Goshen ZBA keeps Millburn Road solar hearing open after extensive resident opposition; adjourns to March 3
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Summary
Solar Liberty Energy Systems seeks three area variances tied to an internal lot line for a roughly 10 MW installation at 18 Millburn Road; residents cited water, fire, wildlife, visual and property-value concerns. The ZBA left the hearing open and scheduled a March 3 continuation.
The Town of Goshen Zoning Board of Appeals on Feb. 3 heard more than an hour of public comment on Solar Liberty Energy Systems’ continued application for area variances at 18 Millburn Road and adjourned the public hearing to March 3, 2026 at 7:30 p.m.
The applicant requests three area variances under the town code: relief from §97-55(e)(2) to place solar panels about 15 feet from an internal property line where a 100-foot setback is otherwise required; relief under §97-55(f)(12)(d) related to fencing and setback where an internal lot line crosses the fence line; and relief under §97-40(c)(4) to permit an existing driveway to sit at an internal property line rather than meet a 10-foot side setback.
Dan Kruskowski, attorney for the applicant, told the board the project includes two arrays of roughly five megawatts each and that a proposed subdivision line and an internal access road create the need for the requested variances. Kruskowski and developer John Hurley said external setbacks to neighboring properties meet the code, that the project underwent a planning-board review and that the planning board issued a negative declaration under the State Environmental Quality Review Act (SEQRA).
More than a dozen residents described a range of concerns. Paul Cammerreri (53 Scholes Terrace) urged the board to treat the hardship as self-created, saying the applicant’s plan to split the site is driven by state incentive and tax-credit structures. ‘‘This claim hardship is self created,’’ he said, arguing alternatives exist that would respect zoning while reducing incentives-driven pressure. Multiple residents raised environmental and water-supply concerns, noting the site sits in watersheds that feed the village reservoir. Former village water commissioner Matthews said the project could affect the water supply and cited risks from panel contaminants and long-term disposal. Cathy Naviglio warned about fire risk and questioned whether local fire services could access a fenced array and access road. Several speakers cited potential property-value declines and the visual effect of a large fenced array.
Owner John Hurley said his family owns the property, that the project can be built responsibly, and that the site’s interconnection capacity supports a 10 MW installation. He also said the team is developing an operation-and-maintenance plan and plans for dual use — including grazing and pollinators — and that additional planting will be used to mitigate visual impacts.
Board members pressed both sides on precedent and whether state incentives effectively create a ‘‘self-created’’ hardship under the five-factor variance test. Several members said issuing variances is consequential and could affect future applications; others noted the planning-board environmental review and emphasized that site-plan and special-permit issues lie outside the ZBA’s limited variance review.
The ZBA voted to adjourn (keep open) the Millburn Road public hearing to March 3 to allow further written comments and for parties to refine materials. The board encouraged residents to submit coordinated written comments to the building department and said it will apply the statutory balancing test before any decision.
The public comment period remains open until the adjourned hearing; the ZBA did not take a final vote on the variances tonight.
