Planning Board - Regular Meeting

I start over. Yeah. Thank you. Thanks. Okay. Motion to approve minutes. Minutes. Second. Anyone? Second. Second. Greg. Any discussion? All in favor? I. Okay. Okay, I'm going to add to our beginning of our me um agenda here to approve Kristen's voucher. Motion motion Brad second. Scott, any discussion? All in favor? I Okay, now to move forward, we're going to make a motion to put one and two as four and five and move three, four, and five up. So moved. So moved by Brad.

Second. Second. Norm. Any discussion? All in favor? Okay. So then we're starting with number three. Starting with number three, which would be one Bible fellowship baseline road special use permit. Ron, is that something you want to talk to us about or?

Sure. So there basically is landing the church area is much larger. The front church is located and the special use permit item three actually item four which can be solved needs to regard the senate. U cemetery 6 and the church is sitting on an RE that parcel is a bunch of R1A zoning ready. So it's really spot zoning it. But when the request came in, we put the request through to reszone both cemetery parcel parcel to R1A. That may fall up to you guys if you really want to do that. You may only want to zone the rear parcel R1A because that would of prevent future cemetery coming all the way out to baseline road and it would it would mean there's one parcel. They'll have to merge them together but there'll be one par parcel but they would actually have split zoning. Correction there is there is only there are two particular deed properties. one is a single one that is a separate entrance off of baseline that was separately deed apart from the church uh we pay normal taxes. The point with that was at some point perhaps we would

sell that. It's enough for a lot for one lot. But the deed property that we have uh for the cemetery, it's one acre out of the like 19 or 18 acres. One acre to be set aside for the cemetery home.

Oh, not the whole incorrect. That was what some of the neighbors were concerned. It's only that one. You need to have at least an acre of property set aside. And that's all we have set aside. What is in the drawing behind the barn is the that's all that is cemetery, not the all the property. Nothing's going across Baseline Road down the front of the church. It's all behind that one acre section. That might be a secondary snag because R1A is 50 acre my middle. So um so go ahead. Do you mind if I comment? No.

So it's it's kind of a little bit of a pick up in the code. Um because you are allowed a house abortion at any code. There is no distinction made. Um the the cemetery accessory use is only allowed in R1A. So it's kind of one of those things that never really got fixed in the code. We don't get a ton of cemetery um requests, so this probably hasn't happened in How long you've been here? 20 years.

In seven years on the planning board before that. So if you haven't seen one in 27 to 30 years in New York State, it's it's up to the planning board up to the board, the town board to decide if they'll senator. So So beyond that, go ahead. Finish.

Um so I did I did refer this to zoning board. think this is a kind of a snap in the code where you should allow cemetery as an accessory use on any church property going forward because that would have certainly solved the problem here and I think that problem may come up again in the future and the other part of it is I would personally I would prefer it was an overlay and not a special use in the future so you don't have to reuse cemeteries to special use it every year because theoretically we probably don't want to pull that so um I think to to [clears throat] approve an overlay would be a way better cleaner way to do it. Giving up the service.

We we know that in 27 years we haven't seen one. So, it's kind of like one of those things. It's just we're not prepared to handle it. So, we're trying to get through the quickest way we can because he actually has a customer in line to use his new facility. So, we want to get that started instead of mopping it up and trying to go backwards and go a different way. We just kind of Sure. What's your name? Uh Kelvin Ben. I pastor the church there. Did you get that, Kristen? Yeah. So, I'm looking at this. So, this is parcel one and this is parcel two. No, you said that all that's all one parcel. All one parcel. Parcel two is to the left there. That

this thing that is that is deed separately. That's that's the second de. So this little that right there is a is a separate D. So this is all one. Correct. Okay. And this is two. Correct. The cemetery is going to be on the the one side. Correct. So is the big parcel three acres. The big parcel is about you say one by five. I was just trying to zoom and look. Is it? So they have it's multiple there. Without a doubt. They own about 28 combine both dated property. Well, this one's 700 by

We're just looking at So, wait, but the part the cemetery is going on the main parcel, right? Correct. So, this little piece on our left by 900 there. So, we've got the three acres on the main parcel. Unless his his statement was they only want to reszone an acre of it to use for cemetery. What he's trying to say is they only want to use this they only want an acre large cemetery. Correct. He's not necessarily saying resone the whole thing. Am I right? Whatever is best, right,

for for the island, for the neighborhood. Not looking to have a subdivision back there. uh figured you know if you're reszoning that will kind of be a comforting thing to the town. Um but uh there is a zero plan which I've spoken to the neighbors which say happy most people their mentality when they got the letter um not most uh was concerned they thought the cemetery would be all down front of right uh which it is not that's typically what you see with the church this is behind the out of sight um

just a oneacre section by the time one acre was ever full, there'd be about six generations or more before anybody would see that. Um, it's just a desire and it would be fenced in. So, what what is the big parcel zoned as um I think it's all part of R1D.

It's currently an R1D subdivision that happened. Then that's when actually the church bought when you guys actually saw it as a planning board. I don't think any of you guys did, but I did. I won't. Yeah, that was an R1D subdivision. It was an extension of the frontage lots that are right there on around the corner from it and could not happen because of constraints on it for development that way. And he would need an R1A required an R1 or not required. Cemeteries require R1A zone. Yeah. So is there a problem if we zoned the big the whole parcel not his little separate piece R1A then you get in a special use permit right that's

and then did did a cemetery overlay or you don't have a cemetery they're right they're they're trying to evaluate that code change for the future but right now and honestly to to the point you brought up sir with um you know people saying oh you know what could it mean actually going to R1A makes even lar Let's use the word you brought it up and subdivision won't happen in there. Plain and simple. But you brought you know that to that point a suddenly goes to big lots

threeacre minimum lots. It's almost the best of both worlds that locks it up and says you couldn't put something in. You know it it really wouldn't harm you to have the whole parcel zoned that way. the the uh truth be told, the the the next step, really the final step that we would ever desire is to put um next to the church going this way like a a gym fellowship hall with a few more classrooms because we're it's a good problem, but we have 215 in there on Sunday mornings and we have six new babies and two coming. Um so classrooms are tough. It's a good problem. 60% come from off the island. Um, which is great. They [clears throat] go to lunch afterwards, whatever. Um, but there's that's the only future desire would be to have something next to that pavilion that is already existing. Uh but I mean if we were to go R1A and he decided or the parish decided let's take a 100 ft next to that existing house and cut that parcel off and make that a big parcel that would meet the 3 acre minimum and sell that off as a house.

But we're not selling No, no, no. I'm just saying I'm just hypothetical. Hypothetical. Do you know what I'm saying? Yeah, but that's one versus It would be one house. eight TS at 80 by 160 and pie it up in you know right I said I know the history of the development of that parcel it's challenged to be able to oh yeah I remember Luis Farerraami I first rented it came to so is there is there I I think the R1A is I'm sorry they need 140 ft of frontage on right so if he were to take 14 hypothetically we're all R1A he takes 140 foot of frontage and runs a line straight down and sells that flag lot off and somebody goes builds a house there. How bad would that be for the neighbors? It wouldn't be bad at all. One house.

One house. Yeah. So, I said going to R1A. Actually, you wouldn't have I don't think you'd have enough room to keep subdividing out. Plus, they're talking about they wouldn't kill any expansion. You just if the whole thing is our stops the cemetery from coming all the way to baseline. [clears throat] What is the problem with leaving it the way it is and uh just approving a cemetery like New York State says that the town board agrees to put a cemetery on property that can't be reszoning. They have to do some type of resoning to allow the cemetery.

