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The Town Planning Board of St. Johnsville

 

  

Saint Johnsville Planning Board Minutes Archive - 2018

 

2018 -  Jul.31 | Aug.15 | Sep. 12 | Oct.02 | Oct.16 | Oct.30 | Nov.13 | Dec.11

ST. Johnsville Town Planning Board  December 11, 2018

Meeting called to order at 7 p.m. by Chairman Marcel) Falcon

Present were Marcel Falcon, George Haines, Judy Swartz, Melanie Shuster Les Larsen. From the Public Mr. John Regan and Geoff Johnson from Cypress Creek Renewables

Minutes of previous month approved.

A woman called our Chairman with regards to the Drinkwater Solar Project voicing her concerns as to oil spills. Marcell assured her that this has all been taken very seriously with the Operations and Maintenance in regard to the Environment, being carefully planned by the Town Planning Board in accord with SEQRA.

Mr. Regan brought to the Board the updated version to the Drinkwater Solar Project of Number 9 pertaining to a copy of the Lease Agreement that is to be filed with the Town. Number 11 Noise-producing equipment has to be sited to minimize the impact on adjacent property.

Discussion then made on the 4000 square feet on the Lottman site pertaining to Battery Storage on the 2 MW Project with an Amendment showing additional proof of 4 MWhrs of storage capacity.

Marcel made the motion of additional Battery Storage to be made with George Haines seconded the motion. Carried by the Board.

Motion by Marcel to declare the Action a Type If pursuant to SEQRA Section 617.5 (c) (7). Seconded by Judy Swartz, passed by the entire Board.

Motion made by Marcel to issue a Special Use Permit, seconded by George Haines, Passed by the Board.

Mr. Regan told the Board that he had changed his schedule from a much larger Township to meet with us, as he believed it was a pleasure to work with such an accommodating board that treated him with such respect. He also stated that he was looking forward to working with us on his next bigger project which is the Kennedy Road Solar Farm.

Les Larsen made a motion to close at 8:45 pm with Judy Swartz seconded the motion.

Melanie Shuster, Secretary

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St. Johnsville Town Planning Board  November 13, 2018

Meeting called to Order at 7:08 pm by Chairman Marcel Falcon

Present Chairman Marcel Falcon, Vice Chairman George Haines, Judy Swartz, Melanie Shuster, Code Enforcement Officer James Castrucci, Ann Waling Project Engineer from Cypress Creek Renewables.

Pledge Of Allegiance No Public Comments

George Haines made a motion to approve the October minutes, seconded by Marcel Falcon, passed by the Board.

A question was then asked to Ann Waling pertaining to the 32 to 35 acres wood being removed in the Kennedy Road Project. Would this be given to the Community or perhaps to the land owner. Ms. Waling thought we might have to adjust this condition based on the approval of the Planning Board. The Chairman also wanted more information pertaining to the clean up of the land and also any needed repairs to the roads during this project. He also stated that at the Public Meeting he would want this clearly presented on the agreements of the wood, along with Road Maintenance and Appearance.

Discussion was made pertaining to all of the above with this a motion was then made by the Chairman, seconded by Judy Swartz requesting a change in the Site plan to accommodate these issues. Everyone agreed.

Ms. Waling agreed to retype the Site Plan to adjust to the conditions that was asked to work with this Board. She stated many times

they would cut up the wood into six or eight foot chunks leaving this for the landowners. She said they would adjust to any conditions that we needed for approval in accordance with SEOR. She said they would make the necessary changes and we would be hearing from them in the future. The Chairman thanked her for coming, spending the necessary time with our Board.

Chairman Falcon informed the Board of a very helpful conversation with Christopher Anderson of the Associations of Towns, informing him that we were all a volunteer board. Mr. Anderson was very glad to be of service to us.

A motion to adjourn was made by George Haines at 8:20 pm seconded by Judy Swartz. Next meeting will be on December 11, 2018.

Melanie Shuster, Secretary

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St. Johnsville Town Planning Board   October 30, 2018

Meeting called to order at 7:00 am by Chairman Marcel Falcon. Present from the Board George Haines, Les Larsen, Melanie Shuster. Absent Judy Swartz.

Pledge of Allegiance

The purpose of this meeting is a Public Informational Meeting about the proposed 2 Megawatt Community Solar local Energy Construction site being made available for building on land owned by Roger Lottman . The nearby land owners being notified by registered mail within the ten days required by law.

