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
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Town of Queensbury
September 28, 2021
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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;
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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.