So we can't have a cemetery R1D. Okay. So if we leave it R1 can't have leave the church parcel all the way back as R1D which is what your zone the back I think is what cemetery would have to come all the way out the building currently is your your parcel on baseline 100 dead people in there be quiet that's not very likely what's that sorry

the only other option would be a zoning use variance that allows a different use of a parcel, but they have to financially justify that to get awarded that, which is not very likely. Tom, what's your you got any input at all? Nothing. Would you rather R1A? Is that bother you? Does that eliminate putting gym or something? I mean a fellowship hall for me. But I thought you were going to put the fellow in the front, right? That would be next like where that pavilion next alongside the church.

The only way R1A would affect you by any way, shape, or form is if you decide to just stand your parish and sell it off and break it up. Oh, that would be the only way that R1A would back. Zero desire for that, right? I think that's the way to do it. And if he does do the fellowship hall, he's going to gobble up the baseline frontage. So there's never going to be a cemetery. He's going to go, if anything, he's going to go back. Yeah. Right. He's not going to he's not going to put a cemetery here and then try to put one over here. He's going to put his fellowship hall in this space and probably more parking and gobble up. There's a pavilion right next right

and gobble this up. If you were to extend the cemetery, you're going to go back and across. Correct. you're Yeah, that's if you have that much demand for for that. Well, we do have a we do have to put a fence because people are saying to get in, but no. Yeah, I think I think we That's funny. So, do we want to make a motion to reszone this to R1A and would that satisfy building to then then he could do a cemetery?

Okay. Ginger, we want to I know we it's probably not something legal, but can we say we wanted R1A without any cemetery use along baseline as a condition and then you guys changing [clears throat] your idea? So you current none of these parcels are tied currently to the church. They're each standalone. When I originally bought the bought the church, it was about 3 and a4 acre lot all across front of baseline. Yeah, that's correct.

Then we bought uh 17 I think 17.1 acres behind it. There originally were eight separate deeds went to Mark Frenzil. We combined them. Uh we put the built the barn on the one part on new property. We combined and made two separate deeds. So the church or the church property and behind it is all one deed and then the single there's a single lot that's a separate this is de this is all deed one. [clears throat] This is D2, correct?

So, you're looking at the property to the left. There's a a vacant lot. You have two homes and then a vacant lot. We own that 80 foot wide by whatever going down. That's deed separately. Uh, pay taxes, all that. That be deed it separately. If for some reason at some point, you know, we thought, well, that could be another entrance going into the property. The last thing I really want to do is put a road in between two homes. not not cool. So not neighborly if I would say put it that way. Um that was deed separately so that at some point in time we could sell that.

So back back to Bob. So if we keep the parcel A the big huge parcel with the front edge on baseline and and make a recommendation that that all be R1A and then he can put a cemetery there. Correct. I don't And we're not going to touch the separate B parcel. We're going to leave that as it is. And at some point you wanted to come back and add it. That's down the road, right? Or whatever. But it's separate. It's right. It's a separate deal. Does that sound? Yeah. Right. So, I'm going to make a motion that we Does that Does this lot have frontage on baseline? Yeah. Right.

It's got a separate entrance from baseline. It's a It's a It's a sewer lot. I thought this was a house. There's no home there. There's no home. It was a right away for sub. So, so this isn't a house. This is part of their land. Okay, I gotcha. So, this piece is like this. Yeah, like that we own right behind those homes. Okay, that's B. And I'm going to call the large parcel A. Correct. So, everybody follow me there? So, the what's looks like a house in front. There's really nothing there. Right here. Which one? Right. And that's his that's like a shorty flag lot. 80 foot.

But that's B. We're not touching that at all. That stays as is. We're only talking about the great big parcel with the little piece out here along baseline, which the church looks like it's taken up. That is one parcel at this. That's all one parcel. The big giant parcel. [clears throat] Yeah, I would I would make that recommendation. change that whole parcel to a do we need to say anything about cemetery use or just No, because it's approved allowed use. Okay. Oh, it's in a it's an allowed use for the special use permit. Yeah, you guys want to make So you guys are going to handle your special use permit however you're going to handle it.

We want to make a recommendation respect to the application zoning and the application for special use. So, we're going to do res we're going to do the resoning first, right? Or what doesn't matter. Doesn't matter. All right, let's just do the Well, we kind of skipped. Let's do do three. We're going to ask the town board to do the special use permit for the cemetery on the large parcel A. What I'm calling A. Is that a requirement? to have to have a special use permit. Requires special use.

Everyone on the town has a special use. Currently in town law, cemeteries require special useful. I never seen them come up for renewal. No, just currently in our code itself before special use is invented. Why don't we make a recommendation to not have think they're not useful? Well, I think they're doing that in the zoning. They're doing that in the zoning committee. It's not there right now. It's not there yet. That takes longer than this action's going to. So there needs to keep this guy rolling forward. We're going to make it. We're going to approve. We're going to recommend approval for the special use permit for the cemetery. That's the motion. Second. Second.

Second. Scott, any further discussion? All in favor? All right. Then that's that's three. Number four, we're going to make a motion that you go from R1D to R1A on the large church parcel that I'm going to call parcel A and parcel B will it as is and not be touched at this time just so I would have an understanding going forward so that we could grow like the classroom if that's R1A Hey, is is that okay to build to put a

churches are allowed? So, the accessory structure the only thing that got goofy is your cemetery. Yes, you can build you can add on to that church. You can build another accessory building. You can do it all. That's not changing. Okay, that was my motion. Second. I'll second it. Any further discussion? All in favor? I Okay, sir, you're all set. I'm sorry I was a little pink. Just trying to make it easier for people. Okay. Code enforcement. Are you here? Surfer tops. Yes, sir. Okay. Come on up here.

My favorite developer vendor. Dave, I got to myself. Are you financially involved? We we still got to know for the So what what what we doing? So what we are doing is uh we have a post tool restaurant that is going to go next to um the already newly constructed um Starbucks

Starbucks building. It's going to use all the existing vacancy space right next to it. So there's going to be no more vacancy space in the new building. Um we are proposing you guys see it better. Um a new patio along the edge. We're going to do it with pavers and we are going to consume three parking stalls while doing this. Um but we're going to add a railing and nice landscaping around it. The pedestrians and all that. There's already existing landscaping right there as well. So just this little just this little front corner here, correct?

Yep. Just this little front corner is what we're changing. Uh these are existing bike racks that are right there. Changing the existing sidewalk just basically just putting the pavers in the patio or I'm sorry in the parking lot. Yeah. Everything else will stay. Yep. Everything else will stay as Anybody got any questions? We have enough parking. There's no secondary drive-thru or lane or lane. That's what they call it. That's what they call it. I've done a few of them and they call it there's no there's not enough parking there to begin with.

Well, most of this accessory lot over here um can serve Chipotle as well. Um they've what we've noticed with Chipotle is majority of their customers are actually pickup and they usually just pull in, pick up and go. So there there's usually not usually a high demand for actually diamond. They also did you initially came in with the patio in the front. They wanted the front open for more of the ADA and just more um accessibility because we have flush curbs in the front. So, are these going to be ADAs, too? They actually are currently ADA. Okay. They're just not

They're just not labeled, but they are flush curb as well. Yeah. I went to one on uh transit and it was 90% walk in, walk out. Well, the reason this is in front of the planning board is because the impact stops parking. It takes away three spaces of their ready sized parking.

