HomeMy WebLinkAbout11-12-2024 Town Board Meeting MinutesTOWN OF GROTON –MINUTES OF THE TOWN BOARD
TUESDAY, NOVEMBER 12, 2024, AT 7:30 PM
Town Officers Present: Town Officers Absent: Also Present:
Donald F. Scheffler, Supervisor Francis Casullo, Attorney Molly Messenger, DR Solar
Richard Gamel, Councilperson Ellard Keister, Highway Supt. Melissa Melko, DR Solar
Brian Klumpp, Councilperson Usman Chaundry, DR Solar
Sheldon C. Clark, Councilperson David Durrett, Ithaca Times
Crystal Young, Councilperson Barry Siebe, County Enviro Council Rep
Mack Rankin, Dept. Highway Morgan Wyllie
Don Armstrong, Legal Council Darcy Wyllie
Julie Graham, Bookkeeper Brett Wyllie
W. Rick Fritz, Code Official Matt Liponis, DR Solar Attorney
Robin Cargian, Town Clerk Ashley Battaglioli
The meeting was called into session with the Pledge of Allegiance at 7:30 PM
MOVED by Councilperson Klumpp, seconded by Councilperson Gamel to approve the October 8,
2024, meeting minutes and the October 22, 2024, board meeting minutes and public hearing.
Ayes –Clark, Young, Klumpp, Gamel, Scheffler Motion Passed
RESOLUTION #24-086‐ APPROVE PAYMENT OF INVOICES
MOVED by Councilperson Gamel, seconded by Councilperson Sheldon
WHEREAS vouchers for Abstract #11 for the Year 2024, numbered 405-447 were reviewed and
audited by the Town Board, be it
RESOLVED, that the Town Board hereby approves said vouchers which will make the accounts in the
Total amounts as follows:
A GENERAL FUND 18,431.34
B GENERAL FUND PART TOWN 1,311.12
DA HIGHWAY FUND 12,806.69
DB HIGHWAY FUND PART TOWN 22,804.20
SL2- PERUVILLE LIGHTING DISTRICT 103.89
SLl- MCLEAN LIGHTING DISTRICT 194.90
Total $55,652.14
Ayes – Clark, Young, Klumpp, Gamel, Scheffler Resolution Passed
Nays -
Monthly Reports
Julie Graham, Bookkeeper – My monthly report was placed in your folder and there are necessary
budget adjustments.
MOVED by Supervisor Scheffler, seconded by Councilperson Gamel to approve the budget transfer
Town Board Meeting Minutes Page 2 November 12, 2024
From: A1640.2 Central Garage Equipment -$25,000.00
To : A1640.4 Central Garage Contractual- $25,000.00.
Ayes - Clark, Young, Klumpp, Gamel, Scheffler Motion Passed becoming Motion #24-087
Nays -
W. Rick Fritz, Code/Fire Enforcement Officer: Submitted the following report and added we have
been very busy with Life Safety Inspections as well as sending reminder letters for permits resulting in
additional inspections.
Building Permits Issued: 12 New Businesses: 0
Permits Renewed: 3 Building Inspections: 58
Permits Completed: 9 Certificate of Occupancy/Compliance: 10
Site Plan Reviews: 0 Violation Notices: 0
Subdivisions: 1 Complaints: 0
Life Safety Inspections for October 2024: Inspected - 17; Completed – 17; Training Hours-0
Mack Rankin, Deputy Highway Superintendent- Good Evening. We hired Aurther Stevens formerly
with the Groton Central School District bus garage. He came in with a CDL for running a bus which is
very different from running a plow truck, but I have been working with him and he seems to be enjoying
it. He showed up and came back for a second week, which was encouraging. We are happy with how he
is doing, and he is happy with how it is going. We will need a resolution to approve his hire. There were
budget and hourly cuts at the school which sounded like it was statewide. He was a day driver, night
driver and part time mechanic and needed to have the hours.
RESOLUTION #24-088 – APRROVE NEW HIRE AURTHER STEVENS AT THE CURRENT
CONTRACT RATE.
MOVED by Supervisor Scheffler, seconded by Councilperson Gamel to approve the hiring of Aurthur
Stevens at the current pay rate within the highway association contract.
Ayes - Clark, Young, Klumpp, Gamel, Scheffler Resolution Passed.
Update on the oldest, new plow truck order: It entered the Viking shop three weeks ago and is being
assembled now. We have high hopes that we will receive it before the first of the year as we have been
waiting for four years. The second truck is still waiting on the cab and chassis to be built. We are also
seeing a motor change as well as a problem with Allison transmission getting transmissions done. They
are almost shut down on the commercial side. This pushes these trucks on order further back. While
searching for specifications on a third truck, we came across Tracy Road who has ordered trucks that
they have sitting there. We will be going to talk with them about pricing and reviewing their transmission
which are an automatic shift sequence. This is not an automatic nor it is a manual. We need to branch
out, be proactive and review all our options as the new electrical laws start coming out. It is unclear if
municipal commercial vehicles will fall into the emergency category making them exempt from the
electric requirements such as the schools are dealing with. Currently there is a fight to keep the plow
trucks in the exempt category as the plow truck will never work as electric vehicles. I believe that in
2027 there is a certain percentage of commercial vehicles sold in NY State that must be electric, so it is
coming. That is why if we were to order that third truck from International it would fall into the gray area
and is hard to say what could happen. We will be going on Thursday to look at it which is not only a
different truck but different software and everything. Even if we end up having to buy a different
Town Board Meeting Minutes Page 3 November 12, 2024
software program, we will be money ahead compared to the repair costs on the older trucks that we
have.
Councilperson Klumpp asked if we would be required to purchase trucks only from New York State
which was unknown. Councilperson Gamel asked if Auctions International dealt with new trucks.
Deputy Mack stated that their truck stock was not brand new, only newer. He explained the process in
purchasing a truck and then having the necessary commercial equipment installed on a plow truck
before it becomes available to us. Tracy already has trucks with the equipment installed and it is
comparable to going to buy a pickup truck where they are ready to drive off the lot. These will go fast
this way. The pricing keeps going up and up. Another electrician will be coming to look at the electrical
issues affecting the court room. The wiring was run through a conduit under the building and burnt out
somewhere in the middle. The quick fix was to reroute electrical brakers so in order for the lights to be
on in the court room, the lights have to be on in the judge’s chambers. We are almost fully switched
over to winter equipment, no major malfunctions yet. It is always surprising how many things snap,
break apart and blow on dry runs.
Town Clerk, Robin Cargian: You have my report. The big things going on right now are hunting licenses,
the dog enumeration cards have slowed down, and Denise is getting letters out for inspections as well
as the Life Safety Inspections.
Recreation Services Representative, Crystal Young: Youth programs are running well. Wrestling
season starts December 3rd and wrestling camp starts November 18-21st with 32 kids signed up. Youth
Travel Basketball has 6 teams, practice is starting in December. Flo Allen is having a free holiday
sewing class for beginners or those who want to improve skills, starting Saturday 1-2:30 PM. Group
Fitness classes are running on Tuesday and Thursday evenings with some Saturdays. Yoga is continuing
Tuesdays and Thursdays with good numbers. A monthly group hike event sponsored by the Good
Neighbor Grocery is being planned for the first Saturday. Trunk or Treat was well attended by 450 kids
and over 1000 adults having good feedback for the changes adding the food truck and bathrooms.
There was a discussion regarding the issues of program overlap from all of the different recreation
programs which was brought up in our budget meeting that caused some angst. I explained it was not
that the town was against any programs but were interested in ways to save the taxpayer money. They
would like to discuss these things on an ongoing basis rather than just before budget time because it
causes anxiety on their part. If anyone has concerns or questions to please bring that up as it happens
to keep good relations.
Solar Projects, Supervisor Scheffler: October 15, 2024 the Office of Renewable Energy Siting and
electric transmission determined that the application from Yellow Barn Solar was complete. It appears
they will be moving forward shortly on the project. There will be a public comment period in the near
future. There are still Road Use Agreements and Host Community Agreements to be settled. I have
completed reading all five books of their application which are add up to 25” high and weighs70lbs. I
have nine pages of comments on the original application and another two comments on the
amendments. I encourage others to read it too. It appears YBS is only interested in complying with local
laws and ordinances when it suits them and is asking the State to supersede on anything that does not
fit their plan. I encourage anyone interested, affected or involved to participate in the public comment
opportunity, whatever your thoughts are. I will quote from a letter I got the other day. “In accordance
with paragraph 16.100.8.1 the office no later than 60 days following the date of this letter shall publish
for public comment on its website through the ORES portal, a draft siting permit or a statement of intent
to deny the application. This publication will be accompanied by a notice providing information
regarding a public comment hearing and issues determining the procedure.” Whenever the State feels
Town Board Meeting Minutes Page 4 November 12, 2024
like there will be a public hearing, public comment period is when it will be. They have to announce
when it will be within 60 days of October 15, 2024. My final comment on it is hide your children, lock
your doors and watch the sky because New York State is in charge of the whole mess.
RESOLUTION #24-089– APPROVE THE 2024 FOODNET AGREEMENT
MOVED by Councilperson Gamel, seconded by Councilperson Klumpp to approve the Foodnet
agreement that provides meals on wheels for the elderly and shut ins and allow the supervisor
to sign the agreement.
Ayes - Clark, Young, Klumpp, Gamel, Scheffler Resolution Passed.
RESOLUTION #24-090- APPROVE THE 2025 TOWN OF GROTON FISCAL BUDGET
With no additional discussion it was MOVED by Councilperson Young, seconded by Councilperson
Klumpp to approve the 2025 Fiscal Budget as it was presented at the October 22, 2024, meeting.
