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Town Board Minutes of May 12th, 2026 The meeting of the Wales Town Board was held on the 12th day of May 2026 at the Wales Community Center, 12345 Big Tree Road, Wales Center, New York. The meeting was called to order by Supervisor Howard at 7:11 pm EST. ROLL CALL: Taken at Public Hearing Supervisor Howard Councilman Gallo Councilman Newman Councilman Butcher Councilwoman O’Connor Present: Attorney Phyllis Todoro (8) Residents whose names are on file. INVOCATION: led by Councilman Butcher PLEDGE OF ALLEGIANCE: led by Councilman Gallo ADOPTION OF AGENDA: MOTION # __By Councilman Butcher, second by Councilman Newman, approving the agenda. Carried ayes-5 noes-0 ACCEPTANCE OF MINUTES: MOTION # __ By Councilman Butcher, second by Councilwoman O’Connor, approving the Town Clerk’s minutes of April 14th. Carried. ayes-5 noes-0 INVITATION FOR PUBLIC COMMENT ON AGENDA ITEMS: none OLD BUSINESS: 1. 13748 Big Tree Solar Project Supervisor Howard Stated that the first item was to approve the Host Community Agreement MOTION# __by Supervisor Howard and seconded by Councilman Newman to approve the Host Community agreement. Carried 5 ayes 0 noes The Supervisor then introduced the acceptance of the decommissioning plan. He explained that it’s a working document that would be subject to revisions prior to construction or periodic updates (at least every five years) to reflect current decommissioning cost and conditions. MOTION# __by Councilman Butcher and second by Councilman Newman to accept the decommissioning plan as presented ,with the understanding that it is subject to future revisions. Carried 5 aye 0 noes The special use conditions It was noted that a provision in the existing solar law (Section 196-10) requires a building permit to be obtained within six months and project completion within twelve months. Given the scope and complexity of the project, this timeline was determined to be impractical. Conflicting with specific timelines outlined in the individual conditions. After review, it was recommended that the paragraph under “Ongoing Conditions” (between Conditions #20 and #21), which establishes a general timetable, be deleted as redundant. Spoke to Phyllis today, saying that perhaps the board would be able to grant a waiver of that on record. If that entire paragraph was deleted. It would be fine. And everything else there sets its own starting and ending time. MOTION# __by Supervisor Howard and second by Coucnlam Butcher approving to delete conditions #20 & #21 and accepting the rest of it as written. Carried 5 aye 0 noes The attorney Matt Douis stated 14 to 18 months is more the time frame of the project. MOTION#__by Councilman Newman and Supervisor Howard Clarifying condition # 25 “final site plan approval”. This approval was given months ago, with the recommendations from Planning Board and Conservative Board, as long as nothing has changed this is the final site plan. Next steps would be obtaining a building permit and following all conditions in the special use permit. Building Inspector Whitehead is creating a checklist of inspectors for the project and meeting neighboring towns Building Inspectors to go over their inspection checklist and see what the monthly and yearly. Carried 5 aye 0 noes TOWN OF WALES - TOWN BOARD RESOLUTION TO ISSUE A SPECIAL USE PERMIT FOR “NED- New Energy Solar 10 LLC” WHEREAS, the Town Board of the Town of Wales received a Special Use Permit application from New Energy Development ‘NED’ (the “Applicant”) for the construction of an approximately 2.7 +/- (AC) MW ground-mounted solar facility to be located at 13748 Big Tree Road, Town of Wales, New York and referred to as “NED New Energy Solar 10 LLC”; and WHEREAS, pursuant to and in accordance with the provisions of section 617.6 of the New York State Environmental Quality Review Regulations (6 NYCRR part 617) the Town Board of the Town of Wales completed Part 1 of a Full Environmental Assessment Form (EAF) and declared its intent to seek Lead Agency status for SEQR purposes; and WHEREAS, pursuant to and in accordance with the provision so Section 239-M of the General Municipal Law, the Town Board of the Town of Wales referred the “NED New Energy Solar 10 LLC” solar project to the Erie County Planning for review and comments were received (of local concern); and WHEREAS, in accordance with the Town Solar Law, the project was referred to the Town Planning Board and Conservation Advisory Board, and recommendations were received from each of those Boards; and WHEREAS, numerous public meetings were held and a public hearing was held on October 14, 2025, and the public provided their comments on the project; and WHEREAS, the Wales Town Board in accordance with the New York State Environmental Quality Review Act (SEQRA), having conducted a coordinated review, reviewed Part 1 of the FEAF and completed parts 2 and 3 of the FEAF and discussed them over several meetings, and has done a thorough review of the project and its potential impacts; and made a SEQR determination of non-significance on February 10th, 2026 ; and WHEREAS, the Town Board of the Town of Wales has thoroughly reviewed the project in accordance with its laws, considered comments received, and based on input the project has been amended, and the Town of Wales Town Board intends to authorize the issuance of a Special Use Permit to Applicant for the “NED- New Energy Solar 10 LLC” solar project subject to the conditions set forth in such Special Use Permit attached as “Attachment A” in accordance with the Town Code of the Town of Wales. NOW THEREFORE BE IT RESOLVED, by the Town Board of the Town of Wales, that the Special Use Permit application as further supplemented by the Applicant for “NED- New Energy Solar 10 LLC” is hereby approved subject to the conditions set forth therein (Attachment A);