Planning Board - Regular Meeting

Okay. Call me to order. Please rise for the pledge of allegiance. Pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. Ryan, it's our show already be up. It is not. Yep.

I was reading Joe Burk's memo that I got through. Okay. I need the folder for the minutes. Under planning. Is it under? Nope. Where are we? It's under my documents. Nope. I'll be right there.

Documents. Yeah. Got it. Okay. So, uh last meeting was October 6th. Uh we had uh 10 mile river preserve activity barn uh discussion about the erosion setting control uh chapter 65 permit and then uh we had approval of a resolution to grant erosion control permit. That passed. Um and then we just discuss a little bit about this uh meeting and um what will be coming up on the agenda. So motion to accept the minutes. So move

secondmber Roman seconded by member Palmer. Discussion. See no discussion. All those in favor say I. I. Say no passes. Right. Uh, next on the agenda is Windale Solar Business. Representative from Windingale Solar here. Octo.

Hi.

Hi. How are you? Uh, welcome to the board. Thanks for having us back. Um, again, my name is Tom Saunders. I work for Rift Development on behalf of Windale Solar. I have Kate Fauis here from Wendell. She's our engineering partner. Um, uh, I'll just give a quick intro as to why we're here. Um, we after our last meeting here, we went before the zoning board of appeals um for public hearing regarding the area variances that are required for the project. So that public hearing um remains open at this time while the secret review process uh is going on. Um since we were last here, we made this uh supplemental submission and in that submission we have included um an updated site plan with some minor changes. um a forestry report, uh our negative DEC parcel, JD, updated storm water pollution prevention plan, uh road use narrative, an updated FEF, an A data statement, updated Caesar as requested, and a requested right away easement um that we were asked to submit as well. Um and we have also now received um the ZBA referral response from the county planning board. Um we received the engineers, the town engineers comments over the weekend. Um and that is um essentially what we have for you today. So I'll open it up to any questions or discussion. Right. Um uh so again you went to the uh the ZBA um and uh they opened a public hearing.

Um can you since you know the planning board is not the ZBA can you give us a sense of how that uh um was there discussion that went was part of that or Yeah, there was a little bit of discussion. Um the questions from the members of the board were pretty procedural in nature. We didn't really get into a lot of the details. Um, and there were some members of the public who came and we also received a few letters from uh the some members of the public as well. So, the cover letter I submitted with the submission is basically serving as a written response to those comments. Okay.

Um, and we'll submit that also to the ZBA. No, the okay I don't refresh my memory but most of the questions were were pretty procedural and sort of related to utility standard right um just the nature of sort of each variance one by one um because we sort of split them out in instead of you know it's just an a lot minimum lot size variance and a setback variance it's minimum lot size variance and six setback variances just discussed that that was basically how that meeting went right okay and uh just Just I guess for the public to understand and just so we're on the same page, um the law that the town board passed regarding solar energy, uh requires a minimum of 50 acres,

correct? Uh this site has 48 28 48 3 acres. Sure. So, um that would be below, you know, what we could approve. Um and then as you correctly stated, it's not a setback variance. It's six setback variances because for each dimension, right, because the local law says that there needs to be a 300t setback, but the planning board can allow for up to basically 25% reduction in that. So in my mind it's a 225 ft setback which um in six different ways those right this project does not meet that. It's

right and that that's due to the kind of irregular shape of the lot. Yeah. You have the figure up right here. So you see the the 220 the 200 225 or 250 foot. It's 250 feet I think. Yeah. I mean 25% off of 300 be 75. So okay 225 feet would be

all right. um what we could uh approve and so just for you know just so it's clear to everyone you know you have uh if you don't have 50 acres we unless there's some other compelling reason like the ZVA says no that's fine then we would have to say we cannot approve your project and if you have a setback of 200 um 24 ft or 150 ft or anything less than 225 then we're just the the law does not allow allow us as the planning board to approve. That's understood and clear, right? Yes. Okay. Yep.

All right. So, um I don't have anything else at this time. Uh just go down the line and then we'll go through the consultants. So, uh member Williams, any comments, questions? No comment. No comment. Okay. Um did you say that the uh public hearing for the ZBA was closed or continued? It's continued. Continued. We can't they can't actually issue um the decision on the variances until this board issues a secret declaration. That's my understanding at least. Right. Okay. Okay. Um so no other that's it for me.

Okay. And I guess so just before we get to member so in going to the ZBA and understanding that we can't approve it um the way it's set up right now without the ZBA saying anything. I mean did you get a a sense from the ZBA what they're thinking in terms of the acreage or the six setbacks? No. Um like I said it was a pretty quick hearing. Um, and they were pretty tight lipped. Um, and no, I didn't get a great sense of that. We haven't received any comments back from that board yet. Um,

excuse me. The media clerk asked that you please speak into the mic. Thank you. Uh, yeah. So, short answer, no, we we didn't get. All right. No comments. Uh I guess we'll start with planner. Yeah. Okay. Um so we've covered the variances. I think we're good on that. What else do we have in the letter here? Um Corey, talk into the mic, please. Yep. Thanks, Marilyn. Everyone, please talk into the mic. They're talking to the mic.

Sorry, everyone, please talk to the mics. I guess I'm not talking to the mic off, but my voice projects, so I don't think it's that much of a problem. All right, let me bring up the AKRF memo uh dated from Friday. Okay, I'm down to comment 11 now, but um just minor a couple minor things like a note um talking about the provisions of section section 145-15. Um we like to have those notes on the cover page just so when our inspectors are out in the field, they have that in front of them. Um, just for the board's note, we're still waiting on word from uh JH Ketchum Host Company.

I did reach out to them and they basically said the board will refer it when they refer it, but I I think I read this comment again and I I realized that you're asking us to sort of put it in front of them beforehand. So, I'll reach back out. Yeah, I mean procedurally when um we go through the seeker process um the J host committee is a private not for profofit that's um contracted that contracted by the town board to provide fire service for the town. With that being said, we treat them as essentially an an interested agency um for purposes of pretty much all of our applications. So, uh, I would, you know, it behooves you to reach out to them early, just like I'm sure you've already reached out to the DEC or anybody else. So, yeah.

