HomeMy WebLinkAbout12-11-24 ZBA MinutesTown of Lansing
Zoning Board of Appeals Meeting
Wednesday, December 11, 2024 6:30 PM
Lansing Town Hall, 29 Auburn Rd
Present
Susan Tabrizi
Mary Stoe
Rick Hayes
Roger VandePoel
Bruce Barber
Other Staff Present
Kelly Geiger, Planning Clerk
Mason Molesso, Town Planner
Guy Krogh, Legal Counsel
Judy Drake, Liaison
Public Present
Usman Chaudhry
Charles Malcomb
Melissa Melko
Mollie Messenger
Jamie Jones
Susan Tabrizi opened the meeting at 6:38pm
Action Items:
Excused
Jack Young, Chair
Proiect: Requesting a Use Variance to construct a Solar EnerLyv Facilitv off N.
Triphammer Road
Applicant: Mollie Messenger, representing Delawar River Solar
Location: 0 North Triphammer Road, TPN 44.4 -1.2 and 44.-1-3.3
Project Description: The applicant has applied for a Use Variance to construct 2 Solar Energy
Facilities off N. Triphammer Road. This project is located in R2 zoning which does not permit
the construction of a Solar Energy Facility
SEQR: This project is a Type I action (617.4 (B)(2) and 617.4 (6)(i)) and will require further
review
Summary of Discussion:
• Jack Young Recused himself as Chair and Susan Tabrizi stepped in as Chair
• Mollie Messenger, Melissa Melko, Usman Chaudhry and Charles Malcomb were present
to discuss this project.
Page 1 of 15
• The Board discussed Findings Statement, Use Variance, "forever" vs. "term", Nature of
project -temporary vs. permanent, concerns about spraying of chemicals, maintenance -use
of animals, no, maintained by normal mowing, landscaping, berm and buffering.
• The board approved the project with contingencies
TOWN OF LANSING ZONING BOARD OF APPEALS RESOLUTION
DECLARATION OF LEAD AGENCY & SEQRA NEGATIVE DECLARATION
DELAWARE RIVER SOLAR — NY LANSING I
BACKGROUND INFORMATION
Variance No: 24-7
Zoning District: R2
Public Hearing Published on: 6/28/24
600' Notices Mailed: 6/28/24
Applicant:
Mollie Messenger, agent on behalf of NY Lansing I LLC.
0 N. Triphammer Road Lansing, NY 14850
Property Location: 0 N. Triphammer Road
Tax Parcel #: 44.4-1.2
Requirement for which a Use Variance is being requested: Town of Lansing Zoning Law § 270-
11 Schedule I, Schedule of Land Uses or Activities
RESOLUTION AND FINDINGS
WHEREAS; an application was made by Mollie Messenger, on behalf of NY Lansing I, LLC
(Delaware River Solar), for a Use Variance to locate and operate a 5 MW photovoltaic array and
associated supporting facility on land located at TPN 44.-1-1.2. NY Lansing I will consist of
approximately 10,000 photovoltaic panels, an access road, utility connections, inverters and all
other facilities shown in the drawing set "NY Lansing I, LLC" dated 7/29/2024. The property
parcel consists of approximately 24.9 ± acres in the R2 — Residential Moderate Density zoning
district which does not permit Solar Energy Facilities. This project proposal also includes a Lot
Line Adjustment between NY Lansing I & NY Lansing II, as well as Site Plan Approval for both
projects from the Town of Lansing Planning Board; and
WHEREAS; 6 NYCRR § 617 of the State Environmental Quality Review Act ("SEQRA")
requires that a Lead Agency be established for conducting environmental review of projects in
accordance with state environmental law and the Lead Agency shall be that local agency which
has primary responsibility for approving and funding or carrying out the action; and
WHEREAS; legal notice was published on 28 June 2024 and adjacent property owners within
600 linear feet were notified by mail on the same date, pursuant to Town Code § 270-27(F); and
WHEREAS; the Town of Lansing Zoning Board of Appeals ("ZBA"), being the local agency
Page 2 of 15
93 which has primary responsibility for approving the action, did on 10 July, 2024 classify the project
94 as a Type I Action and declared itself the Lead Agency for the coordinated environmental review
95 with the Town of Lansing Planning Board; and
96
97 WHEREAS; a public hearing was duly held before the ZBA on 10 July 2024, and the public was
98 duly allowed to speak upon and address the proposed project, including the SEQR environmental
99 review portion thereof,
100
101 WHEREAS; the Town of Lansing Planning Board, the Village of Lansing, NY, the Tompkins
102 County Department of Planning and Sustainability, the Tompkins County Highway Department,
103 NYS DOT, NYS Department of Environmental Conservation and NYSERDA were given the
104 opportunity to comment on the proposed action; and
105
106 WHEREAS; Project plans, and related information, were duly delivered to the Tompkins County
107 Planning and Sustainability Department per General Municipal Law § 239; et seq., and such
108 Department responded in a letter dated 18 September 2024, from Katherine Borgella, Tompkins
109 County Commissioner of Planning, pursuant to §239 -1, -m, and -n of the New York State General
110 Municipal Law, which made the following recommendations:
III
112 • We recommend that the Town require the applicant to document that any roads, fencing,
113 or solar panels that are proposed within a delineated wetland be constructed so as to
114 maintain the hydrologic function of the wetland. These modifications are recommended to
115 help preserve and protect water quality.
