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Home My WebLink AboutGroton Solar 2 South Side GML 239 Letter 08.09.2024 with attachments preliminary info COMMISSIONER Katherine Borgella DEPUTY COMMISSIONER M. Megan McDonald 121 E. Court St, Ithaca, N.Y. 14850 | Phone: (607) 274-5560 | tompkinscountyny.gov/planning Creating and implementing plans that position Tompkins County communities to thrive. August 9, 2024 Robin Cargian, Town Clerk Town of Groton PO Box 36, 101 Conger Blvd Groton, NY 13073 Re: Review Pursuant to §239 -l, -m and -n of New York State General Municipal Law Proposed Action: Special Use Permit for proposed Preliminary Solar Project II (South Side), Tax Parcel #31.-1-12.1, John Young, Susan Barrett, James Young, and Julie Young, Owners; NY Groton II, LLC, Applicant. Dear Mrs. Cargian: This letter acknowledges your referral of the proposed action identified above for review by the Tompkins County Department of Planning and Sustainability pursuant to §239 -l, -m and -n of the New York State General Municipal Law. We have determined the proposed action will have a significant county-wide or inter-community impact. Therefore, we recommend modification of the proposed action. If the decision-making body does not incorporate the recommended modifications, such approval will require a vote of a majority plus one of all members of the decision-making body. Recommended Modifications • This proposal includes construction of an access road (aka permanent stream crossing) across an intermittent stream and a Tompkins County Water Resources Council designated wetland. While it is clear that there is no way to avoid crossing that area to construct this project, to help preserve and protect water quality, we recommend that the Town require the applicant to document that the functions of the wetland and the water quality of the intermittent stream were considered and elaborate on how the proposal of the permanent stream crossing will not negatively impact water quality or wetland functions. This modification is recommended to help preserve and protect water quality. • We recommend that the Town require the applicant to relocate the proposed inverter outside of the 50-foot buffer of the intermittent stream. This modification is recommended to help preserve and protect water quality, as well as reduce the possible impacts of flooding on the proposed project. Comments In addition to the recommended modifications, we have the following comments on the proposed action: • The parcel contains a portion of Unique Natural Area - Groton Swamp (UNA-15). We suggest that the Town request that the applicant assess the potential impacts this proposal will have on the UNA. • We suggest that the Town request that the developer work with the electric utility company to outline the interconnection plan for this project so that the Town has the opportunity to review and comment on the construction of the interconnection prior to it becoming final. • This project is located partially in The Nature Conservancy’s Resilient and Connected Network that identifies areas that are considered important for species movement, which is emerging as a critical consideration as our climate continues to change and species need to adapt. We suggest that the Town encourage the applicant to contact The Nature Conservancy to discuss the project, review habitat connectivity areas, and discuss strategies, such as permeable fencing design, to allow for wildlife movement through the site. • We suggest that the Town request that the developer follow the recommendations of the NYSDAM Guidelines for Solar Energy Projects – Construction Mitigation for Agricultural Lands (2019) in their proposal as they consider the impacts to the farmland as well as the impacts of the proposed site grading. • We suggest that the Town request that the applicant include mature plantings and native pollinator species in the Operations and Maintenance Section of their proposal. Thank you for the opportunity to review this project at the preliminary stage, we look forward to reviewing further iterations of the project. Sincerely, Katherine Borgella, AICP Commissioner of Planning and Sustainability cc: Lee Shurtleff, Tompkins County Legislator, District 9 Attachments: UNA-15, Groton Swamp Unique Natural Area Description The Nature Conservancy’s Resilient and Connected Network Map UNA-15Groton Swamp Town of Groton, Village of Groton USGS Quad:Groton LOCATION Tax Parcel Numbers Included in this Site: Size (acres):58.357 REASONS FOR SELECTION SPECIAL LAND-USE INFORMATION CONSERVATION OF THE SITE PHYSICAL CHARACTERISTICS OF THE SITE Elevation (ft.):995 to 1021 Aspect:flat Topographic Features Valley bottom. SITE NAME:Groton Swamp OLD SITE CODE:GR-15DATA LAST UPDATED: Municipality:Town of Groton, Village of Groton 1/3/2000 Flat Slope % 3 to 15 15 to 25 Over 25 Topographic Position Crest Upper Slope Geological Features BIOLOGICAL CHARACTERISTICS OF THE SITE SITE AND VEGETATION DESCRIPTION Mid Slope Lower Slope Bottom- - - - - Soils Present on the Site Water Resources Special Land-Use Designations and Features Soil characteristics of the site were determined manually and are approximate. In the future, digital soil data will provide more accurate information. SITE CODE:UNA-15 Tax parcel data is accurate as of 2014. For up-to-date information on tax parcel descriptions and ownership, contact the Tompkins County Assessment Department. When a UNA covered less than 0.025 ac. of a parcel, the parcel was excluded from this list. State-designated wetland Urban greenspace Special Conservation/Management Needs:The site does not have an adequate protective buffer. Wetlands identified on the National Wetlands Inventory are found on this site. All or some of this site lies within Flood Zone A (100-year flood) as identified by FEMA. All or some of this site lies within Flood Zone B (500-year flood) as identified by FEMA. A stream runs through this site. All or some of a Class 1 NYS Freshwater Wetland lies on this site. Class 1 is the most valuable class assigned. A NYS protected stream runs through this site. The Tompkins County Greenway Coalition has identified a biological corridor which includes this site. The Tompkins County Greenway Coalition has identified a possible multi-use trail on this site. This site is considered historically valuable by local residents. There is a concentration of historic structures in the area. Some or all of this site lies in an agricultural district, certified pursuant to NYS Agriculture and Markets Law. Hydric (Wet)Erodibility DrainageSoil Name Non-highly erodible Somewhat poorly drained to very poorly drainedHydricWayland and Sloan silt loams Highly erodible Well drainedNon-hydricHoward gravelly loam, 5 to 15 percent simple slopes Potentially highly erodible Moderately well drainedNon-hydricPhelps gravelly silt loam, 3 to 8 percent slopes Potentially highly erodible Somewhat poorly drainedPotential hydric inclusions Rhinebeck silt loam, 2 to 6 percent slopes Highly erodible Well drainedNon-hydricBath and Valois gravelly silt loam, 5 to 15 percent slopes Non-highly erodible Well drainedNon-hydricGenesee silt loam Potentially highly erodible Somewhat poorly drainedPotential hydric inclusions Rhinebeck silty clay loam, 6 to 12 percent slopes, eroded This rather large shrub swamp is located along the Owasco Inlet within the Village of Groton. Dominant species are alder and willow. Areas of sedge meadow dominated by tussock sedge (Carex stricta) are present. The stream is noted as an important fishery. GR-26.-1-22 GR-31.-1-7.1 GR-31.-1-9 VGR-10.-4-17.1 VGR-10.-4-20 VGR-10.-4-22.1 VGR-10.-4-22.2 VGR-10.-4-23.1 VGR-10.-4-23.2 VGR-11.-2-2 VGR-11.-2-3.1 VGR-11.-2-3.2 VGR-12.-2-1.1 VGR-12.-2-1.21 VGR-12.-2-1.3 VGR-13.-1-1 VGR-13.-1-2 VGR-13.-1-5.2 VGR-9.-1-1 VGR-9.-1-10 VGR-9.-1-12 VGR-9.-1-13 VGR-9.-1-14 VGR-9.-1-15 VGR-9.-1-8 VGR-9.-1-9 76 22 01 W 42 35 44 NLatitude: Longitude: Page 34