Settlement on setbacks reached between town, developer for Somerset solar project
BARKER — The Town of Somerset and Somerset Solar LLC have reached a settlement on some contested conditions related to the draft permit for the company's proposed 125-megawatt solar array.
Earlier this month, the town board approved an agreement conceding some waivers of the draft permit to AES Clean Energy Development LLC's subsidiary over the issues of setbacks.
While AES has agreed to comply with the town's existing minimum setback of 400 feet from non-participating dwellings, an original condition on their draft permit, they will instead adhere to regulations set by the New York State Office for Renewable Energy Siting for all other setbacks requirements.
According to ORES, those setbacks include setbacks of 100 feet from non-participating residential property lines, 50 feet from non-residential non-participating property lines; and 50 feet from the centerline of public roads.
"That's where we stand right now. We're able to at least have some of our setbacks. If we didn't agree to this, the judges would probably waive everything anyway. That's the unfortunate part of it," town Supervisor Jeff Dewart said during the board's Sept. 11 meeting.
ORES reversed course on granting the company a waiver on minimum property setbacks that they initially had upheld from the town's original solar siting law after receiving an affidavit from AES Development Manager Mario Rice.
In the affidavit, Rice argued that if the company adhered to setbacks in the town's law, the project size would be reduced by 20% and "may not create a sufficient return on investment to proceed with construction" and is instead looking to adhere to ORES guidelines on setbacks.
"The setback issue was unique as ORES did not originally grant the waiver. Therefore, there should've, at a minimum, been a hearing to discuss or to argue whether or not the waiver of the town's setbacks and solar law were appropriate," Carmen Vacco, the town's special attorney on the case, said.
As a part of the settlement, AES plans to invest an additional $500,000 in increased screening, vegetation and other visual buffers, particularly for the portions of the array that would border Lake Road.
Vacco said the two sides ultimately decided to settle prior to a hearing on the issue to give the town "a fighting chance to limit the impact of the facility."
"It's completely tilted in favor of the developer and the state's goals, Vacco said. "Based on that agreement, the town was able to take control of limiting the project to how we see fit, because if you decided not to go through with that ... you have to appear in front of two administrative law judges that live in Albany and are going to probably rule against the town."
