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Town of Hamburg Planning Board Minutes July 1, 2026 • Planning Board reviewed the Project during its May 20th meeting- The Planning Board adopted a resolution for the purpose seeking lead agency status for a coordinated environmental review pursuant to SEQR • Seeking a Use Variance since the project is not permitted in the Neighborhood Commercial General Residence District. Variance Application and supporting documentation filed on May 1, 2026. • Pursuant to Section 280-393 of the Zoning Code, Tier 3 battery energy storage systems are permitted only in the industrially zoned areas of the Town through the issuance of a special use permit and shall be subject to the Uniform Code and the site plan application requirements set forth in the Tier 2 section and other applicable sections of these regulations and the Town Code. • Lead Agency Solicitation Letter issued on behalf of the Planning Board on May 27, 2026. • ZBA reviewed the project during its meeting held on June 2, 2026. • 30-day lead agency response period expired on June 26, 2026 • Interconnection Connection Agreements entered into with National Grid on September 4, 2025. • Comment letter from the Erie County Department of Environment and Planning dated June 12, 2026 o Consented to the Planning Board being the Lead Agency o While the Town’s code §280-392F requires “The one-hour average noise generated from the battery energy storage systems, components, and associated ancillary equipment shall not exceed a noise level of 45Dba as measured at the outside wall of any nonparticipating residence or occupied community building.”, no information regarding such was included in the SEQR packet, and the FEAF addressed only construction noise. The Town and developer should commission a Noise Study to ensure mitigation measures as needed are included to ensure no or low impact on neighboring sensitive receptors. o The Town and developer must ensure an Emergency Response Plan is reviewed, approved, and filed with the fire district • Comment letter from the NYS Department of Environmental Conservation dated June 24, 2026 o This is to acknowledge receipt of your notice, dated May 29, 2026, which requested State Environmental Quality Review Act (SEQR) Lead Agency status for the above-noted project. The New York State Department of Environmental Conservation (NYSDEC) concurs that the Town of Hamburg should act as SEQR Lead Agency. Based on a review of the project site, no significant environmental concerns were identified. • Memorandum of the Conservation Advisory Board dated June 23, 2026 10