1.      Corp of engineer approval

2.      Road bond (TBD after winter)

3.      Decommission Bond (TBD)

4.      Confirmation of Notice of Intent to Dept. of Ag & Markets

Chairman Falcon motions for a negative Declaration (no negative impacts), 2nd by Member Larsen All in Favor-4

Member McDaniel motions to approve the Resolution Finding no significant adverse Impact, 2nd by Member Larsen

All in Favor -4

Chairman Falcon motions to approve the Site Plan Resolution, 2nd by Member Haines All in Favor-4

These were approved with the condition of the stipulations and corrections discussed. Marisa Scavo to be sending corrected documents and will be in contact with Atty Mastromoro to be drawn up.

Old business cont. Meeting recordings need to go to Lynn Stever to be saved as public record. New Business: None

Motion to adjourn at 8:00 pm

Motion by Member Larsen

Seconded by Member Haines

Notes Recorded By Member McDaniel

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Town of St Johnsville N.Y. Planning Board - October 08, 2019

Present: Marcel Falcon, Les Larsen, George Haines, Louise Robusto Absent: Mariah McDaniel

Public: Carolyne Bean, Marisa Scavo, Nelson Darrach IV, Marlene Rostohar, Brandt Rostohar, Doug Warden, Dominick Stagliano

6:35 pm Meeting called to order Salute to the Flag

Roll call of members

Minutes

Motion to accept Planning Board 9/18/19 minutes: Motion by Member Larsen, 2nd by Member Haines

All in favor- 4

Motion to accept minutes of 9/10/19 minutes of Public Hearing for Brower subdivision:

Motion by Member Larsen, 2nd by Member Haines

All in favor- 4 Old Business

Kennedy Rd Solar Project. Discussion regarding US Army of Engineers not receiving requested-information by July 26th, 2019 and as of September 18, 2019 had still not received such information. Considering this they have closed the file on this application.

Chairman Falcon made a motion to continue and put this on next months agenda, subject to approval of Army Corp Of Engineers.

Motion 2nd by Member Larsen All in favor- 4

Cultural resource part 2 and 3 to be discussed at November 12th meeting. Information requested 2 weeks prior to meeting

St. Johnsville Town Planning Board - September 10, 2019

SEQRA Parts 2 & 3 completed. All 3 parts of SEQRA will be available at the public hearing. Once we get confirmation from the county regarding the archaeological .significance of the property and the potential wetlands we will make a positive/negative determination on the subdivision.

New business:

Discussion ensued regarding the litigation surrounding calling an executive session during a public meeting. Planning board members understand that executive sessions can only be called for a limited number of reasons.

Meeting minutes:

Minutes of August 13, 2019 meeting presented and read. Minutes were rejected by both Chairman Falcon and Member Haines. They will be reviewed at a later date. Chairman Falcon intends to give the Town Board a copy of the recording from the August meeting so they can determine their interpretation of the events of the meeting. Until then the minutes are being tabled.

The next meeting will be October 8, 2019 at 6:30 pm. Meeting adjourned at 8:37 pm.

Respectfully submitted, Mariah McDaniel (acting Secretary during Louise Robusto's temporary absence)

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St. Johnsville Town Planning Board –  August 13, 2019 ( Note: The following minutes were handed out by the Planning Board but not formally approved as of 12 17 2019.)

Tuesday, August 13, 2019

Present: Chairman Marcel Falcon, Members: Mariah McDaniel, George Haines, Les Larsen

Absent: Louise Robusto

Public: Town Supervisor Dominick Stagliano, Mark Brower, Mitchell Brower, Anne Waling of Cypress Creek Renewables (CCR), Jason Dickey of TRC (accompanying Anne Waling regarding Environmental Assessment of the Kennedy Rd project), Attorney Doug Warden of Snyder & Snyder, LLP (accompanying Anne Waling regarding the Kennedy Rd project)

6:30 pm: Meeting called to order

Roll call of members

Salute to the Flag

Minutes of July 9, 2019 meeting presented and read. All in favor of accepting the minutes (4), none opposed.

Public Comment: None.

Old Business:

-          Brower subdivision:

o       Chairman Falcon states there has been confusion about “whether this is a subdivision or a division of land”. Falcon states he has discussed this matter with Town Supervisor Stagliano and Town Attorney Norman Mastromoro at length. Falcon also states he spoke with someone in the Office of the Attorney General, as well as the Real Property Bureau, and they verified his interpretation. Falcon references the 2nd paragraph of the Town of St. Johnsville Subdivision Regulations of 1993, which describes subdivisions per Real Property Law. Falcon states that according to law, a property is only considered a “subdivision” if it will result in a parcel of land being offered for sale to the public, and since Brower’s son will be acquiring the 2 acre parcel being divided off, this is considered a private action and does not constitute a subdivision; therefore does not require the same approval process as a subdivision.

