TOWNOF JOHNSTOWN PLANNING BOARD

AUGUST21, 2018
6:00P.M.
TOWNHALL
MEETINGNOTES

PRESENT:

ERIC VANALSTYNE, CHAIRMAN

RICHARD GOEBEL, VICE CHAIRMAN

RICHARD LYNAUGH,

ERNEST NIFOROS

MIKE MCGRAIL

TODD UNISLAWSKI, CODEENFORCEMENT OFFICER

SEAN M. GERAGHTY, SR. PLANNER

I. CALL MEETING TO ORDER:

Themeeting was called to order at 6:02 p.m.

II. APPROVE MINUTES OF LAST REGULAR MEETING:

MOTION: Toapprove the minutes to the July 10, 2018

meeting.

MADE BY: Richard Lynaugh

SECONDED: Richard Goebel

VOTE: 6in favor, 0 opposed

III. RANDALHART, JR. – PUBLIC HEARING ON A SPECIAL PERMIT FOR ANIMAL HUSBANDRY ALONGCOUNTY HIGHWAY 107:

Background:

RandalHart, Jr. would like to keep chickens on his property along County Highway 107in the Town of Johnstown (Tax Map Parcel No. 175.5-14-1). Mr. Hart’s property is approximately 1.1acres in size. He would like to have a8’ x 12’ chicken coop with a fenced-in pen along with a smaller 5’ x 5’ coopwith a fenced-in pen. Both structuresare to be situated on the back portion of his property. Mr. Hart’s property is located in an R-2Residential District and since his property is not 2 acres in size, he isrequired to obtain a Special Use Permit from the Planning Board.

(NOTE: Mr. Geraghty indicated that heneglected to inform the applicant that the final drawing needed to be submitteda week in advance of the public hearing. He asked that Board members take a moment to review the final drawingthat has now been provided by Mr. Hart.)

July 10, 2018 Meeting:

Duringits July 10, 2018 meeting, the Planning Board began reviewing Randal Hart,Jr.’s Special Permit to have chickens in chicken coops on his property alongCounty Highway 107. At that time, thePlanning Board asked that the following information be provided on a scaleddrawing prior to the public hearing:

1. The maximum number of chickensthat will be on the property must be identified on a notation on the finaldrawing.

STATUS: ?

DISCUSSION:Mr. Geraghty reminded the Board that, during last month’s meeting, Mr. Hartindicated that there will be around 47 chickens on his property.

2. The setback distances for bothchicken coops should be identified on a scaled drawing.

STATUS: Provided.

DISCUSSION: Planning Board members asked if the 12’setback for the chicken coops is sufficient?

TownCode Enforcement Officer Todd Unislawski indicated that the side yard setbackin the Zoning Law is 10’.

3. A notation should be made onthe final drawing indicating that the chickens will not be allowed to roamfreely around the property and will be kept within the penned areas.

STATUS: Provided.

4. A notation should be made onthe final drawing indicating how the coops will be maintained and, specially,how waste will be handled.

STATUS: Provided.

5. The approximate location ofhomes on adjacent properties should be identified.

STATUS: Provided.

State Environmental Quality Review:

The proposedAnimal Husbandry action is essentially an agricultural farm management practiceinvolving the construction of a farm building under generally-acceptedprinciples of farming and should be considered a Type II Action under the StateEnvironmental Quality Review Act.

Public Hearing:

1. The public hearing was openedat 6:04 P.M.

2. Speakers:

Therewas no one to speak regarding Randall Hart, Jr.’s Special Permit application.

3. The public hearing was closedat 6:05 P.M.

Planning Board Action:

Inaccordance with Section 84-54(B)(9)(a) of the Town of Johnstown ZoningRegulations, the Planning Board shall grant, deny or grant subject toconditions the application for Special Use Permit within sixty-two (62) days afterthe hearing.

MOTION: To approve Randal Hart, Jr.’sSpecial Permit for Animal Husbandryalong County Highway 107.

MADE BY: Eric VanAlstyne

SECONDED: Ernest Niforos

VOTE: 5 in favor, 0 opposed

IV.JOHNSTOWN #2SOLAR, LLC (C2 ENERGY CAPITAL) – PUBLICHEARING ON SPECIAL PERMIT FOR SOLAR FARM ALONG COUNTY HIGHWAY 122:

Background:

Johnstown#2 Solar, LLC would like to construct a 2.7 megawatt DC Solar Farm on aproperty along the east side of County Highway 122 that is owned by the Town ofJohnstown (Tax Map Parcel No. 148.-2-78). The property is approximately 21.3 acres in size. The Town’s animal shelter is located on theproperty. The Solar Farm willphysically alter approximately 13.4 acres of the property. An existing access road will be used for boththe construction of the Solar Farm and the eventual maintenance and operationof the facility.

