THE ECHO.
Rush, New York - Community News, Blog, Images, Artwork
" Multum in Parvo. "
(much in little)
The Timeline
Click on blue underlined headings to read the entire official meeting minutes or other documents linked from the official Town of Rush website
Thomas Guzek of Solarpark Energy in Saratoga, NY makes a presentation at a town board meeting. The plan is to put a solar array on 40 acres of a 120 acre plot of land at 540 Honeoye Falls 6 Rd, Rush, NY 14543. Very broad details of the plan were presented. Building Inspector Ken Stavalone stated that he and Supervisor Frank have been working on creating legislation for the Town’s adoption into the Town Code so that solar can be regulated within the Town of Rush. This is the first time that a solar project is mentioned in recent Town of Rush meetings.
Town Attorney Mancuso stated that the proposed Solar Law is in preliminary draft for the Board’s initial consideration. Once the draft is introduced formally, a local law will be presented in a public hearing format. Supervisor Frank requested Board comment receipt on or before September 25th so that a final draft proposal for the Board’s introduction to public for hearing can be scheduled.
Supervisor Frank received a draft of the proposed Solar Law from the town attorneys and distributed to the Board and requested input. Attorney Baron stated that all councilpersons are to have the proposed law on their desks for at least 7 days. The next step is to set a public hearing and process for the proposed local law. Resolution #181-2018 passed to schedule a public hearing to discuss the Solar Law on October 10, 2018.
The Public Notice that had to be printed in the POST Newspaper was sent too late to be printed in time, so the public hearing had to be cancelled. Resolution #191-2018 passed to schedule a public hearing to discuss the Solar Law on November 28, 2018.
Big attendance (27 people) for people to make comments on the Solar Law. Not much was said on the law itself, but people voiced their opinions for and against solar. Lots of questions by people seeking more information. More curiosity than hostility towards solar at this first meeting.
Supervisor Frank stated that Town Board has received written comments from other boards, written comments from the public and heard comments at the public hearing. All feedback will be circulated and discussed. The town attorney will make any board recommended changes and a second draft of the proposed Local Law will be further presented for review. Resolution #215-2018 was passed to make the Town of Rush the Lead Agency for SEQRA on the Rush Solar Law
Tom Guzek, Managing General Partner of SolarPark Energy provided a visual map of their proposed project they wish to initiate, with the approval of Rush’s solar law, in the Spring of 2019. The site plan is based on the proposed Rush solar energy law guidelines and the property dynamics were displayed for the Board. Civil engineer Joe Henz of Ingals Associates accompanied Mr. Guzek.
Supervisor Frank stated that both she and Councilperson Kusse met with NYSERDA concerning the Solar Law and suggested changes will be provided to the Board. Resolution #19-2019 was passed to schedule a public hearing to discuss the Solar Law on February 27, 2019.
Only one of the 13 people present at this meeting spoke in favor of the Solar Law. No one else spoke. Resolution #46-2019 was passed, closing the oral portion of the public hearing and left it open for written comments through the close of business, March 8th, 2019. Resolution #47-2019 was passed that stated that the new Town of Rush Solar Law had no SEQRA impact.
Huge attendance because the Town just found out about the Horseshoe Solar Project. Lots of discussion about the issues. Supervisor Frank noted two public hearing have been held and the proposed Local Law on Solar Energy has been revised based on the comments received.
THE BIG SUPRISE
THE HORSESHOE SOLAR PROJECT
Until now, Rush Town Government was only concentrating on smaller solar systems. Suddenly, a huge solar project announced that they were putting part of an array in Rush. The town was electrified by the news. This Helios project - tiny in scope compared to Horseshoe - was less important. The people of Rush and their Government scramble to meet the threat. Details of Helios pick up later in in this timeline.
Much conversation about solar projects and the Solar Law. Resolution #54-2019 creates "Local Law #1" that amends the Zoning law adding section 120-74 regarding Solar Energy Systems.
The text of the original law can be found here (it was later modified in October of 2019, so this is the first version of the law, not the final current version of the law.)
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Here is the "Plain English" ORIGINAL
Summary Version OF SOLAR LAW #1
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The Rush Solar Law defines three kinds of Solar Systems:
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Tier One: A roof or building mounted solar system.
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Tier Two: Ground mounted systems that generate up to 25 Kilowatts of power and generate no more than 110% of the energy on the site over the previous 12 months.
[ECHO Note: For example, lets say a home owner with a big lot wanted to build a 25 Kilowatt output power solar array in their back yard. Last year the owner used 10,000 Kilowatt hours of electricity. His array would not be allowed to generate more than 11,000 Kilowatt hours which is 10% over what he used in the last 12 months. If a 25 Kilowatt array could generate 30,000 Kilowatt hours per year, the owner is not allowed to sell the excess power for profit and qualify as a Tier Two array. This prevents anyone from building a Tier Two solar array and selling the excess power, while still allowing a commercial operation to build a 25 kWh array for their needs. Anything making excess power over 110% of owner use for sale is Tier Three.]
See https://pvwatts.nrel.gov/ for a Solar Energy Calculator
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Tier Three: Anything other than Tier 1 or Tier 2.
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Solar systems needed building permits and had to pass the Planning Board's scrutiny under SEQRA
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Tier One systems go on buildings and houses and there are rules for how big, how high and what part of the yard they go in.
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Tier Two systems are allowed anywhere in town. They need to follow setback requirements and have a maximum height and can't be in the front of a building. Solar systems are like accessory structures under zoning for their specific districts. They shall have "views minimized from adjacent properties when reasonably practicable" and other stipulations for views by neighbors.
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Tier Three systems needed:
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A special permit and site plan approval. Systems are allowed anywhere in town.
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To provide an escrow agreement to cover all the Town's expenses related to review.
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Not to be located in a 100 year flood plain or on land designated as historical or of archeological importance.
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To be decommissioned so that the land could be reused for agricultural purposes.
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To have a landscape buffer to screen it from adjacent properties.
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To have a vegetation management plan to grow wildflowers for bees or other good plants.
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Dirt or gravel access roads only so they can be removed.
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To have underground wires and such if possible.
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No glare.
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No signs other than safety and shutoff signs.
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Minimum lighting for safety that doesn't bother the neighbors.
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Removed after one year if abandoned paid for by a security deposit.
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A detailed decommissioning plan.
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A security deposit (bond) for decommissioning.
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A special permit, with all these conditions:
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The array needed to be less than 15 feet high.​
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The array needs to be 200 feet away from the property line of residential property, 50 feet from agricultural property, and 200 feet from the centerline of the road.
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A 7 foot high fence needs to be around everything.
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Site Plan Approval from the Town Planning Board which needs:​
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If the land for an array is leased, there needs to be legal consent between everyone for everything for the duration of the project.​
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A map of the property with all its features.
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A plan for any changes to the landscape or any other physical features of the property.
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An electrical diagram of the system.
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Manufacturers specification sheets for all the equipment to be installed.
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A Property Operation and Maintenance plan.
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An Erosion and Storm Water Management Plan
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Detailed plans for fencing.
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All the plans need to be reviewed and approved by a New York State Licensed Professional Engineer or Architect.
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I​f the owner changes, they inherit all the provisions under which the permit was granted.
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All systems need to be safe and maintained and must meet all requirements and laws and regulations for fire prevention and building codes.
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Approved solar permits are valid for 18 months after approval. If the project isn't completed in 18 months, the Town can extend the permit another 180 days. Permits expire after 24 months.
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If the array stops making electricity for 12 months, then it needs to be decommissioned according to the plan submitted within 360 days.
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If the array isn't decommissioned to the liking of the Town, the Town gets to keep the security deposit.
This law was strengthened in October of 2019, but at this time (March 27, 2019) this project was a Tier 3 solar array, and these were the rules. At this point, one year had elapsed from the initial announcement of this (Helios) array and the passage of the Solar law.
THE ONE YEAR MARK FOR HELIOS
Many angry residents with many comments about the Horseshoe Solar Project. Resolution #65-2019 is passed to retain the Harris Beach Law Firm to represent the Town of Rush concerning the Horseshoe Solar Project. Resolution #65\6-2019 is passed to retain CHA Consulting Inc. to assist the Town of Rush concerning the Horseshoe Solar Project.
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A meeting of the Rush Residents United to Save our Home Town was announced for April 29th at the Rush United Methodist Church to discuss the Town of Rush Comprehensive Plan and the Horseshoe Solar Project.
