TOWN OF JOHNSTOWN PLANNING BOARD
TOWN OF JOHNSTOWN PLANNING BOARD
JULY 14, 2020
6:00 P.M.
TOWN HALL
MEETING NOTES
PRESENT:
RICHARD LYNAUGH
ERNEST NIFOROS
ALBERT PECK III
MIKE MCGRAIL
GARTH BRUCE
TONY AMBROSINO
JESSICA WALKER, ALTERNATE
TODD UNISLAWSKI, CODE ENFORCEMENT OFFICER
JACK WILSON, SUPERVISOR
SEAN M. GERAGHTY, SR. PLANNER
I. CALL MEETING TO ORDER:
The meeting was called to order at 6:00 p.m.
II. APPROVE MINUTES OF LAST REGULAR MEETING:
MOTION: To approve the minutes to the June 9, 2020
meeting.
MADE BY: Garth Bruce
SECONDED: Tony Ambrosino
VOTE: 7 in favor, 0 opposed
III. PECK ASSOCIATES, INC. AND WENDELL TAYLOR CORPORATION – PUBLIC HEARING ON A SPECIAL USE PERMIT FOR CAMPSITE EXPANSION ALONG PECK’S LAKE:
A. Background:
Peck Associates, Inc. and Wendell Taylor Corporation is proposing to expand a travel trailer campsite along the north shore of Peck’s Lake in the Town of Johnstown (Tax Map Parcel No. 100.-3-2). The proposed expansion calls for 13 new sites to be developed with a gravel road that is approximately 960+/- feet in length. Each of the lots will be typically 2,500 sq. ft. in size and will include a 9’ x 30’ parking area. Total area of disturbance on the property is approximately 1.85+/- acres.
B. June 9, 2020 Meeting:
During its June 9, 2020 meeting, the Town of Johnstown Planning Board continued its review of the Peck Associates’ Special Permit application for a campground expansion along the north side of Peck’s Lake in the Town of Johnstown. At that time, the Planning Board recognized that there are two (2) issues that need to be resolved before a final decision on the application can be rendered:
1. Both the Town of Johnstown Code Enforcement Office and the NYS Department of Health (NYSDOH) must approve or offer waivers for all design specifications for improvements that are being proposed in order to support the campground expansion.
STATUS: ?
DISCUSSION: County Planning Consultant Sean Geraghty explained that, during last month’s meeting, the Planning Board reviewed a fairly extensive list of issues that were provided during the Coordinated SEQR review by the NYSDOH. He explained that the applicants have been working with the NYSDOH, along with Town Code Enforcement Officer Todd Unislawski, to address a number of code issues and to clarify some code interpretations.
Town Code Enforcement Officer Todd Unislawski added that he has been in contact with the applicants and has offered some advice regarding their response to the NYSDOH.
Mr. Geraghty asked Geoff Peck for an update on the NYSDOH issues that were discussed during last month’s Planning Board meeting?
Mr. Peck stated that he has been working with Town Code Enforcement Officer Todd Unislawski and has submitted a response to the NYSDOH. He indicated that the NYSDOH has not yet responded to that submittal.
2. The Town of Johnstown Zoning Board of Appeals (ZBA) must issue a variance allowing travel trailers or RV’s to be placed on any site year round.
STATUS: ?
DISCUSSION: Mr. Unislawski indicated that the application has not been presented to the ZBA. He stated that he wanted to let the applicants address some of the Health Department issues before sending the application to the ZBA.
Mr. Geraghty suggested that now may be a good time to introduce the variance application to the Town ZBA.
C. State Environmental Quality Review:
During its June 9, 2020 meeting, the Town of Johnstown Planning Board authorized the filing of a negative declaration under SEQR for this proposed action. Consequently, no further environmental review is required.
D. County Planning Board Referral:
During its June 16, 2020 meeting, the Fulton County Planning Board, in accordance with Section 239-m of the General Municipal Law of New York State, reviewed the Peck Associate’s Site Plan application for a campground expansion along Peck’s Lake. At that time, the County Planning Board recognized no regional implications that could occur from the proposed action and offered no recommendation to the Town of Johnstown Planning Board regarding this Site Plan application.
E. Public Hearing:
1. The public hearing was opened at 6:05 P.M.
2. Speakers:
County Planning Consultant Sean Geraghty reminded those in attendance that the public hearing is an opportunity to comment on the Special Permit application itself. He explained that the public hearing is not a question and answer session and that neither he nor Board members will enter into a debate regarding the proposed project.
