Mt. Kisco ZBA Decides Against Permitting Battery Energy Storage System
News Based on facts, either observed and verified directly by the reporter, or reported and verified from knowledgeable sources.
The Mount Kisco Zoning Board of Appeals (ZBA) determined in an interpretation last week that a proposed Battery Energy Storage System (BESS) does not meet the standards to operate in the village.
Despite pleas by the attorney for applicant New Leaf Energy, the ZBA concluded in an informal poll that the facility isn’t necessary and continued to question whether it can be considered a public utility facility.
But Attorney Robert Gaudioso said that while the village code is vague, there has been prior precedent that state’s when a code is silent or inconclusive, the advantage goes to the applicant.
Furthermore, he explained that with New York State’s goals to move toward alternate sources of electricity, the system is necessary to operate including in the immediate area.
“This is electricity in the Mount Kisco feeder line at this particular site based upon the location of those feeder lines for Con Edison that’s calling for electricity based on their call map at certain periods of time, specifically in the Mount Kisco area,” Gaudioso said.
In a June 7 letter to the board, Gaudioso further outlined the need for these systems not only locally but throughout the state if New York is going to reach state’s goals of using 70 percent renewables by 2030 and 100 percent by 2040.
“As we have discussed, the Facility is necessary to integrate renewable energy sources into the grid while also maintaining grid stability, and provide firm energy output during periods of peak usage, which prevents system outages during extreme weather conditions,” the letter stated.
However, all but one of the board members were hesitant to offer an interpretation in favor of the applicant given the gravity of the issue for potential future applications.
Chair Wayne Spector said the board has been asked to broaden an interpretation to include a facility that was not included or contemplated. But Spector was also concerned with Gaudioso’s opinion that the facility is necessary.
“I continue to grapple with the word necessary,” he said. “I think it’s useful, it’s helpful, I think it may serve the public good, but I’m personally not there yet on the word necessary at this particular stage.”
Members George Hoyt and Jacqueline Broth agreed that it is really the job of the courts and/or the state legislature to clarify whether the use should be allowed.
“The law had to catch up to the technology, and we’re not there,” Broth said. “This technology isn’t in a describable place to us that’s comfortable. I do believe it has to be legislated or cut through the court system and not from a local zoning board.”
Only board member Alex Roithmayr said he would consider the BESS a public utility facility.
Gaudioso said he intends to argue before the board that the storage facility can be approved under a use variance. That application was submitted at the time the request for a zoning interpretation was made last year. In December, Building Inspector Peter Miley reached a similar conclusion as the ZBA.
New Leaf Energy may return to the board at its next meeting on July 16.
Martin has more than 30 years experience covering local news in Westchester and Putnam counties, including a frequent focus on zoning and planning issues. He has been editor-in-chief of The Examiner since its inception in 2007. Read more from Martin’s editor-author bio here. Read Martin’s archived work here: https://www.theexaminernews.com/author/martin-wilbur2007/
