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HomeMy WebLinkAbout2017-03-07-PB-FINALTOWN OF ULYSSES PLANNING BOARD MEETING MINUTES Tuesday, March 07, 2017 Approved: March 21, 2017 Present: Chair David Blake, and board members David Tyler, John Wertis, and Sara Worden; Environmental Planner Darby Kiley; Town Liaison Richard Goldman. Rebecca Schneider and Benjamin LeWalter were absent. Public in Attendance: Jon McNamara and Kate Millar of Renovus Energy, Vivien Rose, Lucy Garrison, Joanne Siefried, and David Wren. Call to Order: 7:00 p.m. Agenda Review; Minutes Review (2/21/2017) Mr. Tyler MADE the MOTION to accept the amended February 21, 2017 meeting minutes, and Mr. Wertis SECONDED the MOTION. The motion was carried, 4-0. Privilege of the Floor: No one addressed the Planning Board at this time. Public Hearing: Consideration of SEQR and Site Plan Approval for a 2 MW photovoltaic system at 1574 Trumansburg Rd, Tax Parcel Number 33.4-3.2; A1 -Agricultural District. The proposed 2 MW solar project will cover approximately 10 acres adjacent to Trumansburg Rd. The panels will be a maximum height of 10 feet, surrounded by a six (6) ft fence, and 102 +/- white spruce trees will be planted parallel to Trumansburg Rd. Gates Acres, LLC, Owner; Power REIT, power purchaser; Renovus Energy, Inc., Agent. Mr. Blake MADE the MOTION to open the public hearing, and Mr. Wertis SECONDED the MOTION. The motion was unanimously carried. Notice of the public hearing was published in the Ithaca Journal, Ms. Kiley said. Mr. McNamara provided a brief recap of the project: the proposal is for a Town of Ulysses Community Solar Farm, offering a pay-as-you-go model for solar customers, particularly low - and mid -income families who may not have had access to renewable energy options. Mr. Goldman asked how Renovus determines if subscribers are low or middle income. Mr. McNamara said Renovus would partner with Cornell Cooperative Extension, who will target applicants based on income data. Town of Ulysses residents will have first access to the project. To promote the inclusive aspects of the project, Renovus intends on holding an open house in the Town Hall. Planning Board 2 March 7, 2017 Continuing with the presentation, Mr. McNamara said the project's panels will face away from Route 96. Between the panels' orientation and a screening buffer of white spruces, there is no glare consideration, he said, adding that the planting plan addresses any possible glare issue for residents across the street. Renovus is also partnering with Scott Land Yard, who will use sheep to maintain the grounds. The sheep pasture gives the project an ag component. Renovus will not look for an ag exemption for property taxes. Ms. Siefried, of Iradell Road, owns eight acres behind the Renovus property. She is concerned about her property value. Having wanted to live in a rural area, she moved to the Town about three and a half years ago. She can see the Renovus building from her residence, and she said the company's lights shine into her bedroom at night. She thought the area was zoned for agriculture. How is Renovus able to propose a solar farm? she asked. In response, Ms. Kiley said a solar farm is allowed on all Town parcels except for in the Lakeshore, Marina, and Parks/Recreation Districts. Ms. Kiley and Ms. Siefried reviewed property maps in the vicinity of the Renovus parcel. If Ms. Siefried's residence is located above the Renovus warehouse, she will be able to see the panels, Mr. McNamara said. Renovus is flexible and does not want Ms. Siefried to have any bad feelings regarding the project. He proposed having a Renovus representative visit her property to discuss options for limiting views of the future solar farm. Ms. Rose felt the proposal does not pass the face test — a solar farm is not agriculture. The most important places where she sees the Town's rural character is along its main thoroughfares, including the ag land where the solar farm is to be sited. Perry City Road, near Van Dorn Road, and across from Stover Mills on Route 96 are two other such areas. The use of land for crops and/or livestock constitutes a farm, whereas the proposal is for an electric -generating installation. Using sheep for grounds maintenance — while a good idea — does not constitute as agriculture. If the Town approves the site plan, Ms. Rose hopes Planning Board members will take the time to examine the State's soils of importance. Lastly, she said she is concerned about the use of white spruces because the species may not support bird wildlife. She spent 15 hours reviewing Renovus's proposal. Asked if the property is to be taxed as agriculture or industry, Mr. McNamara said the parcel will be taxed based on the property with the addition of the array. In his experience, Renovus could go to court to receive the ag exemption on property tax, but instead