116
117 • We recommend that the Town requires the applicant to include mature plantings and native
118 pollinator mix in the Operations and Maintenance Section of their proposal. This
119 modification is recommended to maintain a healthy vegetative screen between the project
120 and the surrounding parcels, all of which are residentially zoned.
121
122 In addition to the recommended modifications, we have the following comments on the
123 proposed action:
124
125 • We suggest that the Town closely considers the vision for this area as outlined in its
126 Comprehensive Plan as it makes its decision on this project. As you are aware, the
127 Town's Comprehensive Plan recommends this area be developed as Residential
128 Moderate Density, which is described in the Plan (in part) as "mixed -use but primarily
129 residential ... developed at a density that takes full advantage of existing
130 infrastructure...." The parcel is in the R2 Zoning District, described as "areas where the
131 expected and desired use of land is a mixture of varied types of residential development."
132 In addition, the site also has access to a public water supply.
133
134 • We suggest that the Town request that the developer work with the electric utility
135 company to outline the interconnection plan for this project so that the Town has the
136 opportunity to review and comment on that interconnection prior to it becoming final.
137
138 WHEREAS; an Ecological Memo, dated 24 June 2024, was provided by the applicants
139 engineering firm (PWGC) and outlines best management practices that shall be followed by the
140 applicant throughout the preconstruction and build out phase. These BMP's will minimize impacts
Page 3 of 15
141 on protected species and habitats, and are considered sufficient mitigation techniques by the
142 NYSDEC; and
143
144 WHEREAS; a Wetland Delineation Report, dated July 2024, was submitted by the applicants
145 engineering firm (PWGC) which mapped and inventoried all wetlands present on parcel number
146 44.-1-1.2 as well as parcel number 44.-1-3.3 (NY Lansing II partner project), and
147
148 WHEREAS; the 18 September 2024 letter from the FAA established that there is no hazard to air
149 traffic transportation or navigation; and
150
151 WHEREAS; a Wetland Mitigation Plan, dated November 2024, was submitted by the applicants
152 engineering firm (PWGC) outlining a summary of both permanent and temporary impacts to
153 wetlands on site, as well as BMP's and mitigation requirements the applicant shall adhere to during
154 both the preconstruction, build out and post construction/ operating phase's in order to mitigate
155 impacts to wetlands; and
156
157 WHEREAS; any permanent, unavoidable loss of wetlands will result in the applicant paying into
158 a mitigation bank or in — lieu fee program credits as compensatory mitigation as determined by the
159 USACE; and
160
161 WHEREAS; each of the identified impacts were analyzed and duly considered by the Planning
162 Board, as Lead Agency, in relation to the question of whether such impacts were so probable of
163 occurring or so significant as to require a positive declaration of environmental impacts, and after
164 weighing the potential impacts arising from or in connection with this Use Variance approval, and
165 after also considering: (i) the probability of each potential impact occurring, including weighing
166 the highly speculative nature of some potential future contingencies and the potential non -highly
167 speculative nature of others; (ii) the duration of each potential impact; (iii) the irreversibility of
168 each potential impact, including a consideration of permanently lost resources of value; (iv)
169 whether each potential impact can or will be controlled or mitigated by permitting, reviews, or
170 other regulatory processes; (v) the regional consequence of the potential impacts; (vi) the potential
171 for each impact to be or become inconsistent with the Town's Master Plan or Comprehensive Plan
172 and local needs and goals; and (vii) whether any known objections to the Project relate to any of
173 the identified potential impacts; the Planning Board found that these factors did not cause any
174 potential negative environmental or related social or resource impact to be or be likely to become
175 a moderate or significant negative impact; and
176
177 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
178
179 The Town of Lansing ZBA, based upon (i) its thorough review of the FEAF pt. 1, Ecological
180 Memo by applicants engineers (PWGC), Wetland Mitigation Plan by applicants engineers, and all
181 other documents prepared and submitted with respect to this proposed action and its environmental
182 review, (ii) its thorough review of the potential relevant areas of environmental concern of the
183 proposed project to determine if the proposed action may have a significant adverse impact on the
184 environment, including the criteria identified in 6 NYCRR Section 617.7(c), and (iii) its
