TOWN BOARD MEETING
SEPTEMBER 6, 2016
The Clermont Town Board held their regular meeting on Tuesday, September 6, 2016 at 7:00 P.M. at the Town Hall. Those in attendance were Supervisor Raymond Staats, Councilman Robert Desmond, Councilwoman Dawn Brownson, Councilman Evan Hempel and Councilman Kris Gildersleeve. Others present were Jeff Irish of Hudson Solar and one resident.
Supervisor Staats opened the meeting with the salute to the flag.
MINUTES: Councilman Gildersleeve noted one change on the August 1st minutes, page 43, paragraph 2, ‘thanked Mr. Cutaia’ to ‘thanked Councilwoman Brownson. A motion was made to accept the minutes of the August 1st Town Board meeting as corrected by Councilman Gildersleeve, seconded by Councilwoman Brownson. All in favor. So carried. A motion was made to accept the minutes of the August 9th special meeting on the solar farm/facilities moratorium by Councilwoman Brownson, seconded by Councilman Desmond. All in favor. So carried.
TOWN CLERK’S REPORT: The Town Clerk presented the Supervisor with a check for the General Fund in the amount of $108.59 for August. A motion was made to accept the Town Clerk’s Report by Councilman Gildersleeve, seconded by Councilman Hempel. All in favor. So carried.
CORRESPONDENCE:
- Town of Red Hook holding a public hearing on Wednesday, September 7th at 7:35 P.M. on proposed local law amending a section of zoning ‘Open Space Incentive Zoning’
- Primary Day: We were notified by Columbia County Board of Elections that there is no State and Local Officials Primary in Columbia County on September 8th.
- Columbia County will hold Household Hazardous Waste Collection Day on Saturday, September 10 at the County Highway Garage in Greenport, 8 AM –12 PM.
- The Supervisor gave the board members the Budget & Revenue reports for August 31, 2016.
- Website: Councilman Hempel will post Local Law #2 amending the Town of Clermont Zoning Law Relative to Solar Energy Equipment".
- Councilman Hempel notified the board that our website has reached the end of service for security. He will prepare some info to be considered for the next meeting.
COMMITTEE REPORTS:
- Councilman Desmond reported that we will be discussing the revisions to the zoning law relative to solar later in the meeting.
- Councilwoman Brownson reported that the turnout was low for the Village Green Community Day but it is expected that they will break even because of donations. She is also looking at scheduling a Historian event in November, which is History month.
OLD BUSINESS:
- DEC UPDATE: The Supervisor will be meeting with Michael Mason of DEC and the contractor on Tuesday, September 13th on the remediation of the Brownfields project. The Department of Transportation is requiring curbing for the entrance but the DEC can start the work with or without the curbing. Supervisor Staats can speak to our State Senator Kathy Marchionne to see if we can get this requirement waived. Information will be posted on the website as we go along.
NEW BUSINESS:
- SOLAR ZONING REVISIONS: Supervisor Staats explained that we are working on having the zoning revisions relating to Solar Energy Equipment/Solar Farms so that we can have the public hearing at the October 1st Town Board meeting. Mr. Jeff Irish is attending for Hudson Solar Energy and currently has an application in to the ZBA/Planning Board for a Solar Farm. He asked if Mr. Irish does want to apply for relief from the moratorium. This will be discussed at the end of the revisions session.
Page 2- Definitions - Solar Energy Structural Equipment: Councilman Hempel would like to take out ‘¼ acre’as the occupying area and ‘solely for on-site consumption’. One reason for removing it would be that farms should be able to use their buildings, which may be on more than ¼ acre for roof mounted. Councilman Desmond believes for off-site consumption we should have more control of it. It was agreed to take out the less than ¼ acre but keep in ‘for on-site consumption. Mary Howard said that there are Agricultural Exemptions for farms, which would override town law. Mr. Irish thinks it would not be economical feasible if you had to build a structure to add solar panels. It should be encouraged for farmers because farms have many roofs that could support arrays.
Page 2 – Definitions – Building Integrated Solar Energy Equipment: Councilman Hempel did not understand why this was added. Our attorney said that he thought there should be a definition in zoning.
Page 5 – Development Standards for Solar Farms: Discussed solar farm being a principal use as opposed to an accessory use. Change to read ‘shall be allowed as a principal use to should be allowed’.
Page 6 – Setbacks: Discussed changing the setbacks for frontyard from ‘100 feet’ to 50 feet and the side and rear yard setbacks from ’50 feet’ to 25 feet. Councilwoman Brownson feels strongly about the frontyard setback being 100 feet but less strongly about the side and rear yard setbacks. Supervisor Staats likes the 100 feet because you can always lower it but cannot go higher. Councilman Hempel suggested waiving screening requirements if the adjoining landowner has no objections. Councilman Gildersleeve suggests that there may be a compromise for setbacks.