Present from the Public Joe Sokol ( Past Chairman of the Planning Board), Ron Hezel, Town Board Member, David and Dawn Shaut, Wendy Miller, Charles Straney, Carl Lottman, James Rouled, John Regan Project Manager of Cypress Creek Renewables.

A detailed informational meeting was made by Mr. Regan explaining what is Solar Energy and what would be the benefits to the local landowners. He explained what the facilities were made of, pertaining to the environment. The term "photovoltaic" means that sunlight is converted into electricity. A solar panel works by generating photons or particles of light that comes from the Sun to knock electrons free from atoms, generating a flow of electricity.

Depending on the size of a project, noise dust and visual impacts from large equipment may occur during construction. Once the Solar farm is installed there will be little activity on the site. Solar projects generate power with few or no moving parts and make very little noise.

Questions concerned from the Public were mostly about heavy equipment damaging the roads and would the Company make the additional repairs without the taxpayers paying the cost. Mr. Regan assured us they would take on the responsibility. Mr. Hezel wanted to make sure brush and waste did not occur on his property which borders this site. The property would be properly surveyed and he assured Mr. Hezel this would not occur. Mr. Sokol having looked over all of the maps and drawings said he felt quite comfortable with our decision to go ahead with this project. Mr. Sokol inquiring also being about the Front yard height of buildings and the side yard set of 50 feet. He felt "good" about this project.

The address of the site is 550 Crum Creek Road being zoned Agricultural Residential. Our Chairman thanked everyone for taking the time and expressing their thoughts at this meeting.

The Public then left with the Board meeting speaking again about the very much needed correction from the State Law pertaining to trailers over five years old. This Motion was made by Marcel Falcon, seconded by George Haines, passing by the Entire Board. It was agreed upon the Board members would attend the next Town meeting with our Chairman speaking for us.

Questions were asked about the new Board Members as we all saw the two application letters and had voted on this in an orderly manner. Marcel will have to investigate this matter with the Board. Les Larsen made the motion to close the meeting at 8:15 pm, seconded by Melanie Shuster.

Next Meeting will be November 13, 2018

Melanie Shuster, Secretary 

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Town of St. Johnsville Planning Board   October 16, 2018

The meeting was called to order 700 p.m. A salute to the Flag followed.

Present Chairman Marcel Falcon, Vice Chairman George Haines, Judy Swartz, Les Larsen, Melanie Shuster. Honorable Norman Mastromoro From the Public John Regan, Project Manager of Cypress Creek Renewables, Chad Fitzpatrick, Desiree Sanders, Geoff Johnson, Joseph L. Sokol, Pat Lutz, Roger Lottman, Charles T. Straney

The purpose of this meeting originally was to have been an informational meeting for the Public of a 2 megawatt Solar Energy System intending to be installed nearby the residents of Crum Creek Road and Allen Heights.

In Section 18 Number E of Town of St. Johnsville Land Use Law of April 2010 quote: The Planning Board of said complete application shall give notice of a hearing in a newspaper of general circulation in the Town at least ten (10)days prior to the hearing. In addition, the Applicant shall give notice in writing by Certified Mail, return receipt requested, required to all property owners of the land immediately adjacent to, extending five hundred feet (500) from the Street frontage of the said application. The applicant shall mail these notices at least ten (10) days in advance of the hearing and furnish the Planning Board with such Post Office Receipts as have been received as of the date of such hearing.

Due to the fact that the residents received notices one day before the hearing, An error has now been made causing the meeting to be illegal.

For this reason The Chairman requested a motion to close the meeting the motion made by George Haines, seconded by Judy Swartz. Board passed. The Chairman made apologies to the residents asking them to return on October 30th

Melanie Shuster, Secretary

PLANNING BOARD

Town Barn Complex
7431 State Highway 5
St. Johnsville, NY 13452.
518-568-2662

NOTICE OF PUBLIC HEARING

The Town of St. Johnsville Planning Board will hold a Public Hearing on a Special Use Permit Application Pursuant to Section 45.3 of the Town of St. Johnsville Solar Code to allow the development of a Utility-Scale Solar Energy System on lands owned by Roger Lottman located at 550 Crum Creek Road Tax Map # 08.01.111.

