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HomeMy WebLinkAboutPB Minutes 2023-09-05 TOWN OF ITHACA PLANNING BOARD Shirley A. Raffensperger Board Room, Town Hall 215 North Tioga Street Ithaca, New York 14850 Tuesday, September 5, 2023 7:00 P.M. Members of the public are welcome to attend in-person at Town Hall or virtually via Zoom. The public will have an opportunity to see and hear the meeting live and provide comments in-person or through Zoom at https://us06web.zoom.us/j/83643764382. If the public would like to attend the meeting for viewing purposes only, it is recommended to watch the livestream video on YouTube (https://www.youtube.com/channel/UCC9vycXkJ6klVIibjhCy7NQ/live). AGENDA 1. SEQR Determination: Carrowmoor Large-Scale Community Solar Photovoltaic System, 1358 Mecklenburg Road. 2. PUBLIC HEARING: Consideration of Preliminary Site Plan Approval for the proposed Carrowmoor Large-Scale Community Solar Photovoltaic System project, located at 1358 Mecklenburg Road (NYS Route 79). The project involves installing a 5MWac single-axis sun tracking solar array system on approximately 30-acres of land, along with two inverter/transformer equipment pads, battery energy storage system, new overhead utility (NYSEG) interconnects and poles, an eight-foot-tall perimeter fence, stormwater management facilities, access drive, and other site elements. This is a Type I Action under the State Environmental Quality Review Act and is subject to environmental review. Rancich Family Limited Partnership, Owner; Nexamp Solar, Applicant; Ryan McCune, Agent. 3. Persons to be heard. 4. Nomination and Election of Vice-Chair for the remainder of 2023. 5. Approval of Minutes. 6. Other Business. 7. Adjournment. C.J. Randall Director of Planning 607-273-1747 NOTE: IF ANY MEMBER OF THE PLANNING BOARD IS UNABLE TO ATTEND, PLEASE NOTIFY CHRIS BALESTRA AT 607-273-1747 or CBALESTRA@TOWN.ITHACA.NY.US. (A quorum of four (4) members is necessary to conduct Planning Board business.) Accessing Meeting Materials Online Site Plan and Subdivision applications and associated project materials are accessible electronically on the Town’s website at https://www.town.ithaca.ny.us/meeting-calendar-agendas/ under the calendar meeting date. TOWNOFITHACANEWYORKDEPARTMENTOFPLANNING215N.TiogaSt14850607273.1747www.town.ithaca.nv.usAFFIDAVITOFSERVICEBYMAILANDPOSTING&PUBLICATIONSTATEOFNEWYORK)SS.:COUNTYOFTOMPKINS)I,AbbyHomer,AdministrativeAssistantfortheTownofIthacabeingdulysworn,deposeandsay,thatdeponentisnotapartytotheactions,isover21yearsofagewithaprofessionaladdressof215NorthTiogaStreet,Ithaca,NewYork.Thatonthe29thdayofAugust2023,deponentservedthewithinNoticeuponthepropertyownerswithin500ft.ofthepropertiesandprojectsidentifiedbelowfor:9-5-2023TownofIthacaPlanningBoardConsiderationofPreliminarySitePlanApprovalfortheproposedCarrowmoorLarge-ScaleCommunitySolarPhotovoltaicSystemproject,locatedat1358MecklenburgRoad(NYSRoute79).TheprojectinvolvesinstallingaSMWacsingle-axissuntrackingsolararraysystemonapproximately30-acresofland,alongwithtwoinverter/transformerequipmentpads,batteryenergystoragesystem,newoverheadutility(NYSEG)interconnectsandpoles,aneight-foot-tallperimeterfence,stormwatermanagementfacilities,accessdrive,andothersiteelements.ThisisaTypeIActionundertheStateEnvironmentalQualityReviewActandissubjecttoenvironmentalreview.RancichFamilyLimitedPartnership,Owner;NexampSolar,Applicant;RyanMcCune,Agent.Bydepositingsameenclosedinapostpaidaddressedwrapper,inapostofficeundertheexclusivecareandcustodyoftheUnitedStatesPostOfficeDepartmentwithintheStateofNewYork,andthattheattachednoticehasbeendulypostedonthesignboardoftheTownClerkoftheTownofIthacaonAugust29,2023,andthenoticehasbeendulypublishedintheofficialnewspaper,IthacaJournalonAugust30,2023.