THE NEW EVERYTHING CROTON: 04/10/23

Monday, April 10, 2023

SAN FRAN WHOLE FOODS CLOSES A YEAR AFTER OPENING DUE TO CRIME ETC.

The contined decline of our belowed town---read more at San Francisco Whole Foods closes a year after opening due to crime: report (nypost.com)

FOR THE PUBLIC RECORD/PUBLIC HEARING/SOLAR LAW AMENDMENTS. PAULA CHABROWE

Welcome to The New Everything Croton, a collection of all things Croton--our history, our homes, our issues, our businessApril 6, 2023

FOR THE PUBLIC RECORD/PUBLIC HEARING/SOLAR LAW AMENDMENTS. PAULA CHABROWE

To: Planning Board (PB) Members: Geoff Haynes, John Ghegan, Steve Krisky,

Eva Thaddeus, Chair: Robert Luntz. Courtesy: Karen Stapleton

To: Board of Trustees (BoT): Mayor Pugh, Ann Gallelli, Sherry Horowitz, Len Simon, Nora Nicholson

Re: Village Code Section 230-48.1 the prohibition of construction of Tier 3 solar on steep slopes.

Dear Members of the Planning Board and Board of Trustees,

Protecting our natural environment and promoting sustainable renewable energy are not incompatible. Both are essential if Croton is to thrive.

We have steep slope laws for a reason. We must enhance those laws so that steep slopes remain inviolable. That means that Tier 1 canopy-mounted systems, and Tier 2 ground-mounted systems, as well as Tier 3 solar systems must be prohibited on steep slopes.

The Town of Cortland (TOC) has already done due diligence in adopting laws “To mitigate the impacts of solar energy systems on neighborhood communities and environmental resources ...” They have prohibited Tier 3 systems in residentially zoned areas. They have prioritized areas like brownfields and industrial and commercial properties that don’t abut residential properties for Tier 3 systems.

Croton would do well to follow TOC’s lead. To that end I strongly urge you to familiarize yourselves TOC amendments to Section 255, regarding solar systems, a few of which I’ve highlighted below. If we’re committed to preserving our natural environment and our quality of life, then Croton must adopt similarly stringent laws.

Below, again, are definitions of the various solar systems:

Tier 1 includes: Roof-mounted solar energy systems; Building-integrated solar energy systems; Canopy-mounted solar energy systems.

Tier 2 includes: ground-mounted solar energy systems with system capacity up to 25 kW AC and that generate no more than 110% of the electricity consumed on the site over 12 months.

Tier 3: systems that are not included in the list for Tier 1 and Tier 2 solar systems.

The Town of Cortlandt (TOC) Amendment Section 255 – 5 states:

Ground-mounted and canopy-mounted solar energy systems are prohibited in the R-40, R-40A, R-20, R-15, R-10, and RG Zoning Districts.

TOC Amendment Section 255-8: Permitting requirements Tier 3 states:

Tree -cutting. Removal of existing trees is subject to the requirements of the Town Code. No more than 30% of the existing trees on site can be removed for the installation of a Tier 3 Solar Energy System. Trees deemed to be invasive species and proposed for removal, shall be required to be mitigated at a ratio of one tree planted for every three trees removed.

TOC Amendments Sections 255-8(A)(10)(h)-255- 8(A)(10)(p) Ground-mounted Tier 3 shall be limited to the maximum extent practicable to land areas not defined as a steep slope.

Ground mounted solar may be considered on moderately steep slopes (15%- 30%) provided a comprehensive Storm Water Mitigation Plan is provided and all trees removed on said slopes is limited and mitigated at a ratio of 2 trees planted for every one tree removed.

Ground mounted Tier 3 solar energy systems shall not be constructed in wetlands or wetlands buffers, freshwater wetlands, water bodies and watercourses.

An approved fire apparatus access road is required for all Tier 3 systems. Grades of all access roads will be limited to 10% maximum.

Applications for ground mounted community Tier 3 system shall incorporate, at a

minimum, controls for the water quality in accordance with (Town Code Chapter 262)

Stormwater Management and Erosion and Sediment Control.