Ayes –Clark, Young, Klumpp, Gamel, Scheffler Resolution Passed
RESOLUTION #24-091- APPROVE THE 2025 TOWN FIRE CONTRACT WITH THE VILLAGE OF
GROTON FIRE DEPARTMENT
MOVED by Councilperson Gamel, seconded by Councilperson Klumpp to approve the 2025 Town of
Groton Fire Protection Contract with the Village of Groton Fire Department.
Ayes –Clark, Young, Klumpp, Gamel, Scheffler Resolution Passed
RESOLUTION #24-092- APPROVE THE 2025 TOWN OF GROTON AMBULANCE SERVICE
CONTRACT WITH THE VILLAGE OF GROTON FIRE DEPARTMENT’S AMBULANCE CORP.
MOVED by Councilperson Klumpp, seconded by Councilperson Clark to approve the 2025 Town of
Groton Ambulance Contract with the Village of Groton Fire Department Ambulance Corp.
Ayes –Clark, Young, Klumpp, Gamel, Scheffler Resolution Passed
RESOLUTION #24-093- APPROVE THE 2025 TOWN OF GROTON COURT SECURITY AGREEMENT
WITH THE VILLAGE OF GROTON.
After it was determined that the contract was the same as the previous year, it was then MOVED by
Supervisor Scheffler, seconded by Councilperson Gamel to approve the 2025 Town of Groton Court
Security Agreement with the Village of Groton.
Ayes –Clark, Young, Klumpp, Gamel, Scheffler Resolution Passed
Delaware River Solar, Town Board Site Plan Review
Ms. Messenger reported after several conversations with Attorney Casullo the Part 3 Environmental
Assessments with the amendments have been signed and the engineer for the Town has done a review
of the decommissioning proposals. Their review of this was a year ago and with inflation they agreed
with his findings including the 2% escalator. The draft resolution presented at the last meeting has been
Town Board Meeting Minutes Page 5 November 12, 2024
updated to include the two conditions the board wanted to add regarding the landscaping and the
wetlands. It is important that we follow through with the landscaping as advised and deal with the
wetlands as well. The resolutions are drafted to comply with the entire code, and any discussion over
the past several months and proposed another review of the resolution or to add any new conditions.
Attorney for the Town, Don Armstrong: I have gone over the County recommendations and
sustainability plan and their suggestion was for the Town Board to have input on the interconnection
agreement and should be a condition.
Ms. Messenger agreed that the board would be a part of the interconnection agreement and there were
other things that still need to be addressed even if the board does the approval such as the host
community agreements and decommissioning agreements for both projects. We can revise the draft to
add Tim’s information in there and redo that. Councilperson Gamel asked for a review of the
decommissioning agreement. Ms. Messenger stated it was a 2% escalator and Tim suggested that it
should be revisited on a 5 year basis. Councilperson Klumpp agreed, as well as the rest of the board,
that it should be revisited every 5 years. Supervisor Scheffler provided the numbers for site 1 which was
$187,500 and site 2 was $150,000. Councilperson Gamel questioned if these numbers would transfer
should the site be sold. Ms. Messenger assured him that “ the approval runs with the land on ownership
every condition that you have here will run with that.” You would have the authority as a town to review
the conditions for the life of the project.
Attorney for the Town, Don Armstrong: These conditions relate to the project. After someone buys in,
they are subject to those conditions.
Ms. Messenger reminded the board there will be notifications for selling. You will get the local
emergency response plan with all of the contacts so if that ever changes, they will have to update that
plan.
STATE OF NEW YORK COUNTY OF TOMPKINS TOWN OF GROTON TOWN
BOARD
X
In the Matter of Application of:
NY GROTON I, LLC
Applicant.
For Special Use Permit and Site Plan Approval
for a Large- Scale Solar Energy System
X
LOCATION OF PROPERTY:
South Main Street, Groton NY 13073
Involved Tax Parcel: portion of 26.-1-25.22
Zoning: Rural Agricultural zoning district
Town Board Meeting Minutes Page 6 November 12, 2024
APPLICANT(S) NAME:
NY Groton I, LLC Lower Main Street
Callicoon, New York 12723
PROPERTY OWNER(S):
John F. Young
Susan M. Barnett
Julie R. Young
James R. Young
3105 North Triphammer Road Suite 1
Lansing, New York 14882
AGENT/REPRESENTATIVE:
Hodgson Russ, LLP
By Matthew Liponis, Esq.
677 Broadway, Suite 401
Albany, New York 12207
Filed with Town Clerk: Robin Carigan Date Filed: November 12, 2024
DECISION
John F. Young, Susan M. Barnett, James R. Young and Julie R. Young (together, the
“Owner”) are the owners in fee of certain premises located north of 801 South Main Street in the
Town of Groton (“Town”), which consists of 102.2 acres of land situated within the Rural
Agricultural Zoning District and identified on the Tax Map of the Town as Section 26, Block 1, Lot
25.22 (the “Premises”).
NY Groton I (South Main Street), LLC is the lessee of a portion of the Premises, which
consists of 28 acres of land (the “Project Site”).
By application (“Application’’) dated February 9, 2024, Applicant requested a Special Use
Permit and Site Plan approval to develop and operate a 5 MW AC Large-Scale Ground Mounted Solar
Energy System (“Project”) on the Project Site.
In support of the Application, the Town Board duly considered the totality of the record as
summarized in Schedule A.
PROJECT DESCRIPTION
The Project Site currently consists of fields and forested undeveloped land in a rural location on
the north side of South Main Street north of 801 South Main Street (“South Main Street”).
Town Board Meeting Minutes Page 7 November 12, 2024
The Project will consist of ground-mounted, solar photovoltaic panels mounted on a single-
axis tracking racking system, designed to generate 5.0 MW of electrical power, and the Project will
operate as a Community Distributed Generation (“CDG”) facility as prescribed by the New York
State Public Service Commission (“NYSPSC”) under the electric tariffs of New York State Gas &
Electric Co. (“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 Town Board first considered the Application at its March 12, 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 March 12, 2024. The Town Board also referred the Application to the
Tompkins County Planning Department (“Planning Department”) as required by General
Municipal Law Section 239 -l, -m and -n on July 10, 2024. By letter dated August 9, 2024,
Tompkins County Department of Planning & Sustainability responded to the submitted application
referring to General Municipal Law Section 239 -l, -m and -n preliminarily determining the
proposed action will have no significant county-wide or inter-community impact. The final County
Planning Board determination was received November 7, 2024, finding the proposed action will
have no significant county-wide or intercommunity impact.
Notice of intent to serve as lead agency, dated March 22,2024, with an update to the DOT Region
dated March 26, 2024, and an update to the letter heading dated April 2, 2024 was sent to the
following involved agencies: Town of Groton Planning Board; Village of Groton; NYS Department
of Environmental Conservation (“NYSDEC”); NYS Energy Research and Development Agency
(“NYSERDA”); NYS Department of Taxation and Finance (“NYSDTF”); and the NYS Department
of Transportation (“NYSDOT”). By letter dated April 18, 2024, NYSDEC determined that the
submitting board could serve as lead agency.
The Town Board members met the Applicant for a site visit on April 18, 2024.
The Town Board continued its review at its May 14, 2024 meeting.
The Town Board continued its review at its July 9, 2024 Town Board meeting.
The Town Board continued its review at its August 13, 2024 Town Board meeting.
The Town Board continued its review at its September 10, 2024 Town Board meeting. On September
10, 2024, the Town Board conducted a duly noticed public hearing, at which time the public was allowed
to comment on the Application and Site Plan. The public hearing was closed on during the September
10th meeting. By letter dated September 24, 2024, the Applicant responded to the September 10, 2024
public hearing comments.
Town Board Meeting Minutes Page 8 November 12, 2024
Pursuant to local law, a separate, publicly-noticed meeting was also required in connection with the
Town’s SEQRA review. The Applicant mailed notices to all businesses and property owners within a
one-mile radius of South Main Street #1 and #2 on October 11, 2024 via Click2mail.com USPS
option. The notice stated that the Groton Town Board would consider and take action on the State
Environmental Quality Review documents submitted to the Town Board. The Town Board continued
its review at its October 22, 2024 Town Board meeting. At that meeting, the Town Board reviewed
and completed Part 2 and Part 3 of the L-EAF, and determined that there will be no significant adverse
environmental impacts from development and operation of the Project or approval (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 conditions2 as part of the project’s
final approvals.
STANDARD OF REVIEW AND FINDINGS
The Town Board has discretionary authority to review and take final action on the
Application under Town of Groton Town Code (“Town Code”) Town of Groton Local Law #1 of
2024 §4 Section 367.
2 The conditions of approval discussed herein are set forth fully in Schedule B, which shall govern in case of conflict
Town of Groton Local Law #1 of 2024 Section 4. Section 367: Requirements and Findings
In granting a special use permit, the Town Board must consider each and every one of the
considerations set forth in Local Law #1 of 2024.
Here, the Town Board finds that the installation and operation of solar energy systems as a
special use is specifically authorized under Town Code § 367 Energy Production - Large Scale. As
discussed below, the procedural and substantive requirements of Town Local Law #1 of 2024
Section 4 and Section 367 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. Town Code Local Law
#1 of 2024 Section 4 and Section 367 considerations are addressed as follows:
Section 4. Section 367 of the Town of Groton Land Use Code is hereby amended to read as
follows:
Section 367. Energy Production - Large- Scale
Section 367.1 Purpose. It is the purpose of this section
to advance and protect the public health, safety, and welfare of Town of Groton, including:
a. Protecting our environment and resources for future generations by allowing alternative
energy sources while minimizing the potential for negative impacts of Energy Systems on
environmental resources such as agricultural lands, wetlands, streams, forests, wildlife,
and other valued resources.
