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Staff Notes for 5/17/2022 Town of Queensbury Planning Board Community Development Department Staff Notes May 17, 2022 Site Plan 66-2021, CVE NORTH AMERICA, INC. Freshwater Wetlands 3-2021, 53 Quaker Ridge Blvd/East County Line Road/Commercial Special Use Permit 4-2021 Light Industrial, Commercial Intensive/ Ward 2 SEQR Type I Material Review: Petition of Zone Change application, Site Plan application, Special Use permit responses, Freshwater Wetland permit, narrative, SWPPP, site plan drawings, solar glare report etc. Parcel History:Disc 3-2021, PZ 720-2021 Warren Co Referral: Sent: May 2022/Comments: _______________ __________________________________________________________________________________________ Requested Action Planning Board review and approval for a solar farm with 13,000 panels over a 30 acre spread. Resolutions 1.Lead Agency and Lead Agency accept – no other involved agencies 2.SEQR 3.PB recommendation Project Description Applicant proposes a solar farm on site 303.11-1-4.1, with access by right of way through parcel 303.15-1-25.2. The project will include over 13,000 panels on a 30 plus acre portion of the site. The project work includes panel placement, drive areas, equipment boxes and stormwater management. The project involves a petition of zone change for parcel 303.15-1-25.2 from CI to CLI. Project subject to site plan, special use permit and freshwater wetlands permit. Pursuant to Chapter 179-15-050, Town Board referred to the Planning Board to review for SEQR and recommendation. Site plan, special use permit, and freshwater wetlands review after the Town Board completes Petition of Zone change. Staff Comments  Location-The project is located off a Quaker Ridge Boulevard and access is through an easement with National Grid to the 81.67 ac parcel  Arrangement- The parcels to be used are vacant and approximately 30 acres is to be used for  Site Design-The project site will be access from the Quaker Ridge Boulevard through Parcel 303.15-1-25.2 Owner Forest Enterprises, through an easement on Parcel 303.11-1-5 Owner National Grid, to the project parcel of 303.11-1-4.1 Owner Forest Enterprises. A 30 plus acre portion of the 80 acre parcel will be utilized for 13,000 panels.  Building – There are only equipment small shelters to be constructed there is no building proposed. There appear to be 3 transformer pads near the road ends for each solar panel area. The applicant to provide details of the equipment shelters – dimensions and elevation view.  Site conditions-The area currently vegetated with some areas containing wetlands.  Traffic- The applicant has designed a driveway to access the panels for maintenance. The drive consists of grass surface compatible with emergency vehicles requirements for drive surface.  Grading and drainage plan, Sediment and erosion control-The project involves the disturbance of over 30 acres and is subject to stormwater pollution prevention plan. The project will occur in 6 phases with no phase disturbing more than 5 acres at a time. The clearing phase will occur in 1 -3 and stump removal after phase 3a. The project has been referred to the Engineer for review and comment.   Landscape plan-There is no additional landscaping to be added the site.  Site lighting plan-There are no lighting proposed for the project.  Utility details-The plans include connection to existing electric power from National Grid.  Signage-There is no signage proposed.  Elevations-The solar panel detail indicates the support structure to be 5 ft tall and the panel 6 ft in length. The panel will be able to pivot. The overall height is 7.69 ft.  Waivers-The applicant has not requested waivers and has indicated there is no lighting for the site proposed, no parking or traffic generated for the site, there is no signage for the site, there is no landscaping proposed. The applicant has provided information on j. stormwater, k. topography, o. commercial alterations/ construction details, q. soil logs, r. construction/demolition disposal.  Pursuant to Section 179-9-050 the Planning Board may grant waivers on its own initiative or at the written request of an applicant. The Board is to review the waivers and to determine if they are to be granted. Special Use Permit Criteria: A special use permit is required as outlined in Section 179-10-070.  