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Mount Kisco Enacts Moratorium on Battery Energy Storage Systems

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The Village of Mount Kisco last week voted to approve a six-month moratorium on any battery energy storage systems (“BESS”) application.

The unanimous vote by the Village Board followed a brief public hearing on the potential impact of battery storage systems on surrounding properties, neighborhoods, the environment, public health and safety.

The issue was raised because a BESS application is before the Mount Kisco Zoning Board of Appeals. Last month, the ZBA paused a decision on granting BESS applicant New Leaf Energy a variance because the Mount Kisco Village Code does not have a specific regulation for a BESS. Among other considerations, ZBA members deliberated on whether a BESS constitutes a public utility.

The moratorium will allow time to study BESS facilities and provide potential recommendations and amendments to the Village’s Zoning Law.

Mount Kisco Mayor Michael Cindrich said the village administrator will be working with a special committee to study the future impacts of a BESS.

“The committee members are expected to be part staff, part village board and some of the professionals in the fire department that have the time and energy,” he said. “A review of the law will have to provide language that reflects protection for the community and firefighters.”

Cindrich added that the village’s building administrator has been working with the Association of Firefighters of Westchester County.

“Six months is going to go by relatively quickly,” Cindrich noted. “I urge people to do the research and I’ve asked the village attorney and the village manager to circulate laws pertaining to BESS projects to the village board for review.”

According to Cindrich, no BESS application will be accepted during the moratorium. “We’re taking prudent action to avoid conflicts or litigation,” he said.

The moratorium is effective immediately but may be extended for two additional periods of up to 90 days each if the Village Board needs more time to complete their review.

Safety concerns about battery storage facilities have moved other Westchester communities to enact similar moratoriums and pause applications by BESS companies wanting to build storage structures in their locales.

The facilities use lithium-ion batteries, known to be highly flammable and require special safe storage to prevent explosions and fast-spreading fires that are difficult to extinguish with water.

BESS facilities store energy to supplement power at peak hours and to avoid power outages during high-demand hours. Because a battery storage system can be charged by electricity generated from renewable energy, like wind and solar power, it can lessen the use of fossil fuels that cause climate change. More BESS facilities are planned state-wide as New York works toward its target of 70 percent carbon neutrality by 2030.

 

 

 

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