ZBA schedules public hearing for Millburn Road solar arrays after initial presentation and SECRA negative declaration

A developer seeking to build community-scale solar on about 58.9 acres on Millburn Road presented to the Zoning Board and asked the board to consider three area variances produced by a proposed internal lot division. Attorney Ari Goldberg and John Hurley of Solar Energy Partners said the planning board has issued a negative declaration under SECRA, allowing the zoning board to address area variances tied to a new internal property line; the company proposes two separate 5-megawatt arrays so the project qualifies for NYSERDA incentives.

Goldberg said the variances are internal to the applicant—s parcel and argued they will not detrimentally affect adjoining properties; the applicant also described a large mitigation package and said crews have already planted 158 arborvitae at the southwest corner to reduce visibility and glare. Board members probed whether splitting the property would leave an access road bisected by a lot line and discussed whether variances should be conditioned on decommissioning measures and bonds; the applicant said the decommissioning plan and bond would obligate the town to remove facilities at end of life if the owner could not.

After hearing questions and requests for additional visual simulations and a review of alternatives (including shifting the internal lot line), the board voted to set a public hearing for Dec. 16 at 7:30 p.m. and asked the applicant to provide the visual-impact materials and to consider whether the lot-line configuration can be adjusted ahead of that hearing.