The Public Hearing will be held on the 16th of October, 2018 at 7:00 at the Town Barn Complex located at 7431 State Highway 5, St. Johnsville, NY 13452. The application is open for inspection at the Planning Board office located at Town Barn Complex located at 7431 State Highway 5, St. Johnsville, NY 13452. Office hours are Monday, Wednesday and Friday 9:00 am to 1:00 pm and Monday 5:00 pm to 7:00 pm.

By order of Marcel Falcon

Chairman, Planning Board, Town of St. Johnsville

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Town of St. Johnsville Planning Board Minutes October 02 2018

The meeting was called to order at 7 O'clock by Chairman Marcel Falcon. Also present was Vice Chairman George Haines, Les Larsen, Judy Swartz and Melanie Shuster

The purpose of this meeting was to inform the entire Board of an error in our Land Use Law dated April 2010. It had to do with SECTION 43 # G Stating all mobile homes installed in the town shall not be less than ten years old. Upon researching this data with the New York State Laws he found indeed Section 43 # G was incorrect. Chairman Falcon then gave to each of the members a copy of the New York State Laws validating this information. Since New York State Laws legally supersedes the Towns Land Use Law a lively discussion took place on how this happened.

 

A motion by Marcel Falcon seconded by Judy Swartz, passed by the Board to have the entirety of the New York State Law be placed in our minutes. It reads: Implementing Federal regulations became effective July 15th, 1976 mobile homes manufactured after that date must display a HUD Seal or data plate to verify their proper construction. Municipalities may regulate mobile homes without a data plate differently than those with the plate. However, if a pre-1976 home can pass the structural, electrical and other required inspections, it must be allowed wherever similarly-sized HUD certified homes are allowed. MUNICIPALITIES MAY NOT MAKE A DISTINCTION BASED ON THE AGE OF ANY HOMES WHICH HAVE A HUD SEAL, SUCH AS ONLY ALLOWING MOBILE HOMES LESS THAN FIVE YEARS OLD TO BE PLACED ON INDIVIDUAL LOTS.

 

The Department of State has been designated as the State Administrative Agency (SAA) that works in cooperative agreement with the Federal Department of Housing and Urban Development (HUD) . As an SAA, the Department of State's Division of Code Enforcement and Administration monitors the design and production of manufactured homes in the state for consistency with HUD construction standards. In addition, the SAA investigates consumer complaints regarding the performances of the home.

 

The New York State Uniform Fire Prevention and Building Code (9 N.Y.C.R.R. Part 1220) provides that manufactured homes and mobile homes are to be Constructed and installed in accordance with regulations adopted by the Federal Government. The SM has found that the most prevalent code problem encountered by manufactured home owners is improper installation. To combat this problem, they recommend that the municipal code enforcement officer perform three inspections when a mobile home will be placed on a lot. First, the site should be inspected prior to installation to ensure that it was properly prepared. Second, during installation the code officer should check the manufacturer's manual against the pier locations. Finally, after installation the code officer should check to make sure the electrical and plumbing connections are properly made.

 

The Board then asked the Chairman to attend the next Town Board Meeting on October 11th to bring this information to their attention.

 

Chairman Falcon informed the Board that in the future we would be enlarging the number of people on the Board to 7 For this reason, he then had two new applications. One from Louise Robusto and one from Margaret DiGiacomo. Motion made by George Haines to approve the new members, seconded by Les Larsen. Passed by Board.

 

Melanie Shuster, Secretary

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St. Johnsville Town Planning Board   September 12, 2018

Meeting called to order by Chairman Marcel Falcon at 7:15 pm. Also present Vice Chairman George Haines, Judy Swartz, Les Larsen, Melanie Shuster.

Present from the Public, Cypress Creek Renewables Zoning Manager John Regan along with Marisa Scavo.

The Minutes of the meeting of August 15,2018 were approved

The Board is to have a Declaration of Intent with a vote pertaining to the Drinkwater 2 megawatt 20 acres Solar Project. The motion made by George Haines, seconded by Judy Swartz carried by the Board.

We then had a discussion about the Lead Agency with Cypress Creek Renewables. We agreed based on our research that the Planning Board would better serve the Town by accepting this responsibility. We all were in accord.

Judy Swartz made the motion that the Town of St. Johnsville Planning Board would be the Lead Agency with Cypress Creek Renewables with Les Larsen seconded the motion. Passed with the entire Board.

