Planning Board

Office of the Planning Board, Town of Schaghticoke — September 2, 2020. The Board met via Zoom videoconference in accordance with Governor’s Executive Order 202.1. Deputy Town Attorney Kristin Pratt explained the Zoom procedure, noting the meeting was recorded (to be posted and later transcribed), minutes were being taken, and public comments were better expressed verbally than via chat so they could be preserved.

Public hearings

West Wind Farms Mine Expansion (Tax Map #22-1-1.121)

Opened 7:35 PM. Chairman Alessandrini read the Notice of Hearing for applicant and owner James Czub. Mr. Czub summarized the proposal to expand his 8.62± acre sand-and-gravel mine in an RA district on the westerly side of Verbeck Avenue by opening 8 more mines in 8 phases across roughly 71 acres, one at a time, opening each adjacent mine while closing and reclaiming the prior one. By Phase 5, the coniferous screening trees would be 20–30 feet high with a 6-foot berm to reduce noise and visual impact; the processing plant would remain in place. Environmental, archeological, and water reviews were complete. There was no public comment; no written comments were received. Hearing closed 7:52 PM.

Northline Drive Solar Farm (Tax Map #41.-1-27.21)

Chairman Alessandrini read the Notice of Hearing. ReJean DeVaux (Borrego Solar Systems) and James Kondrat appeared for a 4 MW solar project on two sections of an 18.4± acre area of a 37.18± acre parcel owned by Julie Todd, in an RA district off Northline Drive. Mr. DeVaux said the project would have minimal visual impact and no wetlands impact, with two small stormwater retention areas, fencing, and a gravel pervious access.

Numerous neighbors spoke in opposition. Recurring concerns included: that a virtual hearing was an inadequate forum for a project of this scale and should be held in person; visual impact and glare, especially from higher ground and in winter when deciduous trees provide no screening; insufficient buffers; stormwater runoff onto adjacent properties; impact on a nearby pond and on well water if pesticides were used; effect on property values; the length and transfer of the lease; decommissioning and possible company bankruptcy; and the rural character of the neighborhood. Residents noted panels would closely surround at least one home. Mr. DeVaux responded that the lease runs 25 years with renewal options, is transferred with the land, that no pesticides would be used (a wild clover mixture would be planted, mowed about twice per season), and offered to move panels farther from an adjoining residence. He explained the community-solar model (power goes to the grid; subscribers get a National Grid bill discount) and described planned access from Northline Drive and from NYS Route 40. Chairman Alessandrini said project materials would be posted online (space permitting) with hard copies available in the Town Clerk’s office.

The hearing was closed to further oral comment at 8:42 PM. The written-comment period was extended through the first Wednesday of October, and an email address for those involved was provided. Written comments received on the application were appended to the minutes.

Regular meeting

Members present: Chairman Frank Alessandrini, Wayne Akin, Dan Clow, Brian Davidson, Elizabeth Hale, and Scott Wiley. Robert Weir was absent. Deputy Town Attorney Kristin Pratt was present, with interested residents and representatives online.

• August 2020 minutes approved as submitted (Davidson · Akin — Ayes: Alessandrini, Akin, Clow, Davidson, Hale, Wiley; Nays: none).

Hemstreet Park Fitness Center — Pre-filing Conference (Tax Map #20.13-1-3.12)

Daniel Glogowski proposed a fitness center in an existing 1,800 sq. ft. pole barn at 7 Holland Avenue, east of the bridge, in Hemstreet Park, submitting a sketch plan showing the grinder pump, water meter, and manhole, 2 handicapped spaces, five 8′ × 18′ additional spaces, and a 30′ × 60′ metal solar-lit sign. The Board accepted the sketch as the site plan since the building is pre-existing, advising that standard spaces must measure 10′ × 20′. A public hearing may be scheduled for October.

West Wind Farms Mine Expansion — decision

Board member Scott Wiley asked for noise-study results; Brian Norensky (Principal Geologist, Advanced Environmental Geology, LLC) said noise is comparable to agricultural activities, expected at 54 dBA (52 dBA with mitigation). The site plan matches the original mine application. Agricultural data statements were sent, the SEQRA process was complete, and DEC (the over-riding agency) had granted approval. The only communication was from a neighbor concerned about distance from the project, alleviated once the distance was determined to be 100 feet.

• Special Use Permit and Site Plan approved (Akin · Wiley — Ayes: Alessandrini, Akin, Clow, Davidson, Hale, Wiley; Nays: none).

Northline Drive Solar Farm — discussion

Mr. DeVaux, James Kondrat, and Jason Dell, P.E. (Lansing Engineering) discussed the application. The SWPPP was received but not yet reviewed. Visibility was identified as a primary concern warranting visual simulations; Mr. DeVaux noted simulations are expensive and typically limited to 9–12 sheets. Mr. Dell said the greatest impact may be on the east–west axis and that topography would be studied for visual impact from Route 40. Chairman Alessandrini called a visibility study integral and advised reviewing the Herrington solar farm application as a guide; Mr. Kondrat stressed robust screening. Mr. DeVaux said he would review the public comments.

Herkert Subdivision — Pre-filing Conference (Tax Map #41.-1-16.115)

Land surveyor Brian Holbritter represented applicant Kimberly Herkert. The proposal subdivides a 10.06± acre parcel into two lots — a 3.7± acre flag lot with 50-foot access from Gutbrodt Road and a 4.53± acre lot with an existing house and garage accessed from Malm Road — and annexes a 1.81± acre lot to an adjacent parcel on Gutbrodt Road owned by Melanie Guzzo and James Tuccillo. A sketch plan was submitted. An adjacent neighbor submitted a written comment and also spoke, objecting that she had not received hearing notice and raising concerns about property values and the applicant’s building history; the applicant’s representative disputed those claims. Chairman Alessandrini stated a person’s reputation was not germane and explained that construction is inspected and approved by the Building Inspector at every step. Because the public notice had inadvertently published an incorrect project address, the comment period on the Herkert subdivision was left open, and the chairman would forward the written comments to the Board.

River Edge Subdivision — Pre-filing Conference (Tax Map #30.-3-35, 36, 39, 40, 41, 42, 44, & 45)

David Bogardes presented a proposal for lot-line adjustments within an existing 8-lot subdivision on 24 acres off River Road, adjacent to the Hudson River, in an RA district. The number of lots would stay the same but be reconfigured so green space could be deeded to adjacent lots, all owners would have river frontage, and dwellings would be sited for good river views. The Board agreed the reconfiguration improved on the former plan and would entertain the subdivision waiver application at the October meeting.

Adjourned 9:57 PM (Davidson · Clow — Ayes: Alessandrini, Akin, Clow, Davidson, Hale, Wiley; Nays: none). Respectfully submitted by Elizabeth Hale, Planning Board Clerk (dated October 31, 2020).

Written public comments on the Northline Drive / Borrego solar project were appended to the official minutes; they are summarized above and the names and home addresses of private commenters are withheld here.