________AbbyHomeE[AdministrativeAssistantSworntobeforemeonA4J..jA.A.S3bNQ%ublic,f,2023.ASHLEYCOLBERTNotaryPublic,StateofNewYorkNo.O1C064195SOQualifiedinTompkinsCountyCommissionExpiresJuly12,2025 ithacajournalPublicNoticeOriginallypublishedatithacajournal.comon08)30/2023TOWNOFITHACAPLANNINGBOARDPUBLICHEARINGNOTICEThePlanningBoardwillholdapublichearingonTuesday,September5,2023,startingat7:00P.M.onthefollowingmatter:ConsiderationofPreliminarySitePlanApprovalfortheproposedCarrowmoorLarge-ScaleCommunitySolarPhotovoltaicSystemproject,locatedat1358MecklenburgRoad(NYSRoute79).TheprojectinvolvesinstallingaSMWacsingle-axissuntrackingsolararraysystemonapproximately30-acresofland,alongwithtwoinverter/transformerequipmentpads,batteryenergystoragesystem,newoverheadutility(NYSEG)interconnectsandpoles,aneight-foot-tallperimeterfence,stormwatermanagementfacilities,accessdrive,andothersiteelements.ThisisaTypeIActionundertheStateEnvironmentalQualityReviewActandissubjecttoenvironmentalreview.RancichFamilyLimitedPartnership,Owner;NexampSolar,Applicant;RyanMcCune,Agent.Membersofthepublicarewelcometoattendin-personatTownHallorvirtuallyviaZoom.Thepublicwillhaveanopportunitytoseeandhearthemeetingliveandprovidecommentsin-personorthroughZoomathttps://us06web.zoom.us/j/83643764382.Ifthepublicwouldliketoattendthemeetingforviewingpurposesonly,itisrecommendedtowatchthelivestreanivideoonYoutube(https://www.youtube.com/channel/UCC9vycXkJ6kIVIibjhCy7NQ/live).Anypersonwishingtoaddresstheboardwillbeheard.Inaddition,commentscanbesentviaemailtotownclerk©town.ithaca.ny.usuptotheendofbusinessthedayofthemeetingandallcommentswillbeforwardedtotheboard.Additionalinformationisavailableatwww.town.ithaca.ny.us.C.J.Randall,DirectorofPlanning8/30/2023 PB 2023-09-05 (Filed 10/16) Pg. 1 TOWN OF ITHACA PLANNING BOARD September 5, 2023 Minutes Present: Fred Wilcox, Chair: Members Ariel Casper, Caitlin Cameron, Kelda McGurk, Bill Arms and Liz Bageant Absent: Cindy Kaufman CJ Randall, Dir. and Chris Balestra, Planning; Susan Brock, Attorney for the Town; David O’Shea, Engineering and Paulette Rosa, Town Clerk. Marty Moseley, Dir. Code Enforcement Mr. Wilcox opened the meeting at 7:00p.m. Ms. Cameron noted for the record that she is a resident and shareholder at EcoVillage near the proposed Carrowmoor solar project, but she does not have any financial interests or direct dealings with the solar company or the property owner and therefore felt that she did not have a conflict of interest regarding the project. The Board and Counsel concurred. Item 1. Consideration of Preliminary Site Plan Approval for the proposed Carrowmoor Large-Scale Community Solar Photovoltaic System project, located at 1358 Mecklenburg Road (NYS Route 79). The project involves installing a 5MWac single-axis sun tracking solar array system on approximately 30-acres of land, along with two inverter/transformer equipment pads, battery energy storage system, new overhead utility (NYSEG) interconnects and poles, an eight-foot-tall perimeter fence, stormwater management facilities, access drive, and other site elements. This is a Type I Action under the State Environmental Quality Review Act and is subject to environmental review. Rancich Family Limited Partnership, Owner; Nexamp Solar, Applicant; Ryan McCune, Agent. Overview Mr. McCune went through a brief presentation. Board Comments Ms. Cameron asked how much acreage was going to be leased because it says “TBD.” Mr. McCune stated that the lease covers the full property right now, but the owner wants all property within any setback and within 100 feet of any setback. Ms. Cameron asked about construction traffic impacts and asked the applicant if they anticipate any impacts. Mr. McCune stated that he does not have the DOT numbers at hand, but the initial traffic will be approximately 10-12 truckloads of stone for the access road followed by approximately 40 trucks throughout the rest of the entire project. Mr. Wilcox asked about Mr. Rancich’s gravel company and Ms. Balestra responded that it is not active and the historical approval for its operation has expired. PB 2023-09-05 (Filed 10/16) Pg. 2 Mr. Wilcox asked why there are blacked-out sections of the NYSEG contract. Mr. McCune responded that it is to protect trade secrets. Mr. McCune asked about the address change and which access point that refers to. Mr. Moseley explained that it would apply to the site and both access points. Ms. McGurk asked about the wetland designations and official notification from NYS that the project doesn’t affect them. Mr. McCune explained that NYS Army Corps of Engineers are significantly backed up and they commented that the material we provided seems to show that the project is not near any wetlands, but official notice will be sent when they get to it. He said if it is determined somehow that there is a wetland, we