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Cover LetterAshley E. Champion Partner T / 585.263.1361 F / 866.629.0105 achampion@nixonpeabody.com Attorneys at Law nixonpeabody.com @NixonPeabodyLLP 4811-2742-1164.3 Nixon Peabody LLP 1300 Clinton Square Rochester, NY 14604-1792 September 28, 2021 VIA ELECTRONIC MAIL & FEDERAL EXPRESS Town Board and Planning Board Town of Queensbury 742 Bay Road Queensbury, NY 12804 Attention: Ms. Laura Moore RE: Application for the necessary zoning approvals from the Town of Queensbury by CVE North America, Inc. to construct and operate a solar energy facility located off Quaker Ridge Boulevard (Tax Parcel No. 303.11-1-4.1, along with access over Tax Parcel No. 303.15-1-25.2) in the Town of Queensbury, County of Warren, State of New York (the “Project”). Dear Members of the Town Board and Planning Board: CVE North America, Inc. (“CVE” or the “Applicant”), the contract vendee of the subject property, proposes to construct and operate the Project on property located off Quaker Ridge Boulevard (Tax Parcel No. 303.11-1-4.1, along with access over Tax Parcel No. 303.15-1- 25.2) (collectively, the “Site”) in the Town of Queensbury (the “Town”). The Project is intended to generate and deliver renewable electric energy to the Queensbury community and for the public benefit generally. The Site consists of approximately 80± acres of vacant land. The Project will consist of an approximately 5 MW (AC) ground mounted solar array and associated electric interconnection infrastructure connecting to the local utility power grid, all as shown on the enclosed site plan drawings prepared by Tectonic Engineering Consultants (“Tectonic”) dated July 16, 2021, last revised August 27, 2021 (collectively, the “Site Plan”). The Site is located in the Town’s Commercial Light Industrial (CLI) District, with the access parcel located within the Town’s Commercial Intensive (CI) District. “Solar Farms” are permitted in the CLI District by special permit and site plan approval from the Town Planning 4811-2742-1164.3 Town of Queensbury September 28, 2021 Page 2 Board (the “Planning Board). See TOWN OF QUEENSBURY ZONING CODE (the “Code”) §§ 179- 5-140(D)(4); 179-5-140(G); 179-10-20. Therefore, the Project is permitted in the portion of the Site that is currently within the CLI District upon issuance of a special permit and site plan approval from the Planning Board. For the access area of the Site that is currently within the CI District, CVE respectfully requests that the Town Board grant an amendment to the Town Zoning Map to designate such area to be located within the CLI District pursuant to the procedures set forth under Code Section 179-15- 010 et seq. As more fully detailed in this Application, the requested CLI District rezoning to allow access to the Project is consistent and in accordance with the Town Comprehensive Plan. Further, since the access portion of the Site will be located on a separate parcel than the remainder of the Site, with an access easement granted over the access area for the benefit of the remainder of the Site, the Project will require approval by the Town Board of an open development area as contemplated under New York State Town Law Section 280-a(4). Upon approval of the requested rezoning for the access area of the Site into the CLI District and the approval of the open development area, the entire Project will be permitted upon issuance of a special permit and site plan approval from the Planning Board. Note that the Project will be in conformance with all property line setback and lot coverage requirements applicable to the Site, as well as all other bulk and area requirements under the Code. Accordingly, please accept the following exhibits and enclosures as CVE’s application for the required (i) CLI District rezoning and open development area approval from the Town Board, and (ii) permanent special permit and site plan approval from the Planning Board (as well as any other zoning approvals that may be required to construct and operate the Project): Exhibit A:Completed Town application forms; Exhibit B: Project description and applicable legal standards; Exhibit C: Proof of compliance with the Town’s Renewable Energy Systems and Facilities standards set forth in Code Section 179-5-140 et seq.; Exhibit D: Proof of compliance with the Town’s general special permit standards set forth in Code Section 179-10-060; Exhibit E: Proof of compliance with the Town’s special permit standards specific to Solar Farms set forth in Code Section 179-10-070(DD); Exhibit F: Proof of compliance with the Town’s general site plan review standards as set forth in Code Section 179-9-080; Exhibit G: 11″ x 17″ copy of the Site Plan; 4811-2742-1164.3 Town of Queensbury September 28, 2021 Page 3 Exhibit H: Completed Long Form Environmental Assessment Form (“EAF”); Exhibit I: Recorded Memorandum of Contract evidencing CVE’s site control and proof of landowner consent to the Project and the Application; Exhibit J: Solar Glare Hazard Report; Exhibit K: Decommissioning Plan; Exhibit L: Map showing the Site and all properties within a radius of five hundred (500) feet of the exterior boundaries thereof as required for the requested CLI District rezoning under Code Section 179-15-020; and Exhibit M: NYSDEC Wetland Validation Letter and corresponding Map. Nineteen (19) copies of this Application booklet. Four (4) full-size copies of the Site Plan will be delivered under separate cover from Tectonic. Four (4) hard copies of the Stormwater Pollution Prevention Plan (SWPPP) will be delivered under separate cover from Tectonic. One check payable to the Town of Queensbury in the amount of $650.00 for the applicable application fees. We respectfully request the Application be placed on the next available Town Board meeting agenda and thereafter the next available Planning Board meeting agenda to begin review of the CLI District rezoning and open development area request and the permanent special permit and site plan applications, respectively, and to determine which board will act as lead agency for purposes of the SEQRA review for the Project. Please contact me or any other member of the Project team if you have any questions or if you require any additional information prior to the next meeting. Thank you. Sincerely, Ashley E. Champion cc: Carson Weinand Louis Greco, P.E.