185 completion of the FEAF, Part 2 and its determination at Part 3, including any findings noted therein
186 (which findings are incorporated herein as if set forth at length), hereby makes a negative
187 determination of environmental significance ("NEGATIVE DECLARATION") in accordance
188 with SEQRA for the above referenced proposed action, and determines that an Environmental
189 Impact Statement will not be required; and it is
Page 4 of 15
FURTHER RESOLVED; that a responsible Officer of the Town of Lansing is hereby authorized
and directed to complete and sign, as required, the determination of significance, confirming the
foregoing Negative Declaration, which the fully completed and signed FEAF and determination
of significance shall be incorporated by reference in these resolutions
Dated: 11 December 2024
Motioned by: Mary Stoe
Seconded by: Roger VandePoel
VOTE AS FOLLOWS:
Bruce Barber (alt.) — Aye
Richard Hayes — Nay
Mary Stoe — Aye
Susan Tabrizi — Aye
Roger VandePoel — Aye
TOWN OF LANSING ZONING BOARD OF APPEALS RESOLUTION
DECLARATION OF LEAD AGENCY & SEQRA NEGATIVE DECLARATION
DELAWARE RIVER SOLAR — NY LANSING II
BACKGROUND INFORMATION
Variance No: 24-6
Zoning District: R2
Public Hearing Published on: 6/28/24
600' Notices Mailed: 6/28/24
Applicant:
Mollie Messenger, agent on behalf of NY Lansing II LLC.
0 N. Triphammer Road Lansing, NY 14850
Property Location: 0 N. Triphammer Road
Tax Parcel #: 44.4-3.3
Requirement for which a Use Variance is being requested: Town of Lansing Zoning Law § 270-
11 Schedule I, Schedule of Land Uses or Activities
RESOLUTION AND FINDINGS
WHEREAS; an application was made by Mollie Messenger, on behalf of NY Lansing II, LLC
(Delaware River Solar), for a Use Variance to locate and operate a 3 MW photovoltaic array and
associated supporting facility on land located at TPN 44.-1-3.3. NY Lansing II will consist of
approximately 6,000 photovoltaic panels, an access road, utility connections, inverters and all
other facilities shown in the drawing set "NY Lansing II, LLC" dated 7/29/2024. The property
parcel consists of approximately 42.78 ::L acres in the R2 — Residential Moderate Density zoning
district which does not permit Solar Energy Facilities. This project proposal also includes a Lot
Page 5 of 15
239 Line Adjustment between NY Lansing I & NY Lansing II, as well as Site Plan Approval for both
240 projects from the Town of Lansing Planning Board; and
241
242 WHEREAS; 6 NYCRR § 617 of the State Environmental Quality Review Act ("SEQRA")
243 requires that a Lead Agency be established for conducting environmental review of projects in
244 accordance with state environmental law and the Lead Agency shall be that local agency which
245 has primary responsibility for approving and funding or carrying out the action; and
246
247 WHEREAS; legal notice was published on 28 June 2024 and adjacent property owners within
248 600 linear feet were notified by mail on the same date, pursuant to Town Code § 270-27(F); and
249
250 WHEREAS; the Town of Lansing Zoning Board of Appeals ("ZBA"), being the local agency
251 which has primary responsibility for approving the action, did on 10 July, 2024 classify the project
252 as a Type I Action and declared itself the Lead Agency for the coordinated environmental review
253 with the Town of Lansing Planning Board; and
254
255 WHEREAS; a public hearing was duly held before the ZBA on 10 July 2024, and the public was
256 duly allowed to speak upon and address the proposed project, including the SEQR environmental
257 review portion thereof,
258
259 WHEREAS; the Town of Lansing Planning Board, the Village of Lansing, NY, the Tompkins
260 County Department of Planning and Sustainability, the Tompkins County Highway Department,
261 NYS DOT, NYS Department of Environmental Conservation and NYSERDA were given the
262 opportunity to comment on the proposed action; and
263
264 WHEREAS; Project plans, and related information, were duly delivered to the Tompkins County
265 Planning and Sustainability Department per General Municipal Law § 239; et seq., and such
266 Department responded in a letter dated 18 September 2024, from Katherine Borgella, Tompkins
267 County Commissioner of Planning, pursuant to §239 -1, -m, and -n of the New York State General
268 Municipal Law, which made the following recommendations:
269
270 • We recommend that the Town require the applicant to document that any roads, fencing,
271 or solar panels that are proposed within a delineated wetland be constructed so as to
272 maintain the hydrologic function of the wetland. These modifications are recommended to
273 help preserve and protect water quality.
274
275 • We recommend that the Town requires the applicant to include mature plantings and native
276 pollinator mix in the Operations and Maintenance Section of their proposal. This
277 modification is recommended to maintain a healthy vegetative screen between the project
278 and the surrounding parcels, all of which are residentially zoned.