Town Board Meeting Minutes Page 9 November 12, 2024
b. Managing commercial renewable energy development to provide a balance between
energy needs that provide energy alternatives while respecting our rural agricultural
landscape; and allow for alternative Landowner Income Stream.
c. Maintaining a balance between property rights of individual landowners, property rights
and property values of adjacent landowners, and the rights of community at large.
d. Minimize the potential for unintended consequences of State and Federal energy policies
that may not have considered the unique qualities and character of our community.
367.2 Applicability
The requirements of this Section, as amended, shall apply to all Energy Systems installed or modified
after the effective date of the local law to amend this Section 367, excluding general maintenance and
normal repairs of such Energy Systems. Any repairs that are material in nature, in the judgment of the
Town Board, shall be subject to the requirements of this law. The requirements of this law must be met
and a Town Board Special Permit issued as required by this Section 367 unless otherwise exempt,
prior to or simultaneously with the application for or receipt of any required building permits.
367.3. Definitions. The definitions of Section 366 shall apply unless otherwise defined herein.
367.5 Large- Scale Solar Energy Installations.
A large- scale solar installation shall include any solar photovoltaic cell, panel, or array over 4000
square feet on any one lot that has a primary function of transferring electricity to a public electric
grid but may also be for onsite use.
367.6. Special Permit Requirements.
a. A Special Permit shall be required for a Large- Scale Solar Energy System.
b. A Special Permit shall cease to be valid if Energy System is not fully operational within
two (2) years from the date of the issuance of the Solar Permit In the event a Town
Board Special Permit for a Large- Scale Solar Energy System ceases to be valid
pursuant to this Section, any construction to date shall be deemed to be abandoned.
c. A Town Board Special Permit shall cease to be valid if a building permit is not issued
within one (1) year from the date of the issuance of the Special Permit. A permit may
be extended for up to a year by approval of the Town Board.
367.7 Application Requirements for Large- Scale Solar Energy Systems
Large- Scale Solar Energy Systems are permitted through the issuance of a Town Board Special
Permit, subject to the requirements set forth in Section 442 of the Town of Groton Land Use &
Development Code and shall include the following provisions below. Notwithstanding anything
in the Town of Groton Land Use & Development Code to the contrary, applications for the
installation of a Large- Scale Solar Energy System shall be reviewed by the Town Board which
Town Board Meeting Minutes Page 10 November 12, 2024
can include approval, approval with conditions, or denial.
Application Requirements:
a. Equipment Specifications: The equipment specification sheets shall be documented and
submitted for all significant components, including but not limited to, photovoltaic
panels, mounting systems, and inverters that are to be installed.
Finding: The equipment specification sheet is included in the Site Plan on sheet C-600 and includes
significant components including photovoltaic panels and mounting systems. Inverter
specifications can be found on Site Plan sheet C-101.
b. EPA TCLP Certification: All Panels to be installed shall have undergone EPA TCLP
Certification and Documentation of such shall be provided to the Town Board.
Finding: Details regarding the solar modules can be found in the Project Summary dated February
15, 2024 page 12 section 2.4.2. Prior to the issuance of a building permit, new detail sheets may
be submitted for review and approval as technology of the panels may have improved since the
initial submission to the Town Board.
c. Nameplate Capacity provide the nameplate capacity of the system for a one- year period.
Finding: The nameplate capacity of the system for a one-year period is 5.0 megawatts AC/6.82
megawatts DC.
d. Stormwater Pollution Prevention Plan (SWPPP): Shall be submitted regardless of the
claimed soil disturbance acreage, meeting the requirements set forth in the New York
State Department of Environmental Conservation SPDES General Permit For
Stormwater Discharges from Construction Activity
Finding: A Stormwater Pollution Prevent Plan was submitted to the Town Board for review and
approval by Timothy C. Buhl, P.E. (“Town Engineer”). In order to meet the requirements, set
forth in the New York State Department of Environmental Conservation a SPDES General Permit
for Stormwater Discharges will be required prior to Construction Activity.
e. A Decommissioning Plan in accordance with the provisions of this Section 367 and
shall include a Panel End of Life Plan that includes but is not limited to replacement
due to defect, malfunction, or upgrade by project proponent and any and all subsequent
operators of the facility.
Finding: A Decommissioning Plan was created in accordance with provision of Section 367.10 and
submitted to the Town February 26, 2024. The decommissioning process of the Solar Facility
may commence for the following reasons: (a) Project Owner provides written notice to the Town
of its intent to retire or decommission the Project for any reason, including the Solar Facility is
damaged and will not be repaired or replaced, (b) the Solar Facility ceases to be operational for
more than twelve (12) consecutive months, or (c) the expiration of the lease agreement with the
Property Owner.
f. Host Community Agreement that is mutually agreed upon between the applicant and
Town Board Meeting Minutes Page 11 November 12, 2024
the Town Board. The requirement for a Host Community Agreement may be waived by the Town
Board.
Finding: A Host Community Agreement may be mutually agreed upon between the Town Board
and the Applicant.
g. Agricultural Activity. If an applicant intends to include agricultural activities in conjunction with
Ground Mounted Solar, applications shall include a detailed site plan with the dimensions and
clearances that define allowance( s) for access of agricultural equipment, facilities to maintain
animal care and feasibility of agricultural related activities on the site. For buried utilities and
conduit, 30 inches or more of soil cover is recommended to allow for adequate root growth for
desired agricultural use.
Finding: The unleased portion of the parcel may be used for agricultural purposes at the discretion
of the landowner. No agricultural activity is proposed in the leased area of the solar field.
367.8 Special Permit Standards ( Large- Scale Solar)
a. Height. Large- Scale Solar Energy Systems shall not exceed twenty (20) feet in height.
Finding: The Large-Scale Solar Energy System panels will not exceed 20 feet in height. The height
of the fence surrounding the project will be 8 feet in height.
b. Setback. Energy System fencing shall be Seventy- five (75) feet from the side and back lot lines of
the property owner’s lot and Energy System panels must but be at least Twenty- five (25) feet from
the fence to the closest edge of the panel. The front lot lines shall be One Hundred Fifty (150) feet
from the centerline of the road to the fence.
Finding: The property setback from the side lot lines vary from 159.4’ to 144.5’ to the east
property line. The setbacks far exceed the 75-foot required setback to the west property line. The
rear lot line is 79.4 feet which also exceeds the 75-foot requirement. The property setback from the
front and the road vary from 480.1 feet to 187.5 feet, which exceeds the 150-foot required setback.
This information can be found on Site Plan sheet C-101.
c. Lot Size. Large- Scale Energy Systems shall be located on lots with a minimum lot size of 5
acres.
Finding: The Large-Scale Energy System detail of Lot Size can be found in the Project Summary
on page 5. The Large-Scale Solar Energy System is located on a 102.2-acre lot area with a total lot
coverage of 22.5 acres and a site coverage of 7.64 acres.
d. Lot Coverage. The enclosed or fenced in area of a Large- Scale Solar Energy System
shall not exceed 75% of the lot on which it is installed.
Finding: As listed in the Zoning Analysis on Site Plan sheet C-001 the fenced-in area of the Large-
Scale Solar Energy System is 22%.
e. Storage Batteries Systems. When Storage Batteries are included as a part of the Solar
Town Board Meeting Minutes Page 12 November 12, 2024
Energy System, they are required to be installed with an additional building permit and must be
placed in a secure container or enclosure when in use. Battery systems requiring cooling, shall be
placed on the farthest portion of the lot away from neighboring homes to minimize noise, unless
other mitigating measures are arranged. Storage Batteries no longer in use, must be disposed of in
a timely manner in accordance with the laws and regulations of the Town of Groton, Tompkins
County, New York State, and all other applicable laws and regulations.
Finding: Storage Batteries will not be installed.
f. Fencing. All Large- Scale Solar Energy Systems shall be enclosed by fencing to prevent
unauthorized access. Warning signs with the emergency contact information shall be placed on the
entrance and perimeter of the fencing as required in the judgment of the Town Board. The type of
fencing shall be approved by the Town Board and shall be a maximum of 8 feet and a minimum of 6
feet in height. All Fencing shall be interior to require Vegetation Visual and Sound Screening.
Finding: The Project will be enclosed by an 8-foot tall deer fence. The fence surrounding the project
is a deer fence with pressure treated posts. The fence will blend in with the natural wooded
surroundings. The fence will discourage large animals and trespassers from entering the site. Please
see fence detail on site plan sheet C-602. Site Plan sheet C-602 also includes a signage detail which
states emergency contact information to be placed on the gate and along the perimeter fence.
g. Utility Connections: To the extent reasonably practicable, all utility connections for any Large-
Scale Solar Energy Systems shall be placed underground, depending upon the appropriate soil
conditions, shape and topography of the site and any requirements of the National Electrical Code
utility. Electrical transformers for utility connections may be above ground if required by the utility
provider. For overhead powerlines and utility power pole installation, ensure that pole placement
and the height of the wire will not interfere with the ability to access lands with harvest equipment.
Buried Utilities along Town Right- of-Ways are subject to a Commercial Road Work Permit.
Finding: The utility connection will be through underground wires which run from the inverters and
connect to the Point of Common Coupling. The connection consists of four (4) above ground utility
poles that link to the Point of Interconnection and the New York State Electric and Gas (“NYSEG”)
system.
h. Lighting: All Lighting on site shall be Dark- sky compliant. The Town Board may permit motion-
activated or staff- activated security lighting around the equipment of a Large-Scale Solar Energy
System or accessory structure. Such lighting should only be activated when the area within the
fenced perimeter has been entered. Lighting shall be limited to that minimally required for safety
and operational purposes and shall be reasonably shielded and downcast from abutting properties.
