Four projects came before the Pine Plains Planning Board at its regular monthly meeting on May 10th: the Carson Power/Pulvers Corner solar farm application, the proposal to create a cannabis manufacturing plant at a CEEN Properties building on Church Street, The Stissing Center’s site plans amendment for roof replacement and other renovations scheduled for fall construction, and Stewart’s site plans to construct a new building and install new gas station pumps. The meeting was not open to public comments.
Pulvers Corners Solar Farm
The solar farm project, proposed for 454 Bean River Road in Pulvers Corners, came first, and took the most time. Andrew Gordon, senior project developer for Carson Power, walked the Planning Board through new documents that had been submitted, many at the board’s request, since the last meeting. These included a map of minerals, and a bedrock survey, which revealed that there are two areas on the proposed site plan that have exposed bedrock and will not be suitable for panel installation. “We will need to remove panels in these two areas,” Gordon said.
He also presented a glare study, which he said did not find any glare resulting from the project, in part because views of the solar panels are “extremely limited.” In response to later questioning, Gordon explained that the panels will still have anti-glare coating, but because no residences will have a direct view of the glass, “there will be no glare impact.”
Gordon also submitted a report by Hudson Valley Forestry, which has been contracted by Carson Power, which includes an inventory of trees proposed to be removed from the solar site, along with a removal plan. The report identified 57,000 board feet of lumber, with a market value of $11,400. The relatively small amount is due to the area having already been selectively logged during the last 10 years. Selling the lumber, however, would require a logging permit, which would add costs and time to the process. Instead, Gordon proposed to forgo the logging permit and go with a mixed-use approach that would create firewood, small amounts of lumber, and chips that could be left on the property as erosion control. Seven brush piles would be set around the perimeter of the fence, which would be beneficial for wildlife, including jack rabbits, according to Gordon.
Warren Replansky, the Pine Plains attorney, noted that the plan would benefit the town by finding additional use for the wood beyond chipping. He suggested that Carson Powers propose it formally through legal counsel. Board member Helene Marsh asked about two large hickory trees noted in the report, which are “trees that bats prefer.” (Two endangered bat species, the Indiana bat and the Northern long-ear bat, have been identified in the area; mitigation, which Carson Powers has agreed to, would be to limit tree-cutting to the seasons bats are hibernating.) She asked, “Do these trees really need to come down?” Gordon replied that he would ask the forester where these trees are, and if they are on the perimeter of the area, suggested they might be saved. Gordon indicated that if approved, Hudson Forestry would likely be hired to do the work, which would be monitored for code enforcement by the town. The town may set up an escrow account to pay a consultant for that purpose.
Credit: Bob Barnett
The most significant report was a new “photosimulation” analysis of sight lines to the proposed solar farm. Matthew Allen, of Saratoga Associates, which has also been contracted by Carson Power, joined the meeting via Zoom, explaining the 3D and other technologies that allowed for an assessment of what would be visible from 14 different sites. According to Allen, the solar panels would be visible from only three sites: the fire tower atop Stissing Mountain, the house at 387 Skunks Misery Road, and the Augustine house that is part of Sunnyside Farm. In all three cases, he said, the panels would be only partially visible or visible from a considerable distance.
Allen added the panels would not be visible from 383 Skunks Misery Road or from Winchell Mountain Road. He also suggested that trees could be planted that would, with time, minimize the visual impact at 387 Skunks Misery Road.
The Planning Board expressed satisfaction with the photosimulation and other reports. “This is more helpful than anything I’ve seen so far,” said board member Ethan DiMaria. Board chairman Michael Stabile asked Frank Fish, of BJF Planners, which has been hired by the board to assist in this deliberation, whether there is anything missing in the application. “All the information so far has been very helpful,” said Fish. “I think the record is nearly complete.”
One element that is still pending, Fish noted, is a determination from the U.S. Fish and Wildlife Service about potential impacts on endangered wildlife, including bats. The state Department of Environmental Conservation has already issued a letter of no impact for bog turtles and other concerns. “We’re expecting a similar letter from Fish and Wildlife within a few weeks,” said Gordon. Board chairman Stabile suggested that someone such as Warren Replansky send a letter to Fish and Wildlife asking for an update on their process. “Without that determination of significance, we can’t take any action on this project,” said Stabile. One suggestion was that a letter of no impact from Fish and Wildlife might be set as a condition for a Special Permit, which would allow the Board to schedule an open meeting to determine the status of the application.
The Board then voted unanimously to set up a Special Meeting, open for public comment, on Saturday, June 10th, at 10:30 a.m., in the Community Center above the Pine Plains Library, pending availability. After a public comment, the Board could vote on whether to approve the application or recommend that a state review under SEQRA (State Environmental Quality Review Act), which would delay the project by approximately six to 18 months, is necessary.
CEEN Properties Cannabis Manufacturing
The proposal to approve the siting of a cannabis manufacturing plant, at 2775 Church Street, where cannabis crop would be turned into products for sale in state-approved dispensaries, had its moments of contention.
After some confusion, it became clear that the board did not have a formal application for the change of venue. What it did have was a forwarded email from the New York State Office of Cannabis Management, the state licensing board, stating that the application for a venue change has been approved. It then became clear that that approval only related to one of the companies involved—JRRS Naturals and SKX LLC are joining forces under the name Alchemy Pure to operate the plant. A second email was then forwarded to the board during the meeting, documenting that the other company had also been approved.
Another concern was that the approvals were only in effect until June 1, 2023. It was explained to the board that this is because the state has not yet issued long-delayed regulations for cannabis businesses, but that it is expected the state will automatically extend the approvals.
