224.2023 Accepting Solar Decommissioning Plan and Security for CVE North America RESOLUTION ACCEPTING SOLAR DECOMMISSIONING PLAN AND
SECURITY FOR CVE NORTH AMERICA, INC. ASSOCIATED WITH TAX
MAP PARCEL NOS: 303.15-1-25.2 AND 303.11-1-4.1
RESOLUTION NO.: 224,2023
INTRODUCED BY: Mr. Harrison Freer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. George Ferone
WHEREAS, CVE North America, Inc. (CVE) proposes developing a five megawatt solar
farm facility at property located on Quaker Ridge Boulevard(the"Project"), and
WHEREAS, to advance the Project, CVE sought and obtained approvals from the Town
Board to change the zoning district designation for Tax Map No.: 303.15-1-25.2 from Commercial
Intensive to Commercial Light Industrial and to designate Tax Map No.: 303.11-1-4.1 as an Open
Development Area, and
WHEREAS, the Town Board referred the application to the Queensbury Planning Board for
recommendations on the proposed zoning change and Open Development Area designation and also
deferred Lead Agency status to the Planning Board for review of the Project under the New York
State Environmental Quality Review Act, and
WHEREAS, the Planning Board issued favorable recommendations on the proposed zoning
change and Open Development Area designation and adopted a SEQRA Negative Declaration before
the Town Board adopted Local Law No.: 7 of 2022 "A Local Law to Amend Chapter 179, `Zoning'
of Queensbury Town Code to Amend Zoning Map for Tax Map Parcel No.: 303.15-1-25.2
and Designate Tax Map Parcel No.: 303.11-1-4.1 as an Open Development Area," and
WHEREAS, the Planning Board considered applications for the Project, which application
materials included a Decommissioning Plan, and at their meeting of July 19, 2022, the approved
Site Plan 66-2021, Freshwater Wetlands Permit 3-2021 and Special Use Permit 4-2021, and
WHEREAS, during the Planning Board review of all application materials including the
Decommissioning Plan, the Planning Board provided the Town Designated Engineer the same
materials for review and comment, and
WHEREAS, the Town Designated Engineer issued a final letter which determined that the
Decommissioning Plan satisfies Town Code requirements and the Decommissioning Plan costs are
reasonable, and
WHEREAS, Queensbury Town Code Chapter 179 "Zoning" §179-10-070 DD requires
that Decommissioning Plans be approved by the Town Board, and
WHEREAS, the following documents are now presented for the Town Board's
consideration: 1) Decommissioning Plan, 2) Decommissioning Agreement, and 3)
Decommissioning Bond, and
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves the Decommissioning Plan
Decommissioning Agreement and Decommissioning Bond for CVE North America, Inc.,
associated with Tax Map Parcel Nos: 303.15-1-25.2 and 303.11-1-4.1 as delineated in the
preambles of this Resolution in substantially the same form as presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Supervisor is hereby authorized to execute the
Decommissioning Agreement and Bond in forms acceptable to the Town Supervisor and Town
Counsel, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Clerk, Town Zoning Administrator, Planner and/or Town Counsel to take any other actions
necessary to effectuate the intent and provisions of this Resolution.
Duly adopted this 19t'day of June, 2023,by the following vote:
AYES: Mr. McNulty, Mr. Strough, Mr. Metivier, Mr. Freer, Mr. Ferone
NOES: None
ABSENT: None