Red Hook WatchIndependent Community Resource

Resolution Determining Application of Town and Village Zoning Laws to Cookingham West Community Solar Project

Meetings/Resolutions/121-2024
One-time (complete)formal_resolutionone_timeThe Town Board finds that the 0.7491 MW solar project is immune from Town and Village zoning law application, except that the project shall remain subject to specified building code and maintenance requirements in Town Zoning Law Sections 143-37(D)(e)-(i), 143-37(E)(1)(d)-(g), 143-37(F)(1)-(2), and 143-37(G), and shall require issuance of a building permit.
First seen
2024-12-10
Latest event
2024-12-10
adopted
Expires

Resolution text

RESOLVED

  1. Based on the foregoing, the Town Board finds that the construction of the proposed solar project is immune from the application of the Town's Zoning Law and the Village's Zoning Law, provided that the project shall be subject to Sections § 143-37(D)(e) through (i), 143-37 (E)(1)(d), (e), (f) and (g), 143-37(F)(1) and (2), and 143-37 (G) of the Town's Zoning Law, including the requirement for issuance of a building permit, in order to ensure the protection of the public health, safety and welfare
Show preamble — 6 WHEREAS clauses
  • WHEREAS, the Town Board of the Town of Red Hook is considering the installation of a 0.7491 MW community solar array (the "Project") on an approximately 4 acre portion of the 11.16 acre parcel 134889-6273-00-530088-0000 and 134801-6272-07-550997-0000, located adjacent to the Cookingham Farm property west of Route 9
  • WHEREAS, the Town of Red Hook was notified of the award by the New York State Energy Research and Development Authority of an additional grant in the amount of $175,000 to fund a portion of the Project
  • WHEREAS, the Town Board has held a public hearing on December 10, 2024 at which information regarding the Project was presented and members of the public were provided an opportunity to comment
  • WHEREAS, pursuant to the State Environmental Quality Review Act, the Town Board has classified the Project as an unlisted action, has declared itself lead agency, to which no other agency has objected, and has reviewed the Full Environmental Assessment Form dated November 12, 2024
  • WHEREAS, on December 10, 2024, the Town Board adopted a Negative Declaration for the Project pursuant to the State Environmental Quality Review Act, determining that the Project does not have the potential to have significant adverse environmental impacts and that a Draft Environmental Impact Statement will not be prepared
  • WHEREAS, the Town Board has undertaken a review of the Project in order to determine whether and to what extent the Town of Red Hook's and Village of Red Hook's zoning laws apply to the proposed Project, taking into account the nine factors set forth in Matter of County of Monroe v. City of Rochester

Lifecycle (1 event)

2024-12-10adoptedvote: unanimous
Determine application of Town and Village zoning laws to the Cookingham West Community Solar Project
moved by McKeon · seconded by Kane
Show text snapshot for this event
Resolved
  1. Based on the foregoing, the Town Board finds that the construction of the proposed solar project is immune from the application of the Town's Zoning Law and the Village's Zoning Law, provided that the project shall be subject to Sections § 143-37(D)(e) through (i), 143-37 (E)(1)(d), (e), (f) and (g), 143-37(F)(1) and (2), and 143-37 (G) of the Town's Zoning Law, including the requirement for issuance of a building permit, in order to ensure the protection of the public health, safety and welfare
Whereas
  • WHEREAS, the Town Board of the Town of Red Hook is considering the installation of a 0.7491 MW community solar array (the "Project") on an approximately 4 acre portion of the 11.16 acre parcel 134889-6273-00-530088-0000 and 134801-6272-07-550997-0000, located adjacent to the Cookingham Farm property west of Route 9
  • WHEREAS, the Town of Red Hook was notified of the award by the New York State Energy Research and Development Authority of an additional grant in the amount of $175,000 to fund a portion of the Project
  • WHEREAS, the Town Board has held a public hearing on December 10, 2024 at which information regarding the Project was presented and members of the public were provided an opportunity to comment
  • WHEREAS, pursuant to the State Environmental Quality Review Act, the Town Board has classified the Project as an unlisted action, has declared itself lead agency, to which no other agency has objected, and has reviewed the Full Environmental Assessment Form dated November 12, 2024
  • WHEREAS, on December 10, 2024, the Town Board adopted a Negative Declaration for the Project pursuant to the State Environmental Quality Review Act, determining that the Project does not have the potential to have significant adverse environmental impacts and that a Draft Environmental Impact Statement will not be prepared
  • WHEREAS, the Town Board has undertaken a review of the Project in order to determine whether and to what extent the Town of Red Hook's and Village of Red Hook's zoning laws apply to the proposed Project, taking into account the nine factors set forth in Matter of County of Monroe v. City of Rochester
Subject key: cookingham_solar_project