Finding: There is no proposed exterior lighting for the project.
i. Notifications. Notwithstanding anything to the contrary in the Site Plan Review Law or SEQRA,
any notifications required pursuant to the Site Plan Review Law or SEQRA with respect to any
Solar Energy System shall be sent to all landowners within one (1) mile of the boundary of the
parcel on which the proposed site is located.
Finding: Notification of a Public Hearing on the project were mailed via United States Postal
Service regular mail to landowners within one (1) mile of the boundary of the parcel of which the
Town Board Meeting Minutes Page 13 November 12, 2024
project is located. Letters were mailed initially on August 22, 2024 and more letters were mailed to
additional landowners on September 3, 2024 to complete the required mailing. In addition, the
Applicant mailed notices to all businesses and property owners within a one-mile radius of South
Main Street #1 and #2 on October 11, 2024 via Click2mail.com USPS option. The notice stated
that the Groton Town Board would consider and take action on the State Environmental Quality
Review documents submitted to the Town Board.
j. The project must be installed by a Qualified Solar Installer and 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.
Finding: Prior to a building permit being issued, a qualified solar installer will be provided.
k. Inspections: The Town may cause to inspect all facets of said System’ s placement,
construction, modification and maintenance. Any inspections required by the Town Board that
require specialized solar expertise and are beyond the Code Enforcement Officer’ s scope or
ability shall be at the expense of the applicant and/ or the operator of the System.
Finding: The Towns inspection of the projects placement, construction, modification and
maintenance may be conducted prior to the project being energized, as well as while the system is
operating.
l. Location: Large- Scale Solar Energy Systems shall not be located in the following areas
unless otherwise approved by the Town Board in conjunction with the Solar Permit approval
process provided in this section:
1. Areas of potential environmental sensitivity, including Unique Natural Areas as designated by
the Tompkins County Environmental Management Council, flood plains, historic sites, airports,
state- owned lands, conservation easements, trails, parkland, prime soils, and wetlands as
identified by Tompkins County, the New York State Department of Environmental Conservation or
the United States Army Corps of Engineers; and
Finding: There are no areas of potential environmental sensitivity on this site, that are listed in
Section 1. The only disturbance is the classification of Farmland as Statewide Importance. The
permanent disturbance area is noted on Site Plan sheet C-501 as .43 acres. The Town Board in
conjunction with the solar permit approval process will allow the location of the project to be on
this site.
2. On slopes of greater than fifteen percent (15%).
Finding: Per site plan sheet C-200 slopes of the project site are no greater than fifteen percent
(15%). The site will be final graded to 10% or less.
p. Other. The Town Board may impose conditions on its approval of any Town Board
Special Permit under this Section in order to enforce the standards referred to in this
Section or in order to discharge its obligations under SEQRA.
Finding: The Town Board’s conditions can be found as schedule B of this document.
Town Board Meeting Minutes Page 14 November 12, 2024
q. Ownership Changes. If the owner or operator of the Large- Scale Solar Energy System
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. A new
owner or operator of the Large- Scale Solar Energy System shall notify the Code
Enforcement Officer of such changes in ownership or operator within 30 days of the
ownership change.
Finding: The Project Owner shall abide by the conditions set forth in this Resolution.
367.9 Financial Surety
Prior to the issuance of a building permit and every two years thereafter, the Large- Scale Solar
Energy System owner and/ or operator shall file with the Town evidence of financial security to
provide for one hundred twenty five percent (125%) of the full cost of decommissioning and
removal of the system, which amount shall be subject to an annual escalator of 2%, and shall be
revisited every five years to account for any adjustments in the projected costs of decommissioning.
Evidence of financial security shall be in effect throughout the life of the system and shall be, in the
sole discretion of the Town Board, in a bond or other form of security reasonably acceptable to the
Town Board. In the event ownership of the system is transferred to another party, the new owner (
transferee) shall file evidence of financial security with the Town at the time of transfer. Failure to
keep a surety in place as required by this law shall result in the revocation of the Special Permit and
the termination of the project unless and until such surety is restored; provided, however, that any
lapse of a surety in excess of 180 days shall be deemed an abandonment of the project pursuant to
Section 367.11 herein and subject to complete decommissioning in accordance with this law.
Any applicant for a Special Permit pursuant to this Section 367 shall provide written
acknowledgment by the landowner of the decommissioning plan, which acknowledgment shall
include authorization for the town or its representative to enter upon the land to carry out the
decommissioning in the case it is not decommissioned in accordance with the plan.
367.10 Decommissioning and Removal.
A Large- Scale Solar Energy System which has been abandoned shall be decommissioned and
removed. The Large- Scale Solar Energy System owner and/ or owner of the land upon which the
system is located shall be held responsible to physically remove all components of the system
within one year of abandonment. Removal of the Large- Scale Solar Energy System shall be in
accordance with a decommissioning plan approved by the Town Board. A schedule of fines shall
be approved and adopted by the Town Board to be imposed on the Landowner in the event there
is a failure to comply.
Decommissioning and removal of a Large- Scale Solar Energy System shall consist of:
a. Physical removal of all above ground and below ground equipment, structures and
foundations, including but not limited to all solar arrays, buildings, towers, blades,
security barriers, fences, electric transmission lines and components, roadways and other
physical improvements to the site related to the Large- Scale Solar Energy System;
Town Board Meeting Minutes Page 15 November 12, 2024
Finding: The Decommissioning Plan was provided to the Town Board for review and approval. As a
condition of approval, the applicant must submit an executed Decommissioning Plan and post the
required financial security prior to the issuance of a building permit for the Project.
b. Disposal of all solid and hazardous waste in accordance with local, state and federal
waste disposal regulations,
Finding: Per Appendix 1 of the Decommissioning Plan, the disposal of solid and any potential
hazardous waste, as well as all other project components, will be removed according to local, state
and federal regulations.
c. Restoration of the ground surface and soil,
Finding: Per section 4.3 Site Restoration of the Decommissioning Plan the Project site will be
restored to as natural a condition as possible, using native meadow grasses within one year of
removal.
d. Stabilization and revegetation of the site with native seed mixes and/ or plant species
excluding invasive species) to minimize erosion,
Finding: Per section 4.3 Site Restoration of the Decommissioning Plan the rehabilitated lands will
be seeded with a low-growing species to help stabilize soil conditions, enhance soil structure, and
increase soil fertility.
e. Upon petition to the Town Board, the Town Board shall permit the system owner and/ or
landowner to leave certain underground or above ground improvements in place, provided the
owner can show that such improvements are part of a plan to redevelop the site, are not detrimental
to such redevelopment, and do not adversely affect community character or the environment.
Finding: Per section 4.1 Equipment Dismantling and Removal of the Decommissioning Plan all
aboveground and underground electrical interconnection and distribution cables shall be removed
and disposed off-site at an approved facility.
f. An estimate of the anticipated operational life of the system;
Finding: The Solar Facility is expected to have a useful life of thirty (30) years.
g. Identification of the party responsible for decommissioning;
Finding: Prior to issuance of a building permit the owner of the solar energy system 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 site plan approval.
h. Description of any agreement with the landowner regarding decommissioning;
Finding: No current finding is applicable to this section.
i. A schedule showing the time frame over which decommissioning will occur and for
completion of site restoration work;
Town Board Meeting Minutes Page 16 November 12, 2024
Finding: Per section 4.1.11 Decommissioning Plan of the Project Summary the site
decommissioning and equipment removal can take a month or more. A schedule of
decommissioning events can be agreed upon in the Decommissioning Plan agreement between the
Town and the Project Owner.
j. A certified and sealed cost estimate prepared by a qualified structural engineer or professional
engineer, who shall be reasonably acceptable to the Town Board, estimating the full cost of
decommissioning and removal of the system, including, but not limited to, the cost of solid waste
disposal and the cost to clean- up any hazardous waste leakage on the property. No scrap value
shall be taken into account for purposes of estimating these decommissioning and removal costs.
The Town Board shall have the sole discretion to require a structural engineer or a professional
engineer and regardless of which type of engineer is chosen, such engineer shall be licensed by the
State of New York. The Town Board shall have the right, in its sole discretion, to have this estimate
reviewed by an independent structural engineer at the system owner’ s and/ or operator’ s expense;
Finding: Prior to issuance of a building permit the owner of the solar energy system 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 site plan approval.
k. A financial plan to ensure that financial resources will be available to fully decommission the
site.
Town of Groton Requirements and Findings
The Town Board is authorized to conduct a site plan review under Town Code Local Law #1
of 2024 Section 4. Section 367 and must consider factors reasonably related to the health, safety and
general welfare of the community. The Applicant has submitted information required under Town
Code Local Law #1 of 2024 Section 4. Section 367. Upon review and deliberation, the Town Board
finds Applicant’s Site Plan to meet the requirements of Town Code Local Law #1 of 2024 Section 4.
Section 367.
DECISION
Based on the foregoing findings and after review of the Application and supporting materials,
Applicant’s presentations at the March 21, 2024, May 14, 2024, July 9, 2024, August 13, 2024,
September 10, 2024, and October 22, 2024 Town Board meetings; after consideration of the
comments made at the public hearing held on September 10, 2024; and after due deliberation:
BE IT RESOLVED that the Town Board finds that the Applicant has submitted all applicable
materials, met all applicable requirements as set forth in Town of Groton Local Law #1 of 2024 §4
Section 367.
RESOLVED that the Town Board hereby approves the Application and authorizes issuance of
a Special Use Permit for the large-scale solar energy system 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
Town Board Meeting Minutes Page 17 November 12, 2024
RESOLVED that the Town Board hereby approves the Site Plan for the proposed large- scale
solar energy system in accordance with the layout, design, specifications and notes shown on the Site
Plan, subject to all applicable laws and conditions, and authorizes the Town Supervisor or his
designee to sign and stamp the Applicant’s Site Plan; and be it further
RESOLVED that the foregoing Resolution(s) are subject to the conditions set forth in
Schedule B attached to this resolution.