So, per the code, we we do have an auxiliary lot um temporarily proposed in this area in the future if needed for any additional parking for the site. Um, what we've noticed is that typically parking doesn't fill up crazy in there, but that's that's my personal view of it. And I've stopped out of here a few times and I don't see crazy. There's of course I know uh there's also fourth of July. Oh, yeah. I've never went to Starbucks and seen those parking spaces on site full. No. No. But the the site typically around the site has

Oh, my daughter gives it all her business. [laughter] So, Chipot is going to go in there. Yes. Now, are they going to have a drive-thru or not? No. Chipot I think the one on transit there was no drive-thru and I thought odd but they didn't on military. They must not look for it. Anybody else have any questions? So, obviously it's seasonal for outdoor dining. Yes. Yes. Seasonal obviously for heart region and there's I mean you plan on picnic tables or um I believe they use their standard if they have a standard uh the patio

patio furniture and everything that they use. Um I want to say their square tables actually um with aluminum chairs and everything. Usually matches the heavy Yeah. a big landscape like Starbucks. Yes. Yes. It's actually pretty similar landscaping. They put a lot of flowers out there in Starbucks in that. Yeah. We we always make sure that in front is heavily landscaped. Are they going to have indoor dining? Yes, there's indoor dining as well. So, both places are going to have indoor dining now. Yep. And you're having outdoor dining. So, they're we're talking more parking. We encourage it but it doesn't

I mean just to that point but you know adding to capacity were we looking for more parking or just the loss of the three spots? Well the reason it came forward is because the loss of the three spots already impacts what the parking that they don't have. Does it the plaza as does it throw it out of compliance? Yes. Well, the plaza as a whole currently does not meet park

standard as a whole. There is an area behind the plaza that has quote unquote been reserved for bank parking. It's actually over the stormwater pond, but that's a whole different question. And then they did a an area over by the TOPS express, right, which is also been so those are precluded from future development plans because it is for additional parking should it be deemed necessary or required. Yes. So this project once again is even reducing the total number of spots on the plaza site and furthering their non-compliance by an additional three spots. Remember remember this being plus the seats outside plus the seats inside Chipotle.

So how much is bank total? 100 space 100 spaces aren't yet built. Yes. But wasn't there a discussion we had about snow removal too? That was pushed on to this side. Yeah, they're going over by Yeah, that's we were remember we were Yes. Dave brought up that they were piling it and eating gobbling up the parking. Yeah, I remember that. And the last time they said they agreed to put the snow back in here or even behind the building or pushed over onto this banked area. So, we were comfortable with snow removal. Yeah.

My problem is is Henderson agrees to a lot of things and then they never materialize. Well, wasn't it in the stipulation that the bank parking would come into play as if it was required was needed? The principle behind it such time as deemed necessary. Right. I mean, I've never seen a lot of stuff in here. You know, usually the Dollar Tree is like this and a little bit here. This is pretty. And really, the bank has never gobbled up all them spaces. No, I mean I honestly don't think that that loss three. I don't think it really

I mean if it was 30 spots I'd say it's three spots is motion to approve. Greg second. I'll second. Second by any further discussion? All in favor. Thank you. Can't wait to keep Scott working. Keep Scott working, will you please?

Um I don't know if comp plan was cancelled last meeting. I believe it was cancelled. It was was cancelled. So that's six is out. Um okay. Now we're online. Here's here. I'm here. Okay. Now we're going to local law number four. Can you unmute her because we cannot hear the solar facilities. Can you hear me? Yep. Now we can. Okay. Can you turn that up a little?

Hey everybody. Sorry I wasn't able to be with you in person tonight. Rochester's getting hammered with snow. So, uh I'm a little stuck. So, thanks for bearing with me uh over Zoom tonight. Um so, you should have had a copy of this solar law amendments. Um there, this was mostly cleanup over the last couple of years. Um I did work with the town board to draft the solar law back in 2021. Um, and these red lines or these amendments all come from just lessons learned through the I think four or five projects that uh have been uh permitted under the current law. Um, so in terms of how you want to go through this, do you want me to walk you through the all the red lines? Do you want to just ask questions? Um, what's what's your preference? What's your comfort level? Or do you want me to just give you a highle overview of what changed?

The copies we got were not red lines. Yeah, we didn't know what changes were made. Okay. Well, so why don't you walk us through the red lines? All right. Start in the beginning and try to roll through solar. Solar first. Do I have Tom? Do I have power to share? If you don't, I can give it to you. Okay. Then I can just share the red line. Oh, look. Okay, I can do it. I swear I am not incapable.

Why she's why she's doing that? Briefly, what what why the changes? You said just the cleanup of the law.

Yep. So, um, just lessons learned, uh, over the last several years of going through it, questions that have come up, uh, between, um, you know, the code office, applicants, and things like that. Just you never really know how a law is going to work out until you start applying it. Um and then once the battery issue came up, um there was a more pressing need to make these amendments because the biggest change in the law is um removing the um the battery information from that law and making its own standalone law. Okay. Can you see my screen?

Yep. Yep.

Awesome. Okay. So nothing really changed on the first page. So we added some additional definitions just for clarity. Um you know alternative energy systems applicant and arborist um because there were some requests from uh the CAB about or specific comments about arborist that came up over the years uh through their commentary. um array. As you see, we took batteries out because batteries will be handled separately. Uh back in 2021, battery projects were not being proposed as standalone systems. And now, uh as we'll talk about in the next point, they very much are. Um just cleaned up the definition of building integrated photovalttaic. um included a definition for building mounted systems. Cell uh community solar project being what is our um our tier three systems. Um a clearer definition of what the facility area is. Um we included a definition of what a farm operation is. Um cleaned up the glint and ground mounted system definitions. If I'm going too fast, please uh let me know. But none of these are particularly uh controversial. That's just it's just cleaning up of the uh the definitions themselves. Um I think the one definition that we added was let's see sheep grazing. Um so sheep grazing came up a lot uh with

over the last couple of years. Um and there was some confusion between um myself, the building department, and the town board about whether or not a separate special use permit was required to have sheep grazing. So, one of the changes that you'll see is that if sheep grazing is part of the vegetation management plan, a separate special use permit would not be required for that. Um, but this uh only allows sheep grazing as for two weeks at a time. Um, if there's another What does What does that mean? Two weeks at a time. So, um,

so I come in for two weeks and leave for a day and I can come back for two more weeks. It's at a temporary basis. So, not to exceed 14 days per grazing event. You're not going to have regrowth long enough it fast enough to come back one day later. It doesn't become a sheep farm. B it's Yeah. What stops it from breaking it up by one day, right? Well, is that an issue? Yeah. They they stay too long, do they? Well, won't they run out of food? What's the difference if they stay too long

an extra day? The last time happened when special use convinced the farmer was bringing the food and water right to the solar site and feeding them there. So they ate they ate everything up. They ate everything up and he was using the solar farm as his farm. Yeah. Correct. Yeah. So if it's a two week thing and he can leave for a day well for two more weeks and then come back for two more weeks and just do that all summer. Well because that wouldn't be a grazing event. So if they're bringing food from offsite, then the sheep are not grazing. Okay. Gotcha. Okay. So the grazing event is the kicker then. Yeah. The existence of the sheep being there is part of the vegetation management plan,

right? So it has to be grazing or it's not permitted, right? Because eventually they'd run out of food. So they shouldn't be bringing food on site. Correct. Just water. Correct. Okay. Okay. I'm good. Go ahead. Keep going. Okay. Does it does it say something? Actually, that was a a fair question. So, so does it say anything in there about not preventing bringing food on site? I thought I remember seeing something about bringing food. Um, I don't know if it says anything about preventing bringing food, but we could add. Let me add a note here. Letter N. Adequate food and water provisions must be supplied to sheep at all times.

That was saying it has to be there. But no, we're saying that importing drawing a lot is not having should we add that can't be imported? Water. No, water. Yeah, absolutely. Water food. Well, the reason I left the adequate food there was so that they're not leaving the sheep there with nothing to graze. Is it really an issue that sheep would be left with nothing to graze? I mean, our food. Yeah. No, I mean, is it really an issue that we have? I don't I don't think it's

running a sheep farm on a solar. That's That's the fundamental question is you're saying, is it really a problem if somebody turns the the solar array into a sheep farm? No, I'm saying currently, do we have an issue with with that happening? Would that happen? That's what he's saying. The sheep that are on the solar farms are there for months. They're not there for weeks. H like they got nowhere else to go. So they're there for ever. So he doesn't have like a a farm that he keeps them at then brings them to the solar thing to graze and then once you're done he either takes them to a different solar facility or back to his farm. You're saying he just leaves them at the solar farm.