Town Supervisor Jack Wilson
Mr. Wilson indicated that he was in favor of the Peck Associates’ Campground Expansion Project. He stated that he felt it was a good project for the community and, as long as the applicants are able to comply with the code issues raised by the NYSDOH and NYSDEC, then he felt the project should be allowed to proceed.
Town Code Enforcement Officer Todd Unislawski indicated that he received three (3) emails concerning the Special Permit application. Mr. Unislawski entered those emails into the record. The emails received from Stuart Seeley, Katie Santomartino, Seth Day Flynn.
Mr. Geraghty indicated that he would attach those emails to the minutes for the meeting. He asked Board members if they wished to close the public hearing or keep it open and reconvene at next month’s meeting, at which time some of the Health Department code issues may be resolved?
Planning Board Vice Chairman Dick Lynaugh asked why the Planning Board should wait any longer to close the hearing and take action on the application?
Mr. Geraghty stated that, based on the Health Department’s issuance of a letter during the Coordinated SEQR process, there appears to be several improvements and/or amendments that will need to be made to the final drawings.
Planning Board Member Mike McGrail stated that he would like to wait until the final details are worked out and are shown on a final Site Plan drawing.
Mr. Unislawski pointed out that he met with the applicants regarding their response to the NYSDOH and noted that there are several issues that will need to be clearly documented on the final plan.
MOTION: To leave the public hearing open until the Board’s August 11, 2020 meeting and to table any action on the Peck Associates’ Special Permit application for a campground expansion.
MADE BY: Mike McGrail
SECONDED: Ernest Niforos
VOTE: 7 in favor, 0 opposed
(The Public Hearing was left open at 6:12 p.m. and will be reconvened on August 11, 2020.)
IV. BASHAR MUSTAFA – PUBLIC HEARING ON SITE PLAN FOR DUNKIN DONUTS RESTAURANT AT 1008 AND 1012 NYS ROUTE 29A:
A. Background:
Bashar Mustafa owns two (2) pieces of property at the intersection of Elmwood Avenue, NYS Route 29A and NYS Route 30A in the Town of Johnstown (Tax Map Parcel Nos. 149.8-13-3 and 149.8-13-4). The properties are located within a C-2 Commercial District and total approximately .38 acres. The applicant is proposing to construct a new 1,900 sq. ft. Dunkin Donuts on the property. Mr. Mustafa also owns a third parcel along Elmwood Avenue that he would like to incorporate into the project, by using the property for an individual commercial septic system (Tax Map Parcel No. 134.20-24-7). This property is located within an R-2 Residential District and is approximately .39 acres in size.
A rendition of this proposed project was approved in February 2016. The revised project involves a reconfiguration of parking areas, onsite vehicular traffic flow, stormwater infrastructure and landscaping. The onsite septic system that is proposed for Mr. Mustafa’s parcel on Elmwood Avenue will require a private force main to be run in the public right-of-way along Elmwood Avenue.
B. June 9, 2020 Meeting:
During its June 9, 2020 meeting, the Town of Johnstown Planning Board began reviewing Bashar Mustafa’s Site Plan application for a new Dunkin Donuts Restaurant at the intersection of Elmwood Avenue and NYS Route 29A in the Town of Johnstown. At that time, the Planning Board asked that the following information be provided on a revised Site Plan drawing prior to the public hearing:
1. Building elevation drawings for the new restaurant should be provided.
STATUS: Provided.
DISCUSSION: The Planning Board had no comments regarding the elevation drawings.
2. The stormwater management summary for the site should be provided as well as all of the stormwater infrastructure that will be installed as part of the project.
STATUS: A stormwater management summary of the site has been provided and all stormwater infrastructure has been added to the Site Plan drawing.
DISCUSSION: John Hitchcock, ABD Engineers, briefly explained how the stormwater management infrastructure will work. He noted that, originally, the applicants intended to use dry wells to capture stormwater flow, but are now going to go with several stormwater infiltrator units.
Mr. Geraghty pointed out that, based on the stormwater calculations that were provided, it appears that the proposed stormwater infiltrators will have more than enough capacity to handle a 50-year storm.
After a few minutes of discussion, the Planning Board agreed that the proposed stormwater collection system is an acceptable solution for handling stormwater management.
