on 4/10/17 Town of Geneseo Planning Board Meeting Minutes March 13, 2017 7:00 8:15 PM Members Present: Robert Harris, Chair David Woods, Deputy Chair Charles Maxwell Robert Lennington Bob Irwin Darcy Young Jared E. Radesi Daniel Morphy, alternate Others: Shawn Grasby, Code Office Greg Wadsworth, Fitness Center 1. CALL TO ORDER: The regularly scheduled March Planning Board meeting was called to order in the board room of the Town Offices at 7:00 p.m. by Robert Harris, Chair. He introduced Daniel Morphy as the new Planning Board Alternate. At the recent Town Board meeting, R. Harris reported, possible duties of an alternate were discussed but not clarified. The Secretary said it was her understanding that alternates are appointed when there is a regular member conflict of interest and also possibly when a quorum is needed for a motion in those cases of regular member absences. The correct information will be forwarded to the Town Clerk for the Supervisor. 2. CODE OFFICE REPORT: Chair Harris requested that Shawn Grasby give a verbal report. (There was no printed one supplied to board members this month.) S. Grasby said he continues to deal with the Hammocks and Coast Professional. Tractor Supply has also made an application for the installation of a filling station. 3. VILLAGE PLANNING BOARD REPORT: David Woods spoke about the recent February 22 meeting. He said the new Finger Lakes Cookie Co. had been in for a new sign permit. Previously, their business had been take-out and wholesale. They now wish to set up a few tables for eating at the store, thus requiring a Special Use Permit. There will be a Public Hearing. Building public bathrooms in the Village Park was also discussed. David Woods said he was asked to do the SEQR for that. There were many comments made at the meeting, including visual impact, possibility of minimizing trees in the park, etc. Initially, construction of two halves of a building was discussed but eventually it was decided to have bathrooms for male, female and unisex (allowing for a woman with a small child). Funding will come from the State. Hopefully, building will begin this summer. Unfortunately, facilities will still be too small to assist with the influx of college students occurring during the summer festival; college cooperation for the festival will still be necessary.
Page 2 The Village and Town are looking into NYSERDA and Clean Energy Communities. Such communities reduce energy demands in operations and facilities. Funding of $50,000 or $100,000 will be available for this if certification is achieved by the Village and/or Town. None in the region are as yet certified. Darcy Young asked about follow-up - may speak with the Town Supervisor. 4. REVIEW OF UN MINUTES: Chair Harris asked Board members to consider the December 12, 2016 minutes: David Woods moved to APPROVE the December 12, 2016 Planning Board meeting minutes as presented. Robert Lennington SECONDED the Motion. All in Favor: Robert Lennington, David Woods, Robert Harris, and Charles Maxwell. Opposed: None. Abstained: Darcy Young, Bob Irwin, and Jared Radesi. MOTION CARRIED. Chair Harris asked Board members to consider the February 13, 2017 minutes: Darcy Young moved to APPROVE the February 13, 2017 Planning Board meeting minutes as corrected. Robert Lennington SECONDED the Motion. All in Favor: Robert Lennington, Jared Radesi, Darcy Young, Bob Irwin, Robert Harris, and Charles Maxwell. Opposed: None. Abstained: David Woods. MOTION CARRIED. 5. FITNESS CLUB, 3339 Cuylerville Rd., Discussion, SPECIAL USE PERMIT Requirements: Chair Harris asked Craig Wadsworth to come forward for discussion about this topic. C. Wadsworth spoke about his wife s small business and whether it is a permitted use in the Town. He said that since becoming the new Code Officer for the Village he has learned that a Special Use Permit from the Town must be applied for. He now requests how to move forward. Craig Wadsworth gave some history of his wife s business. He said that she had been certified previously by Fitness for Healthy People which is a business serving people in their homes.
