Carson Power asks for special permit, put on hold as per Pine Plains Planning Board

PINE PLAINS — The Pine Plains Planning Board held a special meeting on Wednesday, Sept. 27, at Town Hall to review and deal with matters having to do with the application and special site permit and site plan review of the Carson Power solar project at 454 Bean River Road.

Much of the material discussed was based on a report from BFJ Planning stating that the Pulvers Corners Solar-Special Use Criterion and Potential Conditions Plans were submitted on Nov. 11, 2021, and have been revised numerous times. The latest was submitted on June 5, 2023, and the Planning Board adopted a negative declaration on the special use permit, site plan and area variance for fence height on Aug. 3, 2023.  

The applicants feel that, based on a review of the application materials, the project complies with the 11 special use permit criteria in the Zoning Code, Article XI, Section 275-55. 

Carson Power feels it is fully in compliance with the zoning law and the solar law, except for a requirement for a 7-foot fence required by the national Electric Code. However, the area in question is in a low-density, rural setting and is almost entirely screened from public view, respecting the wish to keep the area looking rural. 

Adequate screening and separation from adjoining properties has been addressed. A revised plan includes a double row of 12-foot plantings rather than one row of 6-foot plantings, which eliminates all visual aspects from private residences on Skunk Hollow Road.

The applicant is also proposing a scenic easement, held by Scenic Hudson, to preserve the entire area, including the development site, from future development, maintaining viewsheds from public roads, protecting soils of agricultural significance and safeguarding wild habitat. A contract with Scenic Hudson will allow the solar system, at the end of its life cycle, to be cleared and the property returned to its natural state.

Further, Frank Fish, representing BFJ Planning, said the special use is suitable for the scale and intensity in relation to environmentally sensitive features. 

Fish addressed noise levels: once constructed, there will be almost no noise from the project. BFJ planning also maintains that a glare study showed an extensive analysis on the solar array area is highly unlikely to cause glare, and the use will not generate excess dust or odors, release pollutants or cause other nuisances. No herbicides or pesticides will be used in the operation or maintenance of the project.

Parking will be on-site unless arrangements are approved by the Planning Board. Fish attest that all vehicular, pedestrian and bicycle traffic, including levels of service and roadway geometry, will be safe and adequate to serve the special use.

Finally, they Fish promise that every aspect of the site will be compatible with the character of the neighborhood. Utilities shall be adequate to serve the proposed use, and the use will not impact the character of the Town, neighborhoods or values surround the property. Fish mentioned the planting of many species of pollinators on the property.

It was noted that the applicants are not always willing to make voluntary changes, but that change can be mandated. An audience member asked if an article in a paper, stating that Scenic Hudson would have sheep grazing the area, was possible. Aside from a few chuckles, it was said that while Carson Power doesn’t always know the plan of Scenic Hudson, some of its ideas would not seem to be cost-effective.

It was also asked how safe the work area on Route 199 would be. Fish said that the area would have appropriate flagging, signs and communication to cover all aspects of safety.

After much discussion, Carson Power has a list of amendments that it will make or answer to, and a public hearing is set for Wednesday, Oct. 11, at which time there will also be a public hearing for the Heaven’s Light Day Care Center.