He just doesn't have anywhere else to put them. So that's where they're at. And right now he just provides them with food and water to keep them content. Yeah. So that's that's what a little bit of an issue. This gives you an ability to write them off for not complying with someone.

Okay. So you you mentioned about not importing adding not importing food. I just added a note that we should consider adding something about preventing off-site food. Um, if that's something that the the board wants. Um, I think I would have to do a little research on my end to see if there's a reason why you would provide supplemental food, but um I I was wondering is there [clears throat] do they eat something on top of the grazing? They do uh if if they have to eat something else supplemental to right if they have to have something else then you can't say they can't bring it in right then I'll be dead. You mean we don't want the

You mean the grazing if I'm if the sheep is there grazing, right? And that isn't enough food to keep the sheep. It would be something like, you know, food supplies in replacement of grazing shall not be allowed on the on it. You know, something to that nature versus, you know, Yeah. I'd hate you can't, you know, [clears throat] how about it's just as simple as the sheep can only be there when they're grazing. Well, it's a it's grazing event. How many time sheep? Are you grazing? [laughter] Yeah. Well, I mean, it's I You're going to look into You're going to look into that and you know what we're what we're asking.

I think I understand what you're asking. You're concerned about sheep being left there um that are not actively maintaining vegetation. So, can't we just limit it to how many days a month they can be there? What if they need to be there? What if they need to be there? Depends upon the size of the lot. I mean, time of the year, weather, how many sheep you bring in? I mean, if he's a farmer, he should know how much you got 10 acres of land. How much what's going to need, right? What if he only I mean, they're not they're not in there grazing during the winter, are they?

No. Well, what if he only has like 40 sheep and you need 80 sheep to do the job every two weeks? So, he would have to take the 40 off, wait a day, bring the 40 back, but she's calling it a grazing event. So, my understanding of how this is done by, you know, there are farmers who specifically um provide sheep to solar farms like that's they sheep live off site and they get trailered from farm to farm for grazing.

My understanding of how that's supposed to work is that they are they section off portions of the facility so that they're focusing on one area at a time and then they're moved with temporary fencing into another area and that that depending on the size of the facility um and the number of sheep takes a certain number of days. From what I was reading, there isn't a there is likely not a community scale facility, which is really all that we're talking about here on the island. Um, that would take more than 14 days, even with only a handful of sheep. So, that was where the 14 days came from. It was a number that I picked based on reading some things from Department of Vagen Markets and Cornell Cooperative Extension.

Okay, hold on. Well, I guess the architectural advisory board could chime in on that eventually to say that the 14 days isn't correct or something or the egg board or something. Okay, let's move on. Let's we'll move on. Okay. Say egg board is has it later in the month. Yep. Okay.

Okay. Uh solar access is just additional um definition. uh cleaned up the definition of a solar energy system a little bit, but the basic structure of tier 1, two, three, and four really didn't change. Um tier 2 was refined a little bit um to be more consistent with New York State uh a markets uh guidelines. Okay,

that basically just allows farms to do whatever they need to do that they as long as they produce up to um only up to 110% of the farm's needs. So, they may have a larger array but still be considered a type two or a tier 2 because of um they're using it on site for the entire farm operation. um specified that the megawws that we are using are in AC not DC that came up in our very first application. Uh that right Norm. Yes. Okay.

Uh tracking system was just uh you know when we did this in 21 tracking systems weren't widely used. Now they're very widely used. Uh wildlife corridor that was something that I can't think came up. Did it come up with this board or did it come up with the CAB? I can't recall. It was I think it was on Emory Solar. Uh the desire for wildlife corridors. Not here. [clears throat] So it was probably the CAB. Um so what what's the talk about the corridor? Um

so because of where most solar arrays are located um there was concern and I think it was from the the CAB about animals having um an obstructed way you know across their natural range. So there were um basically holes in the fencing and uh pathways through the the facility area in I believe Emory Solar and I think another project um to allow things like fox rabbits uh smaller wildlife to be able to pass through the facility.

That's [clears throat] why the fence requirement is six inches off the ground. Yes, there were I thought we I thought we did that. It is. It's in there. Yeah, because I remember somebody was talking about putting holes in the fence and we were saying kids could get in the holes.

So,

wildlife. Okay. Did they put a sign up so the deer know where to go? [laughter] Deer here. Go ahead, hun.

All right. Uh, moving along. Just added a couple of defined uh the New York State Energy Code and building code. Um [sighs and gasps] some of the section some of the additions in section five came from Ron in so that he had some clarity in terms of um for review and enforcement purposes and um we included some additional things in terms of uh what we'd like to see in the application itself uh to make it clear that there is compliance with the state building and electrical code. Um this uh G letter G again just um setting out a little bit better um all of the things that we're looking for in an application. Again, this is just kind through um the experience of reviewing several applications under the current code and making it clearer so that we're getting a better, more complete application up front and not um you know arguing arguing with applicants about what it is we want to see. Um, we added in a uh requirement that they're not going to be uh reflecting light onto uh neighboring properties, businesses, public roads, parks, or other public facilities. Um, I don't believe this has been a problem, but it uh since we were making additions, this didn't seem like a bad one to add in since it is something that has come up in public comments frequently is concerns um that there will be glare. So, just making it clear that that's not going to be permitted. Uh, this was adding in sheep grazing,

saying that they don't need their own uh special use permit. Um [groaning] the rest of it is more of the same in terms of that they that um let's see oh my goodness my brain it just is not able to read apparently the my own things that I wrote. Um the wiring has to be uh compliant with the national electrical code that uh solar arrays that are currently in use uh can continue as they're being used but if they exceed I think it's and routine maintenance is fine but if they start changing things more than 5% of the facility then they'd have to come back for a permit. Um they have to be installed by a qualified solar installer. Again, I don't think this has been a problem either. Um, they need to be accessible to emergency service vehicles. Um, they have to adhere to all applicable laws and the uh and Ron will let the fire department know when these are approved so that they're aware of them. Okay. So, number six is the permitting requirements for tier one solar. Again, this is more just uh cleaning up based on um particularly the building department's experience since um I typically don't see these the tier one or the tier 2 projects, only tier three. Um we had some just language in terms of how they can be placed on roofs and design requirements in general. how tall they can be, where where they can be located on the building. Um there's going to be an emer

and there should be an emergency cut off for any tier one or tier two so that if there was a house fire or something like that, um it could be it could be immediately switched off. So it's not going to add to the situation. Um, for tier 2, these are um tend to be your groundmounted systems that they're not going to have any glare. Um, that going down to screening, just that they're going to be [clears throat] directed at another residential building and they're going to avoid uh or minimize shading of any of their neighbors properties. with the exception of farms. Um that's uh mostly going to be in a residential setting. So uh getting down to number eight, this was something that the town board discussed um when we did a workshop on this about whether or not and this is something that uh the town board's looking for this board's feedback on. Right now, solar energy systems are permitted in a variety of districts, but they we've had a conversation about instead creating a solar overlay district and whether or a renewable energy overlay district so that um instead of having it allowed in all of these districts that are currently listed, it's maybe a little bit more unified around the transmission lines. Um, if I can I'm going to stop sharing for one second because I want to show you where things are located now so you have a better idea of um, you

know, where it would be where it would make sense to do this. What's your definition like transmission lines? Yeah. So, it would be I I have it mapped out and of course I lost my tab as soon as I clicked away. It was brought up before that they said that if they can't get to the grid certain lines, it's was too much money

which are sufficient to carry the capacity of the solar system, right? Grid would have to beef up their system. And if they wouldn't do that, they couldn't afford to pay for that. So they said the that area wouldn't work that they couldn't get to those lines easily. Okay. But look at where the one on Way down by River Oaks. There's no transmission lines there. What? Transmission lines. The whole that one down by the golf course. Yeah, that one's live, right?