Page 3 This process eventually moved out of private homes and onto the Wadsworth family farm on Cuylerville Road. She works one-on-one with healthy people. Hours are weekdays 7-10 AM and 4-7 PM with shorter hours on Saturday morning. There are about a dozen members working out with her currently. Shawn Grasby has already spoken with him and said that the fitness club was a permitted use under clubs and lodges. C. Wadsworth now realizes that he must also submit a site plan (modification) and the Secretary said he has been supplied with that application. Chair Harris suggested that the applicant refer to Art. 53 in the new Town Code and reiterated that such a site plan (or as much as possible) is required for the Town Planning Board. Other requirements must also be fulfilled and a Public Hearing will be held. Darcy Young suggested that C. Wadsworth s application specify a reasonable, and limiting, or maximum number of participants. C. Wadsworth pointed out that there is no water and sewer provided at the current fitness club site; clients use the Wadsworth home. S. Grasby said that if the business is to be considered an assembly, then restrooms would be needed. Jared Radesi said these would also need to be handicapped accessible. D. Young spoke about whether Mr. Wadsworth s wife might be considered a personal trainer as opposed to describing the business as a fitness club. C. Wadsworth may have his wife meet with S. Grasby and/or the Planning Board. Chair Harris asked about the size of the farm. C. Wadsworth said there are 47 acres around the home but the family farm encompasses the entire east side of the river as an LLC. 6. LAKEVILLE ESTATES DISCUSSION: Chair Harris reported on a recent Town Board meeting which he had attended. At that meeting a letter from the Town Attorney was discussed. It dealt with Lakeville Estates wish to sell a vacant parcel to a neighboring landowner. D. Woods gave some history of the development and said it was his understanding that the initial proposal had been for a senior community. The possible impact on the Livonia School system had been considered and the result was a covenant. R. Lennington said that the community ownership and management was now governed by an HOA (Home Owners Association). Chair Harris said that the Town Board had released the covenant restriction on the vacant land parcel contingent on Planning Board approval. He then asked for board feedback. D. Woods said his concern was setting a precedent that is, removing deed restriction/s established previously. The Planning Board needs to be aware of the circumstances involved that are unique to this request and why. Bob Irwin emphasized the need for documentation. Because of the history, D. Young suggested a letter be written to the Livonia schools. D. Woods said past minutes and other documentation need to be examined. Chair Harris asked members present their wishes on how to proceed; he suggested an informal discussion with drawings and how the current Lakeville Estates request relates to the past. Discussion continued among members. D. Young said the HOA should present a site plan of what they wish to sell and that Planning Board members need to look at any recent agreement/s and minutes. Chair Harris asked the Secretary to write a letter to the HOA inviting them to attend a Planning Board meeting for an informal discussion. R. Lennington and B. Irwin offered to work with the Secretary in examining past files for documentation. 7. NEW/OTHER BUSINESS: Chair Harris spoke about the Galory project and the fact it was necessary to set a date for the Public Hearing for the regular April Planning Board meeting.
Page 4 It was noted that the County Planning Board has termed this subdivision as local option. Jared Radesi made the MOTION to set the Public Hearing for Preliminary/Final Approval of the Robert Galory 3-Lot Subdivision, Lakeville-Groveland Road, Tax Map#091.00-1-3.122 for April 10, 2017. Charles Maxwell SECONDED the Motion. All in favor: Robert Harris, Charles Maxwell, Robert Lennington, Bob Irwin, David Woods, Darcy Young and Jared Radesi. Opposed: None. Abstained: None. MOTION PASSED. The Secretary will do the necessary notifications/publications. After continued discussion of this project, Chair Harris then asked Board members to retract the Galory Site Plan motion passed at the February 13 th meeting as it was not necessary at this time. Bob Irwin made the MOTION to rescind the February 13, 2017 Concept Approval of the Site Plan application of Robert Galory (applicant and land owner), Lakeville-Groveland Rd., Tax Map#091.00-1-3.122. Jared Radesi SECONDED the Motion. All in favor: Robert Harris, Robert Lennington, David Woods, Jared Radesi, Charles Maxwell, Darcy Young, and Bob Irwin. Opposed: None. Abstained: None. MOTION PASSED. The Secretary asked how an eventual parcel recombination of the Galory land would be done. D. Woods said this would be covered by the subdivision resulting in three different lots. D. Young brought up the impact on owner taxes. Chair Harris asked the code officer to continue to touch base about this project. At this time the Chair brought up the topic of solar power and said that Shawn Grasby had some experience with this. S. Grasby then passed out a handout of a local law from the Town of Mt. Morris dealing with solar farm regulation (see attachment). He said he has worked with uniform solar permits on a small scale. Chair Harris announced that he had been told by a Town Board member that information on spring trainings is out. In reply to J. Radesi s question about who board trainings are usually given by, he replied that they are usually given by the Department of State and the NY Association of Towns.
