Village votes to prohibit Battery Energy Storage Systems

By MARTIN WILBUR

New battery energy storage systems are now effectively banned from Mount Kisco after the Village Board unanimously voted Monday night against defining the facilities as public utilities. 

The prohibition came nearly a year after the board enacted a moratorium on the systems after an application for a large-scale BESS proposed near the soccer field at the Diamond Properties complex located at 333 North Bedford Road, Mount Kisco, exposed a blind spot in the village’s zoning code. New Leaf Energy’s proposal was rejected once Building Inspector Peter Miley’s interpretation was upheld by the Zoning Board of Appeals that BESS were not public utilities.

Mayor J. Michael Cindrich said the board wanted to protect the village until the technology improves and firefighters are better equipped to combat a blaze caused by the shipping container-sized lithium-ion battery units. There have been multiple serious fires connected to BESS around the U.S. in recent years, with many burning for days.

Cindrich did not rule out that additional systems could be developed in Mount Kisco in the future.

“We’re not closing the door on a continued review, and I’m very confident that we have an expert on staff in our building inspector, and I’m very confident that this may come to a resolution as we go forward, and I’m not dismissing the entire idea of enhancing our environment,” Cindrich said.

However, the mayor noted that Mount Kisco already has three large-scale facilities within its borders and several smaller units, demonstrating that the village is doing its part for the region’s development of renewable energy. Large-scale systems ranging from 522 to 1,026 kilowatt hours are at Oakwood Cemetery, the village’s former landfill, and on the roof of the courthouse and police station complex.

Meanwhile, Yonkers, the largest municipality in terms of population in Westchester, has one large-scale unit, and neighboring New Castle has none, he said.

The action taken by the board Monday was the first of five public hearings held, which also saw the approval of a revised code regulating personal wireless facilities related to small cell service that will require service providers to obtain a special permit, ensuring the applicants comply with all village codes and being subjected to random emissions testing.

During the conclusion of the public hearing on the BESS this week, most of the half-dozen speakers applauded the board’s efforts to protect a village of about 11,000 residents within three square miles. Resident Sally Fay said she resents the pressure being exerted by New York state and applicants who are citing the need for more of these systems to help the state transition to renewable energy. Other people have made similar arguments, particularly concerning the proliferation of cell towers in Mount Kisco.

“Many of us are tired of being a dumping ground for this, maybe because of our zoning. I’m not sure why,” Fay said. “Why can’t they look elsewhere? We are a densely populated village. This has been talked about many times and it’s very hard to think of a place where something like this could go that doesn’t place a lot of our citizens and children at risk when something, if something, does happen.”

Steven Prevendoski said he works in Carmel where the outcry against BESS was so intense the Town Board approved a ban against large-scale facilities of more than 600 kilowatt hours. While civic involvement has been comparatively muted in Mount Kisco, the board is doing its job in looking out for its residents.

“I see it as a really big safety concern,” Prevendoski said. “The population is dense here and a lot of people with the town really can’t be so involved with the town. So, there’s not a lot of people to speak out.”

However, Michael Sheridan, an attorney representing Catalyze, a firm that develops energy storage facilities in the metropolitan area, urged the board to continue the moratorium rather than enforcing a ban on BESS. Sheridan said the state released its long-awaited updated fire standards late last month, which provides new guidelines for the systems.

Furthermore, there are multiple benefits derived from BESS, such as providing more cost-effective energy, diminishing the number of peaker plants throughout the state, which use fossil fuels during times of high demand and hurts the environment, Sheridan said.

He also said that the ban wouldn’t prevent BESS applicants from seeking a zoning variance, possibly overwhelming the ZBA.

Sheridan urged the village to keep the moratorium in place while it retains professionals to review the state’s new fire standards.

“You don’t have enough of a record to make the determination, in our opinion, that these BESS systems are not safe, which we’re saying they are,” Sheridan said.

Miley, who has been a firefighter for about 30 years and serves as an at-large member of the county’s Fire Advisory Board, said the village has yet to fully review the standards. It is anticipated that the standards will be phased in starting next month and likely will be in full effect by Jan. 1, 2026, Miley said.

He told the board that he believes the village’s action at this time is appropriate. 

“There’s not a single Westchester County fire department — they’re not qualified nor do they have the right PPE, personal protection equipment — to fight these fires,” Miley said.

The record also reflected a May 27 letter from Mount Kisco Fire Chief Matthew Hollis detailing why the department and the village is ill-equipped to have more systems.

Expiration of the original six-month moratorium, which had two three-month extensions, also weighed on the Village Board. The final extension expires the last week of August, and with the board’s next meeting scheduled for Sept. 2, there is the possibility of an applicant submitting a proposal.

“Unfortunately, the way the timing shakes out, we’re not in a position to extend the moratorium without a gap, and I think we’ve gotten to the place that we are, the recommendations are based on safety considerations of our residents,” Trustee Karen Schleimer said. 

Trustee Angie Garcia-Guerra said protection of the community was paramount.

“I don’t feel comfortable being pressured into doing something that’s not safe, so when the technology is safer, we can have a different discussion,” she said.

While the entire board agreed that large-scale BESS should be currently banned, the law also bans systems of any size. Trustee Thomas Luzio said he would have preferred to allow small residential units with a maximum of 40 kilowatt hours connected with individual solar panels. Small-scale units are considered to have storage of 20 to up to 80 kilowatt hours of energy.

However, he voted in favor of the ban to protect the village from the imminent threat of the large commercial systems, while urging his colleagues to make changes to the municipality’s solar regulations.