Applicant Presses Mt. Pleasant for Hardship Waiver to BESS Moratorium
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The applicant for a proposed five-megawatt battery energy storage system (BESS) in Valhalla argued for a hardship waiver to Mount Pleasant’s moratorium for the facilities as town officials made clear why they enacted the pause.
Attorney Robert Gaudioso said at the Nov. 26 public hearing that his client, New Leaf Energy, requested an exemption because the application for the site plan for the facility at the 10-acre property at 115 Wall St. was filed last February. New Leaf Energy also filed for a special permit application on June 5.
A six-month moratorium was approved by the board on Sept. 10.
Gaudioso called on the Town Board to allow New Leaf Energy to process the application and would make its representatives available to answer questions officials might have about the project, safety concerns and other related issues.
“We’d be happy to meet with your staff, your consultants, the Town Board, yourself, in preparing the new regulations because we do not oppose regulations, but we believe the existing regulations and the Zoning Board and the Planning Board have the ability to process this application if this waiver was granted,” Gaudioso said.
There would be no disturbance to the general public with the closest residence about 1,100 feet away and the closest commercial building 150 feet from the BESS, he said. The parcel is located in the Light Industrial zone.
New Leaf’s Project Engineer Zachary Longo said the BESS, consisting of six Tesla Megapack 2 XL batteries, would be sufficiently screened in a grassy area and within a forested area to prevent any intrusion to neighboring properties.
What makes the site so attractive for New Leafy Energy is that it would be located just south of a Con Edison utility line about 40 feet away, Longo said. The BESS would be connected to the utility’s grid, he said.
Despite assurances from the applicant, board members said they enacted the moratorium to learn more about the systems. Supervisor Carl Fulgenzi explained that with two BESS facilities already in operation in town and concern about keeping the public safe and preventing fires, it was prudent to take a breather and examine the pros and cons of the units.
“We all worry about what does it do to the air, does it pollute the air, is it going to pollute the water,” Fulgenzi said. “These are all issues that we have to look at. It’s not a simple decision for us to make, and if you get the finest batteries in the world; I’m sure Tesla batteries are high quality. But we’re in a tough position, that’s all I can tell you.”
He added that town officials hope to craft regulations that are sound and will not be challenged by New York State because Albany has been enacted escalating mandates connected to many issues.
Gaudioso said that with the state looking to meet its climate goals of at least 70 percent of its energy being derived from renewable sources by the end of the decade, energy storage is a critical part of meeting that challenge.
Many of the fears about the systems are unfounded and exaggerated through social media, especially as technology rapidly improves, he said.
“What I will say is I believe we picked a good site; we think we have the best batteries, the Tesla Megapack 2 batteries, that’s the technology that’s been approved by New York City, that’s the technology we’re installing or has been installed at the Hawthorne project,” said Gaudioso referring to the BESS at the Hawthorne Reformed Church. “A lot of what you’ve heard or seen is incorrect. The amount of fires are very minimal.”
During the hearing, Valhalla resident Richard Briganti, along with some board members, questioned why waiting until the moratorium expires would present a hardship to New Leaf.
Hawthorne resident and retired New York City firefighter Carlo Valente also asked why Mount Pleasant has become a testing ground for these facilities. In addition to the church, there’s one at the community center in Valhalla. Two weeks ago a proposal was presented to the board for a larger system at Rosedale Nursery on Route 9A.
Currently, the risk outweighs the reward, Valente said.
“But the BESS that gives us two to four hours of energy on a good day is not going to solve the system,” he said. “The (electrical) system needs to be revamped.”
Mount Pleasant is not a testing ground as there are multiple systems that have become operational in New York City, and more are on the way, Gaudioso said.
The attorney added that the town’s moratorium, which is quite limiting by prohibiting even the processing of applications, does provide for a waiver, meaning officials anticipated there could be exceptions.
But his client has already invested about $550,000 into the project, and any delays would also cost the property owner revenue in the way of payments from New Leaf Energy, which is the lessee of the property, Gaudioso said.
“These facilities are expensive to install,” Gaudioso said. “They require a lot of capital.”
The Town Board adjourned the hearing until Dec. 10. Fulgenzi said the board would also look to hold a work session to discuss the issue again and was open to inviting New Leaf representatives to that discussion.
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/