A discussion was then held on the Referral Form that has to be sent to Montgomery County Planning Board. Judy Swartz thought that in the 239-m Referral Form the Motion should be complete in every detail. For this reason the Motion is quite lengthy.

George Haines made the Motion for Referral Form 239-m with the Applicant Drinkwater Solar LLC site 550 Crum Creek Road, St. Johnsville, N.Y. Tax Map 8-2-1-111 vacant land of 25 acres not on Public Water Current Zoning A, not requiring a variance, nor a DOT work permit be sent to the Montgomery County Planning Board, with Marcel Falcon seconded the motion. This passed unanimously.

A discussion on the application for the Handy Project, with the permit being sent back to the Code Enforcement Officer as it was in error. George Haines made motion to close at 8:30 pm seconded by Les Larsen.

Melanie Shuster, Secretary

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St. Johnsville Town Planning Board   August 15, 2018

The meeting was called to order at 7 p.m. by Chairman Marcel Falcon. Also present were Vice Chairman George Haines, Judy Swartz, Melanie Shuster. Absent Les Larsen.

From the Public was Supervisor Dominick Stagliano, Martha Mancini, Michael Mancini Ann Waling, Marisa Scavo, Zoning Manager of Cypress Creek.

A Pledge of Allegiance then followed.

The Chairman received a Supplemental Project Information from Drinkwater Solar LLC pertaining to his response having to do with questions of traffic safety and trip generations during construction and post-construction during long term maintenance of the facility. In regard to Vegetation Maintenance practices they provided documents with additional information.

From the Full Environmental Assessment Form designed to help the Lead Agency inventory all potential resources that may be affected by the Proposed Subject with Cypress Creek, Ann Waling helped us clarify any problems we might have at the present time. A discussion held on page #4 article 7 referred to the impact on plants and animals. Judy Swartz mentioned her concern for the spraying of insecticides for brush with the problem of wind to nearby dwellings or animals. Ann Waling replied that this would be in accord to the Laws of the Department of Agriculture.

Supervisor Stagliano spoke that he believed it would be fitting for the Town Planning Board to be the Lead Agency due to their research and investigation considering the amount of time and work involved. We would then go to the Town Board for Approval.

Chairman Marcel Falcon presented this motion to the Board which passed unanimously. We are to meet again after 30 days which will be on September 12, 2018 at 7 pm with a Declaration of Intent for the Drinkwater 2 megawatt 20 acres Solar Project.

A discussion was then made on an error of judgment in issuing a permit to Jordan Energy for a Solar Project due to the fact that this would be in a Historic Area Placement.

Judy Swartz made the motion to have the Permit returned to the Code Enforcement Officer as this should not have been given to us in the first place. Mr. Handy should also be told that he might take this to The Board of Appeals, if he should choose to do so. Seconded by George Haines, passed by entire Board.

No new Business

Motion to close by Judy Swartz at 8:30 pm, seconded by George Haines

Melanie Shuster, Secretary

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Town of St. Johnsville Planning Board       July 31, 2018

The meeting was called to order by Chairman Marcel Falcon at 7 pm

Present were Chairman Marcel Falcon, George Haines, Assistant Chairman, Judy Swartz, Les Larsen, Melanie Shuster Secretary, Code Enforcement Officer James Castrucci, From the Public John Regan, Senior Community Manager of Cypress Creek Renewables.

John Regan was given the floor to make his presentation. He was interested whether or not the Planning Board was the Lead Agency. Due to the fact that Solar Power is a new Industry, the Board was then open for a Discussion. In the past the Board has been one of gathering up the facts, giving the Town Board our decisions. The Town Board was then the one to make decisions. He said the Lead Agency would then be responsible to go to the Town Board for approval and then the County. We then were to write up a Procedure with Cypress Creek Renewables to forward to our Attorney. We would also need to Declare our Intent.

The Chairman replied that at the very next Town Meeting he would attend to clarify whatever problems that Mr. Regan has brought to our attention along with a decision on the Lead Agency. A lengthy discussion then occurred on Restoration of Roads if, any damage was to have happened

We are to meet again on August 15, 2018 at 6:30 pm.

A Motion to close the meeting at 8:15 by Judy Swartz, seconded by George Haines.

Melanie Shuster, Secretary

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