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Marguerite Wells, Manager, Renewable Development, Invenergy, provided an update on the Horseshoe Solar Project.
Much concern and heated discussion about the Horseshoe Solar project, but none addressed this project (Helios) in particular. The perspective all those who participate is that the Town is dead set against any large scale solar within it's boundaries.
Marguerite Wells, representative for the Horseshoe Solar project was present and there was a continued dialog about the Horseshoe Solar project.
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Bruce Howlett, President of Howlett Farms made a presentation. (Owner of the land where this Helios array is.) Mr. Howlett said he has been approached for years about solar and has not agreed to it until now. New York State Governor Andrew Cuomo is promoting solar with property owner advantages. Residents present at town board meetings are taking solar personally instead of looking at it as a business. Rush is being designated as the best location in Monroe County and a company known worldwide has shown great interest in the location. When a town is met with company and representative that are the best in their field, have negotiation traits, they should entertain them. Marguerite Wells of Invenergy (the company behind the Horseshoe Solar project) knows solar. Mr. Howlett opinioned that the town took the right path in helping small farmers in their own community by adopting a solar law.
More public comments about Solar. Most all people are against any large solar installations. Most of their ire is against the Horseshoe Solar project.
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Attorney Mancuso stated that the board has adopted a solar law, received many comments and concerns over the last several months as it relates to the solar law and Tier 3 and will be amending the law considerably providing an overlay concept instead of issuing a special permit. Both the Town Board and the Planning Board will have a decision process.
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Councilperson McCarthy stated that the solar law was passed under duress. Horseshoe revealed itself while the Board was creating a solar energy law. More screening is needed for adjacent properties and one of the biggest concerns is that the elected Town Board officials together with Rush residents fight the Horseshoe Project together. The Town is now fighting Horseshoe and any Tier 3. NYS is double downing with Governor Andrew Cuomo’s 100 percent renewable electricity within the next 20 years. Rush needs to consider some smaller solar such as a 20 or 50 acre projects. Horseshoe should be able to abide by the town’s solar law even if a solar overlay is added. After meeting with Amber Corbin, John Kaman, the Town must act to allow solar in some fashion so that the town is not vulnerable. Invenergy should not dictate where facilities are sited.
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No progress or any mention of the Helios Solar project.
Deputy Town Supervisor [Dan Wollaver] stated that the Solar Energy Town Law has been revised based on feedback from board review of documentation, input from Rush representative group and residents as a whole.
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The Solar Law will be amended to create a "Three Tier" process:
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First, a project would be reviewed and approved by the Town Board.
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Second, solar projects would only be permitted in places where it is zoned. If the property is not specifically designated for solar, then an "overlay district" would need to be approved to allow solar on a specific site.
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Attorney Mancuso explained that... Based on review of the law, additional provisions are provided for the Board’s consideration.
A 3- layer approval process would be created by first review of the Town Board, a Special Permit required and a site review by the Planning Board. Additionally, sighting and location of Tier 3 solar was discussed and has been added for overlay districts.
Previously special permit were required for any location in the town. Now, overlays and Tier 3 would be prohibited in except where overlay districts have been designated. Megawatt limits have also been added into the law.
Given the nature of the amendments and process for adopting a local law, the Board asked to schedule a special meeting in advance of a public hearing set for August.
A 7:00 PM meeting on July 15th has been scheduled with the board, provided to the media and posted as required. The Board can then deliberate on the amendments to the solar energy law.
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Deputy Town Supervisor Woolaver stated that the Board wishes to limit Tier 3 in the amended law. Councilperson Kusse believes the law is much better and wished that the special meeting could be postponed so that additional residents had time to review the amendments.
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Deputy Town Supervisor Woolaver stated that a special meeting is scheduled on July 15th at 7 PM in the Town Hall. The Board will review the law line by line and discuss items if required. The public can then provide comments at the end of the meeting during an open forum. Public comment can be received up to and included during the public hearing that will occur in August. Monday’s intention is to keep the process moving forward expeditiously to allow for additional meetings, if necessary, in between the regular meetings so that the board and public will have ample time to review prior to a regular meeting.
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Resolution #111-2019 is passed to schedule a public hearing to amend the Town of Rush Solar Law on August 14, 2019
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There was discussion on the PILOT Law. Attorney Mancuso provided guidelines several years ago and will provide it further to the Town Board for their review. Councilperson Kusse stated that the Board did opt out of the law and the Secretary of State has no record. Attorney Mancuso stated that the Secretary of State only receives from the Town Clerk laws that have been adopted by a town board.
THEY LOVED IT SO MUCH THEY PASSED IT TWICE
Councilperson Kusse was right! The town board passed "Local Law 1 of 2017" that "opted the town out" of any renewable energy PILOT program. It didn't "hit the books" back in 2017, so they passed it again in 2019 for the record.
[ECHO Note: Looks like the July 15th "Special Meeting" mentioned in the July 10th meeting got rescheduled to July 22]
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Lots of Discussion on the changes to the solar law. The markup of original law showing revisions is here (Note: Additional changes were made as this is dated August 27, 2019).
More discussion on the revisions to the Town Solar Law. There was a discussion on if the Town should Opt out of the PILOT program. (Note: as stated above, the town already did "opt out" in 2017, but the law was not recorded so it technically didn't happen.) According to Attorney Mancuso, four towns in Monroe County have opted out as well as school districts which includes Rush-Henrietta. (Click here to see who has opted out of PILOT)
More discussion on the changes to the Solar Law. Todd Ewell, of CHA, Engineer for the Town was present and discussed many of the technical issues of solar power. Overlay districts were shown and, "Outbursts from the public occurred". Everyone in attendance was firmly against solar systems in Rush.
Another public hearing was called to discuss amending the Solar Law. Several residents made comments, but the board passed Resolution #118-2019 that scheduled a continuation of the public hearing concerning the amendments to the Solar Law for September 11, 2019. Attorney Mancuso stated that due to the legal requirements in the possibility of adopting the proposed Local Law, the next available meeting in order to do that will be the September 25th meeting.
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Resolution #121-2019 was passed that the Town of Rush will be the lead agency in the SEQRA process to make amendments to the Solar Law.
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Resolution #122-2019 was passed to schedule a public hearing on amending the local law of taxation of solar, wind and farm waste energy systems on September 11, 2019 (Opting out of the PILOT law)
Solar issues discussed once again. Many residents standing in opposition to solar, PILOT programs and anything related to the issue of solar in Rush. Resolution #225-2019 is passed that says the board has done it's diligence in preparing to amend the Solar law and schedules a special meeting of the Town Board on September 4, 2019 and on September 16, 2019 to further discuss changes to the solar law.
Another meeting to discuss changes to the Solar Law. There was a discussion on the distance of setbacks, land contouring, vegetation and other methods of hiding the solar arrays. There was anger and outbursts. Both 300 foot and 500 foot setbacks were discussed (increasing from 200 feet in the original law). There was a discussion on decommissioning, fire safety and other issues within the original Solar Law. Resolution #129-2019 was passed to schedule a continuance of the pubic hearing related to the Solar Law on September 16, 2019. Resolution #130-2019 was passed to re-schedule the public hearing on amending the local law of taxation of solar, wind and farm waste energy systems from September 11, 2019 to September 25 2019 (Opting out of the PILOT law)
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[ECHO Note: Scheduling in these meetings gets confusing where the Town Board doesn't seem to remember which special meeting was to occur on which date. Read the minutes carefully for yourself.]
Some residents showed up to discuss solar, even though the schedule had been altered. There was a little confusion. Attorney Mancuso advised that a special meeting for a public hearing on the Local Law on Solar is scheduled for September 16th, 2019. A public hearing for the Local Law regarding the opt out law is scheduled for September 25th, 2019.
Attorney Mancuso stated that originally the Board was prepared to hold a public hearing for the proposed amendments to the Solar Law, on at this meeting and the PILOT Opt Out public hearing on September 25, 2019. The public hearing notices were unable to be published timely in order to hold them. Attorney Mancuso recommended that the Board resolve to amend and reschedule both of the public hearings to the next regularly scheduled meeting on October 9th, 2019. Resolution #137-2019 passed to do this.
People were confused and upset about the change in agenda. Since people had come specifically to discuss solar, they did.
