May 17, 2018 – NEW BUSINESS page 3
“Eden Renewables: SBL# 74.00-2-5, (R-2) located at 13590-13592 Duanesburg Rd is seeking a Special Use Permit under Local Law # 107-2016 of the Town of Duanesburg Zoning Ordinance as well as seeking a Major Subdivision under section 3.5 of the Town of Duanesburg Subdivision Ordinance. Presentation was given by Travis Mitchell. Giovanni Maruca, Harry Lopes and Richard Murray were also present. Mr. Mitchell explained to the Board that they would like to seek a major subdivision creating three parcels of land to accommodate two 5 mega watt solar fields in the rear lots of Duanesburg Road. The Board has requested that the applicants schedule a meeting with the Town Planner to further discuss the proposed application as the Board has concerns with lot coverage and setbacks that would require a variance from the Zoning Board of Appeals.“
Read the May 2018 minutes PDF at Town of Duanesburg website. EDIT DECEMBER 24, 2020 LINK NO LONGER WORKS PLEASE TRY Town of Duanesburg Planning Board Minutes Page
The video of planning board meeting May 17 2019 begins 30 minutes Part 1 and continues in video part 2 ends at 11 minutes.
July 19, 2018 NEW BUSINESS page 2
“Eden Renewables: SBL# 74.00-2-5, (R-2) located at 13590-13592 Duanesburg Rd is seeking a Special Use Permit under Local Law # 107-2016 of the Town of Duanesburg Zoning Ordinance. Travis Mitchell, Richard Murray and Giovanni Maruca were all present for the application. The applicant is requesting to do a lot line adjustment of SBL# 74.00-2-11.2 and merging with SBL# 74.00-2-5. After lot line is complete applicant would like to create a minor subdivision of the lot to install two (2) 5 mega watt solar fields on each created parcel. A coordinated review will be sent to interested agencies.
Novak/Williams made the motion to declare the Planning Board as the lead agency in the SEQRA review of this Type 1 action.
Novak yes, Williams yes, Houghton yes, Sexton yes, Schmitt yes. Approved.
Novak/Houghton made a motion to appoint a Town Engineer for the Eden Renewables application. Novak yes, Houghton yes, Williams yes, Schmitt yes, Sexton yes. Approved
SKETCH PLAN REVIEW page 2
Eden Renewables: SBL# 74.00-2-5 p/o, (R-2) located at 13590-13592 Duanesburg Rd is seeking a Special Use Permit under Local Law # 107-2016 of the Town of Duanesburg Zoning Ordinance. Travis Mitchell, Richard Murray and Giovanni Maruca were all present for the application. The applicant is requesting to do a lot line adjustment of SBL# 74.00-2- 11.2 and merging with SBL# 74.00-2-5. After lot line is complete applicant would like to create a minor subdivision of the lot to install two (2) 5 mega watt solar fields on each created parcel.”
Read the July 2018 minutes PDF at Town of Duanesburg website. EDIT DECEMBER 24, 2020 LINK NO LONGER WORKS PLEASE TRY Town of Duanesburg Planning Board Minutes Page
watch the Planning Board Meeting Minutes July 19 2019 Part 2 beginning at 11 minutes
Description of Community Solar, Screening Using south side of Rt 7 as part of acerage to balance percentage of sola. Transformers noise levels, FAA information for glare. Power lines . “As good as it gets”. During construction the lot is flattened. Two weeks cleaning the panels with high pressured sprayer. Pound posts into ground. Low voltage and high voltage. 45 KW inverter. Asks about other projects – Mr Maruca says he visits all sites and will not use site where solar array can be seen. Interconnection Application Offer from National Grid – where is this in the application folder? NYS has changed regulations for community solar in January. 25% deposit of total cost of interconnection apx $500,000. Lead Agency Motion. No discussion of public involvement or buy in. Please watch the video as my summary is insufficient.
August 16, 2018 OTHER pages 2 and 3
“The Town of Duanesburg Planning Board has received two (2) quotes for a Town designated engineer for the Eden Renewables project.
