Southtowns Record

Town Board minutes — August 12, 2026

Government
Town of Eden
Board
Town Board
Meeting
Aug 12, 2026
Kind
Minutes
Topics
Energy and data center siting, Zoning and land use, Water, sewer and drainage, Public safety, Budget and taxes, Parks and recreation, Audits and oversight, Moratoriums, Roads and traffic

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

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August 12, 2026

  from technical, procedural, application, design, construction, operational, maintenance, or mitigation
  requirements of this chapter, including but not limited to requirements concerning submission materials,
  sequencing of submissions, form of reports, design details, equipment layout, undergrounding of lines where
  impracticable, screening methods, landscaping details, emergency access design, signage location, inspection
  timing, maintenance procedures, or similar requirements, provided that the Town Board determines that the
  proposed alternative satisfies the purposes and protective intent of this chapter.
E. Application for relief. A request for relief shall be submitted in writing to the Town Clerk and shall be referred
  to the Code Enforcement Officer, Town Attorney, Town Engineer, Planning Board, and any other consultant,
  agency, official, or board deemed appropriate by the Town Board. The request shall include, at minimum:
  (1) Identification of the specific provision or provisions of this chapter from which relief is requested;
  (2) A detailed explanation of the relief requested;
  (3) The reason strict compliance is impracticable, unnecessary, duplicative, inconsistent with project -specific
  conditions, or inconsistent with the purposes of this chapter;
  (4) A description of the proposed alternative, substitute measure, mitigation, design revision, condition, or method
  of compliance;
  (5) A demonstration that the proposed alternative provides protection equal to or greater than strict compliance
  with the requirement from which relief is requested, or otherwise satisfies the purposes and protective intent of
  this chapter;
  (6) Supporting plans, drawings, engineering information, environmental information, agricultural information,
  emergency response information, cost estimates, or other documentation necessary for the Town Board to
  evaluate the request;
  (7) A statement as to whether the requested relief affects any approved plan, pending application, permit
  condition, decommissioning obligation, security requirement, emergency response measure, agricultural
  mitigation measure, stormwater measure, screening measure, or other project approval;
  (8) A statement as to whether the requested relief may affect neighboring properties, nonparticipating residences,
  public roads, public infrastructure, agricultural lands, emergency access, environmental resources, scenic
  resources, or public health and safety; and
  (9) Payment of any application, escrow, consultant, engineering, legal, or review fees required by the Town.
F. Review procedure. The Town Board may refer any request for relief to the Planning Board, Code Enforcement
  Officer, Town Attorney, Town Engineer, fire department, highway department, agricultural consultant,
  environmental consultant, or any other board, official, agency, or consultant for review and recommendation.
  The Town Board may require supplemental information from the applicant where necessary to determine
  whether the requested relief satisfies this section.
G. Public hearing. The Town Board may hold a public hearing on any request for relief where it determines that
  the request may materially affect neighboring properties, public roads, public infrastructure, agricultural
  resources, environmental resources, scenic resources, emergency access, public health and safety, or any prior
  condition of approval. A public hearing shall be required where the requested relief relates to a Tier 3 or Tier 4
  Solar Energy System that has not yet received a special use permit, unless the request is considered as part of
  the public hearing on the special use permit.
H. Required findings. The Town Board may grant a request for relief only upon making written findings that:
  (1) The requested relief does not constitute a use variance, area variance, interpretation, or other matter within
  the jurisdiction of the Zoning Board of Appeals;
  (2) The requested relief will not authorize a use that is not otherwise permitted under this chapter;
  (3) The requested relief is limited to a specific requirement or requirements of this chapter and is no broader
  than necessary;
  (4) Strict compliance with the requirement is impracticable, unnecessary, duplicative, or not reasonably
  related to the purposes of this chapter under the specific circumstances presented;
  (5) The proposed alternative, substitute measure, mitigation, design revision, condition, or method of
  compliance provides protection equal to or greater than strict compliance, or otherwise satisfies the
  purposes and protective intent of this chapter;
  (6) The requested relief will not create a material adverse impact on neighboring properties, nonparticipating
  residences, public roads, public infrastructure, agricultural lands, emergency access, environmental
  resources, scenic resources, community character, or public health, safety, and welfare;
  (7) The requested relief is consistent with the purposes and findings of this chapter;

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