But there's no transmission. I mean that's what I'm asking what the definition of transmission is versus distribution which line is more like cross counties. Well transmission is you know usually 115 230 345 KV lines. Yeah. It's all high KV. Yes. And we only have two of them going across the island. Right. Right. Yeah. Down the road. So they were able to put White Haven onto a distribution onto a distribution. Yeah. They tie into the dress of what you're saying. Yeah. They don't tie into the transmission line though, the solar rate. None of the current current ones tie Well, maybe the one on White Haven by Tony goes through it the water tank.

That's Yeah, that one probably that one I think might tie in to by the substation there. You're welcome.

Okay. Sorry about that. That took me longer than I thought it was going to. Okay. All right. So, uh I am no GIS expert, but this is a Google Earth map that I made just so for visual purposes um for you guys. And this conversation is relevant to both the solar and the battery law, proposed battery law. So, um the purple line is the major transmission line going across the island. Um like you guys were just discussing, there is the ability to connect to some of uh the distribution lines. it. But it appears that so these or anything that's orange are the uh permitted solar facilities that um either are in existence or have received their permits and uh will be built in short order. These two red sections are the two proposed battery projects that we're aware of at this point. So, it looks like this section of the island, you know, just the middle of it, tends to be where uh these where the developers are locating. Um, which I suspect means that these are the best the better interconnection points um for them for whatever reason. There must be I mean obviously this one is very close to the transmission line but there must be uh fair uh distribution lines over here and over here for these projects to be located. Um but certainly it looks like along right along the I90 corridor. Um there must be a good uh a good distribution line they're able to connect to. So, um, I guess what I'm asking you guys is if you have feedback about if an overlay was going

to be created, what would that look like? Would it be one overlay, two, and or are you happy with it the way it is now? Do you need more time to think about? I think the push has been more for the overlay, correct Pete? For overlays so that if it doesn't work out, it just goes back to the original zoning. Right now, it's got a pretty hard no to commercial property and all that other stuff. It's got pretty regimented rules, but we know all well and good that there's exception to every rules. more as an overlay. We look at a case by case basis based on the property, the impact to the surrounding area, the uh viability to connect to the grid, you know, all those other things. So, we would look at it less through a zoning lens and more through a practicality and and uh less impactful lens. You understand my point?

So, everybody following that, Norm? Okay, hun. So, are we looking more to go towards overlay? Tom, your take on more towards overlay? Okay, so it looks like we're all I mean, we're not voting at this point, but we're looking more towards the overlay. Ron and Ron and uh

Bob, any input? No, I mean it's rather than you know something you're looking at the letter that's the zoning designation on the partial guess what it can be there versus the more scrutiny of applying and getting an overlay applied to it. Absolutely. It gives you a chance to evaluate more criteria of granting it. So that's [clears throat] it's definitely a way to go. Only comment I would have about an overlay is that makes sense but like the town has a mining overlay and once you place that mining overlay on it, you can't take it off. So you want to do that with batteries once it's got battery

actually can you because that's I mean it's a reszone right the overlay could be removed by action of a board

yeah I mean and I still even with an overlay I still would say a special use permit would be required um it's just b I mean the purpose of the overlay is to steer um developers into I would think you being in closer proximity to some of these other projects instead of spreading out all over the island. I mean that would be the benefit of the overlay because right now um you know and you know keeping in mind that the transmission and distribution lines that you have now may may change uh lines may be upgraded added and things like that there's a huge push uh from the state for all of the various energy companies to be doing the utilities to be doing that. um you know and the variance criteria for these kinds of projects is very the bar is very low. So they could theoretically go outside of an overlay but I like I said an overlay just kind of steers developers towards the path of lease resistance. So if there it seems like particularly along the I90 corridor um has not seemed to have as much uh objection uh as some of the other projects. Um but if there are places that you want to steer projects towards or away from, you know, that's the purpose of the overlay. Um and I, you know, I would need just some more input, you know, from this board. And you know, Bob, do you have GIS services in your office?

Yes. Okay. I need help because my GIS skills are about 15 years actually. Well, we we have limited use or we actually have a consultant that we're actually a professional service we work with. So, okay. Well, either way, I I bet that their skills are better than your attorneys. Well, yeah. Well, I'll get you in touch with with people within our office. Yes. I I just have a question. Sure. Ron, if we have a mining overlay and they don't do that, doesn't it go back to the existing zone or why or why would stay the overlay stays forever? Well, so the board could say action

or they do the mining operation and then you can't take it away because it's been mined. I think comparing um you know a mining overlay and a you know an energy overlay is apples and oranges because okay like that's what I'm asking because yeah I mean once you have a mine you have a mine it's uh you can restore it but what you're restoring it to is never going to be what was there before. Right. Because if the solar thing goes down they've got the decommissioning clause so then it would go away. Yeah. Okay. I got it. It's a truly temporary use.

Everybody good with that? Okay, let's go forward. Huh? Okay. So, um sounds like Bob, you and I will connect on um a GIS and trying to propose. Yeah. See, see if we can help you. Absolutely. Okay. Awesome. So, that's the biggest thing that we're looking for comments from this board for. I'm just getting the law back up and I can um I apologize that you didn't get the red line. I'll make sure that that this gets circulated back uh out to the board after this meeting in case you have any other comments.

You have anything? Well, I do have some comments for I'm sorry. Well, not on that particular subject. Okay. Okay. On the on local law four, correct? What do you got? Well, you don't want to just keep going through. Oh, are you want to keep rolling forward and then we or do you want us their comments now?

If you have comments, I'm happy to to skip ahead to them and uh because a lot of this stuff is uh the changes are fairly minor. We just between sheep grazing and the creation of an overlay. Those were the two big ticket items on my agenda for local law 4. Go ahead, Nor. Um, under section Oh, screening and visual impact. Uh, one second just to get there. What number you pages are not numbered? So,

screening screening visual impact and vegetation match. Under what paragraph? Six, six, seven, eight. Eight 80.

Okay, I'm good. Go ahead, Norm. What do you got? Oh, I'm not there yet. Hold on. He's on six. Seven. Oh, going. Yep. Not as fast as I would like it to be. There's really not a lot of changes to this law. Okay. Right there. Oh.

Okay. Visual impact. Uh one go down to two. Okay, there there are two facility area must be completely screened from all adjacent property lots. To me, that's excessive. I mean, if you got a solar farm backing up to a woods, I was Why do you need to screen that? Um, this was property lines [snorts]

a request from a that came up along along the lines this only applies to our community scale and utility scale projects. Um, I think that the idea is that if the screening should not be on someone else's property because that could be removed. [clears throat] So if it backs up, if the solar facility backs up to woods on its own property, then that's counts as screening. Okay. But if it backs up against somebody else's property who has woods, then you have to go and put screening between the woods and your solar facility on your property. Yeah. Yeah. Right. Which to me is excessive.

Think I think that was brought up with that one down by River Oaks. Yeah. that we said that that wasn't needed in the back because that was I think this is excessive, but there was one that was backing up against the neighborhood sort of the one further down on White Haven. Yeah, we it got approved with an approved subdivision in front of it and there wasn't it didn't meet the buffer, but I'm reading these buffers in front. They're all over the place. the setback requirements and the buffers 50 feet for fencing 400 I thought it was 500 I don't even know where that is [clears throat] uh

you might be able to change this to completely screen from all adjacent occupied property lines

and rather than reprinting this all out can we just get this in a PDF are you guys okay with getting a color file and being able Yeah. So, I mean electronically we'll get it. Yeah. This is just too hard to follow along. None of the pages are marked when you don't even know where I know they came up with the one in a white haven. Mhm. Yeah. We said why do we just wanted to do uh David's subdivision right and the road across the front because there was a couple homes there and then to the entrance remember

and the only lighting was you brought that up to have a light at the entrance so somebody could get in because the gates were locked. So, I don't know. Was Could that be I think some of this came off the that's on the other end of way by the campground. There's a campground on this because they have trails and stuff along there. And now there was essentially no buffer between the campground and and so even though it's not a residential property next door, they had a reason to gripe about Okay. Having people out just you're camping and you're up in the back and stuff.