279
280 In addition to the recommended modifications, we have the following comments on the
281 proposed action:
282
283 • We suggest that the Town closely considers the vision for this area as outlined in its
284 Comprehensive Plan as it makes its decision on this project. As you are aware, the
285 Town's Comprehensive Plan recommends this area be developed as Residential
286 Moderate Density, which is described in the Plan (in part) as "mixed -use but primarily
Page 6 of 15
287 residential ... developed at a density that takes full advantage of existing
288 infrastructure...." The parcel is in the R2 Zoning District, described as "areas where the
289 expected and desired use of land is a mixture of varied types of residential development."
290 In addition, the site also has access to a public water supply.
291
292 • We suggest that the Town request that the developer work with the electric utility
293 company to outline the interconnection plan for this project so that the Town has the
294 opportunity to review and comment on that interconnection prior to it becoming final.
295
296 WHEREAS; an Ecological Memo, dated 24 June 2024, was provided by the applicants
297 engineering firm (PWGC) and outlines best management practices that shall be followed by the
298 applicant throughout the preconstruction and build out phase. These BMP's will minimize impacts
299 on protected species and habitats, and are considered sufficient mitigation techniques by the
300 NYSDEC; and
301
302 WHEREAS; a Wetland Delineation Report, dated July 2024, was submitted by the applicants
303 engineering firm (PWGC) which mapped and inventoried all wetlands present on parcel number
304 44.-1-1.2 as well as parcel number 44.-1-3.3 (NY Lansing II partner project), and
305
306 WHEREAS; the 18 September 2024 letter from the FAA established that there is no hazard to air
307 traffic transportation or navigation; and
308
309 WHEREAS; a Wetland Mitigation Plan, dated November 2024, was submitted by the applicants
310 engineering firm (PWGC) outlining a summary of both permanent and temporary impacts to
311 wetlands on site, as well as BMP's and mitigation requirements the applicant shall adhere to during
312 both the preconstruction, build out and post construction/ operating phase's in order to mitigate
313 impacts to wetlands; and
314
315 WHEREAS; any permanent, unavoidable loss of wetlands will result in the applicant paying into
316 a mitigation bank or in — lieu fee program credits as compensatory mitigation as determined by the
317 USACE; and
318
319 WHEREAS; each of the identified impacts were analyzed and duly considered by the Planning
320 Board, as Lead Agency, in relation to the question of whether such impacts were so probable of
321 occurring or so significant as to require a positive declaration of environmental impacts, and after
322 weighing the potential impacts arising from or in connection with this Use Variance approval, and
323 after also considering: (i) the probability of each potential impact occurring, including weighing
324 the highly speculative nature of some potential future contingencies and the potential non -highly
325 speculative nature of others; (ii) the duration of each potential impact; (iii) the irreversibility of
326 each potential impact, including a consideration of permanently lost resources of value; (iv)
327 whether each potential impact can or will be controlled or mitigated by permitting, reviews, or
328 other regulatory processes; (v) the regional consequence of the potential impacts; (vi) the potential
329 for each impact to be or become inconsistent with the Town's Master Plan or Comprehensive Plan
330 and local needs and goals; and (vii) whether any known objections to the Project relate to any of
331 the identified potential impacts; the Planning Board found that these factors did not cause any
332 potential negative environmental or related social or resource impact to be or be likely to become
333 a moderate or significant negative impact; and
334
335 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
Page 7 of 15
336 The Town of Lansing ZBA, based upon (i) its thorough review of the FEAF pt. 1, Ecological
337 Memo by applicants engineers (PWGC), Wetland Mitigation Plan by applicants engineers, and all
338 other documents prepared and submitted with respect to this proposed action and its environmental
339 review, (ii) its thorough review of the potential relevant areas of environmental concern of the
340 proposed project to determine if the proposed action may have a significant adverse impact on the
341 environment, including the criteria identified in 6 NYCRR Section 617.7(c), and (iii) its
342 completion of the FEAF, Part 2 and its determination at Part 3, including any findings noted therein
343 (which findings are incorporated herein as if set forth at length), hereby makes a negative
344 determination of environmental significance ("NEGATIVE DECLARATION") in accordance
345 with SEQRA for the above referenced proposed action, and determines that an Environmental