Yeah. And just sometimes it's difficult to get uh response back. So, if you can help that along, that helps. Yes. I have made contact with I forget the gentleman's name, but I did. Cool. Okay. Uh we did receive uh an updated CESIR which is the kind of the agreement between the electric company and the proposed solar facility that says that everything is good to go on their end. They've got the proper connections and everything or set up or a plan for the proper connections set up.

All right. And just uh because we don't acronyms are a way to keep the public out. Uh the applicant has stated that a coordinated electrical system interconnection review or Caesar as you said earlier um with nice is currently underway. Correct. Okay. Thank you. We have the Caesar. Yeah. Completed. Yes. Yeah. It's just when you say Caesar, when you say Caesar, you're talking the same language. Everybody else is like, "Yeah, sure. Caesar, right? Okay. Sure. Can we plug this in? How much?" Right. Yeah. But Caesar can mean anything.

Can be a salad. So, please continue. Uh so I think the thing to note uh was one of the new submissions was the tree survey which we asked for before uh in lie of sorry not a formal tree survey they did a for foresters report that estimated based on sample areas how many trees above a diameter of 6 in uh were on the site and then how many would be potentially removed. So AKRF flagged that, you know, they estimated that there was 720 trees of that size or larger on the property and that 380 of those would need to be removed, which is like about 53%.

Mhm. So there are sighting conditions for these solar farms which say, you know, they should generally stay clear of prime farmland. They should only have minor tree removal if possible, things of that nature. So, I just kind of want to bring that up for the board to discuss as a part of this application. I mean, it in the code it says that we can um request a formal tree survey still if it's more than minor clearing. I'm not sure that that would tell us much more though than what I mean it tell us specific trees, but it

wouldn't tell us so much more than the foresters report. So, I mean that's up to the board if they want a more detailed tree survey. I I mean I'm not going to speak for the board obviously, but I mean I know when we did our first sitewalk, who was there for the first sitewalk? Tom Holmes was Yeah, member now town board member Holmes, but he was a member of the planning board who is a forester. Um was of the opinion that it's a bunch of like just scrub trees, not very high quality. Yeah. He was like, you know, it was most of the site was it seemed it was the I don't know if you have the plan. up. Yeah, I think the um there was that section on the top left there is

Yeah, I think as you go down that hill side here. Yeah, kind of that boxed area is is where most of the trees were cited at, right? Uh there's uh there's a there is a drawing that goes to the forest like um removal of vegetation. I thought There we go. So the dark gray area is doesn't mean that's all trees. It just means that's what gets cleared. That's what's getting Yeah. Right. Yeah. So the section right here is basically that field. Yeah.

Right. Okay. Um but yeah, this is a lot of just like brush is my recollection. And then as you got got into here, it was a lot of just, you know, I don't know how to describe him. I'm not a forester, but overgrowth. Yeah. It just wasn't like it wasn't like, "Wow, look at look at this hundredyear maple or oak or anything." There was nothing like it was basically farmland that they stopped farming 20 years ago or something. Yeah. If you if you look at the forers report, the general observations section is kind of where he describes the site in general, right? He describes sort of two distinct

areas. northwest corner which which he mentioned is what he's calling um areas of second growth evergreen forest dominated by kind of northern red cedar that are mostly smaller than 6 in in basil area and then that's actually a very small sliver of that northwestern portion and then basically the remainder of it um he is calling uh back over in the evergreen forest the remaining areas of the site which included the majority Both the area disturbance and the buffer zone are characterized by dense scrub shrub made up of primarily invasive common buckthorn rose grape vine and other high vine species. There's some standing dead ash. There's a couple of living ashes that are left but expect those to probably be dead relatively soon. So that's kind specifically that some of that brush is so thick you could not walk through it. You would need to brought his machete,

right? Sure. Okay. Okay. What else? What number should we be on now?

Oh, I'm a lot of these have been taken care of. Um I mean there's little things like I'm comment addressed. Comment addressed. We're all the way down to 46 now. Um just some minor updates to the EAF, but that's nothing. And then we're still waiting on um DEEC's review of the bog turtle. Um okay. I mean, there's a little bit of a swampy area to on the eastern side of the property.

Yeah, it's being left alone, though. Yeah. Um, we I think we owe you some language on maybe timing restrictions regarding that. Yes. But I think the real thing is we're still waiting on the um water quality certification application. Yes. We're still waiting on that. Perfect. Um, yeah, that's most of the comments. Then any um any responses from USACE which is the United States Army Corps of Engine Army Corps of Engineers. So yeah, comment number 57 um

excuse me it's just I think you're referring to comments that they've given you. So if you could just provide us with those that's relevant to the stream that's is going underneath of the road. Which drains the swamp? Mhm. Toward 55 toward like Aster. Yeah. Mhm. Okay. That's kind of reiterated a couple of times there. Like you said, we got the letter of no jurisdiction from DEC for the W wetlands. So that's good to go. Um, acoustics, there was just a minor followup. Um,

just I'm sorry on that. Like stream is like the word stream is doing a lot of lifting on like that's it's not a stream like what is it? It's an intermittent it's it's it's classified as intermittent sea stream but because it is that way it's draining the army corp still involved with Okay. You're going for a nationwide permit I assume. Yeah. Yep. So, a nationwide permit is one of basically filling out paperwork and it's guaranteed. It says you're going to disturb less than a tenth of an acre, right? If you fill out the proper paperwork. Yeah. So, it's not something that is a heavy lift for them to do. Right. Well, I guess what I'm saying is like people hear the word stream like it's not a real stream, right? It's the moving water version of a vernal pool.

Yeah. This is this is just a this is a grass ditch that drains the swamp. Moving. That's what it is. This is a grass ditch that drains the swamp. But because of that, it's classified. But it's might be. I mean, except for maybe the rain we just had, it's basically been dry for the last couple months. Probably. Exactly. Okay. Has anybody out anybody been to the site recently? Is it that wet land kind of dry or I haven't been since the summer. Okay. Was it dry over the summer? Um or slightly wet? Was a couple weeks ago. Yeah, it was pretty dry. I was there earlier in the summer. Um Yeah, it was pretty dry. Okay. Because I remember one sidewalk we did and it was like I thought you were gonna lose. No, but I another sidewalk we did, I thought you were gonna lose. I thought I was gonna lose a shoe. Like it was the first one we went.