July 10, 2018 Meeting:

Duringits July 10, 2018 meeting, the Town of Johnstown Planning Board began reviewingthe Special Permit application for Johnstown 2 Solar’s Solar Farm on Town-ownedproperty along County Highway 122. Atthat time, the Planning Board asked that the following information be providedprior to the public hearing:

1. Two (2) copies of theStormwater Pollution Prevention Plan (SWPPP) for the project site must beprovided.

STATUS: Provided.

2. All mechanical equipmentassociated with the Solar Farm must be enclosed within an 8’ high fence with aself-locking gate.

STATUS: Provided.

3. Warning signage must be placedat the base of all pad-mounted transformers and substations. This signage specification should be shown onthe detail sheet.

STATUS: Provided.

4. The distance between thenearest edge of the solar panels along the south end of the project site andthe adjacent residential property lines must be identified on the Site Plan.

STATUS: A distance of 200’ has been identified on therevised drawings.

5. An elevation drawing showingany of the Solar Farm mechanical equipment, shelters, storage facilities,transformers, substations etc. must be provided on the detail sheet.

STATUS: Provided.

6. The location of the signageidentifying the owner and operator with an emergency telephone number must beidentified on the Site Plan drawing and the detail sheet.

STATUS: Provided.

7. A turnaround area must beprovided outside the fenced-in area for the mechanical equipment that willallow large vehicles to maneuver and turn around on the site. Likewise, at least one (1) parking space mustbe clearly shown in the parking area along with any emergency lighting near themechanical equipment.

STATUS: Provided. The applicants have also noted that there will be no outdoor lightingproposed for the project.

8. A revised Decommissioning Planfor the site must be provided.

STATUS: A revised Decommissioning Plan has beenprovided with a cost estimate for decommissioning the site after 35 years of$199,414.57.

DISCUSSION: Mr. Geraghty pointed out that theDecommissioning Plan has been revised so that the estimated cost associatedwith removing the solar field infrastructure 35 years from now will be used asthe basis for the security that will be required for the project. Board members asked if the revised estimatewas consistent with the amount of security previous solar field developers wererequired to have for their projects? Mr.Geraghty pointed out that for this size system, the financial securitiesprovided by previous developers has been in the $140,000 to $160,000range. He indicated that, given the factthat those financial sureties were based on 20 and 25 year leases and thisparticular lease is based on 35 years, the $199,000+/- figure seems to beconsistent with other projects.

ThePlanning Board had no further comments regarding the Decommissioning Plan.

State Environmental Quality Review:

During its July10, 2018 meeting, the Town of Johnstown Planning Board proposed that it serveas the Lead Agency for the purpose of issuing a determination of significanceunder SEQR. Copies of the preliminarySite Plan drawings, along with the Full Environmental Assessment Form, wereforwarded to other Involved Agencies asking that any comments regarding thePlanning Board’s proposal to serve as Lead Agency or on the project itself besubmitted in writing by Monday, August 13, 2018.

To date, thePlanning Board has received the following comments:

County HighwayDepartment:

In an emaildated July 16, 2018, County Superintendent of Highways and Facilities Mark Yoststated that he has two (2) concerns with the proposal:

1. That theheavy vehicles entering and exiting the site not damage the pavement on CountyHighway 122.

2. That mud,soil and debris not be tracked onto the newly-paved County Highway 122.

Mr. Yost hassuggested that daily maintenance be required of the contractors to remove mud,soil and debris from County Highway 122 and that photographs be taken of theentrance point prior to construction of the solar facility and require thecontractor to restore said pavement to the condition in which it existed priorto the project.

DISCUSSION: Planning Board members asked who will beresponsible for taking photographs of the entrance to the access driveway priorto construction?

Mr. Geraghtyindicated that it would be the responsibility of the contractor but also notedthat the Town Code Enforcement Office will need to make sure that this issue isaddressed.

Mr. Unislawskiagreed that he could take photos of the access driveway prior toconstruction.

John Munsey,representing the applicant, indicated that a construction entrance will bedeveloped for heavy vehicular traffic.

NYS Departmentof Environmental Conservation:

In a letterdated July 19, 2018, the NYSDEC concurred with the Planning Board’s proposal toact as the Lead Agency. The Agency notedin its correspondence that any disturbance of more than 1 acre of land willrequire a SPDES General Permit for Stormwater Discharges From ConstructionActivities (GP-0-15-002).

DISCUSSION: The Planning Board had no comments regardingNYSDEC’s response.

MOTION: Declaring theTown of Johnstown Planning Board the Lead Agency for the purpose of issuing adetermination of significance under SEQR for Johnstown 2 Solar’s Special Permitapplication.

