More than a year after Carson Power applied for permission to build a commercial solar project in Pulvers Corners, it has gotten a green light to start construction.
In a special session on Nov. 28, the Pine Plains Planning Board voted unanimously to approve a special use permit and site plan for the 42-acre solar farm to be built on a 172-acre property in Pulvers Corners. The approval opens the way for Carson Power to complete its purchase of the property and begin clear-cutting about 22 acres of forest. When the 24,000 solar panels are installed and operational, they will generate than 18 million kilowatt hours of electricity a year – enough to power 1,500 homes. It is part of a state-wide initiative to obtain 70 percent of the state’s electricity from renewable sources by 2030.
The long-debated Carson Power Pulvers Corner project, first proposed in November, 2022, has engendered extensive regulatory review and substantial opposition led by neighbors whose properties are near the proposed site. The proposal was accelerated in December, 2022, when Pine Plains passed its first solar law, now under an eight-month moratorium, which affects future solar projects. The law, which allows large solar arrays to be sited in rural areas of the town, is now under review.
Throughout 2023, the Carson Power proposal was the subject of dozens of meetings, primarily of the town planning board but also including the town’s zoning board of appeals and the town board. Planning board meetings included public hearings where as many as 30 individuals showed up, primarily to express their opposition on grounds that the proposed project would lower property values and threaten the rural nature of the town.
After extensive reviews, expert reports, consultations with state and federal regulators, and public comments, the planning board ruled that those concerns were not valid or could be mitigated. Along the way, it required Carson Power to make changes in its plans to address dozens of concerns. These included plans to protect wildlife, including endangered species; preserve land not dedicated for solar panels in perpetuity; protect against erosion during construction; arrange for safe decommissioning; and, most importantly given the concerns raised by many of the property owners who oppose the project, ensure that the solar panels remain nearly invisible from roads, farms and homes.
Research reviewed by the board found that the effects of solar projects on property values was inconclusive—sometimes a slight increase, sometimes a slight decrease in values. One important factor is the visibility of solar panels, said attorney for the planning board Warren Replansky. Given the near invisibility of the proposed Carson Power project—which is nearly surrounded by woods and will be protected from sight by additional plantings—the planning board decided that any effect on property values would be virtually non-existent, coming to the “unmistakable conclusion that there is no visible impact and as a result, no effect on surrounding properties,” he explained.
In the meeting, which lasted about one hour and forty minutes, Replansky went over the extensive legal agreement he had drawn up, which includes a history of the planning board’s process. One significant event occurred on June 9, 2023, when the planning board, after months of deliberation, determined that the project would not have a significant environmental impact. On Aug. 9, the board made a negative State Environmental Quality Review Act (SEQRA) determination, which was formalized on Aug. 23. It means that the proposal did not need to go through an extensive state-managed environmental review, which can take months or more than a year.
On Aug. 28, Replansky noted, the Pine Plains Zoning Board of Appeals (ZBA) ruled in favor of a waiver so that the proposed fence around the solar panels could be seven feet, as is the national standard for solar installations, rather than the town’s upper limit of six feet. Another action occurred on Sept. 13, when Scenic Hudson, the nonprofit conservation organization, announced its intention to enter into a conservation easement with Carson Power to protect the property in perpetuity, including 70 forested acres. The easement will allow Scenic Hudson to arrange for a five-acre farm on the land in the future, pending town permits.
At a special meeting on Sept. 27, the planning board considered a special use permit and site plan application. Carson Power agreed to 19 stipulations such as weekly erosion inspection during construction, no use of herbicides, and planting native pollinator-friendly ground cover plants, including milkweed, a preferred food for Monarch butterflies. The Town of Pine Plains will retain the right to permit a beekeeper to set up shop on the property as well. When the project begins, a monitor such as the town engineer or the building inspector, will do weekly site visits to ensure that all provisions are adhered to. Construction will be limited to 8 a.m. to 6 p.m. on weekdays and Saturdays, with “noisy” construction such as tree cutting and chipping only on weekdays.
On Oct. 11, at a public meeting, four property owners spoke out against approval. On Oct. 27, at a special meeting, the planning board reviewed everything and voted to assign Replansky the task of drawing up a comprehensive legal resolution approving the project.
The Nov. 28 meeting was briefly interrupted by a short ZBA meeting that reviewed a proposed waiver of a requirement to limit the size of structures near one’s front lawn. The propert, just across the street from Town Hall, is bound by route 199 on one side and Hammertown Road on two others—in effect, it has three front yards, which limits it to a 150 square foot structure. The owners want to put up a 10 x 20-foot structure (200 sq. ft.). The ZBA asked the owners to show where they plan to put the shed on a map and to provide a photo of the shed they plan to buy. The ZBA will inspect the property on the afternoon of December 19, and a public meeting to discuss the proposed waiver will occur that evening.
Once the planning board reconvened, Replansky quickly finished his presentation. A resolution to grant Carson Power final site plan approval was introduced and seconded. Roll was called. All seven members voted to approve the plan. Chairman Michael Stabile expressed appreciation for the planning board’s work, “Thank you for all the hard work over the last year, reading everything, considering everything. Thank you for all the work you’ve done on this and your conscientious consideration of this proposal,” he said before adjourning the meeting.
A YouTube video of the meeting is available here. The next Pine Plains Planning Board meeting is at 7:30 pm on December 13.