NOTICE IS HEREBY GIVEN of a PUBLIC HEARING to be held by the Brant Town Board in the Brant Town Hall, 1272 Brant-North Collins Road, Brant, New York on the 11th day of August, 2026 at 7:15 P.M. local time for the purpose of considering the Special Use Permit application of Ironyard Properties, LLC to build a 60 x 40 building on property of a junkyard site located at 10216 Southwestern Boulevard identified as SBL# 267.00-2-8.21 within the Town of Brant New York.

All interested parties will be given an opportunity to be heard. 

Dated: July 14, 2026

By order of the Brant Town Board

BARBARA J DANIEL

BRANT TOWN CLERK

DISCUSSION: The applicant’s attorney spoke first.  He noted some of the changes and improvements being conducted through the Special Use Permit, such as the building of a 2,400 SF pole barn (60x40) to be used for dismantling vehicles.  He also added that a new driveway (on the eastern side of the property on Rt. 20) will now be the only access point for customers.  The hours of operation will also change to: 8am to 5pm Mon-Fri and 9 am to 1 pm on Saturdays, and close on Sundays.  The property will soon have a scale. 

The Town Board asked if anyone else had any questions.  Councilman Muffoletto then asked about a better description of the driveway.  The attorney explained that it will be installed on the east of the property.

Town Attorney Bill Trask then spoke about some of the changes made to the conditions.  He noted that the original Special Use Permit did not allow an onsite office.  Based on the recommendations of the Planning Board, the applicant will now be permitted to have an onsite office.  He added that the original Special Use Permit does not allow operations on Saturdays but the planning board recommends allowing Saturday hours from 9 am to 1 pm.  Sunday will remain closed.  He added that the current permit requires all items to be stored inside the existing buildings, but the current permit will now simply require all items to be stored inside the fenced area.  Councilwoman Marien and Councilman Muffoletto commended the applicant on the nice job they are doing to the place.  It was noted that they have really cleaned up the place. 

At 7:27 pm, Supervisor DeCarlo motioned to close the public hearing, seconded by Councilwoman Brady.  5 ayes, 0 nays. MOTION CARRIED.

Prior to voting on the special use permit, Attorney Trask reiterated the new conditions:

• Final driveway approval from NYS Dept of Transportation
• Storage can be within the fenced areas
• Business may maintain an onsite office
• Amendments have been approved by the Planning Board but any further changes will require site plan approval
• Hours of operation may now be 8 am to 5 pm M-F and Sat from 9 am to 1 pm, closed on Sundays
• All other conditions of the current Special Use Permit as still in force.

Attorney Trask then advised the Town Board to act on the adoption of the Negative Declaration resolution prior to voting on the Special Use Permit.  The attorney then read the proposed resolution:

RESOLUTION OF THE BRANT TOWN BOARD

ADOPTING A NEGATIVE DECLARATION UNDER SEQR

(Application for Special Use Permit and

Site Plan Approval at 10216 Southwestern Blvd., Brant, NY)

WHEREAS the Town Board of the Town of Brant, Erie County, New York received an application of Ayush Dhupar and Ironyard Properties, LLC for a Special Use Permit and site plan approval for vehicle junkyard at 10216 Southwestern Blvd. in the Town of Brant (hereafter “proposed project”), which application was referred to the Planning Board for review and recommendation, and

WHEREAS, the Town Board previously declared itself Lead Agency under the requirements of the State Environmental Review Act (“SEQRA”), 6 NYCRR Part 617, and

WHEREAS, the Town Board also made a zoning referral to Erie County Department of Environment and Planning pursuant to General Municipal Law Section 239-m and received a response thereto with no recommendation, and

WHEREAS, a public hearing on the proposed Special Use Permit and Site Plan was held by the Town Board on August 11, 2026 and the Town Board has taken a hard look at the environmental impacts of the proposed project and has considered all comments from interested agencies and the public.

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Brant hereby finds that the proposed project will have no significant adverse impacts on the environment and hereby issues a Negative Declaration under SEQRA, 6 NYCRR Part 617.

August 11, 2026

Supervisor DeCarlo then motioned to adopt the Negative Declaration Resolution as presented above.  Councilwoman Giancarlo seconded the motion.  5 ayes, 0 nays. MOTION CARRIED.

At this time, Supervisor DeCarlo motioned to approve the Special Use Permit of Ironyard Properties, LLC with the current and updated conditions.  Councilwoman Marien seconded the motion.  5 ayes, 0 nays. MOTION CARRIED.