MADE BY: Mike McGrail

SECONDED: Ernest Niforos

VOTE: 5 in favor, 0opposed

FURTHERDISCUSSION: The Planning Board felt thatthere were no potential significant adverse environmental impacts that neededfurther examination.

MOTION: Authorizing thefiling of a negative declaration under SEQR for this proposed action since:

1. The Townproperty has sufficient acreage available to allow a Solar Farm to be developedon the property.

2. Themature vegetative growth on the property will provide more than adequatescreening for the project.

3. Publicutilities are readily available to service this project.

4. Therewill be no traffic implications resulting from the proposed action.

5. Therewill be no noise, odor or glare issues that will result from this proposedaction.

MADE BY: Richard Lynaugh

SECONDED: Mike McGrail

VOTE: 5 in favor, 0 opposed

Public Hearing:

1. The public hearing was openedat 6:13 P.M.

2. Speakers:

Therewas no one to speak regarding Johnstown 2 Solar’s Special Permit application.

3. The public hearing was closedat 6:14 P.M.

Planning Board Action:

Inaccordance with Section 84-54(B)(9)(a) of the Town of Johnstown ZoningRegulations, the Planning Board shall grant, deny or grant subject toconditions the application for Special Use Permit within sixty-two (62) daysafter the hearing.

MOTION: Toapprove Johnstown 2 Solar’s Special Permit application for a Solar Farm onTown-owned property along County Highway 122.

MADEBY: Ernest Niforos

SECONDED: Richard Goebel

VOTE: 5 in favor, 0 opposed

V. ROBERT BOWEAND JOSEPH LICCIARDI – PROPERTY TRANSACTION ALONG NYS ROUTE 29:

Background:

RobertBowe owns a piece of property along the west side of Hales Mills Road Extension(Tax Map Parcel No. 163.-1-19.2). Mr.Bowe’s property is approximately 69+/- acres in size. Joseph Licciardi owns a parcel adjacent toMr. Bowe’s property on the south side of his lot which is situated along NYSRoute 29 (Tax Map Parcel No. 163.-1-24). Mr. Licciardi’s property is approximately 1.05 acres in size. Mr. Bowe would like to transfer approximately2 acres of his parcel to Mr. Licciardi leaving him with approximately 67+/-acres and Mr. Licciardi with approximately 3.05+/- acres. The property to be transferred to Mr.Licciardi will give him a secondary access point along Hales Mills RoadExtension.

DISCUSSION: Mr. Geraghty pointed out that theproperty transaction will not extend Mr. Licciardi’s property all the way tothe edge of the pond. After a briefdiscussion, the Planning Board recognized that the transaction is not subjectto the Town’s Subdivision Regulations since no new building lots are beingcreated.

PLANNINGBOARD ACTION:

MOTION: Recognizingthat the property transaction between Robert Bowe and Joseph Licciardi along NYSRoute 29 and Hales Mills Road Extension is not subject to the Town’sSubdivision Regulations and can be approved as a lot line adjustment.

MADEBY: Richard Lynaugh

SECONDED: Mike McGrail

VOTE: 5 in favor, 0 opposed

VI.PVENGINEERS, P.C. (BORREGO SOLAR) – SPECIAL PERMIT AND SUBDIVISION FOR SOLAR FARMALONG NYS ROUTE 30A:

Background:

PVEngineers, P.C. would like to construct a 4.7 megawatt DC Solar Farm along theeast side of NYS Route 30A just north of East State Street Extension onproperty owned by Universal Realty (Tax Map Parcel No. 134.-2-3). The property is approximately 47+/- acres insize. As part of the project, theproperty will be subdivided into two (2) parcels. Lot #1, which will beapproximately 23.76+/- acres in size, will be created around the existingmanufacturing and warehouse operations, while Lot #2, which will beapproximately 23.77+/- acres, will be left for the Solar Farm. While access to the Solar Farm will beprovided through the manufacturing/warehouse property on East State StreetExtension, Lot #2 will have 28’+/- of road frontage along East State StreetExtension.

LindsayMcAntire, representing Borrego Solar, introduced herself to the PlanningBoard. She handed out a brief summary ofBorrego’s Community Solar Project along East State Street in the Town ofJohnstown.

PlanningBoard Member Richard Lynaugh pointed out that the project site is located alonga NYS Scenic Byway and there are aesthetic considerations that will need to beaddressed. He reminded Board membersthat when the Credit Union was proposing to install a new sign on its property,it faced additional regulatory issues with NYSDOT because of the Scenic Bywaydesignation.

Mr.Geraghty agreed that there may be other regulatory issues that will need to beaddressed especially involving potential impacts on the aesthetics of thearea.

