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Staff notes for 7/19/2022 Town of Queensbury Planning Board Community Development Department Staff Notes July 19, 2022 Site Plan 66-2021, CVE NORTH AMERICA, INC. Special Use Permit 4-2021, 53 Quaker Ridge Blvd/ Commercial Light Industrial/ Ward 2 & Freshwater Wetlands 3-2021 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: November 2021/ Comments: Concur w/local board. __________________________________________________________________________________________ Requested Action Planning Board review and approval for installation of a solar farm. Resolutions 1. PB decision 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 179-3-040, 179-10-040, & Chapter 94, site plan, special use permit, and freshwater wetlands shall be subject to Planning Board review and approval. 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. - 2 - • • 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 – The project will be located in the Commercial Light Industrial zone where the Town Code outlines the requirements of Solar Farms in the CLI zone. • Compatibility- The project is located near Walmart Store, other retail/commercial businesses, industrial designated parcels and will be compatible with the uses in the area. • Access, circulation and parking – The project does not generate traffic is not open to the public. • Infrastructure and services- The project will not utilize sewer or water services. • Environment and natural features – The project design takes into account the existing area wetlands. • Long-term effects-Project is to create clean renewable energy Specific Special Use Permit Criteria DD. Solar farms. • Solar farms shall require a minimum land area of five acres.- Parcel is 80 acres and project is 30 acres. • 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.- Project will have a gated entry and fencing around panel areas. Gate to have knox box noted for emergency access • The manufacturer's and installer's identification and appropriate warning signage and emergency contact information shall be posted at the site and clearly visible. C204 and C205 Plan Sheets contain sign information • 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. – The applicant has indicated sheets C204 and 205 – no color scheme has been provided – Board may request additional information if needed. • 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. The location of the project is adjacent to vegetated areas and parcels in the light industrial zone. - 3 - • • 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. The applicant has indicated the height is 7.69 ft. • 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. The applicant has provided a Glare Hazard report. • On-site power lines shall, to the maximum extent practicable, be placed underground. The applicant has indicated there are utility connects with some above ground – power pole connections • 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. The decommission plan has provided and is to be reviewed. • The following requirements shall be met for decommissioning: The decommission plan has identified items a-d. (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. - 4 - 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 applicant has completed a site plan application, freshwater wetlands permit and special use permit. The board will need to determine the special use permit type – permanent, renewable, temporary. Tentative Schedule • December 2021 Town Board – referral to Planning Board and consent to Lead Agency • January 2022 Planning Board – seeks Lead Agency Accepts Lead Agency, may conduct SEQR, may provide recommendation to Town Board • June 2022 Town Board sets public hearing • June 2022 Planning Board – reaffirm SEQR with 280A for access • June 2022 Town Board – adopted zoning change of parcel and access • July 2022 Planning Board – Site Plan, Special Use Permit, Freshwater Wetland review Meeting History: 1/18/2022, 5/17/2022