PRIORTY OF LOCATIONS

Applications for Tier 3 Solar Energy Systems shall locate said systems in accordance with the following priorities, [a] being the highest priority and [ d] the lowest:

a] Properties meeting the Brownfields requirements pursuant to State and/ or Federal standards.

b] Industrial or commercial properties not abutting residentially zoned parcels.

c] Industrial or commercial properties abutting residentially zoned parcels.

d] On other property in the Town.

Tier 3 Solar Energy Systems shall be prohibited in all residential districts.

An applicant may not bypass sites of higher priority by stating the site presented is the only site leased, purchased, in contract, or otherwise selected.

Notwithstanding the above, the approving Board may approve any site located in the above list of priorities, provided that the Board finds that the proposed site is in the best interest of the health, safety and welfare of the Town and its inhabitants.

The applicant shall, in writing, identify and disclose the number and locations of any

additional sites that the applicant has, is or will be considering, reviewing, or planning for Tier 3 Solar Energy Systems in the Town and all municipalities adjoining or adjacent to the Town for a two-year period from the date of the subject application.

The approving Board may disapprove an application for reasons of non-compatibility,

for any of the following:

Conflict with safety and safety-related codes and requirements.

Conflict with the community character of the area.

Stormwater runoff or other adverse environmental conditions.

The placement and location of a Tier 3 Solar Energy System which would create

an unacceptable risk, or the probability of such, to residents, the public, employees, and agents of the Town.

Again, Croton’s natural environment, its residents, its visitors, and its economy would all benefit greatly from steep slope laws as exacting as those of the Town of Cortlandt.

Paula Chabrowe

FOR THE PUBLIC RECORD/PUBLIC HEARING - CURRENT SOLAR LAW AMENDMENTS, LOCAL LAW NO 4 OF 2023, DOMNA CANDIDO

Welcome to The New Everything Croton, a collection of all things Croton--our history, our homes, our issues, our business

Domna Candido

Re: Croton Solar Law Amendments – Experience Showing This Admin and BoT Mishandling of Past Solar Farm Matters Demonstrates that More Is Needed Than Just the Current Amendment!

To: Mayor Pugh, Board of Trustees, Chairman Luntz, Members of the Planning Board, Village Manager Healy, Village Engineer O’Connor

Set forth below are my Comments that I am requesting be entered into the record of Public Comments in connection with tonight’s Public Hearing to consider Local Law Introductory No. 4 of 2023 to amend Section 230-48.1 of the Zoning Chapter of the Village Code to prohibit the construction of Tier 3 solar systems on steep slopes.

Background and History Relevant to Need for New Amendments

On its face, the proposed amendment to the Village Solar Law (Sec. 230-48.1) to add new “§230-48.1.G(3)(1) Steep Slopes. Tier 3 solar energy systems shall not be permitted to be located on areas of Steep Slopes as defined in Chapter 195” seems to make sense, but much more is needed. In fact, NYSERDA and SEQRA have long specifically indicated that when siting ground mounted solar arrays, avoidance of Steep Slopes should be paramount in making such decisions. Innumerable municipal Solar Laws also advise against siting on Steep Slopes, i.e., depending on local laws, slopes in excess of 0% (or 15%), and definitely not to be sited on Very Steep (>25%<35%) or Extremely Steep Slopes (35+%). For years, similar restrictive laws, guidelines and considerations against siting ground mounted solar arrays on Steep Slopes. Other important well-known considerations to avoid are clearcutting trees, destroying forests, wildlife habitats, scenic vistas, negatively impacting neighboring properties, or adversely impacting community character.

All of those key issues in producing significant adverse environmental impacts have been known and considered when passing solar laws across this country, including in the State of New York, by governmental agencies, as well as environmental groups, even such as local Scenic Hudson and others. Many of the reasons are obvious, i.e., resulting erosion, flooding and drainage issues, possibility of mudslides, instability of slopes, etc., as well as destruction of and adverse impacts on invaluable and irreplaceable protected environmental and living resources … all possibly contributing to detrimental consequences impacting the health, safety and welfare of the community, including its residents and their properties.

