Pulvers Corners solar farm suit dismissed; appeal filed

PINE PLAINS — A New York Supreme Court denied a petition from residents opposed to a planned 10 megawatt solar farm at Pulvers Corners.

The residents responded by filing an appeal in the Appellate Division of New York Supreme Court.

Judge Anthony R. Mole of Putnam County Supreme Court found that the town Planning Board had examined areas of environmental concern in its determination that the project would not result “in a significant adver impact to the surrounding community.”

Judge Mole issued the order on Wednesday, June 5.

The plaintiffs, a group identified as Preserve Pine Plains, filed a notice of appeal on Monday, June 10 with the Supreme Court of New York state, Appellate Division.

The project was approved by the town Planning Board on Nov. 28, 2023, following months of review and public hearings. Known as the Carson Power Solar Project after the name of the New York company Carson Power LLC that proposed the facility at 454 Bean River Road, the plan calls for a 42-acre portion of a 172-acre property to house 24,000 solar panels.

Judge Mole found that the Planning Board had taken a “hard look” at the impact of the project. The residents’ group claimed the Board failed to take a “hard look” at “significant adverse impacts” with respect to community character and town planning documents. It also claims the Planning Board failed to take a “hard look” at the project’s impacts on plants and animals and on aesthetic resources and “ignored identified areas of environmental concerns.”

The case, known as an Article 78 proceeding that puts the action of an official or agency under review by a court, was transferred to Judge Mole following recusal of all Supreme Court Justices in Dutchess County for various reasons, and by the subsequent recusal by another Putnam County justice.