will address it then. He added that the letter is not needed to proceed technically and that current Corps guidelines do not consider solar racking a permanent disturbance and the back log is due to a recent Supreme Court ruling saying that wetlands need to have a visible surface connection to an active waterway to be federally designated but as of right now, we are confident we are compliant. Ms. Cameron asked about the additional viewshed study and why the 2nd floor of the property at EcoVillage was used and not the 4th story. Mr. McCune responded that he is not sure, but, generally, that building is well over 1,400 feet southeast of the array and with the study using no vegetative buffer showed there will be no impact on a building that far away at that topography and no impact for structures closer than that building. Ms. Cameron stated that she was satisfied with the answer. SEQR Determination Changes were made to the SEQR form to note the acreage site which is approximately 93 acres currently under lease; the legal name of the project to Large Scale Solar Energy System; and remove reference to SUP Special Use Permit. Part 3 add notation that the project site is fallow and add residences to nearby uses; add “fossil fuel generated” before electricity… that is produced “and needs to be moved”….; Under consistency of community character – add a paragraph that states that it is consistent with Town’s Comprehensive Plan and resolutions adopting the Green New Deal. Public Comments Mr. Wilcox invited public comment prior to the SEQR determination and not as part of the required public hearing which will be held after the SEQR determination. PB 2023-09-05 (Filed 10/16) Pg. 3 Jason Tennant, spoke saying that he owns the property to the west and that although they are conservationist and support green energy, they have concerns about the design. He felt it was designed for future expansion, with the lease running for the entire property and he suggested encouraging a conservation easement to protect the rest of the property, adding that West Hill is the last quality viewshed for the Town. He said he was concerned about the setbacks as the array seems to run close to adjoining properties which currently have between 90’ feet to 120’ feet and more in terms of setbacks. Mr. Tennant was also concerned about the inverters on the site being closer to the property lines and thought it would be better to have them at the furthest point of the project because of concerns about noise, as well as fire hazards or leakage in the case of a catastrophic event. Brent Katzman, spoke, saying he lives across the road from the site and he was hoping some questions would be answered in the course of this request; specifically, it appears as though the area south of the array, between the array and the tower, is remaining unbuilt upon and he asked if that would remain the case or active farmland as it is currently used. He was also curious whether the vegetative buffer being proposed was to mitigate aesthetics or glare as he is concerned about preserving the viewshed the Town’s Conservation Board has sought to protect for many years. He asked if the NYSEG lines would be underground because they should be. He spoke to the SEQR discussion, saying that this project is not going to reduce reliance on fossil fuels, but it is going to increase the amount of energy available from renewable sources. Lastly, Mr. Katzman stated that last winter this property was used as a resting place for the migrating geese and a feeding area, and he has become enamored with this brief visit of 2-3 weeks by the geese. John Littlefield, spoke, saying he was concerned that the full property would become one huge solar array and asked how far back the array would be set. Discussion Mr. Wilcox asked the applicant to respond to the concerns regarding future expansion. Mr. McCune stated that Town Law and NYS and NYSEG have limitations to any expansion, and at this juncture and this region of the State, it isn’t feasible; the hard cap limits would not allow expansion. A second project is another question, but we cannot expand on the current project. Mr. Wilcox asked what the useful life of the solar array panels is. PB 2023-09-05 (Filed 10/16) Pg. 4 Mr. McCune responded that the warrantied