In fact, in the NY Model Solar Law, on which many NY muni solar laws are based, including Croton’s, one of the key stated “Purposes” is: “To mitigate the impacts of solar energy systems on environmental resources such as forests, wildlife, waterbodies, and other protected resources.” Numerous NY municipalities have incorporated this very important statement of Purpose into their local laws. Oddly, our Village Officials didn’t seem to see fit to do so at the time our Solar Law was first passed … and Hudson National Golf Club (HNGC) was apparently preparing and waiting in the wings to submit its Application for a Special Permit for approval of its Solar Farm Project! And, it appears that our Village Officials have neither seen fit to amend our Solar Law to include this, to date … and based on how the HNGC Solar Farm Project Application was handled by our Village Officials, they didn’t even see fit to follow that important Purpose!

Unfortunately, in Croton-on-Hudson, the reality has been different due to what has apparently been an inexplicable “solar at all costs” mentality that seems to have seeped in, whether by virtue of lack of considered forethought as to the actual possible devastating consequences of that short-sighted approach, the appearance of catering to certain special interests (e.g., HNGC), and/or the number of individuals calling themselves “environmentalists” who have also been somehow or in some way also involved or invested in the business of renewables, some who also seem far too involved in Village government decision-making and influence of such, while advocating for their “renewable” interests … all to the possible detriment of our Village, its environmental resources, residents and their properties. The result for residents, just over these last 2 years alone, has been one of continued frustration requiring extreme amounts of time and effort to attempt to get our Village Officials to do that which they are statutorily mandated to do by SEQRA and our Village Code, i.e., be stewards of our environmental and living resources and act in the best interests of our Village and its residents in accordance with our Comprehensive Plan!

This issue of siting ground mounted solar systems, including, Tier 3 Solar Farms on Steep Slopes is not just a ‘hypothetical’ being addressed proactively in advance through legislative amendment by some diligently responsible Village Officials. To the contrary, the experience of Croton residents has been just the opposite! For 2+ long years, that very real issue was front and center, as part of HNGC’s pending Solar Project Special Permit Application which, on its face, contained many components violating a number of provisions in our Steep Slopes, Tree and Wetlands Laws, as well as being counter to key tenets of our Comprehensive Plan. But it was not denied.

Throughout that process, lengthened only by the stiff opposition from residents, it was apparent to all that because that Solar Project was filed by HNGC, our same Village Officials (including Mayor Pugh, our Board of Trustees, Village Manager, Village Engineer and conflicted Village Attorney (former counsel to HNGC), all, except for Trustee Horowitz, blatantly appeared to put that Solar Project on a fast track to approval! The Project, to be sited on 15 disturbed acres, 7 acres of which were comprised of Very Steep and Extremely Steep Slopes to be clearcut of approx. 600 trees on protected, No Disturbance, forested land, that had a high risk of potentially destructive and damaging significant adverse impacts, including destroying scenic vistas that our Steep Slopes Law identifies as significantly contributing to the visual impression of Croton’s semirural character, and the disturbance of which would be detrimental to the visual character of our Village, was obviously not being vetted or viewed by our Village Officials. The hard questions, serious concern regarding destruction of our environmental and living resources, as well as neighboring properties, was most often coming from residents and Trustee Horowitz. Silence and the defense of HNGC’s proposed plan regularly came from our Village Officials, including our BoT, Vill Manager and Vill Attorney despite all the information brought to light by residents and notwithstanding the false and misleading information on the EAFs, the View Study and other documentation on file and not addressed by the BoT or Village Attorney for 18+ months, contrary to SEQRA’s requirements to the contrary that accuracy be ensured by the BoT … and that submission of false and misleading was solid grounds for Denial under SEQRA!