o       Supervisor Stagliano tells Chairman Falcon he should read the 3rd paragraph of the Town of StJ Subdivision Regulations describing how a municipality can define its own regulations, and also that a subdivision is the division of land into 2 or more parcels. Stagliano says Mr. Brower deserves due process from the Town. Stagliano denies Falcon’s claim that he spoke with the Attorney General’s office in Albany and the Real Property Bureau of Montgomery County. Stagliano objects Falcon’s claims and doubts Falcon spoke with these individuals. Falcon tells Stagliano he should leave the meeting. Stagliano says he won’t leave until Mr. Brower has clarification on what he should be doing. Falcon says he has given Mr. Brower the clarification he needs. Stagliano says Falcon has a whole board to make decisions with. Falcon says he is presenting the information to the Planning Board so they can make their decision as to the course of action. Stagliano claims Falcon is misinterpreting the information he is receiving. Falcon offers Stagliano phone numbers for the individuals he’s spoken to in the Office of the Attorney General and the Real Property Bureau. Falcon urges Stagliano to contact these people and get back to him when he has. Falcon requests that Stagliano discontinue this dialogue and remain silent for the remainder of the meeting. Stagliano tells Falcon he is going to start an Article 75 on him. Falcon says he should do the same to Stagliano. Falcon again asks Stagliano to leave the meeting. Stagliano again states he will stay until Mr. Brower gets what he came for, so that he can go file with county clerk so it can go over to real property tax then he can get an SBL number. Falcon says he won’t get an SBL until he has his land surveyed. Falcon again urges Stagliano to contact Real Property. Stagliano says the Planning Board should be aware of Town Attorney Mastromoro’s interpretation of the town subdivision regulations, and that Mastromoro has already counseled Falcon on his interpretation. Falcon states town law does not supersede state law in this case. Stagliano asks if Falcon questions the legality of a town regulation that has been in place since 1993. Falcon says no, that his reasoning is directly pulled from the 2nd paragraph of the town subdivision regulations. Stagliano urges Falcon to review the definition of a minor subdivision (“Any subdivision creating two (2) to four (4) lots from an original parent parcel during a five (5) year time period and which does not require the construction of a new street or the extension of any existing street or municipal facilities. The five (5) year time period shall start when the first lot is subdivided from the parent parcel.”). Falcon tells Stagliano he is not going to argue this further. Stagliano again states he is not leaving until Mr. Brower knows what he needs to do. Falcon again asks Stagliano to remain silent for the remainder of the meeting. Falcon states he has told Mr. Brower he needs to survey the property, then bring the survey to the Planning Board and we’ll sign it. Stagliano says no, there also needs to be a public hearing. Falcon says that no, we do not have to hold a public hearing, that that is the town board’s rule. Falcon says this is not a subdivision due to the private transfer of the parcel he’s dividing off. Stagliano references a conversation between Falcon and Mastromoro when Falcon calls the town subdivision regulations unconstitutional. Falcon confirms he feels it’s unconstitutional. Stagliano asks Falcon if he expects the Planning Board to follow his lead. He reminds Falcon he is one of five and each member has a vote. Falcon again asks Stagliano to leave or keep quiet. Stagliano says, when Mr. Brower goes to Fonda he’ll be given a form that asks “Are you subject to subdivision?” Falcon says it’s not a subdivision and again urges Stagliano to speak with the contacts he’s provided. Stagliano says he is going to start a hearing against Falcon. Falcon again asks Stagliano to leave. Stagliano again states he is not leaving and he wants a copy of the tape recording of the meeting. Falcon says Stagliano needs to request it in writing. Stagliano says no, it’s town property. Falcon disagrees. Stagliano says Falcon doesn’t understand and is “dangerous”. Stagliano submits an email he received from Town Attorney Mastromoro on 8/2/19. Stagliano wishes to have this email put on public record. The email reads as follows:

“Marcel contacted me by email regarding the Brower matter. It boiled down to him interpreting the subdivision regulations, introductory language – first two paragraphs, to mean that the correct definition of a ‘subdivision’, as a matter of State law, meant that the Brower proposal does not constitute a ‘subdivision’ for local purposes. 

I advised that what he was referencing were examples and referred him to the first sentence of the third paragraph and the definition in the TSTJ subdivision regulations. He concluded that I was interpreting incorrectly. I advised him that I was firm in my interpretation and that I conclude that Brower has not been properly approved under the local law. That is where it was left as of yesterday afternoon.” 

o       Chairman Falcon states the meeting minutes of June 2019 are incorrect in that it should be referred to as ‘subdivide’ rather than ‘subdivision’. Falcon also states a second house being built on Mr. Brower’s property was never brought up at the June meeting, and that the house being built is for Mr. Brower’s son, Mitchell, who is on the deed. The property needs to be divided so that Mitchell can get a mortgage in his name. Falcon makes a motion to approve Mr. Brower’s land to be divided, given it is a private action with no property being offered for sale to the public, it has a private driveway which will end up being a right-of-way to the 2 acre parcel he intends to divide from his property, and the 2 acre parcel is surrounded by Mr. Brower’s land with no apparent impact on neighboring property owners. Falcon states the individuals he spoke with on the topic state Mr. Brower needs only to have the survey (MYLAR) completed, bring it to the Planning Board to be signed, then submit it to the county. The motion was not seconded, therefore it went back to discussion on the table. Falcon asked if we’d prefer to discuss the matter in a closed session. Member Haines prefers a closed session. Falcon asked meeting attendees to excuse the board for a private discussion. Stagliano remained and questioned what reason the board has to go into an executive session. He states this is not a reason for an executive session. Falcon states he is unsure of reasons that qualify for an executive session so he will not argue that point, and calls for the meeting attendees to be brought back into the room. Discussion continues. Falcon and Stagliano both agree Mr. Brower could sue the town for improper management of the subdivision, but disagree on the reasoning. Falcon believes the town is requiring Brower to jump through too many hoops and he could sue. Stagliano states these are steps that must take place and if not handled as outlined in the town subdivision regulations he could sue. The Planning Board would like to follow the town subdivision regulations that have been in place since 1993. Mr. Brower also prefers to proceed in this manner. The matter will be researched more at a later time.