Tom Guzek, managing partner working with Helios Energy, provided a PowerPoint presentation of a 50-acre solar project submitted to the town last year. The town’s solar law was being created and a Local Law filed in March of 2019. Helios Energy wishes to initiate the approval process of project based on the current Solar Energy Law and to be included in the Planning Board process. The plan was created based on the adopted solar law. The agricultural land is a 110-acre parcel. A pollinator mix is included in the project. The parcel includes two projects which are 5 megawatt and 3 megawatt. Benefits for the town were presented which provide subscribers a 10% reduction of energy costs for the lifetime of your participation in the program and there are no air pollutants or greenhouse gases. National Grid chose the Golah Station because of the power quality issues in Rush. The solar energy will allow National Grid to aid in keeping electricity produced in town. There is no additional cost to residents. A pilot payment will be made to the town, school and county for allowing Helios to build the project.
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More details and specifics of the Helios project, and a full contingent of Rush residents spoke against (and for) solar projects.
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[ECHO Note: PowerPoint presentation not available on Town Website]
Deputy Town Supervisor Woolaver noted that the Helios application is not complete and requires additional information before the town can accept it.
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Many residents came expecting a public meeting on solar and the agenda change wasn't conveyed to them. Comment period has much against (and for) solar.
Detailed discussion started at 7:15 PM about the proposed changes to the Solar Law (Section 120-74 of the Town Code). After the discussion ended at 8:30 PM the board opted to leave the comment period open until the next meeting.
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Starting at 8:30PM the discussion started about opting out of the PILOT program (Local Law 3 of 2019). Most residents favor opting out.
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Tom Guzek of Solar Park Energy, doing work with Helios Energy stated that many comments stated are based on misunderstanding. The NYS Legislation in 1987 created the opt out clause of 487 means a 15-year abatement for any renewable energy project in New York State. There was no action taken in previous years to eliminate taxing authorities. Mr. Guzek explained that when a developer contacts a taxing authority such as town, school or county for a project a pilot in lieu of full taxation for 15 years offering a percentage of total value of the perceived revenues as if the project is assessed at full value. Opportunity is given to offer a certain value based on the megawatts that are being developed to each of the taxing authorities, whether it is the school district, town or county. Helios is making a proposal to the county for a pilot. The county has agreed to accept a pilot agreement for any solar project in Monroe County. A negotiation is recommended. If Rush votes to opt out and does not negotiate for a pilot, at some time litigation may result. Many farmers receive an agricultural exemption of 50 to 80 percent. There is a potential risk that the legislature of state may act and move to a zero carbon policy by 2040 which will no longer provide a chance to opt out.
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The public hearing ended at 9:41PM. There was a bit more discussion about the PILOT law, and then Resolution #153-2019 was passed unanimously that officially opted Rush out of the Section 487 PILOT program, Passing Local Law 3 of 2019.
Tom Guzek from Solarpark/Helios with engineers from Ingalls & Associates and his Attorney David Rasmussen were present to discuss the Helios project with the board. They explained that they have presented their project to the Town Board several times, and have attempted to submit plans to the building department but they have not been accepted. They have come seeking advice to move the project forward.
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Chairman Felsen advised that the process begins with the Town Board with a Special Permit Application and with the Town Board’s SEQRA review, then the Town Board would decide whether or not to refer the project to the Planning Board for a Site Plan request. At this time, the Planning Board has not received a referral from the Town Board. Chairman Felsen noted that an escrow agreement has not been provided to the Town.
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Attorney Rasmussen stated they will not put money into an escrow account until they know this project is moving forward.
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Mr. Guzek explained they developed their project around the solar law that was passed on March 27, 2019 and were advised at that time by the prior Town Supervisor to submit plans to both the Town Board and the Planning Board. They have tried to follow that plan, but with regards to the Horseshoe solar project and the negative element that occurred with it, they have not been able to initiate approval of their project.
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Mr. Guzek stated their project is significantly different than a large scale solar site. They are a community solar project proposing to utilize 50 acres of a 100 acre parcel and develop 8.5 megawatts. They will be connected to the National Grid interconnection at the East Golah substation. Golah was upgraded by National Grid because this is a pilot project that is key for National Grid to showcase distributed energy within the state. Mr. Guzek believes the Town does not want to move forward on this until modifications are done to the current solar law, and those modifications would have significantly negative impacts on this project.
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Vice Chairman Morelli explained that the Town Board and the Planning Board are separate entities. The approval of that law is the Town Board’s jurisdiction. The Planning Board is involved if and when the Town Board refers the project. This has not occurred.
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Attorney Rasmussen expressed frustration that the Town Board has not made a referral to the Planning Board.
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Attorney Mancuso advised that only plans are on file; there are no application documents. Attorney Rasmussen had said that pdf’s were submitted, but Attorney Mancuso checked with the Building Department and those were never submitted. The first phase in any project development is submitting sufficient materials to deem an application complete before any town is going to undertake a review of a project. If those documents exist, then that does start with the Town Board under the current solar law. If review is going to be undertaken, the escrow agreement component must be in place. Attorney Mancuso had provided counsel of the procedure.
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Attorney Mancuso further advised that if documents are submitted to the Town Clerk’s office with the appropriate filing fees, the Town Clerk’s office will intake them, however, there are still steps that need to be undertaken before any Board is going to be in a position to start coordinated review of any project. To begin with, there is the escrow agreement component.
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Attorney Rasmussen asked that outside of the escrow agreement, if they submit their project under the current solar law, will their project be accepted at the Town Clerk’s office for placement on the Town Board Agenda for November 13, 2019 and then proceed to the Planning Board?
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Attorney Mancuso replied that he cannot make a commitment on behalf of the Town Board that they will take any action of this application. It is their jurisdiction.
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Attorney Rasmussen reiterated that they would like to appear on the November 13, 2019 Town Board Agenda and asked Attorney Mancuso to advise the Town Board to allow this.
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Big meeting in the Udicious Pavilion.
Deputy Town Supervisor Woolaver read a statement addressing the Town Board member conflict of interest raised by residents and that recusing himself from legislation or solar deliberation items before the Board was not necessary. Deputy Town Supervisor Woolaver is committed to serving the residents. Under New York State Law there is a prohibition on a municipal officer having an interest in contracts with the municipality. An interest is a direct or indirect pecuniary or material benefit. Under the Town’s Code of Ethics, public disclosure on the official record is also necessary for direct or indirect financial or other private interest in pending legislation.
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Deputy Town Supervisor Woolaver stated that his wife Susan is a first cousin to Bruce Howlett who as many know is seeking to develop a solar project in the Town of Rush. There is no interest in Mr. Howlett’s business or any of Mr. Howlett’s potential projects and both the Deputy Town Supervisor and wife Susan do not currently or in the future stand to obtain any benefit as a result from Mr. Howlett’s business activities. Deputy Town Supervisor Woolaver stated that he swore under oath to faithfully discharge the duties as a member of the Town Board and at all times have acted so as to carry out what is believed to be the best interests of town and its residents. Deputy Town Supervisor Woolaver does not believe there are any conflicts of interest with respect to the pending solar legislation that requires recusing himself.
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PUBLIC HEARING 7:30 PM – Local Law amending Section 120-74 of the Zoning Law of the Town of Rush regarding Solar Energy Systems. [ECHO Note: Starts on page 7 of minutes]
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Deputy Town Supervisor Woolaver stated that the Board’s initial decision to prepare and adopt a solar law was based on the needs of residents wishing to accept solar projects on their parcels and the need for energy in the ever increasing usage of electricity. The solar being discussed at that time involved resident properties. A 500 foot setback would not provide a reasonable setback for the small projects.
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A debate and discussion on the Horseshoe Solar project. Read the minutes for all details.
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At 8:59PM the discussion ended and the board elected to resume the conversation at a Special Meeting on October 25th at 4 PM.
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[Echo Note: Lots of "hot debate" on solar and the meeting ended at 10:04PM]
The board passed a Negative SEQRA declaration on the Amendment to change the Solar Law (Local law of 4 of 2019) and then the board passed the "upgrade" of the original solar law.
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Here's the text of the law here
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Here is the "Plain English" UPGRADE Summary Version OF SOLAR LAW #4 of 2019
Here's the differences between the first solar and this upgraded version in plain English.
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The definitions of types of solar systems are the same:
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Tier One is Roof or Building mounted solar.