Schedule B – Approval Conditions
1. Town Costs. Payment of all fees in accordance with the Town’s fee schedule and payment of
any outstanding consultant fees.
2. Construction Schedule. Prior to issuance of a building permit, the Applicant shall submit a
revised construction schedule to the Building Inspector.
3. Local Agent. Prior to issuance of a building permit, the Applicant shall designate a local agent
and provide the names of other persons or entities having a vested or contingent interest in the
solar energy system on the Project Site to the Building Inspector.
4. Decommissioning Agreement. Prior to issuance of a building permit the owner of the solar
energy system 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 site plan approval. The decommissioning Bond amount shall be reviewed every five (5)
years.
5. Emergency Access. Prior to issuance of a building permit, the emergency response and safety
plan shall be approved by the Building Inspector. The emergency response plan may be modified
by a successor- in-interest in cooperation and with the consent of the Fire Department. The
owner or operator of the solar energy system shall install a Knox Box or implement other
commercially reasonably means to provide the Volunteer Fire Company access to the site in case
of emergency.
6. Emergency Contact. Prior to issuance of a building permit, the owner or operator of the solar
energy system shall identify a person responsible for responding to safety inquiries and notify the
Building Inspector of the person identified.
7. Signage. Prior to issuance of certificate of occupancy or certificate of compliance, the owner
or operator of the solar energy system shall install all required signage to the satisfaction of the
Building Inspector.
8. Driveway Access Permit: Prior to issuance of a building permit, the Applicant shall comply
with the condition of the County DPW to obtain a DPW Highway Access Permit for the
driveway access off of South Main Street Ext. to the Community Solar Field.
9. System Maintenance. The owner or operator of the solar energy system approved herein shall
maintain it in good condition and in accordance with industry standards.
10. Herbicides. Use of herbicides at the parcel in question to control plant growth in and around
the Community ground mounted solar energy system and its components and equipment shall be
prohibited, unless approved by the Code Enforcement Official
Town Board Meeting Minutes Page 18 November 12, 2024
11. Operations and Maintenance Plan. Non-compliance with the project Operations and
Maintenance Plan dated 9/30/24 as reviewed by the Town Board shall be a violation of the site
plan approval permit.
12. Compliance with Site Plan. Non-compliance with the conditions and safeguards as shown on
the project Site Plan shall constitute a violation of the site plan approval permit.
13. Compliance with Mitigation Measures. Non-compliance with the mitigation measures set
forth in the SEQRA Negative Declaration shall constitute a violation of the site plan approval
permit.
14. Compliance with Project Summary. Non-compliance with the safeguards and representations
set forth in the May 3, 2024 Project Summary shall constitute a violation of the site plan
approval permit, except that 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.
15. Ownership Changes. If the owner or operator of the Large- Scale Solar Energy System
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. A new
owner or operator of the Large- Scale Solar Energy System shall notify the Code
Enforcement Officer of such changes in ownership or operator within 30 days of the
ownership change.
16. NYSERDA NOI Approval. The Project Owner shall comply with those conditions set forth by
NYS Department of Agriculture and Markets – Agricultural and Markets Law 305(4) Short Form
Notice of Intent to Undertake an Action within in Agricultural District for Solar Energy Project
Affecting Less than 30 Acres of Mineral Soils (MSG) 1-4
17. Landscaping Requirement. Prior to issuance of a certificate of occupancy or certificate of
compliance the Building Inspector shall inspect the landscaping installed on site to ensure tree
plantings and similar measures have been installed consistent with the approved landscaping plan.
The height of the trees installed shall be at a height of eight (8) to ten (10) feet. The landscaping
shall be reviewed specifically at the location of 390 Lick Street to assure there is adequate
screening of the solar field from this location. The trees shall be monitored for 12 months, any
trees that do not take root and survive will be replaced. There shall be an escrow provided to the
Town for a duration of 12 months, for the surety of the Project Owner replacing the dead trees. At
the end of the 12 months the remaining escrow will be returned to the Project Owner.
18. A Host Benefit Agreement. Shall be mutually agreed upon by the Town and the Applicant prior
to the issuance of a building permit.
19. Interconnection Agreement. The Town shall be provided the interconnection plan for review, prior
to issuance of a building permit.
RESOLUTION #24-094- APPROVE THE SITE PLAN APPLICATION FOR DELAWARE RIVER SOLAR
LLC PROJECT 1 WITH ADDITIONAL CONDITIONS
After it was determined to add the following new conditions; to the review and approve the
interconnection agreement, the developer agrees to the required landscaping conditions, wet land
Town Board Meeting Minutes Page 19 November 12, 2024
considerations, adding a review of the decommissioning agreement every five (5) years, as well as
negotiate for a host community agreement, a MOTION was made by Councilperson Gamel, seconded
by Councilperson Young to approve the Delaware River Solar application for Town Board Site Plan
Review for Project I.
Ayes –Young, Klumpp, Gamel, Scheffler Resolution Passed
Nay- Clark
PROPOSED RESOLUTION
STATE OF NEW YORK COUNTY OF TOMPKINS TOWN OF GROTON TOWN
BOARD
X
In the Matter of Application of:
NY GROTON I, LLC
Applicant.
For Special Use Permit and Site Plan Approval
for a Large- Scale Solar Energy System
X
LOCATION OF PROPERTY:
South Main Street, Groton NY 13073
Involved Tax Parcel: portion of 31-1-12.1 and a portion of 26.1-25.22
Zoning: Rural Agricultural zoning district
APPLICANT(S) NAME:
NY Groton I, LLC Lower Main Street
Callicoon, New York 12723 PROPERTY OWNER(S):
John F. Young
Susan M. Barnett
Julie R. Young
James R. Young
3105 North Triphammer Road Suite 1
Lansing, New York 14882
AGENT/REPRESENTATIVE:
Hodgson Russ, LLP
Town Board Meeting Minutes Page 20 November 12, 2024
By Matthew Liponis, Esq.
677 Broadway, Suite 401
Albany, New York 12207
John F. Young, Susan M. Barnett, James R. Young and Julie R. Young (“Owner”) is the
owner in fee of certain premises located east of 800 South Main Street in the Town of Groton
(“Town”), which consists of 58.73 acres of land situated within the Rural Agricultural Zoning
District and identified on the Tax Map of the Town as Section 31, Block 1, Lot 12.1 as well as a
portion of 26-1-25.22 (the “Premises”).
NY Groton II (South Main Street), LLC (“the Applicant”) is the lessee of a portion of the
Premises, which consists of 18 acres of land (the “Project Site”).
By application (“Application’’) dated February 9, 2024, Applicant seeks a Special Use Permit
and Site Plan approval to develop and operate a 4.0 megawatt (“MW”) AC Large-Scale Ground
Mounted Solar Energy System (“Project”) on the Project Site.
In support of the Application, the Town Board duly considered the totality of the record set
forth in Schedule A.
PROJECT DESCRIPTION
The Project Site currently consists of fields and forested undeveloped land in a rural location on
the South side of South Main Street east of 800 South Main Street (“South Main Street”).
The Project will consist of ground-mounted, solar photovoltaic panels mounted on a single-
axis tracking racking system, designed to generate 4.0 MW of electrical power, and the Project will
operate as a Community Distributed Generation (“CDG”) facility as prescribed in the New York
State Public Service Commission under the electric tariffs of New York State Electric & Gas
(“NYSEG”), and 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 Town Board first considered the Application at its March 12, 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 March 12, 2024. The Town Board also referred the Application to the
Tompkins County Planning Department (“Planning Department”) as required by General
Municipal Law Section 239 -l, -m and -n on July 12, 2024. By letter dated August 9, 2024
,Tompkins County Department of Planning & Sustainability responded to the submitted application
referring to General Municipal Law Section 239 -l, -m and -n preliminary determining the proposed
Town Board Meeting Minutes Page 21 November 12, 2024
action will have a significant county-wide or inter-community impact and recommended two (2)
modifications for approval.
The first recommendation was to require the applicant to document that the function 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 function.
Findings: A response letter to the Town of Groton was dated August 26, 2024. In the response
letter a revised site plan was submitted with this response, in which there will be a culvert installed
for the stream crossing. The culvert will not inhibit the flow of the intermittent stream and thus will
not alter the existing hydrology of the region. There will not be a negative impact to the water
quality or wetland function. The design of the culvert will be reviewed and approved by the Town
Engineer prior to installation.
The second recommendation was to relocate the proposed inverter outside of the 50- foot
buffer for the intermittent stream.
Findings: In a response letter dated August 26, 2024 it was noted that DRS requested
permission, from the Town Board to talk to directly to the representative at the Tompkins County
Planning Department regarding this
comment A phone call was made to the Tompkins County Planning Department to speak to Abigail
Conner to discuss this comment on August 14th, 2024. Based on a conversation between DRS and
Mrs. Conner it was determined that there was a mistake when the County representative reviewed the
plans. The representative seemed to think the rain garden located outside the 5 0-foot buffer area of
the stream was the inverter pad. While on the call the drawings were reviewed with Mrs. Conner, it
was found that both the rain garden and the inverter pad were located outside of the buffer area. Mrs.
Conner requested we demonstrate to the Town Board that these areas are in compliance. Please see
the site plan sheet C-1 OJ submitted that delineates the buffer area with the hatching showing the rain
garden and the inverter located outside the buffer area.
In discussion with the Town Board at the September 10, 2024 Town Board meeting, the two
recommendations received by the Tompkins County Planning Board have been resolved. The final
determination was received November 7, 2024 determining the proposed action will have no
significant county-wide or intercommunity impact.
