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Town of Dunkirk delays solar project decision

OBSERVER Photos by Braden Carmen Town of Dunkirk Supervisor Priscilla Penfold discusses a State Environmental Quality Review Act document with representatives from Solar Liberty at a public hearing.

A commercial solar energy project that has been in the works for several years will have to wait at least to learn its fate in the town of Dunkirk.

After multiple public hearings were held and adjourned, a project on Williams Street proposed by Solar Liberty Energy Systems, Inc., was not resolved at a recent meeting of the Town Board. The Town will continue evaluating the special use permit application and variance requests in the coming weeks.

The proposed 3.75 megawatt solar energy system would consist of approximately 14,580 ground mounted solar panels across three parcels of land as defined by the Chautauqua County Tax Map. The project would be located on the premises at 3751 Williams Street East in the Town of Dunkirk.

The land is owned by John Dach, who has previously harvested grapes at the property. It is located in a Residential-2 Zoning District. The project has been in the works since 2019 when Solar Liberty first started negotiations with Dach for the land to host the project.

Adam Rizzo, of Solar Liberty, stated that with the market for solar energy systems advancing as much as it has in recent years, the capability for the project in question would likely not be available had the project not started when it did in 2019. Rizzo believes the town of Dunkirk will not continue to see as many solar energy project proposals as it has in recent years because the utility connection capacity is near its limit.

Pictured below is the plan for a 3.75 megawatt solar energy system located on Williams Street East in the town of Dunkirk.

Michael Miller, vice chairman of the Town of Dunkirk Zoning Board, spoke in favor of the proposal as not only a member of the Zoning Board, but also as a resident of Williams Street with experience as a farmer.

Miller stated the Zoning Board granted a variance request for the project to proceed, despite the Residential Zoning restriction the Town had set.

Miller said that making an exception for this project is warranted because there are no utilities serving the property, the landowner attempted to sell the property prior to considering the solar energy route, and the land is not profitable for grape harvesting in its current state.

Miller spoke to the difficulties grape farmers face with restrictions in place, coupled with the rising cost to produce grapes. Miller stated five tons per acre is a breakeven point, which he believes would be too costly to reach with the property in question.

Rizzo stated that without water and sewer lines to the property, the proposed solar energy project offers both the Town and Dach an opportunity to profit from his land.

“We feel this is a great opportunity for Mr. Dach to make some revenue off his land, and also, it’s an opportunity for the Town to make some additional revenue without burdening your system more,” Rizzo said. “… This type of development is going to be purely revenue to your tax base.”

In reviewing the State Environmental Quality Review Act document submitted with the proposal, the Town Board highlighted several areas of concern that required deliberation. Among those issues were the impact on agricultural resources, the aesthetic impact of the project, and potentially most notably, the inconsistency with community plans and character of the Town because of the zoning regulations currently in place.

Additionally, the Town Board received correspondence from James Dimmer, a resident neighboring the property, reiterating his opposition of the project.

Solar Liberty representatives assured the Town that the land can be returned to agricultural land after the project is decommissioned at the end of its useful life. Any noise concerns will only be during construction, as the sound of the system will not exceed the decibel level of nature from 100 feet away. Traffic plans can be determined in coordination with the Town’s Highway Department at a later date should the project be approved.

After a discussion with Town Attorney Jeff Passafaro following the latest public hearing, the issue came up on the agenda at the regular meeting less than an hour later. Passafaro advised the Town of its right to reserve decision on the proposal to a later date. Town Board member Phil Leone moved to reserve a decision on the matter, which was supported unanimously by the Board.

The Board anticipates taking action on the proposal — one way or another — at its next regular meeting on Tuesday, Feb. 18 at 5:30 p.m.

A complete copy of the application is on file at the Town Clerk’s Office and is available for the public to view during regular business hours.

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