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Tier Two is ground based and up to 25 KW AC and can't make more than 110% of the previous 12 months electricity.
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Tier Three is everything else.
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Anything that is subject to review to Article 10 of the NYS Public Service Law is subject to the rules under Rush Town Code.
[ECHO NOTE - Article 10 is the law that permits a NYS siting board put a renewable energy system wherever they want (within restrictions and within consideration of local laws if not "burdensome".) This was replaced by Section 94C (an updated more aggressive version or Article 10) so this law needs some updating. This phrase has the intent of giving the Town of Rush authority over the State of New York]
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All solar systems have to be "up to code".
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Everything needs a building permit and stuff on the ground needs approval by the Town Engineer.
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The Town gets to do a SEQRA review.
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The major change to the law is in the Tier Three section:
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Systems can only go where there is an approved "Solar Energy Systems Overlay District" exists and it can be installed after special permits after site plan approval by the Planning Board.
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Systems can't take up more than 150 total acres. A system must be a minimum of 20 acres and a maximum of 50 acres.
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Systems cant be in or within 1,000 feet of the following types of zoning districts:
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R-20​
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R-MH
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RR-5
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R-TH
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Systems need to be no more than 12 feet in height (was 15 feet)
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Systems need to be 200 feet from all property lines. (It was 200 feet away from the property line of residential property, 50 feet from agricultural property, and 200 feet from the centerline of the road.)
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Systems can't exceed 50% of the lot.
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A landscape buffer shall be provided around the Tier 3 Energy System to provide screening from adjacent properties. The Tier 3 Solar Energy System shall be completely screened from any adjacent property. To accomplish this screening, existing vegetation shall be utilized to the fullest extent practicable and/or at least 2 rows of native evergreen trees or other screening acceptable to the Planning Board which is capable of forming a continuous hedge at least 14 feet in height at planting shall be required and maintained. A two-year warranty shall be provided for any screening installed as part of the Tier 3 Energy System. The minimum screening requirement may be waived if the Planning Board determines that some other suitable vegetation or feature already exists to achieve complete screening.
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Creation of Solar Energy Systems Overlay District. The purpose of the Solar Energy Systems Overlay District is to accommodate Tier 3 Solar Energy Systems in appropriate locations within the Town. To create a Solar Energy Systems Overlay District you need:
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An application is needed with an architectural plan with every minute detail.​
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An Environmental Assessment Form
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Proof of ownership of the land
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A description of the property is with measurements
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Then you are sent to the Planning Board and they can make recommendations or requests for modifications and they have 30 days to do it (and it can be extended to 60 days)
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Then the request gets sent to the Monroe county for approval.
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Then there is a Public Hearing
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Then there is a SEQRA review
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A special permit is needed by the Planning Board if you made it this far
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The Planning Board then needs to approve the Site Plan
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Tom Guzak from Solarpark/Helios requested a referral from the Town Board to the Planning Board. Modifications were made to the application pursuant to the changes in the Solar Law. The changes in the law present areas for discussion and review. The applicant requests that the 200 foot setback of centerline of highway be accepted rather than 200 foot setback from property line on Interstate 390. The remainder of the required changes to the solar law appear to be attainable with this project. Based on the Planning Board recommendations, the applicant will return to the Town Board for the SEQRA process.
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Councilperson Kusse requested specific submission dates of the applications to the Town Clerk’s Office. The Town Clerk’s Office and attorney’s office were contacted regarding a hearing date. Councilperson Kusse noted that he had not reviewed the application.
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Attorney Mancuso confirmed knowledge of receipt without fee of the application in the Town Clerk’s Office. The modification process of the law was being conducted by the Town Board. The Town Board has jurisdiction of a referral to the Planning Board before an overlay district is established and SEQRA process begins.
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Attorney Mancuso reiterated that the process is now clear, and Town Board decides whether or not to proceed to refer the application to the Planning Board. Anything that is incomplete will be addressed through the referral process.
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Councilperson Coffey stated that there have been multiple discussions and presentations regarding the Helios application. In light of the amendments the Town Board has requested the application submission was not fully complete until the law was adopted. The technical information is reviewed by the Planning Board and will be sent to the Town Board for legislative direction. The town engineers will have also reviewed the application.
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Attorney Mancuso will continue to review applications for completeness and refer them back to the applicant for additional items. There were two submittals from the applicant based on the changes to the solar law.
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There was much discussion between Board members on when the applicant submitted the application, plans and environmental forms and whether or not it was complete on either occasion.
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RESOLUTION #177-2019 referred the application for the Helios Solar project for a solar energy system overlay district to the Planning Board for its December 17, 2019 meeting. It was passed unanimously by the board.
Deputy Town Supervisor Woolaver noted that Planning Board Chair John Felsen has requested an extension of 30 days in order review of the solar applications before the town.
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Attorney Mancuso confirmed that both Forefront and Helios Solar Projects have requested to be reviewed at the December 17th Planning Board meeting. Forefront has complied with the town and submitted an escrow agreement and documentation in both digital and hard copy form. Helios has not complied with a submission of an escrow agreement or digital copies of documentation. The Helios project has been tabled until their documentation is furnished to the town. Nevertheless, both solar projects are under referral. Chair Felsen requested the Town Board grant a 30-day extension for review of the solar applications.
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Resolution #191-2019 extends the review process by 30 days and is passed unanimously.
Resolution #199-2019 authorizes the Deputy Town Supervisor to execute the Helios Energy LLC Escrow Agreement in the amount of $20,000
January 7, 2020 - Helios Resubmission
Town Attorney Mancuso offered the following: Helios Solar has submitted their escrow agreement and provided escrow funds and digital documentation. All documentation is available on the town website. The referral is scheduled for on January 21st
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Helios/Howlett – Resolution to Declare Intent to Act as Lead Agency - Attorney Mancuso stated that the resolution is substantively the same as Forefront solar project application. Town Clerk Bucci will generate a notice to all involved and interested agencies to start the SEQRA process.
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Discussion ensued regarding a change in acreage from 48 to 36.9 physical disturbance found on Page 3 of Part I of the Application. The Helios representative noted that there was an update in acreage submitted on January 7, 2020 to the town attorney. The application is updated to confirm to the newly revised and adopted Solar Law. The parcel itself is larger than 48 acres.
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Councilperson Corbin asked that the updated application be reviewed prior to the town being designated as the Lead Agency and that the Board deliberate and propose a resolution at a future date.
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Attorney Mancuso noted that further deliberation will not affect the timing with the commencement but will include diligently working through the process. There will simply be a two week delay for lead agency.
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Attendee Bruce Howlett asked if the Helios application will continue to be reviewed at the January 21st Planning Board meeting.
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Attorney Mancuso stated that there will be no delay in the SEQRA process and the Helios applicant appearing before the Planning Board in January. A 35 plus 14 day timeframe in establishing a lead agency will be adjusted within the process.
Ingalls and Associates civil engineering submits a Special Use Permit and Site Plan Application for the Helios project
The Town Board unanimously passes Resolution #69-2020 which authorizes the Town Clerk to tell the applicable governmental agencies that the Rush Town Board is going to be the lead agency for SEQRA for the Helios project
Ingalls and Associates civil engineering submits an Application for Creation of a Solar Energy System (SES) Overlay District which includes a set of site plan drawings.
Helios – Howlett application was received and involves 101.6 acres of Farm 1 and Farm 2. A presentation to the Town Board occurred in 2018 and 2019. The town attorney and engineer have reviewed it and it was referred to the Planning Board, escrow funds have been received. The application was resubmitted in February 2020. State and county agencies have been contacted.
A review for report and recommendation to the Town Board regarding proposed Helios Rush Solar Farm project located at 540 Honeoye Falls #6 Road.
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Chairman Felsen advised that this is not a public hearing and that the Board will not be acting on the proposed project this evening. The Board will use the information provided tonight for their review for report and recommendation to the Town Board.
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Joe Hens of Ingalls & Associates wished to provide an updated presentation of the proposed solar project located at 540 Honeoye Falls # 6 Road.
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The presentation included the following:
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Buffers
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Proposed Property Lines
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Setbacks
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Drainage
HELIOS Resolution – Attorney Mancuso stated that additional documentation from the applicant is required.
The Rush Solar Law has been passed and updated. Now Helios has to figure out how to provision their application to fit the requirements of the Town of Rush. It will take two more years.
