Busti Town Supervisor Jesse Robbins (center) honored Southwestern Central School junior Drew Tracy (back left) on the completion of his Eagle Scout project renovation during Monday’s town board meeting. Joining Tracy and Robbins were, Misty and Jack Allen (left) and Brian and Alex Pashkow (right) who assisted in the project. P-J Photo by Cameron Hurst

BUSTI — After engaging in a public hearing, the Busti Town Board adopted minor changes to a local law that would enact regulations for solar energy systems during its meeting Monday night.

During the session, the board heard from Adam and Nathan Rizzo of Solar Liberty, a company that installs, sells and leases solar panel energy systems for homes, businesses, schools, universities, municipalities, non-profits and other facilities and properties based out of Buffalo. Paul Lavoie, general counsel for Solar Liberty, also presented some changes the company had suggested the town amend in its law.

“We very much appreciate the acceptance of the law,” Lavoie said. “There are a couple things that we would like to call attention to. This is a very cost sensitive business and margins are very tight. So, feasibility is important. There are some requirements that could negatively impact and so we just want to make some suggestions.”

After the Rizzos and Lavoie presented their changes in discussion with board members, town attorney Joel Seachrist noted that the suggested changes were within the board’s right to make because they were not substantive.

“The town board, once it schedules a public hearing cannot makes substantive changes to the law,” Seachrist. “In my opinion, none of these changes are really that substantive. They are minor and I think the board can proceed with the law.

Changes made to the law included the addition of a new subsection requiring the submission of a map that shows soil types underlying the system and a narrative explaining how the planning avoids a disturbance of farm land; increase the width of vehicular path from 15 to 20 feet and add a lane requiring an additional three feet of clearance from the main access point; the fence will stay at least seven feet high including barbed wire rather than a minimum of eight feet and that the town clerk be in charge of overseeing the law’s regulation

Seachrist did note that county officials did comment on the measure, noting that they did not object to the law, but made some comments with regard to farmland.

“They suggested that we put some language in there that would protect prime farmland,” he said. “In consultation with (board members), I added the language.”

One suggestion made from Nathan Rizzo included amending the law to allow 250 killowats of power.

“If we were to change it to 250 killowats, how many square feet of panels?” Seachrist asked.

“From a ground perspective that’s about an acre,” Rizzo responded. “For a 25-killowat system, that’s about 100 solar panels and that’s relatively small. Maybe language on a system’s size that would offset the consumption based off that parcel. It may be better language.”

Seachrist suggested that Rizzo submit his suggestions in writing to the town board.

“Our intention is not to prohibit people from building small systems on their land,” Seachrist said.

Added Councilman Todd Hanson: “If someone had a system that was on the small end of the scale, that goes back to feasibility. Even if you’re talking about 100 panels, if that’s a residential neighborhood that can be seen by a neighbor next door. That’s what we’re trying to avoid. I would just assume that we leave the law as it is, but if someone has 100-acre place with a mansion on it and they want to put 100 solar panels in their backyard where nobody can see them, then bring us the application and show us that it’s not an issue and I think that’s the intent. The intent is not to stop it, the intent is to cover everything in such a way that we’re not letting people through the cracks just to do things. … We just want to make sure that we go through the proper review before we do it.”

After discussion, the council members approved the changes unanimously.

Prior to the public hearing, town clerk Darlene Nygren recommended the board cancel its Sam’s Club membership.

“Anything we purchase for the town, we can get through Amazon,” she said. “That being said, I would like to create an Amazon Tax Exempt program account. I know that there are other towns that have this and other town clerks that have this and they have been able to order and there is no fee for shipping. That’s my recommendation.”

The board approved the motion unanimously.

Before the formal meeting at the town hall, the board met at Earl W. Lawson Town Park to honor Drew Tracy, a Southwestern Central School junior, who engaged in a playground renovation as part of his Eagle Scout projcet for the Boy Scouts of America. Tracy presented town supervisor Jesse Robbins with a check, donating leftover funds from the fundraiser to the town.