Batavia Solar LLC

After waiting nearly three months for visual screening projections from representatives of a proposed 1.65-megawatt solar system on land owned by the Genesee Gateway Local Development Corp., the Batavia Town Planning Board got its wish Tuesday night and then took only 12 minutes to approve the site plan and special use permit for the project.

James Taravella, senior civil engineer with LaBella Associates in Orchard Park, had the visualizations in hand as he appeared before the board at its monthly meeting at the Batavia Town Hall on West Main Street Road.

The venture, known as Batavia Solar LLC, calls for the placement of the ground-mounted solar farm at 99 Med Tech Drive, off R. Stephen Hawley Drive across from Genesee Community College.

Taravella showed photos from three different vantage points – east of the property of Robert and Michelle Wood, who reside just east of the site; the corner of R. Stephen Hawley Drive, and the Med Tech Building parking lot. The photos depicted the location as it looks now, the expected condition at the time of planting, and projections five years from now and 10 years from now.

He also said he talked with the Woods earlier in the day and said the couple will be involved in the screening process throughout the project life.

“As we’re out there, they’re more than welcome to say, ‘Hey, can you move that over?’, and they can have direct input on their actual final placement because it’s right by their house,” Taravella said. “One of the things Michelle made really clear was that she would rather have this than have Benderson come in and build a plaza behind her house.”

Planning board member Steve Tanner said he appreciated the simulations but the solar panels, being on a perched hill, will be visible.

“No matter what you do, when you drive down the road, it’s still going to be there and you’re still going to see it,” he said, comparing it to the solar farm on Batavia-Elba Townline Road that is in plain sight.

Following Taravella’s brief presentation, planners accepted the site plan contingent upon town engineering approval and a decommissioning bond, and the special use permit that includes regular maintenance and the installation of no more than three utility poles.

Board approval had been delayed – and tabled -- three times due to the fact that the visual screening projections had not been submitted.

Photo: View from Med Tech Building parking lot, looking east. The Robert and Michelle Wood residence on Batavia Stafford Townline Road can be seen in the background. Photo by Mike Pettinella.

The third time apparently wasn’t the charm for the Batavia Town Board in its quest to receive visual screening projections from Batavia Solar LLC for a ground-mounted, 1.65-megawatt solar systems on vacant land owned by the Genesee Gateway Local Development Corp. at 99 Med Tech Drive.

The issue has delayed the project, which will be located off R. Stephen Hawley Drive across from Genesee Community College, for several months as planners have requested – thus far unsuccessfully – for the developer to provide projection pictures of the screening around the solar panels.

Planners, at their Tuesday night meeting, took the referral off the table, thinking they would be ruling on a special use permit. But after a discussion about the visuals, they voted to place it back on the table.

The planning board maintains that one-, five- and 10-year simulations of how the property will look with adequate screenings are necessary to ensure the system is out of sight from the neighboring property of Robert and Michelle Wood.

Planning Board Chair Kathleen Jasinski informed the board Tuesday that officials of the Genesee County Economic Development Center contacted her and indicated that the Woods “were agreeable to the (proposed) screening and they wondered if we could deal with this without doing the projection pictures.”

Planner Don Partridge said that he also talked to the couple.

“I feel we can get along without it (projection photos),” Partridge said. “(If)) they do a double row of pine trees there, I think that will be sufficient.”

His colleagues had different ideas, however.

Steven Tanner said he wanted to see how it would look, not only from Hawley Drive, but from other roads in the vicinity, and Jon Long agreed.

“We’ve requested it a couple times so I don’t think it’s that big of a cost to the project,” Long said. “And then we have it on file if there are any problems down the road.”

Paul McCullough said it would set “a dangerous precedent” by not obtaining the documentation, prompting Jeremy Liles to agree, before Town Building Inspector Dan Lang said he didn’t think it would be “appropriate to make exceptions.”

“I would remain consistent with everything we’ve done with every other solar. I suggest that we do require them to show us the actual detail,” Lang said.

As a result, a consensus to get the visualizations was reached, and all members, except Partridge, voted to put the referral back on the table once again.

Rising Water Levels at Ag Park

In another development, planners voted to adopt an amended version of the generic environmental impact statement for the Genesee Valley Agri-Business Park on East Main Street Road in light of an increase in the daily amount of water being used at the facility.

Town Engineer Steve Mountain reported that the current water usage at the park, which is the home of HP Hood, has moved past the original 614,000 gallons per day threshold and that future projections put the usage at 1.8 million gallons per day.

