Credit: Carolyn Burn/Purdue University
In the end, it was the bats.
In Carson Power’s plan to install a commercial solar project in Pulvers Corners, the presence of two endangered bat species was regarded as an easily manageable environmental issue.
The project includes a provision to clearcut nearly 30 acres on the proposed 172-acre site but stipulates that the cutting must occur within the bats’ hibernation period, between the beginning of November and the end of March. With the endangered species —the Northern Long-Eared and Indiana bats — dotting the sky and roosting in the hickory and black locust trees, it is evident that the window for tree removal has come and gone.
“Unfortunately, we were not able to mobilize for clearcutting work before March 31,” said Andrew Gordon, director of development at Carson Power, the solar power and storage company that first applied for a permit for the project in November 2022. “We were about 99% of the way there in complying with the [Pine Plains] Planning Board’s pre-construction conditions.”
But the bats — unaware of Carson Power and their plans — couldn’t wait.
Carson Power now expects to begin general site work in October, Gordon said, and cut trees in November. If the 24,000 solar panels are installed and operational, they will generate more than 10 million kilowatt hours of electricity a year — enough to power about 1,500 homes. It is part of a statewide initiative to obtain 70% of the state’s electricity from renewable sources by 2030.
The project however, faces another potential obstacle.
On Dec. 27, 2023, Preserve Pine Plains, an unincorporated association of landowners and neighbors near the proposed solar site, filed a lawsuit against the company and the Town of Pine Plains with the New York State Supreme Court, attempting to stop the project. After several delays and judge recusals, the case has been accepted by a judge in Putnam county, Anthony R. Mole, with a hearing scheduled for May 3.
“It is impossible to believe or to conclude that cutting 29 acres of mature forest and the installation of 24,000 photovoltaic panels on 42 acres of farmland in the rural hamlet of Pulvers Corners will have no significant environmental impact,” said Kathleen Augustine, a Pine Plains homeowner who is a member of the group supporting the lawsuit.
“A very significant group of town residents, both in their numbers and credentials, have worked with two different attorneys, conservation groups, visual impact experts and town planners at great personal expense of both time and money to try and persuade the Town Board and the Town Planning Board in particular to do a more thorough review of the project,” Augustine told the Herald. “We were largely ignored and our findings were dismissed. That is why we felt that legal action against both Carson Power and the Pine Plains Planning Board was essential to try and protect the place that we all live in and love and respect.”
Attorney Mindy Zoghlin, who represents Preserve Pine Plains in the suit, said that she is “optimistic that during this pause we’ll get a good decision.”
The lawsuit, an Article 78 proceeding, allows the court to review administrative actions to determine whether they were properly conducted. According to Michael Stabile, chair of the Pine Plains Planning Board, they were.
“We worked on this for over a year, including eight months for the SEQR [State Environmental Quality Review],” said Stabile. “It was a very extensive process, as prescribed by the state. We are confident that we went through the process as prescribed and did our due diligence.” He added that the Planning Board members attended education sessions every year to ensure that they fully understand relevant state laws and regulations.
Gordon agreed. “We think the record is incredibly robust and clear and defends the Planning Board’s decision,” he said. “We expect this case to be thrown out.”
In the meantime, according to Gordon, Carson Power will work on finalizing its engineering drawings so it can request a building permit. “We’ll make sure we’re ready for full mobilization pretty close to Nov. 1.”
By then the bats in the area should be safely ensconced in their caves, ready for a long winter’s nap.
Regarding the Solar: let’s be clear, so everyone that lives in the town understands how this works. All consultants that were hired to review and give input were paid for by Carson Power (this is standard procedure but that doesn’t make it right). Any other consultants that were brought in by the residents were disregarded. Carson Power has never “completed” a project of this size with the installers NexAmp, Pine Plains will be their first, if it happens. The PILOT is a fraction of what the actual taxes on that land with a 10MW solar development should be and the Host Community Agreement , which is supposed to offset any inconvenience or disturbances this will cause is insignificant. This 10MW field will NOT supply 1500 homes in Pine Pines, what the residents get, if they sign up, is approximately 10 % off their electric bill, if that much. The kicker or paradox here is that in order to save the planet they are destroying 29 acres of mature forest. What is one of the many benefits of trees ? Well they take up Carbon Dioxide. So after 15 years the project is decommissioned, assume the company that installed it is still in existence, they remove the panels and you have to wait another 75 years for a forest. So please before anyone jumps on the “green is great wagon”- look at the nuisances as the devil is always in the details.
And to say that a 24,000 solar panel development is aligned with the community character of Pine Plains is just ridiculous – that’s like saying Costco is aligned (but at least Costco would bring jobs to Pine Plains). This development (not a farm) doesn’t bring one job- but does make Carson power and NexAmp a ton of money. Also for the individuals that live closest to the development, and for the town— home prices will be affected. Have you ever met anyone who said – I am looking for a house and I want it to be next to a 10 MW solar field so I can gaze over it during the sunset?
I am not against solar, have it on our roof. However, killing the environment and habitat,
destroying the community character, decreasing the value of people homes, all in the name of green energy, that the town will only get a fraction— something is not right.