Town attorney Replansky stated that he has not received requested documents related to the proposal, including an operation plan and a maintenance plan. “All the documents need to be in order, reflecting what is required by law,” he said. “I’ve been asking for this from day one.”
Wesley Chase, who is representing CEEN’s request to the Planning Board for a change of use for the Church Street facility, noted that those materials are in the application approved by the state, and that he no longer had the application. He hadn’t kept a copy once the application was submitted to the state licensing board. “The only way to get that would be to file a FOIA [Freedom of Information Act],” said Chase.
The board then voted unanimously to set a public hearing on the project for the next monthly meeting, on June 21 at 7:30 p.m. in the Town Hall. (Note: Board chair Stabile had a conflict with the regularly scheduled meeting for June 14, so it was scheduled for one week later.)
Stissing Center
Brett Bernardini, executive director of The Stissing Center, introduced Doug Larson, of Larson Architecture Works, to explain the proposed changes to the Stissing Center planned to begin in the fall of 2023. Larson, via Zoom, explained that the Planning Board originally approved the site plan in 2016, but funds were not available to do everything, so a new site plan was submitted and approved in 2018. In October 2022, a plan for new accessible parking and light was approved. Now there is new funding available to complete some plans already approved, and to make changes to the building.
That includes replacement of the roof, which will remain in the same style as the old roof. Other proposed changes include enlarging the current community space on the lower floor so it can become a public performance space instead; slightly enlarging the kitchen; moving the dressing rooms so that “anyone can run down a flight of stairs and get onto the stage;” and installing a back wall on the stage, “so you can get from the right to the left without being seen by the audience.” There are plans to add two more accessible parking spaces, and to convert office spaces on an upper floor to allow more meeting spaces, and to allow spaces for area non-profits to have desks to work at the Center. An art gallery, accessible through the lobby and an elevator, is planned. Equipment currently in a mechanical space in the building would be relocated to the top of the building. Plans were also submitted to remove the signage wall in front of the building, replacing it with a permanent graphics space, close to the ground so it’s more visible to cars passing by. Board questions included whether plans for the signs and banners were consistent with current signage regulations.
The laundromat issue was addressed. Plans call for the current space to become a “green room” for performers and guests. The laundromat would remain open during much of the construction period, noted Bernardini, “and our commitment is to keep it open. We are struggling to find locations, because of septic rules. As soon as we have an inkling we will be back to the board.”
The Board requested a matrix spreadsheet, and a project narrative, documenting what was previously approved and completed, what was approved but not done, and what is new that is being proposed now. The board approved an extension of a temporary side roof for six months, allowing time for final plans to be approved. Steve Patterson and Kate Osofsky recused themselves from voting because of their connections with The Stissing Center.
Larson noted that they would like to begin the work in October and finish it by the following fall. There will be scaffolding on the building for several months. “We want to keep the venue open as long as we can. We’re hoping to get a permit for a fall start.”
Stewart’s Shops
Credit: Bob Barnett
Marcus Andrews, who attended the meeting on behalf of Stewart’s Shops, presented plans for the new building and gas pumps. The Town Zoning Board of Appeals (ZBA) has previously approved Stewart’s appeal for the expansion even though it contravenes local zoning regulations, but the ZBA approval is not yet been formally documented. So Andrews was presenting the building plans to the Planning Board in a preliminary fashion. “We’ll want to see the [ZBA] decision, which has to go to county planning, because they recommended against it,” explained town attorney Replansky.
The presentation added some details. The new store will be 4,000 square feet with four new pumping islands with eight fueling points, which will include “low flow” diesel, appropriate for diesel cars and landscape vehicles and box trucks but not appropriate for large vehicles. Large trucks will be able to navigate to the back of the new building for deliveries, but will not be fueling.
There will be no electric charging stations. Andrews noted that Stewart’s reached out to Tesla and to the New York Power Authority about installing charging stations, but they weren’t interested. Andrews said that it wasn’t profitable for Stewart’s to install them on their own. “It’s a fairly large expense,” said Andrews. He also noted that there are not yet landscaping plans, which will be forthcoming, and that the state health department needs to approve the expanded septic system plans. The sidewalk will be improved or replaced.
Board members requested some changes. The LED lighting was proposed at 5,700 kelvin units, but that was deemed “too white” and was reduced to 3,000. The plan to remove the monument sign and replace it larger structure was removed. “We can do a monument sign,” said Andrews.
Several board members asked questions about the necessity of placing the new building so far from the sidewalk. Andrews showed the limitations of options to put the building closer to the sidewalk, including the need to close the pumps for 12 weeks. One board member noted that closing for 12 weeks “stinks,” but that the alternative is to have a siting for 20 or 30 years that “goes against everything the town wants.”
Chairman Stabile noted that when Stewart’s requested permission to buy additional land last year, they told the board that there we no plans to expand. But that changed within a month or so. “If you had told us, we could have said buy the property to the side rather than the back,” he noted. That would have made building closer to the sidewalk without closing pumps easier. Because it was a preliminary presentation, the board took no action, but agreed to include the proposal in the next meeting, once ZBA approval is secured.
Reminder: the next regular Planning Board meeting is June 21, at 7:30 p.m., in the Town Hall. The Special Meeting for public comments and decisions on the Carson Power solar farm is Saturday, June 10, at 10:30 a.m. in the library, pending confirmation of availability.
Editor’s note: This article was amended on May 16, 2023 to correct a reference to the proposed cannabis manufacturing plant. CEEN Properties owns the Church Street building that is the proposed site, but does not own the manufacturing plant. The proposed plant is owned by Alchemy Pure, the new venture of JRRS Naturals and SKX LLC. Also, Wesley Chase was improperly identified as the owner of JRRS Naturals. He is representing CEEN Properties in its application to the Planning Board for a change of use to the Church Street facility.