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Page 46 April 28, 2026 WHEREAS, Scoping Documents were submitted and accepted on May 19, 2025; a Draft Environmental Impact Statement was submitted on July 24, 2025 and deemed adequate for public review; and a public hearing on the DEIS was held on October 14, 2025; and WHEREAS, the Town Board determined that the Proposed Action will not result in a significant adverse environmental impact and issued a Negative Declaration on December 11, 2025; and WHEREAS, the Town Board has reviewed all of the revised site plans, other materials, and request for Site Plan and Special Use Permit approval, submitted to the Town on March 9, 2026 along with the comments received from the public, involved agencies, and interested agencies, and WHEREAS, the Town Board has weighed the effects of the Proposed Action and made the following findings: 1. The proposed special use is consistent with the general intent of the Town's Comprehensive Plan. 2. The applicant has further reduced the project from the scope proposed during the environmental review, further reducing the impact of the project. 3. The location, size and use of the structures involved, nature and intensity of the operations involved and size and layout of the site in relation to the proposed special use are such that it would be compatible with the orderly development of the use district. 4. There is sufficient ingress and egress to the property and there will be no traffic impact. 5. There is reasonable screening and buffering. 6. There are no lighting, glare, or traffic safety impacts. 7. Operation of the proposed special use is not more objectionable to the uses of nearby properties by reason of dust or smoke emission, noise, odors, fumes, pollution of air or water, including subsurface waters, unsightliness or similar conditions, than would be the operation of any permitted use. 8. It is generally compatible with the adjacent properties. 9. The proposed special use satisfies each and all standards and conditions specified for such special use by the relevant provisions of the Town of Concord Solar Energy Systems local law contained in Chapter 150, Article XXXIX of the Town Code. NOW, THEREFORE, BE IT RESOLVED that the Town Board does hereby grant a Special Use Permit for the Project subject to the following conditions: CONDITIONS OF APPROVAL 1. Financial contribution equal to $175,000 to the Town of Concord to be allocated for the enhancement of recreational spaces within the Town or other Town-owned facilities. Said financial contribution shall be paid to the Town of Concord prior to issuance of the Building Permit. 2. The Project shall adhere to the Project Drawings submitted on March 9, 2026 and with any modifications as approved herein. 3. Project will adhere to the requirements set forth in the submitted O&M plan. 4. Project shall adhere to the NYSDAM guidelines for solar projects. 5. Town of Concord fire companies: East Concord, Springville, Morton Corners and surrounding fire companies interested in training shall be trained with no less than the minimum requirements necessary to establish a reasonable level of safety and protection from fire, explosion, and dangerous conditions. Part of the Town Code's objective is to ensure that firefighters can respond effectively and safely to a fire.