THE TWO YEAR MARK FOR HELIOS
April 14, 2020 - Documents Submitted
The board acknowledges the fact that the Helios project has been revised to a 5 Megawatt facility.
Councilperson Corbin held workshops with a committee of volunteers to create Tier 3 Solar Energy System forms that will assist all in the process and same procedures. A proposed resolution was submitted to the town board and is approved.
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The following forms were submitted and approved which need to be completed to apply for a Solar Overlay District:
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Form SES-1 (Rev 3-12- 2020)
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Form TE-SES-1 (Rev 3-12-2020)
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Form TB-SES-1 (Rev 3-12-2020)
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Form SES-2 (Rev 3-12-2020)
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Form TE-SES-2 (Rev 3-12-2020)
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Form TB-SES-2 (Rev 3- 12-2020)
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Form PB-SES-3 (Rev 3-12-2020)
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Form TB-SES-4 (Rev 3-12-2020)
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The town board once again recognises that the Helios project has been changed from a 7.5 Megawatt facility to a 5 Megawatt facility. Apparently they have had time to think about it and ask questions because they passed Resolution #121-2020 to refer the project to the planning board.
RESOLUTION #165-2021 - Town Board’s intent to act as Lead Agency in connection with the SEQRA review required for the Project, and such notice shall invite applicable agencies and others to comment in accordance with SEQRA regulations in this regard. Councilperson Woolaver seconded the motion.
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Passed Unanimously
Attorney Mancuso will be crafting a letter outlining deliverables and asked for any additional items the Board is requesting from the Helios applicant.
Thomas J. Guzek, Managing General Partner and Founder of SolarPark Energy (the original presenter of this project) passes away at age 62.
They had questions and comments about Helios.
After careful consideration, it is decided that the application for the Helios project has undergone changes. This is two projects in one because of the way the array is built (to avoid the pipeline that runs through the site) as well as other issues, there are many technicalities that their current application does not address.
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Councilperson Corbin agreed with Attorney Mancuso that the applicant should resubmit and new application due to the revisions in order to follow the process and procedure.
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Engineer Ewell strongly recommended that the applicant look at the area requirements and follow the checklist before going back to the Town Board.
November 13, 2020 - Helios Resubmission
January 11, 2021 - Helios Documentation summitted
HELIOS Presentation: New application for an 8 MW Solar Energy System Installation at 540 Honeoye Falls #6 Road.
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Deputy Town Supervisor Corbin introduced Chandra Yarlagadda representative for the Helios project.
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Mr. Yarlagadda stated that the application will be called its legal name Rush Solar Farm, LLC and provided a PowerPoint presentation. Two farms, 3 MW AC solar farms are proposed over 20 acres of a 101.5 acre parcel. Rush Solar Farms partners with a large company for the duration and lifetime. The solar would generate about 15 to 16 million kilowatt hours of power annual which is enough to power about 1600 homes for an entire year. Projects are promoted due to New York State Climate Act by 2025 fighting climate change and improving health and quality of life for New Yorkers.
The Board members conversed on process and the public made comments.
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Click here for the PowerPoint presentation given to the Town Board.
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February 4, 2021 - Helios Documentation summitted
Discussion of Helios Solar referral to the Planning Board:
Councilperson Corbin reported that Helios is now on Step 2 of the application for SES Overlay District process. Councilperson Corbin asked Applicant Yarlagadda to confirm the acreages due to the discrepancies on the various documents.
Applicant Yarlagadda confirmed that the project was in fact 47.2 acres.
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Resolution #77-2021 passed to refer the application to the planning board.
February 19, 2021 - Helios Documentation summitted
Councilperson Corbin reported the following:
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Helios Tier 3 Solar Project is on the March 16th Planning Board agenda
March 12, 2021 - Correspondence from Town Engineer
A presentation of the project by Helios and a discussion by the board. More information is needed concerning screening of the site by vegetation. A site visit is suggested. The board approves Application 2020-01S for the Town Board to pursue the creation of a Solar Overlay District.
The Helios project has been submitted and resubmitted several times with several "back and forth" iterations between the Town Board and the Planning Board as the laws and the project have evolved.
THE THREE YEAR MARK FOR HELIOS
April 16, 2021 - Helios Documents Submitted
April 28, 2021 - Helios Documents Submitted
Application 2020-01S Helios Energy LLC for Rush Solar Farm 1 & Rush Solar Farm 2 represented by Richland Resources LLC regarding a referral from the Town Board of the Town of Rush for a report and recommendation on the creation of a Tier 3 Solar Energy System Overlay District for two Tier Three Solar Energy Systems. The property is 47.2 acres. The property is located at 540 Honeoye Falls No 6 Road, Rush, NY 14543 and is zoned R-30.
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Applicant Yarlagadda virtually shared some Helios plans. Applicant Yarlagadda noted the changes in the initial project outline. Five to six acres of panels have been removed from the southeast side. The screening has been relocated further so that is now at a much higher point of planting than it was before additional screening is added.
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[ECHO Note: Read greater detail in minutes starting on page 5]
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Ultimately, there is no decision that has been made by any board with respect to the project. Currently in the process, the referral has been made, and as part of the referral, this applicant has voluntarily decided to try to make modifications that are designed to try to alleviate some of the concerns that the Planning Board has been looking at in their checklist. Screening is a big part of the overall law. The Planning Board needs to decide if it reached a point where the plan that the applicant is proposing is feasible and if it should decide on this current iteration. And that may mean, that you do not think it can be screened. The Town Board will need to know that 100% screening will not be able to be achieved. The Applicant may also conclude that it would like other modifications may be warranted. Considering moving those panels closer to 390; recognizing that this project may need a variance. Needing a variance, is not the Planning Board’s charge, but it very well is a consideration for a SEQR review by the Town Board. The Zoning Board of Appeals may decide whether one variance would be more palatable than another. Attorney Mancuso noted that there was enough information before the Planning Board now to start to finish the checklist. Some questions may warrant some follow up.
May 28, 2021 - Helios Documents Submitted
The Planning Board Recommends to the Town Board that this application (for the Helios Solar Array) should be recommended for the creation of a Solar Energy System Overlay District only after substantial study and verification of May 24, 2021, design features, including screening; and...
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Having considered the factors under §120-74(H)(18), the Planning Board finds the application potentially acceptable for the reduced size design of May 24, 2021. The Planning Board recommends approval of the Solar Energy Systems Overlay District for the Project conditioned upon possible design changes that provide further improved screening, utilizing the newly reduced footprint possibly located at higher elevations in the southeast corner of the Project site. Alternatively, conformance to screening requirements could benefit from a Code modification to allow adjacent property owners to sign off on views of panel areas to which they do not have an objection.
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Based on the May 24, 2021, revised plans, the Applicant should prepare a revised Part 1 of the Full Environmental Assessment Form and submit a full set of plans signed and stamped by a licensed engineer or architect. The full set of plans should also contain a list of all prior revision sets submitted to the Town.
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June 21, 2021 - Helios Documents Submitted
Resolution #165-2021 is passed making the Town of Rush the Lead agency for the SEQRA process.
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(ECHO note: This has a timeline of all the above deatils with dates and a rough overview built into it)
September 14, 2021 - Helios Documents Submitted
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Helios Engineer's (Ingalls & Associates, LLP) response to the Letter from Rush Town Engineer Todd Ewell dated May 8, 2020
[ECHO Note: No such letter is on the Town of Rush website]
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Vegetation Management Plan
(Drawings dated November 13, 2o20 through September 14, 2021) -
Vegetation Management Plan (Drawing dated September 13, 2021)
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Updated view of layout with vegetative screening May 28, 2021
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Noise Testing - Acoustic Test Protocol for SUN2000HA String Inverter (April 17 2018)
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Rush Solar Farm Operations and Maintenance Manual (Revised September 13, 2021)
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Rush Solar Farm Stormwater Pollution Prevention Plan (September 13, 2021)
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October 4 2021 - Helios Documents Submitted
Chandra Yarlagadda, representing Helios, noted that based on the August 24, 2021 letter referenced by the town engineer May 8, 2020, adjustments to the proposal are necessary. The Board asked that both the Helios engineer Joe Hens and town engineer Todd Ewell converse directly. Attorney Mancuso clarified the letters and iterations being reviewed for the current proposal. Much of what the engineer pointed out continues to be relevant. Updates and deliverables are necessary.
