08/27/2026
Notes from yesterday's special town board meeting:
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The Town Board spent considerable time reviewing the first draft of a proposed local law regulating solar energy systems. Supervisor Park emphasized that this is still a work in progress and asked members to review the 44 page draft (https://townofhomerny.gov/download/81/8-august/12228/draft-solar-law-town-of-homer) and provide comments before the next meeting.
Planning Board Chairman Mike McMahon, who is also on the countyโs task force that drafted the template law that the town is using, went over some specifics and possible changes, particularly regarding which responsibilities should fall to the Planning Board versus the Code Enforcement Officer, or outside engineers or consultants. He also proposed protecting agricultural soils in categories 1โ5 rather than 1โ4, which would still leave approximately 21,000 acres in Homer potentially available for solar development. You can see the NYSERDA map of agricultural soils in categories 1-4 here: https://arcg.is/KjzyP0
The board discussed the scope of the proposed law, which would apply to projects up to 24 megawatts; larger projects are subject to state-level regulation. There was also discussion about the significant limitations of the Townโs authority over larger solar projects under NYS law.
Code Enforcement Officer Kevin McMahon, who also works with solar projects in neighboring towns including many in Cortlandville, shared some of the issues Cortlandville has encountered with existing solar installations, including noise from inverters, maintenance of vegetation and screening, and compliance with approved site plans. He emphasized that the Town should view the law as a โliving documentโ that can be updated as the community gains experience with solar projects.
The board also discussed whether there is a point at which the Town could reach a โsaturationโ level of solar development. The discussion ultimately focused on electrical infrastructure as a significant limiting factor, since solar projects need adequate transmission capacity to connect to the grid.
The board plans to continue reviewing the draft and potentially revise it before taking further action. Residents were encouraged to read the proposed law and submit comments to the Town.
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The board then returned to the issue of converting seasonal roads to year-round maintained roads. Two proposals were discussed side by side: a proposal submitted by landowner Larry Jones (https://townofhomerny.gov/download/81/8-august/12226/seasonal-town-roads) and a draft developed by the Townโs committee (https://townofhomerny.gov/download/81/8-august/12229/draft-2-local-law-seasonal-road-conversion). Side note- the townโs committee was originally board members Sarah Head and Caleb Leach, and although it was not specifically stated, it seems that Leach may have been replaced by board member Branden Brown.
The fundamental difference between the two proposals is who gets to decide whether a seasonal road is converted. Jones's proposal would establish a dedicated fund for road conversions. When a property owner wants to build on a seasonal road, the proposed process would determine the cost of bringing the road up to the required standard and compare that cost with the funds available. If there is enough money, the process could move forward without the Town Board having to make a case-by-case discretionary decision. Jones said his goal is to establish a predictable process rather than having decisions depend on the makeup or preferences of a particular Town Board.
The Town's proposal takes a different approach. It would formally establish a process under which the Town Board retains discretion to approve or deny a conversion after considering factors such as road conditions, emergency access, anticipated development, estimated costs, available funding and recommendations from the Highway Superintendent. The draft also recognizes that some roads or portions of roads may require substantial improvements before they can safely receive year-round maintenance.
A significant portion of the discussion focused on safety, not simply cost. The board questioned whether every seasonal roadโor every section of every seasonal roadโcould actually be upgraded to a standard that would allow safe year-round access for emergency vehicles. The Highway Superintendent will be brought into the committee's further discussions to help evaluate the condition and potential cost of upgrading the various seasonal roads.
The board also discussed whether a property owner could be required to pay some or all of the cost of upgrading a road needed to access a new home. The Town Attorney indicated that mechanisms such as a performance bond may be available under state law to protect the Town from being left responsible for the cost of improvements.
The two proposals will be sent back to the committee for further consideration, with the board asking the committee to work toward a revised proposal before returning to the issue.
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Planning Board chairman Mike McMahon provided some historical context, explaining that Homer previously allowed smaller lots and that the current 2.4-acre standard was largely driven by concerns about groundwater, septic systems and protecting the aquifer.
There was considerable discussion about whether 2.4 acres is still necessary. The board discussed the possibility of reducing the minimum lot size, potentially to one acre or 1.5 acres, while maintaining additional protections in areas over the aquifer.
One of the most significant pieces of information discussed was the experience of local agricultural and water-quality monitoring. A long-term water sampling project was described that monitored wells along Route 41 for more than two decades. The discussion raised concerns about the relationship between residential development, septic systems, lawn chemicals and groundwater quality, particularly over the aquifer.
The board also discussed the possibility of establishing different minimum lot sizes in different areas of the Town, depending on factors such as soil conditions, proximity to the aquifer and availability of municipal water and sewer.
There was also discussion about road frontage requirements. Homer historically had a minimum road frontage requirement but the current zoning code instead focuses on lot width at the front setback.
The board did not make any final decisions on minimum lot size. To be continued.
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