To the Editor:

I was unable to attend the Dec. 11, 2019 Guilderland Planning Board meeting, but recently reviewed the tape of the meeting on the Guilderland website. The topic of my interest was the presentation by Helios Solar on the installation of a large solar field on property owned by Joseph Muia, former Altamont village attorney, next to the Orchard Creek Golf course.

The proposed solar field is smack in the middle of the most iconic viewshed of the rural Guilderland countryside and the Helderberg escarpment.

I encourage you to watch the meeting on the Live Stream Service on the Guilderland website. It’s in the “Minutes & Agendas” section. Find “Planning Board” and click on the date (Dec. 11, 2019).

What I took away from watching the long and sometimes contentious meeting was that the decisions and views taken by the planning board were flawed, did not fully adhere to the laws that should have guided the board members, and applied codes that were developed without adequate consideration of the town's own policy documents.

While I am a 100-percent supporter of renewable energy, the proliferation of solar farms in our communities of late has caught municipalities off guard and opened up the possible siting of large solar fields in areas that are treasured for their historical and economic value, as in the case of this project.   Other municipalities are quickly establishing moratoria and facing legal action from community members to rethink how to do this.

Guilderland and Altamont have developed master plans for situations like this one. Because it’s impossible to foresee all future development pressures, these plans set important criteria for considering projects that might affect the viewsheds and historical assets in the town. If the town is not going to follow through and apply those planning principles/priorities to a project at an iconic site like this, then what’s the purpose of even having a plan?

This planning action does not respect the master plan though this is the law. The Guilderland Town Ordinance lists specific factors that must be taken into consideration by the planning board before it can give site-plan approval. The first listed factor is whether the proposed use and site conform to the comprehensive plan (Section 280-52 (c) (s) (a)).

In this case, the planning board did not give substantive consideration to whether the use and site conformed to the comprehensive plan. The board claimed that, because farmland is zoned to allow solar farms as a special use, then, by that act, the use was in conformance with the comprehensive plan. This rationale applies the law incorrectly. I think the Guilderland Town Board needs to correct its error immediately.

Planning board members elaborated their understanding that the purpose of a plan is to guide the drafting of zoning ordinances, not to assess individual projects and sites against the plan. This is a fundamental error.

If the plan were only relevant in the drafting of an ordinance, there would be no purpose served in listing it as one of the required factors to consider before granting site-plan approval to specific uses on specific sites.

The board, in my opinion, failed to apply the proper standards in voting to grant the site-plan approval. I’m confident a court would reverse that decision, remand the matter back to the town, and require the planning board to consider whether this project at this site specifically complies with the comprehensive plan(s).

Before this happens, I believe that the town of Guilderland should take serious pause and consider the importance of the comprehensive plan and its proper application of its procedures and current zoning laws, before it faces legal repercussions. The town should pay heed to the rising concerns about development that exist here and in other projects that are coming before its boards for consideration.

If the town board fails to take remedial action, citizens of Guilderland and Altamont have two opportunities, barring a legal challenge, to lodge our opinions about this project soon. Before granting a specific use permit, the Guilderland Zoning Board of Appeals is also required to consider whether the proposed use is consistent with the comprehensive plan (Section 280-57 (E)(1)(f)).

In addition, the village of Altamont awaits the referral on this project to provide feedback to the Guilderland board, of approval or disapproval (LL #6, 2006,Town of Guilderland).

I recommend you look for when these meetings take place and lodge your concerns to your town and village officials.

If the zoning board gives the comprehensive plan short shrift and if it follows the planning board’s erroneous understanding of how the comprehensive plan is to be considered, then it is entirely likely that the same unfortunate result will occur.

Your opinion on this project is essential so they can weigh community input in making their decisions.

I urge you to lodge your concerns with the town supervisor, as well as officials of the planning and zoning boards. There is something seriously wrong with this process and they should fix it before it is too late. 

James M. Gaughan

Altamont Mayor, 2005-17