3. The height of the masonry wall dumpster enclosure should be identified.
STATUS: A 6’ high chain link fence is proposed in place of the masonry wall.
4. The location of the waterline tap for the new Dunkin Donuts should be identified.
STATUS: Provided.
5. The design of the pylon sign advertising the business should be included on the detail sheet along with any other signage to be included on the project site.
STATUS: Provided.
DISCUSSION: The Planning Board had no further comments regarding the design of the pylon sign.
6. Plans for the septic disposal system must be finalized.
STATUS: The applicants have decided to install a Presby System which will be installed under the parking area. By bringing the system to the project site, the applicant will no longer need an easement to access the property at 6 Elmwood Avenue.
DISCUSSION: Mr. Hitchcock briefly talked about the applicant’s decision to use a Presby System. He pointed out that the Presby Systems are structurally designed to drive on, which is the reason why they are installed underneath parking areas.
Planning Board Member Tony Ambrosino asked how the system will be maintained?
Mr. Hitchcock stated that, typically, these types of systems don’t have maintenance issues. He pointed out that a sump will be provided in case of a problem with the system. He indicated that there will also be a grease trap on the system.
Planning Board Member Ernie Niforos asked Mr. Hitchcock to give some more details on how the system physically works?
Mr. Hitchcock spent a few moments explaining how the system handles septic flow.
Mr. McGrail asked how big the system is?
Mr. Hitchcock pointed out that a 2,000 gallon septic tank will be installed as part of the system.
7. Percolation and pit test results will need to be provided for whenever the septic field location is determined.
STATUS: Provided.
DISCUSSION: The Planning Board had no comments regarding the percolation and pit test results.
8. Specifications for all exterior lighting should be included on the Site Plan drawings.
STATUS: Provided.
9. The width of the access driveway along Elmwood Avenue should be noted.
STATUS: The width of the access driveway has been identified as 25’.
DISCUSSION: Mr. Hitchcock noted that the driveway width is slightly larger than the original proposal back in 2016.
C. State Environmental Quality Review:
During its June 9, 2020 meeting, the Town of Johnstown Planning Board proposed that it serve as the Lead Agency for the purpose of issuing a determination of significance under SEQR for this proposed action. Copies of the Short Environmental Assessment Form (EAF) along with the preliminary Site Plan drawings were forwarded to other Involved Agencies offering them until Monday, July 13, 2020, to provide written comments concerning the Town of Johnstown Planning Board’s proposal to serve as Lead Agency or on the project itself.
STATUS:
NYSDEC:
In a letter dated June 23, 2020, the NYSDEC agreed to the Town of Johnstown Planning Board serving as the SEQR Lead Agency. NYSDEC notes that disturbance of more than 1 acre of land will require a SPEDES General Permit for Stormwater Discharges from Construction Activities.
DISCUSSION: The Planning Board had no comments regarding NYSDEC’s response.
NYSDOT:
In an e-mail dated July 7, 2020, the NYSDOT concurred with the Town of Johnstown Planning Board’s proposal to serve as the Lead Agency. NYSDOT asked that the Planning Board consider the following issues:
• A NYSDOT Highway Work Permit will be required for any work performed with the highway right-of-way. This permit is required prior to the start of work.
• The entire site is shown as curbed. A NYSDOT permit will be required if any closed drainage outlets into the State system. There should be no increase in flow to the NYSDOT drainage system.
• Utility connections should be shown on plans. If any connections are in the NYSDOT right-of-way, a separate utility permit may be needed.
• The proposed driveway location is dimensioned to tie in with Elmwood Avenue and the radii is very close to the right-of-way on NYS Route 29A. Refer to Chapter 5A of the Highway Design Manual for design requirements and guidelines.
• Please provide a copy of the Traffic Impact Study to this office. There is a concern that the drive-thru traffic queue could extend to NYS Route 29A effecting the safety and operations of the highway.
• Any proposed signage, parking, advertising, service poles, plantings and landscaping will need to be located on private property and not on NYSDOT right-of-way.
• Future plan submittals should show the driveway width and include a work zone traffic control plan.
DISCUSSION: Mr. Geraghty pointed out that NYSDOT’s request that a Traffic Impact Study be prepared is the most immediate issue facing the Planning Board. Mr. Geraghty stated that, back in 2016, during the Coordinated SEQR process, NYSDOT did not request such a study.