Novak/Harris made a motion to accept the quote for Town Designated Engineer from Doug Cole of Prime AE Group of NY, for the Eden Renewables application.
Novak yes, Harris yes, Houghton yes, Williams yes, Schmitt yes, and Sexton yes.
Approved “
Read the August 2018 minutes PDF at Town of Duanesburg website.
Watch the Planning Board Meeting video three parts.
September 20, 2018 OLD BUSINESS page 3
“Eden Renewable: SBL# 74.00-2-5, (R-2) located at 13590-13592 Duanesburg Rd is seeking a Special Use Permit #1 under Local Law # 107-2016 of the Town of Duanesburg Zoning Ordinance.
Eden Renewable: SBL# 74.00-2-5 p/o, (R-2) located at 13590-13592 Duanesburg Rd is seeking a Special Use Permit #2 under Local Law # 107-2016 of the Town of Duanesburg Zoning Ordinance.
Eden Renewable/ Murray Richard: SBL# 74.00-2-5, (R-2) located at 13590-13592
Duanesburg RD is seeking a Minor Subdivision under section 3.4 of the Town of
Duanesburg Subdivision Ordinance.
Eden Renewable/ Murray Richard: SBL# 74.00-2-11.2, (R-2) located at 1206 Oak Hill RD is seeking a Lot line adjustment under section 3.4 of the Town of Duanesburg Subdivision Ordinance. Travis Mitchell updated the Planning Board that they will have all final plans, revised full SEQRA and reports prepared for the October meeting and have received the Town Designated Engineers comments and applicant was informed that they will be need to place an Escrow payment with the Town Clerks Office. Coordinated review responses are now coming back with no objection to the project.”
Read the September 2018 minutes PDF at Town of Duanesburg website. EDIT DECEMBER 24, 2020 LINK NO LONGER WORKS PLEASE TRY Town of Duanesburg Planning Board Minutes Page
Watch the September 2018 Planning Board Minutes video beginning at 9 minutes camera does not face presentation screen. Discusses topography. Very steep area. Defining how big is a tree. If it can be brush hogged its not a tree. Deer habitat. Water flow off panels to the down slope. ends about minute 22
October 18, 2018 OLD BUSINESS page 2
“Eden Renewable/ Murray Richard: SBL# 74.00-2-11.2. (R-2) located at 1206 oak Hill RD is seeking a Lot line adjustment under section 3.4 of the Town of Duanesburg Subdivision Ordinance. Tabled until November 15, 2018 “
Read the October 2018 minutes PDF at Town of Duanesburg website.
Watch the Planning Board Meeting October 18 2018 video Part 1 begins minutes
Watch the Planning Board Meeting October 18 2018 video Part 2 begins minutes
Watch the Planning Board Meeting October 18 2018 video Part 3 begins discussion of comprehensive survey – 1/2 answered online and 1/2 paper.
November 2018 through February 2019 the Town of Duanesburg Planning Board Minutes do not contain any items for Eden Renewable/ Murray Richard: SBL# 74.00-2-11.2.
Please read the 2018 Planning Board Minutes on the Town of Duanesburg website.
Please read the 2019 Planning Board Minutes on the Town of Duanesburg website.
March 21, 2019 NEW BUSINESS page 4
“#19-12 Murray, Richard/Eden Renewables: SBL# 74.00-2-5, (R-2) located 1206 Oak Hill Rd is seeking a Special Use Permit under Local Law # 1-2016 of the Town of Duanesburg Zoning Ordinance. Travis Mitchell from Environmental Design Partnership is representing Mr. Murray. A lot line adjustment and Special Use permit will need to be done for the two (2) separate solar projects. There will be two (2) frontages and an easement for the driveway. National Grid said it can take the power. There will be battery storage proposed in ten (10) small enclosures with containment and fire protection. The panels themselves are roughly thirty three (33) acres. They are 7 ••• to 8 feet wide and they are trackers. They will use sheep grazing to maintain the property. Per Mr. Murray his property is not in an Agricultural district, but will double check to make sure. The Board would like Mr. Mitchell to do the following:
• Meet with the local fire department
• Take photos of the house to the east
• Details for decommissioning bond request (Check the 2 ••• inflation rate)
• SHPO sign off
• Construction approach/plan
• Lighting during construction
• Show a revised map with the hook on it
• Tree clearing “
Read the March 2019 minutes PDF at Town of Duanesburg website.