PUBLIC HEARING – NED-NEW ENERGY SOLAR 19 LLC:

At 7:30 pm, Supervisor DeCarlo asked the Town Clerk to read the legal notice:

The Town Clerk read the notice:

LEGAL NOTICE

TOWN OF BRANT TOWN BOARD

NOTICE OF PUBLIC HEARING

            NOTICE IS HEREBY GIVEN of a PUBLIC HEARING to be held by the Brant Town Board in the Brant Town Hall, 1272 Brant-North Collins Road, Brant, New York on the 11th day of August, 2026 at 7:30 P.M. local time for the purpose of considering the Special Use Permit application of NED-New Energy Solar 19 LLC for a Tier 3 Solar Energy System pursuant to Chapter 218 of the Town Code on property located at 0 Mileblock Road identified as SBL# 285.00-3-6.1 within the Town of Brant New York.

All interested parties will be given an opportunity to be heard. 

Dated: June 16, 2026

By order of the Brant Town Board

BARBARA J DANIEL

BRANT TOWN CLERK

Supervisor DeCarlo then motioned to open the public hearing, seconded by Councilwoman Brady.  5 ayes, 0 nays. MOTION CARRIED.

DISCUSSION:  Matt Dubois, Jim Bodecker and their engineer approached the bench to address the Town Board.  Mr. Bodecker presented a summary of their application.  He presented poster boards that showed the site plan of the project.  He noted that they are following the Town’s law and are not requesting a variance because their project is within the Town’s Solar Overlay.  They took into consideration all questions and comments when finalizing their project.  The location on Mileblock it is 104 acres, using 21.5 acres, which he added amounts to approximately 20% of the property.

He described their company as a locally owned co-development team doing business under the name New Energy Development and located in Depew.  Their partner is New Energy Equity out of Maryland.  They help them with the engineering and financing.  Mr. Bodecker then summarized their solar reach, which he stated is approximately 150 Mega Watts from New York to Illinois.  They currently have active projects in Depew, Great Valley, Wales, Victory, New York.  Other locations are in predevelopment stages.  He spoke regarding the Mileblock Rd project describing it as a 1.65 Mega Watt AC project.  Their utility study has been made, they are making deposits on that using due diligence.  They have signed off with the Town Engineer and followed all the requirements recommended by the Town. 

He explained that the landowner will continue to pay their normal real estate taxes. There will also be project taxes, based on valuation.  The project taxes will be lumped into the host agreement per the Town Attorney’s recommendation spoken of yesterday.  He stated this is just easier for bookkeeping.

National Grid is the utility, and he added that customers of National Grid are able to sign up for the program, called “Solar for All” which will save them from 5 to 20%.  They agree to market and distribute that to Town residents.  They are going to use local people for their project work.

As for safety, no batteries will be used in the project.  They also sent certified letters to all five fire departments to notify them.  He added that he spoke with Evan Russell of the Farnham Fire Dept and he made suggestions to them, which they implemented.  Councilman Muffoletto wanted clarification that there will never be a request to add batteries to the project.  Mr. Bodecker assured him there will never be batteries used for the project. 

Mr. Bodecker then added that they will be posting a Decommissioning Bond to protect the Town in the event the project becomes abandoned.  Councilman Muffoletto then asked if the Bond is for “current estimates” to remove the project.  Mr. Bodecker replied that there is a provision that allows adjustments for inflation. 

Councilwoman Giancarlo asked what happens if the property owner wants to sell the property.  He responded that the buyer would have to agree to follow the lease. 

He continued that the project is monitored remotely, so if a panel goes out, the whole thing isn’t shut down.  Mowing will be done twice a summer.  Inside the fenced area, they plant a wildflower mix to benefit the bees. It will generally be a meadow.  Outside the fence will be planted with lots of natural trees and new trees.  As for snow removal, they acknowledge the requirement to keep the access plowed in case of emergency.  They will discuss the number of inches before it’s plowed. 

Supervisor asked for public questions or comments.  No one spoke. 

7:42 pm, Supervisor DeCarlo motioned to close the public hearing, seconded by Councilman Muffoletto.  5 ayes, 0 nays. MOTION CARRIED. 

Supervisor DeCarlo then asked Bridget (Clerk note: Attorney hired to review the project) stated she and Justin the Town Engineer received the final drawings yesterday but haven’t had time to connect on them yet.  Therefore she is recommending no decision tonight.  It will be put on the September agenda.