346 Impact Statement will not be required; and it is
347
348 FURTHER RESOLVED; a responsible Officer of the Town of Lansing is hereby authorized and
349 directed to complete and sign, as required, the determination of significance, confirming the
350 foregoing Negative Declaration, which the fully completed and signed FEAF and determination
351 of significance shall be incorporated by reference in these resolutions
352
353 Dated: 11 December 2024
354
355 Motioned by: Mary Stoe
356 Seconded by: Bruce Barber
357
358 VOTE AS FOLLOWS:
359 Bruce Barber (alt.) — Aye
360 Richard Hayes — Nay
361 Mary Stoe — Aye
362 Susan Tabrizi — Aye
363 Roger VandePoel — Aye
364
365
366 RESOLUTION 24-16
367
368 TOWN OF LANSING ZONING BOARD OF APPEALS RESOLUTION
369 USE VARIANCE APPROVAL — DELAWARE RIVER SOLAR
370 LANSING I — TPN 44.4-1.2
371
372 WHEREAS; an application was made by Mollie Messinger, on behalf of NY Lansing I, LLC
373 (Delaware River Solar), for a Use Variance to locate and operate a 5 MW photovoltaic array
374 and associated supporting facility on land located at TPN 44.4-1.2. "NY Lansing I" will consist
375 of approximately 10,000 photovoltaic panels, an access road, utility connections, inverters and
376 all other facilities shown in the drawing set "NY Lansing I, LLC" dated 7/29/2024. The property
377 parcel consists of approximately 24.9 ± acres in the R2 — Residential Moderate Density zoning
378 district which does not permit Solar Energy Facilities. This project proposal also includes a lot
379 line adjustment between NY Lansing I & NY Lansing II, as well as Site Plan Approval for both
380 projects from the Town of Lansing Planning Board; and
381
Page 8 of 15
382 WHEREAS; the a proposed action is not a permitted use in the R2 Residential Moderate Density
383 Zone, and requires a use variance to proceed; and
384
385 WHEREAS; The applicant requested the application for a use variance be considered using the
386 Public Utility variance and review rules established in Consol. Edison of NY, Inc. v. Hoffinan,
387 43 N.Y.2d 598 (1978); and
388
389 WHEREAS; legal notice was published on 28 June 2024 and adjacent property owners within
390 600 linear feet were notified by mail on 28 June 2024, and pursuant to Town Code § 270-27(F)
391 and a public hearing was duly held before the Zoning Board of Appeals upon July 10, 2024. The
392 public was duly allowed to speak upon and address the proposed Use Variance, including the
393 SEQR environmental review thereof,
394
395 WHEREAS; the Town of Lansing Planning Board, the Village of Lansing, NY, the Tompkins
396 County Department of Planning and Sustainability, the Tompkins County Highway Department,
397 NYS DOT and the NYS Department of Environmental Conservation were given the opportunity
398 to comment on the proposed action; and
399
400 WHEREAS; Project plans, and related information, were duly delivered to the Tompkins County
401 Planning and Sustainability Department per General Municipal Law § 239; et seq., and such
402 Department responded in a letter dated September 18th 2024, from Katherine Borgella, Tompkins
403 County Commissioner of Planning, pursuant to §239 -1, -m, and -n of the New York State General
404 Municipal Law made the following recommendations:
405
406 • We recommend that the Town require the applicant to document that any roads, fencing,
407 or solar panels that are proposed within a delineated wetland be constructed so as to
408 maintain the hydrologic function of the wetland. These modifications are recommended
409 to help preserve and protect water quality.
410
411 • We recommend that the Town require the applicant to include mature plantings and
412 native pollinator mix in the Operations and Maintenance Section of their proposal. This
413 modification is recommended to maintain a healthy vegetative screen between the
414 project and the surrounding parcels, all of which are residentially zoned.
415
416
417 In addition to the recommended modifications, we have the following comments on the
418 proposed action:
419
420 • We suggest that the Town closely considers the vision for this area as outlined in its
421 Comprehensive Plan as it makes its decision on this project. As you are aware, the
422 Town's Comprehensive Plan recommends this area be developed as Residential
423 Moderate Density, which is described in the Plan (in part) as "mixed -use but primarily
424 residential ... developed at a density that takes full advantage of existing
425 infrastructure...." The parcel is in the R2 Zoning District, described as "areas where the
426 expected and desired use of land is a mixture of varied types of residential development."
427 In addition, the site also has access to a public water supply.
428
429 • We suggest that the Town request that the developer work with the electric utility
Page 9 of 15
430 company to outline the interconnection plan for this project so that the Town has the
431 opportunity to review and comment on that interconnection prior to it becoming final.
