BERNE — The Berne Town Board voted on Jan. 10 to table a proposed solar law and adjourn a public hearing until its next meeting. The board had held a public hearing before the meeting for a “Small Scale Solar Energy Law,” which included questions about certain aspects of the law from a town residents.

Resident Matt Harris stood up from the gallery to ask about the section of the bill that stated that no more than 110 percent of the energy used by a resident the previous year could be generated with an array, saying this didn’t account for things such as an exceptionally warm summer that needs more air-conditioning. Councilwoman Dawn Jordan said that this, along with most of the law, is based on a sample bill drafted by the New York State Energy Research and Development Authority, and also that this energy limit is what NYSERDA will only allow.

Harris also addressed a requirement that all solar panels be installed by a “qualified solar panel installer,” which he said didn’t seem to mean anything. Councilwoman Karen Schimmer said it is true that an installer doesn’t need to be licensed, and the Harris said that inspections are still required following an installation. Jordan said that she’d like to look into this and speak to “our building and zoning people about that.”

Timothy Lippert, the town’s former building inspector who had recently lost his job following a new appointment (see related story), had several concerns about the bill, first saying that he didn’t know how long it was made available to the public, but he said he knew that the document was put on the town website only on the afternoon of the Monday before the meeting.

“Forty-eight hours really isn’t a lot of time,” he said, adding that the town should leave the document up online and keep the hearing open until next month. He also suggested scheduling a State Environmental Quality Review Act hearing before the next meeting. Jordan said the town does not have to hold a SEQRA hearing for this law, to which Lippert disagreed. The town’s attorney, William Conboy III, said that he would look into the matter.

Lippert also criticized part of the law that states ground-mount solar arrays have 100-foot setbacks, saying that “90 percent” of the town residences are in residential areas with lots around 100 square feet.

“You need 250 feet just to meet that setback,” he said.

Lippert said that ground-mount arrays are more affordable than roof-mounted arrays, as they don’t involve more costly installations on a roof and can be changed or replaced more easily.

“It misses the mark,” he said.

In 2016, ground-mount solar arrays in the Berne hamlet came under fire from the Berne Historical Society after the town issued a permit for their construction. The hamlet is located in the town’s historic district, and a member of the historical society said the arrays went against guidelines from the National Alliance of Preservation Commissions.

The neighboring towns of Knox and Westerlo have both created solar laws in the past two years, and have since seen applications from companies to build arrays in the town. Knox approved Borrego Solar’s application to build on the Whipple farm in the summer of 2016, and in Westerlo the company was approved to build at the former resort Shepard Farm.

After some deliberation, town Supervisor Sean Lyons said the board would leave the hearing open for another month, adjourning it until the town board’s next monthly meeting on Feb. 14. He said that the board would encourage public comment and make amendments to the law.

The board will also hold two public hearings prior to the Feb. 14 meeting at 6:45 p.m., a moratorium on industrial-scale solar arrays and a bill on hydraulic fracturing.

Other business

In addition, the board also:

— Hear from planning board member Mike Vincent and Highway Superintendent Randy Bashwinger about plans by resident Jeff Thomas to potentially build senior housing on land he owns;

— Granted Emily Vincent, a new planning board member, permission to continue researching “green” waste management programs for the town. Berne and other Albany County towns have just a few years that they can bring their waste to the Rapp Road landfill;

— Approved Highway Superintendent Randy Bashwinger to spend up to $10,000 for the purchase of a gradall excavator off an auction site;

— Approved the purchase of $2,789 for a stove for the Community and Senior Service Center;

— Heard an announcement by Schimmer of a planned Winter Fest at Switzkill Farm on Feb. 17, from 11 a.m. to 3 p.m.;

— Appointed Jon Kusler to a two-year term on the Conservation Board;

— Announced March 6 as a “Paint the World Teal Day,” for World Lymphedema Day. Lyons said he would install teal lights in the town hall for the day. Young Berne resident Emma Detlefsen is afflicted with lymphedema, and has lobbied for more funding for research into the illness;

— Authorized advertising for a new library manager and director. The current director, Judy Petrosillo, announced her resignation at the last town board meeting, saying she would be leaving on March 1; and

— Declared a proclamation, signed by the town board members from the previous year, recognizing the service of the former supervisor, Kevin Crosier.