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HomeMy WebLinkAbout2021-02-23 PB Minutes FinalPage 1 of 8 TOWN OF CORTLANDVILLE PLANNING BOARD Minutes of Regular Meeting Via Zoom - Tuesday, 23 February 2021 – 6:30 PM Town Hall Address: 3577 Terrace Road – Cortland, NY 13045 Board Members (*absent) Others Present Christopher Newell, Chairman Bruce Weber, P/Z Officer/Host Nicholas Renzi Joan E. Fitch, Board Secretary Laird Updyke John DelVecchio, Town Attorney Nasrin Parvizi Patrick Snyder, Special Counsel Ann Hotchkin Applicants & Public Present David Spotts for SSC Cortlandville II & III, Applicant; Glenn Reisweber for Paula Cowling, Cheri Lunas, Robert Martin, Peter Morse-Ackley, K. Wickwire, William Nichols, Andrea Rankin, F. Earl, P. O’Mara, J. Bryant, M. Barlow, D. Quinlan, L. Hill III, J. Nichols, J. Finamore, B. Purtell, S. Scott, R. Neiderman, C. Lee. A. Stupke, J. Switzer, M. Sweeney, R. Scott, S. Martin, T. MxHale, H & KJ Alnutt, D. Zamelis, B. Van Loon, V. Bellardini, A. Albro, JO, D. Jones, K. Pace. J. Mendelsohn, C. Spencer, D. Stone, J. Reagan, J. France, M. Dundon, P. & C. Perfetti, M. Skodzinsky, M. Stokoe, D. Gapkski. P UBLIC H EARING SSC Cortlandville II LLC, Applicant/Reputed Owner – 4242 Bell Crest Drive AND SSC Cortlandville III LLC - 4240 Bell Crest Drive - TM #86.00-02-01.100 – Conditional Permits & Aquifer Protection District Special Permits – Proposed Solar Projects The Public Hearing was opened at 6:30 p.m. by Chairman Chris Newell; the Board Secretary read aloud the Legal Notice as published in the Cortland Standard on 8 February 2021, as follows: NOTICE IS HEREBY GIVEN that the Town of Cortlandville Planning Board will hold a Public Hearing on Tuesday, February 23, 2021 at 6:30 p.m. regarding the Conditional Permit application of SSC Cortlandville II & III, LLC, located south of Blue Creek Road and west of Ridgeview Avenue, Tax Map #86.00-02-01.100, to construct a solar array as per Chapter 178 Section 178-74 C (2). Chris Newell, Chairperson Cortlandville Planning Board Chairman Newell recognized David Spotts, representing the applicant, who spoke to all present explaining the proposed projects. First, he described that the planned project is an approved use in conformance with the Farmland Protection Plan. He displayed fifteen pages of the submittal on the screen for everyone to see, and reviewed the design since its origination. Reference is made to previous Minutes of this Board for details. He noted that the current proposal for the array is less visible, down by 20%. Computer-generated photos showed the first proposal, followed by what is now being proposed visually, including use of a 600-foot long tree buffer between the project and Ridgeview Avenue. Drones will be used for erosion control. Mr. Spotts stated the projects were in compliance with the “Town bylaws.” It is also a revenue generator and a job creator. He then described the process they have gone through with the Town so far. They heard the complaints: too large, too visible. Therefore, they revised their design as displayed. Eighty percent of the visual impact has been eliminated, he said. They have offered to plant a visual buffer along the back of the Ridgeview properties, thus buffering trees with trees. The project will not be seen, will not be seen from Cosmos Hill, will not be seen from Blue Creek Road. Mr. Spotts then reviewed what the project is not: It is not visible, as already described. It is not a risk to further stormwater control issues. It is not a risk for further erosion control issues. It is not a (T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 23 February 2021 Page 2 of 8 detriment to agricultural resources or to the community as it will not be visible. It is not a risk to rare plants or animals. In conclusion, Mr. Spotts requested a Negative Declaration under SEQRA and Site Plan approval. Letters and testimony from experts, he stated, have been submitted to show that there’s no basis for significant impact. Chairman Newell then called on those who had asked to speak on this matter, as follows: Brittany Van Loon – Lives on Rosewood Avenue in the City of Cortland. Not very far from this “industrial-sized solar project.” Completely object to these projects as they are so close to where they are raising their family. There are many ramifications that could be imposed to our environment and to the resale value of our property. Lived here eight years; neighborhood is wonderful place