the company will pay property taxes or a Payment In Lieu of Taxes with the Town, an annual payment that typically amounts to 90 to 95 percent of what the property tax value would be. Would the property be taxed as agriculture or another use? Mr. Wertis asked. For another use, Mr. McNamara said. Ms. Siefried asked how the project would affect her property values. Mr. Blake said that question is more for the County's Assessment office and not for the Planning Board. Mr. McNamara noted the property was once a large chicken farm and reasoned that the property is probably worth a lot more under Renovus. He said he rejects the idea that it would lower Ms. Siefried's property value. Planning Board 3 March 7, 2017 Ms. Garrison, of nearby Stick and Stone Farm, said she is really excited about the solar array's location in the neighborhood. In her view, a solar array is far nicer to look at than a power plant. Her only objection was the amount of proposed screening along Route 96. She likes the idea of solar panels being viewable and shown off to passersby. Asked about the on-site barn, Mr. McNamara said the large hay -storage barn will be a wintering home for the sheep. The company has also been approached by a local farmer looking to use the barn for freezer space. It was noted that the corral, located near the barn, is mostly sand and is not suitable for crops. Ms. Kiley explained permitted uses that do not require approval. Residences are a primary use in the agricultural zone, while other uses, like solar, airstrips, and churches are allowed through Site Plan Review. Responding to Ms. Siefried's question about ownership, Mr. McNamara clarified that Renovus will not own the property on which the solar array is to be installed. A partnering company, PowerREIT, will own the property. Asked if Renovus plans on enlarging the proposed site, he said no. When it comes to signing up community members for solar power, will Renovus ask the neighbors first? Ms. Rose asked. Mr. McNamara said yes, adding that Renovus wants to see the benefits of solar stay as local as possible. Mr. Blake MADE the MOTION to close the public hearing, and Mr. Wertis SECONDED the MOTION. The motion was unanimously carried. The public hearing closed at 7:55 p.m. SEQR Resolution Planning Board members and Ms. Kiley briefly discussion various items within the SEQR document. Ms. Kiley noted that the Planning Board had previously discussed Part I during its January meeting. Mr. Tyler MADE the MOTION to approve the resolution for SEQR Determination, and Mr. Wertis SECONDED the MOTION as follows: WHEREAS: 1. This is consideration of Site Plan Approval for an approximately 2 MW photovoltaic system at 1574 Trumansburg Road, Tax Parcel Number 33.4-3.2; A1 -Agricultural District. The proposed 2 MW solar project will cover approximately 10 acres adjacent to Trumansburg Rd. The panels will be a maximum height of 10 feet, surrounded by a six (6) ft fence, and 102 +/- white spruce trees will be planted parallel to Trumansburg Rd. Gates Acres, LLC, Owner; Power REIT, power purchaser; Renovus Energy, Inc., Agent; and Planning Board 4 March 7, 2017 2. This is a Type I Action for which the Town of Ulysses Planning Board is acting as lead agency in the coordinated environmental review with respect to site plan approval. Involved and interested agencies were contacted on January 18, 2017, and no agency contested the Planning Board as lead agency; and 3. The Planning Board, on January 17, 2017, reviewed, revised and accepted as adequate the Full Environmental Assessment Form Part 1, submitted by the applicant, and on March 7, 2017, the Planning Board reviewed, revised and accepted as adequate the Full Environmental Assessment Form Parts 2 and 3 prepared by Town staff, 4. The Town Zoning Officer has recommended a negative determination of environmental significance with respect to the proposed Site Plan Approval; NOW THEREFORE BE IT RESOLVED: That the Town of Ulysses Planning Board hereby makes a negative determination of environmental significance for the reasons set forth in the Environmental Assessment Form Parts 2 and 3 referenced above, in accordance with the New York State Environmental Quality Review Act for the above referenced action as proposed, and, therefore, an Environmental Impact Statement will not be required. The vote was as follows: Mr. Blake AYE Mr. Tyler AYE Mr. Wertis AYE Ms. Worden AYE Result: Resolution approved Resolution for Site Plan Approval Mr. Tyler asked if it would be beneficial for Town Counsel to review the concerns put forth from Ms. Rose before entertaining a vote. He summarized the concerns: to maintain rural character; the question of an ag assessment for this property, and native screening to support bird populations. Ms. Millar noted Renovus's planting plan comes recommended by an arborist, and the spruce trees are