SOMERS, N.Y. - Albany’s ambitious renewable energy goals seem to have inspired Somers to be more proactive when it comes to the handling of potential large-scale solar operations within its borders.
Planning consultant David Smith presented the Town Board on Aug. 14 with draft legislation aimed at regulating so-called “solar farms,” which are currently not allowed in the zoning code.
Under the proposed ordinance, Tier 1, aka roof-mounted/building integrated systems, will be reviewed and approved by the building department -- as they are now -- and allowed in all zoning districts. They won’t need to get site plan approval from the Planning Board but will still have to meet certain requirements.
Tier 1’s can also be installed on the roof of an “accessory structure” as long as the array doesn’t exceed a total of 750 square feet.
Solar panels installed at residences and businesses are grandfathered because they were approved under the New York State Research and Development Authority’s Unified Solar Permit Program.
The rules also apply to modifications to existing solar energy systems that increase their size by more than 20 percent.
All systems must be designed and installed in accordance with fire, building, and energy conservation codes, applicable regulations, and industry standards.
(Permitting requirements for Tier 2 systems are “reserved” for now.)
Large-scale, ground-mounted systems, commonly referred to as “solar farms,” are generally classified as Tier 3 by the state.
They are subject to more stringent local zoning, environmental review, and permitting processes, including requirements for screening, setbacks, tree removal, lighting, agricultural considerations, and public input.
The ordinance also specifies that “storage batteries are not permitted.”
That apparently would preclude the so-called battery energy storage systems, aka BESS, that have been so controversial as of late.
Under the proposal, Tier 3’s will need to seek special use permits and site plan approval from the Planning Board after they’ve successfully petitioned the Town Board for the application of a “floating zone.”
“Floating zones” and spot zoning are NOT the same.
The former is a legitimate planning tool where a future zoning use is established but not yet mapped while the latter is the often-illegal practice of changing a single property’s zoning to a use inconsistent with the surrounding area, usually to the owner’s benefit and not the community’s.
The “maximum” coverage size for Tier 3 systems would also be restricted to 12 acres.
The site plan approval stage is where “you start to get into all the details of the actual construction of the system,” Smith noted.
There are also rules for “decommissioning.” Solar energy systems that have been abandoned or have not been producing electricity for at least a year will have to be removed at the owner/operator’s expense.
Helping Schools
Tier 3’s would only be allowed in the town’s R-120 District and their use “must be associated with a school or other institute of higher learning,” according to the draft.
(The minimum lot size within R-120 zones is 120,000 square feet.)
According to Smith, allowing schools to have Tier 3 systems means they can reduce energy costs, benefiting taxpayers down the road.
He said that Putnam Northern Westchester BOCES is currently considering a Tier 3 system. The potential project couldn’t be confirmed by press time.
PNWBOCES’s new Sustainability Committee is tasked with making its Somers campus “greener, healthier, and more energy-efficient for students and staff alike.”
According to a press release, the committee was “championing a range of exciting initiatives,” including “the expansion of solar energy.”
Schools where the ordinance might apply are Primrose Elementary School, Somers High School, Lincoln Hall, and John F. Kennedy Catholic Preparatory School.
According to Chris Platania, SCSD’s assistant superintendent for business and operations, there are currently no plans for any kind of solar energy facility.
Supervisor Robert Scorrano said that schools operate under state rules and tightening up zoning relative to solar facilities is “just making sure Somers has a say.”
He also pointed out that there are “large swaths” of property in the town that are “still undeveloped” and getting out ahead of the curve will strengthen its position when and if solar farms are proposed.
No BESS Mess
Last year, the town made a preemptive strike against allowing BESS by amending its zoning code to better define what “public utilities” are.
That definition did not include BESS or “similar facilities,” a move designed to head large-scale battery farms off at the pass.
It mirrored actions taken by neighboring towns such as Carmel, which had -- with help from very organized residents on both sides of the Westchester-Putnam line – successfully fought off East Point Energy’s 116-megawatt lithium-ion battery farm in Mahopac planned for a 95-acre site that backed up to a residential neighborhood in Somers.