to raise a family. It’s quiet, close to wildlife. This project would not improve our quality of life and be a detriment to my family and to neighbors as well. Character of community forever changed for the worst. Douglas Zamelis – Represents concerned citizens of Cortlandville. Has submitted correspondence on their behalf. It is the applicant’s burden to establish if it’s entitled to approval. According to the Cortland County Supreme Court the subject property is currently in foreclosure and will be sold at public auction on March 25; it’s not clear if applicant will have ability to continue. Applications should be tabled until after this determination is made. As a Type I Action under SEQRA, only the presumption that it’s likely to have a significant adverse impact on the environment need be made. If the Board finds that any one of the adverse impacts may be significant, then a Positive Declaration is required. The Cortland County Planning Board issued its resolution with nineteen recommendations which this Board must adhere to unless there’s a supermajority vote; none of these recommendations have been addressed or fully complied with, he continued. Applications are incomplete. What about the subdivision? What about onsite power storage and batteries? They present a recognized risk of explosion and fire and are incompatible with this residential neighborhood. We vehemently object to any battery storage facilities in our residential neighborhood. Please issue a Positive Declaration and ultimately deny the requested permits. Town Attorney John DelVecchio – Reminded everyone that they are here regarding a public hearing on the issue of SEQRA. Technically speaking, any comments that the Board considers in conjunction with this public hearing should be considered on issues related to SEQRA and SEQRA only, he stated. Michael Dundon – Labor representative? Asked for Negative Declaration; project would support local labor. It’s time to put local people to work on this project. Cheri Lunas – Has obtained 260-signature petition in opposition to these solar arrays. Had no SEQRA-related comments. Town Attorney John DelVecchio – Reminded everyone of reason for public hearing. Patrick Perfetti – Local attorney and Ridgeview Avenue resident. Legal notice says nothing about the State Environmental Quality Review Act. Applicant is incorrect about visibility. Photos shown were taken from ground level and from some distance from project site. Invited Board members to his home to observe that site is not flat and is elevated, continuing upward from his residence. Some other neighbors will also be residing above the site. There are considerable elevation elements that are not being considered here. Batteries are required for onsite storage; this would be a fire hazard. Life of proposed solar array project is some 20 years; there’s no guarantee that Summit Solar will even be in existence then, so what does remediation mean? Remediation often exceeds the value of the land. This should be taken into consideration. (T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 23 February 2021 Page 3 of 8 Paula Cowling – Public notice did not say the hearing was for SEQRA only. Does not support this project and is an environmentalist. She supports solar power, but this is a solar factory in our back yard. It’s unfair. Asked Mr. Spotts to provide her with information on a solar project in a residential neighborhood, and it never happened. Breaks my heart about jobs. Stewardship of this land is in jeopardy. Jim Nichols – Recent check of Syracuse Diocese shows no agreement with what Mr. Stevens and Mr. Hill have done with flooding of cemetery; this has not been resolved and could be in litigation as to who is paying for what. Refreshed Board’s memories of water issues here and in City of Cortland. Check areas that have flooded: Walmart, Water Works, Polkville along Route 11, Kellogg Road, and others. Water in this Cortlandville corridor is a major problem. Thousands of solar panels are not going to help the problem. Pam Jenkins – Subject land should continue to be reserved for residential use. Do not want leap-frog development. Property within 2.6 miles of the County airport, and believes that a drone cannot be used on the site less than five miles away. There’s a danger of explosions and fire because of the storage batteries. No comprehensive visual assessment has been provided from the properties looking down upon the solar