o       Mr. Brower had presented at the June 11, 2019 Planning Board meeting, at which time he submitted a letter of intent and a sketch plan to the Planning Board, demonstrating a 2 acre lot, on which his son, Mitchell, is building a house. The Planning Board discussed with Mr. Brower at this (August) meeting the regulation requirements for a subdivision. Falcon offered Mr. Brower the choice in which direction he’d like to go in regards to processing his subdivision – would he like to follow the Town of St Johnsville Subdivision Regulations of 1993, or would he like to pursue Falcon’s findings after his discussions with the Office of the Attorney General and the Real Property Bureau? Mr. Brower would like to follow the Town Subdivision Regulations of 1993. Discussion was had regarding the next steps in the process. The Short Environmental Assessment Form (EAF) was also reviewed by the Planning Board. Member McDaniel made a motion to classify the action as a minor subdivision. This motion was seconded by Member Haines. The motion carried 4-0. Mr. Brower then paid a $25.00 fee to the Planning Board to be submitted for processing. Mr. Brower is to have his land surveyed and will deliver the final plat submission to the town clerk’s office and to the Planning Board for review. The county Planning Board is also to receive a copy of the submission. Once all documents are in order a public hearing will be scheduled. Tentatively on 9/10/19 if all is in order in time to give adequate notice (5 days) to the public.

o       *Off topic note* Prior to departing the meeting, Supervisor Stagliano asks if we’ve heard anything about the SEQRA on the Kennedy Rd solar project. Chairman Falcon states we have not, but will be discussing this with Anne Waling of CCR later on in this meeting.

-          Cypress Creek Renewables – Kennedy Rd Solar Project:

o       Anne Waling states her immediate goal is to reschedule a site walk of the Kennedy Rd project as the previously scheduled dates did not work. She would also like to schedule a public hearing as soon as possible to allow locals a chance to engage in the process and in turn allow CCR a chance to make adjustments to the plans if need be. She also states the Planning Board still needs to declare lead agent on the project but that cannot be done until 30 days after declaring intent to be lead agent. The Planning Board declared intent to be lead agent during the July meeting. Attorney Doug Warden states declaration of lead agent can be done on the same day as the public hearing, tentatively on 9/10/19. Chairman Falcon asked Anne where they are in the SEQRA process. Anne states it is underway and will notify us as she learns more. The project application, site plans, and SEQRA need to be submitted to the town clerk’s office prior to a public hearing to allow the public a chance to review the material. The material must also go to the County Planning Board for review. The Planning Board has already reviewed the application and site plans but awaits the SEQRA.

o       Accompanying Anne is Mr. Jason Dickey who presents to review Exhibit D of the project application - the Environmental Assessment Form (EAF) - with the Planning Board and will address any questions/concerns. Anne states she too can address any other questions/concerns regarding the remainder of the application. Jason is an Environmental Consultant with TRC and is the project manager for the Kennedy Rd project. He has overseen all of the environmental & natural resources studies as well as the cultural resource studies. The EAF is a record of the company’s due diligence, detailing all of the environmental field studies and consultations that have occurred to date.

o       Member McDaniel asks why Exhibit C “Civil Site Plans” is empty - is this the large folded set of maps/diagrams which was submitted along with the application binder? Per Anne – yes

o       Jason directs attention to page 4 & 5 of the EAF regarding wetlands. He states that from 2017-2018 there were licensed wetland scientists on site to delineate all of the wetland features of the proposed project site. In July 2018 all of the results were submitted to the Army Corps of Engineers, from whom a jurisdictional determination was requested. In September 2018, they came for a site visit to verify first-hand the boundaries of the wetlands and whether they will be jurisdictional under the Clean Water Act. After review of the submitted findings along with the site visit, the Army Corps of Engineers concurred with the wetlands boundaries and found all wetland features to be jurisdictional. In looking at the Kennedy Rd site plans, one can see wetland features were avoided. The exception is, there will be a crossing which will course across a class C perennial water body. Dickey explains the DEC stream classification. As a Class C water body, this is not jurisdictional to the DEC; however it is jurisdictional to the Army Corps of Engineers under the Clean Water Act. Given the fact that a farm-related crossing is already present at this site, the crossing will only have to be widened; therefore the disturbance will be minimal. They also plan to run an electrical conduit through a bore hole under a stream bed.