“This is the first project that exceeded the original threshold in the generic environmental impact statement … by a significant amount,” Mountain said.

The project to which he was referring to is HP Hood’s installation of a 16-inch water main from the town line on Route 5 down to the Ag Park Drive entrance that will cross the road and tie into the park.

“That will be a direct connection to the Monroe County Water Authority water source,” Mountain said. “To date, all of the water has come directly out of the city on East Main and Cedar Street.”

Mountain said the reason for the change is “water chemistry.”

“The water authority water is very low in chlorides (low levels of chlorides prevent corrosion) and you can imagine how many pipes there are in the HP Hood facility. That will alleviate a lot of the corrosion issues that they’re having,” he explained.

While that will provide additional volume for the future, HP Hood also is building a new storage tank, which it will own. Mountain said the 16-inch water main will be dedicated to the Town of Batavia.

Mountain said the 1.8 million gallons per day level is the new threshold that is under consideration, adding that letters were sent out to involved agencies and businesses. He also noted that O-At-Ka Milk Products wishes to be included in the mix for more water.

He then advised planners it was up to them to determine whether they think it is a significant impact or a negative or minor impact (negative declaration). The board then voted to adopt a revision of the original finding statements for the Agri-Business Park as it pertains to the expanded water threshold.

The Batavia Town Planning Board -- not satisfied with the answers they received regarding screening from a neighboring couple’s home – on Tuesday night tabled for a second time a proposal to install a ground-mounted solar system off R. Stephen Hawley Drive, across from Genesee Community College.

Batavia Solar LLC is looking to acquire a special use permit to construct the 1.65-megawatt system on vacant land at 99 Med Tech Drive, owned by the Genesee Gateway Local Development Corp., which has an office in the nearby Med Tech building.

Town planners requested Kaelyn Roche and Jim Taravella, project representatives, to provide one-, five- and 10-year simulations of how the property will look with adequate screenings, such as trees and berms, to obscure the solar panels from the sight of Robert and Michelle Wood, who live at 8244 Batavia Stafford Townline Road.

This is what the board had asked for during an April 20 site plan review and special use permit request consideration, when it tabled the proposal until this week’s meeting. Apparently, the information provided on Tuesday is still insufficient.

Roche, project development manager with YSG Solar in New York City, said that she spoke to Michelle Wood and reported that “we basically came to an agreement that we would work with her down the road and determine what works best for her.”

Taravella, an engineer with LaBella Associates, said that the plan is to plant 15 white spruce trees behind the Wood property, noting that the couple’s garage would also serve as a shield from the solar panels.

“As we near construction we can work with them if they want something other than white spruce,” he said.

During the ensuing discussion, planner Paul Marchese asked if the Woods were given the option to have berms placed on the site.

“I told them they could do whatever they wanted,” Roche replied.

Previously, during a Feb. 2 public hearing, Michelle Wood specifically requested berms:

“We really would like a berm put along the back of it – it protects us and our house. We’re OK and in favor of a solar farm there. We would prefer a solar farm versus a cement industrial building there, so we don’t have a real problem with it. We would just like for them to come to us with what their ideas are and what they’re planning to do.”

After Taravella pointed out that additional screening would be placed along the road to obscure it from traffic and that he would work to keep utility poles to a minimum (a planning board priority), Planning Board Chair Kathy Jasinski asked if it could be passed contingent upon Town Engineer Steve Mountain’s final review and approval.

Mountain and planner Jonathan Long brought up the need for visualizations – what the site would look like down the road, warning that it would be best to make sure everyone is on the same page before getting started.

All six planners at the meeting agreed, prompting Donald Partridge to recommend tabling the referral once again.

“I would like to see this tabled; I’m not ready to vote on it. I’d like to be able to talk to the Woods myself,” he said.

At that point, the board voted unanimously to table it and put it on the next agenda (May 18) as long as Taravella has enough time to provide the computer renderings requested.

The proposal calls for the installation of about 4,500 modules on the 7.95-acre parcel, of which 5.63 acres will be fenced in. Other aspects of the project include an access road with a 13- by 20-foot equipment pad and a 6 foot high chain-link fence around the entire layout. 

In other action, the board approved a special use permit for a drive-thru for the Chipotle restaurant to be put into the existing commercial building at 4222 Veterans Memorial Drive – in space formerly occupied by Metro Mattress.

Mountain said the drive-thru on the northwest side of the building would allow room for the stacking of five cars.

Matt Mahaney, town zoning ordinance compliance officer, said all building and zoning requirements have been met.