hearing on said
proposed the law for November 15, 2022 at 7:00pm with the potential to vote immediately following.
With no further comments or questions, the vote was as follows:
Ayes – Clark, Young, Gamel, Scheffler
Nays - Resolution Passed
Councilperson Young- I guess I do have one question. What if we receive an application before this is
filed?
Supervisor Scheffler- We already have but it has not been approved.
Councilperson Gamel- I just want to clarify. I know it says here, “not included in this moratorium any
solar panel collection system or array constructed by individual landowners, homeowners or farmers”, if
somebody still wants to put a panel on their house they can still do that?
Supervisor Scheffler – Yes, that is still ok. Freestanding ones in the yard as well
Councilperson Young- Variance. Any property owner affected by this moratorium may apply to the
Zoning Board of Appeals and make use of the existing variance procedures under the zoning laws and
regulations of the Town of Groton to seek relief, what relief would that be?
Fran Casullo, Attorney for the Town – That happens because you are enacting a six (6) month
moratorium and there could be a reason someone would need to vary from the moratorium, in an
extreme emergency, you would like to leave the opportunity to have a mechanism to be able to do that.
It is standard practice in a lot of moratoriums.
Supervisor Scheffler – It sounds like it is a long and drawn-out process but we must do things in the
correct order.
Announcements:
Next Town Board Meeting will be November 9, 2022 @ 7:30pm
There being no further business, Councilperson Gamel moved to adjourn, seconded by Councilperson
Clark, at 7:44 pm. Unanimous.
Robin Cargian, RMC
Town Clerk/Tax Collector