Planning Department Review:

TheFulton County Planning Department has reviewed the Special Permit applicationin accordance with Article 10 of the Town of Johnstown Zoning Regulations. Article 10 states that a Special Use Permitshall not be granted until the Planning Board finds that the followingcriteria, as well as any special criteria, have been met:

1. Harmony with Master Plan

2. Compatibility

3. Access, Circulation and Parking

4. Infrastructure and Services

5. Environment and NaturalFeatures

6. Long-term Effects

Article 8 Section 84-45B of the Town Zoning Law outlines the special criteria that applies to Solar Farms. Based on this review criteria, the following information must be provided by the applicant:

1. Blueprints or drawings of thesolar photovoltaic installation signed by a licensed professional engineershowing the proposed layout of the system and any potential shading from nearbystructures.

STATUS: Provided.

2. Proposed changes to thelandscape of the site, grading, vegetation, clearing and planting, exteriorlighting, screening vegetation or structures.

STATUS: Provided.

3. A description of the Solar Farmfacility and the technical economic and other reasons for the proposed locationand design shall be prepared and signed by a licensed professional engineer.

STATUS: A project narrative has been provided. The narrative does not provide anyinformation concerning the economic or other reasons for choosing this proposedlocation.

DISCUSSION: Mr.Geraghty stated that he felt the applicant should provide some brief narrativetalking about how the local community can benefit from this community solarproject. Specifically, he asked that thedetails regarding the subscriptions to be offered for the Solar Farm beoutlined. He asked how big a geographicarea would be impacted by this particular project?

LindsayMcAntire explained that, for a project this size, the initial solicitation forsubscriptions to the community Solar Farm will involve approximately 1,200 to1,400 households.

4. Confirmation prepared andsigned by a licensed professional engineer that the Solar Farm complies withall applicable federal and State standards.

STATUS: Provided.

5. One or 3-line diagram detailingthe Solar Farm layout, solar collector installation, associated components, andelectrical interconnection methods with all national electrical code compliantdisconnects and over current devices.

STATUS: Not provided.

DISCUSSION: Ms. McAntire indicated that she would providethe diagram on the next submittal.

6. Documentation of the majorsystem components to be used including the PV panels, mounting system andinverter.

STATUS: Not provided.

DISCUSSION: Ms.McAntire indicated that she could provide specification sheets for the types ofpanels and racking systems that will be used on the project.

7. An operation and maintenanceplan which shall include measures for maintaining safe access to theinstallation, stormwater controls, as well as general procedures foroperational maintenance of the installation.

STATUS: Not provided.

DISCUSSION: Ms.McAntire indicated that Borrego Solar typically handles maintenance of itsfacilities in-house. She indicated thatshe would provide a Maintenance Plan for the next submittal.

8. Information on noise (inverter)and reflective/glare of solar panels and identify potential impacts toabutters.

STATUS: Not provided.

DISCUSSION: Mr.Geraghty asked that additional language be included with the next submittaltalking about noise and reflective glare from the solar panels.

Minimum Requirements:

Article8, Section 84-45D outlines the minimum requirements that all Solar Farmdevelopments must conform with. Inaccordance with those minimum requirements, the following issues must still beaddressed:

1. All ground-mounted panels shallnot exceed 8’ in height.

STATUS: Theproject narrative indicates that the maximum height of the panels will beapproximately 9’ above grade. Likewise,the detail sheet on the preliminary drawing shows a typical panel at 9’ inheight.

DISCUSSION: Planning Board Chairman Eric VanAlstynestated that he would like to see the elevation of the highway noted on thedrawings. He indicated that he felt itwas important to know what a driver will be able to see as he passes by theproject site.

Ms. McAntireindicated that she believes some photo simulations have already been preparedand will be provided as part of the next submittal. She indicated that those photo simulationsalso include the view shed from East State Street.

Mr. Geraghtynoted that the project narrative indicates that the applicant will be seeking avariance from the Town of Johnstown Zoning Board of Appeals for the panelheight.

Mr.Unislawski confirmed that the applicants have already submitted an applicationto the ZBA.

2. All mechanical equipment on aSolar Farm, including a structure for batteries or storage cells must becompletely enclosed by a minimum 8’ high fence with a self-locking gate.

STATUS: The project narrative and the preliminarydrawings show 7’ high fencing for the project.

DISCUSSION: ThePlanning Board recognized that the applicants will also be seeking a variancefor the fencing height.

3. A vegetative perimeter bufferproviding year round screening of the system from adjacent properties must beinstalled.

STATUS: The preliminary landscaping plan for theproject shows a combination of Black Hill Spruce and Bakeri Blue Spruce beingplanted along NYS Route 30A in clusters of 3. Around 90+/- trees are proposed to be planted, each 6’ in height at timeof planting with a maturity height of 20’.