Matt Dubois, attorney for the applicant asked if it was possible to hold a special meeting because the applicant is approaching an upcoming rather large payment obligation for the project.  Supervisor DeCarlo stated they will look into it and get back to them.

RETURN TO MONTHLY REPORTS:

TOWN CLERK’S JUNE & JULY ACTIVITY REPORT TO THE BOARD: The Town Clerk presented her June & July Activity report.  She closed by announcing an upcoming free “Stop the Bleed” training event where attendees will learn how to assist someone who is experiencing a bleeding episode.  It will take place on September 2^nd from 6 pm to 8 pm at the Town of Brant Senior Community Building.  Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Marien.  5 ayes, 0 nays. MOTION CARRIED.

PLANNING & ZONING REPORTS: Planning Board Chair Debbie Ritz stated at their August 4th meeting, they reviewed a request from the Zoning Board of Appeals Chairman.  The interpretation of a particular Town law was pertaining to a property owner’s project.   After a lengthy review of the request, the planning board voted to adhere to the Code Enforcement officer’s interpretation of the law. She will draft a letter to the Zoning Board chairman advising of their decision.  Supervisor DeCarlo motioned to approve, seconded by Councilwoman Marien. 5 ayes, 0 nays. MOTION CARRIED. 

TOWN HISTORIAN REPORT: Tabled.

BRANT SENIOR’S MEETING:  No meeting was held due to picnic.

FIRE COMPANY REPORT: Evan Russell gave the report.  He also advised the Town Board of a grant they are applying for in the amount of $165,000.  He spoke of the possibility of a repeater system.  He also spoke about the demolition of Town Ghost Homes.  The Brant junkyard and village and town residents are helping to provide junk vehicles for the training of extrication.   They are also working to acquire and train 8 drivers by the end of 2027.  Councilman Muffoletto thanked Evan for providing the report, noting that they do not get reports from anywhere else.  Supervisor DeCarlo motioned to accept the report, seconded by Councilwoman Brady. 5 ayes, 0 nays. MOTION CARRIED.

CODE ENFORCEMENT OFFICER’S REPORT:  The July Code Enforcement report was read by Councilwoman Marien.  Supervisor DeCarlo motioned to approve the report as read, seconded by Councilwoman Brady.  5 ayes, 0 nays. MOTION CARRIED.

OLD BUSINESS: 

UPDATE ON NEW CDBG PLAYGROUND PROJECT: Supervisor DeCarlo noted that each board member has for review the estimate and renderings pertaining to the playground project at the Town Hall.  Supervisor DeCarlo explained that the new playground will be larger.  Councilwoman Marien asked about the base that will be used.  It was noted that wood fiber will be used as a base.  Discussions questioning why not use shredded tire rubber.  Councilwoman Marien asked why they couldn’t use the same rubber bead matts as Farnham used in their playground.  Councilwoman Marien and Councilman Muffoletto will assist the Supervisor in speaking with the Highway Department.  Councilman Muffoletto asked if volunteers could help with removing the old playground.  It was noted that if the insurance covers the volunteers that should be fine.  Discussion regarding the possibility of scrapping the old playground.

NEW WEBSITE DESIGN QUOTE: Discussion pertaining to the three quotes received. The Town Board was very interested in retaining “Town Web” because they discovered they had built the Town of Hanover’s website and they all liked the site.  

[clerk’s note:  This company quoted their fees as follows:

1^st year fee: $2,460

2^nd year fee: $2,460

3^rd year fee: $2,460

4^th year fee: $2,460

5^th year fee: $2,460

Other optional items were also quoted separate from the website]

Discussion began regarding the compatibility of the “Town Web” with our new Tech support.  After discussion, it was decided to approve Town Web contingent that it is approved by the Town Attorney and it is found compatible with the Town’s new Tech support.  The main question unanswered was if “Town Web” will migrate the minutes to the new website. 

 Supervisor DeCarlo motioned to approve “Town Web” tentative to Town Attorney’s review and approval, seconded by Councilwoman Brady. 5 ayes, 0 nays.

Roll Call was taken:

Supervisor DeCarlo-aye

Councilwoman Brady-aye

Councilwoman Giancarlo-aye

Councilman Muffoletto-aye

Councilwoman Marien-aye

MOTION CARRIED.