Councilperson Corbin noted that both the town and Helios’ engineers have just submitted reports and comments. Both the town and town’s attorney will have an opportunity to review and report at a later date.
Supervisor Kusse will invite Town Engineer Ewell to the next meeting for discussion.
November 12, 2021 - Helios Documents Submitted
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Response to Town engineer comments provided to Ingalls & Associates, LLP in a letter from Todd Ewell, dated November 3, 2021
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[ECHO Note: Ingalls and Associates (Engineers for Helios) state that they sent over Twenty-One (21) complete plan sets on August 2, 2021 in response to previous inquiries for changes and they are resending them because it seems like the Town Engineer is asking for things they have already supplied. The resubmission included with this letter is posted to the Town website, which matches the electronic submissions made dated September, 14, 2021. The disposition of the hard copies sent a month earlier are unknown.]
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Helios Update – Chandra Yarlagadda, Engineer Joe Hens and Engineer Todd Ewell were present via zoom. All comments of engineers for letters of November 3 and November 11 were stated aloud. Although received digitally, a hard copy of the decommissioning plan will be forwarded to the Town Clerk’s Office for distr. Engineer Ewell noted that for any more updates, a comprehensive set of all hard copies and digital documents must be sent to the town. Because the project lay has changed, any and all reports should be updated if necessary. For purposes of understanding, engineers and board members discussed details of the plan. Engineer Ewell recommended that Buckeye Pipeline must submit in writing their easement response.
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Attorney Mancuso noted that the Board may want assurance regarding Buckeye Pipeline’s easement and potential access and the feasibility of the site plan in regard to the location of the access road. It may be a planning board condition and reasonable easement request.
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The Board will move forward with the Helios SEQRA process at the December 8th meeting. Engineer Ewell will not be available for the later monthly meeting.
Helios Start of SEQRA Process Access to EAF submitted June 21, 2021 - Both Engineer Ewell, Attorney Mancuso and Councilperson Corbin noted discrepancies and items that may need further review and updating from the applicant. The town is the lead agencies and must determine whether or not there is an impact and whether it can move forward with the process.
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There was much discussion on particulars of the project by board members, town engineer and town attorney.
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Applicant Chandra Yarlagadda asked that the Board specify exactly what additional information is needed so that the matter can be moved forward or marked.
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Engineer Joe Hens commented on matters being discussed.
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Councilperson Corbin will communicate with the town attorney, compose a letter and submit it with items of requested information, clarity or updating and submit it to Applicant Yarlagadda.
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Supervisor Kusse will add Helios SEQRA process to the December 22, 2021 agenda.
Councilperson Wickerham received correspondence for attorney for Helios project reminding the town of being declared lead agency and that the 20 day determination had passed. A resolution is requested so that an Article 78 proceeding was not presented.
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Supervisor Kusse has been advised by the town attorney to leave the discussion for an attorney response and that advice will be followed. The Supervisor sets the agenda and neither will be included.
[ECHO Note: Councilperson Wickerham is referencing this letter from Alicia Legand an Associate of Hodgson Russ Attorneys (representing Helios) that the Rush Town Board is creating an unnecessary delay in determining the SEQRA review for the Helios project. Ms. Legand is making a case for the fact that the Town is "dragging its feet" on making a SEQRA determination.]
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Helios start of SEQRA process access to Board Review Packet – Supervisor Kusse noted continued faults in the application material preventing the board from entertaining the SEQRA process.
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Attorney Mancuso has received an additional submission from the applicant and a letter from the applicant’s attorney proposing that the Board is in violation of the provisions of the SEQRA regulation. Necessary information is often submitted well beyond the 20 day period based on engineering and other things that may be asked of an applicant. For practical matters, the Board continues to review submissions. Attorney Mancuso responded in disagreement to the applicant’s attorney’s letter.
RESOLUTION #7-2022
Councilperson Corbin moved to schedule a public hearing on on the proposed Helios Solar Overlay District for Wednesday, February 9, 2022, at 7:15 pm at 5977 East Henrietta Road, Rush, New York and on zoom. Councilperson Woolaver seconded the motion.
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UPON ROLL CALL VOTE MOTION UNAMINOUSLY CARRIED
[ECHO Note: Attorney Mancuso is no longer representing the Town. The new attorney is for the town is from the firm Boylan Code and the Attorney at town meetings is David Hou.]
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PUBLIC HEARING 7:15 PM: CREATION and REQUEST FOR REZONING AT 540 HONEOYE FALLS NO. 6 ROAD FOR HELIOS SOLAR FARM LLC TO A SOLAR ENERGY SYSTEM OVERLAY DISTRICT
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Deputy Town Supervisor Corbin introduced Chandra Yarlagadda who provided an overview of the request for an overlay district and shared a PowerPoint presentation.
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[ECHO Note: PowerPoint presentation not available on Town Website. Click here to see the presentation on YouTube.]
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Deputy Town Supervisor Corbin opened the floor for public comment to the Town Board.
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Attorney Hou asked that all persons speaking would limit their comments to a reasonable three minutes.
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Resident Cindy Mack asked a number of questions that will be submitted to the Town Clerk for the applicant’s answers.
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Resident Phyllis Wickerham noted support of the overlay district and for the project to move forward.
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Resident Carl Ast opined that the solar farm is not being followed to the town’s code and that the renderings are off resolution.
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Resident Bob Laflesh is not in support of the array project on Honeoye Falls No. 6 Road.
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Resident Mark Atwood is not in favor of the project.
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Chandra Yarlayadda, part-owner of Helios Energy and Joe Hinman, engineer consultant, provided answers to questions posed.
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The Board agreed to forward further questions of residents to Chandra Yarlagadda and Joe Hinman for responses to be placed on the town website.
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A request was made to leave the public hearing open for comments through February 23, 2022.
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Attorney Hou stated that the Board has the ability to keep the public hearing open for comment through a period of time. The process of approving an overlay district will include more public hearings prior to Board approval. The overlay district will not change the zoning of the entire neighborhood but will create an overlay of a portion of a specific piece of parcel. The approval will continue through the site plan and a special permit process.
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The Board agreed to leave the public comment portion of the public hearing open for comments to the Town Clerk until February 23rd. The public hearing itself will continue to be open until March 9th
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III. PUBLIC COMMENT:
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Deputy Town Supervisor opened the floor to the public.
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Resident Phyllis Wickerham asked when the SEQRA regarding Helios would continue, would there be a written copy of the town board meeting rules and procedures available to the public and will the new local law regarding tax exemption be available on the town website. Ms. Wickerham additionally asked whether the feature on the website for town information be used for more up-to-date town information being sent directly to signed up individual persons emails.
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Resident John Morelli commented on the overlay district discussion on screening. Mr. Morelli opined that the town discontinue to entertain a project that cannot follow the town law.
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​Resident Mark Atwood noted being bothered that the installation of solar panels be installed on pristine farmland and whether residents affected by the project receive a larger discount on electricity.
This supplemental site investigation and geotechnical evaluation was requested by Helios, as the southwest portion of the original site is being added to the solar site development.
HELIOS – SEQRA Part 2 Discussion
Attorney Hou stated the SEQRA process began in August of 2020. Lead agency status is now necessary. Once that is adopted, the Board can proceed with reviewing Part II of the SEQRA process.
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Attorney Hou explained that all questions will be read, depending on all responses, it will determine what type of action is needed to based on a no to small environmental impact or moderate to large environmental impact. From the boards’ answers both the town attorney and engineer can prepare Part III.
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RESOLUTION #99-2022 - The Town Board does hereby designate itself as the lead agency for the the determination of significance thereon under the SEQR Regulations for Helios.
Passed Unanimously.
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[ECHO Note: The Town Board already said they were going to be the lead agency for Helios back in August of 2020. Apparently they felt a need to reiterate this fact.]
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The town attorney moved with the town board and on occasion input from the town engineer reading and answering questions of the document which went on for 2 hours and 5 minutes, ending on Question 11 of part II.
