Montgomery solar project developers seek relief

By Laura Fitzgerald
Posted 11/7/18

Several residents and solar company representatives expressed concern and support for a six-month proposed moratorium on solar projects in the town of Montgomery at a public hearing on Nov. …

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Montgomery solar project developers seek relief

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Several residents and solar company representatives expressed concern and support for a six-month proposed moratorium on solar projects in the town of Montgomery at a public hearing on Nov. 1.

The proposed law would ban all permitting, construction and installation of commercial solar power generating facilities in residential districts within the town without the approval of the town board, which approval won’t be considered without proven hardship.

The law will also prevent the acceptance of any application or grant any approval to any document that includes the permitting, construction or installation of solar facilities in residential districts.

Planning Board Secretary Suzanne Hadden said there are currently three solar projects pending before the planning board, two that have been approved and one that has conditional final approval.

The law states the moratorium will allow the town board to adopt regulations which will ensure the solar facilities are safe and in the appropriate zoning districts within the town.

The public has expressed concern for a solar law that was passed in 2017 that allows solar applications in all zoning districts in the town. Town Supervisor Rodney Winchell said he would like to change the law to require more details regarding decommissioning bonds and Payment-In-Lieu-of-Taxes (PILOT) programs.

Several solar companies urged the board to prevent the moratorium from affecting pending solar applications.

Louis Ruggirello said he is opposed to a moratorium that affects existing applications. Ruggirello partnered with Cypress Creek Renewables, LLC to lease land on St. Andrews Road so his mother could afford to stay on her farm. The project, which has been in progress for three years, is pending before the planning board.

Winchell said he supports small solar farms that are being installed by local residents. However, he is concerned about regulating large solar facilities, such as the 25-acre Borrego Solar project on Route 52.

“There are problems with the solar law, but I certainly don’t want to affect local residents that [solar farms] help offset staying here,” Winchell said.

Joe Shanahan, director of real estate and permitting for Clean Energy Collective, said it would be unfair for the moratorium to affect projects which have followed all the requirements and procedures the planning board has set forth, including public hearings, revisions to the sight plans and more.

“I respectfully suggest to you, in fairness, that the current bylaw, without an exemption for those that have already received local approval and a [negative declaration], would be inequitable and unjust,” Shanahan said.

Clean Energy Collective has a proposed solar facility at 757 Rte. 52 in Walden that has received final approval.

Saugerties resident and environmental advocate Brian Nowitzki suggested the board reach out to a New York State Energy and Research Development Authority (NYSERDA) task force that helps towns craft their solar laws quickly so they don’t need to enact moratoriums. Winchell said he would be happy to reach out to NYSERDA and consider all the town’s options.

Other residents expressed support for the moratorium.

Dwight Warrington, whose house borders the Borrego Solar project on Route 53, said he is in support of the moratorium. While he isn’t against solar, he said it’s unfair to place a commercial venture in a residential or agricultural zone because of the affect it might have on property values on neighboring residential properties.

“I wouldn’t have bought the place [house] with a big solar farm right there,” Warrington said.

Sing Sing, a monk at the Tsechen Kunchab Ling monastery on St. Andrews Road, which borders the Cypress Creek solar project, said he was in support of the moratorium because he opposed the installation of a commercial/industrial array in an agricultural zone. He said he is worried about safety, health and environmental concerns.

Sing Sing said he is also worried about the visual impact of a solar facility on the monastery.

“We are a Buddhist meditation center. We do meditation. So, most people come there and they see, right behind us, a line of solar panels, and suppose there are some other noise, pollution and some other things; that can be detrimental to our monastery,” Sing Sing said.

Douglas Warden, project attorney with Cypress Creek, said the existing solar law, zoning code and State Environmental Quality Review (SEQR) process have ample regulations that protect the environment and the health and welfare of the public.

Solar is low-impact land use, Warden added. It emits no pollution or noise, and the land can be converted back to farmland after the panels are removed.

The 2017 solar law requires all utility-scale solar facilities to be screened from nearby properties, the sight be fenced in and that they not have a significant adverse impact on fish, wildlife or plants.

The public hearing for the solar moratorium was left open.