So why don't we just think of the cost of completely screening a whole solar park. I'm just giving here the occupants are double rows of bushes.

But couldn't you just omit it when you're approving the plan? You just say you admit that it's the problem. It's not center. I think the whole thing on screening is is an overkill. It's very duplicate between sections. Um, and like I said, two rows of native evergreen shrubs. So just the way the landscape on that one here is obviously watching. She's been sending me messages and she said the zoning inform committee has spent a lot of time looking at the solar and the overlay stuff like that. And being that this is zoning change type stuff, it probably would behoove this board to recommend that also be uh reviewed by the zoning committee to look at perhaps and let them have some input as well. It sounds like they already have some.

Okay. I would recommend, but whatever. You can send it. Whatever. We can add it to our motion. That's fine. Well, I mean, are you guys looking Are you guys looking for an approval on this tonight? No, I don't think so. No, just our input. So, I mean, it says on here diminish sight lines from all adjacent property. Well, if my property has five acres of was behind my house. Yes. And you're going to put your solar farm. Why do we need screening? There's nothing there because the screening is on somebody else's property and they could take it away. No. If in here it says you have to screen the solar facility. So what she was saying is that

I can see the camp. If you had your own woods behind it, then you wouldn't have to because that's on your property. They would consider your screening. But if you're considering somebody else's property for your screening, they could take that screening away and then you wouldn't be screened. So it has so they can cut all the woods down in the back on their property and then it and it be open. So that's why they're saying okay I mean you we can always make a recommendation to the town which we've had done even though it's a law we can always make a recommendation say well we recommend they don't have to like the one on White Haven like

who screen it from the throughway no the one down by River Oaks there I mean who and who in their right mind would go behind behind them and cut all the woods down. Well, you never know. They might clear it up for something subdivision someday. So, we leave it and we just look at it at the site. It's a per case per case thing on the site plans.

Okay. We're go ahead. Further down on that on C not be orientated such that they are directed at any what does that mean? This is under screening or visual min. This is on visual impact mitigation. So there uh you don't point the panels at someone's house. Okay. So that there is their house if their house is south of the thing. What are you gonna do? You face south.

It's it's about height. It's about tilt. There is a significant that those panels now move. Yeah, they follow the sun. So some of them do. Yeah, it follows on a glare. That's all in the glare part, right? Well, then it would have to be solar panel don't if they are they're not functioning.

I have I have seen this be a problem in another town. um where panels were put in um they were tracking and uh they the way with that they went with the topography they directed the light directly into someone's house at such a uh intensity that the solar company ultimately had to buy the people's house. So that's where this came from is from experience. should always be um but it had to do with topography and panel and they were older panels and there are things like that but if you don't want this there I mean we can recommend taking it out

and then moving down to F there that's there's that one that tells you completely screen from any adjacent property subject to the limitation set forth in section 802B accomplishes sweetened shall be utilized to a full extent where they advocate may install at least two rows of the native evergreen shrubs. I think that's an overkill. Two rows. It should be maybe staggered. Well, that's why it's too staggered. staggered so that they're staggered screen

like I put two rows behind my house in case they do that project in White Haven and East River and I staggered them, you know, one wall to wall. Those 10 story apartment buildings, but once again, we had to do this around the complete facility. That's a lot. Yes. You're never going to find a developer wanting to do that. Maybe that's the point. What? We also said that we can recommend that it doesn't apply to them. No, kind of like we had Well, that's design standards. I'm sorry. Which letter are we on? We were on

Well, that's already in your law. That's not a change. What? That's already in the law. That's already in the law. Okay. And has been since 21. Okay. What's the animal she got? Um,

so for G, there was a sentence added that uh the the CAB has created a list of preferred native plantings. They just want the applicant to refer to it when they're considering vegetation. Um and then a clarification that vis you they don't have to screen internal wildlife corridors. Um number three was added so that it's clear that the screening has to be maintained for the life of the project. Right now we've been handling that by adding it as a condition on special use permits. um and that they have to submit a vegetation management plan. Uh this is where they would talk about uh the means of controlling uh ground cover, whether they're going to be mowing, sheep grazing or and um how invasive species are going to removed, how uh the plantings will be maintained and any other long-term maintenance.

Norm, did you have anything else? Uh, moving forward to the site plan application V. I'm sorry, I didn't hear that number. V. Letter V is in vector site plan application. Oh, V. Okay.

Paragraph 18. that was already there. Okay. Um I suggest that we add transformer and switch gear to that. You talked about solar panels, significant components, mounting systems, inverters. A big part of it is transformers and switch gear as well. Okay. Okay. Well, luckily 19 is blank.

Yes. And 19 is blank for whatever reason. And under 20, um, such plan shall describe continuing voltaic maintenance. I would change that to electrical equipment maintenance, which would include all components. Oh, she got another.

Okay.

Under safety see a bait removal. But where is this? Where are you? 10 10. Oh, okay. 10. Like number 10. The number 10. Got paragraph 10. Yep. You got section 10. What's where you at? North C. Abatement and removal. Okay.

Paragraph two, the last sentence there. Otherwise, the solar energy system shall be deemed automatically abandoned. what is automatically me should be just abandoned, right? But they don't that they they don't have to wait the 12 months to be deemed abandoned. So immediately I mean

well this is just saying within 30 days of such discontinuence. I don't think you need automatically there. That's my point. Okay,

moving on to paragraph 12. Variance procedure.

Yep. That's all new. Yes. In that sentence, substantive requirements here in relating to the use, I would add use, maintenance, layout, and decommissioning.

Um, hold on. Section 12. What? Long sentence there. Fourth sentence. layout the you what was the word you wanted to add relating to the use maintenance layout and decommissioning that's it

okay then this these changes once you hit the other flow will be redlined and sent back to us. Correct. Yep. We'll we'll recirculate it. The um the other boards aren't meeting until the uh I think it's the Friday before Thanksgiving or Thursday before Thanksgiving. So, it's going to be another two weeks. All right. So, let's roll through the battery one. Okay. Are we We're all set with this. Any other questions about the changes? Anybody have any questions with the solar? Okay, battery. Give me one second. Let me

let me switch. Yes. Well, the problem is we don't know what changes were on the first one. We didn't get we didn't get that copy of it. Did everybody look at Jim Digler's comments? I I brought it. I'm talking about on the solar one, the copy we got, there was no red line, so we don't know what was new. Well, they're going to looking for input going to send it back to us once the other boards hit it.

Um, so the battery law is completely new, so there are no red lines. in um I have not received Jim Dler's comments I other than hearing them in the public hearing, but I know that there were comments that he didn't um read out. So, if those could be shared with me, that would be very helpful. I will send just send it to me. I Okay. Okay. But I agree with all of his comments. I mean, as a starter, I don't think we have to go through his comments unless everybody wants to. Can we get

Well, are you going to go through this just like you just did the first one? Start at number one and just roll. It's a brand new one. Yeah, there's no This is a brand new law. This is all brand new. Yep. I mean, I can give you the highlights of the law if you like. Um, if you want me to give you a summary, I've got my my question is is what is a battery storage facility? Battery storage facility is so basically it looks like um one of those uh shipping containers and or even Amazon lockers. You've seen those, right, at gas stations and stuff, right? [clears throat]

So, it's something about the size of a store of a uh shipping container that has little individual doors

and inside the individual doors are individual battery cells. Um the at times where there is an extra capacity in the grid, the battery system stores energy until points where there is less production. So it you're often seeing them associated with but they're being developed separately from the solar because solar is producing more energy during the day and the batteries are able to supplement that production by taking the excess energy and sending it back to the grid at night. That's I'm oversimplifying and I'm not an electrical engineer, but that's that's essentially how they work. You could also utilize the idea that when the electricity prices are cheaper off peak hours, they would take the energy in off peak hours and store it in the battery cells and then sell it on on un peak hours.

