Trending
The Dunkirk Common Council unanimously approved a six-month moratorium on new Battery Energy Storage System applications in the city Tuesday.
The city's Planning Board requested the moratorium as it grapples with an application for a BESS behind a Brigham Road warehouse. Another BESS, also near Brigham Road but considerably further back than what the current application seeks, was previously approved and is not affected by the moratorium.
The council resolution for the moratorium was a "walk-in," not appearing on Tuesday's meeting agenda. This irked Councilwoman Natalie Luczkowiak, the resolution's sponsor.
She said it was supposed to be on the agenda, but implied that city-contracted attorney Elliot Raimondo held it back. "The resolution was sent to Raimondo on Sept. 5 with no response. The attorney is tasked with reviewing resolutions and he did not," Luczkowiak said. "The attorney role is advisory and review, not gate-keeping. Nowhere in the charter does it state that no resolution shall be voted on until reviewed by the attorney. Legislative power sits with the council."
Luczkowiak added that "Council agrees with the Planning Board regarding their concerns for safety and standards."
Councilman Frank Torain sought to comment before Luczkowiak read the resolution. "This resolution is asking for a moratorium until our zoning laws have updated," he said.
Torain, a Planning Board member until he took his council seat in January, said a moratorium was in the process prior to the current application by Gridi Development. "It's not intended to stop the process they have entered into, but (to) make sure we have our ducks in a row," Torain said.
"Again, it's not an attempt to stall them … but we have to make sure zoning laws are completed before we enter into any other projects," he reiterated.
Luczkowiak read the moratorium resolution. It stated that BESS offers "Unique land use, fire safety and environmental considerations that are not adequately addressed in the city's current zoning code."
The resolution notes that the New York State Energy Research and Development Authority has published a model BESS law for municipalities, and the city wants to review it and "integrate appropriate standards" into its zoning code. The moratorium allows time for review "without the pressure of pending applications," the resolution states.
The moratorium does not apply to any BESS of less than 20 kWh planned for a single-family dwelling. It will run out in six months unless the Common Council extends it.