native. Addressing each point, Ms. Kiley said the solar array is an allowed use. Does the project change the character of the area? Yes, she said, and those concerns are addressed in the SEQR. As for ag assessments, it is not an issue that the Planning Board can address. On the subject of bird populations and the spruce tree buffer, Ms. Kiley said she is more concerned about road hazards. Lastly, the Planning Board has already discussed prime soils. Ms. Kiley is unclear as to what Town Counsel could answer that has not already been addressed. Planning Board 5 March 7, 2017 Mr. Wertis MADE the MOTION to approve the site plan resolution, and Mr. Blake SECONDED the MOTION as follows: WHEREAS: 1. This is consideration of Site Plan Approval for an approximately 2 MW photovoltaic system at 1574 Trumansburg Road, Tax Parcel Number 33.4-3.2; A1 -Agricultural District. The proposed 2 MW solar project will cover approximately 10 acres adjacent to Trumansburg Rd. The panels will be a maximum height of 10 feet, surrounded by a six (6) ft fence, and 102 +/- white spruce trees will be planted parallel to Trumansburg Rd. Gates Acres, LLC, Owner; Power REIT, power purchaser; Renovus Energy, Inc., Agent; and 2. The Town of Ulysses adopted Local Law #3 of 2015, which allows for major solar collection systems with Site Plan Approval by the Planning Board; and 3. The Planning Board opened and closed the sketch plan conference on January 17, 2017; and 4. The Tompkins County Planning Department reviewed the proposed project, pursuant to NYS General Municipal Law §239-1, -m, and —n, and in a letter dated February 7, 2017 determined that the project may have negative intercommunity or county -wide impacts and recommended conditioning the approval on the requirement that the project be designed and built in a way that does not adversely impact soil structure; and 5. The Planning Board, at a public hearing held on March 7, 2017, has reviewed and accepted as adequate, application materials including the following: application for site plan review, authorization letters from the land owner and power purchaser, proposed solar project description and narrative, agricultural data statement, a report on potential impacts of glare, O&M plan, decommissioning plan, documentation from utility company acknowledging that an application has been submitted for the major solar collection system to be connected to the utility grid, and plans dated 12/19/2016 for project including cover page (CP -1); site plan (SP -1), area structures (AS -1), natural features (NF -1), erosion/SW plan (NF -2), mechanical plan (MP -1), planting plan (PP -1), and other application materials; and 6. This is a Type I Action for which the Town of Ulysses Planning Board was the lead agency on the coordinated review. Involved and interested agencies were contacted on January 18, 2017, and no agency contested the Planning Board as lead agency. The Planning Board, on March 7, 2017, has made a negative determination of environmental significance with respect to this project, after having reviewed and accepted as adequate a Full Environmental Assessment Form Parts 1, 2 and 3; and 7. The Planning Board held a public hearing on March 7, 2017 to hear comments on the proposed project; THEREFORE IT IS HEREBY RESOLVED, Planning Board 6 March 7, 2017 1. That the Planning Board of the Town of Ulysses hereby waives certain requirements for Site Plan Approval, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town; and 2. That the Planning Board of the Town of Ulysses hereby grants Site Plan Approval for the proposed approximately 2 MW photovoltaic system at 1574 Trumansburg Rd, Tax Parcel Number 33.4-3.2, as shown in the permitting packet, which includes application for site plan review, authorization letters from the land owner and power purchaser, proposed solar project description and narrative, agricultural data statement, a report on potential impacts of glare, O&M plan, decommissioning plan, documentation from utility company acknowledging that an application has been submitted for the major solar collection system to be connected to the utility grid, and plans dated 12/19/2016 for project including cover page (CP -1); site plan (SP -1), area structures (AS -1), natural features (NF -1), erosion/SW plan (NF -2), mechanical plan (MP -1), planting plan (PP -1), and other application materials, submitted by Renovus Solar, subject to the following conditions, a. if any trees, as shown on the planting plan, PP -1, die during the duration of the lease, the tree(s) will be replaced with tree(s) of a similar species and dimensions as the dead tree; b. trees shall remain for their natural lifespan, except where health and safety are threatened; C. Submission of a performance bond or letter of credit of at least $10,000 for any needed replanting of the white spruce trees. Security