So Okay. First one was pretty wet there. Yeah. Yeah. Okay. And there wasn't a covert that was proposed there before. Now they're proposing one to cross over the stream. Yeah. So again, I'm just like again like when people hear stream, it it's not a stream. what they're doing with the gopher too. So, you know, they have to bury it to bury it six inches or something like that so that it will have a natural bottom so that the critters can crawl through it. That's required by the Army Corps. So, it's not just a stand, but it has a top and sides, no bottom. Yeah, you could do a you could do a larger covert with footings or you can put a buried pipe. They're choosing to go with the buried pipe which is allowed by by Army Corps and they'll put a natural bottom placed within it. Mhm.

So that the turtles and the other critters have a natural path and that's part of your proposal. Yep. Yeah. I did not bring along Brendan, our environmental peritting specialist, and I'm sort of right now, but I'll follow. Okay. A lot of it is more just procedural. Yeah. Honestly, um

same thing with the noise comments. Like I said, um, your acoustics person has said that, you know, you will meet the thresholds at the property line, but there was just he wanted to make sure you were using a couple of correct, uh, assumptions within that calculation. So, if you could just provide a little bit more for that, that would be great. Um, yep. And then kind of get back into We had a lot of reiterative comments because of the nature of how this kind of rolled out. We did a first round of review and then did a more thorough round of natural resources review. So, it kind of loops back to um more natural resources comments, but we've kind of already touched on those. Um, so really the only thing, you know, I mean, if we're looking at the EAF part two and impacts, the only question in AKF's mind is kind of the impact to land and how we're not meeting the zoning requirements and how do we justify such a large setback,

right, reduction, you know, when we just came out with these when the town has just come out with these new regulations for solar array, right? Um, and I think that kind of ties in then to the sighting considerations as well, right? Where you're supposed to avoid prime farmland and wooded areas, which to a certain extent it does here, right? And to the applicant's point about prime farmland, it's not being used as farmland now. So, you know, so then it's not prime because it's not being used right now. No, I mean technically the soil is still prime

prime, but I think in his letter, you know, what if nobody's using it? Is it um is it do we want to keep it off of any other type of developments? How do I say this? Do we want to stop any other type of developments because it could potentially be used for prime farmland? But one of the benefits of uh solar is that that can go away in the future and it could be prime farmland again. Yeah. Yeah. So, it absolutely will. Those are kind of the is temporary. Okay. I mean, well, the clearing of with other solar panels and then it's always a solar farm.

Yeah. And the clearing of the trees would be permanent, you know. So, there is that which following your idea to it end would make more prime farmland eventually if they Yeah, that's true. Yeah. Yeah. Um but though it's a considerations for the board to weigh. Um and I think that's about it for AKRF. Okay. Thank you. Uh anything for engineering?

Yeah. Um went through they did a uh a pretty thorough swift but there's some concerns I still have. But more importantly, I want them to address the comments of the chapter 65. So that that's documented because it's separate from what you're used to doing in NOI, which is a notice of intent for state storm water permit, which is what they're designing it to. So I gave them the summary of the things that are missing and stuff. So what they've done is they've uh taken this the gravel drive and they're super elevating or sloping it to one side so the water will go on to one side which was suggested and DEEC has acknowledged I don't want to use the word acknowledge but has stated that gravel drives are basically pvious and not impervious in nature which is really not what we engineers would do in a normal drainage. study, but that's the DEC, so there's nothing we can that's their permit. However, um on the site, all the water is going to flow to the nor north side of the proposed drive, then down in a swale, which will then drain to a culvert, which is, I believe, a 30-inch cover underneath the road where the intermittent stream slashditch is located. My concern is that all is going to flow straight through based on their calculations about 8 feet per second velocity across the culvert down a short distance to the state highway. Yet there's nothing in the report of what's happening at that point. Um what's the capacity at root at the state highway? Is it going to cause a backup or flooding? We had that situation very similarly. That's why we're very careful about it on the

previous solar farm where everything went through 22 and we we had to fix it during construction which we did. So we're being a little bit more conservative to look at this going we're technically from this their storm water report there's no increase in peak flow because of the state's allowance to use gravel as if it's natural soil. But in reality there will be an increase of velocity right

and increase in flow which our chapter 65 allows but it's not supposed to cause any bad or negative effect. So I just want to see what the effect is at the state highway and to provide some type of energy dissipation as it comes out of the covert and running downstream toward the state highway. Right? So that we're not getting the 8 feet per second which could easily go up to 10 or 12 feet per second which is a high anything over 5 feet per second is a highly erosive velocity and can cause uh erosion to the banks right

and there I mean there obviously on both sides there are some there's some hills that would certainly allow for faster movement of water that too th those now what they have done at our request was to add an additional burm Uh the DEC recommendation for solar farms is to place a gravel diaphragm which is nothing more than a French drain but they call a diaphragm but we all know here in the French in our town we call them French drains. They're just gravel placed. However, on a oneon two slope that water's just going to shoot across it. So we suggested and they agreed to put a a burm on the downhill side

so that basically when the water hits the gravel, it hits the burm has a chance to go into the gravel before it fills up and uh flows over. Right. So all of their French drains now will have this berm which will slow water down from the water coming from the solar panels themselves. Yeah. So that's going to help. Right. I mean gravel is not it's not you know it's not concrete cement. No, it's not. It's not grass. I mean, it's not the grass. It's not the grass we saw out there. And using what I just heard from with the fortress that he needed a machete to walk through. If we compare was there now and we've been out there, you could barely walk through. We couldn't even get through that one.

The water going down on that versus the water flowing on a gravel drive will flow at two different velocities. So recognizing that and then they also are providing what's called check dams within that swell. at check them is nothing when you've seen them on 84 in the say right if you see them in 84 you'll see them they're basically gravel looks like a triangle that f up to the so the water hits it and slows down before flowing down and the intent is to slow the water down creating a series of small waterfalls if you want so it either pulls behind it and then slowly filters down to the ground or through the gravel or

yeah as after the rain ends and when it's steep at least it's going over and that's providing a a good reduction in velocity, right? But even with that, I still feel there's going to be a large quantity of water at a velocity going through that cover that should be looked into a little bit and I think it can be. Yeah.