life is 25 years, but they are expected to function much longer than that. The financial backing is standard at 40 years, and the Town requires a bond as surety for any decommissioning. Mr. Wilcox asked about fire concerns raised. Mr. Moseley responded that the Governor has started a task force to look in to addressing those concerns. That said, the fire plan should be sent to and signed by the Fire Department. Mr. McCune stated that they have had conversations with the Fire Department and Chief Covert, but they have not received anything official one way or another back from them. Mohamed Kassamali, Nexamp Safety Officer, responded that NYS in general is the most stringent code out there. The emergency response and our plan is not meant to be stagnant and will change with improvements and input from the Town and/or the Fire Chief. Nexamp is responsible for and manages the project and the assets produced. It is our responsibility, and therefore it behooves us, to be as safe as possible. We train local fire personnel and will do additional training at their request. He said that the fires that have happened recently were during the installation phase. The energy storage will be monitored and can be shut down at the first sign of an issue. Ms. Cameron asked why the generators are being placed near residences and the sound level. Mr. McCune responded that the generators run at 60 decibels and only run during transfers. The sound resembles a large industrial dryer at a distance of 5 meters away. Mr. McCune added that the main driver to the placement is being as close to the main access for emergency purposes and/or maintenance. The back of the property has some wetlands and some topographical concerns. The placement was moved to the farthest point of the level land area available without disturbing more land. Mr. Wilcox asked about the vacant land that is farmed. Mr. McCune responded that Mr. Rancich did want the array set as far back from that portion as possible to be able to continue use of that land, but he is not sure. Mr. Wilcox asked about the viewshed concerns. Mr. McCune stated that the trees are at the edge for mitigating visual impacts. If we push them back 400 feet, we are splitting the farm land; if we put them at the fence, the screening is not as good. Ms. Cameron asked what the requirements in the law are about screening and the law was reviewed. PB 2023-09-05 (Filed 10/16) Pg. 5 Mr. Wilcox asked if the connector line is underground. Mr. McCune responded that it is, as that is best practice, and it is also required by the Town law. Discussion on the distances from the road and residences to the array. Discussion followed on the placement of the proposed screening, which as proposed may impact the scenic viewshed, but there are setback requirements to consider. Changing the placement of that buffer as proposed may preserve the viewshed better. Mr. McCune said the distance from the road to the panels is about 900’ feet with the distance to the Littlefield house at about 850’ feet and the back of his lot is about 50’ feet from the array’s fence line. The inverter is just under 500’ feet from the closest property line, then add the home. The Board agreed that the vegetative buffer/screening should be relocated to as close to the fence line as possible along Mecklenburg Rd and the best location to screen the nearby residences as well as the type of plantings used. Ms. Brock will draft wording for the resolution and the SEQR form was changed to reflect changes to references to where the buffering vegetation/trees are. Ms. Cameron asked about the snow geese. Mr. McCune said they could consult with Fish and Game again, but they gave us a letter of no concerns. There are other parcels for them to rest and when the project is finished, there will be remaining land for them to continue to use. Changes were made to the SEQR form to reflect the above discussions. PB RESOLUTION 2023 - 024: SEQR Preliminary Site Plan Approval Carrowmoor Large-Scale Solar Energy System Tax Parcel No. 27.