432
433
434 WHEREAS; The Zoning Board of Appeals, on December 11, 2024 issued a Negative Declaration
435 of Significance, pursuant to SEQR; and
436
437 WHEREAS; The Town of Lansing Zoning Board of Appeals, having analyzed the Town of
438 Lansing Zoning Code, and finding it absent of a definition of a Public Utility, relied upon
439 alternative sources of information to analyze the applicant's request, including the Merriam-
440 Webster definition of Public Utility, "a business organization (such as an electric company)
441 performing a public service and subject to special governmental regulation", and the NY Public
442 Service Law Section 2 (13) which defines "electric corporation" as " every corporation,
443 company, association, joint-stock association, partnership and person, their lessees, trustees or
444 receivers appointed by any court whatsoever (other than a railroad or street railroad corporation
445 generating electricity solely for railroad or street railroad purposes or for the use of its tenants
446 and not for sale to others) owning, operating or managing any electric plant or thermal energy
447 network except where electricity or thermal energy is generated or distributed by the producer
448 solely on or through private property for railroad or street railroad purposes or for its own use or
449 the use of its tenants and not for sale to others; or except where electricity is generated by the
450 producer solely from one or more co -generation, small hydro or alternate energy production
451 facilities or distributed solely from one or more of such facilities to users located at or near a
452 project site."
453
454 WHEREAS; The NY Public Service Commission has the authority to regulate and oversee
455 Distributed Energy Resource providers, as found in Case 15-M-0180, Regulation and Oversight
456 of Distributed Energy Resource Providers and Products, Order Establishing Oversight
457 Framework and Uniform Business Practices for Distributed Energy Resource Suppliers (issued
458 October 19, 2017) (DER Oversight Order).
459
460 WHEREAS; Recognizing the unique nature and circumstance of the applicant as a distributed
461 energy resource provider, as well as the above stated facts, the Zoning Board of Appeals has
462 decided to evaluate the use variance application under the Public Utility rules established in
463 Consol. Edison of NY, Inc. v. Hoffman, 43 N.Y.2d 598 (1978); and
464
465 WHEREAS; The Zoning Board of Appeals recognizes that the production of electricity is a
466 necessary and essential service, and is in the public interest; and
467
468 WHEREAS; The applicant has provided compelling evidence, including the evaluation of
469 alternative locations, demonstrating that the proposed location of the distributed energy resource
470 (a.k.a. community solar) is more feasible than the alternatives; and
471
472 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
473
474 That the Zoning Board of Appeals of the Town of Lansing does hereby grant a Use Variance
475 approval for, for a Use Variance to locate and operate a 5 MW photovoltaic array and associated
476 supporting facility on land located at TPN 44.-1-1.2 (Delaware River Solar Lansing 1), in
477 accordance with the plans and information depicted in the plan set titled NY Lansing I, LLC, North
478 Triphammer Road Solar Project 5.0 MW AC, prepared by P.W. Grosser Consulting, dated
Page 10 of 15
479 07/29/2024, as well as all applications, forms and materials, subject to the following conditions:
480
481
482 1. The project will obtain site plan approval from the Town of Lansing Planning Board
483 2. The project will comply with all of the terms and conditions of any permits required by the
484 US Army Corps of Engineers.
485 3. The project will submit a revised Wetland Mitigation Report to include the following
486 mitigation items :
487 a. Efforts shall be made to minimize disturbance to any state or federally regulated
488 wetlands. No unlawful filling, discharges, or material alteration to the functions or
489 values of freshwater wetlands will be performed during construction. Unnecessary
490 removal of vegetation or unnecessary alterations along stream banks or stream
491 bottoms are prohibited. Where necessary, removal / cutting of vegetation in
492 freshwater wetland areas will be done in accordance with guidance from the
493 USFWS / USACOE. Woodchippers will not be used during construction. Side
494 casting will not be performed during construction.
495 b. Where required temporary access in freshwater wetlands will be performed
496 without use of permanent roads. When necessary, crossing of ephemeral relatively
497 non -permanent waterways in wetland areas will be made using temporary timber
498 mats to minimize disturbance or access will be made during a period of deep
499 freeze conditions to minimize disturbance to underlying wetland soils.
500 c. Crossing of perennially flowing relatively permanent waterways in wetland areas
501 will be made using a properly engineered equilibrium culvert meeting or
502 exceeding 1.25 times the stream width in pipe diameter.
503 d. Staging of any construction materials or equipment is prohibited in wetland areas.
504 e. Any wetland disturbance is to be restored with appropriate wetland seed mix in
505 accordance with NYSDOT item 203.01920007 or most current NYSDEC
506 requirements related to wetland restoration. Components of the seed mix may be
507 substituted with the engineer's approval.
508 f. All land clearing shall occur without the use of heavy machinery.
509 g. The racking system will be installed using a small solar farm pile driver machine
510 4. No grading is proposed for this site plan
511 5. The applicant shall provide a construction traffic and material staging plan for the
512 approval of the Planning Board. Such plan will not permit the staging of equipment or
513 materials along Triphammer Road and shall be protective of visual and audial impacts to
514 the bordering residences.