DISCUSSION: Planning Board members held a briefdiscussion concerning the applicant’s intent to screen the project site. Board members were reminded of a previousSolar Farm project along NYS Route 67 where the landscaping that was supposedto be completed has not been adequately addressed.

Mr. Geraghtypointed out that the applicant’s initial proposal for screening calls for theplanting of fairly substantial sized trees as a buffer. He pointed out that there are no plantingsshown in the southwest corner of the site or along the southern border of thesite where the solar field may be very visible to homeowners along East StateStreet.

Mr.VanAlstyne asked if the applicant could be required to provide a bond in orderto assure the Town that adequate screening will be provided for the project?

Mr. Geraghtyindicated that he would speak with Town Attorney Leah Everhart concerning thisadditional bonding requirement.

Ms. McAntireindicated that Borrego Solar would be willing to discuss additional plantingsand screening along the southern boundary of the property.

4. The solar energy system componentsmust be located a minimum of 200’ from any residential properties.

STATUS: As shown on the current drawing, the solarpanels along the eastern edge of the property will encroach 128’ into thesetback area for an adjacent residential property.

DISCUSSION: Once again, Mr. Geraghty pointed out that theapplicant will be seeking a variance for the setback from a residentialproperty.

5. An elevation drawing showingany Solar Farm mechanical equipment, shelters, storage facilities, transformers,substations etc. must be provided on the detail sheet.

DISCUSSION: The Planning Board recognized that thehandout provided by Ms. McAntire showed photos of the equipment that will beprovided on the project site.

6. The location of signage identifyingthe owner and operator with an emergency telephone number must be identified onthe Site Plan drawing and the detail sheet.

DISCUSSION: Ms.McAntire indicated that she would provide the additional signage specificationson the detail sheet.

7. At least one (1) parking spacemust be provided adjacent to the equipment shelter and the location of anyemergency lighting near the mechanical equipment must be noted.

8. A written confirmation must beprovided from National Grid that the Solar Farm has been approved forinterconnection.

DISCUSSION: Ms. McAntire indicated that she could providea letter from National Grid indicating that they are aware of the project andthat the interconnection has been approved.

9. A Decommissioning Plan for thesite must be provided along with cost estimates prepared by a qualifiedengineer setting forth the cost associated with decommissioning the Solar Farm.

DISCUSSION: Ms. McAntire indicated that a DecommissioningPlan would be provided with the next submittal.

State Environmental Quality Review:

Section 617.1 of6 NYCRR states that, the basic purpose of SEQR is to incorporate theconsideration of environmental factors into the existing planning, review anddecision making processes of State, regional and local government agencies atthe earliest possible time. Toaccomplish this goal, SEQR requires that all agencies determine whether theactions they directly undertake, fund or approve may have a significant effecton the environment, and if it is determined that the actions may have asignificant effect, prepare or request an environmental impact statement. Under these terms, the review of a SpecialPermit application is subject to SEQR. Therefore, the following issues must be addressed:

1. Does thePlanning Board feel that the Full Environmental Assessment Form, provided bythe applicant, has been completed adequately?

DISCUSSION: The Planning Board felt that the FullEnvironmental Assessment form had been completed adequately. However, Mr. Geraghty pointed out that thereare still several pieces of information that have not been provided as part ofthe application packet. Board membersagreed and felt that the Coordinated Review of the project under SEQR shouldnot commence until additional information has been provided by the applicants.

Planning Board Action:

Inaccordance with Section 84-54(D)(7)(a) of the Town of Johnstown ZoningRegulations, the Planning Board shall hold a public hearing on a completeSpecial Permit application within sixty-two (62) days from the determination ofthe Planning Board that the application is complete.

MOTION: Totable any action on PV Engineers, P.C. Special Permit and subdivision applicationsfor a Solar Farm along NYS Route 30A until additional information has been providedon a revised submittal.

MADEBY: Mike McGrail

SECONDED: Richard Goebel

VOTE: 5 in favor, 0 opposed

VII. HALES MILLSSOLAR LLC (NEXAMP) – SPECIAL PERMIT FOR SOLAR FARM ALONG HALES MILLS ROAD:

Background:

HalesMills Solar LLC (Nexamp) would like to construct a 6.5 megawatt DC Solar Farmon property along the east side of Hales Mills Road between County Highway 107and NYS Route 29 (Tax Map Parcel No. 163.-1-52.1). The property is owned by Larry and BonnieHollenbeck, who will be leasing the property to Nexamp. Access to the Solar Farm will be directly offof Hales Mills Road.

