Board Denies Solar Surety Release

Citing unfinished work after a year-and-a-half long period of time, the Rochester Planning Board on September 26 denied Joseph Sullivan’s request on behalf of ConEdison Solutions for a release of the $100,000 surety bond for the 30-acre solar farm project situated near Little Quittacas reservoir.

Sullivan said the board’s conditions of the project had been met: screening had been planted; a berm constructed; and landscaping was complete, as well as natural brush that was seeded and allowed to flourish.

He added, though, that some dogwood trees that were planted might need replacement, but the company will hold off until the spring to assess the progress of the young trees.

Planning Board Chairman Arnold Johnson tapped his fingers on the table in thought before responding.

“The problem that I have with you folks is the communication has been terrible,” Johnson said, adding that in the past the developer had told the board, “’Oh yeah, we’re here, we’re a phone call away, we’ll get it done.’”

Never happened, stated Johnson.

After dozens of emails, Johnson said, and a number of phone calls … nothing.

“And now all of a sudden you want your money back and you show up,” said Johnson.

Sullivan argued that he has been “very responsive,” yet Johnson maintained that it had been over a year that he has been wondering when the failed stormwater basins would be repaired.

“You’re really lucky we’re in a drought,” said Johnson, reminding Sullivan that the town holds the surety for “stuff like this” to ensure that aspects of the project are completed and maintained. “Those basins have been like that for three years.”

The board concurred that it would not release any funds at this time until the developer completes the basin work.

“Then we can talk about releasing some of the money,” said Johnson.

Planning Board member Michael Murphy commented that the board had heard enough excuses as to why the work was not completed.

“The bottom line is, it’s not done,” said Murphy. “Nothing’s been done … we’ve gotten no communication, [and] that doesn’t sit well with the board.”

The board requested that the work be completed by the Planning Board’s next meeting in October, when it will decide whether to release any of the surety or not.

In other matters, the board accepted an Approval Not Required request for Decas Cranberry Products for two lots at Walnut Plain Road and Ryder Road. One lot was undersized, so a 140-foot by 120-foot portion of one lot was reallocated to the adjacent lot.

Also during the meeting, engineer David Davignon just about wrapped up the presentation for Dale and Laura Briggs’ project to build a 7,500 square-foot metal commercial building at 269 Cranberry Highway.

Chairman Johnson said the board will likely close the public hearing at the next meeting and vote on the project at the subsequent meeting.

This was the last Planning Board meeting for Town Planner Mary Crain, who has resigned as the town planner. The board voted to authorize the chairman to make any decisions and take any actions the town planner might have assumed prior to Crain’s resignation.

The next meeting of the Rochester Planning Board is scheduled for October 11 at 7:00 pm, returning to the regular Tuesday night meeting schedule.

By Jean Perry

 

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