Hudson National Golf Club and Matrix Development, LLC filed an Application for a Special Permit to install an Industrial Solar Farm on scenic steep slopes overlooking the Hudson River over 2 years ago.  On its face, there is much about this Solar Farm project that would have justified denial shortly after the Application was filed. It is primarily for the financial and energy benefit of HNGC and Matrix,  yet detrimental in so many ways to this Village, its residents and natural resources.  It is not "Green" and violates our Village's essential environmental laws. It is also not consistent with our Comprehensive Plan, and is an attempt to extinguish the previously agreed-to No Disturbance restrictive covenant relating to the proposed Solar Farm site. That valid and existing covenant was intended to ensure that the land would remain untouched to develop and exist as a forest and wildlife habitat, and was a condition of HNGC being granted its original permit by Croton-on-Hudson over 22 years ago! 

 

It completely flies in the face of what we have come to expect about what it really means to be environmentally conscious these days. That is also the case with other submitted HNGC projects where the expectation seems to be that our environmental laws and processes do not need to be followed.  Because in order for this Application and those other projects to be approved, our Village Officials would, in effect, be proactively giving HNGC and/or Matrix permission to proceed without proper vetting, without the invaluable oversight, scrutiny and input of the Village Planning Board, with the valuable insight and recommendations of the Conservation Advisory Council, Planning Board and Waterfront Advisory Committee being ignored, or the Village Officials would be giving HNGC/Matrix permission to violate numerous important protections in each of those laws and permission to destroy our environment and natural resources, including among so many things, the habitats of the abundant and diverse wildlife which will be displaced.   In fact, they would be giving HNGC and Matrix the right to violate the underlying intent and bases for why those laws were enacted in the first place.   

 

This has not made sense to very many of us, because it just doesn't make any sense! Our community knows that if this Application and project are approved, so much will be destroyed and lost that will not be able to be replaced... our essential trees, fragile slopes, scenic vistas, vulnerable wildlife and their habitats... our peace of mind, and sense of safety due to flooding, slope destabilization and potential mudslides.  And, there is very little to be gained for Croton or our planet, because this Application really isn't about saving the earth, it's about saving and making money for HNGC and Matrix ... and as a result Croton and its natural resources will suffer! 

 

Purpose of this Petition: 

• For our community to stand in our integrity as to what being pro-environment really means.
• To let our Mayor, Village Board, Village Attorney, HNGC, Matrix, their Engineer and experts know that what has been going on in our Village for the last 2 years on many levels in connection with HNGC/Matrix Applications and projects is not acceptable, and has nothing at all to do with saving the environment, global warming or climate change and must satisfactorily be addressed in accordance with our laws.
• To let our Mayor, Village Board, Village Attorney, HNGC, Matrix, their Engineer and experts know that true and accurate information is required by SEQRA and NYS law and is particularly important in connection with any high risk project such as this; and that the submission of, or turning a willful blind eye to, all of the false and misleading statements, misrepresentations, deceptive view study and other inaccurate information contained in or submitted in connection with the HNGC/Matrix Special Permit Application for 18+ months, or any other Applications or documents submitted to the Village, despite ongoing notification of concern by the Public, not only violates laws, but is also not acceptable because that is not acting in the best interests of Croton residents and their safety.  
• To let Hudson National Golf Club and Matrix Development know that destroying our environment and natural resources for their own self-centered purposes is not acceptable and will not be tolerated in our Village.
• To let our Mayor and Village Board know that allowing Hudson National to do that by violating environmental laws and inflicting such extensive damage, as well as visual blight on the Hudson Valley, is not acceptable, and that Croton deserves more and better from its leaders!

The stakes are high.  If HNGC and Matrix succeed in obtaining approval for their project from this Board, with continued support from those apparently more interested in profit and their investments in renewables, this will be a precedent that could wreak havoc on our environment and areas all along the Hudson Valley and our quality of life as we now know it.

Trees will be clear cut.  Forests will be fragmented.  Wildlife again wandering around looking for another habitat, as we are told incredulous tales of the stronger need for meadows with butterflies and bunnies!  With the precedent having been set, there are likely those already poised to seize that opportunity, as other communities have experienced to their detriment.  Over 2 years have passed and this Board still refuses to issue the righful denial. That's why our community must seize this opportunity to let our Village Board know now that anything less than a denial is not acceptable!