Page 5 Of interest will be the training entitled Siting Solar and Issues Related to Agricultural Lands. R. Lennington said he has taken the training on large scale solar power and has his notes. S. Grasby added that BOCES is offering an April 5 th workshop presentation. C. Maxwell said that on his farm solar has been discussed and the panels would never be placed on the roof of a barn but located on the ground. S. Grasby said this would be considered an accessory use as long as power was not sold to a utility company. J. Radesi said that now there exist solar arrays that can be walked on. Cost is similar to a traditional shingle roof. Chair Harris said that he will talk further with Will Wadsworth about the Town and the Village working together on this energy topic. He suggested a committee be formed consisting of two representatives each from the Town and Village - perhaps headed by David Woods. Dan Morphy, alternate, said that as far as current alternate forms of energy are concerned, a wind tower can be placed on farms. Chair Harris said that the next Planning Board Work Meeting is tentatively scheduled for April 24 th. He then asked if there was any further business or announcements. J. Radesi said he would be unable to attend the regular April Planning Board meeting. He is taking BOCES students to Nicaragua to frame-in houses. 8. ADJOURNMENT: There being no further business, Chair Harris called for adjournment. Darcy Young made the MOTION for adjournment at 8:15 PM. Robert Lennington SECONDED this Motion. All in Favor: Robert Lennington, Jared Radesi, Darcy Young, Robert Harris, Bob Irwin, David Woods, and Charles Maxwell. Opposed: None Abstained: None MOTION PASSED. Respectfully submitted, Diane McMullan, Secretary Planning Board dmm Attachment (1)
Page 6 NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET, ALBANY, NY 12231 Town of Mount Morris Local Law No. 1 of the year 2016 A local law amending Article VIII of Chapter 48 of the Town Code to provide for solar farm regulation Be it enacted by the Board of Trustees of the Town of Mount Morris as follows: The Mount Morris Town Code is hereby amended by creating new Section 48-44.3, entitled Solar Farms, as follows: Section 48-44.3. Solar Farm Law. (A) Definitions. As used in this section, unless the context requires otherwise, the following terms shall have the meanings indicated: Solar Collector A device, structure, panel, or part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy. Solar Farm The use of land where a series of one (1) or more solar collectors are placed in an area on a parcel of land for the purpose of generating photovoltaic power and said series of one (1) or more solar collectors placed in an area on a parcel of land collectively has a nameplate generation capacity of at least 15 kilowatts (kw) direct current (dc) or more when operating at maximum efficiency. (B) Purpose. The requirements of this section are established for the purpose of allowing the development of Solar Farms in the Town and to provide standards for the placement, design, construction, operation, monitoring, modification, and removal of these systems. (C) Applicability. The standards found in this section are applicable to Solar Farms as defined in section 48-44.3(A) above.
Page 7 The term Solar Farm shall not be construed to include, so as to prohibit, or have the effect of prohibiting, the installation of a solar collector that gathers solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating, or generating electricity for a residential property. The term Solar Farm shall also not be construed in such a way as to prohibit the installation or mounting of a series of one (1) or more solar collectors upon the roofs of residential and/or commercial structures regardless of whether the said series of one (1) or more solar collectors collectively has a total nameplate generation of at least 15 kilowatts (kw) direct current (dc) or more when operating at maximum efficiency. (D) Zoning. Notwithstanding anything to the contrary in Section 48-18 and 48-20, Solar Farms are allowed in all zoning districts of the Town subject to Special Use Permit requirements. Special Use Permit applications shall contain the following: (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. (2) Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation, or structures. (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. (4) Confirmation prepared and signed by a licensed Professional Engineer that the Solar Farm complies with all applicable Federal and State standards. (5) One of three line electrical diagram detailing the Solar Farm layout, Solar Collector installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices. (6) Documentation of the major system components to be used, including the PV panels, mounting system, and inverter. (7) An operation and maintenance plan which shall include measures for maintaining safe access to the installation, storm water controls, as well as general procedures for operational maintenance of the installation.
