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Board presses for geotechnical and FEMA data before considering cannabis cultivation and solar project on "black dirt" land
Summary
A proposed 7,500 sq ft indoor cannabis and processing facility with ~3 acres of ground‑mounted solar drew board concern over Muskego muck soils, FEMA floodplain compliance and whether wetlands/Ag & Markets rules apply; the board requested geotechnical testing, FEMA mapping and agency referrals and set a site visit.
At the July 15 meeting the Planning Board reviewed a site plan and special‑use permit application from HPS Farm for a 7,500‑square‑foot building and about 3 acres of ground‑mounted solar on a roughly 26.7‑acre parcel in the AI zone at Murray and Swan Streets.
Chair read engineering comments that flagged two central technical requirements: FEMA floodplain mapping to demonstrate how the project will comply with floodplain building rules, and geotechnical testing to show that the on‑site Muskego muck/organic soils have sufficient bearing capacity. "Applicant must provide soil testing and a geotechnical report to demonstrate that the soil has a load bearing value that would allow the improvements proposed," the chair read from staff comments.
Applicant representatives (Brian Friedler of Friedler Engineering) said they have engaged a geotechnical engineer and can submit the required report. Board members expressed concern about building on the area commonly called "black dirt," noting examples of sheds and small buildings that have failed or settled in similar soils and raising questions about whether finished‑floor elevations would have to be raised several feet above flood elevation.
Board professionals recommended obtaining feedback from the New York State Department of Environmental Conservation (DEC) and from the State Department of Agriculture & Markets on whether the proposed combination of cultivation, processing and on‑site solar constitutes an agricultural use that could change permitting needs in wetland areas. Members also raised electrical and grounding concerns for photovoltaic installations in organic soils and the potential additional cost of deep foundations.
The board did not grant approvals. Instead, members directed applicants to submit FEMA floodplain mapping, geotechnical data and clarifications on wetland and agricultural permitting; the board scheduled a site visit for Aug. 10 to inspect the property before any further action.
What happens next: Applicants will supply the geotechnical and FEMA materials and seek agency determinations where indicated; the planning board’s professionals will evaluate those materials before any vote.