 

First ... Some Background:

The No Disturbance restrictive covenant requires that land to mature as open space in which the "natural process of succession to a mixed hardwood forest is allowed to progress and remain unaffected" as the "wildlife habitat develops and evolves unassisted and unimpeded."  This restriction was specifically put into place to apply to both the Upland Steep Slopes areas, as well as the Wetlands downhill from them, along with the other Limited Activities restricted covenants that were imposed to protect Croton’s natural resources. All of these restrictions are intended to prevent blatant destruction and disregard for our environment.

Limited Activities Map w. No Disturbance Restricted Areas

 

HNGC has a documented history of bad stewardship of our Village’s natural resources on all sides and disregard for the welfare of Croton’s residents and their property. This has been evident, not only by the pattern of destructive actions taken without obtaining proper permits combined with lax enforcement by Village officials, but also by the still unresolved and unremediated flooding caused as a result of those actions with great expense incurred by resident homeowners. 

There were multiple grounds for this solar farm project on steep slopes to have been denied outright!  In fact, there isn't much about this proposed project that is not in violation of at least one of our environmental laws or SEQRA, or inconsistent with the intentions of our Comprehensive Plan  It's about completely obliterating what the underlying purposes and intents are of our Steep Slopes, Tree and Wetlands Law. Croton residents are overwhelmingly in favor of responsible solar. But it is obvious from the 95% of residents showing opposition to HNGC's Application in their letters to the Board, that while this project cloaks itself in the Solar "flag," it not only is destructive to the environment, but those implementing it don't seem to care about that destruction... and that is perfectly obvious to our residents!!!

Despite the claims their alleged "scientists" and "ecology experts" have made to justify all that destruction, their assertions are counter to the real science of the U.N. and Global Climate Change experts fighting this irresponsible wave of deforestation, reminding all of us that while we need to look to solar for certain purposes, we cannot be short-sighted and clear cut acres of trees and forests and ruin our environment in the process. We need responsible solar.  But we also need our forests and trees to keep removing CO2 naturally, cooling the earth and communities, and contributing to our ecology in ways that no renewables can! People who advocate otherwise, such as HNGC and Matrix, do not care about the environment or natural resources of our planet and their ill-advised and ill-conceived solar farm project should not be put on the road to approval by this Board!

Croton Steep Slopes Law Ch. 195​

Croton Tree Law Ch. 208​

Croton Wetlands Law re affected by indirect clearcut, activities​

Croton Comprehensive Plan + Amendments

 

The HNGC/Matrix industrial Solar Farm is Not Responsible and neither would the Village Board be for approving it.  Responsible Solar involves not only responsible siting of solar farms in already disrupted areas, like brownfields, parking lots, roofs, etc., not on extremely steep slopes and prohibited from being appoved in residential areas, such as, in the recent amendments that the Town of Cortlandt passed and that our Village has not seemed inclined to think about.  It also requires that the people planning and installing, and the officials making the ultimate decisions to approve it,  can be trusted to have a clear intent, focus and committment to the health, safety and protection of the Public and all of our natural resources. 

Right now, we are losing on all fronts because "responsibility" in the objectives and process has not appeared to be a priority of HNGC, Matrix, the Village Board, our Village Attorney (who was HNGC's former attorney), HNGC's Engineer, or Chazen the alleged independent engineering consultants.   If the Board allows this Solar Farm project on this inappropriately steep site, the Board would be making the affirmative decision to allow HNGC and Matrix to unnecessarily and irresponsibly destroy our natural resources, damage residents’ properties, inflict visual blight along the scenic Hudson establishing a precedent for it to spread, and to destroy the habitat of the abundant and diverse wildlife known to inhabit this area (which HNGC and Matrix so irresponsibly deny even exist). 

Cortlandt Solar Law Amendments... Responsible Solar

 

This Industrial Solar Farm is primarily for the financial and energy benefit of the exclusive, private, multimillion dollar, Hudson National Golf Club and Matrix, whose ever changing sales pitches speak volumes about their true lack of interest in our environment!  It also comes with further tax benefits to HNGC and Matrix… that is in addition to the tax reduction and rebate HNGC was given just a few years ago as our current Village Attorney (HNGC’s former attorney) congratulated our Village Board for making that decision… and as we see our own taxes increase!   