515
516
517
518
519 Dated: December 11, 2024
520
521 Motioned by: Mary Stoe
522 Seconded by: Roger VandePoel
523
524
Page 11 of 15
525 Susan Tabrizi — Aye
526 Richard Hayes — Nay
527 Mary Stoe — Aye
528 Roger VandePoel — Aye
529 Bruce Barcer - Aye
530
531
532 RESOLUTION 24-17
533
534 TOWN OF LANSING ZONING BOARD OF APPEALS RESOLUTION
535 USE VARIANCE APPROVAL — DELAWARE RIVER SOLAR
536 LANSING II — TPN 44.4-3.3
537
538 WHEREAS; an application was made by Mollie Messenger, on behalf of NY Lansing II, LLC
539 (Delaware River Solar), for a Use Variance to locate and operate a 3 MW photovoltaic array
540 and associated supporting facility on land located at TPN 44.-1-3.3. "NY Lansing II" will consist
541 of approximately 6,000 photovoltaic panels, an access road, utility connections, inverters and
542 all other facilities shown in the drawing set "NY Lansing II, LLC" dated 7/29/2024. The
543 property parcel consists of approximately 42.78 +- acres in the R2 — Residential Moderate
544 Density zoning district which does not permit Solar Energy Facilities. This project proposal also
545 includes a Lot Line Adjustment between NY Lansing I & NY Lansing II, as well as Site Plan
546 Approval for both projects from the Town of Lansing Planning Board; and
547
548 WHEREAS; the a proposed action is not a permitted use in the R2 Residential Moderate Density
549 Zone, and requires a use variance to proceed; and
550
551 WHEREAS; The applicant requested the application for a use variance be considered using the
552 Public Utility variance and review rules established in Consol. Edison of NY, Inc. v. Hofftnan,
553 43 N.Y.2d 598 (1978); and
554
555 WHEREAS; legal notice was published on 28 June 2024 and adjacent property owners within
556 600 linear feet were notified by mail on 28 June 2024, and pursuant to Town Code § 270-27(F)
557 and a public hearing was duly held before the Zoning Board of Appeals upon July 10, 2024. The
558 public was duly allowed to speak upon and address the proposed Use Variance, including the
559 SEQR environmental review thereof,
560
561 WHEREAS; the Town of Lansing Planning Board, the Village of Lansing, NY, the Tompkins
562 County Department of Planning and Sustainability, the Tompkins County Highway Department,
563 NYS DOT and the NYS Department of Environmental Conservation were given the opportunity
564 to comment on the proposed action; and
565
566 WHEREAS; Project plans, and related information, were duly delivered to the Tompkins County
567 Planning and Sustainability Department per General Municipal Law § 239; et seq., and such
568 Department responded in a letter dated September 18th 2024, from Katherine Borgella, Tompkins
569 County Commissioner of Planning, pursuant to §239 -1, -m, and -n of the New York State General
570 Municipal Law made the following recommendations:
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571
572 • We recommend that the Town require the applicant to document that any roads, fencing,
573 or solar panels that are proposed within a delineated wetland be constructed so as to
574 maintain the hydrologic function of the wetland. These modifications are recommended
575 to help preserve and protect water quality.
576
577 • We recommend that the Town require the applicant to include mature plantings and
578 native pollinator mix in the Operations and Maintenance Section of their proposal. This
579 modification is recommended to maintain a healthy vegetative screen between the
580 project and the surrounding parcels, all of which are residentially zoned.
581
582
583
584 In addition to the recommended modifications, we have the following comments on the
585 proposed action:
586
587 • We suggest that the Town closely considers the vision for this area as outlined in its
588 Comprehensive Plan as it makes its decision on this project. As you are aware, the
589 Town's Comprehensive Plan recommends this area be developed as Residential
590 Moderate Density, which is described in the Plan (in part) as "mixed -use but primarily
591 residential ... developed at a density that takes full advantage of existing
592 infrastructure...." The parcel is in the R2 Zoning District, described as "areas where the
593 expected and desired use of land is a mixture of varied types of residential development."
594 In addition, the site also has access to a public water supply.
595
596 • We suggest that the Town request that the developer work with the electric utility
597 company to outline the interconnection plan for this project so that the Town has the
598 opportunity to review and comment on that interconnection prior to it becoming final.
599
600
601 WHEREAS; The Zoning Board of Appeals, on December 11, 2024 issued a Negative Declaration
602 of Significance, pursuant to SEQR; and
603
604 WHEREAS; The Town of Lansing Zoning Board of Appeals, having analyzed the Town of
605 Lansing Zoning Code, and finding it absent of a definition of a Public Utility, relied upon
606 alternative sources of information to analyze the applicant's request, including the Merriam-
607 Webster definition of Public Utility, "a business organization (such as an electric company)
608 performing a public service and subject to special governmental regulation", and the NY Public
609 Service Law Section 2 (13) which defines "electric corporation" as " every corporation,
610 company, association, joint-stock association, partnership and person, their lessees, trustees or
611 receivers appointed by any court whatsoever (other than a railroad or street railroad corporation
612 generating electricity solely for railroad or street railroad purposes or for the use of its tenants
613 and not for sale to others) owning, operating or managing any electric plant or thermal energy
614 network except where electricity or thermal energy is generated or distributed by the producer
615 solely on or through private property for railroad or street railroad purposes or for its own use or
616 the use of its tenants and not for sale to others; or except where electricity is generated by the
617 producer solely from one or more co -generation, small hydro or alternate energy production
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618 facilities or distributed solely from one or more of such facilities to users located at or near a
619 project site."