Notice of intent to serve as lead agency, dated March 22,2024, with an update to the DOT Region
dated March 26, 2024, and an update to the letter heading dated April 2, 2024 was sent to the
following involved agencies: Town of Groton Planning Board; Village of Groton; NYS Department
of Environmental Conservation (“NYSDEC”); NYS Energy Research and Development Agency
(“NYSERDA”); NYS Department of Taxation and Finance (“NYSDTF”); and the NYS Department
of Transportation (“NYSDOT”). By letter dated April 23, 2024, NYSDEC determined that the
submitting board could serve as lead agency.
The Town Board members met the Applicant for a site visit on April 18, 2024.
The Town Board continued its review at its May 14, 2024 meeting.
Town Board Meeting Minutes Page 22 November 12, 2024
The Town Board continued its review at its July 9, 2024 Town Board meeting.
The Town Board continued its review at its August 13, 2024 Town Board meeting.
The Town Board continued its review at its September 10, 2024 Town Board meeting. On September
10, 2024, the Town Board conducted a duly noticed public hearing, at which time the public was allowed
to comment on the Application and Site Plan. The public hearing was closed during the
September 10th Meeting. By letter dated September 25, 2024, the Applicant responded to the
September 10, 2024 public hearing comments.
Pursuant to local law, a separate, publicly-noticed meeting was also required in connection with the
Town’s SEQRA review. The Applicant mailed notices to all businesses and property owners within a
one-mile radius of South Main Street #1 and #2 on October 11, 2024 via Click2mail.com USPS
option. The notice stated that the Groton Town Board would consider and take action on the State
Environmental Quality Review documents submitted to the Town Board. The Town Board continued
its review at its October 22, 2024 Town Board meeting. At that meeting, the Town Board reviewed
and completed Part 2 and Part 3 of the L-EAF and made a Negative Declaration determining that there
will be no significant adverse environmental impacts from development and operation of the Project or
approval. 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 conditions2 as part of the project’s final
approvals, including those mitigation measures set forth in Part 3 of the L-EAF 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 Groton Town Code (“Town Code”) Town of Groton Local Law #1 of
2024 §4 Section 367.
The conditions of approval discussed herein are set forth fully in Schedule B, which shall govern in case of conflict
Town of Groton Local Law #1 of 2024 Section 4. Section 367: Requirements and Findings
In granting a special use permit, the Town Board must consider each and every one of the
considerations set forth in Local Law #1 of 2024 Section 4. Section 367.
Here, the Town Board finds that the installation and operation of solar energy systems as a
special use is specifically authorized under Town Code § 367 Energy Production - Large Scale. As
discussed below, the procedural and substantive requirements of Town Local Law #1 of 2024
Section 4. Section 367 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. Town Code Local Law
#1 of 2024 Section 4. Section 367 considerations are addressed as follows:
Town Board Meeting Minutes Page 23 November 12, 2024
Section 4. Section 367 of the Town of Groton Land Use Code is hereby amended to read as
follows:
Section 367. Energy Production - Large- Scale
Section 367.1 Purpose. It is the purpose of this section to advance and protect the public health, safety,
and welfare of Town of Groton, including:
a. Protecting our environment and resources for future generations by allowing alternative
energy sources while minimizing the potential for negative impacts of Energy Systems on
environmental resources such as agricultural lands, wetlands, streams, forests, wildlife,
and other valued resources.
b. Managing commercial renewable energy development to provide a balance between energy
needs that provide energy alternatives while respecting our rural agricultural
landscape; and allow for alternative Landowner Income Stream.
c. Maintaining a balance between property rights of individual landowners, property rights
and property values of adjacent landowners, and the rights of community at large.
d. Minimize the potential for unintended consequences of State and Federal energy policies
that may not have considered the unique qualities and character of our community.
367.2 Applicability
The requirements of this Section, as amended, shall apply to all Energy Systems installed or modified
after the effective date of the local law to amend this Section 367, excluding general maintenance and
normal repairs of such Energy Systems. Any repairs that are material in nature, in the judgment of the
Town Board, shall be subject to the requirements of this law. The requirements of this law must be met
and a Town Board Special Permit issued as required by this Section 367 unless otherwise exempt,
prior to or simultaneously with the application for or receipt of any required building permits.
367.3. Definitions. The definitions of Section 366 shall apply unless otherwise defined herein.
367.5 Large- Scale Solar Energy Installations.
A large- scale solar installation shall include any solar photovoltaic cell, panel, or array over 4000
square feet on any one lot that has a primary function of transferring electricity to a public electric
grid but may also be for onsite use.
367.6. Special Permit Requirements.
a. A Special Permit shall be required for a Large- Scale Solar Energy System.
b. A Special Permit shall cease to be valid if Energy System is not fully operational within
two (2) years from the date of the issuance of the Solar Permit In the event a Town
Board Special Permit for a Large- Scale Solar Energy System ceases to be valid
pursuant to this Section, any construction to date shall be deemed to be abandoned.
Town Board Meeting Minutes Page 24 November 12, 2024
c. A Town Board Special Permit shall cease to be valid if a building permit is not issued
within one (1) year from the date of the issuance of the Special Permit. A permit may
be extended for up to a year by approval of the Town Board.
367.7 Application Requirements for Large- Scale Solar Energy Systems
Large- Scale Solar Energy Systems are permitted through the issuance of a Town Board Special
Permit, subject to the requirements set forth in Section 442 of the Town of Groton Land Use &
Development Code and shall include the following provisions below. Notwithstanding anything
in the Town of Groton Land Use & Development Code to the contrary, applications for the
installation of a Large- Scale Solar Energy System shall be reviewed by the Town Board which
can include approval, approval with conditions, or denial.
Application Requirements:
a. Equipment Specifications: The equipment specification sheets shall be documented and
submitted for all significant components, including but not limited to, photovoltaic
panels, mounting systems, and inverters that are to be installed.
Finding: The equipment specification sheet is included in the Site Plan on sheet C-600 and
includes significant components including photovoltaic panels and mounting systems. Inverter
specifications can be found on Site Plan sheet C-101.
b. EPA TCLP Certification: All Panels to be installed shall have undergone EPA TCLP
Certification and Documentation of such shall be provided to the Town Board.
Finding: Details regarding the solar modules can be found in the Project Summary dated
February 16, 2024 page 12 section 2.4.2. Prior to the issuance of a building permit, new detail
sheets may be submitted for review and approval as technology of the panels may have
improved since the initial submission to the Town Board.
c. Nameplate Capacity provide the nameplate capacity of the system for a one- year period.
Finding: The nameplate capacity of the system for a one-year period is 4.0 megawatts AC/4.5
megawatts DC.
d. Stormwater Pollution Prevention Plan (SWPPP): Shall be submitted regardless of the
claimed soil disturbance acreage, meeting the requirements set forth in the New York
State Department of Environmental Conservation SPDES General Permit For
Stormwater Discharges from Construction Activity
Finding: A Stormwater Pollution Prevent Plan was submitted to the Town Board for review and
approval by Timothy C. Buhl, P.E. (“Town Engineer”). In order to meet the requirements, set
forth in the New York State Department of Environmental Conservation a SPDES General
Permit for Stormwater Discharges will be required prior to Construction Activity.
e. A Decommissioning Plan in accordance with the provisions of this Section 367 and
shall include a Panel End of Life Plan that includes but is not limited to replacement
Town Board Meeting Minutes Page 25 November 12, 2024
due to defect, malfunction, or upgrade by project proponent and any and all subsequent
operators of the facility.
Finding: A Decommissioning Plan was created in accordance with provision of Section 367.10.
and submitted to the Town February 26, 2024. The decommissioning process of the Solar
Facility may commence for the following reasons: (a) Project Owner provides written notice to
the Town of its intent to retire or decommission the Project for any reason, including the Solar
Facility is damaged and will not be repaired or replaced, (b) the Solar Facility ceases to be
operational for more than twelve (12) consecutive months, or (c) the expiration of the lease
agreement with the Property Owner.
f. Host Community Agreement that is mutually agreed upon between the applicant and
the Town Board. The requirement for a Host Community Agreement may be waived
by the Town Board.
Finding: A Host Community Agreement may be mutually agreed upon between the Town
Board and the Applicant.
g. Agricultural Activity. If an applicant intends to include agricultural activities in
conjunction with Ground Mounted Solar, applications shall include a detailed site plan
with the dimensions and clearances that define allowance( s) for access of agricultural
equipment, facilities to maintain animal care and feasibility of agricultural related
activities on the site. For buried utilities and conduit, 30 inches or more of soil cover is
recommended to allow for adequate root growth for desired agricultural use.
Finding: The unleased portion of the parcel may be used for agricultural purposes at the
discretion of the landowner. No agricultural activity is proposed in the leased area of the solar
field.
367.8 Special Permit Standards (Large- Scale Solar)
b. Height. Large- Scale Solar Energy Systems shall not exceed twenty (20) feet in height.
Finding: The Large-Scale Solar Energy System panels will not exceed 20 feet in height. The
height of the fence surrounding the project will be 8 feet in height.
b. Setback. Energy System fencing shall be Seventy- five (75) feet from the side and
back lot lines of the property owner’s lot and Energy System panels must but be at
least Twenty- five (25) feet from the fence to the closest edge of the panel. The front
lot lines shall be One Hundred Fifty (150) feet from the centerline of the road to the
fence.
Finding: The property setback from the side lot lines exceed the 75 foot required setback to the
east and west property lines as noted on Site Plan page C-501. The rear lot line also exceeds
the 75 foot requirement. The property setback from the front and the road far exceed the 150
foot required setback The closest location to South Main street measures 807.8 feet as shown
on site plan page C-501.
Town Board Meeting Minutes Page 26 November 12, 2024
c. Lot Size. Large- Scale Energy Systems shall be located on lots with a minimum lot
size of 5 acres.