June 20, 2019 OLD BUSINESS pages 3 and 4
“#19-12 Murray, Richard/Eden Renewables: SBL# 74.00-2-5, (R-2) located 1206 Oak Hill Rd is seeking a Special Use Permit under Local Law # 1-2016 of the Town of Duanesburg Zoning Ordinance. Presentation was provided to the board. The following was requested for the next meeting:
• Access Agreement for the common driveway (get copy of bond form from Alexander Rd.
project)
• Decommission Plan – future value or present value
• Provide sample letter of Solar Laws
Novak/Williams made a motion to reaffirm the Preliminary Negative Declaration for
Special Use Permit under Local Law #1-2016 of the Town of Duanesburg Zoning
Ordinance.
Novak yes. Rulison yes. Harris yes. Sexton yes. Schmitt yes. Williams yes. Houghton yes.
APPROVED
Harris/Rulison made a motion to Hold a Public Hearing on the application #19-12
Murray, Richard/Eden Renewables on July 18 2019.
Novak yes. Rulison yes. Harris yes. Sexton yes. Schmitt yes. Williams yes. Houghton yes.
APPROVED”
As of August 2, 2019 at 4 PM the June 20, 2019 Planning Board Minutes are not posted on the Town of Duanesburg website. Read the draft June 20, 2019 minutes PDF received on July 10 2019 on Duanesburg Neighbors website. UPDATE August 5, 2019 11:30AM: TheTown of Duanesburg posted the June 20, 2019 minutes on the Town of Duanesburg website
July 18, 2019 PUBLIC HEARING pages 2,3, and 4
As of August 2, 2019 at 4 PM the July 18, 2019 Planning Board Minutes are not posted at the Town of Duanesburg nor on their website.
Planning Board Minutes for July 18, 2019 were received via email from the Town Clerk August 5 2019 11:12AM. At this time the July 18, 2019 Planning Board Minutes are not available on the Town of Duanesburg website.
“Sexton/Harris made a motion to open the Public Hearing for the #19-12 Murray,
Richard/Eden Renewables: SBL# 74.00-2-5 application at 7:06P.M.
Harris yes, Novak yes, Houghton yes, Sexton yes, Schmitt yes, Williams yes. APPROVED.
Travis Mitchell representative of Eden Renewables presented to the Board.
Susan Bigg located at 1388 Duanesburg Road expressed her concerns about having a Solar
project, she learned about the project on July 11th. Will pesticides be used? How and who will sheep be cared for? How is this Solar farm helping our community? What is financially gained by the Solar Farm. She asked the board to deny Eden Renewables request for a Solar Farm.
Lynne Bruning located at 1388 Duanesburg Road expressed her concerns over the project and asked that the documents and photos she has be attached as a permanent record to this project. Asking that the board hold off on making a decision on this project based on the following 5 statements:
1. NYS SEQR formal no preliminary affirmation, 617.3 c site was 617.3A distributed in June 20th minutes it is indicated that the board reaffirm the Preliminary Negative Declaration for a Special Use Permit. She recommends the public hearing be postponed until the SEQR process is complete.
2. The site was disturbed prior to the SEQR process 617.3A, she is submitting photo’s of tree clearing starting in the summer 2018 and into this year.
3. The project may not comply with the following provisions in the Town of Duanesburg Solar Law Section 3.3(c) and (e). The trees are deciduous on the western side of her property, therefore, it may be not be incompliance during winter months.