That this Village Administration, Mayor, Village Manager, Board of Trustees and Village Attorney kept pushing to approve for over 18+ months despite the existence of the false and misleading statements and misrepresentations, and, finally their admission of the existence of all of that falsely inaccurate information on 1/31/23 , was quite telling! The fact that after all of that, they are now proposing this Amendment to prohibit such a project on Steep Slopes clearly demonstrates that they were aware that their previous pushing to approve the HNGC/Matrix Solar Project sited on those Very Steep and Extremely Steep Slopes was never in the best interests of Croton or its Residents! Moreover, the fact that, only when Trustee Horowitz started to raise issues of great concern to residents that should be covered in additional amendments and have already been addressed and approved by the Town of Cortlandt, namely, the Town of Cortlandt Amendments approved on 7/19/22 attached to this letter, did this Administration, Mayor, Village Manager and Village Attorney concede that Cortlandt indeed placed restrictions on these issues … and for good reasons. These are issues that Croton residents have been raising already for several years. Yet, we are still being told by Trustee Simon that our Village Officials still seem to be “reviewing” the Cortlandt Amendments, and now need to have discussions with the Town of Cortlandt to gain a better understanding of them and how they are being implemented!

What is very obvious is that Croton’s underlying Solar Law, as enacted, was a somewhat watered-down version of the NY Model Solar Law, one that many municipalities adopted with additional restrictions, but that our Village Officials passed without even including very key provisions. One very key provision of that NY Solar Model Law that was left out was one relating to “Purpose, i.e., language stating that one of the very important purposes of the Solar Law is “To mitigate the impacts of solar energy systems on environmental resources such as forests, wildlife, waterbodies, and other protected resources.” This is language that our Town of Cortlandt, after giving even more consideration during its imposed moratorium on Solar Farms in order to seriously study the impact of these Solar Systems on our environment, further restricted. Cortlandt did that by adding language to that Purpose provision, stating: “To mitigate the impacts of solar energy systems on neighborhood communities and environmental resources such as important agricultural lands, forests, wildlife, waterbodies, and other protected resources.”

Not only did our Village Officials not include this language, but they spent 2+ years demonstrating to all that protection, and mitigation of impacts of such solar energy systems (particularly that of HNGC) on the neighboring community, our environmental and natural resources, such as our forests, on Steep Slopes, wildlife and their habitats, our wetlands, particularly downhill from the steep slopes, other protected resources, such as our scenic vistas and river views, and the rural character of our community, etc., were of no obvious concern to them. They arrogantly demonstrated that as they dismissed the consistent requests from residents to heed provisions of our Village Environmental Laws which were being blatantly violated by HNGC’s Solar Project, and all set forth and covered in our Steep Slopes, Tree, Wetlands Laws, Comprehensive Plan… which, together with SEQRA, mandate our Village Officials to be stewards of all of those environmental resources. That is a mandate that was being shirked, not just based on components of HNGC’s Solar Plan Proposal, but also in knowing that those falsities existed for 18+ months without doing anything about ensuring that those falsities were corrected, yet pushing for approval of that Solar Plan which plainly stated it would be seeking NYSERDA funding based on that Application, notwithstanding those falsities. It was blatantly obviously that all that was known to our Village Officials as evidenced by their enthusiastic listing of all of the misrepresentations and misleading inaccuracies needing correction at their 1/21/22 BoT Meeting… when the HNGC/Matrix Solar Applications were put in that unprecedented suspense!

Past Handling has Resulted in Shattered Trust

That issue of shattered trust in this Administration and BoT to protect the environmental interests of our Village and its residents is not one that disappeared when HNGC rushed to withdraw its Solar Farm Special Permit Applications in order to escape oversight of the Planning Board for its current Course Restoration Project (all with the apparent blessing and assistance of this Administration which claimed not to really know the relevant provisions of the Village Code, and the fact that the current scope of oversight of that Restoration Project is primarily with the WCC narrowly relating to the Wetlands Permit portion despite the overall risks to neighboring properties and the fact that the letter of our environmental laws was not followed relating to broader oversight by the Planning Board for the entire project… again with the obvious blessing and participation of this Administration)!