o       Jason moves on to direct attention to page 6 of the EAF regarding storm water. Any time more than an acre of land is disturbed, there needs to be a Stormwater Pollution Prevention Plan (SWPPP) in place. The SWPPP describes the best management and steps that will be taken to keep loose sediment from leaving the site and from entering water bodies, both during and after the construction process. Both pervious and impervious materials will be used over the course of the project to manage storm water and sediments. Ultimately the ground should remain stable. Member McDaniel asks what the 4 acres of impervious materials consists of, as described on page 6 of the EAF – is that the access roads? Per Jason and Anne, yes, in addition to inverter pads and a small substation.

o       On page 8 of the EAF there is a description of noise disturbances. Jason explains that there may be some noise during construction but only during working hours. After completion of the project the noise is very minimal, and any noise would be during daylight hours while the inverters are running. In addition, no outdoor lighting is being proposed; therefore no light disturbance is anticipated.

o       Member McDaniel inquires about a discrepancy in the number of acres expected to be deforested. On page 8 it states 35 acres will be deforested. On page 9 it states 39 acres will be deforested. Jason and Anne suspect it is 35 acres but will confirm.

o       Member McDaniel asks whether an archaeological survey of the land was completed, and what were the results? Jason states it is being done in phases. Phase 1a is completed which is largely a desktop exercise but very involved, referencing past studies and research. This was completed in Spring 2019 and findings were submitted to the State Historic Preservation Office (SHPO). SHPO recommended they proceed with Phase 1b of the survey which involves digging dirt, running it through a sieve, and looking for evidence of artifacts. This is scheduled to happen in September.

o       Jason goes on to discuss endangered species. The US Fish & Wildlife Service was consulted. They made note of the presence of the Northern Long-eared Bat (NLEB), which commonly pops up in surveys across NYS. The site plans are in compliance with their regulations regarding the NLEB. At the state level, they made note of a bald eagle’s nest which turned out to be 2.5 miles away from the project site on East Canada Lake. It was determined the eagle’s nest is of no consequence to the project, nor is the project a threat to the nest. The state also made note of the potential for state-protected grassland bird species, including songbirds and raptors (Short-eared Owl & Northern harrier). A Winter Raptor Study was conducted over the winter. Northern harriers were spotted flying overhead early in the study, but did not show signs of roosting or foraging. A Grassland Breeding Bird Survey was conducted in the spring. This study focused on the short-eared owl, northern harrier, and a variety of songbird species.

o       Member McDaniel asks regarding Exhibit F “Decommissioning Plan…” – Do these numbers mean CCR will make $214,191.61 profit (or recoup) after decommissioning? Anne states these numbers are the best estimates possible, but yes – if salvage values are included in the final estimation, there could potentially be a small net profit. Overall, the Decommissioning Bond is an assurance that there is funding to return the land to its original state after the project has either run its course or is catastrophically non-operational.

o       Member McDaniel asks why there is no Exhibit L for the SWPPP – Jason states this will be a large amount of paperwork. Anne states if we don’t have it she will make sure we get a copy.

o       Member McDaniel asks regarding Exhibit M “Proof of Injection…” – Is that info supposed to be blacked out? – Anne states it is blacked out because it is propriety information about other injection sites and would require payment to get that information. The important information is what isn’t blacked out, which details the capability of the system to handle the injection load from the Kennedy Rd project.

o       Member McDaniel points out a typo on the first page of Exhibit N “Proof of Site Control” – “Kenney” Road should read Kennedy Road

o       Member McDaniel addresses discrepancies seen throughout the application in regards to quoted acreage, project cost, anticipated local spending, homes supplied, and construction duration (see table below). Anne states these are preliminary numbers pulled from several studies and sources but they will look into this because these numbers need to be consistent and as accurate as possible. (A copy of Member McDaniel’s list of questions, including the table found below was given to Anne and Doug, as well as the Planning Board members.)

 

	Permit Application	Project Description (Intro Section)
Acreage	140 acres (458 total) Exhibit A – Page 1 (140) Exhibit A – Page 2 (458)	200 acres Page 3 & 20
Project Cost	$26 million Exhibit A – Page 1	$36.4 million Page 4 & 19
Local Spending	$12.5 million Exhibit A – Page 1	$20 million Page 4 & 19 & 28
Homes Supplied	5,000 homes Exhibit A – Page 1	5,600 (then later says 3-4,000 homes) Page 3 (5600) Page 20 (3-4,000)
Construction Duration	Approx 6-7 months Exhibit A – Page 1	Approx 9-12 months Page 24-25

 

o       Member Haines asks whether their power output typically varies from year to year. Anne says it absolutely does. The maximum will always be the same (i.e. 20 MW), but depending on factors like cloud coverage, etc, it won’t always be at maximum.

o       Anne states the application will be tightened up as the process moves forward and more information is available.

o       Anne and Jason state that all available acreage is studied thoroughly before deciding exactly where the project will be constructed.

o       Chairman Falcon asks whether they’ve conducted a traffic study – this will be relevant to the road bond which they will need in order to begin construction. Anne states that they have not yet done a traffic study but if we point out areas of concern, they will look into them with a formal study (i.e. typical truck counts, weight of the trucks/equipment, overall traffic during construction, current condition of the roads to be utilized, expected traffic after construction is complete, etc).