Fires at several BESS sites in New York had sparked concerns about human health, the environment, and property values.
This time around, Somers has large-scale solar farms in its sights.
The proposed solar legislation is based on both the New York State Model Ordinance and a review of what neighboring towns have been doing, Smith said.
Green Goals
New York State aims for an 85 percent reduction in economy-wide greenhouse gas emissions from 1990 levels by 2050 and 100 percent zero-emission electricity by 2040, under the Climate Leadership and Community Protection Act (CLCPA).
Goals include achieving 70 percent renewable electricity through the Clean Energy Standard, developing 6,000 megawatts of energy storage, and installing 10,000 megawatts of distributed solar by 2030.
In one episode of his recently launched “Let’s Talk Facts” series on Facebook, Scorrano gives his take on “what’s happening with Albany’s draft 2025 New York State Energy Plan.”
“On paper, the plan pushes the CLCPA’s goals: more large-scale wind, solar, and battery storage. But it speeds up deadlines without solving basics. No real funding for the grid. No clear safety rules for storage sites. And barely any local input,” he claimed.
Scorrano also drew attention to “S8012, a bill that chips away at something we’ve always valued: home rule. That’s our ability as a town to decide what gets built, how we plan, and how we protect local resources.”
Known as A8332 in the Assembly, it would “impose a state-mandated, standardized discounted cash flow model for assessing solar and wind energy systems,” he wrote in a June letter to Gov. Kathy Hochul.
The approach excludes federal tax credits from revenue and includes decommissioning costs and host community benefits as expenses.
This results, Scorrano wrote, in the “significant” undervaluing of renewable energy projects.
While Somers currently doesn’t host any such projects it’s “no stranger” to “the consequences of state-driven energy infrastructure proposals,” he added.
Referring to the BESS battle, Scorrano said the experience underscores “why towns like Somers must retain the ability to assess and respond to large-scale energy proposals based on the specific needs and character of their communities.”
The bill, yet to be delivered to Hochul, is opposed by the New York Association of Towns.
“This bill (S8012) will restore a reliable and consistent statewide tax assessment model to help foster renewable energy projects that will lead to lower electric costs and cleaner air,” said Tom Staudter, spokesman for state Sen. Pete Harckham, D-40th District, its sponsor.
According to the Republican supervisor, the proposed legislation “doesn’t flat out re-write zoning laws, but it works hand in hand” with the Office of Renewal Energy Siting (ORES).
ORES is responsible for reviewing applications, setting uniform standards, and issuing permits for solar and wind farms and associated transmission lines. Its goal is to ensure a balance between development and environmental protection.
“If they think our local codes get in the way, they can just wave them off as unreasonably burdensome,” argued Scorrano. “That means that if a project shows up that doesn’t work for our fire department, schools, or neighborhoods, we can be told to step aside.”
Holding up an electric bill, he claimed it was proof that Albany’s “policies” were already having a negative impact on consumers.
(The New York Public Service Commission is currently weighing electricity and natural gas delivery rate hike requests from both New York State Electric & Gas and Con Ed. Harckham has called the proposed increases “outrageous.”)
“Rushing mandates without planning for costs, safety, or local realities isn’t leadership; it’s pressure without a plan,” Scorrano opined.
“I support clean energy and smart growth, but it must be practical, responsible, and locally informed,” he said.
Scorrano urged folks to make their "voices heard" by sending written comments on the Draft State Energy Plan to www.ergcommentcat.com/Draft2025EnergyPlanComments. Deadline is Oct. 6.
They can also be emailed to nysenergyplan@nyserda.ny.gov or mailed to:
State Energy Plan Comments/ NYSERDA/ 17 Columbia Circle/ Albany, NY/ 12203-6399.
Next Steps
The Town Board voted to accept the draft legislation and the environmental assessment form, to declare its intent to act as lead agency, and to circulate that notice to the Westchester County Planning Department, and its Planning Board, Energy and Environment Committee, and building department for review.
A public hearing will be scheduled.
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