So, that's my main concern with the storm water. And then, um, just some housekeeping on the plans. The report talks about mitigation and phasing. My experience is a contractor doesn't see that book. it gets put in a library somewhere and we've seen this over and over and over where as we go on even on projects of my own if it's not on the two sheets that they carry to the field it doesn't get done well as planner block was just saying about putting things on the so the first the front sheet so the building inspector code enforcement officer

yeah not to make it overly complicated but somehow get some of the information that's within the SWIP report instead of having a note on the PL that refers to the SWIP report that's never going to 103 and appendix B or something have that information either um put in some easier fashion or something into the plans that are easily seen on the site. Right. So that that's B that's just how that's basically my comments. All right. Thank you.

Can I come back for just sorry just I was looking in all these million comments. I wanted to make sure I got everything. So there was one more about the road use narrative. Um we asked for 26 the um size and weight of the construction vehicles and how many I mean it says that daily there would be deliveries but how many and then the weight of those vehicles just to ensure that there aren't um any impacts to that roadway coming in. So, if you could just clarify that piece and then for the board, there was a lot

what the I know I'm not speaking for the fire department. What they'd say is that I mean any roads need to be able to withstand a you know like what you think of as a full fire truck driving up full of water. So, are you talking about the access roads in the site? Yeah. Yeah. So, this was I think being more for the um the roadway the public roadway. Oh, okay. Yeah. Road use maintenance agreement. I thought that was for the road on the site. You're saying that's for the access to the the state road.

I think we were asked for polls and I think what we I this may have happened before I sort of came on board, but I think as far as the road you made was agreement. Um we were going to leave that for a later time closer to approval, right, to iron that out. And then the road use narrative, which I think the planner correctly stated is more regarding the potential for traffic impacts. Oh, okay. Okay. Sorry about that. Yeah. Yeah. Sorry. A little bit of both. Yeah, they're kind of in they're kind of lumped into the same comment, but um

yeah, the only thing I could really see coming out of that I mean it's on a state road um similar to um uh you know we just approved of the road and that you know we had a limitation of not using the county road. Yes, the trans. Yeah, the transco right restrictions we had there. So you know that all traffic would remain I mean because you're basically everything's coming from out of town I would presume. So basically the only travel would be on route 55 or 22 not you know not not having them come over Cricut Hill or anything like or down old 22.

Yeah. And I like he was saying it kind of um talks about traffic impacts. So, I'm sure they're going to be well under traffic impacts rising to a significant level, but we just want to document what that level actually is. And Yep. No, go ahead. Well, I was going to say something else. So, if you I was just uh keying into that same thing. So, talking traffic, where are you with the DOT conceptual approval? Because that kind of keys into what you're talking about.

Hi, I'm Kate Spas from Wendell. Um we are in coordination with the DOT. Um we've gone back and forth with some comments and we've addressed their comments. We're on the final revision and they've stated once we address those comments, we'll have stage two approval. Okay. Are you familiar that the DOT region has changed our entrance standards over the last month? Yep. Yeah. So we've been in coordination with them.

Let's figure out before you get caught. So for the board knows the DOT region 8 had a separate standard for commercial drives from the rest of the state. Within the last month they've changed it to be in compliance with the rest of New York State and they're no longer accepting the standards that they adopted for themselves. So for example, the radius used to be 28t now it's 33 feet. Little things like that. Slope. Okay. The width. The width. The radi. slope. Little things like that are now matching what is accepted elsewhere with rest of the state for commercial property

versus the one that deal region 8 used to have their own standard which is no longer being utilized. Our design incorporates the the standard that is used throughout New York throughout New York. I would just in case. Absolutely. Good. So you could have had the New York State that you could have been using this standard for the rest of New York State. You just kind of got a nice little reduction if you were in region 8. No, you had to before you had to go by region 8. So if you designed it with the state standard, you'd get a comment back your details wrong. Use ours. Now they're saying if you use ours, this comment back is please use the state standard. Wow. Okay. All right. I just got that. That's how I know.

Okay. And then the last thing that I wanted to bring up was comment 39 just kind of speaks to um the setback reductions and views. Um it just for the planning board to think over that you know additional screening could be if you think that sight lines are an issue and additional screening would help that that is something that you all have the authority to impose.

Yeah. I mean, we're going from, you know, I mean, like, like I've said earlier, the the local law is 300 feet. We can reduce it to 225 ft. I mean, if the ZBA were to reduce it even further, it certainly it increases the potential of the planning board to then say, okay, well, the ZBA is allowing that. Sure, fine. But now we're going to need more vegetative screening because of Yeah. And they did provide you know from public viewpoints the they're kind of shown here that you know there's not much of a view. I mean you'll be able to see them but um not sure. Yeah. I'm guessing this is from the top of Boyce Park. Yes.

Uh I mean you could see basically all window from the top of Boyce Park. Yeah. And then they provided um sections in the plan that kind of showed from the adjacent roadways because of the way that the property slopes that things would not that the solar panels would not be visible from the roadways either, right? Um um let me just go back. But there are adjacent properties and things of that nature too. So, right. I mean, right. I think if you have a house somewhere over here in the winter, you're going to be seeing some solar panels. Um, potentially,

most likely. Uh, so, okay. Okay. Yep. That was it then for Yeah, just something to discuss. Yeah, I think that's Thank you. Yeah, you know, I don't think we're at that point of really figuring that part out. Okay. Okay. Uh thank you. Uh so uh attorney Britain.