March 2, 2022 - Helios Response to the first session of the SEQRA Discussion
On February 23, 2022, the Town Board of Rush began the SEQR review process for the Rush Solar Farm 1 Project and deliberated on approximately half of the questions in part 2 of the EAF. Although the Werner Solar Project, developed by Forefront, was afforded the opportunity to speak and give specific clarifications on the EAF questions, as documented in the Rush Town Board Meeting Minutes for April 8, 2020 and May 27, 2020, we were not. Joseph Hens raised his hand to assist with the process and sent Councilperson Corbin a request in the live Zoom chat, but was denied the same opportunity to speak. Since we were denied the same opportunity as Forefront and give specific clarifications during part 2 of the EAF review, we are submitting specific clarifications below to the questions the Town Board has already completed. We request this letter be added to the public file for the Rush Solar Farm 1 Project on the Town’s website.
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Finishing the SEQR form (Full Environment Form) picking up on Part II, Question 11
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Attorney Howe thinks the board needs to finish answering the questions and then go back and discuss the previous questions unresolved based on comments, and then give all the answers and Helios should be given a week to comment and come back to the board on March 23rd to have additional discussions based on comments if the board believes that have a moderate to large environmental impact. When everyone is in agreement on of part I and II then would go onto part three and have a determination and a resolution in the first meeting of April with possible further discussion.
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The board then spent 54 minutes completing Part II
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Part 3 of the Form will be discussed at the March 23rd Town Board meeting.
March 15, 2022 - Helios Response to the second session of the SEQRA Discussion
On March 9, 2022, the Town Board of Rush continued the SEQR review and completing of the questions to part 2 of the EAF. We are submitting specific clarifications below to the questions the Town Board has already completed. We request this letter, along with the previous letter dated March 2, 2022, be added to the public file for the Rush Solar Farm 1 Project on the Town’s website.
The Helios project has been submitted and resubmitted several times with several "back and forth" iterations between the Town Board and the Planning Board as the laws and the project have evolved.
THE FOUR YEAR MARK FOR HELIOS
April 4, 2022 - Helios Energy Letter to the Town Board
April 11, 2022 - Helios Energy plans submitted
Attorney Hou noted that the last issue discussed was the screening issue that will continue with the additional information received. An authorization of whether the Board wished to state a negative or positive declaration of impact depends on the next steps in the Helios Solar Project process. Supplemental information was submitted by Helios to MRB and forwarded to the Board for review.
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Helios engineer Joe Hens walked through the visual assessment and the Board discussed. Sharon Thomas, architect was brought aboard by the applicant to work with screening as defined and shared landscape screening design concept. A variety of landscaping ideas were provided. The lack of screening on the west side was due to the wetlands protected by DEC. All discussed different areas to move the panels so that proper screening to mitigate the concern. The panel design was changed at the request of the Planning Board and can only be changed moderately due to the necessaryinterconnection point.
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Attorney Hou noted that changing the panel configuration would not jeopardize or restart the SEQR process. The screening needs to be resolved.
April 20 - 26, 2022 - Helios Energy Plans Resubmitted
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Vegetation Management Plan - Drawn 9/14/2021 - Revision #3 - 4/20/2022
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Vegetation Management Plan - Drawn 9/14/2021 - Revision #4 - 4/26/2022
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Solar Energy System Overlay District - Drawn 2/3/2021 - Revision #4 - 4/26/2022
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A revised screening plan has been presented by the applicant and Attorney Hou has submitted comments. The Board continued their discussions with the applicant regarding screening and vegetation. Engineer Joe Hens provided a diagram illustrating screening now surrounding the entire array.
Attorney Hou requested direction from the Board on whether or not the Board wished for a negative or positive declaration be prepared for consideration. If acceptable, the next step is to set a public hearing on the amendments to the zoning map to create an overlay district that would need to meet the revised meets and bounds for the layout. A negative declaration could be made and a next meeting to bring the process to a conclusion.
A revised map with meets and bounds is requested by the Board. The negative declaration can be prepared.
April 28, 2022 - Helios Energy Plans Resubmitted
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Vegetation Management Plan - Drawn 9/14/2021 - Revision #5 - 4/28/2022
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Solar Energy System Overlay District - Drawn 2/3/2021 - Revision #5 - 4/28/2022
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May 5, 2022 - Helios Energy Plans Resubmitted
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​Solar Energy System Overlay District Technical Description
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Solar Energy System Overlay District - Drawn 2/3/2021 - Revision #6 - 5/05/2022
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Attorney Hou noted that the Board has discussed the Helios documents final changes in terms of coverage and location. Upon direction of the Town Board, a Part 3 must be completed with either a negative or positive declaration. Once the overlay district is created the Planning Board will be working on review of the special permit and site plan.
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RESOLUTION #140-2022
Councilperson Corbin moved to authorize Boylan Code to prepare a Part 3 Negative Declaration for the Helios Overlay District. Councilperson Morelli seconded the motion.
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UPON ROLE CALL VOTE MOTION UNANIMOUSLY CARRIED
RESOLUTION #141-2022
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LOCAL LAW # ?? 2022 TO AMEND THE OFFICIAL ZONING MAP OF THE TOWN OF RUSH TO CREATE A SOLAR ENERGY SYSTEMS OVERLAY DISTRICT FOR HELIOS ENERGY LLC/RUSH SOLAR FARM 1, LLC’S DEVELOPMENT OF A TIER 3 SOLAR ENERGY SYSTEM AT 540 HONEOYE FALLS ROAD NO. 6
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Councilperson Corbin moved:
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WHEREAS, the Town Board has identified the need to amend the official zoning map of the Town of Rush in order to create a solar energy systems overlay district for Helios Energy LLC/Rush Solar Farm 1, LLC’s development of a Tier 3 solar energy system at 540 Honeoye Falls Road No. 6; and
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WHEREAS, the Attorneys for the Town of Rush have submitted a draft of said Local Law to the Town Board and said draft Local Law is on file with the Town Clerk; and
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NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Rush that a Public Hearing shall be had on the 25th day of May, 2022, at 7:30 PM for the purpose of adopting Local Law No. ?? 2022, to amend the official zoning map of the Town of Rush to create a solar energy systems overlay district for Helios Energy LLC/Rush Solar Farm 1, LLC’s development of a Tier 3 solar energy system at 540 Honeoye Falls Road No. 6; and be it further
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RESOLVED, that the Town Clerk advertise for said Public Hearing in a manner consistent with law.
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BE IT FURTHER RESOLVED, that said Resolution and local law shall take effect immediately upon its filing with the Office of the Secretary of State of the State of New York. Supervisor Kusse seconded the motion.
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UPON ROLE CALL VOTE MOTION UNANIMOUSLY CARRIED
(ECHO NOTE: Read the whole resolution on the Town Website linked above.)
(ECHO NOTE: Read the whole resolution on the Town Website linked above.)
PUBLIC HEARING 7:30 PM
Proposed Local Law to Amend the Town Zoning Map to create a Solar Energy System Overlay District for Helios at 540 Honeoye Falls No. 6 Road
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Following distribution of the proposed Local Law amendments to the Town Board members, notice of public hearing was duly published by Town Clerk Bucci according to the law.
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Supervisor Kusse asked for explanation of an overlay district.
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Attorney Hou explained that there are two separate issues regarding the Helios overlay. The proposed law is to amend the town’s zoning map to include a solar overlay district. Assuming a district is established by the Town Board, effectuating that change which will not occur until after all other local approvals are obtained, including the Planning Board site plan approval. The Board is now to consider approval of a negative declaration which has been prepared by MRB engineers. Further, a resolution can be considered to create an overlay district which is subject to be conditioned upon Helios obtaining approvals from the Planning Board. The overlay is conditional upon the Planning Board’s approval of the project. The overlay district cannot continue to exist without a project to support it. Until an approval is granted by the Planning Board, the Board’s approval is now concluded. The actual creation of the overlay amendment to the zoning map will take place at a later date. The Helios application will move to the Planning Board for site plan review. Once it is approved, the application will return to the Town Board for creation of the actual amendment of the zoning map.
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Having heard all comments, Supervisor Kusse closed the public hearing at 7:50 PM
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New Business
Resolution to Adopt a SEQRA Negative Declaration regarding Helios Energy LLC/Rush Solar Farm 1 LLC’s development of a Tier 3 Solar Energy System at 540 Honeoye Falls No. 6 Road
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MRB Engineer Gittens stated as a summary, the resolution proposed includes the process of the board accepting the application, determining that it is a Type I action under the SEQRA law. The application was revised through the process of coordination and as a result of that review, Part 2 was done and Part 3 was prepared. The resolution ultimately is stating that as a result of the review no significant or moderate to large impact to mitigate creates a negative declaration of significant authorizing the Supervisor to sign. The Negative Declaration is posted by MRB on the NYSDEC EMB publication which allows for a public comment period.