Mr. Hitchcock explained to Board members that the way the site has been laid out, there are seven (7) stacking spaces for vehicles at the drive-thru and then vehicles will have to stack in the parking area, out the access driveway and down Elmwood Avenue before any queuing could occur on NYS Route 29A. Mr. Hitchcock speculated that close to 20 vehicles would have to be stacked in the drive-thru lane before any safety issues would result on NYS Route 29A.
After several minutes of discussion, Planning Board members agreed that, given the layout of the new Dunkin Donuts Restaurant, it is highly unlikely that vehicle stacking at the drive-thru will have any impact on NYS Route 29A. There was a general consensus among Board members that a traffic study for this project will not be necessary.
MOTION: Declaring the Town of Johnstown Planning Board the Lead Agency for the purpose of issuing a determination of significance for Bashar Mustafa’s Site Plan application for a new Dunkin Donuts.
MADE BY: Mike McGrail
SECONDED: Tony Ambrosino
VOTE: 7 in favor, 0 opposed
FURTHER DISCUSSION: Mr. Ambrosino asked if anyone was able to identify the type of ownership interest the Town has in Elmwood Avenue?
Town Supervisor Jack Wilson stated that he had not gotten a definite answer to that question. He speculated that the road is probably a Town road by “use”. He stated that if the Town ever wanted to make improvements to Elmwood Avenue, it would probably have to acquire the rights to the entire right-of-way.
Mr. Geraghty pointed out that, since the applicants are now proposing to install a Presby System on the project site, there is no longer a need for any easements along Elmwood Avenue.
MOTION: Authorizing the filing of a negative declaration under SEQR for the Dunkin Donuts’ Site Plan application since:
1. Given the amount of stacking space on the property, there will be limited traffic impacts resulting from the proposed action.
2. Public utilities and municipal infrastructure are readily available to service the site.
3. The stormwater management infrastructure being provided as part of the project will adequately handle any stormwater flow generated by a 50-year storm.
4. The aesthetic appearance of the property will be improved as a result of this project.
MADE BY: Dick Lynaugh
SECONDED: Albert Peck III
VOTE: 7 in favor, 0 opposed
D. County Planning Board Referral:
During its June 16, 2020 meeting, the Fulton County Planning Board, in accordance with Section 239-m of the General Municipal Law, reviewed Bashar Mustafa’s Site Plan application for a new Dunkin Donuts restaurant at the intersection of Elmwood Avenue and NYS Route 29A in the Town of Johnstown. At that time, the Planning Board recognized no regional implications that could occur from the proposed action and offered no recommendation to the Town of Johnstown Planning Board regarding this Site Plan application.
DISCUSSION: The Planning Board had no comments regarding the County Planning Board’s review of the application.
E. Public Hearing:
1. The public hearing was opened at 6:27 P.M.
2. Speakers:
Mr. McGrail pointed out that, during the past 15 to 20 years, the area known as the Berkshire District encompassing the properties at the intersection of NYS Route 29A and NYS Route 30A has seen all four (4) corners changed and developed. He indicated that he felt this was a positive sign for the community.
Jack Wilson
Supervisor Wilson indicated that he was in favor of the new Dunkin Donuts’ project and, again, felt that if the NYSDEC, NYSDOH and NYSDOT concerns can be addressed, then the project should move forward.
Mr. McGrail asked the applicant for a tentative schedule to complete the project.
Mr. Mohammad indicated that he would like to get the project done as soon as possible after receiving all of his permits.
3. The public hearing was closed at 6:31 P.M.
F. Planning Board Action:
In accordance with Article 11 of the Town of Johnstown Zoning Regulations, the Planning Board must issue its final decision on a Site Plan application within sixty-two (62) days of the close of the public hearing.
MOTION: To approve Bashar Mustafa’s Site Plan for a new Dunkin Donuts Restaurant at the intersection of Elmwood Avenue and NYS Route 29A.
MADE BY: Ernie Niforos
SECONDED: Dick Lynaugh
VOTE: 7 in favor, 0 opposed
V. HELEN MCGREGOR (LIFE USE) C/O MICHAEL MCGREGOR – SUBDIVISION ALONG NYS ROUTE 67:
A. Background:
The Estate of Helen McGregor owns an 80+/- acre parcel along the south side of NYS Route 67 adjacent to McGregor Road (Tax Map Parcel No. 173.-1-12.1). The estate is looking to create a 5.73+/- acre lot around an existing residence along NYS Route 67. The remaining 74+/- acres will remain in the estate of Helen McGregor.