Yeah. So procedurally um as already discussed so in order for the ZBA to move forward, you have to do seeker as a board. Um you have not received uh back in June you circulated for lead agency and declared this a type one action. You have not received any um you know push back. So you can tonight formally declare lead agency if you'd like. Um just a couple things that while I was listening legal notes I took um ruma the the road agreement if it is going to be required should be considered be I understand you want to do it after and the exact details like the actual form agreement can be you know negotiated after but if it's going to be part of your seeker mitigation you need to have some kind of form agreement or at least some idea requiring xacres over this or have it shown on the site plan um and then for enforcement same with the phasing plan I agree with the engineer they're not going to bring it to the site. And then the every the only thing enforceable is the resolution of the site plan. So if you want to enforce a phasing plan, which a lot of times is for secret mitigation such as avoiding flooding or avoiding disturbing the turtles or tree clearing, you need to make sure it's in the site plan set so the code enforcer if they're tree clearing is unauthorized can go out there. Otherwise, you have no way to hold them to that. So everything that you're doing as a seeker mitigation needs to be done now even if it seems like it's far off at least conceptually should be on the plan in order to get a full seeker picture and then you could get more narrow details later on.

Right. So just uh help us out. What uh phasing are you proposing? Just so we're all clear. So for this site, we're proposing that um all the areas of disturbance be broken up into portions that are less than 5 acres. So the contractor does not need to file a 5acre waiver. Um I think we should have the phasing plan in our SWIP, but we can definitely include that in our plan set as well just to make it abundantly clear um what we are proposing. Okay. And that 5acre limitation is

okay. That's sto the stormwater regulations in New York State. Yeah. even the old one, but uh even more so in the newest ones that just got re reauthorized, right? Limits all sites to five acres. If you want to disturb more than five acres, you got to apply for it's not necessarily going to get a waiver for it, right? If the DEC offers a waiver, they have to go to a twice a week inspection program and they have to have a much more uh hardy uh followup to make sure that the site is is not overly opened and that it's closed as soon as possible. I see. So if possible, if the project can be broken up into five acres, DEEC wants it that way. They do. Yes. Okay.

So that you limit it to five. Does it seem like you're trying to pull one over on the DEC like, hey, we have 500 acres. We're just going to do something a 100 times acres at a time. At that point, you probably would go for a waiver and then you got, you know, I've had many jobs that you do waiver. Okay? And if you got 500 acres, obviously there's a reason for that. But a site like this, the way they're going to build this. Now, when we're talking about open, it doesn't mean completely construct it and then the next phase. We're talking about they would clear five acres and then before they start putting in the solar farm solar panels, they'll have grass growing and stabilized. Once it's stabilized, they can open the next five. Yeah. Meanwhile, they But they would already have like the the BMS and the Yeah, that would all be there.

After you put in the solar panels, the panels don't have to be in. So that that's probably what you're going to be talking about when you do your phasing is not 100% then 100% 100%. You're going to be it's or you could just have the poles for the solar panels and you just install the solar panels later. Absolutely. And the drive there's different ways to get to the five acres and it's just a it's a it's a heavier lift to get not that you can't you probably could get it approved for over five but most solar farms I know stay to the five acre. Okay. Only proposal like 16 acres here. So it's really just three three inches. Right. Four, right? If it was 500 acre farm, we probably Yeah, you're doing four phases. One of your phases is like three acres here.

Yeah. Okay. Just Yeah. Thank you. And that's all for me. Okay. Um having heard from our consultants of uh Burger Block and Britain, anybody have any uh comments, questions?

Oh, okay. Um, so, uh, Attorney Britain, you brought up, uh, considering secret determination, excuse me. Then the next thing to discuss would be um, if we're ready for a public hearing or not,

right? Okay, attorney Brandon, do you have a proposed language for a secret determination? Yeah. Um, I would just, um, the board should make a motion to, um, move to declare themselves lead agency. Um, as simple as as that. And then um, it's, you know, you won't make your determination till many of these issues have been, right, um, resolved.

All right. So, I'll need a motion uh for the uh the planning board to um uh to declare itself uh lead agent for the uh Windingale solar uh project. So, made by member Palmer, seconded by member. Discussion. See no discussion. All those in favor say I. I. I. Any oppose say no. Okay. 6 with one absence. By Britain, anything else for us to legally consider this evening with regard to this?

Yeah. Um, you know, the planner um has suggested, you know, it's time to start talking about public hearing. um if the consultants think it's ready for that stage. It sounds like there will be some like changes throughout the way and I tend to like to schedule them closer to like a determination, but it's up to the board and you're able to start to schedule if that's what you wish to do. I think the plan's pretty well developed to the point that the changes they may make for what I've asked could be incorporated with public comments and not having to be redone. Right. Because the public could come in with comments that would alter the way they handle the the the solutions I'm asking them to do. Sure.

So that we're not just redoing and spinning. But I think the plans as far as I see is that your engineer are developed enough for the public to understand what's being proposed. Right. Yeah, similarly, I don't think anything that we need uh additional feedback on would change the plans themselves necessarily. So, I think we're in a pretty good spot for that. Uh members of planning board, any thoughts on holding a public hearing?

Let's schedule it. Okay. I entertain a motion to hold a public hearing for Ringdale Solar on November 17th, 2025 at 7 p.m. or as soon thereafter as the planning board can hold such a public hearing. Motion made by So moved. Member Palmer. Second by membero. Uh discussion. Seeing no discussion, all those in favor say I. I. I.

Any post say no. and a motion pass 60 with one absence. Uh so please uh someone from uh wind solar need to get with Secretary Vanmillan uh in the very near future for a sign to be posted at the um I think since it's going to be constructed off of 55, there only needs to be one sign off of 55 and not another one off of 22. Right. It's really not accessible from 22. No, I'm just saying if the property does ab butt up against 22, I don't know if you're going to see anything,

anybody you think really affected by it would be driving by it on Well, I mean, everybody who lives nearby is going to get something in the letter a letter in the mail anyway, so it doesn't matter. All right. Um Okay. So, Sep November 17th, um 7 p.m. You're on the agenda. Anything further? If I ask question, I apologize. Are you stayed with the ZBA? What's this? I know they kept the public hearing open. Is it indefinite? Do are you on the next agenda or are you stayed till seeker is done? I think we're stay till seeker's done. That's what that's my understanding is think there be a million were there. Did they say anything about No.

No. But I probably they will make a determination or something by the November 10th meeting. So they do have a November 10th meeting. Yes, we do have a November 10th meeting. But it could just be like well the public hearing is still open. So yeah, it's probably it. Well, they can't close the public hearing till Seeker's done. Okay. So, they have to leave it open. They just could have held off on close um opening it if they wanted. Yeah. Okay. Okay. Anything further with Singale Solar? Just remind you have to have someone pick up the sign from the planning board secretary post it. Just not I don't I don't want you to miss that. is the sign for the driveway.