NEW BUSINESS: 

PRESENTATION BY WESTON HILLIGAS, Brant PV, LLC Solar project: Mr. Hilligas introduced himself as representative of Brant PV, LLC.  They are a Solar Energy company who is currently applying to install a 4 MWatt Solar array project at 10790 Erie Road in the Town of Brant.  The 50 acre parcel is owned by Langford Tree Farm, LLC.  Brant PV, LLC is requesting to use 23 acres of the 50-acre parcel.  He presented a Visual Impact rendering.  The large application contains several studies that were done.  The project is similar to the one presented by NED.  He explained the only difference between their application, and NED’s application is that this parcel is outside the Solar Overlay district and therefore they need a variance.  They also need a separate variance for the setback requirements.  As for Erie Road, the setback from Erie Road is approximately 775 feet away.

Councilman Muffoletto asked if they planned to use batteries now or in the future.  Mr. Hilligas stated no.  He then briefed the Town Board about his interactions thus far with the Planning Board, ZBA, Town Staff and CPL.  Through these departments, the Town has provided detailed comments regarding site layout and variances, wetlands, storm water management, glare, agricultural impact, emergency response plan, maintenance and decommissioning.  Site plan changes were made in response to those comments and concerns.  He presented a summary of the comments/concerns they have already addressed.  Councilman Muffoletto asked what the property was used for. Mr. Hilligas responded that the landowner intermittently planted it with corn. 

Regarding screening, they will be planting 7-foot-tall evergreens.  They have worked with the Army Core of Engineers already, and are still working with the DEC. 

When the applicant concluded his discussion, Bridget O’Otoole, the Attorney retained by the Town to oversee the application spoke.  She instructed the Town Board to consider the adoption of the resolution Declaring Lead Agency and to set a public hearing.  Attorney Bridget stated she would not be available for the September 8^th board meeting.  Discussion began regarding possible dates.  Final decision was to hold the public hearing on September 15^th at 7:15 PM. 

Supervisor DeCarlo moved, and Councilwoman Brady seconded to adopt the following resolution:

TOWN OF BRANT TOWN BOARD RESOLUTION

Resolution Declaring Lead Agency and Setting

a SEQRA Public Hearing

for the Brant PV, LLC Solar Energy Project

10790 Erie Road

Meeting Date: August 11, 2026
Resolution No.: 26-0811

RECITALS

WHEREAS, Brant PV, LLC (the “Applicant”) has submitted an application and supporting materials concerning a proposed solar energy project in the Town of Brant (the “Project”); and

WHEREAS, on April 14, 2026, the Town Board declared its intent to act as Lead Agency for the environmental review of the Project under the New York State Environmental Quality Review Act (“SEQRA”), classified the Project as a Type I action, and directed the Town Clerk to circulate notice of that intent to all involved and interested agencies; and

WHEREAS, as of this date no agencies have objected to the Town Board serving as Lead Agency; and

WHEREAS, following coordinated review, the Town Board is serving as Lead Agency for the SEQRA review of the Project; and

WHEREAS, the Town Board has determined that a public hearing should be held to receive public comment concerning the Project and its environmental review.

RESOLUTION

NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Brant hereby declares itself Lead Agency for purposes of SEQRA review and schedules a public hearing concerning the Project and its environmental review under SEQRA for September 15, 2026, at 7:15 p.m., at Brant Town Hall; and it is further

RESOLVED, that at the public hearing all interested persons will be given an opportunity to be heard concerning the Project and its environmental review, subject to such reasonable procedures as the Town Board may establish for the orderly conduct of the hearing; and it is further

RESOLVED, that the Town Clerk is hereby authorized and directed to publish, post, serve, and otherwise provide notice of the public hearing as required by applicable law and to make the application and relevant environmental-review materials available for public inspection; and it is further

RESOLVED, that special counsel for the Town and other appropriate Town officers, employees, and consultants are authorized and directed to take such actions as may be necessary to carry out this Resolution.

Supervisor DeCarlo-Aye

Councilwoman Brady-Aye

Councilwoman Giancarlo-Aye

Councilman Muffoletto-Aye

Councilwoman Marien-Aye

5 ayes, 0 nays.  MOTION CARRIED.      RESOLUTION ADOPTED

TOWN OF BRANT’S COMPREHENSIVE PLAN UPDATE (First Amendment):   Town Attorney Trask explained that the Town of Brant Comprehensive Plan project will require an extension until the end of 2026.  Therefore, this amendment to the Comprehensive plan project will extend the date to December 31, 2026.    The Town Attorney added that the Town Board will also grant the Supervisor authority to sign the agreement.   Supervisor DeCarlo motioned to adopt the agreement and was seconded by Councilwoman Brady.  5 ayes, 0 nays. MOTION CARRIED.