installation; trees cannot screen this. Please give this a Positive Declaration. Peter Morse-Ackley – Concerned about how info gets limited. Commercial development should not be happening outside of a commercial area. This program does not fit with where it’s supposed to be. A good investigation will show that it does not belong. Curtis Nichols – Civil Engineer of Record for the project. Appreciates everyone’s concern regarding this project. Design of site complies with all NYSDEC requirements, and there will be additional lowering of some of the slopes as well as runoff control. Every mitigation procedure has been followed. Carol Perfetti – Has two teenagers and there is no way she wants them exposed to any type of cadmium or lithium batteries of anything of this sort in their back yard. We are entitled to the quiet enjoyment of our property. If Mr. Hill is even remotely involved in this property, he can’t even put his lawnmower away for the winter; it’s sitting in his side yard covered with snow. David Jones – Concurred with Patrick Perfetti. Project will change character of neighborhood. Dismantling items of site will be available for sale. Unless removed offsite, they will sit there forever. Sorry about loss of jobs. Jim Nichols – City Council supports this neighborhood in opposing the subject project. They are not in favor of this land becoming a “solar manufacturing center.” Patrick Perfetti – Agrees with Mr. Jones. Idea that they could be sued is absurd as Mr. Spotts claims to try to bolster support for this project of which he stands to benefit financially. With everyone being heard who wished to be heard, Chairman Newell closed the Public Hearing at 7:22 p.m. (T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 23 February 2021 Page 4 of 8 REGULAR M EETING The Regular Meeting of the Town of Cortlandville Planning Board was called to order at 7:22 p.m. by Chairman Chris Newell. APPROVAL OF MINUTES – 26 JANUARY 2021 A motion was made by Member Nick Renzi to approve the Town Planning Board Minutes of 26 January 2021, as submitted. The motion was seconded by Member Ann Hotchkin, with the vote recorded as follows: Ayes: Chairman Newell Nays: None Member Renzi Member Parvizi Member Updyke Member Hotchkin Motion carried. This becomes Action #6 of 2021. OLD BUSINESS McLean Solar 1 LLC, Applicant/Farm East LLC, Reputed Owner – 415 McLean Road – TM #95.00-01-33.1 – Proposed Solar Project Chairman Newell stated that the Board has received the Scoping document. Special Counsel Patrick Snyder reviewed the actions taken to date with regard to this project. He advised that it is now incumbent upon this Board to take the scoping document and consider the public comments, the SEQRA regulations, etc., and then adopt a Final Scope for the next meeting. Chairman Newell then asked the Board members to work on Part 3 of SEQRA and the scoping document, all to be reviewed at the 30 March 2021 meeting of this Board. He also recognized Mark Sweeney, attorney for the applicant, who asked that the Board “facilitate the discussion at your next meeting.” Any comments he would like provided a few days in advance. The Board agreed. Member Renzi stated he had gone through Part 2, separating the different impacts and arriving at those where the Board has to come up with their rationale as to how they arrived at those conclusions, and he offered to send them out to the members for their use as a guide. No Action Taken. SSC Cortlandville II LLC, Applicant/Reputed Owner – 4242 Bell Crest Drive AND SSC Cortlandville III LLC - 4240 Bell Crest Drive - TM #86.00-02-01.100 – Conditional Permits & Aquifer Protection District Special Permits – Proposed Solar Projects (Reference is made to previous Minutes for additional details.) Chairman Newell stated that Board members had reviewed Part 2 of the SEQRA for these projects and had arrived at their answers to all the areas that had a moderate to large impact. These have been put together and summarized for the record. 