Finding: The Large-Scale Energy System detail of Lot Size can be found in the Project
Summary on page 5. The Large-Scale Solar Energy System is located on a 58.73 acre lot area
with a total lot coverage of 18 acres and a site coverage of 6.64 acres.
d. Lot Coverage. The enclosed or fenced in area of a Large- Scale Solar Energy System
shall not exceed 75% of the lot on which it is installed.
Finding: As listed in the Zoning Analysis on Site Plan sheet C-001 the fenced-in area of the
Large-Scale Solar Energy System is 30%.
e. Storage Batteries Systems. When Storage Batteries are included as a part of the Solar
Energy System, they are required to be installed with an additional building permit and
must be placed in a secure container or enclosure when in use. Battery systems
requiring cooling, shall be placed on the farthest portion of the lot away from
neighboring homes to minimize noise, unless other mitigating measures are arranged.
Storage Batteries no longer in use, must be disposed of in a timely manner in
accordance with the laws and regulations of the Town of Groton, Tompkins County,
New York State, and all other applicable laws and regulations.
Finding: Storage Batteries will not be installed.
f. Fencing. All Large- Scale Solar Energy Systems shall be enclosed by fencing to
prevent unauthorized access. Warning signs with the emergency contact
information shall be placed on the entrance and perimeter of the fencing as required
in the judgment of the Town Board. The type of fencing shall be approved by the
Town Board and shall be a maximum of 8 feet and a minimum of 6 feet in height.
All Fencing shall be interior to require Vegetation Visual and Sound Screening.
Finding: The Project will be enclosed by an 8’ tall deer fence. The fence surrounding the
project is a deer fence with pressure treated posts. The fence will blend in with the natural
wooded surroundings. The fence will discourage large animals and trespassers from entering
the site. Please see fence detail on site plan sheet C-600. Site Plan sheet C-600 includes a
signage detail which states emergency contact information to be placed on the gate and along
the perimeter fence.
g. Utility Connections: To the extent reasonably practicable, all utility connections for
any Large- Scale Solar Energy Systems shall be placed underground, depending upon
the appropriate soil conditions, shape and topography of the site and any requirements
of the National Electrical Code utility. Electrical transformers for utility connections
may be above ground if required by the utility provider. For overhead powerlines and
utility power pole installation, ensure that pole placement and the height of the wire
will not interfere with the ability to access lands with harvest equipment. Buried
Utilities along Town Right- of-Ways are subject to a Commercial Road Work Permit.
Finding: The utility connection will be through underground wires which run from the inverters
and connect to the Point of Common Coupling. The connection consists of four (4) above
Town Board Meeting Minutes Page 27 November 12, 2024
ground utility poles that link to the Point of Interconnection and the New York State Electric
and Gas (“NYSEG”) system.
h. Lighting: All Lighting on site shall be Dark- sky compliant. The Town Board may permit
motion- activated or staff- activated security lighting around the equipment of a Large-
Scale Solar Energy System or accessory structure. Such lighting should only be activated
when the area within the fenced perimeter has been entered. Lighting shall be limited to
that minimally required for safety and operational purposes and shall be reasonably
shielded and downcast from abutting properties.
Finding: There is no proposed exterior lighting for the project.
i. Notifications. Notwithstanding anything to the contrary in the Site Plan Review Law or
SEQRA, any notifications required pursuant to the Site Plan Review Law or SEQRA
with respect to any Solar Energy System shall be sent to all landowners within one (1)
mile of the boundary of the parcel on which the proposed site is located.
Finding: Notification of a Public Hearing on the project were mailed via United States Postal
Service regular mail to landowners within one (1) mile of the boundary of the parcel of which
the project is located. Letters were mailed initially on August 22, 2024 and more letters were
mailed to additional landowners on September 3, 2024 to complete the required mailing. In
addition the Applicant mailed notices to all businesses and property owners within a one-mile
radius of South Main Street #1 and #2 on October 11, 2024 via Click2mail.com USPS option.
The notice stated that the Groton Town Board would consider and take action on the State
Environmental Quality Review documents submitted to the Town Board
j. The project must be installed by a Qualified Solar Installer and 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.
Finding: Prior to a building permit being issued, a qualified solar installer will be provided.
k. Inspections: The Town may cause to inspect all facets of said System’ s placement,
construction, modification and maintenance. Any inspections required by the Town
Board that require specialized solar expertise and are beyond the Code Enforcement
Officer’ s scope or ability shall be at the expense of the applicant and/ or the operator of
the System.
Finding: The Towns inspection of the projects placement, construction, modification and
maintenance may be conducted prior to the project being energized, as well as while the system
is operating.
l. Location: Large- Scale Solar Energy Systems shall not be located in the following areas
unless otherwise approved by the Town Board in conjunction with the Solar Permit
approval process provided in this section:
1. Areas of potential environmental sensitivity, including Unique Natural Areas as
designated by the Tompkins County Environmental Management Council, flood
Town Board Meeting Minutes Page 28 November 12, 2024
plains, historic sites, airports, state- owned lands, conservation easements, trails,
parkland, prime soils, and wetlands as identified by Tompkins County, the New York
State Department of Environmental Conservation or the United States Army Corps of
Engineers; and
Finding: One of the two disturbance is the classification of Farmland as Statewide
Importance. The permanent disturbance area is noted on Site Plan sheet C-501 as 1.05
acres.
The second disturbance is the classification of Prime Farmland. The permanent
disturbance area is noted on Site Plan sheet C-501 as 4 acres.
The Town Board in conjunction with the solar permit approval process will allow the
location of the project to be on this site.
On October 4, 2024 a letter was received via email from NYSERDA which issued a
notice of intent to undertake an action within a State-certified Agricultural District.
2. On slopes of greater than fifteen percent ( 15%).
Finding: Per site plan sheet C-200 slopes of the project site are no greater than fifteen
percent (15%).
p. Other. The Town Board may impose conditions on its approval of any Town Board
Special Permit under this Section in order to enforce the standards referred to in this
Section or in order to discharge its obligations under SEQRA.
Finding: The Town Boards conditions can be found as schedule B of this document.
q. Ownership Changes. If the owner or operator of the Large- Scale Solar Energy System
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. A new
owner or operator of the Large- Scale Solar Energy System shall notify the Code
Enforcement Officer of such changes in ownership or operator within 30 days of the
ownership change.
Finding: The Project Owner shall abide by the conditions set forth in this Resolution.
367.9 Financial Surety
Prior to the issuance of a building permit and every two years thereafter, the Large- Scale Solar
Energy System owner and/ or operator shall file with the Town evidence of financial security to
provide for one hundred twenty five percent ( 125%) of the full cost of decommissioning and
removal of the system, which amount shall be subject to an annual escalator of 2%, and shall be
revisited every five years to account for any adjustments in the projected costs of decommissioning.
Evidence of financial security shall be in effect throughout the life of the system and shall be, in the
sole discretion of the Town Board, in a bond or other form of security reasonably acceptable to the
Town Board. In the event ownership of the system is transferred to another party, the new owner (
transferee) shall file evidence of financial security with the Town at the time of transfer. Failure to
keep a surety in place as required by this law shall result in the revocation of the Special Permit and
the termination of the project unless and until such surety is restored; provided, however, that any
Town Board Meeting Minutes Page 29 November 12, 2024
lapse of a surety in excess of 180 days shall be deemed an abandonment of the project pursuant to
Section 367.11 herein and subject to complete decommissioning in accordance with this law.
Any applicant for a Special Permit pursuant to this Section 367 shall provide written
acknowledgment by the landowner of the decommissioning plan, which acknowledgment shall
include authorization for the town or its representative to enter upon the land to carry out the
decommissioning in the case it is not decommissioned in accordance with the plan.
367.10 Decommissioning and Removal.
A Large- Scale Solar Energy System which has been abandoned shall be decommissioned and
removed. The Large- Scale Solar Energy System owner and/ or owner of the land upon which the
system is located shall be held responsible to physically remove all components of the system
within one year of abandonment. Removal of the Large- Scale Solar Energy System shall be in
accordance with a decommissioning plan approved by the Town Board. A schedule of fines shall
be approved and adopted by the Town Board to be imposed on the Landowner in the event there
is a failure to comply.
Decommissioning and removal of a Large- Scale Solar Energy System shall consist of:
a. Physical removal of all above ground and below ground equipment, structures and
foundations, including but not limited to all solar arrays, buildings, towers, blades,
security barriers, fences, electric transmission lines and components, roadways and other
physical improvements to the site related to the Large- Scale Solar Energy System;
Finding: The Decommissioning Plan was provided to the Town Board for review and approval.
As a condition of approval, the applicant must submit an executed Decommissioning Plan and
post the required financial security prior to the issuance of a building permit for the Project.
b. Disposal of all solid and hazardous waste in accordance with local, state and federal
waste disposal regulations,
Finding: Per Appendix 1 of the Decommissioning Plan, the disposal of solid and hazardous
waste, as well as all other project components, will be removed according to local, state and
federal regulations.
d. Restoration of the ground surface and soil,
Finding: Per section 4.3 Site Restoration of the Decommissioning Plan the Project site will be
restored to as natural a condition as possible, using native meadow grasses within one year of
removal.
d. Stabilization and revegetation of the site with native seed mixes and/ or plant species
excluding invasive species) to minimize erosion,
Finding: Per section 4.3 Site Restoration of the Decommissioning Plan the rehabilitated lands
will be seeded with a low-growing species to help stabilize soil conditions, enhance soil
structure, and increase soil fertility.
e. Upon petition to the Town Board, the Town Board shall permit the system owner and/ or
Town Board Meeting Minutes Page 30 November 12, 2024
landowner to leave certain underground or above ground improvements in place,
provided the owner can show that such improvements are part of a plan to redevelop the
site, are not detrimental to such redevelopment, and do not adversely affect community
character or the environment.
