Town Board passes moratorium on solar and wind energy

AMENIA — After careful consideration, the Amenia Town Board adopted a local law imposing a temporary town-wide moratorium that will prohibit the installation of freestanding or ground-mounted solar energy systems and wind energy conversion systems at its meeting on Thursday, July 19.

A public hearing for the local law was first held on Thursday, July 5. During the hearing, Town Clerk Dawn Marie Klingner said she received notice from Dutchess County Planning, which determined the local law was a matter of local concern. In addition to Dutchess County Planning, she said the matter was circulated to the towns of Dover, Washington and North East as well as to the Amenia Planning Board, the Amenia Zoning Board of Appeals, the Amenia Zoning Review Committee and the New York State Department of Transportation.    Dutchess County Planning the only group to respond.

After talking with Amenia Planning Board Chairman Robert Boyles Jr., town Supervisor Victoria Perotti said the matter would be discussed at the Planning Board meeting on Wednesday, July 11.

Councilwoman Vicki Doyle made a motion to adjourn the public hearing until Thursday, July 19, and the board agreed.

With the exception of Councilman Damien Gutierrez, all board members were present at the meeting on July 19.

At the start of the public hearing, Klingner said she circulated Boyles’ comments about the local law to all Town Board members. In a letter dated Thursday, July 12, the Planning Board notified the Town Board it was recommending the local law. 

After due deliberation, the Town Board decided to adopt the moratorium.

As a result, the installation of freestanding or ground-mounted solar energy systems and the installation of wind energy conversion systems will be temporarily suspended through the imposition of a temporary moratorium on the issuance of permits and approvals for a period of 180 days from the law’s effective date, July 19. The moratorium can be extended if necessary. 

During this time, the town will be able to adopt appropriate zoning regulations for  solar  and wind energy systems that aren’t currently regulated in its zoning code.

The board acknowledged that in recent years, the installation of solar energy systems on commercial and residential properties has become widespread as a result of various tax incentives and leasing and provider options. 

Promoted by New York state and the federal government as sustainable energy sources that reduce dependence of fossil fuels, solar panels have the potential to become typical accessory uses for residential and commercial properties, though they’re not specifically regulated by town code. Since wind farms are being proposed in other areas in the state, it was deemed appropriate for the town to also deal with that issue in its zoning. 

Meanwhile, solar energy systems that are mounted on rooftops or buildings can be visually integrated into the structure and are subject to existing building code requirements. 

The resolution to adopt the local law was approved with a majority vote of 3-1. 

When asked why she decided to vote against the local law, Doyle explained that the board recently agreed to be a Climate Smart Community and under this effort, the town’s Zoning Review Committee provided sample solar laws for both commercial and residential properties. Rather, she felt  it would have been more beneficial to place a moratorium on large-scale solar farms, rather than residential and commercial solar systems.

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