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Town Board of Malone modifies special-use permit for Malone Solar Project to allow surety bond
Summary
The Town Board of Malone on March 11, 2026 amended a prior conditional special-use permit for the Malone Solar Project (Yellow 17 LLC/Aspen Power Partners) to allow a surety bond in place of a letter of credit as decommissioning security, while reaffirming other site, operations and reporting requirements.
The Town Board of the Town of Malone voted on March 11, 2026 to modify a condition of a previously issued conditional special-use permit for the Malone Solar Project, allowing the project owner to post a surety bond in lieu of a letter of credit as decommissioning security.
Deputy Supervisor Andrea Stewart moved the resolution to modify Condition 7 of the conditional special-use permit previously adopted via Resolution 247-2025; Councilor Brian Taylor seconded. The motion was adopted with a recorded vote of Ayes 5 (Paye, Marlow, Stewart, Maguire, Taylor); Nays 0.
The board’s action follows a multi-year review process recorded in the town file: the application by Yellow 17 LLC (formerly Luna Rossa Malone Solar, LLC and Yellow 5 LLC) was filed Sept. 3, 2021; the project was classified as a Type I action under the New York State Environmental Quality Review Act (SEQRA); the board declared a Positive Declaration on Nov. 16, 2022 and required preparation of an environmental impact statement; a DEIS, FEIS and Findings Statement were completed between 2023 and 2024. The transcript and resolution record indicate the applicant is now an indirect wholly owned subsidiary of Aspen Power Partners LLC.
The board’s resolution modifies the permit while keeping in place several requirements: adherence to the approved site plan (with any approved modifications), implementation of the submitted Operations & Maintenance plan, reporting and permit-renewal requirements under the town’s solar law, implementation of the Stormwater Pollution Prevention Plan (SWPPP) and control measures during construction, compliance with NYSDAM guidelines for solar projects, a requirement that any change in owner or operator be reported to the Town Code Enforcement Officer within 30 days with updated contact information, and continuous compliance with applicable federal, state and local laws and approvals.
The modification specifically substitutes a surety bond for the previously required letter of credit as the decommissioning security, to be posted in accordance with the approved Decommissioning Plan. The record does not include the text of the bond or bond amount; the resolution requires submission of the surety bond “for the performance of its decommissioning obligations in accordance with the approved Decommissioning Plan.”
The action recorded in the minutes notes prior administrative steps including the Board of Variances and Appeals’ granting of a use variance on May 27, 2025, and references supplemental filings, scoping documents and public hearings carried out from 2022 through 2024. The board’s modification does not, in the meeting record, change other permit conditions or the project’s SEQRA findings.
Next steps: the resolution conditions the modification on continued compliance and on submission of the required surety bond; no further board action on the modification was recorded at the March 11 meeting.
