Southtowns Record

Town Board minutes — February 11, 2026

Government
Town of Eden
Board
Town Board
Meeting
Feb 11, 2026
Kind
Minutes
Topics
Moratoriums, Budget and taxes, Energy and data center siting, Zoning and land use, Parks and recreation, Public safety, Audits and oversight

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Added by hand from the Town of Eden's minutes on eCode360.

Original document

Text · page 6 of 6

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February 11, 2026

Section 11. Validity and Severability
If any section or part of this local law is declared invalid or unconstitutional, it shall not be held to invalidate or
impair the validity, force or effect of any other section of this local law.
Section 12. Hardship
  A. In the event that any owner of real property affected by this Local Law shall suffer an unnecessary
  hardship because of the implementation of the letter of this Local Law, the owner of such property may
  make a written application to the Town Board for a variance from the strict compliance with this Local
  Law. Unnecessary hardship shall not mean a mere delay in being able to pursue a Commercial Solar Use
  or to be able to apply for and receive a decision upon any permit or approval of any kind related thereto.
  B. Applications for a variance shall be in writing and shall set forth or have attached thereto evidence of the
  claimed hardship. The Town Board shall schedule a public hearing on any such evidence of the claimed
  hardship. The said public hearing on such application shall be scheduled within thirty (30) days of the
  Town Board’s receipt of a completed application and such public hearing shall be held upon at least five
  (5) days’ notice by publication in the Town’s official newspaper and posting on the Town Clerk’s public
  notice board. The applicant shall pay the cost of such publication.
  C. At said public hearing, the property owner and other interested parties shall be heard and given the
  opportunity to present evidence in connection with the application. The Town Board may request
  additional information or evidence from the applicant as it may determine, in its sole discretion, as being
  necessary to render its decision. The Town Board shall render a decision in writing within thirty (30) days
  of the later of the public hearing or the date it receives of the additional information from the applicant, if
  applicable. If the Town Board determines that the property owner will suffer an unnecessary hardship by
  means of the strict application of this Local Law, then the Town Board will grant the minimum variance
  necessary to afford relief to the applicant.
Section 13. State Environmental Quality Review Act (SEQRA)
The Town Board has considered the provisions of Article 8 of the Environmental Conservation Law (“SEQRA”)
and the regulations adopted thereunder at 6 NYCRR Part 617 and finds this Local Law to be a Type II Action as
defined therein. Therefore, no further review is required under SEQRA.
Section 14. Effective Date.
This Local Law shall take effect immediately upon filing in the Office of the New York State Secretary of State.

#41­2026: MOTION was made by Supervisor Ventry to approve the Local Law as presented; seconded by
Councilmember Walker; Ayes: All; Opposed: None; Abstain: None; Motion carried.

  10. Set Public Hearing:

#42­2026: MOTION was made by Supervisor Ventry to set the public hearing for considering proposed local law
updating Chapter 108 (Schedule of Fees) of the Town of Eden Code to March 11, 2026 at 6:30 PM; seconded by
Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None; Motion carried.

Supervisor’s Report

Hearing of Visitors:

Jeff Suiter from Dave DiPietro’s Office 716­655­0951

Dan Malarkey

#43­2026: MOTION was made by Supervisor Ventry to adjourn the meeting and enter Executive Session for
Recreation Contractual; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None;
Motion carried.

Adjournment: 7:15 PM

  Respectfully submitted by,

  Emily Hawkins, Town Clerk

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