o       Doug Warden asks whether the road bond amount will be based on the traffic study findings. Chairman Falcon states – yes, we will come up with a number. For example, we’re not going to make them pay for road damage that existed prior to construction. We also need to know how many access roads there will be and where they’ll be placed.

o       Anne asks if we can set another date for the site visit since the dates previously scheduled in July did not work out. Tuesday 8/20/19 at 5:30pm was chosen as an agreeable date for the Planning Board and Jason Dickey. Anne will confirm with her colleagues (those whose presence would be required) if the date works. We will meet at the corner of Hillabrandt and Kennedy Rd. The goal is to see where the arrays will be placed, where the access roads will be located, where the stream crossing will be located, and where an electrical conduit will be bored underneath a stream.

o       Chairman Falcon states the Planning Board may require soil logs, soil profile and analysis, deep hole tests pits, etc – is this part of the environmental study? Jason says these types of studies are typically commissioned later on as they are gearing up for construction. Anne says it will be a different company than they’ve commissioned thus far for the geotech aspect. Prior to construction they will be out there performing these soil studies and obtaining some bores. They’ll need to know whether they’ll be installing parts of the project on rock so these studies are important for many reasons.

o       Member Haines asks whether they have already identified all of the soil types. Jason says yes, they have the soil maps, or “soil series”, which can be found in the application binder.

o       Chairman Falcon wants to confirm the land they’ll be leasing is from 3 different property owners. Anne says yes, 3 property owners. Chairman Falcon asks how much land each property owner will be contributing. Anne believes it is approximately even, about one-third of the total acreage per land owner which equates to approximately 150 acres a piece. They have each contributed approximately 50% of their land or less.

o       Member Haines asks if there will be any agricultural land incorporated into the project – in other words, will they be able to continue to utilize some of the leased land for hay? Anne says yes, and this may be some of the reason the owners are keeping certain areas of their land and willing to give up other areas. For example, Kerry Stowell will be holding onto the land he needs for his dairy operation as he wants to keep that going.

o       Chairman Falcon states it is important to local residents to maintain rural agricultural scenery – an industrial look is not desirable. Chairman Falcon and Member Haines remark on the unnatural appearance of a solar farm. Member Haines is happy a screening policy is in place to keep the rural flavor of the area. Anne states they will be adding a mixture of deciduous and evergreen buffers along the road to help screen the project and maintain a natural look.

o       Member Larson asks if the project near FMCC has seen a winter yet, and did the snow melt off and create any problems like flooding? Member Haines asks if the snow melts off the arrays in the winter time. Anne says sometimes it does but they model the project to reduce the amount of snow melt. Usually if snow accumulates it will slide off in a sheet when it heats up.

o       Chairman Falcon asks about the different panels they previously discussed. Anne says the panels they go with will depend on what panels are available at the time of construction. It will likely end up being a mix of tracker panels and fixed panels. It comes down to availability – solar panels are growing in popularity and they have to go with what they can get.

o       Chairman Falcon asks if there is any news on the Drinkwater project. Anne states she has no new news. She knows it’s not dead but that’s all she knows at this time. She does know they ran into some things with geotech. They discovered rock and they’re trying to figure out what they can do to make it work during construction. Another big part of the Drinkwater project is the tree clearing – the original quote no longer stands so they were waiting to hear back on another one, but that could be resolved by now. She will find out what she can.

o       Chairman Falcon expresses concern about the lack of progress on the Drinkwater project and hopes they are staying in touch with Roger Lottman. Anne will ensure her partners are in touch.

o       Doug Warden addresses General Municipal Law 239-m in regards to the County Planning Board form – the Town Planning Board has to submit this form and it needs to go out well in advance of the final decision because a decision cannot be filed until the Town hears back from the County Planning Board. They also need a copy of the application and the SWPPP. Anne says they typically just need to sign off – particularly if the town already has an ordinance – but they may have recommendations, mainly about farmland and visual screening. Doug states their recommendations are not binding and the town can vote to override them. Anne will send us the county referral form, an extra application, and the SWPPP.

o       Doug addresses the proof of insurance requirement as a condition of the approval resolution – he wants to ensure they can proceed as indicated in the town requirements.

o       Anne says they’d like to put together some visual analyses but we will wait until the site walk to decide where we’d like them to take pictures for visual simulations. These will be helpful during the public hearing.

o       Chairman Falcon states the Planning Board will schedule the public hearing for Cypress Creek for Tuesday 9/10/19 at 6:30pm, the date of our regular meeting. This is the same date the public hearing for Mr. Brower’s subdivision is proposed to take place. Anne will need to mail a registered letter to the 3 property owners and all adjacent property owners to notify them of the public hearing for the Kennedy Rd project. Anne confirms our newspapers are the Courier-Standard and the Recorder. Chairman Falcon states they simply need to send the information about the public hearing to the paper and they will run the notification but it has to be run 10 days prior to the hearing to make the deadline for public notification.

Land Use booklet revision: Tabled at this time. The Kennedy Rd project and the Brower subdivision take precedence.

New Business: No new business at this time.

The next meeting will be September 10, 2019 at 6:30 pm.

Member McDaniel made a motion to adjourn at 8:28 pm. Member Haines seconded the motion.