SET PUBLIC HEARING CONSIDER LOCAL LAW #2-2026 TO IMPOSE A DATA CENTER MORATORIUM:  Town Attorney William Trask advised the Town Board to set a public hearing to adopt Local Law #2-2026 which would impose a 12-month moratorium on the siting, development or construction of data centers, accessory data centers, and cryptocurrency data mines within the Town of Brant.  This proposed local law does not require planning board review.  Supervisor DeCarlo motioned to set a public hearing for Local Law #2-2026 at 7:30 PM on Tuesday September 15, 2026.  Councilman Muffoletto seconded the motion.  5 ayes, 0 nays. MOTION CARRIED.

2026 BRANT RECREATION ATTENDANCE RECAP:  A total of 113 children were enrolled in 2026 Brant Recreation.  51 were Residents, 62 were non-residents.  The daily bus included 37 children with 8 being residents.  Compared with 2025, 111 enrolled with 41 being residents, and 70 non-residents. 

BACKPACK GIVE AWAY:  The Farnham Ladies Auxilliary is hosting a backpack give away for kids in the community on August 16^th.  Donations are currently being accepted at the Brant Town Hall. 

PRIVILEGE OF THE FLOOR: No one spoke

TOWN BOARD REPORTS:

Councilwoman Giancarlo:  No report

Supervisor DeCarlo: No report

Councilwoman Brady: No report

Councilman Muffoletto: No Report

Councilwoman Marien: Read the attendance of the 2026 Free Concert series.  The attendance in order by concert dates are 120, 200, 132, 210 and 120.  She then thanked Dolly Huffnagle for all her hard work on the concerts.

Meetings & Correspondence:

The first August sales tax remittance is in. The current transfer is 8.46% greater than the corresponding 2025 amount. Year-to-date transfers are running at 5.31% ahead of last year at this time.  

Supervisor DeCarlo announced that the Town received a $4,500 grant from Legislator John Mills for the playground at the Town Hall.  He thank Legislator Mills who was present in the audience.  Supervisor DeCarlo added a special thank you to the Legislator for being there whenever the Town needed anything.

Supervisor DeCarlo also received a “Thank you” letter and a year recap from the Lake Shore Storm girls softball.

APPROVAL OF ABSTRACT 8: Supervisor DeCarlo read the Abstract (8 of 2026):

ABSTRACT 8 of 2026

*Prepaid and unpaid as of 08/11/26 Total Claims $ 264,984.70

Gen Fund Town wide Vouchers Totaling: $ 53,411.80

Gen Fund – Part Town Voucher Totaling: $ 14,005.41

Highway T.W. Vouchers Totaling: $ 6,481.16

Highway P.T. Vouchers, Totaling:  $ 52,974.98

Street Lighting:  Voucher Totaling:  $ 2,977.858

Brant Water Dist 1 (SS2&SW):  – Totaling $

Fire Protection District: $ -  135,133.50

PAYROLL (3 pay periods):

General Town Wide Payroll 6/14/26-7/25/26 – Totaling $ 152,882.12

General Part Town Payroll   6/14/26-7/25/26 -Totaling:  $ 2,589.12

Highway Payroll TW 6/14/26-7/25/26 -Totaling:  $ -

Highway Payroll PT 6/14/26-7/25/26 -Totaling:  $ 14,149.04

Supervisor DeCarlo motioned to approve Abstract 8 of 2026, seconded by Councilman Muffoletto. 5 ayes, 0 nays.

 Roll Call was taken:

Supervisor DeCarlo-aye

Councilman Muffoletto-aye

Councilwoman Giancarlo-aye

Councilwoman Marien-aye

Councilwoman Brady-aye

MOTION CARRIED.

Supervisor DeCarlo announced the next regular Town Board meeting to be held Tuesday September 15th, 2026 at 7:00 PM. 

At 8:35 pm, Supervisor DeCarlo motioned to adjourn the meeting in memory of Tina Law & Georgana Bellevia, seconded by Councilwoman Giancarlo.  5 ayes, 0 nays. MOTION CARRIED

Respectfully submitted by,

Barbara J Daniel

Brant Town Clerk