DISCUSSION: Michael Cucchiara, NEXAMP, and Nicole Patti,Project Planner, LRC Group, introduced themselves to the Planning Board. Mr. Cucchiara indicated that NEXAMP is acompany out of Boston that has done numerous community solar projects. He indicated that the company primarily hasSolar Farms in Massachusetts and Rhode Island and is looking to expand into theNew York market. He indicated thatNEXAMP has received a good indication from National Grid regarding theinterconnection of the proposed Solar Farm along Hales Mills Road. He gave a brief description of how thesubscriptions for the Solar Farm will be solicited and talked about theownership, operation and maintenance of the proposed facility.

NicolePatti then talked about some of the potential visual and environmental impactsof the project.

Mr.VanAlstyne asked that the fairways on the adjacent golf course property beshown on the final drawings.

Mr.Geraghty suggested that orthoimagery of the project site could be provided sothat Planning Board members can get a feel for how far off of the fairways thesolar field will be situated.

Ms.Patti talked about the construction of a pervious road to service the solarfacility so that less than one (1) acre of land will physically be disturbedand a full Stormwater Pollution Prevention Plan (SWPPP) will not berequired.

Planning Department Review:

TheFulton County Planning Department has reviewed the Special Permit applicationin accordance with Article 10 of the Town of Johnstown Zoning Regulations. Article 10 states that a Special Use Permitshall not be granted until the Planning Board finds that the followingcriteria, as well as any special criteria, have been met:

1. Harmony with Master Plan

2. Compatibility

3. Access, Circulation and Parking

4. Infrastructure and Services

5. Environment and NaturalFeatures

6. Long-term Effects

Article 8 Section 84-45B of the Town Zoning Law outlines the special criteria that applies to Solar Farms. Based on this review criteria, the following information must be provided by the applicant:

1. Blueprints or drawings of thesolar photovoltaic installation signed by a licensed professional engineershowing the proposed layout of the system and any potential shading from nearbystructures.

STATUS: Provided.

2. Proposed changes to thelandscape of the site, grading, vegetation, clearing and planting, exteriorlighting, screening vegetation or structures.

STATUS: Provided.

3. A description of the Solar Farmfacility and the technical economic and other reasons for the proposed locationand design shall be prepared and signed by a licensed professional engineer.

STATUS: A project narrative has been provided. The narrative does not provide anyinformation concerning the economic or other reasons for choosing this proposedlocation.

DISCUSSION: Mr.Geraghty suggested that the project narrative talk briefly about the potentialcommunity benefits of this solar project. He pointed out that he believed it would be beneficial to describe oroutline how the local community will be offered subscriptions to the communitySolar Farm.

Both Mr.Cucchiara and Ms. Patti indicated that a narrative could be provided.

4. Confirmation prepared andsigned by a licensed professional engineer that the Solar Farm complies withall applicable federal and State standards.

STATUS: Provided.

5. One or 3-line diagram detailingthe Solar Farm layout, solar collector installation, associated components, andelectrical interconnection methods with all national electrical code compliantdisconnects and over current devices.

STATUS: Not provided.

DISCUSSION: Theapplicants indicated that they would provide the 1 and 3-line diagrams on arevised submittal.

6. Documentation of the majorsystem components to be used including the PV panels, mounting system andinverter.

STATUS: Provided.

7. An operation and maintenanceplan which shall include measures for maintaining safe access to theinstallation, stormwater controls, as well as general procedures foroperational maintenance of the installation.

STATUS: Provided.

8. Information on noise (inverter)and reflective/glare of solar panels and identify potential impacts toabutters.

STATUS: Provided.

Minimum Requirements:

Article8, Section 84-45D outlines the minimum requirements that all Solar Farmdevelopments must conform with. Inaccordance with those minimum requirements, the following issues must still beaddressed:

1. All ground-mounted panels shallnot exceed 8’ in height.

STATUS: The detail sheet for the Site Planidentifies panels that are 8’ 10” in height.

DISCUSSION: Ms.Patti noted that she found a 2016 Local Law that changed the allowable heightof all ground-mounted panels to 10’. Shehanded a copy of the Local Law to Mr. Geraghty and the Planning Board.

Mr. Geraghtynoted that it would have been nice if the Code Enforcement Office, PlanningBoard and Fulton County Planning Department knew of the proposed change. He indicated that the ground-mounted panelswill apparently not require a variance from the Town ZBA.

2. All mechanical equipment on aSolar Farm, including any structure for batteries or storage cells must becompletely enclosed by a minimum 8’ high fence with a self-locking gate.

STATUS: A 7’ perimeter fence is shown on the sitedetails.

DISCUSSION: Ms.Patti indicated that NEXAMP may seek a variance from the ZBA for the fenceheight.