Respectfully submitted, Mariah McDaniel (acting Secretary during Louise Robusto’s temporary absence) 

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St. Johnsville Town Planning Board - July 9, 2019 Tuesday

Present: Chairman Marcel Falcon, Members: Mariah McDaniel, George Haines, Les Larsen, Louise Robusto

Other: Cypress Creek Renewables (CCR) Representatives - Ann, Carolyn, Marissa

Public: None

6:30 pm: Meeting called to order Roll call of members

Salute to the Flag

Public Comment: No public present.

Minutes of June 11, 2019 meeting presented and read. Motion made to accept the minutes of June 11, 2019, made by Member Mariah McDaniel, seconded by Chairman Falcon. All in favor (5), none opposed.

Old Business:

Chairman Falcon spoke with Jeff (in development) in California regarding special permit dated 1/8/19 for the Drinkwater solar project on Crum Creek Road. Jeff stated the permit is on hold due to changes in logging & excavation bids - they came in higher than originally quoted. Jeff also stated they are considering changing the panels to be used in the Drinkwater project. They are looking into panels which generate during the winter using reflection of light from the snow. The project may be put off up to a year while they consider their options, therefore the permit would need to be extended - it expires on 1/8/20. Ann of CCR states they will reevaluate as the expiration date approaches.

Member Mariah McDaniel submitted a list of suggested corrections to the Definitions section of the Land Use Regulations booklet, in addition to references to laws and codes related to a list of proposed amendments which was left in our file drop. These submissions were copied and given to each member for review. This will be revisited at a later time.

New Business:

Ann and Carolyn presented to the board a binder containing detailed information regarding the proposed Kennedy Road solar project. Each planning board member was given a copy of this binder in addition to a series of maps and diagrams to review. Ann outlined the content of this binder and her partner, Carolyn, presented the site plan. Ann asked that the planning board read the provided material and get back to her with any questions that arise. The planning board will tentatively walk the Kennedy Rd site with CCR representatives on 7/23/19, with a rain date of 7/30119. If these dates do not work out, another date will be chosen as the need arises. A check for the permit was submitted to the Planning Board by CCR, to be paid to the Town of St Johnsville. The Planning Board declared intent to be the lead agent for the Kennedy Rd project.

The next meeting will be August 13, 2019 at 6:30 pm.

Member Robusto made a motion to adjourn at 7:45 pm. Member Larsen seconded the motion.

Respectfully submitted, Mariah McDaniel (acting Secretary during Louise Robusto's temporary absence)

From: nljm@frontier.com

Subject: BROWER - SUBDIVISIONS

Date: Aug 2, 2019 at 6:04:07 AM

To: Dominick Stagliano

Marcel contacted me by e-mail regarding the Brower matter. It boiled down to him interpreting the subdivision regulations, introductory language - first two paragraphs, to mean that the correct definition of a 'subdivision', as a matter of State law, meant that the Brower proposal does not constitute a 'subdivision' for local purposes.

I advised that what he was referencing were examples and referred him to the first sentence of the third paragraph and the definition in the TSTJ subdivision

regulations. He concluded that I was interpreting incorrectly. I advised him that I was firm in my interpretation and that I conclude that Brower has not been properly approved under the local law. That is where it was left as of yesterday afternoon.

From:  Dominick Stagliano

Sent:: Thursday, August 22, 2019 2:36 PM

To: George Haines; Louise Robusto; Marcel Falcon; Mariah McDaniel

Cc: Norman Mastromoro

Subject::  Brower subdivision

To all Planning Board Members,

After reflecting on the discussion I tried to have with Chairman Falcon at your August 14th Planning Board meeting, I offer the following observation.

Chairman Falcon refuses to accept the statutory authority of our Subdivision Regulations of 1993 and he continues to double down with his confusing justification of what constitutes a subdivision in St. Johnsville and lack of need for Mr. Brower to secure a subdivision. He asks his questions and bases his opinion on his reading of the definitions of "subdivision" expressed in paragraphs I and 2 of the Introduction statement in our Subdivision Regulations which refer to NYS Public Health Law and Real Property Law.

It is irrelevant to the Town of St. Johnsville and the Planning Board how either of these departments of the State of New York define "Subdivision." The Town of St. Johnsville does not administer or enforce either of these regulations; the Department of Health and Department of State does. The definition used by them is for their administrative purposes; not for the Town of St. Johnsville or any municipality in New York State that has adopted Subdivision Regulations.

As for Chairman Falcon's discussion with Montgomery County Real Property Tax Director, Leigh Anne and I spoke to Director DiPasquale on August 14th  She said they explained to Marcel that "They required a signed plat map on Mylar for filing and by signing the map, the Planning Board was verifying that local municipal laws were followed." They went on to say that "They did not tell him that the signing of the map was sufficient for anyone other than the County."

