TOWN OF AMSTERDAM — Active Solar Development has withdrawn its application seeking a use variance for a solar project proposed in a residential zone on Route 67.
Paul Kruger, director of development for Active Solar, notified the town’s engineering consultant of the company’s decision by email on Monday.
“After further reflection, we will not be pursuing the use variance at this time,” the email from Kruger reads. No further details or explanation were provided.
Town officials had warned the developers of the “tremendously heavy burden” they faced to meet all of the criteria required for a use variance when the Zoning Board of Appeals received the application in February. The board review never got off the ground after project representatives failed to appear at last month’s meeting.
ZBA Chairman Michael Fariello declined to comment on Wednesday about the likelihood the variance would have been approved or denied had it proceeded. He indicated a decision would have been based on the evidence provided by the applicants.
“It’s an uphill battle,” Fariello said. “I do think an R-1 [residential] zone and solar are not compatible.”
The withdrawal is “fine” with Town Supervisor Thomas DiMezza, who opposed the project proposed in a residential area contrary to town law. Utility-scale solar was prohibited in residential and agricultural zones through a zoning amendment adopted in September 2021.
“People have to live with it and I don't think anyone in this area is totally in favor of solar. It’s not pleasant to see,” DiMezza said. “We have a beautiful town and we want to keep it that way.”
The Town Board previously made its objections to the proposal known when it declined to entertain a Planned Unit Development (PUD) application to rezone the land for the proposed project in lieu of a use variance when it was explored by Active Solar last July.
Officials were apparently preparing to fight the requested variance, with the Town Board retaining Bartlett, Pontiff, Stewart & Rhodes PC last month to assist with the application review and “potential litigation.”
The law firm was previously brought in when the ZBA reviewed and ultimately denied another variance sought for a solar project proposed in a residential zone at 260 Truax Road in 2022. DiMezza believes the application from Active Solar would have similarly resulted in a denial.
“Our zoning and the regulations there are pretty strict as far as the residential area goes and right now it's not warranted to put it in a residential area,” DiMezza said.
Active Solar had proposed installing a 10.67-megawatt array behind an existing 2-megawatt solar system to the rear of Best Value Storage on Route 67 just east of Clizbe Avenue. The developer estimated the value of the project at about $18.5 million.
Developers argued the roughly 114-acre property is unsuitable for residential development because it is only accessible from the driveway from Route 67 leading to the existing array and the land is bisected by high-tension transmission lines. They said the site was optimal for a renewable energy project that would interconnect to the transmission lines.
Although the request for a variance has been withdrawn, it’s possible the developers could still pursue a project where utility-scale is allowed in the town on neighboring land with frontage on Route 67 that is commercially zoned.
Active Solar President Frank McCleneghen previously suggested this alternative could be considered in the event their application was denied. He said it was not preferred as the project would likely be visible from the road.
Additionally, McCleneghen had said another developer could propose a large-scale project of at least 20 megawatts using the targeted land and a neighboring field that is available on Route 67. Such projects are subject to approval by the state and are able to supersede local regulations deemed “burdensome” to New York’s renewable energy goals.
DiMezza cast doubt that there would be sufficient concentrations of land available to support such a development in that area or elsewhere in the town.
“I’m not worried about that,” DiMezza said. “It just doesn’t make sense to do it here.”
It’s unclear the power grid would have the capacity to carry energy generated by a large-scale project, with Active Solar claiming its proposal would “max out” the local grid and thus protect against further solar development.
A call to Active Solar seeking comment for this story was not returned on Thursday.