Yes, you just heard me say that three minutes ago. Okay. But 2 minutes 37 seconds. Responsibility to have someone pick it up from Maryland. Got it. And when would one day we have it ready? Uh we really don't have to post it until I sent the letter out two weeks before. So that's fine then. Yes. So I'll give you a call. Okay. Just arrange that. Just don't want you to go away not realizing you have to do that. Thank you. Okay. Okay. Thank you. Thank you. Have a good night.

All right. Uh, new business. Uh, Denko subdivision. A representative from Danko subdivision that can come to the podium. Good evening everybody. My name is Paul Denko. I 16 Old State Route 22. Here we go. And I'm requesting a subdivision. Separate my house, which is on the east side, let's say, on 2.08 acres. Um, separating it from the 11 12 acres on the opposite side of the west side of 122.

Okay. So, uh, we can see it here. Uh let's go to um Tetris Barcelaxis. See a little better.

All right. So essentially what you're asking the planning board to do is eliminate this little orange arrow and have two separate parcels, right? Okay. Approved. No, I'm just kidding. Sorry. State law requires us to have a public hearing on this, I think, and a few other things obviously to happen, but uh Okay. Uh so just if you give us a little history about uh the site. Um I bought it 23 years ago from Clinton Johnson. Okay. And um I've lived there since until I recently a year ago had a house fire. Yes.

Uh the house is repairable and I have I'm in contract to sell it to a local builder who's going to restore it or rebuild it and live there with his family. Okay. And I don't have the ways or the means to do that. So that's why I'm requesting this subdivision so that I can separate it and yet still keep my land on the opposite side. Right. Okay. So just for the uh the planning board and the public's information. So um how did this stop working? There we go. Um that's the house where the fire was. Okay. And this is a you describe this as a barn type structure. Right. Right.

Uh so the idea is that make it two parcels. the parcel with the house, parcel with the barn type structure. Okay. Okay. Um Okay. Uh so the the structure on the west side of the property um I mean is it only a shed or barn or does it have any habitable space or whole barn? I use it for storage machinery, tractor, snowblower. There's no bedroom. There's no kitchen. There's no bathroom. Third floor, but it's a dirt floor. Yeah. I mean, it's just Okay.

All right. Okay. Um, well, let's go through the planning board members and see if there's any comments or questions. Uh, member. No, nothing yet. Over here, Palmer. Um, nothing. I'm familiar with the property. I live close by both properties. Yeah. So, it pretty much is a barn on one side. Yeah. And wind blows. Yeah. Yeah. You described it quite well. So, that's the only comment I have. Okay. Thank you. Member Williams. Uh, no comment. All right.

One of the bees decide me. Yeah. So, um I think the main thing is, you know, we had a similar subdivision come to us before. So, we just kind of want to clarify that wasn't permitted to have an accessory structure on a separate lot because that was going to be like a that was a garage, right? And a garage is a commercial use not permitted in that residential district. So this, you know, they allows residential and it allows agriculture. So if the barn is dubbed either of those, it can be permitted on its own lot then. That's kind of the difference here, right?

Um and based off of the attorney's feedback, um she was wanting the um building inspector to take a look and do a determination determination of the use, I believe. Right.

Yeah. So yeah, basically what the planner just said. Um so you should reach out to the zoning officer and get ask for a formal determination um of whether or not the barn is itself a primary use um on its own and if it's there to um for the agriculture. Um and I guess to answer some of those questions I was like is it currently being farmed? What's the state of the land? Um is that supporting the land use essentially is the question. Okay.

Um, so yeah, so you should reach out with the plans, explain to the situation. Um, and then once that's determined, the board, the planning board can then review that and decide whether or not, you know, this is permitted in the district. Otherwise, you're going to have to take the barn down.

Yeah. The planning board is not in the business of determining what use is happening on the property. So, we're kicking that back to the building inspector is kind of what's happening. Um, we need a public hearing, which you stated already. Um, there aren't any referrals because this is a basic um, non-reality subdivision. I know you sent back um, the plans with lot one and lot two on there, but just have your surveyor do that um, so that they're consistent with the rest of the plan. Um I believe you showed the water and sewer locations, right? It's just on the one.

Yeah. Yeah. It's not on the other lot. That makes sense. Okay. You have a well on the barn, but it's not it's not in use. It's basically a bucket, right? Well, it's a real well, but it's not it's not in use, right?

Okay. Um, also have your surveyor add the basic bulk and area requirement tables for each lot. So saying, you know, it meets the minimum width, it meets the minimum um, acreage, all those good things. The structures are pre-existing non-conforming. So they're not going to meet setbacks necessarily, but that's not an issue here. Um, the flood plane overlay district is depicted on there. Um, and there's no new development happening, so that's really not an issue as of at this point. But there is the stream corridor overlay, which isn't depicted on there and should be. And then, um, along with that, there's a little, um, insert that we'd like you to put on there that says the that this property is subject to the provisions found in section 145-14. All little

Can I say something? Yeah, if you come to the podium. if you could come up and state your name. Hi, my name is Heather. Um, please talk into the mic, please. You can you can move the microphone. You can move, Dad. I did uh communicate with the surveyor today who's going to take care of all of those items. He did question the item number seven where um they they wanted to see the sewer and the well, they we just addressed that. So, so that's good. Um and so he said he would get right on that.

Yeah, I think there was a the first plan that we got it wasn't clear, but then um we finally got in a PDF and it was clear. So we did see that after everything went out. Who did you say we should reach out to to um the uh code enforcement officer building inspector? Okay. So, it's the the office across the the the space out there. Formal formal determination on whether or not the barn is permitted primary use. Okay. Yeah. It's not that whether it's egg, it's whether it's a primary use, but agriculture would be the primary use. Yeah.