 

The Pugh Administration and this Village Board have appeared to have this project on a path to approval from the start, willfully ignoring both their legislative mandates to act as stewards of our natural resources and to protect and preserve our environment, while also negligently and willfully ignoring all opposition and warnings coming in from our Planning Board (PB), Waterfront Advisory Committee (WAC), Conservation Advisory Council (CAC) and the Public. All while knowingly subverting the NY State Environmental Quality Review Act (SEQRA) process to do that.  

It has been obvious for over 2 years that this Board (except for Trustee Horowitz) has not been acting in the best interests of Croton, its residents, or even the residents of the lower Hudson Valley who will all be affected by the poor, misdirected, and irresponsible decisions they have been pushing to make. Siting Industrial Solar Farms on Steep Slopes is generally not advised and is unacceptable and will only lead to the types of unnecessary physical destruction and needless visual blight that could result in this Administration being the one that leaves a legacy of having ruined Croton! 

CAC Ltr in Opposition to HNGC Solar Project ​

WAC Ltr HNGC Project Not Consistent with LWRP 25 & 25A​

PB No Disturbance gives Denial Right (Par. E.) & other issues

 

The Problems:

HNGC’s Request for Subdivision and Attempt to Extinguish No Disturbance Restrictive Covenant is Breach of Its Agreement!

HNGC plans to do that with specious legal arguments (made by the same engineer who submitted numerous false and misleading statements and misrepresentations on the SEQRA submissions) that by subdividing, HNGC can somehow renege on its previous agreement with our Village to protect the land, steep slopes, forest, wildlife and their habitat, and HNGC would then somehow be able to disregard the No Disturbance restrictive covenant and be totally free to destroy and decimate all that they were previously bound to protect … all for their own financial gain! 

The fact that our Board sits by quietly while our conflicted Village Attorney (former HNGC Attorney) supports the HNGC Engineer's position is problematic enough. Her statement that the No Disturbance convenant "wasn't doing what it was supposed to do" makes no sense, when in fact it was doing exactly what it was intended to do, i.e., preventing the land from being disturbed, so that it could just be there doing nothing but maturing into forest and wildlife habitat.

But the fact that it is HNGC that is appearing to be attempting to breach its agreement with the Village, again with the passive, silent Board sitting by while HNGC's former counsel, now the Village Attorney advocates for HNGC's position, casts doubt on the whole process.  Particularly when there are Board members who have first hand information as to the statutory mandates imposed on the Village to protect our natural resources, and how important that has been in Croton's enactment of its environmental laws. More importantly, there are those Board members who have first hand information on the intent of "No Disturbance" and "Limited Activities" restrictions in the agreements the Village entered with HNGC, and the many statements in many documents over the years regarding the Village's concern about maintaining and protecting its open spaces!  

 

Numerous Significant Adverse Impacts -- This Solar Farm Will Do More Harm to the Environment Than Any Advantage It Purports to Offer!  

HNGC and Matrix are planning to clearcut approx. 600 trees on 7 acres comprised of Steep Slopes classified as “Very” to “Extremely” (35+%) steep. It is known that this type of excessive disturbance on these types of Steep Slopes will destabilize our steep slopes, and increase the risk of flooding, erosion, mudslides, even potential collapse of slopes in severe weather, and damage to residents and their properties. It is anticipated that it will also further exacerbate the still unresolved flooding HNGC has already caused throughout the years by engaging in unauthorized tree removal and other activities without a permit. That led to extensive property damage and expense to neighbors and fellow Croton residents. It will also destroy wildlife habitats, release huge amounts of already captured CO2 back into the atmosphere, decimate the existing biodiversity and affecting important quality of life by destroying scenic vistas and causing visual blight.

Public Letters, Submission & Comments 11/3/21​

Public Letter, Submission & Comments 12/17/21

 

Dangers of Fire Risks Are Very Real ... They Are Not Being Transparently Revealed or Addressed!

It is widely known that solar farm fires have been underreported as they just show up as “Other” on reports. HNGC and Matrix have not been transparent about the extent of adverse impacts their self-centered project will impose on Croton and its residents, and the risk of fire is one of great concern.  The potential for fires breaking out from the Solar Farm photovoltaic panels, batteries, sparks, birds, complications of toxic gases and risks of fighting these fires, such as electrocution for first responders, and difficulties in accessing a solar farm that is up in flames inappropriately sited on extremely steep slopes, which appear to have been side-stepped by the Board, to date, have been brought up by the public and still need to be addressed. 

