Staff Notes for 8/16/2022
Town of Queensbury Planning Board
Community Development Department Staff Notes
August 16, 2022
Site Plan 55-2022 & SOUTHERN GATEWAY RENEWABLES
Special Use Permit 4-2022 West Side Qsby Ave, South of airport / Commercial Light Industrial / Ward 2
SEQR Unlisted
Material Review: site plan application, special use permit, decommissioning plan, site plans,
stormwater, lease arrangement, narrative
Parcel History: none known
Warren Co Referral Sent: August 2022 / Comments: Approve. Informal staff comments:
Applicant must meet requirements and maintenance agreements for
wetlands, stormwater management and placement of solar panels.
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Requested Action
Planning Board review and approval for use of a portion of a parcel for a 5.0MW solar farm.
Resolutions
1. SEQR
2. PB decision
Project Description
Applicant proposes to utilize 27+ acres of an 80 acre parcel for a 5.0MW solar farm of 8.25 acres of land at the
Warren County Airport. Project work includes fencing, stormwater management, and equipment areas. The
hard surfacing total with existing and proposed is 1.07 acres with equipment pads. Panel height is 16.5 to 19.5
ft. Pursuant to chapter 179-5-140, 179-10-040, 179-3-040, site plan and special use permit shall be subject to
Planning Board review and approval.
Staff Comments
• Location-The project is located on the property of the Warren County Airport on Queensbury
Avenue/County Route 52. There are two parcels as part of this project 25.24 ac and 54.37. The majority of
the work and panels are on the larger parcel .
• Arrangement- The solar panels grids will run north and south where the project will encompass 27 acres of
the 80+ acre area.
• Site Design- The solar panels themselves would cover approximately 8.25 ac
• Building – no buildings are proposed. The plan shows equipment pad and transformer locations to be
designed by others. The applicant should be aware if these become equipment shelters additional review
may be necessary
• Site conditions-The area is an open meadow with some areas of brush.
• Traffic- The site will be accessed from a new curb cut on Queensbury Avenue/County Route 52.
• Grading and drainage plan, Sediment and erosion control-The stormwater management will include swales,
filter strips, and pond areas. The project includes a SWPPP that has been forwarded to the Town
Designated Engineer for review and comment.
• Landscape plan-The project includes maintaining vegetation along Queensbury Avenue and installation of a
chain link fence around the project site. The plans indicate areas of disturbance will be reseeded as
necessary.
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• Site lighting plan-The lighting for the equipment area will be motion activated and be compliant with the
FAA/Airport regulations.
• Utility details-The site doesn’t require septic or well access
• Signage-any signage is to be code compliant and as required for site safety.
• Elevations- The applicant has provided an elevation for the panels to be installed. The applicant is
requesting to have a panel height of 16.5 feet to 19 .5 feet. The code indicate an applicant can exceed the 12
ft height panel by request of the Planning Board.
• Floor plans- There are no buildings and no floor plans
• Waivers-Planning staff has reviewed the applicants request for waivers that include items, h. signage, o.
commercial alterations/ construction details, p floor plans, s. snow removal.
• The waivers requested–Staff finds it reasonable to request a waiver of these items as there are no
buildings on the site. The applicant provided the information on the following: g. site lighting j.
stormwater k. topography, l. landscaping, n traffic, 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 on land of the Warren County Airport that is not in use for the airport
There are other industrial designated parcels and will be compatible with the uses in the area. The Town
has encouraged solar farms as outline in the Town Code.
• Access, circulation and parking – The project has an interior road for maintenance of the facility.
• Infrastructure and services- The project will not utilize sewer or water services. The applicant will
coordinate with National Grid for service connection requirements.
• Environment and natural features –The applicant plans have accounted for the adjacent wetland and will
not be within 100 ft for this part of the project to the wetland area. The existing natural vegetative area
around the proposed solar farm will be remain.
• Long-term effects-Project is to create clean renewable energy. The applicant has indicated existing and
potential new business uses and residents will have economic benefits of the solar facility.
Specific Special Use Permit Criteria
DD. Solar farms.
• Solar farms shall require a minimum land area of five acres.- Parcels in total is 80 plus 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 8 ft high 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. Applicant has indicated appropriate warning
signage to be installed – Detail will need to be included in plans.
• 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 the
facility elements to blend into the existing environment. Details will need to be included in plans.
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• 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
applicant has indicate the location of the project will meet the requirements of Article 8.
• 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 to be 16.5 feet to 19 .5 feet tall and exceeding 12 ft. Board may have further
discussion. The applicant has indicted the height to optimize energy capture.
• 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. The report indicates there is to be no glare on aviation receptors – it is noted there is no guidance
for analysis for airports without an air traffic control tower.
• On-site power lines shall, to the maximum extent practicable, be placed underground. The applicant has
indicated there are utility connects will be underground
• 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 been provided and is to be
reviewed.
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• The following requirements shall be met for decommissioning: The decommission plan has identified items
a-d. The applicant has identified the desire to have an agreement in place for decommissioning. The Town
Board will need to be notified of the request for an agreement.
(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.
Summary
The applicant has completed a site plan application and a special use permit for the development of an 80 acre
area for a solar farm.
Meeting History: 1st Meeting