Also an issue is the troubling fact that we have Trustees who found a “comfort level” in disturbing Steep Slopes and blatantly ignoring the previously agreed to No Disturbance restrictive covenant, and obviously had no issue with approving the clearcutting of approx. 600 trees which would have released huge amounts of already sequestered Carbon back into the atmosphere, who then seemed to be just as comfortable rewriting that history when recently running for re-election, with one such Trustee purporting to advocate for Carbon Positive Projects (with no mention of the horrendous job they did in handling the HNGC Solar Project vetting), and then evidently letting it be known that HNGC’s Solar Farm Project on Steep Slopes Project was not any big issue!!! One wonders… is that because Solar is good wherever it is put by special interests whether it adversely impacts neighboring properties?... the health, safety and welfare of residents? … environmental resources?... forests? … hundreds of clearcut trees?... wildlife?... their habitats?... wetlands?...scenic vistas and river views? … the rural character of our Village? …

And recent comments from our Mayor in discussing lack of other restrictions in this current proposed Amendment at a recent BoT Meeting, indicting a lack of knowledge of adverse issues raised by siting of industrial Tier 3 Solar Systems on neighboring residential properties… or evidencing a complete lack of caring or concern for any residents living on R40 zoned properties bordered by any such future Tier 3 Solar installations on R40 or R60 properties, such that he thinks no protection is needed for those neighboring residents in the form of prohibiting Tier 3 Solar Systems on residentially zoned properties, because in his mind the installation of a multi-acre Tier 3 Solar System with all of its serious heightened fire risks, noise issues, as well as possible detrimental impact on home values, etc., is no different than constructing a garage for two of one’s personal cars!

The fact that this Administration and BoT did nothing to really look into the overall substantial fire risks and how those should be addressed for the safety of our residents and their properties, as well as the noise pollution issues created by inverters sending electricity to a community solar grid, during the entire 2 years that the HNGC Solar Project was going through that farcical “vetting” process while appearing to be very comfortable pushing to approve it, does not mean that those issues do not exist or need to be considered now …or that an unsubstantiated conclusion can be reached that installing an industrial Tier 3 Solar System is equivalent to construction of a typical home car garage with respect to risks of fire or the nuisance of noise pollution to neighbors!

Additional Amendments are Needed… When Will the Issues be Addressed?

Despite all of this, we are being told by the Mayor and BoT that their intent is for this present “No Tier 3 Solar Systems on Steep Slopes Amendment” to be passed, and that we should somehow be comfortable that additional amendments to the Solar Law to address many of these issues can be considered later.

Aside from the fact that Croton has environmental laws in place (Steep Slopes, Tree, Wetlands, Comprehensive Plan, etc.) that should have protected the best interests of our Village and residents and been used to reject and deny the HNGC Solar Project outright, but didn’t because it was apparent that this Admin., BoT and Vill Atty totally ignored and paid absolutely no heed to those laws during the alleged vetting of the HNGC Solar Project is still extremely concerning. In addition, the concern remains based on the fact that a similar type of approach seems to be continuing into the present as we watched as this Admin., Vill Atty, BoT and Vill Mgr also actually appeared to be assisting and enabling HNGC to side-step those protective laws in order for HNGC to avoid Planning Board oversight of its current Course Restoration Project... despite the repeating of history with HNGC’s initial submission of EAFs containing false and misleading information for this current Course Restoration Project... all taking place over the famously steeply sloped course. All of this has not instilled trust that our best interests are of any concern to this Administration or BoT. It is readily apparent that without more very needed restrictions in place, this Admin and BoT could go forward and approve future Solar Projects with the same side-stepping of a loosely written, singular Amendment that is currently being considered.

That is why there is much reason why it is important that these issues are considered now, and that this Admin. and BoT commits to considering the needed additional Amendments to our Solar Law, in light of the Town of Cortlandt’s Amendments as a starting guide, as follows:

Additional revisions to this current Local Law Introductory No. 4 of 2023 Solar Law Amendment should be considered to prohibit Tier 3 Solar Systems, as well as other ground mounted and canopy mounted solar energy systems (including those as defined as Tier 2 arrays) on Steep Slopes, as well as in close proximity (upland) from such Steep Slopes.