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RESOLUTION #148-2022
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RESOLUTION OF TOWN BOARD OF THE TOWN OF RUSH REGARDING
HELIOS ENERGY LLC/RUSH SOLAR FAR 1 LLC’S
DEVELOPMENT OF TIER 3SOLAR ENERGY
AT 540 HONEOYE FALLS NO. 6 ROAD
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BE IT FURTHER RESOLVED, based upon the information and analysis above.
And the supporting documentation referenced above the proposed action will not
result in any significant adverse environmental impacts. The finally resolved that
the town board does hereby make a determination of non significance on the
proposed development, and the Town Board supervisor is hereby directed to sign
the full environmental assessment form Part 3 and issue the negative declaration as
evidence of the town board's determination. Councilperson Woolaver seconded the
motion.
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UPON ROLE CALL VOTE MOTION UNANIMOUSLY CARRIED
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RESOLUTION #149-2022
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RESOLUTION OF THE TOWN BOARD OF THE TOWN OF
RUSH REGARDING THE CREATION OF A
SOLAR ENERGY SYSTEMS OVERLAY DISTRICT FOR
HELIOS ENERGY LLC/RUSH SOLAR FARM 1 LLC’S
DEVELOPMENT OF A TIER 3 SOLAR ENERGY SYSTEM
AT 540 HONEOYE FALLS ROAD NO. 6.
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NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD that each of the Whereas Clauses in this Resolution is incorporated by reference as specific findings of this Resolution and shall have the same effect as the other findings herein, and the application for the creation of a Solar Energy Systems Overlay District for the Project IS HEREBY APPROVED. The Town Board has considered the recommendations contained in the June 16, 2021 Planning Board Resolution and the additional factors relating to the creation of a Solar Energy Systems Overlay District under the Town Zoning Law.
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UPON ROLE CALL VOTE MOTION UNANIMOUSLY CARRIED
THE FINAL TOWN BOARD
APPROVAL IS UPON US
In just over four years, the Helios Energy company proposed, designed, engineered and got approval to build a single Tier 3 solar array in the Town of Rush
BUT WAIT! THERE'S MORE!
The next step is to go before the Planning Board to get the approval for the Zoning Law change that creates the Solar Overlay District. Just because the Town Board has examined the matter and approved doesn't mean the story is over...
July 6, 2022 - Application for Site Review from Helios (for creation of the Solar Overlay District)
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Stormwater Pollution Prevention Plan - Prepared 9/13/2021 - Revised 11/11/2021
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Full Enfironmental Assessment Form - Originally prepared 12/17/2021
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(ECHO NOTE: Also submitted were other plans, drawings, notes and documents originally submitted back in late 2021. Scroll up for the links to the other documents. They were submitted unchanged.)
Application 2022-07P by Helios (Rush Solar Farm 1, LLC) for the Site Plan and Special Permit Approval of the proposed construction of a 5 MWAC solar facility, including an associated porous access road, fencing, evergreen screening andelectrical equipment. The parcel is located at 540 Honeoye Falls No. 6 Road, Rush, NY 14543, with a tax parcel ID # 226.01-1-5.1 and is zoned R-30.
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1. General Overall Tier 3 Solar Approval Process
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a. Applicant presents proposal to the Town Board for Consideration. The Town Board determines the general merits versus the town code and decides whether to proceed.
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b. Project is referred to the planning board for further review of adherence to more specific town code requirements. Planning Board issues a report and resolution to the town board (which we did in June 2021). Gave the project a favorable recommendation condition upon further review of visual screening, especially the north, and noting that the decommissioning plan was yet to be studied and agreed, including the financial security deposit and decommissioning costs.
c. Project returned to the town board which then completed the SEQRA (Environmental Quality Review) as a lead agency. Approved a solar energy overall zoning district for the project site on May 25, 2022, contingent upon site plan and special permit approvals by the planning board.
d. This public hearing is aimed at the last major step in the approval process. The planning board approval of a site plan and a special permit.
e. There are some smaller later steps like fully establishing the overlay district by town board, town board acceptance of the decommissioning surety funding, building permits and some ongoing project reviews with potential minor modifications to prior agreements.
It was noted that today’s public hearing is about project adherence to town code requirements, not about general agreement or disagreement with the pros and cons of solar energy. Previous Town Boards have already decided and put into the town code that Tier 3 Solar Farms are acceptable under conditions stated in the town code.
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Public Hearing was opened adhering to town code requirements.
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Joe Hens explained updates, the biggest change being in addition to moving array away from Honeoye Falls Road, was also to move some of the panels away from the low spot. In addition, he discussed providing screening around the entire array with a mix of Austrian pines, Eastern hemlocks, some deer resistant arborvitaes to make a more attractive looking screening. They are also encompassing the entire array with trees now and extending a little bit further down with approximately 550 trees. He stated there is some flexibility if the Town Board chooses to move forward with the project and they want to condition certain trees or screen and they are open to any suggestions that the planning board has. This is the final layout that the town board had reviewed.
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Chairman Strock reviewed the report and resolution that the planning board did in June 2021. There are 18 different items required in the town code that the planning board goes through. A few areas of discussion included:
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#10. Site Maintenance Tasks. What is included under road maintenance including plowing of access roads during the winter when major snow events occur?
Engineer Hens states that they will add a definition to the manual for a what a major snow event is.
#11. Maintenance Plan. It is stated that the plan provides for two years on the screening. Engineer Hens will discuss with Helios extending the warranty.
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Chairman Strock shared pictures taken from the project looking north and from the adjacent property to the north looking south toward the project.
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Chairman Strock motioned to table Application 2022-07P by Helios Energy LLC requesting a Site Plan and Special Permit for a Solar Farm at 540 Honeoye Falls No. 6 Road until we have:
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Credible visualizations of the solar field views from the north including into the pipeline and higher elevations to the east of the pipeline.
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A diagram of the layout of trees used for screening with dimensions that are consistent with the listed numbers of trees.
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A tentative agreement between Helios and the town engineers on the substance and total of the decommissioning surety amount including stone amounts and per tree removal costs, all with use of a letter of credit and omitting subtractions for salvage.
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A response from the Town Fire Commissioners.
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Any other missing requirements/documents mentioned during the meeting.
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Member Ast seconded the motion.
Member Ast aye
Member McPherson aye
Member Wurzer aye
Chairman Strock aye carried.
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Opinions from Public Present
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Al Choate – Supports the Helios project and would like to see it larger. Feels there are so many requirements that are hindering development. His daughter has provided other written correspondence to the town board in the past that the Tom Sawyer law as written is excessively strict because of the setbacks in the screens and would be disappointed for project to be held up because of this when developer is putting in a good faith effort to compromise.
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John Morelli – States that he is concerned as he planted Austrian pines 10-15 years ago and now, they are starting to get brown. He called BOCES Cooperative Extension and was told that there is a disease going on with them.
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Hans Schmitthenner – States half of his Austrian Pines have died, and the other half are not good. Suggests looking at Concolor as a neighbor has some that are very nice.
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Joann Scanlon – Is frustrated that this plan is taking so long. She does not understand why the town is concerned and are putting up obstacles. She asks why (Helios) is being asked to adhere to something above and beyond.
MRB has completed a review of the submitted revised Site Plan dated November 13, 2020, last revised May 5, 2022 and Stormwater Pollution Prevention Plan (SWPPP), dated September 13, 2021, last revised November 11, 2021 both prepared by Ingalls & Associates, LLP. We also reviewed the revised Operations & Maintenance Plan last revised September 13, 2021 prepared by Helios Energy LLC, and Decommissioning Plan dated September 13, 2021 prepared by Ingalls & Associates, LLP. We offer the following preliminary comments for the Planning Boards consideration. A brief written response to each comment should be provided by design engineer.
(ECHO Note: Click link above for full letter.)
TO BE CONTINUED...
Notes and References
New York's State Environmental Quality Review Act (SEQRA) requires all state and local government agencies to consider environmental impacts equally with social and economic factors during discretionary decision-making. This means these agencies must assess the environmental significance of all actions they have discretion to approve, fund or directly undertake. When considering an action that has been the subject of a Final EIS, SEQR requires the agencies to balance the environmental impacts with social and economic factors when deciding to approve or undertake an "Action".
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