Yeah. So, it's both, but it's a slight word. It's agriculture getting halfway there. Yeah. Exactly. Okay. Yeah. I don't want them to go halfway to get the whole thing. Understood. Good distinction. And is are they going to schedule a hearing or do we have to get this done before that? So, I would recommend the board get this done um do not schedule the hearing yet because you're going to have to take the barn off if the building inspector doesn't believe it's primary use. Um because if it's accessory to the A, then you're going to have to remove the barn or or you have to change your plan. Um, so it's this is going, you know, it won't make a major change, but it will, um, affect the ability to subdivide. So, you should, the board should hold off on scheduling a public hearing.

Okay. Thank you. Thank you. And then the last little piece was I think you all submitted um the short EAF, but if you could fill that out via the online form because there were some questions that are autopop populated in that that were um not checked correctly. Um, not necessarily an issue for the board, but just to make sure procedurally we have the right documentation on the EAF and that the SAF. Yeah. Okay.

Yep. The SEAF is still fine. You don't have to do the long one. It's just a subdivision. So, the short is fine, but just do it through the uh online portal. I think there's one attached to the Dover's application and um it's old and So, if you could use the updated one online, that'd be great. That's it for me. Okay. Engineer Burger, everything is fine. I have nothing else. Okay. Um, is there any Britain? We already

Yeah, I mean, yeah, the only other comment I have is, um, it is an unlisted action. However, I would wait for you for them to come back because we don't know if the ZBA needs to be involved if they want a variance. So, otherwise um and you could uh just at the next meeting uh circulate if you if needed. Okay. Uh having heard from their our consultants, members of the plan board have any kind of comments? Nope. Question.

Uh just uh you can comes back to the podium. Sure. I would just suggest that you look at our zoning and the definition of what agriculture is and that might help with whether that's a barn or not and what the land is used for. Um, in discussing this with the consultants, uh, my understanding is that uh, you can't have a barn on a property where you're doing agriculture somewhere else, right? Barn needs to be a barn for that property. Is that

Yeah. So it's principal versus accessory is the issue. So if it's accessory to if it's accessory to the agriculture like if it only half for example um some codes if only half the lands being farmed then it's an accessory structure and the code doesn't allow an accessory structure is on a separate lot without a primary. So the question is whether or not it's primary for that lot because there's agriculture on it and if the barn could just be on its own a primary use. So that's the code is vague on it. So it's just right. So just the in an example that I think would be relevant if Mr. Danko has uh tractors in his barn for fields that are a mile away. That's an example.

That doesn't count then as a barn for this property in terms of our zoning. Correct. Okay. Sorry. So again, like like I said, read through the definitions and um that might help in your discussion with the building inspector code enforcement officer to say yes, this is a barn and here's why or not. And you had something. Yes. Did you say that there was an option to get a variance for that barn or were you something?

Oh, no. You could get a variance for the barn. Um, but the issue is it it would be a use variance which have I will be honest have a heightened standard. Um, I'm not familiar with the CBA, but it's not as simple as a setback variance. It's a they're rarer to grant, but you know, you're allowed to seek a variance if the zonian uh, you know, if the code enforcement officer doesn't believe it's a primary use. So then you'd get a variance for having the barn um as a pre-existing building. But just some knowledge, there was a similar case that just went through here. Um, and they were denied. It was deemed an accessory structure. So, they weren't able to subdivide it and have the accessory structure on the other lot. They went to the ZBA and the ZBA didn't allow it because like she said, the use standards are pretty to get a use variance are really high.

So, just to let you know what's happened in the past. Thank you.

Yeah. So again, you you make a you know have a formal conversation um you know with the building inspector code enforcement officer you know I'd say write a letter make an appointment uh you know obviously it's serious take it seriously and uh you know he there's two men so I'll say he make a determination that um would come to us uh what they're saying is if you disagree with his determination you can then apply to the ZBA for the variance which they can or cannot uh approve. And then if they don't approve it, then your only other option would be to sue the town or take the barn down at that point. So um so again, we're really at this point the planning board is just kind of waiting for more information from what you do with the building inspector/code enforcement office.

Okay. And please make sure you get it in writing. Yes. Obviously. Yeah. A conversation is not enough. Yes. Yes. That's what I'm saying. you write a letter and he'll write a letter back to you and and he'll copy us on it and then we'll say okay so that is a barn or oh that is not a barn or whatever whatever it is you want any correspondence to be sent to him or her uh you you should definitely copy us uh but all I'm saying is his his response will also be copied to us so yes okay yes it goes to our our secretary Van Millan there so uh okay did you have any anything further any questions for us. Anything further?

Well, there's described do we have it somewhere this information? So, they're available online on Yeah. So, if you just go to I got So, if you just go to uh just go to whichever website you use to find stuff online and just type in uh do NYODE, uh it should probably most likely be the first thing that pops up. So, that's all I did. Um, yeah, the, you know, five letters ecode. Um, so it's e-code 360. So you just type ecode do NY. Okay.

Uh, I mean, it's possible it's not the first link, but you'll know because it'll say do town of do NY or it'll say something else and then it's not that. But you can also go to the website and there's a link there. There's a link on our there's a link right on the website. Yeah. Okay. But uh yeah, make sure it says uh you know the the the web address at the top is ecode360.com uh d1139. I mean that's that's what it is. So um and then yeah I mean that's searchable. So you might have seen me searching for barn. I said oh I didn't really find anything for barn. Let me try agriculture. So

this will all be in the zoning. So sc it's the last uh chapter. should look at the zoning code in specifically. So if it's not in the zoning, it's not relevant. Yeah, there's that. Thank you. There's a whole bunch of uh chapters here. You're interested in chapter 145. Um and then also to some extent, chapter 125, subdivision of land.

Um so again, it's all right out there for the public to see. you know, it it seems like since you're both here, you probably don't have um like an attorney or a planner or an engineer helping you out with this. So, you know, if you have any questions, just please do ask. And um you know, they're I mean, there's an escrow and they're going to charge you for their time, but you're going to pay somebody either your attorney or our attorney, I guess. But yeah. Uh okay. Anything further? Escrow increase. No. I mean, what are we talking about here? Come on. No. Okay.

I I think only if it kind of like somehow it gets out of it's just a it's in the end. I think it's a subdivision of land. I don't think it's it's I think we're fine right now. Have they already paid They've already paid the at least the initial they pay the initial escro, right? Uh it's 1,5 right now. They gave 1,500. If it goes below 50% which is $750, you will get a note to replenish. Okay. Okay. Okay. Thank you. Thank you. Thank you. Thank you.