There does not seem to be any justification for not including prohibition of other ground mounted and canopy mounted solar arrays. In addition, as we are aware from how the HNGC Solar Project was handled regarding this point, the actual Solar System could wind up being placed on a plateau amidst closely situated Steep Slopes (particularly, if the overall property is highly sloped throughout), or might wind up being placed on slopes just shy of 15% but still creating significant runoff reaching slopes of greater pitch… all resulting in possible significant adverse impacts downhill to wetlands (even “indirectly,” which is covered by and violative of our Wetlands Law) and neighboring properties! And, all such solar arrays should also be prohibited from Wetlands or areas that would detrimentally impact wetlands. (See TOC Amend. below)

As such, in addition to language proposed by the Planning Board re inclusion of reference to “Access Roads,” additional language should be drafted and included, so that if any ground mounted or canopy mounted solar arrays, including, without limitation, Tier 3 Solar Systems is intended to be sited in a heavily sloped area comprising or consisting of Steep Slopes (as defined in Chap 195), even if such Solar Array is not actually on slopes of >15%, but close enough in proximity, or within topography which would indicate that significant adverse impacts could still be created as a result of being located in such close proximity to Steep Slopes (and/or Wetlands), such a siting of ground-mounted and canopy-mounted Solar Energy Systems should also be prohibited.

In addition, given the loop holes that exist, without considering what have been the realities of the proposed HNGC Solar Project and how it was mishandled in the past, and to ensure protection of our Village and its residents and their properties, the following additional amendments should also be considered and passed:

Passage of an amendment containing the following NY Solar Model Law language, as amended by the Town of Cortlandt, as new par 6 (§230-48.1 B. Purpose. (6), so that the apparent “solar at any and all costs to our environment and resources” approach does not continue in this Village and that it is clear that our Village is committed to coexistence of BOTH sensible and responsible Solar, as well as the ongoing protection of our environmental and living resources, including the protection of residents and their properties: “To mitigate the impacts of solar energy systems on neighborhood communities and environmental resources such as important agricultural lands, forests, wildlife, waterbodies, and other protected resources.” There is no defensible reason why Croton did not adopt the Model Law provision when our Solar Law was passed, and given how facts have evolved as to how Village Officials have not evidenced concern regarding neighboring properties and protection of existing environmental and living resources, it appears that this Amendment, as adopted and passed by the TOC is most appropriate at this time. (See attached, TOC Amend. §255-2 Statement of Purpose)

Note: Although the language of our current Solar Law states under “Authority,” provisions which evidence authority to adopt zoning provisions that “advance and protect the health, safety and welfare of the community,” many in our community have been underwhelmed by this Administration’s and BoT’s commitment and action to do so when proposals for certain Solar Arrays made by certain parties are concerned. As such, it is incumbent on our Village Officials to commit to this Purpose and protection of our community and existing environmental resources, as mandated by the environmental laws in our Village Code, to ensure that any review of such proposals is made with that purpose in mind.

(Based on the HNGC Solar Project experience, a special note is warranted here: “mitigation of the impacts of solar energy systems” requires actual “mitigation”, i.e., “to make less severe, or lessen in force or intensity.” As had been offered in the past and, it appears that our Village Officials seemed to think was acceptable but was certainly not … an offer of some Street Trees to be used IN the Village center, or some paltry sum of money, or planting of seedlings or saplings that deer will eat, does NOT “mitigate” destruction of irreplaceable mature forest, innumerable trees on steep slopes that could cause erosion, mudslides, displacement of wildlife and destruction of their wildlife habitat and biosystems! Mitigation needs to be serious, responsible, sincere efforts resulting in avoidance or lessening of the possible damage and destruction. (As per SEQRA and Town of Cortlandt Amendments, Denial must always be an option.)

