Village board extends BESS moratorium

By MARTIN WILBUR

The Mount Kisco Village Board renewed its moratorium on battery energy storage systems (BESS) for another three months, extending the prohibition on approvals of the facilities through Aug. 29.

Board members kept the ban in place for its maximum duration with a unanimous vote May 19, but will need to adopt a new law with notified public hearings in order to continue a moratorium. Late last summer, the board enacted the original six-month moratorium and has since extended it twice, each time for a three-month duration.

Earlier in 2024, applicant New Leaf Energy, proposed a Tesla Megapack BESS near the soccer field at the Diamond Properties complex at 333 North Bedford, which drew immediate concerns. The zoning board of appeals last July concluded that the applicant’s requested interpretation of the zoning code was too broad for consideration.

Safety worries, particularly fires that have been reported at some BESS sites throughout the country, has prompted municipalities to take action, including throughout the lower Hudson Valley. Mount Kisco officials said last year that they would put together a committee to evaluate whether the current systems could be operated safely in the village.

“This is not something that is appropriate, in my opinion, for a small, built-out, urban community, and that’s the challenge we’re having,” Mayor J. Michael Cindrich said. “It’s taking so long to resolve the issue.”

If the village board hopes to continue with the moratorium beyond Aug. 29, it would have to draw up another law, refer it to the local and county planning boards, hold a public hearing and enact it before the current moratorium’s expiration.

Trustee Karen Schleimer expressed uneasiness about the timing of the latest extension’s expiration, because that would force the village to hold a public hearing during the summer when many residents are on vacation. 

However, Mount Kisco would be vulnerable if any application is submitted during even a small gap after the current extension expires, Deputy Mayor Theresa Flora said.

Village Manager Edward Brancati said the next three months should be enough time so there is no gap.

“I think if we have something by the end of June, beginning of July, that can be referred out so the first hearing in July, not only can we get the referrals out, but a public hearing can be scheduled for the second meeting in July,” Brancati said. “You’d be able to close the hearing and take action sometime in August before the 29th.”

Resident Louis Terlizzi, a former village police chief, suggested the board amend the zoning code to prohibit a BESS from being installed before mandates limiting a municipality’s ability to regulate the systems are approved. The town of Carmel in Putnam County approved a ban, he said.

“They’re too volatile in the event of a toxic release. They have an evacuation (zone) of 3 miles,” Terlizzi said. “Mount Kisco is only 3 square miles. We’re too small and too densely populated.”

Meanwhile, legislation introduced earlier this session in Albany would put the approval process largely in the hands of the state.