Right. Um uh release of performance bonds. [Applause] All right. So, the first uh one resolution recommending the release of the performance guarantee Sherman Hill Road 2 family. Uh whereas on August uh 26, 2024, the planning board grants the applicants MCMCC Holdings LLC, Fresh Builds LLC, and Hildbrand Real Estate LLC. Site plan erosion settlement control permit approval to construct eight two family residential structures encompassing a total of 16,320 ft on four existing lots covering 8.6 acres. Clean is a project located on Sherman Hill Road, Do New York 12522 and known as tax parcel numbers 132-60- 762-00-664533 comma dash 660512 comma-6824 uh 2496 comma uh -658497 collectly known as the project site or site and whereas on as conditions of approval of the erosion control permit. Uh the applicant was required to submit five performance guarantee uh performance bond guarantees in the amount of the amounts of $15,717.75 for lot 14, $14,834 for lot 15, $13,83525 for lot 16, $15,457.50 for lot 17, and $1,372.95

for the entrance. And whereas three of the performance bond guarantees were submitted by Valor Construction Corporation relating to lot uh lots uh relating to lot 14, lot 15 and the entrance and two were submitted by Fresh Builds LLC for lot 16 and lot 17. And as a planning board um engineer uh has cons conducted a final inspection of the project site and by letter dated October 7, 2025 has confirmed that all work authorized under the permit has been completed and all provisions of the permit have been met and whereas pursuant to town code section 65-11 subsection C, such performance guarantee shall continue in full force in effect until a certificate appliance shall have been issued by the authorized official after such consultation with any agencies. These are individuals that he deems necessary to ensure that all provisions of this chapter and of the permit have been met. Now therefore be it resolved pursuant to town code section 65-11 subsection C, the town of Dover Planning Board hereby recommends issuance of a certificate of compliance and subsequent release of forms guarantee uh submitted to the town by the applicant. Okay. This resolution is being offered by

so moved. member Palmer, second by second member. Uh discussion Ber if you just uh they've done everything that they need to do with respect to we've been out there a few times and it's it's all cleaned up and ready for them to start moving people in. Okay. All right. Any members of the planning board have any comments, questions on this resolution.

Right. Resolution recommending the release of the porn guarantee Sherman Hill Road to family. Uh, Secretary, if you could please call the RO. Member Williams. I. Member Vano. I. Member Roman. I. Member Palmer. I. Member Luredier. I.

Chairman Cine. I the resolution adopted 6 with one absence. Okay. Uh resolution recommending the release of the performance guarantee LWF LLC farm pond. Whereas on August 26, 2024, the planning board granted the applicant LWF LLC in a road control permit to allow the construction of approximately 1.75 acre agricultural pond located at 293 Dober Furnace Road identified as tax parcel number 7061-11-094952 known as the property and whereas a as a condition of approval of the road control permit. The applicant was required to submit a performance guarantee in the amount of $14,450. And whereas the planning board engineers conducted a final inspection of the property and by letter dated October 7, 2025 has confirmed that all uh work authorized under the permit has been completed and all provisions of the permit have been met. And whereas pursuant to town code section 65-11 subsection C, such performance guarantee shall continue in full force in effect until a certificate of compliance shall have been issued by the authorized official after such consultation with any agencies or individuals as he deems necessary to ensure that all provisions of this chapter and of the permit have been met. Now therefore be resolved. Pursuant to town code section 65-11 subsection C, the town of Dover Planning Board hereby recommends issuance of a certificate of compliance and a subsequent release of the forms guarantee submitted to the town by the applicant. Resol resolution is being offered by so moved

Palmer second by member Roman discussion. All work is done. Looks done. Okay. The jer's already using it so they're not waiting for release of right. Sure. Now this we need to find we need to find the deer bears are climbing over the fence and okay cool just remind me and the board this was we approved the pond it wasn't deep enough so they had to make a bigger pond was that right basically they didn't get the groundwater they thought okay and as such the pond the surface area was smaller than they hoped right so they came back out and enlarged it to a larger area yes

and uh they provide enough room so they could even go further. So, they did a pretty nice job. It's there were some field changes to get what they needed, but Don and I went out there and made sure it was in spirit of what the approval was and they cleared a pretty good area. So, it's not just the pond that we're getting water, it's also the field that's going to grow food for them. So, the deer are going to come down for not just the water, but for grazing. Gotcha. Yeah. So, it's a gigantic large grazing area and and pond. It looks really nice. Gotcha. So, they did a nice job. Another bear there for the deer also or you seen the bear?

The bear? I don't know. They just jump in there. I don't know. They jump back out too. But I don't know. I don't think the deer there are scared of those bear because those deer are huge. They are. They're like moosees. I think the bear run the other direction when they see the deer. Yeah. I remember when I first went in going along uh whole sapp road and just they were near the fence and I slowed my car and looked at them and they just looked at me and they're huge like a zoo. Yeah, these are just like they're like whatever. They they are not scared of you. They are red stags. I think what I think they're red stags.

Something like that. They're huge. They're not the little tiny thing you see crossing the road. Okay. Would you drink that water? I don't know. Right. That's a good thought. On a middle on a middle of August afternoon, probably. Yes. Feeling that a bear based it also. Oh, that's true. Okay. Resolution recommendation guarantee. LWF LLC Farm Pine. Secretary, please call the RO. Member Williams. I. Member Lano. I. Member Roman. I. Member Palmer. Hi. Member Loropetier. I chairman Cine.

I. Resolution passes. Secure with one. [Music] Okay. Uh since uh the first Monday of November is the day before election day, we do not have a meeting on November 3rd. So our next meeting is November 17th with a deadline of August October 29th, which is 9 days from now. Uh we will have a um public hearing on Windingale Solar and anything else at this point? No, just the uh calendar for 2026. And the appointment of the consultants for 2026,

right? Okay. Right. Uh and then we have a meeting on December 1st uh with a deadline of November 12th. Mhm. Any further business before this planning board? Okay. I'll make a motion to adjurnn. Seconded by second number. All those in favor say I. I. I. We'rejourned.