TOOLKIT AND VIDEO – Residents of Ulster County and ‘G’ Zone Counties: Temporary Moratorium on Fossil-Fuel Power Plants To Address Zoning.

By Rebecca Martin

Last evening, approximately 150 people attended our public forum and community BBQ “Living in the ‘G’ Zone: GlidePath, Peak Power and Ulster County.

We learned that residents of Ulster County and vulnerable communities throughout the ‘G’ zone have no time to waste to address 25 MW fossil fuel power plants (where local communities have oversight) in their zoning ordinances.

As promised, we have created action items for both Town of Ulster residents AND all Ulster County residents and all of those living in the ‘G’ zone.

Video and PowerPoint from both presentations are available following our step by step actions.

We would like to keep track of the communities who pursue this information, so please send any updates to Rebecca Martin at rebecca@kingstoncitizens.org


Additional Resources
:

1.  VIEW  Ulster County Executive Mike Hein Statement re: GlidePath.

2. VIEW Coalition Letter to Town of Ulster: Temporary Moratorium on Power Plants to Address Zoning Code.  

 

TOOLKIT: Step by Step to Address Zoning and Peak Power Plants
This resident action was made possible by the generous support of Scenic Hudson, Citizens for Local Power and KingstonCitizens.org

 

ACTION FOR TOWN OF ULSTER RESIDENTS

Urge your municipality to place a moratorium on fossil-fuel burning power plants while they consider zoning that specifically addresses power plants.

The next Town of Ulster Town Board Meeting will occur on Thursday, August 16th at 7:00pm at the Town of Ulster Town Hall, 1 Town Hall Drive, Lake Katrine, NY.

1.First, in towns, zoning Must Be Consistent with Comprehensive Plans (NYS Town Law §  263)

2.Please request that the Town of Ulster Supervisor and Town Board adopt a temporary moratorium on construction of power plants while it considers zoning that specifically regulates power plants.

3.Demand that the town Supervisor and Town Board publicly state whether they consider the GlidePath project a “utility company structure” permitted as-of-right in the OM zone as GlidePath has been claiming.

 

ACTION FOR ULSTER COUNTY RESIDENTS AND ALL LIVING IN VULNERABLE AREAS IN THE ‘G’ ZONE. (Ulster, Greene, Orange, Dutchess, Rockland, Putnam Counties).

To ensure that your town doesn’t end up with a gas-fired power plant proposed just feet from a residential neighborhood, urge your municipality to place a moratorium on fossil-fuel burning power plants while they consider zoning that specifically addresses power plants.

Smaller “peaker” power plants (25 MW or less) are primarily under jurisdiction of local governments, and not “New York State” and are going to become increasingly prevalent throughout the Hudson Valley.

Most municipalities do not have zoning specifically regulating power plants.

Q.  Should power plants be allowed at all in our town? Would prohibiting them constitute impermissible exclusionary zoning? 

Not necessarily. NYS courts have stated that municipalities can ban industrial uses as long as prohibiting a use is a reasonable exercise of its police powers to prevent damage to the rights of others and to promote the interests of the community as a whole.
(Gernatt Asphalt Products v. Town of Sardinia)

If power plants are permitted in your town, how should our zoning regulate them?  They should only be permitted:

•In heavy industrial zones that are designated for uses that generate significant noise, traffic or pollutants and are far away from important environmental areas and residences;

•With a special use permit;

•Subject to strict conditions related to noise, stack height, etc.;

•Subject to minimum lot size and coverage (subject to underlying zoning requirements or can create specific new standards); and;

•With an enforceable decommissioning plan requiring restoration of the site to original condition or better.

 

VIDEO #1: “Living in the ‘G’ Zone: GlidePath, Peak Power and Ulster County.”

1:16 – 15:02
County Executive Mike Hein
“You’re here because you care about something that is fundamentally wrong and stopping it…your county executive is going to fight like hell to push back on this.”

15:10 – 17:55
Amanda LaValle, Department of the Environment, Ulster County
“Executive Order #2 of 2018 speaks to Ulster County’s commitment to renewable energy and insuring more renewable projects like the Town of Ulster Solar Landfill project, as well as to further reduce greenhouse gas emissions from our operations and going further to expand with a community emissions reduction goal of 80% over the 2012 baseline by 2050.

18:01 – 23:13
Laura Hartmann, TownOfUlsterCitizens.org
Welcome and Thanks

23:15 – 30:00
Rebecca Martin, KingstonCitizens.org
Welcome, Coalition Partners and Panel Opening

30:38 – 53:25
Evelyn Wright, Citizens for Local Power
Please follow along with her powerpoint available HERE

Solutions to GlidePath’s peak power plant proposal in the Town of Ulster:

1.Serve the distribution system: Non-wires alternatives. ConEd is actively looking for storage developers for projects downstate.

2. Hybridize existing peaker plants. NYS has 3000 MW of very old, very dirty peaker plants that need to make changes to meet new air regulations (again mostly downstate).

3. Partner with an industrial or commercial site that can use some of the batteries’ services.

4. Storage-plus-renewables. Renewables do not have to be co-located on the same site in order to get state incentives!

5. Storage only. Actively participate in the evolving NYISO and NYSERDA/PSC processes that will change the storage market landscape over the next two years AND design a storage-one project that benefits from those incentives.

53:40 – end
Hayley Carlock, Scenic Hudson
Please follow along with her powerpoint available HERE

The role that local zoning plays with smaller power plants generally. Urge your municipality to place a moratorium on fossil-fuel burning power plants while they consider zoning that specifically addresses power plants.

Here’s how.

1. First, in towns, zoning must be consistent with “Comprehensive Plans” (NYS Town Law § 263).

2. If power plants are permitted in our town, how should our zoning regulate them?

They should only be permitted:

•In heavy industrial zones that are designated for uses that generate significant noise, traffic or pollutants and are far away from important environmental areas and residences;

•With a special use permit;

•Subject to strict conditions related to noise, stack height, etc.;

•Subject to minimum lot size and coverage (subject to underlying zoning requirements or can create specific new standards); and;

•With an enforceable decommissioning plan requiring restoration of the site to original condition or better.

 

VIDEO #2:  “Living in the ‘G’ Zone: GlidePath, Peak Power and Ulster County.”

Hayley Carlock, Scenic Hudson (Continued)

00:00 – 1:35
ToU History on Solar Moratorium.

1:36 – 4:03
Action for Town of Ulster Residents

4:04 – 10:06
Action for Residents if you don’t live in the ToU.

10:07 – 12:46
Update on GlidePath and SEQR process

13:00 – End
Question and Answer period

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