Chairman Falcon refused to allow me at the meeting to direct the members of the Planning Board to the third paragraph in the Introduction that states "Municipalities are legally responsible for defining a subdivision in their subdivision regulations"

From the Department of State's Local Government Technical Series publication entitled Subdivision Review in New York State, it writes that "In the 1920's, municipalities in New York were statutorily authorized to review and control the subdivision of land. Since that time, countless subdivisions have been reviewed by planning boards and many court decisions about subdivisions have been rendered. In the early 1990's, the State Legislature authorized the Joint Legislative Commission on Rural Resources to develop recommendations for recodifying the State laws dealing with zoning and planning in light of changing times and precedential court decisions. In 1992, the provisions concerning subdivision review in the Town Law and the Village Law were substantially revised as a result. Three years later, the State Legislature enacted similar legislation for cities." Pursuant to State statute, "the governing bodies of cities, towns and villages may pass resolutions authorizing their

planning boards to review and approve preliminary and final subdivision plats." The Town of St. Johnsville Subdivision Regulations were adopted in November 1993 meeting the revised requirements in Town Law.

Tuesday, June 11, 2019

Present: Marcel Falcon, Mariah McDaniel, George Haines, Les Larsen, Pubic: Louise Robusto, Mark Brower

6:30 pm: Meeting called to order

Salute to the Flag

Roll call of members

Other:

Mark Brower requested subdivision of property on Klock Rd, 2 acres to build a house for his son. He stated he already has building permit for the house. He presented tax map with acreage mapped out. Chairman Falcon stated Mr. Brower has met all requirements. There was a question regarding the road whether it was public or private, Chairman Falcon stated there were requirements to be met in building a road. Mr. Brower said it was a private driveway. Town would not plow or maintain it. Klock Road ends right before the driveway, and he would like to keep it as such instead of making it a public road. Mr. Brower stated he had an address from the Montgomery county sheriff department.

Chairman Falcon made a motion to approve the subdivision, seconded by member Haines.

All in favor- 4

Opposed-0

Public Comment:

Old Business:

Minutes of May 14, 2019 presented. Member McDaniel made motion to accept, Member Haines seconded.

All in favor-4

Opposed —0

Old Business cont.

Chairman Falcon stated Cypress Creek Drinkwater project is back on hold. He called about bonds and neither bonds are set, they are in the legal department at present. Chairman Falcon stated he called California and spoke with Jeff Hastings. The reason for the hold is:

1. The price of the clearing of the land is nowhere near what they were quoted in the beginning.

2. They want to use a different panel which is cheaper, more efficient and produces more power. Possibly enough power for the whole town.

Chairman Falcon questioned if they hold off for a year would they need another permit. How long is this permit good for? He would have to contact county or. state.

Land Use Booklet:

Chairman Falcon stated there is many ways it can be interpreted. Member McDaniel stated something could be open ended. Chairman Falcon stated some seemed too lenient and others to strict. Another concern is some amendments or proposals are not in the book, so the board is not sure if these have been voted on or put into effect, where it came from, who put it in the box? Is there a file of proposals or amendments that have been passed?

Chairman Falcon made the recommendation to start going over definitions in the Land use Law.

ST. Johnsville Town Planning Board - Tuesday, May 14, 2019

Meeting called to order at 6:30 PM

Present: Marcel Falcon, Chairman, Les Larsen, George Haines, Manah McDaniel Public: Louise Robusto

No public comment

Minutes of April 9, 2019 meeting, read, and accepted by all.

Old Business: Road Bond from Cypress Renewables regarding Drink Water Project

Chairman Falcon stated road bond has to be in effect because it protects the town in case of damage to the road and also there are restrictions where they can travel limiting area of damage.

Chairman Falcon stated he hadn't had verification on road bond, but draft of demolition bond has been sent to Supervisor Stagliano. He sated the company wanted Chairman Falcon to oversee, but he stated he could not due to not knowing what Supervisor Stagliano negotiated. He stated the draft was here if anyone wanted to look at it.

Member Haines asked how much the bond was for. Chairman Falcon said $100,000. Chairman Falcon stated he thought it should be $300,000. He stated you have to return the site to original shape. It was stated that we would get scrap money but, is not known what scrap would be worth in 20-years. Member Haines said that if the town did it he thought the company was supposed to do it. Chairman Falcon was concerned if the panels were going to be set on concrete piers. Member Haines  said he had asked them and they said no. Member McDaniel stated she thought she had heard that Allen Heights project would have concrete piers. Chairman Falcon stated there would be a concrete pad. Member Larsen asked if anything had been put in the ground yet. It was stated nothing has been touched.

Member McDaniel stated she had heard they are going in to the site down by the Nursing Home for the Cram Creek Project. Chairman Falcon stated nothing could be done until the bonds are set, mainly the bond for the road. The demolition bond has to be in place also. Member Haines asked if this was to do with the representative that was saying everything was good. Chairman Falcon said yes, his name was John Regan, but there is still paperwork that needs to be done.

Member Larsen stated he goes by almost every day and nothing has been touched.

Chairman Falcon said he would notify all when the bonds are in place. Without them they can't move and if they do we can stop them. We have to protect the people of the town. Member Haines asked if the demolition bond was done. Chairman Falcon said this is only the draft. He has not yet received verification.