B. Planning Department Review:
Section 63-7 of the Town of Johnstown Subdivision Regulations identifies the information an applicant is required to submit to the Planning Board for a proposed subdivision. Upon review of the proposed preliminary plat by the Fulton County Planning Department, the following issues have been raised:
1. An actual field survey of the boundary lines of the tract giving complete descriptive data by bearings and distances showing the location of that portion which is to be subdivided in relation to the entire tract and the distance to the nearest existing street intersection.
STATUS: Provided.
2. The proposed subdivision name and the name of the Town and County in which it is located must be identified along with the date, north arrow, map scale, name and address of record owner and subdivider.
STATUS: Provided.
3. All existing structures, wooded areas, streams and other significant physical features within the portion to be subdivided and within 200 feet thereof. If topographic conditions are significant, contours shall also be indicated at intervals of not more than five (5) feet.
STATUS: There is no topographic information provided on the subdivision plat.
DISCUSSION: The Planning Board did not feel that topographic information needed to be provided.
4. The name of the owner(s) and all adjoining property owners as disclosed by the most recent municipal tax records.
STATUS: Provided.
5. The tax map sheet, block and lot number, if available.
STATUS: Provided.
6. All available utilities on all existing streets.
STATUS: Provided.
7. The proposed pattern of lots including lot width and depth, street layout, recreation areas, systems of drainage, sewer and water supply within the subdivided area.
STATUS: The purpose of the subdivision is to create a lot around an existing residence and several accessory buildings.
8. All existing restrictions on the use of land including easements, covenants, and zoning lines. A copy of such covenants or deed restrictions that are intended to cover all or part of the tract shall be included.
STATUS: There are no easements or covenants identified on the subdivision plat.
9. A Short Environmental Assessment Form with Part I completed by the applicant. The Planning Board may require a Full Environmental Assessment Form if circumstances are warranted.
STATUS: Provided.
C. State Environmental Quality Review:
Section 617.1 of 6 NYCRR states that, the basic purpose of SEQR is to incorporate the consideration of environmental factors into the existing planning, review and decision making processes of State, regional and local government agencies at the earliest possible time. To accomplish this goal, SEQR requires that all agencies determine whether the actions they directly undertake, fund or approve may have a significant effect on the environment, and if it is determined that the actions may have a significant effect, prepare or request an environmental impact statement. Under these terms, the review of a subdivision application is subject to SEQR. Therefore, the following issues must be addressed:
1. Does the Planning Board feel that the Short Environmental Assessment Form, provided by the applicant, has been completed adequately?
DISCUSSION: The Planning Board felt that the Short Environmental Assessment Form had been completed adequately.
2. Does the Planning Board feel that any additional information should be provided as part of the SEQR process?
DISCUSSION: The Planning Board did not ask for any additional information.
3. Section 617.6 (b) of 6 NYCRR states that, when a single agency is involved, the agency will be the lead agency when it proposes to undertake, fund or approve a Type 1 or Unlisted Action that does not involve another agency. If the agency has received an application for funding or approval of the action, it must determine the significance of the action, within twenty (20) calendar days of its receipt of the application, an Environmental Assessment Form or any additional information reasonably necessary to make that determination, whichever is later. Therefore, does the Planning Board wish to issue a Determination of Significance under SEQR at this time?
MOTION: To file a negative declaration under SEQR for this proposed action since:
1. There is sufficient acreage available to create an additional lot around the existing residence.
2. Public utilities are readily available to service the remaining property.
3. There will be no traffic implications resulting from the proposed action.
MADE BY: Albert Peck III
SECONDED: Ernie Niforos
VOTE: 7 in favor, 0 opposed
D. Planning Board Action:
In accordance with Section 63-10 of the Town of Johnstown Subdivision Regulations, the Planning Board shall schedule and hold a public hearing on the preliminary plat within sixty-two (62) days after the plat is determined to be complete by the Planning Board.
MOTION: To schedule a public hearing on Helen McGregor’s subdivision application for 6:00 p.m., Tuesday, August 11, 2020.