4. Section 14.6.2.2 will not have significant effect on surrounding properties. 14.6.2.c.11 does not conflict with significate effect. Eden Renewables never accessed surrounding properties. According to section 617.f of SEQR negative declarations can be rescinded for 3 reasons. 1. Changes are proposed in the project, 2. New information is discovered, 3. Changes in circumstances related to the project arise that were not previously considered. It is stated that approximately 21.94 acres of forested land will be removed. According to the July 3 correspondence between Mr. Warner and Mr. Cole that the physical disturbance of this project will be 8.9 acres. A loss of 21 acres. Another point for this Board is the Storm water Pollution plan, 8.4 acres disturbed that leaves 21 acres of land not accounted for in the SWPP as according to the SWPP the soils in this project are largely composed of peripheral low pp. She requests that there be a revised SWPP for loss of forested land. She is requesting a new EAF as per the Agricultural guidelines.
5. The lack of engagement and public outreach with the project to the public. 14.6.2.4 (b) must notify residents within 1000 feet of project. They did not receive notice until July 11th, 7 days prior to this meeting and were not able to review documents with regard to the project until July 16th.
Pamela Rowling currently residing in Connecticut she owns a 71.4 acre property adjacent to the above property (1204 Duanesburg Road). She was not aware of the project until just recently. What are the tax implications? Concerns of water pollution with the project. Would like more information on what happens to the property after decommissioning?
Leah Otis residing at 13392 Duanesburg Road concerned of the lack of notice to the public. Wanted to thank Lynne Bruning for all her hard work and she does not want the Board to vote tonight.
Sherri Schrade residing at 1619 Eaton Corners Road she thinks that there is a lot of questions and concerns about the information out there and it is confusing. Some clarifications and answers would be helpful. She does not want the Board to vote tonight. What kind of toxic chemicals are they are using when they initially go in to install the solar panels, what do they actual do to the site prior to install? What is the cost of the installation and decompose of the panels? What about the facility is it ready to accept increased power? Tax implications – does the town receive extra taxes or any benefits?
Wallace Johnson residing at 1204 Youngs Road he concerned about the decommissioning
costs associated with the project. Would like clarification on the process of
decommissioning the property. Also is not happy about the short notice given on the
project. Who does the decommissioning of the property? He does not want the Board to
vote tonight.
How much of the property is wetlands? Are they forever wetlands?
Sexton responded regarding the notification of the project. He also noted that the Board does not influence law, property values so there may be a few things tonight that we cannot answer as those are not in our purview, you may be able to get further answers from the Zoning Board and the Town Board. We will do our best to answer the questions you may have.
Diane Gallo residing at 488 Oak Hill Road, Esperance discussed speaking with neighbor
who told her she knew about the project because she went to a presentation 6-8 months
ago. She said she was notified by mail. However, she has not heard anything about the
project since.
A written response will be a better way to communicate these concerns that you have.
Would like to address as many questions as possible tonight. Barry Lopez CEO of Eden
Renewables spoke to the residents. He is sad to hear about how upset the public is with the project. They have spent 9 years designing the layouts for Solar Farms and have been applauded for their designs. Regarding notifications, they have done mailings, newspaper advertisements, press releases and posters in local businesses and understand clerical errors. The sheep will be brought in and brought out for grazing the fields.
Herbicides will not be needed as it will be an organic site due to the use of the sheep. Regarding the wetlands there is approximately 20 acres of wetland. The transmission lines are located on the property how will they affect our property? In New York State Solar Farms are exempt from Property Taxes. The Town, School and County are working to negotiate a pilot as the property will no longer be under an AG exemption which will increase taxes. The State allows Community Scale Solar farms which will help reduce electricity by 10% discount for life of system.
Sexton/Harris made the motion to keep the Public Hearing open until August 15, 2019 for #19-12 Murray, Richard/Eden Renewables: SBL# 74.00-2-5 contingent upon all questions documented tonight and submit them to Dale Warner by July 28, 2019 who will then submit them to Eden Renewables for response by August 5, 2019. Eden Renewables to conduct a Community Meeting and provide results of that meeting to the Board.
Sexton yes, Harris yes, Houghton yes, Williams yes, Novak yes, Schmitt yes. APPROVED.”
UPDATE August 5, 2019 at 11:30 AM the July 18 2019 minutes are not available on the Town of Duanesburg website.