Chairman Falcon stated he had a meeting with Ann (of Cypress Creek Renewables) and the code enforcement officer regarding the Kennedy Road project. Chairman Falcon said he could not oversee that. He could only consult. He was asked by her boss, Ethan, if he could be at the meeting. So he attended the meeting. He stated he had some questions regarding the Crum Creek project that they were supposed to answer. Chairman Falcon stated the code enforcement enforcer only gives the permit, then we discuss it and the special use permit. The company asked if there was any leeway with the $40,000 Kennedy Road Project permit. Chairman Falcon stated we have nothing to do with the fee for permit. That is set by the town board. If they want to renegotiate, they have to go to the town board. Member Haines stated they don't seem happy with the fees. Where as, Chairman Falcon said they thought they were a little steep and that was up to the town board.

Member Haines stated it would be good if the town had a scale to base fees on. Chairman Falcon said that could be suggested by talking to a board member and they can make a motion. We have to follow their rules.

Chairman Falcon said the Kennedy Road Project should be coming up. Member Haines asked if there was a hold on that. Chairman Falcon said the hold was on the approval. The hold should be coming off by the end of July or August. The planning board can do their work up until then. Member Haines stated it is Federal so more would be required Chairman Falcon said a little more intense.

Chairman Falcon showed Member McDaniel the draft of the demolition bond for the Drinkwater Project and gave her a copy of the special use permit process. He stated he wanted to make sure she was up to date. Copies were passed out to all members.

LAND USE LAWS:

Land Use Laws were brought up by Chairman Falcon. He talked about everyone doing their part. Chairman Falcon asked if everyone had a copy of the Solar Laws. Copies were passed out to all members. Chairman Falcon stated if anyone had any questions just call him.

Member McDaniel stated she has been going through the land use laws and reading them. She has not found anything yet that she would recommend changes. Member Haines was asked if he came up with anything that he would recommend be changed. He stated there were some amendments such as the mobile home law and the kennel law. Chairman Falcon said it was amended. Member Haines said it was not in the book. Chairman Falcon said the town has to add it to the book. We can't add it.

ST. Johnsville Town Planning Board - Tuesday, April 09, 2019

Present: Marcel Falcon, Mariah McDaniel, George Haines, Les Larsen, Judy Swartz Pubic: Supervisor Dominic Stagliano

Statement of date stated by Chairman Falcon, also stated all meetings would be recorded to get minutes right.

6:30 pm: Meeting called to order

Salute to the Flag

Roll call of members

Other: Introduction of Mariah McDaniel, new appointee to the planning board.

Introduction of Louise Robusto for secretary for reason of transparency and to be correct, avoiding past issues

Chairman Falcon asked if anyone one had anything else, members replied "no"

Old Business: Drink Water Solar Project

Chairman Falcon called the California office to find where they stand with the bonds, the decommission bond and road bond that is in the resolution. California office said they would get back to him, but as of this meeting they have not. Chairman Falcon asked Supervisor Stagliano if he had heard anything, Supervisor Stagliano stated we only have requirement for logging operations for road bond, and typically handled by the code enforcement officer. Chairman Falcon stated this was for solar and they had to have a road bond. Supervisor Stagliano stated, on the road bond we only have 1 requirement and that has to deal with trees, we have never had any with house, residential or commercial required. Chairman Falcon stated this was done under special permit. Supervisor Stagliano stated he thought permits aren't an issue, he thought the compassing of special permits had already passed. Chairman Falcon stated they were already in the resolution and are waiting for the bond from them, they can't commence without it. Supervisor Stagliano stated they have one for the dismantling, which is the decommission bond, that's the only one the town knows about. Chairman Falcon said he would give the resolution at the Board meeting. Supervisor Stagliano stated whatever is in the resolution, the only one they have is on the decommissioning. Chairman Falcon stated the one for the roads is on special permit, stating that the roads were just paved by the county and we don't need them to destroy it. Supervisor Stagliano said both roads are county roads so if there was a bond it would be for the county, the town doesn't. Chairman Falcon said the town doesn't own the road, but it could come back on us without a road bond.

Town of St. Johnsville Planning Board March 12, 2019

Meeting called to Order at 6:30 pm by Chairman Marcel Falcon

Present Chairman Marcel Falcon Vice Chairman George Haines, Les Larsen, Judy Swartz, Melanie Shuster

Motion made to accept the minutes of February 2019, made by Judy Swartz, seconded by George Haines

Chairman Falcon wanted the Board to schedule a meeting for reorganizational purposes. We made the date for March 18th  at 6:30 pm. Motion made by Marcel Falcon, seconded by Judy Swartz. Passed by the Board.

Melanie Shuster brought to the Boards attention the fact that the Land Use Law, which she helped to write has to be revised by April 8th 2020. She mentioned the fact that upon the revision, since the Planning Board is a Regulatory Agency please keep in mind we have a law pertaining to trailers which is in contradiction to New York State Law. The Town Board would not want to make changes to this, which in fact might place us in litigation. If, the revised Land use Law is passed by the Town Board having next to go to the County, the County would not allow us to be in violation to New York State Law, hence we would then have to rewrite the Land Use Law over.

Les Larsen commented on the Seminar that we all attended was very informative keeping us abreast of current changes in New York State Planning Laws, the effect this places on small Towns.

Motion to close the meeting at 8:10 pm made by Les Larsen, seconded by Judy Swartz.