620
621 WHEREAS; The NY Public Service Commission has the authority to regulate and oversee
622 Distributed Energy Resource providers, as found in Case 15-M-0180, Regulation and Oversight
623 of Distributed Energy Resource Providers and Products, Order Establishing Oversight
624 Framework and Uniform Business Practices for Distributed Energy Resource Suppliers (issued
625 October 19, 2017) (DER Oversight Order).
626
627 WHEREAS; Recognizing the unique nature and circumstance of the applicant as a distributed
628 energy resource provider, as well as the above stated facts, the Zoning Board of Appeals has
629 decided to evaluate the use variance application under the Public Utility rules established in
630 Consol. Edison of NY, Inc. v. Hoffman, 43 N.Y.2d 598 (1978); and
631
632 WHEREAS; The Zoning Board of Appeals recognizes that the production of electricity is a
633 necessary and essential service, and is in the public interest; and
634
635 WHEREAS; The applicant has provided compelling evidence, including the evaluation of
636 alternative locations, demonstrating that the proposed location of the distributed energy resource
637 (a.k.a. community solar) is more feasible than the alternatives; and
638
639 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
640
641 That the Zoning Board of Appeals of the Town of Lansing does hereby grant a Use Variance
642 approval for, for a Use Variance to locate and operate a 5 MW photovoltaic array and associated
643 supporting facility on land located at TPN 44.4-1.2 (Delaware River Solar Lansing I), in
644 accordance with the plans and information depicted in the plan set titled NY Lansing I, LLC, North
645 Triphammer Road Solar Project 5.0 MW AC, prepared by P.W. Grosser Consulting, dated
646 07/29/2024, as well as all applications, forms and materials, subject to the following conditions:
647
648
649 6. The project will obtain site plan approval from the Town of Lansing Planning Board
650 7. The project will comply with all of the terms and conditions of any permits required by the
651 US Army Corps of Engineers.
652 8. The project will submit a revised Wetland Mitigation Report to include the following
653 mitigation items :
654 a. Efforts shall be made to minimize disturbance to any state or federally regulated
655 wetlands. No unlawful filling, discharges, or material alteration to the functions or
656 values of freshwater wetlands will be performed during construction. Unnecessary
657 removal of vegetation or unnecessary alterations along stream banks or stream
658 bottoms are prohibited. Where necessary, removal / cutting of vegetation in
659 freshwater wetland areas will be done in accordance with guidance from the
660 USFWS / USACOE. Woodchippers will not be used during construction. Side
661 casting will not be performed during construction.
662 b. Where required temporary access in freshwater wetlands will be performed
663 without use of permanent roads. When necessary, crossing of ephemeral relatively
664 non -permanent waterways in wetland areas will be made using temporary timber
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665 mats to minimize disturbance or access will be made during a period of deep
666 freeze conditions to minimize disturbance to underlying wetland soils.
667 c. Crossing of perennially flowing relatively permanent waterways in wetland areas
668 will be made using a properly engineered equilibrium culvert meeting or
669 exceeding 1.25 times the stream width in pipe diameter.
670 d. Staging of any construction materials or equipment is prohibited in wetland areas.
671 e. Any wetland disturbance is to be restored with appropriate wetland seed mix in
672 accordance with NYSDOT item 203.01920007 or most current NYSDEC
673 requirements related to wetland restoration. Components of the seed mix may be
674 substituted with the engineer's approval.
675 f. All land clearing shall occur without the use of heavy machinery.
676 g. The racking system will be installed using a small solar farm pile driver machine
677 9. No grading is proposed for this site plan
678 10. The applicant shall provide a construction traffic and material staging plan for the
679 approval of the Planning Board. Such plan will not permit the staging of equipment or
680 materials along Triphammer Road and shall be protective of visual and audial impacts to
681 the bordering residences.
682
683
684 Dated: December 11, 2024
685
686 Motioned by: Mary Stoe
687 Seconded by: Roger VandePoel
688
689 Susan Tabrizi — Aye
690 Richard Hayes — Nay
691 Mary Stoe — Aye
692 Roger VandePoel — Aye
693 Bruce Barber - Aye
694
695
696 Susan Tabrizi adjourned the meeting at 7:03 PM
697
698 Minutes taken and executed by Kelly Geiger
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