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Board allows 7‑ft security fence for battery site, citing federal code conflict with local height limit
Summary
The board granted variances permitting a 7‑ft fence around a proposed battery energy storage site at 3695 Broadway, after the applicant said a 7‑ft height is required by the National Electric Code; the fence will be chain‑link, locked and without barbed wire, with landscaping proposed to screen it from nearby residences.
The Cheektowaga Board of Appeals approved variances on May 20 to permit a 7‑ft security fence around a proposed unmanned battery energy storage facility at 3695 Broadway.
Attorney Peter Sorggy, representing AC Power 48 LLC, explained the project received a prior use variance in January and a planning board recommendation for site plan approval. He said the 7‑ft fence is required to meet safety provisions in the National Electric Code (the board heard a reference to section 110.31), while local zoning limits fences to 3.5 ft in certain yards or 6 ft in others. The applicant initially proposed adding a foot of barbed wire; planning board members rejected barbed wire and the applicant revised its proposal to a plain 7‑ft chain‑link fence with locked gates. The applicant said cameras were not anticipated and that the fenced area would be about 100 ft from the nearest residence.
Applicant representatives said they will install screening (74 saplings proposed) to reduce the visual impact on neighbors. After discussion about security and sightlines, a board motion to grant the requested variances carried.
Why it matters: The request illustrates a conflict between local zoning and equipment‑safety or federal code requirements; the board approved relief on the basis that federal requirements would otherwise preempt local rules for safety around critical infrastructure.
Next steps: The applicant will proceed with the planning board and town board steps needed to finalize the project; staff will track landscaping and security conditions set at approval.