Harmony with the Comprehensive Plan – [[1101,1275,2413,1332][12][,I,][Times New Roman]]The project will be located in the Commercial Light Industrial [[224,1332,1934,1389][12][,I,][Times New Roman]]zone where the Town Code outlines the requirements of Solar Farms in the CLI zone. [[1934,1332,1960,1389][12][,I,][Times New Roman]]  Compatibility- [[538,1394,1728,1451][12][,I,][Times New Roman]]The project is located near Walmart Store, other retail/c [[1728,1394,2413,1451][12][,I,][Times New Roman]]ommercial businesses, industrial [[225,1451,1583,1508][12][,I,][Times New Roman]]designated parcels and will be compatible with the uses in the area. [[1583,1451,1609,1508][12][,I,][Times New Roman]]  Access, circulation and parking – [[905,1512,2143,1569][12][,I,][Times New Roman]]The project does not generate traffic is not open to the public. [[2143,1512,2166,1569][12][,,][Times New Roman]]  Infrastructure and services- [[784,1573,1271,1630][12][,I,][Times New Roman]]The project will not utili [[1270,1573,1811,1630][12][,I,][Times New Roman]]ze sewer or water services. [[1811,1573,1834,1 630][12][,,][Times New Roman]]  Environment and natural features – [[943,1634,2239,1691][12][,I,][Times New Roman]]The project design takes into account the existing area wetlands. [[2239,1634,2265,1691][12][,I,][Times New Roman]]  Long-term effects[[584,1696,601,1753][12][,I,][Times New Roman]]- [[599,1696,1473,1753][12][,I,][Times New Roman]]Project is to create clean renewable energy [[1473,1696,1496,1753][12][,,][Times New Roman]] Specific Special Use Permit Criteria DD. Solar farms.  Solar farms shall require a minimum land area of five acres.- [[1453,1929,2300,1986][12][,I,][Times New Roman]]Parcel is 80 acres and project is 30 acres. [[2300,1929,2323,1986][12][,,][Times New Roman]]  Solar farms shall be enclosed by perimeter fencing to restrict unauthorized access at a height consistent with the current fence code. (See § 179-5-070.) However, the Planning Board shall have the discretion to vary or eliminate this requirement where the Planning Board has determined that safety and security at the site will be assured by alternate methods.- [[904,2162,2016,2219][12][,I,][Times New Roman]]Project will have a gated entry and fencing around pan [[2016,2162,2187,2219][12][,I,][Times New Roman]]el areas. [[2187,2162,2200,2219][12][,I,][Times New Roman]] [[2200,2162,2361,2219][12][,I,][Times New Roman]]Gate to [[225,2220,1077,2277][12][,I,][Times New Roman]]have knox box noted for emergency access [[1077,2220,1103,2277][12][,I,][Times New Roman]]  The manufacturer's and installer's identification and appropriate warning signage and emergency contact information shall be posted at the site and clearly visible. [[1378,2338,2080,2395][12][,I,][Times New Roman]]C204 and C205 Plan Sheets contai [[2080,2338,2213,2395][12][,I,][Times New Roman]]n sign [[225,2396,461,2453][12][,I,][Times New Roman]]information [[461,2396,484,2453][12][,,][Times New Roman]]  Solar farm buildings and accessory structures shall, to the extent reasonably possible, use materials, colors and textures that will blend the facility into the existing environment. – [[1660,2514,2363,2571][12][,I,][Times New Roman]]The applicant has indicated sheets [[225,2572,509,2629][12][,I,][Times New Roman]]C204 and 205 [[509,2572,522,2629][12][,I,][Times New Roman]] [[521,2572,547,2629][12][,I,][Times New Roman]]– [[546,2572,559,2629][12][,I,][Times New Roman]] [[559,2572,609,2629][12][,I,][Times New Roman]]no [[609,2572,622,2629][12][,I,][Times New Roman]] [[622,2572,1278,2629][12][,I,][Times New Roman]]color scheme has been provided [[1277,2572,1303,2629][12][,I,][Times New Roman]]– [[1303,2572,1316,2629][12][,I,][Times New Roman]] [[1314,2572,2369,2629][12][,I,][Times New Roman]]Board may request additional information if needed. [[2369,2572,2395,2629][12][,I,][Times New Roman]]  Appropriate landscaping and/or screening materials may be required to help screen the solar farm and accessory structures from major roads and neighboring residences pursuant to Article 8 of Chapter 179. [[2320,2690,2407,2747][12][,I,][Times New Roman]]The [[225,2748,2077,2805][12][,I,][Times New Roman]]location of the project is adjacent to vegetated areas and parcels in the light industrial zone. [[2077,2748,2103,2805][12][,I,][Times New Roman]] - 2 -  [[225,154,251,211][12][,I,][Times New Roman]]  The average height of the solar panel arrays shall not exceed 12 feet. However, the Planning Board shall have the discretion to permit the solar panel arrays to exceed the height limitation of 12 feet to the extent necessary, as determined by the Planning Board, to achieve the intended purpose of the solar collectors. Such determination shall be made in consideration of the design of the solar collectors and the subject property's natural and proposed characteristics, including, but not limited to, topography, existing and proposed vegetative buffers, and proximity to residential and/or commercial uses. [[1884,502,2255,559][12][,I,][Times New Roman]]The applicant has [[225,560,821,617][12][,I,][Times New Roman]]indicated the height is 7.69 ft. [[821,560,847,617][12][,I,][Times New Roman]]  Solar farm and solar power plant panels and equipment shall be surfaced, designed, and sited so as not to reflect glare onto adjacent properties, facilities, and roadways. [[1494,678,2383,735][12][,I,][Times New Roman]]The applicant has provided a Glare Hazard [[225,736,362,793][12][,I,][Times New Roman]]report. [[362,736,388,793][12][,I,][Times New Roman]]  On-site power lines shall, to the maximum extent practicable, be placed underground. [[1951,797,2321,854][12][,I,][Times New Roman]]The applicant has [[225,854,1437,911][12][,I,][Times New Roman]]indicated there are utility connects with some above ground [[1436,854,1462,911][12][,I,][Times New Roman]]– [[1462,854,1475,911][12][,I,][Times New Roman]] [[1468,854,1961,911][12][,I,][Times New Roman]]power pole connections [[1961,854,1987,911][12][,I,][Times New Roman]]  All applications for solar farms shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with the removal of the structure, which shall be reviewed and approved by the Town Board. [[1130,1030,2323,1087][12][,I,][Times New Roman]]The decommission plan has provided and is to be reviewed. [[2323,1030,2349,1087][12][,I,][Times New Roman]]  The following requirements shall be met for decommissioning: [[1499,1092,2386,1149][12][,I,][Times New Roman]]The decommission plan has identified items [[225,1149,250,1206][12][,I,][Times New Roman]]a [[250,1149,267,1206][12][,I,][Times New Roman]]- [[267,1149,304,1206][12][,I,][Times New Roman]]d. [[304,1149,330,1206][12][,I,][Times New Roman]] (a) Solar farms and solar power plants which have not been in active and continuous service for a period of one year shall be removed at the owners' or operators' expense within six months of the date of expiration of the one-year period. (b) All aboveground and below-ground equipment, conduits, structures, fencing and foundations shall be removed from the site to a depth of at least three feet below grade. (c) The site shall be restored to as natural a condition as possible within six months of the removal of all equipment, structures and foundations. Such restoration shall include, where appropriate, restoration of the surface grade and soil after removal of all equipment and revegetation of restored soil areas with native seed mixes. (d) The Planning Board shall, as a condition of approval, require the posting of a removal bond of the solar farm's and solar power plant's equipment. In lieu of a removal bond, the Town Board, in its discretion, may permit the owner and/or operator to enter into a decommissioning agreement with the Town which provides, in relevant part, that if the decommissioning of the site is not completed within six months of the time period specified in Subsection DD(10)(a) above, and/or the restoration is not completed within the time period specified in Subsection DD(10)(c) above, the Town may, at its own expense, enter the property and remove or provide for the removal of the structures and equipment and/or the restoration of the site, as the case may be, in accordance with the decommissioning plan. Such agreement shall provide, in relevant part, that the Town may recover all expenses incurred for such activities from the defaulting property owner and/or operator. The cost incurred by the Town shall be assessed against the property and shall become a lien and tax upon said property and shall be added to and assessed as part of the taxes to be levied and assessed thereon and enforced and collected with interest in the same manner as other taxes. This provision shall not preclude the Town from collecting such costs and expenses by any other manner by action in law or in equity. In the event of any such legal proceedings, the owner and/or operator, as the case may be, shall be liable for all legal expenses, costs and disbursements in connection with said litigation, as awarded by a court of competent jurisdiction. - 3 - Freshwater Wetland The plan sheets have identified the wetland areas on the project site and access areas. The work to be completed is within 100 ft of the wetland areas. Summary The Board may begin the review of SEQR, may provide a decision on SEQR, may provide a recommendation to the Town Board. In addition, the Board may also make part of the recommendation in regards to the decommissioning plan for a removal bond to part of the site plan review or the request the applicant to work with the Town board to develop a decommissioning agreement as outline in the Special Use Permit requirements. The applicant has provided materials in response to the Engineering comments when the weather allowed for additional site evaluation. [[150,1012,544,1069][12][B,I,][Times New Roman]]Tentative Schedule [[543,1012,568,1069][12][B,I,][Times New Roman]]  December 2021 Town Board – referral to Planning Board and consent to Lead Agency (completed)  January 2022 Planning Board – seeks Lead Agency Accepts Lead Agency (completed)  May 2022 Planning Board may conduct SEQR, may provide recommendation to Town Board  Future Meeting Town Board Public Hearing Change of Zone  Future Meeting Planning Board – Site Plan, Special Use Permit, Freshwater Wetland review Meeting History: January 18, 2022 - 4 -