Risk of Fire and Dangers are Greater than we were Told!

 

There is Very Little Benefit to Very Few Croton Residents… Why Should We Be Forced To Be Taking These Risks?

This project will only be making energy available to just 150 Croton households who will be eligible to receive a discount of just 10% off the supply portion of their electric bill.  In exchange, Croton, its residents, our natural resources, and our wildlife will be bearing the risk and consequences of all the many significant adverse impacts flowing from this absurdly skewed and lop-sided “deal.”  We need  this question answered by the Board: "Why would the Board approve this?" and "Why would our elected officials force us to be taking these risks?" 

As mandated by our Village environmental laws and by SEQRA, our Village Board is mandated to protect all these resources from being destroyed for this and all future generations.  For 2 yrs, our Village Board has been heading down the road to taking those risks despite all the information and warnings they have been given.  On December 20, 2021, as News 12 Westchester reported outside Village Hall, some young students who are our future generation were there with their  Petition. They had circulated it among their generation, now protesting to voice their concern outside Village Hall before a Board meeting, and then directly speaking to our Village Board, as well ... they passionately stated their message, all the reasons not to cut down all those trees, but they, too, wanted to know, "Why would this be  happening?"

 

Village Board Is Not Acting in The Best Interest of Croton – Mitigation Package does not Mitigate Anything -- We Demand Accountability!

The Village Board’s handling of HNGC’s Application over these past 2 years has shown a dereliction of duty. It willfully ignored many blatant red flags, misrepresentations, false and misleading statements, conflicts, ethical issues, deviations of process, and substandard vetting, all while appearing to facilitate approval, when, in fact, denial was justified.

Any approval should require actual mitigation of the damage and destruction caused by this project. Matrix’s “Mitigation Package Offer” is just a proposed offer  that mitigates nothing!  The offer of a paltry $78,750 proposed to be paid into a fund for Village Street Trees, 250 10”-14” saplings planted near the solar panels that the deer will likely eat, some deer spray, and meadow grass seed mix, will not “mitigate” the extent of destruction being inflicted and does not justify an approval for this project to go forward.  Curiously, the amount of that package is around the amount that HNGC was refunded as a result of its recent Tax Certiorari settlement with the Village! 

Public Letters, incl info re Misrepresentations & False Stmts 12/20/21​

Public Ltrs & Challenge re Mitigation, Stormwater, Ecology 1/10/22​

Public Ltrs & Challenge to Misreps of HNGC/Matrix, Eng, Atty 1/31/22​

HNGC/Matrix Solar Application Project Page

 

Enough Is Enough ... The Time For This To Stop Is Now!

Croton's Village Board inexplicably gave the HNGC/Matrix Special Permit Application new life by putting it back on track to start the review process anew, without any indication that the original vetting problems have been addressed and conflicts and ethical issues resolved. This Application should have been denied long ago based on blatant violations of our environmental laws.

There were also ample grounds to deny based on all the false and misleading misrepresentations submitted and made as part of the HNGC/Matrix Application pursuant to SEQRA rules. Falsities that also violate engineering ethical rules. SEQRA also cautions that such false representations could also have formed the basis for Class D Felony charges for filing a False Instrument, particularly if such was made in connection with accepting NYSERDA funding which, it appears, was intended as stated in the Application and which would have happened upon this Board approving the Application containing such inaccurate, false and misleading information as the Board seemed intent to do for over 18 months as it was pushing forward on that trajectory. 

Instead of imbuing the process with some modicum of integrity and accountability for the misleading and deceptive behavior that went on for over 18 months in connection with a project that presents such high risks to this community even without all of the false misrepresentations, the Board decided to trust the apparent untrustworthy and "reset" the clock.  There really is no moral justification for that decision.  

Planning Board 2/7/22 Letter re Village Board Review Process

Then, just as inexplicably, while its Special Permit Solar Applications were in their state of unprecedented suspense, along came HNGC's latest Golf Course Restoration Project for which its "preference" was to avoid the Planning Board as the Approval Authority at all costs.  When HNGC found out that its Special Permit Solar Application would subject it to Planning Board review, it withdrew the applications.  To the extent such withdrawal was not in good faith and was with the intent to refile in the future, a ban on refiling of its Special Permit Solar and Subdivision Applications should be imposed now!! 

