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Town of Union Board issues SEQR negative declaration for Titan Agrivoltaics; rezoning hearing set
Summary
The Town of Union Board adopted a SEQR negative declaration for the proposed Titan Agrivoltaics project, deciding not to impose conditions tied to private agreements, and called a public hearing June 19 to consider rezoning 8.83 acres for a PUD. The action passed unanimously.
The Town of Union Board on June 5 adopted a negative declaration under the State Environmental Quality Review Act (SEQR) for the Titan Agrivoltaics preliminary development plan and scheduled a rezoning public hearing for June 19, 2024.
Town Attorney Alan J. Pope summarized Parts 1 and 2 of the environmental assessment and supplemental materials provided by the developer and told the board that privately negotiated agreements between residents and the solar developer could not be imposed as conditions on the SEQR determination. "We cannot make private agreements a condition," Pope said, while noting the developer had submitted a stormwater pollution prevention plan (SWPPP) and other materials he described as thorough.
The board voted unanimously to declare a negative SEQR determination without conditions and authorized the Town Attorney to prepare the Part 3 written determination for the Supervisor's signature. Resolutions calling the June 19 rezoning hearing (to consider rezoning an 8.83-acre portion of 1215 Rhodes Road to PUD and merging it with 10 Kot Road) were also adopted unanimously.
Resident John (Rhodes Road) asked whether existing projects would be grandfathered under proposed changes to the solar local law; Town Attorney Pope said fee-structure changes will be addressed in a separate amendment and that exemption requests could be considered for projects believed to be between the old and new rules. The board accepted a letter from Alec R. Gladd, attorney for LSE Titan LLC (doing business as Lodestar Energy), requesting exemption for the Titan project from new local-law requirements.
Terrence Nolan, representing Lodestar, thanked the board for the SEQR action and acknowledged that private discussions with residents would not become SEQR conditions. The Town Attorney and board members said any rezoning conditions could be considered during the rezoning hearing and later in the Planning Board review.
The SEQR resolution and the rezoning hearing call passed with all members present voting yes. The board noted that additional ordinance amendments — including changes to fee structures for solar applications — are expected to be considered separately.
The rezoning public hearing is scheduled for June 19, 2024. The Town will accept public comment at that hearing and through the record established for the rezoning process.