Finding: Per section 4.1 Equipment Dismantling and Removal of the Decommissioning Plan all
aboveground and underground electrical interconnection and distribution cables shall be
removed and disposed off-site at an approved facility.
f. An estimate of the anticipated operational life of the system;
Finding: The Solar Facility is expected to have a useful life of thirty (30) years.
g. Identification of the party responsible for decommissioning;
Finding: Prior to issuance of a building permit the owner of the solar energy system 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
site plan approval.
h. Description of any agreement with the landowner regarding decommissioning;
Finding: No current finding is applicable to this section.
i. A schedule showing the time frame over which decommissioning will occur and for
completion of site restoration work;
Finding: Per section 4.1.11 Decommissioning Plan of the Project Summary the site
decommissioning and equipment removal can take a month or more. A schedule of
decommissioning events can be agreed upon in the Decommissioning Plan agreement between
the Town and the Project Owner.
j. A certified and sealed cost estimate prepared by a qualified structural engineer or
professional engineer, who shall be reasonably acceptable to the Town Board, estimating
the full cost of decommissioning and removal of the system, including, but not limited to,
the cost of solid waste disposal and the cost to clean- up any hazardous waste leakage on
the property. No scrap value shall be taken into account for purposes of estimating these
decommissioning and removal costs. The Town Board shall have the sole discretion to
require a structural engineer or a professional engineer and regardless of which type of
engineer is chosen, such engineer shall be licensed by the State of New York. The Town
Board shall have the right, in its sole discretion, to have this estimate reviewed by an
independent structural engineer at the system owner’ s and/ or operator’ s expense;
Finding: Prior to issuance of a building permit the owner of the solar energy system 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
site plan approval.
k. A financial plan to ensure that financial resources will be available to fully decommission
the site.
Town Board Meeting Minutes Page 31 November 12, 2024
Finding: Prior to issuance of a building permit the owner of the solar energy system 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
site plan approval.
Town of Groton Requirements and Findings
The Town Board is authorized to conduct a site plan review under Town Code Local Law #1
of 2024 Section 4. Section 367 and must consider factors reasonably related to the health, safety and
general welfare of the community. The Applicant has submitted information required under Town
Code Local Law #1 of 2024 Section 4. Section 367. Upon review and deliberation, the Town Board
finds Applicant’s Site Plan to meet the requirements of Town Code Local Law #1 of 2024 Section 4.
Section 367.
DECISION
Based on the foregoing findings and after review of the Application and supporting materials,
Applicant’s presentations at the March 21, 2024, May 14, 2024, July 9, 2024, August 13, 2024,
September 10, 2024, and October 22, 2024 Town Board meetings; after consideration of the
comments made at the public hearing held on September 10, 2024; and after due deliberation:
BE IT RESOLVED that the Town Board finds that the Applicant has submitted all applicable
materials, met all applicable requirements as set forth in Town of Groton Local Law #1 of 2024 §4
Section 367.
RESOLVED that the Town Board hereby approves the Application and authorizes issuance of
a Special Use Permit for the large-scale solar energy system 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 large- scale
solar energy system in accordance with the layout, design, specifications and notes shown on the Site
Plan, subject to all applicable laws and conditions, and authorizes the Town Supervisor or his
designee to sign and stamp the Applicant’s Site Plan; and be it further
RESOLVED that the foregoing Resolution(s) are subject to the conditions set forth in
Schedule B attached to this resolution.
Schedule B – Approval Conditions
1. Town Costs. Payment of all fees in accordance with the Town’s fee schedule and payment of
any outstanding consultant fees.
2. Construction Schedule. Prior to issuance of a building permit, the Applicant shall submit a
revised construction schedule to the Building Inspector.
3. Local Agent. Prior to issuance of a building permit, the Applicant shall designate a local agent
and provide the names of other persons or entities having a vested or contingent interest in the
solar energy system on the Project Site to the Building Inspector.
4. Decommissioning Agreement. Prior to issuance of a building permit the owner of the solar
energy system shall enter into a Decommissioning Agreement with the Town Non-compliance
Town Board Meeting Minutes Page 32 November 12, 2024
with the Decommissioning Plan or failure to maintain the required security shall be a violation of
the site plan approval. The decommissioning Bond amount shall be reviewed every five (5)
years.
5. Emergency Access. Prior to issuance of a building permit, the emergency response and safety
plan shall be approved by the Building Inspector. The emergency response plan may be modified
by a successor- in-interest in cooperation and with the consent of the Fire Department. The
owner or operator of the solar energy system shall install a Knox Box or implement other
commercially reasonably means to provide the Volunteer Fire Company access to the site in case
of emergency.
6. Emergency Contact. Prior to issuance of a building permit, the owner or operator of the solar
energy system shall identify a person responsible for responding to safety inquiries and notify the
Building Inspector of the person identified.
7. Signage. Prior to issuance of certificate of occupancy or certificate of compliance, the owner
or operator of the solar energy system shall install all required signage to the satisfaction of the
Building Inspector.
8. Driveway Access Permit: Prior to issuance of a building permit, the Applicant shall comply
with the condition of the County DPW to obtain a DPW Highway Access Permit for the
driveway access off of South Main Street Ext. to the Community Solar Field.
9. System Maintenance. The owner or operator of the solar energy system approved herein shall
maintain it in good condition and in accordance with industry standards.
10. Herbicides. Use of herbicides at the parcel in question to control plant growth in and around
the Community ground mounted solar energy system and its components and equipment shall be
prohibited, unless approved by the Code Enforcement Official
11. Operations and Maintenance Plan. Non-compliance with the project Operations and
Maintenance Plan dated 9/30/24 as reviewed by the Planning Board shall be a violation of the
site plan approval permit.
12. Compliance with Site Plan. Non-compliance with the conditions and safeguards as shown on
the project Site Plan shall constitute a violation of the site plan approval permit.
13. Compliance with Mitigation Measures. Non-compliance with the mitigation measures set
forth in the SEQRA Negative Declaration shall constitute a violation of the site plan approval
permit.
14. Compliance with Project Summary. Non-compliance with the safeguards and representations
set forth in the May 3, 2024 Project Summary shall constitute a violation of the site plan
approval permit, except that 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.
15. Ownership Changes. If the owner or operator of the Large- Scale Solar Energy System
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. A new owner or operator of
the Large- Scale Solar Energy System shall notify the Code Enforcement Officer of such changes
in ownership or operator within 30 days of the ownership change.
16. NYSERDA NOI Approval. The Project Owner shall comply with those conditions set forth by
NYS Department of Agriculture and Markets – Agricultural and Markets Law 305(4) Short Form
Town Board Meeting Minutes Page 33 November 12, 2024
Notice of Intent to Undertake an Action within in Agricultural District for Solar Energy Project
Affecting Less than 30 Acres of Mineral Soils (MSG) 1-4
17. Landscaping Requirement. Prior to issuance of a certificate of Occupancy or certificate of
compliance the Building Inspector shall inspect the landscaping installed on site for Cypress trees
or alike that are installed per the approved landscaping plan. The height of the trees installed shall
be at a height of eight (8) to ten (10) feet. The landscaping shall be reviewed specifically at the
location of 390 Lick Street to assure there is adequate screening of the solar field from this
location. The trees shall be monitored for 12 months, any trees that do not take route and survive
will be replaced. There shall be an escrow provided to the Town for a duration of 12 months, for
the surety of the Project Owner replacing the dead trees. At the end of the 12 months the
remaining escrow will be returned to the Project Owner.
18. A Host Benefit Agreement. Shall be mutually agreed upon by the Town and the Applicant prior
to the issuance of a building permit.
19. Interconnection Agreement. The Town shall be provided the interconnection plan for review, prior
to issuance of a building permit.
RESOLUTION #24-095- APPROVE THE SITE PLAN APPLICATION FOR DELAWARE RIVER SOLAR
LLC PROJECT 2 WITH ADDITIONAL CONDITIONS
After it was determined to add the following new conditions; to the review and approve the
interconnection agreement, the developer agrees to the required landscaping conditions, wet land
considerations, adding a review of the decommissioning agreement every five (5) years, as well as
negotiate for a host community agreement, a MOTION was made by Councilperson Gamel, seconded
by Councilperson Klumpp to approve the Delaware River Solar application for Town Board Site Plan
Review for Project I.
Ayes –Young, Klumpp, Gamel, Scheffler Resolution Passed
Nay- Clark
A MOTION was made by Supervisor Scheffler to appoint members of the Planning Board and Zoning
Board of Appeals to review and draft an updated Comprehensive Plan was seconded by Councilperson
Gamel.
Ayes –Clark, Young, Klumpp, Gamel, Scheffler Motion Passed becoming # 24-096
Nay-
The Town has received the final Audit Report.
Privilege of the Floor
Barry Siebe, 800 South Main Street- Just a clarification, you just approved the application for
Delaware River Solar, what is the next step in the process?
Supervisor Scheffler: A Building Permit.
Town Board Meeting Minutes Page 34 November 12, 2024
Mr. Siebe: I was confused on what was being approved as I was not aware that there was a final
application as I thought from my own personal perspective, that there would be another public hearing
on the project after final plan was approved.
With no one else wishing to speak, Councilperson Gamel moved to enter executive session with the
Attorney and Town Clerk present to discuss the host community agreement, seconded by
Councilperson Young.
Ayes –Clark, Young, Klumpp, Gamel, Scheffler Motion Passed
Motion to return from executive session with a consensus on the figure for the host agreement was
made by Councilperson Gamel, second by Councilperson Young and with no further business,
Councilperson Gamel moved to adjourn, seconded by Councilperson Young at 8:28 PM Unanimous.
Robin Cargian, RMC
Town Clerk/Tax Collector