PENDING PLANNING BOARD APPROVAL TOWN OF BRANT PLANNING MINUTES For SPECIAL meeting held TUESDAY, December 18, 2007 1294 Brant-North Collins Road, Brant, New York 14027 IN ATTENDANCE: Also present: Joseph Gardyjan John Grennell, Town Atty Michelle Hy Brenda Giacchino Jamey Solecki Tom Gerace, Jr The Town of Brant Planning Board held a special meeting at the Town Hall on December 18, 2007 at 7:00 pm. Joseph Gardyjan motioned to accept the minutes of Planning meeting held November 27, 2007. Tom Gerace seconded the motion. NEW BUSINESS. No new business OLD BUSINESS. WINDMILLS. John Grennell began by explaining to the board that he had spoken to Mr. Norr regarding Brant?s decision to use the Town of Hamburg?s WECS law as a guideline for the Town of Brant. He stated that it would be in the best interest of the Town of Brant if they used NYSERTA?s guidelines. The other option was to place a moratorium on Windmills until a law could be drafted. It was John Grennell?s suggestion to the Board that the board adopt a law rather than place the moratorium. Joe Gardyjan expressed concern over the setbacks listed in the proposed laws presented to the board at this meeting. John Grennell also added that the board must also consider the height restrictions. Mr. Gardyjan mentioned concern over the Hardpan project and that setbacks must be considered since there is the thruway on one side of the property and a neighbor on the other side. He felt that a 500? setback would be sufficient in the Hardpan project. However, he stated that this setback could be negotiable based on separate circumstances. Grennell responded that this would also be an engineering concern. Mr. Gardyjan stated that the maximum height would be determined during the Special Use permit application process. The board discussed various options regarding setback. One option was the height of the unit plus 100 feet. John Grennell suggested that Brant use the Town of Cohocton?s law as its guideline for drafting the new law. Mr.Gardyjan expressed concern about safety issues being addressed in any new legislation. Mr. Grennell assured him that the Cohocton law addresses safety issues and setbacks. He noted they limited height restrictions on residential installation to 100 feet. Industrial is limited to the height of the structure plus 100 feet. He also noted that the law states that structures must be at least 1500 feet from any locations frequented by the public. (ie. Restaurants, playgrounds, churches, etc.) John Grennell then noted that he did not agree with the punishment for building without a permit. He agreed to the $250 fine but not the jail term. Mr. Gardyjan then mentioned that he wanted to charge the company a fee, rather than a tax assessment. Mr. Grennell answered that a fee would not be good because of instances where the windmill is not generating or is out of commission for any period of time. He suggested allowing the Town assessor to assess the property based on electrical output and the performance it is generating. Much like a gas well. Therefore, the Town Board has two options. A set fee, created by the board, or a tax based on the windmills performance. Joe Gardyjan asked what ?Letter of Credit? listed on Page 11 of Cohocton?s law meant. John was unsure and said he would check into it. Joe Gardyjan expressed concern that the Town requires notification of change of ownership of the structure. He also stated that he wanted to be sure they renewed the bond when they renewed their special use permit annually. Tom Gerace Jr suggested the company pay the Town Clerk for their Bond, thereby making the Town Clerk the person who pays the bond company and is notified when the Bond expires. The attorney said that may be possible. Grennell then suggested having a statement from the bond company put in writing along with the contract stating that they will notify the Town if and when the bond is about to expire. Joe Gardyjan asked Grennell to clarify which areas should allow windmills and Grennell replied agricultural and commercial areas. Joe Gardyjan motioned to accept Cohocton?s law with the changes noted during the meeting and noted in these minutes. Jamey Solecki seconded the motion. All approved. Motion passed. Joe Gardyjan motioned to close the meeting at 8:30 PM. Meeting adjourned. Respectfully submitted, Barbara Daniel Planning Board Secretary