By Holly Crocco
The Carmel Town Board unanimously passed a resolution enacting a local law establishing a six-month moratorium prohibiting the review and approval of applications and permits for “battery energy storage systems” in town, during its July 10 meeting.
The action comes after residents began storming town board meetings to publicly oppose a proposal by East Point Energy, Inc., of Virginia, to develop a 116-megawatt lithium-battery farm known as Union Energy Center on a 93.5-acre parcel off Miller and Union Valley roads in Mahopac.
The moratorium impacts all new and pending applications for any and all land use approvals, including site plan approvals, subdivision plats, building permits, special use permits and variances for all battery energy storage systems.
This means neither the planning nor zoning board may accept any application, grant any approval of, or continue review of any project that includes permitting, construction and/or development of a battery energy storage system in town. Also, the building department may not accept any building permit application or grant any certificate of occupancy or certificate of compliance for such a system.
Projects currently under construction or that have received final approval are not subject to the moratorium.
Per the legislation, a “battery energy storage system” is defined as one or more devices, assembled together, capable of storing energy to supply electrical energy at a future time, not to include a stand-alone, 12-volt car battery or an electric motor vehicle.
A tier one battery energy storage system is considered to have an aggregate energy capacity less than or equal to 600 kilowatt-hours, and if in a room or enclosed area, consists of only a single energy storage system technology.
A tier two battery energy storage system has an aggregate energy capacity greater than 600kWh, or is comprised of more than one storage battery technology in a room or enclosed area.
The resolution cites the town’s three historic hamlets – Carmel, Mahopac and Mahopac Falls (Red Mills), as well as the various lakefront residential communities that surround many small and large lakes and reservoirs as reasons for enacting the moratorium. It also notes that the town is also actively engaged in revision of its comprehensive plan and zoning code, to address issues of growth and development on a community-wide basis.
“One specific area of concern and inquiry is battery energy storage systems within the town,” states the resolution. “The town has significant safety concerns, especially following fire incidents at facilities across the state. The town intends to study the safety and security of these energy storage systems, including thermal runaway, off gassing and toxicity, stranded energy, ways to prevent fires, prevent by-product contamination, and ensure emergency responders have the necessary training and information to prepare and deploy resources in the event of a fire.”
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