Biggs v Eden Renewables, Richard Murray and Town of Duanesburg Planning Board
On September 19, 2019 the Town of Duanesburg Planning Board approved the Resolution for Oak Hill Solar 1, LLC and Oak Hill Solar 2, LLC. The Resolution provides the incorrect project address, incorrect Project acres and incorrect acres inside the fence.
The May 7, 2018 site plan shows that more than 10 acres of trees would be removed to construct the solar facility. The 2016 Town of Duanesburg Solar Law limits tree clearing to 20,000 square feet, or 1/2 and acre.
On July 9, 2018 the Applicant submitted a site plan dated May 7, 2018. The document reflects that:
the site plan outline does not match the site location map outline;
the project parcel is not centered on the page;
the north arrow is not consistently directed to the top of the page;
does not provide an engineer stamp;
does not show the four neighboring houses;
does not show National Wetland Inventory on the project parcels and on abutting parcels; and
identifies the incorrect fire department.
The July 9, 2018 letter from the Applicant to the board states “6.The perimeter of the solar fields will be fenced with a 6 ft high chain link fence.” This is not compliant with National Electric Code for a 7′ in height fence. A 7′ in height fence is not compliant with local zoning ordinance. A variance request was not submitted to the zoning board until April 2022.
The Applicant’s February 8, 2019 United States Securities and Exchange Commission Form D reflects that the Applicant’s industry is “real estate” not “energy”.
The March 11, 2019 site plan sheets 1 through 10 and resubmitted June 6, 2019 did not provide:
a scale on the overall site plan Sheet 1 of 10;
an engineer stamp on any sheet of the site plan;
the four neighboring houses;
National Wetland Inventory on the project parcels and abutting parcels;
required electrical equipment; and
dimensions for some electrical equipment.
The site plan did include an unrelated parcel to the north and it reflects a significantly reduced tree line in comparison to the two May 7, 2018 site plans.
On September 5, 2019 the Applicant resubmitted a site plan sheets 1 through 11. Sheet 11 provided evergreen landscaping to provide some screening for the abutting parcel to the east.
On September 17, 2019 the Applicant resubmitted a site plan sheets 1 through 10. The landscaping plan was not provided. The taxpayers were not notified.
The September 19, 2019 planning board meeting minutes record that the town engineer reviewed a glare study. The record does not include a glare study.
A Planning Board member reviewed and voted to approve the two solar facilities, but did not disclose that their spouse was upper management of the New York State Energy Research and Development Authority.
Biggs was not provided all of the application documents until 2022. The majority of the above information was not provided in the October 2019 Article 78.
Public legal files in reverse chronological order.
November 25, 2020 Notice of Entry of Court Decision
November 19, 2020 Court to Biggs
November 16, 2020 Biggs to Court
October 20, 2020 Oral Arguments
Video recording of the October 20, 2020 oral arguments for Case 531440 Eden’s attorney, Daniel A. Spitzer, erroneously informed the New York Supreme Court, Appellate Division Third Judicial Department that “what we are dealing with people’s homes that are 1,600 feet away”. Minute 9:30 of the proceeding’s recording as found on the AD3 website. Biggs house is 535 feet from the Project property line. The site plan does not provide a scale. There is no way to measure the distance from the Project fence to Biggs house. Neither the town attorney, John Henry, nor Bigg’s attorney, Douglas Zamelis, informed the court of the distance from the Project property line to Biggs house or that the site plan was not to scale.
September 15, 2020 Court Oral Argument Information
July 20, 2020 Town of Duanesburg Planning Board Brief
July 17, 2020 Eden Renewables Brief
June 24, 2020 Hodgson Russ to Appellate Court
June 22, 2020 Notice of Filing
June 3, 2020 Informational Packet
April 28, 2020 Order of Transfer
April 9, 2020 Hodgson Russ to Schenectady County Court Judge Buchanan
November 17, 2019 Court Record Index 2019-2217 Record on Appeal Volume I of II 760 pages 34.1Mb
November 4, 2019 Affidavit of Service
October 16, 2019 Notice of Verified Petition
October 16, 2019 Request for Judicial Intervention
Eden Renewables, LLC and Richard Murray represented by Daniel A. Spitzer, Esq. and Michael D. Zahler, Esq. of Hodgson Russ
Town of Duanesburg represented by John Henry of Whiteman Osterman and Hanna.
Town of Duanesburg Planning Board attorney Teressa Bakner of Whiteman Osterman and Hanna.
Susan Biggs and Lynne Bruning represented by Douglas H. Zamelis, Esq..
All documents can be found thru Freedom of Information and/or New York State Court records.