-1-15.2 Mecklenburg Road Town of Ithaca Planning Board, September 5, 2023 WHEREAS: 1. This action involves consideration of Preliminary Site Plan Approval for the proposed Carrowmoor large-scale community solar photovoltaic system project, located at 1358 Mecklenburg Road. The project involves installing a 5MWac single-axis sun tracking solar array system on approximately 30-acres of land, along with two inverter/transformer equipment pads, battery energy storage, new overhead utility (NYSEG) interconnects and poles, an eight-foot-tall perimeter fence, stormwater management facilities, access drive, and other site elements. Rancich Family Limited Partnership, Owner; Nexamp Solar, Applicant; Ryan McCune, Agent; PB 2023-09-05 (Filed 10/16) Pg. 6 2. This is a Type I Action pursuant to State Environmental Quality Review Act, 6 NYCRR Part 617 (617.4 (b) (6) (i) & (8)), because the project involves the physical alteration of more than 10 acres, and includes a nonagricultural use occurring wholly or partially within an agricultural district (certified pursuant to Agriculture and Markets Law, article 25-AA, sections 303 and 304); 3. At its meeting on June 20, 2023, the Planning Board proposed to establish itself as Lead Agency to coordinate the environmental review of the above-referenced proposal, and on June 21, 2023, notified potential Involved and Interested Agencies of its intent to serve as Lead Agency; 4. The Planning Board, on September 5, 2023, has reviewed and accepted as adequate a Full Environmental Assessment Form Part 1, submitted by the applicant, Parts 2 and 3, prepared by Town Planning staff, an application narrative titled “Project Overview and Narrative, Carrowmoor Solar, Mecklenburg Road, Town of Ithaca, NY,” a set of drawings titled “Carrowmoor Solar, 1340 Mecklenburg Road, Ithaca, NY,” prepared by LaBella, dated 06/27/23 and most recently updated 08/09/23, including sheets C001, C002, C101-102, C201-C203, C301-302, C501-504, a Decommissioning Plan, a Glint and Glare Study, an Operations and Maintenance Plan, and other application materials; and 5. The Town Planning staff has recommended a negative determination of environmental significance with respect to the proposal; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board, having received no objections from other Involved Agencies, establishes itself as Lead Agency to coordinate the environmental review of the above- described proposal; AND BE IT FURTHER RESOLVED: That the Town of Ithaca Planning Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review for the above referenced proposal, based on the information in the EAF Part 1 and for the reasons set forth in the EAF Parts 2 and 3, and, therefore, a Draft Environmental Impact Statement will not be required. Moved: Ariel Casper Seconded: Bill Arms Vote: ayes – Casper, Arms, McGurk, Wilcox, Bageant and Cameron Public Hearing Mr. Wilcox opened the public hearing at 8:48 p.m. Mr. Littlefield spoke again urging a conservation easement. PB 2023-09-05 (Filed 10/16) Pg. 7 Mr. Wilcox asked why he felt this was important given the restrictions that have been expressed. Mr. Littlefield responded that a conservation easement would protect the property from being developed any further and he doesn’t like the loss of farm land even for green energy. Mr. Wilcox closed the public hearing at 8:52 p.m. DETERMINATION Mr. Wilcox noted that requiring a conservation easement is not in the Planning Board’s purview. Ms. Cameron spoke, saying that in response to the comment regarding agricultural uses, she thought the array does not preclude that and there is remaining acreage available for that. Changes were made to the draft resolution to reflect the Board’s discussion on the placement and species of the vegetation/buffer. PB RESOLUTION 2023 - 025: Preliminary Site Plan Approval Carrowmoor Large-Scale Solar Energy System Tax Parcel No. 27.-1-15.2 1358 Mecklenburg Road WHEREAS: 1. This action involves consideration of Preliminary Site Plan Approval for the proposed Carrowmoor large-scale community solar photovoltaic system project, located at 1358 Mecklenburg Road. The project involves installing a 5MWac single-axis sun tracking solar array system on approximately 30-acres of land, along with two inverter/transformer equipment pads, solar energy battery storage, new overhead utility (NYSEG) interconnects and poles, an eight-foot-tall perimeter fence, stormwater management facilities, access drive, and other site elements. Rancich Family Limited Partnership, Owner; Nexamp Solar, Applicant; Ryan