Sure. So they would just like the reservoir. So who operates who operates and maintains these battery facilities? Is it the solar parks? Um so or is that a separate business? So the two um pen well applications to be for the two

um projects that we're aware of that are in development are by two different companies. Um I think each of those companies also develops or I know at least one of them also develops solar projects but they're proposing this as a standalone project not associated with a solar project. Um, the other one, I'm not sure if they do solar, but I know that they do batteries, and both of them are being proposed as standalone projects. One is uh directly across the street from an existing solar array. Um, the other is not. It's just in a it's what's the negative one the one facility itself? Like I understand that they're going to how they're going to try to make more money. I got that.

Okay. Well, what when the facility's there, how's that going to bother probably safety is the biggest issue. That's my concern is how these batteries how's that going to bother Grand Island as a whole? So, why don't you let Bridget explain about the requirements for the types of batteries that are built into the law?

Yes. So batteries have gotten significantly safer over the last couple of years because of incidences that uh you may have read about uh particularly out west and there was one with an old battery system up in Jefferson County where there um was a fire. some of the things that they have done that we've heard from the potential applicants about that I've heard about in other communities from these types of applicants is uh you know one the way that they design the the containers themselves where each cell basically has its own little containment system so that they're they can't run away have a thermal runaway situation um you know the other one of the things that I proposed in this law and um that other some other towns have already adopted. Um, and my recommendation is so the New York City Fire Department has a rigorous testing criteria and system for these types of batteries. The reason being that they are putting these batteries on residential highrises where if there is a fire, there is no way to battle that fire because of how high up they are. Um, so one of the things in this law you'll see for safety purposes is that we're asking that any battery that's being proposed has to show that it meets the criteria. So if it's been deemed safe enough by the city of New York to be placed on a residential building, it is likely safe enough to be 200 feet away from, you know, another struct type of structure. Um, so that's kind of what the the that's what the thought is behind that. But also, you know, we're going to there are criteria that where the applicant is going.

So that's what the requirement is 200 ft.

He drops out or the thing. Oh, she's still there. Her screen is still there. Must be muted though. She wants something ant system. I guess I missed it. What? I saw the picture that Ryan gave. It kind of looks to me like a storage. Yeah, like a storage facility. But do we have

There's one out in Blaze. Do we have like uh they've got to be a certain color or talks about that in here. There was a tone, right?

Okay. Is there like a height requirement? There was a facet's pretty high. Your place went right now. They will stack them. Feet seems a little high. It's like that building down the street from you. The big barn that's got to be 20 feet. Yeah. Looks like a giant wall. Is there do they come in Ron and say that they need to be 20 feet?

No. They just like to they would prefer to just take a whole bunch of area and place a whole bunch of them and they they tend to do them in groups. You know, let's say six in this block and then another block six and then another block of six. For some reason, just the way the units interconnect with each other, you know. I mean what's our what's our like an auxiliary building height is 18 isn't it? It varies from 16 to 21 auxiliary building. So 20 ft's kind of right in there.

Yeah. It's it's not awful right now. There's two different companies inquiring about battery energy storage which was the local pending law got sort of held off. What is they want to do it right where that those green buildings are on Bedell Road by the way? Yeah. Across from this solar farm right there. And the other one looks to be like, is that Tom Raw's property in the back there or something?

Looked like that. Yeah. Yeah. [snorts] We baseline 180.

Where are we saying that we want to put these certain zonings? Yeah. Two on the on the map. is right across wellness right you're in it's probably going to be inations I mean when we first started the solar farms the whole idea was to put them in property that you couldn't do anything with

that was how it started So the property that you couldn't build nothing on, you could never do anything with that had a lot of wetland issues because at that point they were saying that the solar didn't bother the wetlands because it's just a pipe stuck in the ground. It's not like a real like a foundation and all that business back. Sorry, I don't know. It seems and then it seemed to like out of that. Shall we flip through this and just pass on comments while we have Yeah. Okay. Um under purpose and intent there. The first sentence there.

Okay. Where get to where you're at? Page three. Page two. Purpose and intent. Okay. Okay. That first sentence is a very long sentence and it ends um energy storage systems in the town which are independent or ancillary to a new or existing electric generation facility. I don't think you need to that last part there. I I put a period after town because I don't know why we need to talk about ancillary or new existing electric generating facilities.

Okay. My next comment is on page 17 under battery seven, battery energy storage system requiring requirements. Page 17. You said 17 the last fade. Yep. Or seven. Seven. 707. You're open. Seven.

Number seven on page seven. Yes. Item J. Yep. free line electrical diagram detailing the battery energy storage design not layout

and then item K of that do you really mean to have us compare them against the city of New York's requirements for safety purposes I think that that saves the town of Grand Island a significant amount of money and gives residents a peace of mind to know that the battery has undergone on this testing. Yeah. Okay. I didn't know if it was just a carryover because you took most of this from there. They're referencing their established standard which is one of the highest ones. And Bridget, I know we were talking about that before that this this was an exceptional way to bring in a very stringent law that they developed. Yeah, I didn't take this from anyone. I wrote this, but so

sorry about that, but uh I appreciate that it seems like a typo, but it's not. I promise. Okay, very good. Um page 13.

Okay, that's different than like us citing versus writing our own UL standard. There just isn't one. So, this was the easiest way to Makes sense. Application requirements A4. Such plan shall describe continuing vol photovoltaic. I would cross that out and just put continuing equipment maintenance and property. So I would think you'd want it to cover all equipment.

Yep, that's fine. Page 16 under safety item four there uh talks about uh shall have access to such records upon request. a report summarizing all maintenance activities shall be filed annually with the special use permit renewal application. I would add all maintenance activities and operational data. Otherwise, we don't know what if they're up and running or not because there's no way of looking at these things to tell if they're running

and if we're talking about shutting them down if they're not being used, how do we know if they're being used? That's why I say they should submit some operational data on a yearly basis. What operational data would you be looking for? Because I'm worried that that's might be too. Well, I was thinking about output. They must meter their output. Okay. I'm adding a comment. Yeah. How would they get paid if they don't meter their output? Ex

Exactly. And over on the following page, you talk about shutting them down if they're not in service, right? How would we know that they're not in service? They're just sitting there. Unless you take a Yeah, they're still moving parts. Unless you take a thermal gun and go to it and look at it and see if it's never going to know, right? There's a will. There's a way. [snorts] So, please help me to find where is setback requirements and buffer requirements in here. Give me one second since I'm lost in a sea of pages.

Yep. Um, so setbacks are in each section. So for tier two, it's in um section five number three, which is a Are they all the same in all the different tiers? Um no, no, they're not commented on that. Why are they different? Um why are they different?

Because the the size of the battery is going to be different for a tier two versus a tier three. So, you know, a tier one or tier two, you could have a battery pack that is being used on a house. Uh, tier three is where we're talking about the storage container sized uh batteries. So, the setbacks are greater because Oh, yeah. So, tier one or two, tier two is like a power wall in their house. Yeah. I mean, a tier 2 theoretically if it's on a commercial structure could be larger, but usually these are going to be building mounted uh batteries, like a rooftop battery, something like that. So, they are smaller, but they could have a power wall. Tesla has a wall. Yeah. Okay.