Please read the draft July 18, 2019 Planning Board Minutes PDF on duanesburgneighbors.com.
September 19, 2019
“Over➔Sexton/Rulisonmade a motion to approve the minor subdivision of #19-09 Hoelzli, Andrew: SBL#53.00-1-19.1 (R-2) located at 9276 Western Turnpike conditioned upon the cleanup of the debris that was left from the campground site, along with receiving themylar.Sexton yes, Rulison yes, Williams yes, Novak yes, Schmitt yes, Harris yes, Houghton yes. Approved. #19-06 Miner, Bill:SBL# 68.00-2-25.4(C-2) located 2054 Western Turnpike is seeking a Minor subdivision under section 3.4 of the Town of Duanesburg Subdivision Ordinance and Amendment to an Existing Special Use Permit to add additional storage Units. Eric has received the permit from Army Corp. DEC is still reviewing the application and has not yet issued a permit. Williams/Novakmade a motion to approve the Special Use Permit for additional storage units #19-06 Miner, Bill:SBL# 68.00-2-25.4(C-2) application contingent upon getting the DEC permit and using the existing access through the storage facility. Williams yes, Novak yes, Schmitt yes, Sexton yes, Harris yes, Rulison yes, Houghton yes.Approved. #19-12 Murray, Richard/Eden Renewables:SBL# 74.00-2-5, (R-2) located 1206 Oak Hill Rd is seeking a Special Use Permit under Local Law # 1-2016 of the Town of Duanesburg Zoning Ordinance. Doug Cole from Prime AD Group of New York introduced himself and explained that he has been working on this project for over a year now as the Town Planning Board’s designated engineer for this project and he reviewed the glare study and it met all the requirements of the Local Law. Doug also reviewed the decommissioning study and in his professional judgement the decommissioning study satisfies the requirements of the solar law and is reasonable in the amount of money. In addition, Dougreviewed the StormwaterPollution Prevention Plan to ensure it met all DEC requirements.Esperance Volunteer Fire Chief Mr. Deffer responded and reconfirmed that the access driveway is okay to use. The Vacant house that Richard Murray owns that is on the property will be taken down, but the barn and silo will be staying that’s a crossed the road. Construction working hours will be from 7am to 5 pm. For evergreen visual screening the board would like:1.Trees will be planted 20 feet on center staggered.2.A mix ofSpruce and Fir.3.A targeted heightof roughly about 6-8 feet. 4.1600 feet to the end of the property line long.A maintenance agreement if the trees die, they must replace them.ThePlanning board re-reviewed the Negative Declarationwith a few additions offered by Elizabeth Novak and a draft copy of the resolution re-affirming and re-approving the negative declaration and theProject was read aloudfor the record and was revised by the Town Planning Board as shown in the attached final resolution which has been filed in the Town Clerk’s Office.The resolution was moved bySexton and seconded by Harris and Sexton yes, Harris yes, Houghton yes, Williams yes, Novak yes, Schmitt yes,Rulison yes. APPROVED”
September 19, 2019 Meeting Minutes on Town of Duanesburg website.
Video of the meeting on Duanesburg Neighbors youtube account.
October 17, 2019
“OTHER:#19-12 Murray, Richard/Eden Renewables:SBL# 74.00-2-5, (R-2) located 1206 Oak Hill Rd Under Local Law # 1-2016 of the Town of Duanesburg Zoning Ordinance Resolution revision.Sexton/Rulisonmade a motion to amend the resolution approving the project to show the correct amount of lot coverage as shown on the site plans which were approved for the solar projectfor the #19-12 Murray, Richard/Eden Renewablesapplication. Bullet 3B will now show that Lot 1contains70.378 acres with 32.8 acres of coverage which is 46 percent andthatLot 2contains70.353 acres with 33.0acres ofcoverage which is 47 percent.Sexton yes, Rulison yes, Williams yes, Novak yes, Schmitt yes, Harris yes. Approved” Town Attorney Terresa Bakner is not in attendance.
October 2019 Meeting Minutes on the Town of Duanesburg website
Video of the meeting on Duanesburg Neighbors youtube account.