MADE BY: Mike McGrail
SECONDED: Garth Bruce
VOTE: 7 in favor, 0 opposed
VI. NEXUS RENEWABLES – SUBDIVISION AND SPECIAL PERMIT APPLICATION FOR SOLAR FARM IN THE TRYON TECHNOLOGY PARK:
A. Background:
Nexus Renewables is proposing to lease approximately 29.2+/- acres from the Fulton County Industrial Development Agency (IDA) on a 62.1+/- acre piece of property located in the Town of Johnstown (Tax Map Parcel No. 164.-2-16.5). The property is currently completely landlocked. As part of the project, Nexus Renewables will require the Fulton County IDA to subdivide the property into four (4) separate parcels and leave the remaining 33+/- acres undeveloped. Each of the four (4) parcels will contain a separate solar array.
DISCUSSION: Chris Centola, LaBella Associates, representing the applicant, introduced himself to Planning Board members. He indicated that Keith Sandor, President – Nexus Renewables, will be joining them by phone from Toronto. Mr. Centola stated that Nexus Renewables would like to construct a 6.8 megawatt Solar Farm on lands zoned Agricultural Residential in the Town of Johnstown. He pointed out that the property is not prime agricultural land and has no road frontage. He indicated that, given the remote location of the site, he felt it was a good use of the property. He talked briefly about the number of tracking cells and panels that will be installed as part of the project. He indicated that a 6’ high fence is proposed around the entire facility and that landscaping will be provided especially along the western boundary of the site. He indicated that a gravel road will be constructed in order to access the facility from the Tryon Technology Park.
County Planning Consultant Sean Geraghty pointed out that the area Nexus Renewables is looking at was part of the Tryon Youth Detention Facility property that was turned over to Fulton County. He indicated that there is approximately 62+/- acres that are located within the Town of Johnstown under a separate Tax Map Parcel Number. He pointed out that the remaining land, that made up the former Tryon Youth Detention Facility, which is now the Tryon Technology Park is classified as a Business Technology Zone in the Town of Perth Zoning Law. He pointed out that access to the property will be from the County Road 117 that services the Tryon Technology Park. Mr. Geraghty asked why the preliminary sketch plan shows a 7 megawatt system on one (1) parcel and .75 megawatt systems on each of the other three (3) parcels?
Mr. Centola explained that in order to maximize incentives, the minimum size of a solar array has to be at least .75 megawatts.
Mr. Geraghty pointed out that the applicants will also be seeking a subdivision approval for the property. He reminded Board members that the property is completely landlocked and will continue to be landlocked even if it is subdivided. He reminded Board members that the Planning Board has no authority to create building lots that do not have direct access on a public road. However, he noted that, given the unique circumstances of where this parcel is located on the edge of a municipal border with no access to a public road, the Fulton County Industrial Development Agency intends to offer an easement through IDA property in the Tryon Technology Park that will allow the construction of an access driveway off of County Highway 117 in the Tryon Technology Park.
Mr. Centola noted that Chris Foss has been hired to prepare a survey of the property to be leased from the Fulton County IDA and to prepare the subdivision plat.
Planning Board Vice Chairman Dick Lynaugh expressed some dissatisfaction with what was submitted by the applicants for the Planning Board to review. He pointed out that the drawing that was provided in the Planning Board’s packets has very little information and doesn’t even begin to address all of the documentation and issues that the Planning Board is going to look at.
Mr. Geraghty agreed and pointed out that the submittal by Nexus Renewables is simply a Concept Plan. He noted that applicants do have the right to submit conceptual layouts to the Planning Board for subdivisions, Site Plans or Special Permit proposals. Mr. Geraghty stated that there are a number of issues he would like to go over with Mr. Centola in order to give LaBella Associates some direction on how the review of the application is going to proceed.
B. Planning Department Review:
The Fulton County Planning Department has reviewed the Special Permit application in accordance with Article 10 of the Town of Johnstown Zoning Regulations. Article 10 states that a Special Use Permit shall not be granted until the Planning Board finds that the following criteria, as well as any special criteria, have been met:
1. Harmony with Master Plan
2. Compatibility
3. Access, Circulation and Parking
4. Infrastructure and Services
5. Environment and Natural Features
6. Long-term Effects
C. Article 8 Section 84-45B of the Town Zoning Law outlines the special criteria that applies to Solar Farms. Based on this review criteria, the following information must be provided by the applicant:
1. Blueprints or drawings of the solar photovoltaic installation signed by a licensed professional engineer showing the proposed layout of the system and any potential shading from nearby structures.
STATUS: Not provided.
DISCUSSION: Mr. Geraghty noted that a full set of blueprints and drawings will be required before the Planning Board considers taking any formal action on the application.