Um, but let's just get let's just get into the tier three one. What is the requirements on that? Um, 200 feet on page nine. So, so page nine letter E. So I mean the subtact for this is less than a solar farm where I would think this should be more than a solar farm.

Um the setbacks for this the reasoning for the setbacks on the solar farm is not for a safety perspective. It's a visual impact perspective whereas the visual impact here is minimal. Um so that's the diff that's the reason for the difference in setback. Um you know from my perspective as the drafter but I'm happy to take any feedback that you have these are the 200 these setbacks are still greater than what is in the naerta model law. This is where um Jim Dler had comments on item number three and four and he was asking why difference than residential properties for item four. So I mean Tom, you're going to pass those comments along, right? [clears throat]

It's the same number of feet. So I I don't understand what the comment I mean I haven't seen the comment. So what what's the comment? What's the concern? He's talking about tier one and two compared to tier three and four. They're different because they're different size batteries. They're com That's Do you have gyms in front of you, Norm? Yes, I do. Okay. Can Can I Can I go to page seven? Okay. Then we go to seven and then he it goes N and then he's got Oh, noise impact study. There's a noise impact. There's a noise thing from these Yeah. To add that. Yeah. But is there a noise?

Well, there there could be from a charging standpoint. Yeah. An inverter. I mean, bother people. Yeah. Like how many just like a transformer date. Okay. Yeah. I mean, you have a large industrial transformer. Okay. And then he's got detailed cost estimate for decommissioning. Do we have that in the solar law? A detailed cost estimate? Yes. Yes, we do. Okay. Okay. And I'm just going to roll through any and so the design requirements I could let's look at that real quick. The design requirements on page eight.

Oh no, that's for tier one and two. That's on the standalone building ones. What are the design requirements for that? I know in the solar law we talked about Yeah. Okay. took exception to the location of a tier three battery system. He had R1A. He questioned that. Why would he put one of those in an R1A? Because the lot size. It's a bigger lot. I think you know that kind of goes away if we are talking about an over a general um renewable energy overlay district. So this would be covered by that too.

Okay. And I know we always talked about in the solar law, am I correct, that it was from the footage was from an occupied residence. He crossed it out. That's page 93. Yeah, I guess I would I would leave that leave occupied residents. You think so? Yeah, because that's how we did the solar. If it's from an occupied residence, that's how we determine. And I don't think that's right either. I think it should be from

not just occupied because it's like the issue we had on White Haven down by River Oaks. That's an approved subdivision and then we went and put a solar park in their backyard which kills that development. But who wants to build a house in the solar park 50t from their backyard? I don't that's why that's why I didn't agree to that allowing that to go in there because I didn't think it was right. Yeah, but we did that because the subdivision wasn't there. Yeah, I know. But

maybe he's going to put it in and maybe it's going to sit there for 30 years and be empty like some of these PDDs do. It's still an approved subdivision, but it's never got they never advanced it. They never advanced it. Yeah. They just let it sit there. There's a PDD plan. No farms. Yes. Yeah. I don't think that was a PDD. Was it Bob? Farms. Yes. Yes. Was a PDD? It's a full There's a full set of plans. They just never advanced it beyond developing the plans. So we so when the solar came in, we we said, "Well,

what's first? The chicken or the egg?" We said, "This guy's here going to do the solar." Even though this has got a PDD on it, they've never done anything with it. So if they would have went in and put infrastructure on their PDD, then it was started. then I think we would had a harder time approving the solar thing. But because they did nothing there, we just kind of said, "Hey, this guy's first." And that's how we how we handled that one. You were wrong, but that's okay.

Well, [laughter] I I I And then we we made the argument, what would you rather have behind you if you did develop that area? You're going to have a home with solar thing behind you instead of a house or another. You know what I mean? I'd rather have a solar thing behind me than another 10 houses. Okay. So, are we where we at there, Norma? Well, I mean, talk about unoccupied residents.

Yeah. And that was another thing that was in the the law, too. would said an occupied residence that subdivision nothing was occupied. So we kind of David could have beat us if he would have went and put the infrastructure in and then the town could have never taken the PDD away right at this point. I think the town there's a law in the books that if you don't do something the town board could move forward to pull your PDD. I mean they've never done it historically. It's written that right but it's never been done. I got that. Okay. Are there other comments?

So the step the current setback is 200 feet on this right which is is more strict serve as single. Yeah. I mean, there are um like I said, they're certainly um you know, in New York City, they're putting these battery these what we would call tier three size batteries on top of residential structures. Um a lot of towns have like a 50 foot setback. Some of them even less. No, they're putting a tier three battery storage on top of a house. On top on top of a Oh, on an apartment building. Okay. Right. Yeah. Yeah. So, um you know the set the

So, we're not going to have that here. These things are going to be mounted on the ground storage facility. So, you know, I'm kind of thinking, you know, that quanet hunt we have over on Long Road. Yep. The one that they made, put a face on it so it looked like a building. I think the same thing should be done with one of these. I think it should look like a building rather than just a box. They're small. I mean, it looks going to look more like like I'm sure you have self storage on the island. I can't think of where there's piles of milk. That's what it would look like. Yeah. Storage system that nobody's using. Containers. Yeah. But it'll be I mean it's small much smaller than a building is all I'm saying.

They could they could get there place like thermal fisher things on their roof minimize their

Yeah. depend on what they weigh obviously, but yeah, a lot of structurally, but then that's going to follow the the New York City thing. Okay. Now, is this something that's going to go to the other boards and come back to us again? Holiday in. Yep. Okay. Fill the whole thing with batteries. It's all concrete cell honeycomb like Yeah. wires. So going back to setbacks, the solar law had a setback for wetlands, but the batteries doesn't. Did the batteries have a setback for wetlands? Well, I think wasn't there restrictions on what property can go in?

B1, M1, M2. See, I take the R1A out. Well, it's gonna do that energy over subjective. Okay. Then it would be like like uh Pete said, it would be a per application look at each thing. Okay. Anybody else got anything else? Okay. you need to tell us anything else or you're we're good to close out. Um I I'm good on my end if you guys are good. Everybody good? Yep. Good. Thank you. Thanks, dude.

All right. Thank you so much. Have a good one. Yeah. Byebye. Okay. Communications. I want to say received and filed. Unfinished business long sheriff. Are we going to cover that? Which one?

The comments from Dave. We have to go through that yet, right? I didn't get any comments from Dave. Yeah, there's part of the uh he sent them a

and he asked for to be put into the minutes at the town board meeting. the last one.

So, we got to go through that grass and no removal yet. Dave Shore's comments are already been in our minutes, right? So, do we need to go through it? Oh, we we have to go through what we said last last month yet on the local law number one of 2025. You mean the grass cutting thing? Yes. All right. That's what Dave's comments all about.

Okay. Do we because we're missing three members. Do we want to push It's not that we need to have this done. This is something that we're doing. The law's not going to move forward for a while. and and our comments might go nowhere anyway. So, do we want to push this till next meeting because it's already close to nine, but you and then we're missing three members. I have no motion for that. Make a motion.

Sure. I'll make a motion we table this next meeting. Second instead of discussion. All in favor? I Yeah. I'd like to have everybody in case if you got questions asked Dave or somebody else you can ask for a table on that and um motion to adjourn to do the training session. Oh, you got that. I didn't get it, but we didn't. We were supposed to do a training session because we're not going to meet our four hours. Wasn't told to send a training.

Okay. So send us the training section. If we don't make the four, we don't make it. I don't know what else we can say. Or send us two for next meeting. Yeah. Send us to how many already. We did one last month. Then we did one earlier with the water department or something. Yeah. So we only have So that's two. So we got two more to do. So we've got should do two in December and then we're out. So let's do two next meeting. We'll then we'll hit our requirements. [clears throat]

We done. Motion to adjurnn. So moved.