Cortlandville Town Board Implements 6-Month Solar Moratorium – Denies Aquifer Protection Permit For DG Riley Road Solar Project

The Cortlandville Town Board voted unanimously to adopt a resolution implementing a 6-month moratorium on the acceptance and approvals of new applicants for solar projects within the Town of Cortlandville. The Town Board’s approval comes just one day after the town planning board voted unanimously to recommend the moratorium following changes in the original local law of the moratorium.

Those changes in the moratorium were provided by Keegan Coughlin of Coughlin and Gerhart, who the town had hired due to a conflict by Town Attorney Fran Casullo. Coughlin noted the language in the local law removed specific exemptions of solar projects from the moratorium, which were DG Riley Road,LLC and Crown City Solar, and to exempt projects who have obtained a conditional permit by the town.

Reasoning to why the Town of Cortlandville implemented a moratorium on solar energy projects is to allow the town adequate time to study and analyze multiple considerations relating to the local impacts of the siting, construction and operation of solar energy systems and then time to draft and implement legislation relative to the compatible zoning of such uses and the development of the solar projects.

The last time the town amended their zoning laws relating to solar energy projects was back in 2022 and since then, technology, development, and number of solar energy projects has changed and grown.

The moratorium will take effect immediately upon filing in the office of the Secretary of State of New York, according to the resolution, and remain in effect for 6-months, unless the town decides to extend the moratorium.

Additionally during last night’s Town Board meeting, the board voted to deny issuing an aquifer protection permit for DG Riley Road, LLC, who looked to construct a 5 megawatt solar field with a 15 megawatt battery energy storage on site at 5051 Forbes Road. The denial came after a privilege of the floor period in last night’s meeting where residents again voiced their support for a moratorium and their concerns on the number of solar projects within the town that have brought multiple issues, primarily flooding.

One resident who spoke asking the board to deny the aquifer protection permit was Matthew Smith, who lives across the street from the current solar field on East River Road. He spoke to the board about the loss of the beautiful scenery, lack of a view shed (that was required for the project), and the water runoff that affects his property. He added that he has seen no benefit from the solar project across the street from his house.

Another speaker was Cortland County Legislator and Village of McGraw Mayor, Joe Nauseef, who added to the flooding concerns, noting runoff from the hill already causes flooding issues within the Village of McGraw and removing pervious land would only add to the flooding issue at hand, but also raised the fire risk concern of solar fields located on sloped areas in rough terrain.

Town Councilmember Glenn Reisweber asked for clarification in the resolution on the conditions implemented by the County Planning Board and also the Town Planning Board for the DG Riley Road project. Representing the town for the project, Tom Fucillo, provided clarification on the resolutions, which included the requirement of the project following new fire regulations that will take effect at the start of the new year. Councilmember Sunday Earle asked Fucillo if there was any possibility to make a condition the developer of the project provide the needed equipment to the Cortlandville Fire Department in the event of a fire, something Fucillo believed was not an unreasonable request due to the nature of the situation.

Looking at more answers are still needed, Reisweber made a motion to table the issuance of the permit to DG Riley Road, however, Councilperson David Donlick requested the Town Board make a final decision and vote. Councilpersons Donlick, Earle, Guido, and Reisweber all voted “No” on the issuance of the aquatic protection permit, Town Supervisor Leach abstained due to a potential conflict.