117 tin 3 1 221 (T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 23 February 2021 A motion was then made by Member Renzi that the Town Planning Board's document, "Full Environmental Assessment Form Part 3 Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance," dated 23 February 2021, is accepted for the record. The motion was seconded by Member Hotchkin, with the vote recorded as follows: Ayes: Chairman Newell Nays: None Member Renzi Member Parvizi Member Updyke Member Hotchkin Motion carried. This becomes Action #7 of 2021. Member Renzi complimented everyone for their hard work on these projects. PZO Weber asked the Chairman to submit this document to him for posting. Town Attorney DelVecchio then clarified that what this Board has done is adopted the document in analyzing Part 2 of SEQRA and making its reasoning for Part 3. A motion was then made by Member Renzi that, based on the information and analysis of the SEQR concerning these proposed solar projects, the Town of Cortlandville Planning Board has determined that the proposed actions will result in one or more significant adverse impacts on the environment, resulting in a Positive Declaration. The motion was seconded by Member Hotchkin, with the vote recorded as follows: Ayes: Chairman Newell Nays: None Member Renzi Member Parvizi Member Up dyke Member Hotchkin Motion carried. This becomes Action #8 of 2021. Chairman Newell then recognized David Spotts, representing the applicant/owner, who stated for the sake of clarity that there are no batteries being stored on this project; there's no fire risk as a result of batteries, and we are not proposing batteries on this project. NEW BUSINESS 00-0 l- ill I l `11-1(k ("not IS.00-04-04.000 Daniel & Linda Quinlan, Applicants/Reputed Owners - 4465 Sweeney Road - TM #To Be Determined - Subdivision of Land Chairman Newell recognized Dan Quinlan who explained that he was seeking approval to subdivide this 156±-acre parcel as shown on the aerial photos accompanying the application. He and his wife plan to build a house here. PZO Weber saw no problem with what was being requested. After a very brief discussion, a motion was made by Member Parvizi to approve the subdivision of land as requested. The motion was seconded by Member Updyke, with the vote recorded as follows: Ayes: Chairman Newell Nays: None Member Renzi Member Parvizi Member Updyke Member Hotchkin Motion carried. This becomes Action #9 of 2021. Page 5 of 8 (T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 23 February 2021 Page 6 of 8 Marvin Logistics, LLC, Applicant/Raceway Holdings, LLC, Reputed Owner – 3747 US Route 11 – TM #97.02-01-06.000 – Conditional Permit Chairman Newell recognized Dick Stone who explained that he was seeking a Conditional Permit to use the subject property, former parking lot, as a pick up and drop off point for trailers. When a trailer is dropped off, he said, another is picked up. There will be no more than four trailers there per day. Two of his drivers live in the Cortland area. A complete narrative of what is being proposed accompanied the application. PZO Weber advised that this is an allowed use, subject to a Conditional Permit. At the close of a brief discussion, a motion was made by Member Hotchkin to approve the Conditional Permit for the proposed Trailer Drop-Off/Pick-Up Yard, as requested. The motion was seconded by Member Updyke, with the vote recorded as follows: Ayes: Chairman Newell Nays: None Member Renzi Member Parvizi Member Updyke Member Hotchkin Motion carried. This becomes Action #10 of 2021. Lime Hollow Nature Center, Inc., Applicant/Reputed Owner – 3277 Gracie Road – TM #105.05- 01-12.110 – Conditional Permit & Aquifer Protection District Special Permit – Proposed Renovation Chairman Newell recognized Glenn Reisweber who explained that the Center was seeking these two permits to upgrade an existing pole barn on the subject property to classroom and workshop space, all as shown on the documentation accompanying the application. The estimated cost of the project, he stated, was $220,000. There will be no change to the existing parking, and the proposed site is off Gracie Road and is somewhat obscured from view. At the completion of the discussion, a motion was made by Member Renzi to send the applications for the proposed renovation of the existing barn to the Cortland County Planning Board for their review. The motion was seconded by Member Hotchkin with the vote recorded as follows: Ayes: Chairman Newell Nays: None Member Renzi Member Parvizi Member Updyke Member Hotchkin Motion carried. This becomes Action #11 of 2021. Mark Skodzinsky, Applicant/Ithacor Management Inc., Reputed Owner – 1033 McLean Road – TM #96.09-01-25.100 – Conditional Permit – Proposed Office Space Chairman Newell recognized the applicant who explained that he was seeking a Conditional Permit to use part of the subject building for a property management business as described in the narratives