Red Hook board clears community solar and sewer IMA, approves fire agreements and shared services; continues zoning and cannabis hearings

The Red Hook Town Board on Dec. 10 adopted a State Environmental Quality Review negative declaration and a zoning-determination allowing a 0.7491-megawatt (749.1-kilowatt) community solar array on town-owned land, voted to accept a $175,000 New York State Energy Research and Development Authority (NYSERDA) construction grant and authorized execution of the grant contract, and approved multiple other municipal agreements. The board also continued public hearings on proposed zoning amendments (Local Law D) and retail cannabis and public smoking/vaping rules (Local Law E) to Dec. 30.

Why it matters: The solar approval clears the project to move to final site-level permitting and use of state grant funds aimed at lowering electric costs and meeting local climate goals. The board also committed ARPA funds to a proposed sewer district project through an amended intermunicipal agreement with the Village of Red Hook; approved two-year fire-service agreements for 2025–26; and extended a shared purchasing agreement with Dutchess County, all of which affect town services and near-term capital spending.

Community solar and environmental review The project, described in board packets as the “Cooking Ham West” community solar installation, is planned as a roughly 749.1-kilowatt ground-mounted system sited on an 11.16-acre portion of an 89–100 acre property the town acquired. The environmental record circulated by the town uses four acres as the conservative area of disturbance for SEQR analysis; panel area and trenches for electrical conduit make up the disturbance footprint, staff said.

Brandy Nelson, an engineer with Ty and Vaughn (consultant listed in the transcript), walked the board through the EAF Part 1 and the draft Part 2/Part 3 analysis. Nelson said the array will be located in a former gravel-mined, low-lying (“bowl”) portion of the site to reduce visual impacts and that the design avoids tree clearing: “...the contractor will be responsible for installing erosion sediment control measures consistent with the state's requirements,” Nelson said. She noted the array is planned outside the 100-foot regulated wetland adjacent area and that, in the town's view, construction impacts to surface water would be temporary and mitigated once revegetation is established.

Local residents spoke during the public hearing. Barry Garland submitted a written packet and said in person, "we think the solar array is a mistake," and urged that the town not serve as lead agency for the environmental review: "we're opposed to you being the lead agency," he said. Another resident, Joanna Dupee, said walkers who use the nearby trails find the area scenic and asked the board to consider alternate siting.

After the hearing and consultant presentation, the board voted to adopt a negative declaration under SEQR and then adopted a determination of applicability under the Monroe balancing framework (the board cited County of Monroe v. City of Rochester factors) that allowed the town to proceed despite village or town zoning constraints, subject to standard building-permit safety provisions. The board also approved a resolution authorizing the supervisor to execute the NYSERDA grant agreement for $175,000 to support construction; the town previously received a separate $100,000 grant for interconnection upgrades.

Findings and mitigation cited in the record include: locating the panels in mined areas with disturbed soils, avoiding tree clearing, using erosion and sediment controls during construction, designing fence openings to allow wildlife passage, and siting the panels in the low area to reduce visibility from Route 9 and some trail viewpoints. The project record notes the array will be “partially visible” from the Pickingham Trails and partially visible from the Hendrick Martin stone house (listed on the National Register) but that agricultural and farm structures and existing vegetation provide partial screening. The town received a written response from the State Historic Preservation Office (SHPO) indicating no archaeological sensitivity was identified on the disturbed portion of the parcel.

Other votes and resolutions - Waiver of moratorium for property in Rhinebeck (Resolution No. 119): The board received zoning and building-department correspondence and, with no public opposition at the hearing, moved and passed a resolution granting the hardship waiver so the project applicant may proceed. (Vote: board voice vote recorded as in favor; formal tally recorded in minutes as passed.)

- SEQR negative declaration for the Cooking Ham West solar project (Resolution No. 120): The board classified the project as an unlisted action under 6 NYCRR 617 and found no significant adverse environmental impacts following the Part 2/3 review. (Vote: passed.)

- Monroe balancing determination / applicability of village/town zoning (Resolution No. 121): After reviewing the nine Monroe factors (nature/scope of the project, regulatory effects, public interest, alternatives and intergovernmental participation), the board found the project may proceed subject to building-permit safety requirements. The board discussed interconnection constraints and noted that feasible alternative locations are limited by available three‑phase distribution lines. (Vote: passed 5–0.)

- Authorization to execute NYSERDA grant contract (Resolution No. 122): The board authorized the supervisor, or deputy in his absence, to execute the NYSERDA grant agreement and related certifications. (Vote: passed 5–0.)

- Fire service agreements for 2025–26 (Resolution No. 124): The board opened and closed a concurrent public hearing on proposed fire-protection service agreements with the Village of Tivoli and the Red Hook Fire Company, thanked volunteer firefighters, and approved the two-year agreements. (Vote: passed 5–0.)

- Extension of Dutchess County shared services agreement for purchasing (Resolution No. 126): The board authorized extension of the municipal agreement that allows the town to participate in county purchasing and cooperative procurements. (Vote: passed 5–0.)

- Amendment to intermunicipal agreement with Village of Red Hook for proposed sewer district (Resolution No. 127): The board approved an amended inner-municipal agreement to codify the town’s commitment to apply ARPA funds toward capital construction costs for a proposed traditional-neighborhood sewer district. The amended Exhibit A shows the amount to be used from ARPA funds in the packet (listed in the board materials as $554,206.23). (Vote: passed 5–0.)

Next steps and deadlines The board continued public hearings on Local Law D (zoning-code amendments) and Local Law E (cannabis retail dispensary regulation and public smoking/vaping rules) to Dec. 30 at 7:30 p.m., and asked staff to publish notices. Planning-board chair Sam Phelan told the board the planning board will submit formal comments on the draft zoning changes for the board’s Dec. 30 meeting.

The town also indicated it will submit an expression of interest to the New York State Environmental Facilities Corporation (EFC) to participate in Water State Revolving Fund financing for the sewer project and signaled intent to seek financing or grants for design and construction in the coming funding cycles.

Quotations "The array would actually be set down below the level of the ground surrounding it," said Brandy Nelson, engineer, explaining siting and visual mitigation.

"We think the solar array is a mistake," said resident Barry Garland, who urged the board not to be the lead agency for the review.

What the board did not decide The board adopted the SEQR negative declaration and the Monroe balancing applicability decision, but final site plan approvals, building permits and any vehicle for final interconnection work with the utility remain to be completed before construction starts. Any conditions or mitigation spelled out in final permits will be set during the town’s subsequent approvals and in coordination with state agencies.

Ending The town clerk and supervisor said supporting documents and referral letters will remain available for public review at Town Hall and on the town website before the Dec. 30 continued hearings.