2. Proposed changes to the landscape of the site, grading, vegetation, clearing and planting, exterior lighting, screening vegetation or structures.
STATUS: Not provided.
3. A description of the Solar Farm facility and the technical economic and other reasons for the proposed location and design shall be prepared and signed by a licensed professional engineer.
STATUS: Not provided.
DISCUSSION: Mr. Geraghty stated that the applicants have provided a fairly detailed explanation of the project on the Full Environmental Assessment Form. He suggested that a similar summary paragraph be put together to let the Planning Board know why the facility is being laid out as proposed.
4. Confirmation prepared and signed by a licensed professional engineer that the Solar Farm complies with all applicable federal and State standards.
STATUS: Not provided.
5. One or 3-line diagram detailing the Solar Farm layout, solar collector installation, associated components, and electrical interconnection methods with all national electrical code compliant disconnects and over current devices.
STATUS: Not provided.
DISCUSSION: Mr. Geraghty stated that Town Code Enforcement Officer Todd Unislawski will review the 1 or 3-line diagrams that are provided for the Solar Project.
6. Documentation of the major system components to be used including the PV panels, mounting system and inverter.
STATUS: The number of modules and tables for each solar array has been identified. However, there are no details concerning the types of system components.
DISCUSSION: Mr. Geraghty stated that the types of modules, panels, tracking systems etc. will need to be identified on the next submittal.
7. An operation and maintenance plan which shall include measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation.
STATUS: Not provided.
DISCUSSION: Mr. Geraghty stated that a detailed Operation and Maintenance Plan for the site will need to be provided. Mr. Geraghty stated that, in terms of constructing the access driveway for the facility, the Planning Board is going to require that the access driveway be large enough to support a large emergency vehicle at anytime of the year.
Mr. McGrail added that a turnaround area of some type will also need to be designed.
8. Information on noise (inverter) and reflective/glare of solar panels and identify potential impacts to abutters.
STATUS: Not provided.
DISCUSSION: The Planning Board briefly discussed the need for a glare analysis for the solar project and eventually decided that it would not be necessary given the distance from the County Airport.
D. Minimum Requirements:
Article 8, Section 84-45B outlines the minimum requirements that all Solar Farm developments must conform with. In accordance with those minimum requirements, the following issues must still be addressed:
1. Solar Farms of less than 26 kilowatts shall be on a parcel of not less than 5 acres, otherwise a minimum of 10-acre parcels shall be required.
STATUS: The acreages of the individual lots in the subdivision has not been identified.
DISCUSSION: Mr. Geraghty pointed out that the Town has a 5-acre minimum lot size for projects that are less than 26 kilowatts in size. He indicated that it doesn’t appear as though the applicant will have sufficient property to provide 5-acre lots for each of the .75 megawatt systems and then have enough land remaining for the 7.0 megawatt system.
2. All ground-mounted panels shall not exceed 8’ in height.
STATUS: ?
DISCUSSION: Mr. Centola indicated that the panels will be approximately 6½ feet in height.
3. All mechanical equipment on a Solar Farm, including any structure for batteries or storage cells, must be completely enclosed by a minimum 8’ high fence with a self-locking gate.
STATUS: The applicant’s Full Environmental Assessment Form indicates an intent to use agricultural fencing.
DISCUSSION: Mr. Geraghty indicated that the Town’s regulations require an 8’ high fence with a self-locking gate.
4. The total surface area of all ground-mounted and freestanding solar collectors, including solar voltaic cells, panels and rays shall not exceed 80% of the total parcel area.
STATUS: It is unclear how much of the 29 acres to be leased from the Fulton County IDA will involve the Solar Farm infrastructure.
DISCUSSION: Mr. Geraghty suggested that additional acreage may need to be leased from the Fulton County IDA in order to maintain the 80% lot coverage for the overall project.
5. The installation of a vegetative perimeter buffer to provide year round screening of the system from adjacent properties.
STATUS: ?
DISCUSSION: Mr. Centola indicated that he intends to provide a vegetative perimeter along the western boundary of the site.
Mr. Geraghty stated that, if at all possible, the Planning Board prefers vegetative buffers to include natural looking vegetation and not necessarily involve the installation of a solid wall of plantings.
6. All onsite utility and transmission lines are, to the extent feasible, placed underground.
STATUS: The applicant’s Full Environmental Assessment Form indicates that both underground and overhead electric utilities will be installed.