accompanying the application. Parking will be as shown on the plan. PZO Weber also stated that maintenance for the stormwater plan needs to be considered, and Mr. Skodzinsky is working with County Soil and Water on this. Member Renzi thought that the 17 parking spaces shown would be more than sufficient for the existing offices in this building; however, he asked if any of the spots were (T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 23 February 2021 Page 7 of 8 for handicapped parking. The applicant stated they could do this and indicated where they could be placed as “the first two in the back and one in the front, near the doors.” Member Renzi informed him that the 10 ft. by 20 ft. parking spaces should be lined. The applicant stated his business would require four spaces maximum, and the new tenant will need five. Member Renzi also advised the applicant that there should be a good location onsite for piling of snow. Signage was discussed, and PZO Weber advised he should contact Desiree Campbell regarding this. He also said he planned to add parking lights on timers for safety, mounted on the building. Member Hotchkin asked Mr. Skodzinsky if he had considered adding sidewalks along his property, and he stated there was a sidewalk there and described its location. He does not own “Grand Rental.” At the close of this discussion, a motion was made by Member Parvizi to approve the Conditional Permit for the proposed office space, as requested, contingent upon a Stormwater Maintenance Plan and the striping of the parking lot, including handicapped parking. The motion was seconded by Member Hotchkin, with the vote recorded as follows: Ayes: Chairman Newell Nays: None Member Renzi Member Parvizi Member Updyke Member Hotchkin Motion carried. This becomes Action #12 of 2021. Omni Navitas Holdings, LLC, Applicant – Carr Hill Road – Sketch Plan Conference - Proposed Solar Array Chairman Newell recognized Joseph Mendelsohn, representing the applicant who was seeking approval to construct a 5 MW solar array at 3877 Carr Hill Road, just north of the juncture of 81, 11 and 41, on the hill. They are working with National Grid to connect to their infrastructure. He stated he was seeking information on how to compile a complete package for formal submittal for the required permits. The subject parcel is 48± acres, and 16,500 panels are planned; actual footprint will be much less, maybe 19. No energy storage is proposed. A vegetative screen is planned around the north. Member Renzi advised the applicant of what should be shown on the Site Plan. He would also like indicated any prime farmland on the site or in the solar project itself. Member Hotchkin reminded the applicant of a Performance Bond and a Decommissioning Plan, plus Part 1 of the SEQRA. Mr. Mendelsohn commented that the preliminary topo is complete. Member Parvizi would like to see how close the proposed solar array is to the nearest existing one, and how much of the woodland they are taking out. Chairman Newell asked the applicant if he was working on any other solar arrays that would “butt up against the one we are presented with tonight?” He also suggested that Board members visit the site to take a look. In response to a question, the applicant stated there would be poles. Town Attorney DelVecchio asked the applicant’s representative to make a decommissioning plan a part of his submittal to this Board. Before the Town Code Office issues a Building Permit that the original bond is presented and on his desk. He also advised that the applicant will be dealing with him regarding PILOT payments—one host agreement with the Town and one agreement with the IDA. No Action Required. (T) Cortlandville Planning Board Public Hearing & Regular Meeting Minutes 23 February 2021 Page 8 of 8 OTHER COMMENTS • Member Renzi stated he had comments on the SSC Cortlandville projects which he would like to send to the Board Secretary to make part of the Minutes. Attorney DelVecchio had no problem with this. PZO Weber requested a copy for the Town file. • Member Hotchkin reminded everyone that the next Planning Board meeting would be March 30th. ADJOURNMENT At 8:25 p.m., a motion to adjourn the meeting was made by Chairman Newell, seconded by Member Updyke, with all members present voting in the affirmative. Joan E. Fitch, Board Secretary Draft e-mailed to Town Clerk & AR, JD, PB Members, DD, BW, KM & DC on 3/30/21. Approved as corrected on 3/30/21. (Rev. Action #11).