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Planning board conditionally authorizes hand‑felling of trees for SR‑94 solar project amid tight deadline
Summary
Goshen planning officials agreed to let the solar project’s new owner begin hand‑felling up to roughly 4.6 acres of trees before a March 31 environmental window, provided the applicant posts a performance guarantee, submits a stamped survey showing the area is under five acres, and delivers an indemnification agreement acceptable to town counsel.
Goshen’s planning board on a close vote authorized a conditional process to allow hand‑felling of trees at the SR‑94 solar site so the new owner can meet an existing environmental clearing window. The clearance request affects a 60.7‑acre parcel; the applicant provided two figures for trees to be removed (4.38 acres on a plan and 4.6 acres in a survey update) and said it would limit work to hand felling, leave felled trees in place, and avoid mechanized grubbing or soil disturbance.
The item’s presentation was led by Jim Maslow of the project team, who said the most recent in‑field survey confirmed “4.6 acres of trees being removed” and that the work would be limited to chainsaws and hand felling to avoid triggering SPDES/MS4 construction stormwater requirements. He told the board the contractor’s estimate for the tree work is about $55,000 and that the team will follow the existing NYSDEC wetland permits for the property.
Board members raised concerns about erosion, site stabilization, long‑term site security and the risk that cleared land could be abandoned if the project falters. One member summarized that a large area “once cut, it’s not going to be replaced” and urged robust financial assurance. Town staff and counsel agreed the town’s clearing definition differs from DEC’s: DEC allows hand felling without immediate SWPPP coverage in some circumstances, while the town’s code treats removal or significant disturbance of vegetation as “clearing.”
To proceed, the board required the applicant to provide a signed-and-sealed survey demonstrating the clearing area is under five acres; to flag and fence wetlands and the clearing boundary to the building inspector’s satisfaction; to submit a hold‑harmless/indemnification agreement acceptable to the planning-board attorney; to file executed contracts for the clearing that reference Chapter 53; and to post a performance guarantee (letter of credit, certified check, or bond) in a form acceptable to the town. The board directed staff and counsel to draft a resolution reflecting those conditions and authorized the chair to finalize the paperwork once requirements were satisfied.
The board and applicants also discussed timing: the applicant asked to begin early in the week so felling could be finished by March 31; board members said the written materials and financial assurance must be in hand and accepted by staff and counsel before the first tree is cut. The board emphasized that if the required items are not received and accepted prior to clearing, the authorization will not take effect and the applicant must wait for the next allowable clearing window.
Next steps: the applicant must deliver the sealed survey, a performance guarantee and an indemnification agreement acceptable to counsel; staff will review the submissions and, if they meet the board’s conditions, counsel will finalize the resolution authorizing limited hand‑felling.
