(3) Zoning Board of Appeals

DRAFT Town of Red Hook Zoning Board of Appeals Meeting Minutes May 14, 2010 CALL TO ORDER The meeting was called to order at 4:30 P.M. by Chairman Nick Annas at 162 Spring Lake Road, the site of the Gonzalez-Stewart property. ROLL CALL Members Present: Nick Annas, Christopher Carney, John Douglas, Paul Marienthal Absent: Kenneth Anderson, Jim Hegstetter ,Tim Ross. Alternate Trilby Sieverding came to the meeting but left when it was established that a quorum was present. PUBLIC HEARING 4:30 Continuation of Public Hearing for Appeal 10-01, Gonzalez-Stewart application to erect a solar PV array 30 feet from the front property line where the code requires a 60 foot front setback. The applicants’ lot is located at 162 Spring Lake Road in the RD3 zoning district. Mr. Gonzalez was present, as was Mr. Dave Byrne of Hudson Valley Clean Energy. Chairman Annas opened the Public Hearing. John asked Mr. Byrne if the array could be moved fifteen feet towards the house. Mr. Byrne replied that this change would place the array 24 feet from the edge of the leach field and the first pole on the farthest edge would be at the corner of the west side of Deer Run, i.e. on the corner opposite the Fiveldals lot line on Deer Run. Mr. Byrne expressed concern about proximity to the leach field. Mr. Gonzalez felt that there was no need to push the array so close to it. He said that nothing would be gained in doing so and damage might be done to the leach field. Chairman Annas responded that it would get it farther away from Deer Run. The group walked the field and continued to discuss placing the array approximately twenty feet from the leach field. Mr. Byrne said that the holes for the poles would be four feet long, two feet wide and four feet deep. The height would be ten feet. A backhoe would be used to dig the holes. The group tried to determine the location of the leach field which Mr. Gonzalez said had been put in about five or six years ago. John again expressed concern about moving the array close to the leach field and possibly causing damage. Chairman Annas stressed the necessity of moving it away from Deer Run. Mr. Byrne brought up the issue of shading from the trees at the rear of the field. He said he would have to recalculate the amount of shading if the array were moved and determine if the performance of the array at the new site would be acceptable. He said that there is now a 10% loss. If it were moved to 14 feet from the septic, the loss would be 12% to 13% which he felt would be acceptable. John noted that the shorter distance from the house would reduce Mr. Gonzalez’s cost. Paul felt that plantings could be used to screen the array. Chairman Annas felt that this would not get it out of sight of Deer Run. Mr. Gonzalez said that he thought it could not be shoved far enough away to get a benefit relative to visibility. John said that he was concerned that there were holes between the trees through which the array could be seen, viz. one opposite Deer Run and one at the last hole. Paul felt that a few bushes would take care of that. Chairman Annas suggested planting forsythia at these two gaps, as the deer do not eat forsythia. Motion to Approve Variance Chairman Annas closed the Public Hearing. John Douglas made a motion to permit the 62 foot single line PV array at the site chosen. From the property edge to the edge of the array there shall be a minimum of thirty feet. The tip of the east pole shall be approximately 50 feet west of magnetic south and 46 feet using the telephone pole with the following ID number: 65653. The edge of the array closest to the septic shall be approximately fourteen feet away. There shall be five poles with eight panels each. The array shall be adequately buffered by forsythia or other suitable shrubs or trees. This shielding shall be installed and maintained so that there are no gaps through which the array would be visible. The motion was seconded by Paul Marienthal. A roll call vote was taken and all were in favor. Therefore, the motion was passed and the variance granted. ADJOURNMENT Chairman Annas made a motion to adjourn the meeting. The motion was seconded by Chris Carney and all were in favor. The meeting was adjourned at 5:30 P.M. Respectfully submitted, Sheila Franklin 2 FINDINGS AND DECISION Appeal #10-01, Gonzalez-Stewart application to erect a solar PV array 30 feet from the front property line where the code requires a 60 foot front setback. FINDINGS: 1. The property is located in the RD3 Zoning District at 162 Spring Lake Road, Red Hook. 2. Tax Map #6373-00-624827. 3. The zoning law requires a 60 foot setback from the front property line. 4. The applicant wishes to place a single line PV array having five poles each with eight panels 30 feet from the front property line. 5. There were several objections from neighbors who expressed concern about the visual impact of the array. 6. A variance would be of benefit to the applicant with no detriment to the community given compliance with the following conditions: A. From the property edge to the edge of the array, there shall be a minimum of 30 feet. B. The tip of the east pole shall be approximately 50 feet west of magnetic south and 46 feet using the telephone pole with the following ID number: 65653. C. The edge of the array closest to the septic shall be approximately fourteen feet away from it. D. The array shall be buffered by forsythia or other suitable shrubs or trees. This shielding shall be installed and maintained so that there are no gaps through which the array would be visible. 7. There will be no change in the character of the neighborhood. 8. There will be no impact on the health, welfare or safety of the community. DECISION: John Douglas made a motion to grant the variance based upon the above findings. The motion was seconded by Paul Marienthal and carried by a 4-0 roll call vote. Dated: May 14, 2010 3