Page 8 (8) Information on noise (Inverter) and reflectivity/glare of solar panels and identification of potential impacts to abuttors. (E) Minimum Requirements. In any district requiring a Special Use Permit for a Solar Farm, the development shall conform to the following standards which shall be regarded as minimum requirements: (1) Solar Farms of less than 26 kw shall be on a parcel of not less than five (5) acres, otherwise a minimum of ten (10) acres shall be required. (2) All ground-mounted panels shall not exceed eight (8) feet in height. (3) All mechanical equipment on a Solar Farm, including any structure for batteries or storage celles, are completed enclosed by a minimum eight (8) foot high fence with a self-locking gate. (4) The installation of a vegetated perimeter buffer to provide year-round screening of the system from adjacent properties. (5) Because of neighborhood characteristics and topography, the Planning Board shall examine the proposed location on a case-by-case basis in order to ensure no detrimental impact to Town residents, businesses, or traffic. (6) All solar energy production systems are designed and located in order to prevent reflective glare toward any habitable buildings, as well as streets and rights-of-way. (7) All onsite utility and transmission lines are, to the extent feasible, placed underground. (8) The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. (9) The system is designed and situated to be compatible with the existing uses on adjacent and nearby properties. (10) All solar energy system components shall have a fifty (50) foot setback in the front from the center line of the highway and twenty (20) foot setbacks from the sides and the back unless there exist abutting residential uses, in which case all such components shall be a minimum two hundred (200) feet from any residential structures, deviation from which requires an Area Variance. (11) Solar modular panels shall not contain hazardous materials. (12) All appurtenant structures including but not limited to equipment shelters, storage facilities, transformers, and substations, shall be
Page 9 architecturally compatible with each other and shall be screened from the view of persons not on the parcel. (13) Lighting of Solar Farms shall be consistent with State and Federal law. Lighting of appurtenant structures shall be limited to that required for safety and operational purposes and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution. (14) A sign is required that identifies the owner and operator with an emergency telephone number where the owner and operator can be reached on a 24-hour basis. There shall be no other signs except announcement signs, such as No Trespassing signs or any signs required to warn of danger. (15) There shall be a minimum of one (1) parking space to be used in connection with the maintenance of the solar photovoltaic facility and the site. Such parking space shall not be used for the permanent storage of vehicles. (F) Additional Conditions. (1) The Solar Farm owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local fire chief. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the Solar Farm shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation. (2) No Solar Farm shall be approved or constructed until evidence has been given to the Planning Board that the utility company that operates the electrical grid where the installation is to be located has been informed of the Solar Farm owner s or operator s intent to install an interconnected customer-owned generator. (3) A Solar Farm owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local fire chief and Emergency Medical
Page 10 Services. The owner or operator shall be responsible for the cost of maintaining the Solar Farm and any access road(s), unless accepted as a public way. (G) Decommissioning/Removal. All applications for a Solar Farm shall be accompanied by a Decommissioning Plan to be implemented upon abandonment and/or in conjunction with removal of the installation. Prior to removal of the Solar Farm, a permit for removal activities shall be obtained from the Code Enforcement Officer. The Decommissioning Plan shall include the following provisions: (1) The owner, operator, or his/her successors in interest shall remove any ground-mounted solar collectors which have reached the end of their useful life or have been abandoned. The owner or operator shall physically remove the installation no more than one hundred fifty (150) days after the date of discontinued operations. The owner or operator shall notify the Town Code Enforcement Officer by certified mail of the proposed date of discontinued operations and plans for removal. (2) Physical removal of all ground-mounted Solar Collectors, structures, equipment, security barriers, and transmission lines from the site. (3) Disposal of all solid and hazardous waste in accordance with local, State, and Federal waste disposal regulations. (4) Stablization or re-vegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation. (5) Absent notice of a proposed date of decommissioning and written notice of extenuating circumstances, the Solar Farm shall be considered abandoned when it fails to operate for more than one (1) year without the written consent of the Planning Board. If the owner or operator of the solar farm fails to remove the installation in accordance with the requirements of this section within one hundred fifty (150) days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation. (H) Costs of Decommissioning/Removal. The operator of an installation and the owner of the real property on which such installation is located shall be jointly and separately liable for all costs
Page 11 and expenses of the Town incurred during and relating to the removal of an installation under Section 48-44.3(G)(5). Notwithstanding the foregoing, the Town shall first attempt to secure payment for such costs and expenses from the operator of the installation; however, in the event the Town is not made whole following reasonable attempts to collect such costs and expenses from the operator of the installation, the Town reserves all rights under the Code to pursue payment for such costs and expenses from the owner of the real property on which the installation in question is located. (I) The invalidity of any clause, sentence, paragraph, or provision of this Local Law shall not invalidate any other clause, sentence, paragraph, or part thereof. (J) All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed. (K) This Local Law shall take effect upon filing in the office of the New York State Secretary of State.
Page 12 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 1 of 2016 of the Town of Mount Morris was duly passed by the Board of Trustees on February 23, 2016, in accordance with the applicable provisions of law. I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph 1, above. Christie Murphy, Town Clerk (Seal) Date: February 23, 2016