OBSERVER Photo by Braden Carmen Town Attorney Jeff Passafaro, left, and Supervisor Shari Miller, right, are pictured during a recent public hearing.

The Town of Dunkirk got the extension it needed in drafting a local law pertaining to battery energy storage systems. Following a public hearing, the Town Board passed a local law to extend the current moratorium on battery energy storage systems for an additional six months.

“We’re on our way to creating our new battery energy storage system law, but we just need some additional time,” said Town Board member Phil Leone, who initially proposed enacting a local law on the matter.

The Town Board initially enacted a moratorium in September to allow for more time to draft a local law to regulate battery energy storage systems (BESS) and other similar projects. Several municipalities have done so recently, including the Town of Portland earlier this winter, and the Town of Hanover, which later passed a local law outlawing BESS entirely following a proposed project that garnered significant public outcry.

There is not currently a BESS proposal in front of the Town Board. The Town is being diligent in crafting its law in order to properly prepare itself for a proposed project down the line, if one arises. The Board is cognizant of the fact that the State of New York has the ability to override its local laws if it sees fit.

The local law the Town Board is drafting will regulate the construction, maintenance and placement of battery energy storage systems and equipment within the town of Dunkirk. The Town Board had an initial workshop to begin the process already, and has another workshop scheduled for Thursday, March 26 at 5:30 p.m., with no action to be taken.

“Had we known when we originally did the six-month moratorium that we would’ve needed more time, we would’ve just made it a one-year moratorium,” Leone said following the public hearing.

The first public hearing featured more than 20 minutes worth of comments from parties on both sides of the matter. At the recent public hearing, however, only two residents showed up to speak, Irene Strychalski and Sue Hazelton.

Hazelton came prepared with a list of concerns, beginning with where the energy would be stored and who would benefit from it. Hazelton asked, “Do we see any of it? Do our electric bills go down?”

Hazelton also raised fire safety concerns, including potential evacuations, as well as the impact that having a BESS in the community could have on property values. Hazelton said, “Who wants a home that is next to a time bomb in your backyard?”

Strychalski also shared the fire safety concern, highlighting the lack of available water in many residential areas in the town.

Hazelton urged the Board to “move on to something else to solve, without such fear.”

As the Town Board crafts its local law, Town Supervisor Shari Miller has incorporated parts of a local law in 2021 regarding battery energy storage systems in the town, along with laws from other municipalities and a model law from the New York State Energy Research and Development Authority (NYSERDA). As it stands now, the local law is 12 pages long.

The Town has also received feedback from the East Town and West Town fire departments, along with the Town’s Emergency Coordinator.

“We are not doing this in a vacuum. We have a lot of people that have their hands on it,” Miller said.

The latest moratorium is no different than the prior moratorium the Town Board enacted in September. The Chautauqua County Planning Board deemed the moratorium a matter of local concern. The Town issued a negative declaration under the State Environmental Quality Review Act for the moratorium. The Board passed the moratorium extension unanimously.

Also at the special meeting of the Town Board following the public hearing, the Town Board authorized a letter of support for the Chautauqua County proposal regarding a New York State Department of Transportation TAP Grant. The targeted areas include Millard Fillmore Drive in Phase I and Vineyard Drive in Phase II.

The Town Board is also eyeing another Town Hall meeting designed for the public to voice concerns with the town. The Town Board is eyeing Wednesday, April 22 at 6:30 p.m. as a date for the Town Hall meeting.