of which is subject to the approval of the attorney for the town; and d. Per County recommendations, the project shall be designed and built in a way that does not adversely impact soil structure. The vote was as follows: Mr. Blake AYE Mr. Tyler AYE Mr. Wertis AYE Ms. Worden AYE Result: Resolution approved Consideration of sketch plan and recommendation to the Board of Zoning Appeals for a replacement sign at the Halsey House bed and breakfast, located at 2057 Trumansburg Rd, Tax Parcel Number 13.4-2.3; IL -Light Industrial District. The proposed project is to replace the existing 11.6 square foot sign with one that measures 17.9 square feet. The allowed size is nine (9) square feet; therefore an area variance is requested from the Board of Zoning Appeals. The sign will be in the same location and use the existing posts and lights. David Blake and David Wren, owners/applicants. Planning Board 7 March 7, 2017 At 8:19 p.m., Mr. Blake recused himself from discussion since he is listed as an applicant for the proposed sketch plan. Vice Chair Mr. Wertis led the discussion and provided a brief explanation as to why the proposal has come before the Planning Board. The discussion concerned whether or not the Planning Board wanted to offer any considerations to the Town Board of Zoning Appeals prior to the BZA's forthcoming review. Mr. Wertis MADE the MOTION that the Planning Board not offer considerations to the BZA, and Mr. Tyler SECONDED the MOTION. The motion was unanimously carried, 3-0. Mr. Tyler MADE the MOTION to open the sketch plan, and Ms. Worden SECONDED the MOTION. The motion was unanimously carried. Mr. Wren mentioned the State Park used to have a sign that fell over in a storm, but it was not replaced. The Inn intends to use the poles from the existing sign. Mr. Tyler MADE the MOTION to close the sketch plan, and Mr. Wertis SECONDED the MOTION. The motion was unanimously carried. Resolution for Site Plan Approval Mr. Tyler MADE the MOTION to approve the site plan resolution, and Ms. Worden SECONDED the MOTION as follows: WHEREAS: 1. This is consideration of Site Plan Approval for replacement sign at the Halsey House bed and breakfast, located at 2057 Trumansburg Rd, Tax Parcel Number 13.4-2.3; IL -Light Industrial District. The proposed project is to replace the existing 11.6 square foot sign with one that measures 17.9 square feet. The allowed size is nine (9) square feet; therefore an area variance is requested from the Board of Zoning Appeals. The sign will be in the same location and use the existing posts and lights. David Blake and David Wren, owners/applicants; and 2. The Planning Board opened and closed the sketch plan conference on March 7, 2017; and THEREFORE IT IS HEREBY RESOLVED, 1. That the Planning Board of the Town of Ulysses hereby waives certain requirements for Site Plan Approval, having determined from the materials presented that such waiver will result in neither a significant alteration of the purpose of site plan control nor the policies enunciated or implied by the Town; and 2. That the Planning Board of the Town of Ulysses hereby grants Site Plan Approval for the replacement sign, subject to the following condition: a. That the Board of Zoning Appeals grants the area variance as proposed. The vote was as follows: Planning Board 8 March 7, 2017 Mr. Wertis AYE Mr. Tyler AYE Ms. Worden AYE Result: Resolution approved Ms. Kiley said the proposal would return to the Planning Board if the BZA recommends any changes. At 8:32 p.m., Mr. Blake returned to the meeting, and Mr. Tyler left. Mr. Blake offered that he did not mind postponing discussion on solar regulations until the next meeting, when other members could attend. To ensure clarity, Mr. Wertis would be much more comfortable if Planning Board members voted on discussion items. Mr. Blake MADE the MOTION to not address solar regulations or ag/rural zoning and instead move on to the Town Liaison report. Mr. Wertis SECONDED the MOTION, which was unanimously carried. Town Board Liaison Report Mr. Goldman said Town Board members have received copies of the ag zoning rewrites and have taken the position that they would like to hear from all involved stakeholders. He encouraged the Planning Board to thoroughly examine the document and provide feedback. Mr. Blake asked if the Planning Board should set aside a meeting to review the ag zoning document. Ms. Kiley said a second meeting in March would be best for a review. Thus far, there are no applications to address. She proposed meeting on March 21 and dedicating the work session to the ag zoning review. The Planning Board informally agreed to meet on March 21. Mr. Wertis MADE the MOTION to adjourn the meeting, and Ms. Worden SECONDED the MOTION. The motion was unanimously carried. Meeting adjourned at 8:37 p.m. Respectfully submitted by Louis A. DiPietro II on March 21, 2017.