This is a project that will Destroy Croton!

 

Please add your name to this Petition!

PETITION AGAINST HNGC/MATRIX APPLICATION TO AMEND ORIGINAL SPECIAL PERMIT TO SUBDIVIDE and FOR SOLAR FARM SPECIAL PERMIT  

SEQRA, Croton's Environmental Laws and Comprehensive Plan mandate that the Village Board "act as steward of air, water, land and living resources and has the obligation to protect the environment for the use of this and further generations" and "protect, preserve and conserve our environment" Therefore:

The Board of Trustees or Planning Board must deny this ill-advised and ill-conceived plan because:

1)  It violates Village environmental laws and their underlying intent, is not consistent with our Comprehensive Plan, and the “No Disturbance” restrictive covenant that is a condition of HNGC’s original permits. Any approval would be in direct contravention of the mandate set forth in the Village’s Steep Slope and Tree Laws, as well as SEQRA; and

 2) HNGC and Matrix submitted false and misleading information in their SEQRA forms and submissions to the Board, which SEQRA states is grounds for Denial.

The Board must deny any request to lift the “No Disturbance” restrictive covenant or any of the originally agreed to “Limited Activities” restrictive covenants set forth on the Appendix VI Map incorporated into HNGC’s Environmental Management Plan or to subdivide HNGC property unless such subdivision requires those restrictive covenants remain in place.

IF THE BOARD REFUSES TO ACT AND FLAT OUT DENY THIS APPLICATION:   

The Board must hold itself fully accountable to the best interests of the Residents and Village of Croton and dutifully follow SEQRA guidelines and process, including without limitation: 

1) Effectively use the Full Environmental Assessment Form (FEAF) and process. The Board must actually ensure information is accurate and truthful, follow all SEQRA guidelines in determining all potential significant adverse environmental impacts, and that the Planning Board, Waterfront Advisory Committee and the Conservation Advisory Council or any other relevant Village Council, Committee or Board have the opportunity to re-evaluate any submitted Application since the information they were reviewing in the past was not complete or accurate, and that the Board does not ignore the input of these groups or that of the Public;

2) Conduct a Serious “Hard Look” Investigation in accordance with Court directed guidelines as set forth in SEQRA, not just a “rubberstamping” exercise that appears to have been allowed in the past; 

3) Conduct a Full Environmental Impact Statement (EIS) covering ALL Significant Adverse Impacts in accordance with SEQRA guidelines with issuance of a Positive Declaration denying this project, as we believe will be justified from a properly conducted EIS;

4) Engage truly independent and competent Engineers and Scientists throughout this process following all NYS Regulations and industry Ethics Guidelines serving the Public Health and Safety Interests, who submit only valid and supportable evidence and who are not just rubberstamping documents; and  

5) Replace the following individuals, as it has been evident that they have not been and are not able to fulfill their professional roles in the best interest of Croton with competence and/or without conflict of interests or ethics issues:

a. Chazen/La Bella (outside engineering consultants)

b. Ralph Mastromonaco, P.E., P.C., (HNGC’s Engineer)

c. Village Attorney Linda Whitehead, Esq. (former attorney for HNGC).

The Board must reject the so-called “mitigation” terms offered by Matrix on 11/9/21. Mitigation terms considered in lieu of a Positive Declaration and Denial must actually mitigate the unnecessary and irreparable destruction and damage that could be caused by this ill-advised proposed project. 

The Board should amend Village Solar Law (Sec 230-48) to strengthen the protection of Croton’s natural resources.  As set forth in the Town of Cortlandt’s latest Solar Law Amendments and current municipal laws throughout the U.S., Croton should require that any proposals for solar farms be sited on already disrupted or developed sites, including parking lots, carports, parking lots, industrial lands, brownfields, landfills, etc., and that Solar Farms be prohibited from residential areas.  

The Board should push for consideration of Alternative Siting for this project on such already developed or disrupted sites as listed in the suggested solar law amendments above, whether on Hudson National property or elsewhere.  

Croton residents expect and deserve that our elected officials take decisive and affirmative steps to fulfill their legislative mandates to seriously protect and act as stewards of our natural resources.

Our Town of Cortlandt has made the sincere effort to protect equivalent natural resources… there is absolutely no reason our Village Officials cannot do the same! 

Don’t Destroy Croton!