Solar Moratorium exemption and next step for proposed housing laws put on hold -

Two public hearings were first up on the agenda for the January 16 Town Board meeting. 

The first public hearing concerned the Town’s application for a solar array permit, which would allow a roof mounted installation of a solar energy system at the Town garage. The public hearing was necessitated because the Board must consider approval of any solar project larger than what is allowed under a current solar moratorium, pending approval of a solar law. 

Public comment included support for the solar array at the Town Garage and resulting savings for the Town.  However, there were several objections to the Town Board exempting themselves through an “immunity” finding from the moratorium that citizens need to conform to, and comments that this could set a bad precedent. Two speakers said the Town Board could simply finalize a solar law and end the moratorium, and be done with the need for such exemptions. Supervisor Collins clarified that the Town Board had agreed to use an immunity argument rather than a hardship argument in moving their application forward during the moratorium. Another speaker queried on progress toward a finalized Solar Law. Solar Committee Chair Eaton later announced that there will be a public meeting to update the community on the status of that proposed law on February 8 at the North Chatham Fire Company.

The second public hearing was in regard to a proposed amendment to an existing local law that would extend a property tax exemption to Chatham residents who serve as volunteer firefighters and ambulance drivers in surrounding communities (i.e., towns whose boundaries are contiguous to the Town of Chatham).  The town already allows this exemption for residents who provide emergency services in the Town of Chatham.

Public comment on this matter included a question as to how any deficit from such a tax exemption might be made up, and whether it might burden other taxpayers with additional costs or cause budget cuts.  Supervisor Collins said the town takes advantage of many additional funding streams, including grants, to supplement the town’s income; and Board Member Werwaiss said the tax implications would not be large.  Other comments indicated the value of supporting these volunteers in our Town, as they provide valuable services and are a necessary resource to our residents.

After the board completed two State Environmental Quality Reviews that determined that neither of the actions under consideration would have substantial potential negative impacts to the environment, the Board went on to other business, which included further discussion on the two issues.

Under Old Business, Supervisor Collins announced that the Planning Board comments regarding the proposed laws regarding Accessory Dwelling Units and Single Lot Exemptions will necessitate further review, with an expected discussion at the next workshop meeting. Regarding the resolution for immunity for the town on the Solar Moratorium, Collins said he wants to wait for a decision on this until the Town Attorney can be present at a future meeting to discuss this route to approving an exemption for the Town under the solar moratorium. He recommended tabling all three resolutions.

On a query from Board member Werwaiss, Collins said the town has not yet received any response from the owner of a local mobile home park who was previously cited for violations. Collins said he and the Town Building Inspector will be meeting with the owner; and the state of the park has been brought to the attention of the County Department of Social Services.  He said the town board may need to take enforcement action on the matter.

Regarding a separate query for an update from Board member Wapner, Collins said the outstanding concern about deterioration of the Spangler Bridge Road has been discussed with two landowners, and there is a plan to obtain some engineering data to determine the best route to preserve safe access to the residents’ properties. 

Collins introduced a recent hardship application for a small solar system that was approved in error by the Building Department. It is just over the limit imposed by the solar moratorium.  Collins and the Board agreed to a motion to schedule a hardship hearing to speed a decision on this matter on February 6 at the Workshop meeting.

Committee reports of note included:

  • Announcement by Cellular and Broadband Committee Chair Hallenbeck that the committee will meet on January 23 at 6:30; the public is invited to attend to hear and comment on goals for 2025, including a shift to from establishing new connections to improving existing cellular and internet service in the town. Anecdotal information from board members noted reception and access is variable in the Village of Chatham.

  • An update from the joint Housing and Zoning Update Committee. ZUC Chair Eaton said that the Town Planning Board recently spent time offering feedback to the committee on proposed ADU and SLE laws, such that said the laws are “not ready” to go to the next step necessary for passage. Eaton said the committee will need to take time to process and address all of the Planning Board comments. The Town Board expects to have a more extensive conversation on these recommendations at the February 6 Town Board Workshop meeting. The joint committee will meet next on Wednesday, January 29 at 6:30 pm.

  • Communication Committee Chair Wapner announced that the committee has finalized a standard announcement regarding public comment for use at Town Board meetings designed to minimize inappropriate comments; and said the committee is considering if and how they can send out a regular newsletter, given staffing resources available to the committee at present.

  • Climate Smart / Action Task Force Committee Chair Eaton said local resident John Breault has volunteered to work with a local electrical engineering student  to develop a better understanding of residents’ opinions on various proposed changes to the lighting districts in the Kinderhook Lake and North Chatham hamlets. Eaton said Supervisor Collins has arranged for a demonstration “hood” for a street light at a residence in East Chatham. Eaton said some residents have complained about the brightness of the street lights, and this demonstration could answer concerns about how this modification affects lighting.

  • Parks & Recreation Committee Chair Wapner said the committee will be scheduling a focus group for families with young children to gather information on their needs and preferences for infrastructure and programs at Crellin Park. The Committee is continuing work on the Park Plan that will guide future planning and funding of the Park and Town recreation activities; and will begin planning for the 2025 Crellin Park Day.

  • Grants Committee Chair Collins said the proposed collaboration with the Village of Chatham to apply for a local government efficiency grant will not be possible, based on further conversations with Village personnel.

  • Traffic Safety Working Group Chair Collins said the data collection mechanisms located in Old Chatham need software adjustments so that data can be collected on both incoming and outgoing traffic. He said he has a meeting scheduled with the NYS Department of Transportation to get updates on various proposals that the town has made for better traffic and pedestrian safety. Board and audience comments noted there are visible traffic controls and ticketing in the hamlets of North Chatham and East Chatham.

  • Solar Law Committee Chair Eaton said a public informational meeting on the Solar Law development is scheduled for February 8 from 2 to 4:30 at the North Chatham Fire House.  Planner Michael Allen will present an overview of work to date on the law and identify key decision points the committee is considering. Eaton said the committee has been collegial, but has continued to have differences of opinion on how best to regulate solar development in the town. The committee is looking for feedback on the committee’s work prior to finalizing the law.

  • Supervisor Collins reported for the Community Preservation Fund Advisory Board Chair Mary Ann Beibel. The board will meet again on January 20 at 7 pm. Collins said the first one year term on the Board will expire soon. The Town Board will vote on a resolution tonight to reappoint Matt Greitzer who served for a one year term on the CPFAB.

In addition to standard resolutions regarding Board minutes and routine financial transactions, the Board resolved the following:

  • To re-appoint Matthew Greitzer to the Community Preservation Fund Advisory Board. His new term will run five years (February 1, 2025 through January 31, 2030).

  • To authorize the Supervisor to sign an agreement with the Columbia Greene Humane Society for 2025.

  • To adopt the local law amendment granting a property tax exemption to Chatham residents who serve as volunteer firefighters and ambulance drivers in surrounding communities whose boundaries are contiguous to the Town of Chatham. 

Near the end of the meeting, Supervisor Collins noted that there have been several applicants for the parttime Code Enforcement Officer II (Building Inspector) position.

He moved and the Board voted to have Supervisor Collins and Building CEO Kent Pratt meet with the applicants in order to make a recommendation to the Town Board on hiring in the near future.

Stay tuned for continuing developments at the next Town Board meeting on February 6 at 6:30 pm.  More granular discussion of the Planning Board’s feedback on the ADU and SLE laws is likely to be the focus of the joint Housing and Zoning Update Committee meeting on January 29 at 6:30 pm.  Both meetings are in person and online with access available on the Town Calendar by clicking on the meeting of interest.

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Undersheriff Jackie Salvatore