3. A vegetative perimeter bufferproviding year round screening of the system from adjacent properties must beinstalled.

STATUS: Approximately 35-40 arborvitae have beenshown along the northeast corner of the solar facility. The size of the plantings have not beennoted.

DISCUSSION: Mr. Geraghty indicated that the plantingheight of the arborvitae should be identified. He suggested that additional arborvitae be provided especially in thenorthwest corner of the site to screen of the solar field from an adjacentresidential property. There was a briefdiscussion concerning additional screening for the adjacent golf courseproperty, as well as whether or not additional screening needed to be providedon the southern end of the project site.

Ms. Pattipointed out that there is an existing tree line along the southern edge of thesite that should be sufficient to visually buffer the solar field.

4. The size and design of the warningsignage to be placed at the base of all pad-mounted transformers andsubstations should be included on the detail sheet.

DISCUSSION: Ms.Patti indicated that the signage could be added to the detail sheets.

5. The distance between thenearest solar panel component and the nearest residential property should beidentified on the Site Plan drawing.

DISCUSSION: Ms. Patti indicated that she wouldprovide a distance between the closest solar panel component and the nearestresidential property.

6. An elevation drawing showingany Solar Farm mechanical equipment, shelters, storage facilities,transformers, substations etc. must be provided on the detail sheet.

DISCUSSION: Ms.Patti indicated that an elevation drawing could be added to the detailsheets.

7. The location of the owneroperator sign should be noted on the Site Plan drawing.

DISCUSSION: Ms.Patti indicated that the owner/operator signage could be added to the detailsheets.

8. At least one (1) parking spacemust be clearly shown on the Site Plan drawing and the location of anyemergency lighting near the mechanical equipment should be noted.

DISCUSSION: Ms.Patti indicated that the way the interior road has been laid out, she believedthat a parking space could be provided along the roadways. After a brief discussion the Planning Boardagreed that no additional parking will need to be shown.

9. A Decommissioning Plan for thesite must be provided.

STATUS: A Decommissioning Plan has been prepared forthe property identifying a cost of $207,968 to decommission the site. After factoring in salvage costs, theapplicant is proposing to provide a bond in the amount of $31,178 for decommissioningof the site.

With everySolar Farm application that has come before the Town of Johnstown PlanningBoard, it has been made clear to the applicants that the Town does not wish tobe in the salvage business and does not care what the value of the solar panelsand associated equipment will be in the future. The length of the lease term with the property owners should beidentified and the subtotal cost for decommissioning the site of $207,968 witha 2.5% escalation rate should be calculated forward to the end of the leaseterm to determine the amount of the bond that will be required for thisproject.

DISCUSSION: Mr.Cucchiara recognized from past projects in the Town that the Town is notinterested in the salvage value of the Solar Farm panels or rackingsystems.

Mr. Geraghtyindicated that he has had conversations with Town Attorney Leah Everhartregarding the financial sureties that are provided for these types ofprojects. He indicated that Ms. Everhartwill rely on the Planning Board to determine the amount of the financialsurety.

Mr.Cucchiara asked what type of financial surety would be required?

Mr. Geraghtysuggested that he contact Town Attorney Leah Everhart, Esq. for moreinformation regarding the type of financial surety that will be required.

Mr.Cucchiara indicated that he would have the decommissioning cost estimaterevised for the next submittal.

State Environmental Quality Review:

Section 617.1 of6 NYCRR states that, the basic purpose of SEQR is to incorporate theconsideration of environmental factors into the existing planning, review anddecision making processes of State, regional and local government agencies atthe earliest possible time. Toaccomplish this goal, SEQR requires that all agencies determine whether theactions they directly undertake, fund or approve may have a significant effecton the environment, and if it is determined that the actions may have asignificant effect, prepare or request an environmental impact statement. Under these terms, the review of a SpecialPermit application is subject to SEQR. Therefore, the following issues must be addressed:

1. Does thePlanning Board feel that the Full Environmental Assessment Form, provided bythe applicant, has been completed adequately?

DISCUSSION: The Planning Board felt that the FullEnvironmental Assessment Form had been completed adequately.

2. Does thePlanning Board feel that any additional information should be provided as partof the SEQR process?

DISCUSSION: The Planning Board did not ask for anyadditional information.

3. Section617.6 (b)(3) of 6 NYCRR states that, when an agency proposes to directlyundertake, fund or approve a Type 1 or Unlisted Action undergoing a CoordinatedReview with other Involved Agencies, it must, as soon as possible, transmitPart 1 of the Environmental Assessment Form, completed by the Project Sponsor,or a Draft Environmental Impact Statement (DEIS) and a copy of any application that has been received to allInvolved Agencies and notify them that a Lead Agency must be agreed upon within30 calendar days of the date the Environmental Assessment Form or DEIS wastransmitted to them.