Page 6 – Maximum acreage for a Solar Farm – discussed the 10 acre zoning. Supervisor Staats asked how everyone feels about taking out the 10-acre requirement for solar farms. Councilman Hempel would like to take it out. Supervisor Staats would like to see it remain. Councilman Gildersleeve does not see a strong need to limit it.
Councilwoman Brownson see 10 acres as a large area. Mr. Irish said that 10 acres is the maximum for a 2-megawatt system, above 10 acres would open the Town up for having massive solar farms.
Page 6 – E2 – Reduce the imprisonment term from ‘6 months’ to something less.
Supervisor Staats will ask our attorney to come to the September 13th meeting/workshop.
The Public Hearing will be scheduled for October 3rd prior to the regular board meeting at 6:45 P.M.
Mr. Irish of Hudson Solar Energy spoke to the Board and understands the need to regulate solar farms. There are many that have been requested all over the state by out of state companies.
The application that his company submitted to the ZBA is in the Rural Business Zone, 3-acre zone on the property of Dennis and Karen Loveland. They have had their engineering, approval from NYSERDA and National Grid. Fees must be paid by 10/18 or they have to restart the process. This project fits the concerns that the board has. It is almost completely invisible except for a small view from Jug Road. Mr. Loveland is a landscaper so he will be able to properly screen the property. He is asking for an exemption from the moratorium so that they can continue with the project. This would occupy less than one acre of their ten acres. This would not be the principle use on the property. He currently lives out of town but is hoping to move up to retire.
Councilman Desmond stated that this is not an accessory use incidental to the primary use. This is not listed in our current zoning so it would not have been permitted under the current zoning. We are trying to add solar farms to our zoning with regulations. Supervisor Staats asked Mr. Irish if this is 100 feet from the road and if they are using 20 feet for the side yard setback. It appears on the map shown that they do not meet the proposed side or rear yard setback as it is in the current zoning which is 20 feet from all adjoining property lines.
Mr. Irish did suggest height restrictions for solar farms. Supervisor Staats said that we would have to have a public hearing on the exemption and this would delay them even more, because we anticipate passing the new Local Law on October 3rd.
It was suggested that they could request an area variance for the side/rear yard setback starting at the ZBA Application night this Thursday.
- BUDGET AMENDMENT: A budget amendment for the Highway fund for additional money received NYS for paving in the amount of $10,611.11.
A motion was made by Councilman Desmond, seconded by Councilman Gildersleeve to approve this transfer. All in favor. So carried.
- BUDGET/ZONING WORKSHOPS: The Supervisor set Tuesday, September 13th at 7:00 P.M. for a workshop to discuss Local Law No. 2 and the 2017 Budget.
If needed we will meet again on Monday, September 26th at 7:00 P.M.
- BAR APPOINTMENT: A motion was made to re-appoint John Gall, Chairman of the Board of Assessment Review for a five year term, 10/1/16 to 9/30/21 by Councilman Gildersleeve, seconded by Councilman Desmond. All in favor. So carried.
SUPERVISORS REPORT:
- Supervisor Staats thanked everyone for their work on Community Day, the Village Green Committee, Chairwoman Tami Connolly, Germantown Telephone and Clermont Highway Department.
- The County has been holding budget workshops. Columbia Greene Community College has been using the fund balance so next years budget will be higher by as much as a half a million dollars. The college has been getting good reviews and keeping the tuition down. The tax freeze cap was a good idea for a few years but it makes it difficult for towns and counties. It will eventually have to come to an end.
ABSTRACTS:
A motion was made by Councilman Gildersleeve to approve Trust & Agency Abstract #8, vouchers #18-26 in the amount of $1,756.40, seconded by Councilwoman Brownson. All in favor. So carried.
A motion was made by Councilman Hempel to approve General Abstract #9, vouchers 228-263 in the amount of $7137.42, seconded by Councilman Gildersleeve. All in favor. So carried.
A motion was made by Councilman Desmond to approve Highway Abstract #9, vouchers 101-113 in the amount of $22,857.59, seconded by Councilwoman Brownson. All in favor. So carried.
PUBLIC COMMENT:
Mary Howard: Suggested that the section of zoning regarding Wind Power should be checked and revised if necessary. Also, to consider updating the Comprehensive Plan. She may be able to get assistance through colleges.
A motion was made to adjourn by Councilman Desmond at 8:45 P.M., seconded by Councilman Gildersleeve.
Respectfully submitted,
Mary Helen Shannon, RMC
Town Clerk