Specific restrictions relating to removal and cutting of trees and forested land (including addressing prohibitions on topping or cutting trees in half, as recommended by the Planning Board) should include the PB’s recommendation to include restrictions relating to such tree cutting, etc. on and around Access Roads, and should also contain restrictions, at least as restrictive as those put into place by Cortlandt (See attached, TOC Amend. Sec. 255-8 (A)(8)) regarding restrictions with respect to percentages of trees that could be cut, etc.;

Requirements regarding adequate protection and oversight relating to other concerns, such as increased fire risks (which, for years has been underreported by the industry due to being designated as just “other”, but is a very real concern in the industry today, easy to spread, hard to fight, and often devastating to the community), noise pollution from inverters converting power to distribute to power grid (and a subject most often gaslighted with answers saying that the panels themselves don’t make noise!!), posting of sufficient bonds, and proper recycling of environmentally unfriendly components of Solar Systems upon decommissioning, were among the various serious and concerning issues never really adequately addressed during the whole unsatisfactory so-called “vetting” process during the pending HNGC Solar Project. As such, all need to be addressed within additional amendments to our Solar Law.

Given the heightened fire risks, noise issues, as well as potential for run-off, erosion, possible drainage and flooding issues relating to neighboring properties, and our community, at large, from ground-mounted and canopy mounted Solar arrays, including Tier 3 Solar Systems, restrictions and prohibitions should be put into place (similar to those approved by the Town of Cortlandt) prohibiting such systems in more broadly defined residentially zoned areas than the current Croton Solar Law addresses, i.e., so that ground-mounted and canopy-mounted solar energy systems (including those in Tier 1 & 2) are also prohibited in R40 residentially zoned areas. (See, TOC Amend. Sec. 255-5).

In addition, there should be inclusion of the TOC Amend that prohibits the blanket prohibition of Tier 3 systems in all residentially zoned areas! (See TOC Amends.)

Since efforts to fully utilize all of Croton’s already disturbed land for additional solar arrays to satisfy the anticipated needs of our Village have not been made, further amendments to the Solar Law need to be made to codify the Priority list of sites to be considered and the requirements regarding such determinations, as per the Cortlandt Amendments. (See TOC Amend.225-8(A)(10)(p)[1]-[7]). These very important sections encompassing handling of the Priority of sites, not accepting flimsy excuses that an applicant can bypass site of higher priority just by stating that the presented site is the only site lease, purchased, in contract or otherwise selected!! (See TOC Amend. Sec. 225-8(A)(10)(p)[3]).

Croton Village Officials owe it to our Village and its residents to make every effort NOT to destroy our environment and cause damage to resident properties, either directly through erosion, flooding, fire, noise, etc. or reduction in home values due to such poor environmental protection decisions, such as any of the following approaches we have witnessed over the past 2 years: short-sighted “solar at any and all costs” philosophy or knee-jerk decisions made purporting to be in anyone’s interests, or just for political talking point purposes, particularly when the Village, through its Officials is mandated by our Village Code, as well as by SEQRA to protect our environmental and living resources!

It is not acceptable to sit on the BoT or hold any elected or appointed position in this Village touting that one should be re-elected or re-appointed based on some alleged record of “Carbon Positive” activities and projects, when, in fact, one spent the better part of 2 years pushing to approve the clearcutting of 600 trees in a mature forest on protected Steeply Sloped No Disturbance land, that would result in the release of huge amounts of previously naturally sequestered Carbon… creating an huge Carbon DEBT!.

There is also no reason why ALL previously disturbed siting options considered and set forth in the TOC Amend. attached, such as brownfields, parking lots, supermarket roofs, etc., should not be fully explored to accomplish this goal! Other muicipalities are doing so (even Maryknoll in Ossining is participating)… and so should our Village of Croton.

There are creative possibilities that have apparently been left unexplored and untapped, for the ease of just saying that it should be ok for certain residents to bear the burden of the consequences of pushing lazy, short sighted and unacceptable alternatives as we witnessed for 2 years with the HNGC Solar Project, particularly when the best interests of Croton residents and the natural resources of our Village are at stake. And particularly, when, as we witnessed, not just as part of the HNGC Solar Project, but also again with HNGC’s current Course Restoration Project, this Admin. and our Village Officials are willing to lower the bar in protecting our best interests when certain special interests are involved! Other Amendments may also be warranted, but these are definitely needed!

Sincerely,

Domna Candido

Att: TOC Approved Solar Amend dated 7/19/22

cc: Village Planning Board