DISCUSSION: Mr.Geraghty suggested that the project be classified as a Type 1 Action given theamount of area to be impacted by the solar field. He pointed out that, even though theengineers have indicated that there will be less than 1 acre of physical impactto the property so that a full SWPPP will not be needed, he felt it was in thePlanning Board’s best interest to classify the project as a Type 1 action giventhe amount of property to be impacted.

MOTION: To classify the proposed project as anType 1 and to propose that the Town of Johnstown Planning Board act as the LeadAgency for the purpose of issuing a determination of significance under SEQRand to offer other Involved Agencies 25 calendar days to comment on theproposed action or the Town Planning Board’s proposal to act as the LeadAgency.

MADEBY: Ernest Niforos

SECONDED: Mike McGrail

VOTE: 5 in favor, 0 opposed

Planning Board Action:

Inaccordance with Section 84-54(D)(7)(a) of the Town of Johnstown ZoningRegulations, the Planning Board shall hold a public hearing on a completeSpecial Permit application within sixty-two (62) days from the determination ofthe Planning Board that the application is complete.

MOTION: Toschedule a public hearing on Hales Mills Solar, LLC’s (NEXAMP) Special Permitfor a Solar Farm along Hales Mills Road for 6:00 p.m., Tuesday, October 9, 2018.

MADEBY: Mike McGrail

SECONDED: Richard Lynaugh

VOTE: 6 in favor, 0 opposed

VIII. ELMWOODPROGRESSIVE, LLC (MICK MULLINS) – CONCEPT PLAN FOR APARTMENT COMPLEX ALONGELMWOOD AVENUE:

Background:

MickMullins is proposing an apartment project along the east side of Elmwood Avenuein the Town of Johnstown. Mr. Mullins’original tract of land was approximately 129+/- acres in size (Tax Map ParcelNo. 135.-1-65.1). The 5.822+/- acre areashown on the Concept Plan is part of a 20.142+/- acre parcel situated on bothsides of Elmwood Avenue that was created as part of the subdivision for BorregoSolar’s Solar Farm Project and was identified as the remaining lands north.

Mr.Mullins is proposing to construct two (2) 28-unit buildings that areapproximately 18,750 sq. ft. in size with associated parking lots for bothbuildings capable of parking 42 vehicles each.

DISCUSSION: Mr. Geraghty indicated that he includedthis particular application on this evening’s Agenda because he was asked, inan e-mail from Mick Mullins, to have an Agenda item for his concept plan.

TownSupervisor Jack Wilson indicated that he has spoken with Mr. Mullins regardingthe project. He indicated that Mr.Mullins would like the Town to pay for the new sewer line that will be requiredfor his project. He indicated that theTown Board has decided against this. Heindicated that Mr. Mullins is now going to approach the County to see if theBoard of Supervisors will agree to install the sewer line.

IX. OTHERBUSINESS:

A. Dick Lynaugh questioned arecent news article that indicated the City of Gloversville has approved aSolar Farm on its former landfill property in the Town of Johnstown.

Mr.Geraghty indicated that he would look into this matter and report back to theBoard. Mr. Geraghty explained that ifSolar City, the original developer of the Solar Farm on the former Gloversvillelandfill, has abandoned the project, but a new owner would like to build thesame project, no further Planning Board action is required. On the other hand, he pointed out that if anew developer would like to propose a different configuration for a Solar Farmon the former Gloversville landfill, a new application will need to besubmitted to the Town of Johnstown Planning Board.

B. Town Supervisor Jack Wilsontalked briefly about the potential construction of a home on the corner ofSaratoga Boulevard and NYS Route 30A.

Mr.Unislawski indicated that he has spoken to the property owners and indicated tothem that he will require some type of structural analysis of the embankment onthe property given the fact that the applicant has already had an incident onthe site while he was grading off the new building lot.

Mr.Geraghty indicated that he spoke with one of the owners, Lori Elmendorf,concerning a lot line adjustment for the two (2) properties. He pointed out that he suggested to her thatshe contact the NYS Department of Transportation (NYSDOT) for a driveway permitfor the new residence.

C. Mr. Wilson indicated that theTown Council will be forwarding two (2) proposed zoning changes to the PlanningBoard for a recommendation. Mr. Wilsonstated that one of the changes involves a piece of property on Spring Avenuebeing changed from a Commercial classification to a Residential classification. He explained that the other change willinvolve a potential commercial reclassification along East Fulton Street.

X. CLOSE OF THEMEETING:

MOTION: Toclose the meeting at 7:26 p.m.

MADEBY: Richard Lynaugh

SECONDED: Richard Goebel

VOTE: 5 in favor, 0 opposed