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Cheektowaga board repeals Article 10 solar tax opt‑out after debate
Summary
After debate about whether the exemption benefits homeowners or large commercial installers, the Town Board voted to repeal its Article 10 opt‑out for certain energy systems; the supervisor abstained from the vote.
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The Town Board of Cheektowaga voted on April 28 to repeal the town’s Article 10 opt‑out exemption for certain energy systems, a measure supporters said will avoid subsidizing large commercial projects while opponents warned it could disincentivize residential solar.
The repeal was carried by roll call; the clerk recorded six votes in favor, none opposed, and Supervisor Brian Noah abstained as sponsor. During debate, board members noted the provision was an "all‑or‑nothing" choice: it cannot be separated into residential and commercial components under current municipal law as adopted.
During public comment Gary Bork urged keeping the exemption to encourage homeowners, saying residential uptake is low and that removing the exemption would effectively subsidize New York City–based commercial developers. "I'm all in favor of homeowners having the ability to get an exemption... Let the state subsidize those companies instead of putting it on the backs of local taxpayers," Bork said.
Council members said the measure opens opportunities for commercial pilots but acknowledged limited residential use to date; one council member said only one residential homeowner had taken advantage of the exemption so far. Supervisor Noah — while listed as sponsor — said he would abstain from the vote out of caution.
Next steps: The repeal takes effect immediately per the resolution language. The board indicated it could revisit separating residential and commercial treatment if state guidance or new models for local carve‑outs become available.

