×

Feedback Reviewed For Ripley Solar Law

Ripley town Supervisor Doug Bowen.

RIPLEY — Town Board members hosted a special meeting recently with attorney Benjamin Wisniewski to review feedback from an Aug. 12 public hearing on the draft solar zoning law.

Wisniewski, partner at the Zoghlin Group PLLC of Buffalo, attended the board’s August meeting via ZOOM. He requested that a special meeting be scheduled for board members to go over the solar zoning law and input from the public.

Town Supervisor Doug Bowen noted the purpose of the session was to go over the draft solar law, to clarify the language of the current draft and to review public comments.

Wisniewski told the board that Ripley received comments from several members of the public, as well as from ConnectGen, a representative of the DEC, a former board member and Mina Town Supervisor Rebecca Brumagin.

Wisniewski began his comments by noting that opinions on the proposed solar law vary widely.

“Some think that the law is too restrictive, while some think it’s not restrictive enough,” he said. “We have to become comfortable with the unfortunate fact that it is not possible to please everyone.”

Wisniewski addressed a recommendation from Gary Flowers, who suggested the law support solar development in the town. Wisniewski said the law already does that and board members concurred. Wisniewski addressed concerns of the Galbraiths, who said all panels should be made in the USA and requested additional provisions be added to the law, such as a more robust decommissioning process. They requested a moratorium on the project until all issues could be resolved.

Wisniewski responded that adding additional provisions to the law would delay the whole process. He noted that the law can be amended at any point. Furthermore, he said, the 94C process provides for a “fairly rubust” decommissioning process.

As to a moratorium, he said it would not be effective because it would not be recognized by ORES (Office of Renewable Energy Siting).

Connect Gen officials said while they appreciated the updates made to the law, they still had several areas that they wanted updated.

The first concerns widening of the access road to allow for multiple emergency vehicles. The proposed law stipulates that two emergency vehicles should be able to pass each other without leaving the road. This recommendation came from the Ripley Fire Department. Wisniewski said the company would go with whatever width would be sufficient to accomplish that.

Another comment from ConnectGen concerned dialectic coolants, which are used in such equipment as transformers. The town’s requirements are unnecessarily burdensome, they said. Wisniewski noted that similar standards are provided by state and federal law and that ConnectGen can request a waiver if they find the law too burdensome.

The next area of concern for ConnectGen involves noise. The proposed law requires that the noise level does not exceed existing ambient background noise. ConnectGen says this is not practical and is more stringent then what the state requires.

Bowen answered that “when you do a special use permit for a project, you look at development that is already existing in the area and compare.”

He went on to say that much of the area is farmland and experiences noise from tractors, combines and post pounders.

“The only issue is the duration of the noise,” he said. “Will it be constant, day after day after day?”

Wisniewski again said ConnectGen can apply to ORES for a waiver, but emphasized that the law applies to small projects, as well.

“So this is a good way for the town to protect itself,” he said.

ConnectGen also expressed concern about lot size requirements, noting that setbacks shouldn’t be included in lot size. “The law stipulates that a lot has to be greater than or equal to 10 acres,” Bowen said.

Wisniewski said that the setbacks and height requirements in the town law are more restrictive than the standards set by ORES or NYSERDA.

“These are just recommendations,” he said. “The setbacks have already been reduced substantially.”

The final ConnectGen issue which Wisniewski brought up involves lot coverage. Wisniewski said the draft solar zoning law is in compliance with NYSERDA.

Ripley resident and planning board president Shelly Spacht made the recommendation that the town be aware of lawsuits filed by property owners in Western New York involving solar projects.

“I will be sure to keep you updated on anything that would have any impact,” Wisniewski said .

Former board member John Hamels said he wonders if the law serves the interests of the people. He asked if clearing land for a different project would be similarly restrictive.

Newsletter

Today's breaking news and more in your inbox

I'm interested in (please check all that apply)
Are you a paying subscriber to the newspaper? *
   

COMMENTS

[vivafbcomment]

Starting at $4.62/week.

Subscribe Today