DISCUSSION: Mr. Geraghty pointed out that, typically, the Planning Board asks that all of the utilities are installed underground except for the area near where the facility will tie into National Grid infrastructure.
7. All signage to be installed on the project site must be identified including signage containing emergency contact names, addresses and numbers.
STATUS: ?
8. An elevation drawing showing any Solar Farm mechanical equipment, shelters, storage facilities, transformers, substations etc. must be provided on the detail sheet.
STATUS: Not provided.
DISCUSSION: Mr. Geraghty stated that the Planning Board would like to see what the mechanical equipment will look like once it is installed. He indicated that there seems to be a significant difference between some of the equipment installations, shelters, storage facilities that have been constructed as part of other projects in the community.
9. At least 1 parking space must be clearly shown on the Site Plan drawing and the location of any emergency lighting near the mechanical equipment area should be noted.
STATUS: ?
10. A letter must be provided from National Grid indicating that the utility company has been informed of the Solar Farm owners or operator’s intent to install an interconnected customer owned generator.
STATUS: ?
DISCUSSION: Mr. Geraghty stated that the Planning Board will require some type of letter showing that National Grid is aware of the project. He stated that, typically, the Planning Board receives a copy of the letter from National Grid to the applicant indicating that the Coordinated Electric System Interconnection Review (CESIR) can be prepared.
11. A Decommissioning Plan for the site will need to be prepared.
STATUS: ?
DISCUSSION: Mr. Geraghty explained that the Decommissioning Plan for the project will need to identify the present-day cost to completely remove all infrastructure from the project site. He noted that, once that dollar amount is determined, a 2.5% inflation factor should be calculated over the course of a 25-year term to come up with the amount of the financial surety that will be required by the Town. He explained that the Town Planning Board and the Code Enforcement Office will determine the amount of that financial surety, at which time the Town Attorney will take over and work with the applicant on the type of financial surety that will need to be provided.
E. State Environmental Quality Review:
During its July 14, 2020 meeting, the Fulton County IDA classified the proposed project as a Type I Action and proposed that it serve as the Lead Agency to conduct a Coordinated SEQR of the action. The IDA is asking for the Town Planning Board’s consent to serve as the Lead Agency and ask that any comments be submitted in writing by Friday, August 7, 2020.
DISCUSSION: Mr. Geraghty explained that the Fulton County IDA typically asks for Lead Agency status on projects within the various industrial and business parks throughout the County. He indicated that this is not an unusual request. He pointed out that the IDA has served as Lead Agency for projects in both the Crossroads Industrial Park and Crossroads Business Park, as well as the Johnstown Industrial Park and the Tryon Technology Park. Mr. Geraghty pointed out that, typically, the IDA sees these projects before the local Planning Board because they are occurring on IDA property. He indicated that the IDA also has more flexibility in its meeting schedule than a local Planning Board has.
After a brief discussion, there was a general consensus among Board members that the IDA should be allowed to serve as the Lead Agency. However, given the limited amount of information on the project, the Planning Board did not offer any comments concerning the project.
MOTION: Concurring with the Fulton County IDA’s proposal to serve as the Lead Agency for the review of Nexus Renewables’ Solar Farm Project.
MADE BY: Mike McGrail
SECONDED: Dick Lynaugh
VOTE: 7 in favor, 0 opposed
F. Planning Board Action:
In accordance with Section 84-54(D)(7)(a) of the Town of Johnstown Zoning Regulations, the Planning Board shall hold a public hearing on a complete Special Permit application within sixty-two (62) days from the determination of the Planning Board that the application is complete.
DISCUSSION: Planning Board Member Ernie Niforos asked who the beneficiary of the solar facility will be?
Mr. Centola indicated that he wasn’t entirely sure if the project will be considered a Community Solar Farm or whether it is for a specific beneficiary. He indicated that he would find that information out for the Planning Board.
MOTION: To table any action on Nexus Renewables Special Permit and subdivision application for a Solar Farm in the Tryon Technology Park until additional information has been provided.
MADE BY: Mike McGrail
SECONDED: Albert Peck III
VOTE: 7 in favor, 0 opposed
VII. CLOSE OF THE MEETING:
MOTION: To close the meeting at 7:04 p.m.
MADE BY: Tony Ambrosino
SECONDED: Mike McGrail
VOTE: 7 in favor, 0 opposed
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