McCune, Agent; 2. This is a Type I Action for which the Town of Ithaca Planning Board, acting as lead agency in coordinating the environmental review with respect to this project, has on September 5, 2023, made a negative determination of environmental significance, after having reviewed and accepted as adequate a Full Environmental Assessment Form Part 1, submitted by the applicant, Parts 2 and 3, prepared by Town Planning staff, and other application materials; and 3. The Planning Board, at a public hearing held on September 5, 2023, has reviewed and accepted as adequate an application narrative titled “Project Overview and Narrative, Carrowmoor Solar, Mecklenburg Road, Town of Ithaca, NY,” a set of drawings titled “Carrowmoor Solar, 1340 Mecklenburg Road, Ithaca, NY,” prepared by LaBella, dated 06/27/23 and most recently updated 08/09/23, including sheets C001, C002, C101-102, PB 2023-09-05 (Filed 10/16) Pg. 8 C201-C203, C301-302, C501-504, a Decommissioning Plan, a Glint and Glare Study, an Operations and Maintenance Plan, and other application materials; NOW THEREFORE BE IT RESOLVED: That the Town of Ithaca Planning Board hereby grants Preliminary Site Plan Approval for the proposed Carrowmoor Solar project, located at 1358 Mecklenburg Road, as described in the materials listed in Whereas #3 above, subject to the following conditions: Before final site plan approval: 1. Submission to the Town of Ithaca Engineering Department of the additional details related to the Stormwater Pollution Prevention Plan (SWPPP) noted in the memo written to Ryan McCune, Nexamp, from Daniel Thaete and David O’Shea, dated July 18, 2023; and approval of the SWPPP by the Town Engineer, 2. Revision of all drawings to include the correct address for the property - 1358 Mecklenburg Road, and revision of the following drawings to include: (a) The correct height of the proposed fence (Sheet C201 indicates that it is 7ft tall, all other materials state that it is 8ft tall), (b) A revised screening/planting plan that: i. relocates all screening along Mecklenburg Road to near the southern fence line of the arrays, except screening shall remain along Mecklenburg Road to screen facilities at the point of interconnection, ii. extends screening from the north-south tree line behind the Bem/Littlefield properties, east to the north-south tree line east of the arrays, and iii. specifies more than one type of deer resistant, native species that provide year-round screening and are a minimum of six feet tall at planting, (c) Notes on Sheets C201, C202, C301, C302, and the construction detail sheets to reference invasive species control methods, including cleaning all equipment before leaving the project site, 3. Submission of a revised Decommissioning Plan (and any other related plans) that removes all references to chain-link fencing – Town Code, §270-219.1, prohibits such fencing except around the energy storage enclosure (may be chain-link, max. 7ft tall, with self-locking gate), 4. Submission of lighting specification and cut sheets for all proposed outdoor lighting associated with the project (including lights proposed for utility poles indicated on the plans) – all proposed lighting shall conform to Town Code Chapter 173, Outdoor Lighting, Beforeissuanceofabuildingpermit:1.SubmissiontothePlanningDepartmentofaJurisdictionalDeterminationletterissuedbytheArmyCorpsofEngineers(ACOE)thatconfirmsthattheACOEconcursthattheprojectwillnotimpactanywetiands,2.SubmissiontothePlairningDepartmentofacopyofNYSDOTHighwayworkpeniit,3.Schedulingofapre-constructionmeetingwiththeTownEngineering,Planning,andCodesDepartments,and4.ApprovaloftheDecommissioningPlanandBondbytheAttorneyfortheTownandtheEngineeringDepartment.Moved:ArielCasperSeconded:BillArmsVote:ayes—Casper,Anus.McGurk,Wilcox,BageantandCameronItem2Personstobeheard--NoneItem3NominationandElectionofVice-Chairfortheremainderof2023MotionmadebyMr.Arms,secondedbyMr.Wilcox,tonominateandelectArielCasperasViceChairfortheremainderof2023,unanimous.ApprovalofMinutesMotionmadebyMr.WilcoxtoapprovetheminutesofJune20thandJuly18thasfinal,secondedbyMs.Bageant,unanimousOtherBusinessSeptemberl9”ComfortInnandICadditionOtherprojectsinthequeue.MotiontoadjournmadebyMr.Casper,secondedbyMr.Wilcox,unanimous.TownClerkPB2023-09-05(Filed10/16)Pg.9