Sheridan Town Board approves Kingbird solar project
Just over a month later, the wait is over.
The Sheridan Town Board approved the application and final site plan of Kingbird Solar NY, LLC, formerly known as SunEast Kingbird Solar, LLC, granting permission to construct a 20-megawatt solar energy system, which spans from Newell Road to Cook Road, in the Town of Sheridan. The energy system will be located north of the thruway exit and south of the airport. The Town Board also issued a negative declaration under the State Environmental Quality Review Act.
“We are committed to working closely with the Town of Sheridan and its community,” McCarthy said.
In early June, Development Manager Kristin McCarthy described the project to an audience of approximately 20 residents of the Town, in addition to the Town Board. McCarthy fielded questions from the Board and the public throughout a public hearing that lasted exactly one hour in the renovated Sheridan Community Center. Visual simulations were shown to depict how the project will appear from different viewpoints in the area once completed.
One of the few objections to the project at the public hearing was regarding the access road during construction. Homeowners near a proposed access road were concerned with the heavy construction traffic near their homes. To alleviate that concern, Kingbird Solar designated Cook Road as the primary access road during construction.
Town Board member Richard Feinen abstained from the vote due to a conflict of interest, but the remaining members of the Board all voted in favor of the project.
ABOUT THE PROJECT
The project will utilize eight parcels of land totaling 218.8 acres to be leased under the same company, Kingbird Solar NY, LLC. The project was designed by TRC engineering firm.
The project will utilize panels with anti-reflective coating, which track the sun throughout the day. Because of landscaping for visual screening, the panels will be obstructed from view throughout a good portion of each day.
Kingbird Solar claims the project will require minimal tree clearing and minimal impact to wetlands in the area. Stormwater will be treated onsite. The project was designed across multiple parcels of land to avoid wetlands and tree clearing as much as possible while still meeting the 20-megawatt capacity of the project. A 7-foot fence would be installed around the perimeter of the project.
While addressing the required Environmental Assessment Form, Kingbird Solar consulted with the New York State Department of Environmental Conservation and the U.S. Fish and Wildlife Service related to species native to the project area, with no objections to the project. The U.S. Army Corps of Engineers and the New York State Historic Preservation Office also offered no objections to the project.
Code Enforcement Officer James Crowell stated the Federal Aviation Administration deemed the project as no hazard to air navigation and the Department of Agriculture and Markets also shared no concerns with the project. Crowell stated the Chautauqua County Department of Planning and Development deemed the project “a matter of local concern.” The Sheridan Town Planning and Zoning Board cited “a number of concerns” but after a year of discussion, the issues were resolved.
The project adheres to most aspects of the Town laws and regulations, such as setback requirements of 250 feet from public right of ways, 150-foot side yard setbacks from non-participating parcels of land with structures, 50-foot side yard setbacks from vacant non-participating parcels, and 150-foot rear yard setbacks. The project also complies with the Town’s regulation stating the project must not cover more than 50% of the land in use. The project will utilize 100.64 acres (46%) of the 218.8 acres leased from the participating landowners.
The project required a variance because it is located on several parcels of land, rather than on one parcel as stated in the Town’s solar laws. The Town reserves the right to grant a variance if “good cause” is shown, and Kingbird Solar stressed to the Town Board that the project is located on so many parcels to minimize visual and environmental impacts, while also allowing multiple landowners the ability to benefit from the project. Kingbird Solar will be leasing the land on agreements that span the entire life of the project, as the sole owner of the permit, and will be solely responsible for compliance and payments to the Town.
The project will be decommissioned and the land will be returned to its previous state after the project’s useful life concludes, at a maximum term of 40 years. Kingbird Solar is solely responsible for the decommissioning of the project. If it cannot perform its responsibility, the Town will be granted funds from an escrow account, bond, or letter of credit to ensure the project is decommissioned at no added cost to the Town. Funds will be set aside at 125% of the estimated decommissioning cost, including a 15% contingency fund. The plan will be updated every four years to reflect accurate pricing.
In addition to the tax payments the Town will receive from the land being leased for the project, Kingbird Solar will also enter into a Host Community Agreement with the Town of Sheridan. The agreement would ensure an annual payment to the Town, proposed at $2,000 per megawatt annually, at a rate of $40,000 each year in added revenue to the Town. In addition to the temporary jobs created during construction, the project will also create one full-time position to monitor and maintain the property throughout operation, with remote monitoring offsite, as well.
The project will not have battery storage onsite, and its design complies with the New York State Chapter 5 Fire Safety Code. An emergency response plan will also be provided to local first responders and training will be offered.