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Mount Kisco adopts local law banning large battery energy storage systems
Summary
The Village Board adopted Local Law No. 1 of 2025 to define and ban large Battery Energy Storage Systems (BESS) within Mount Kisco after public comment and a SEQRA negative declaration; the vote was unanimous. Trustees debated allowing small home systems under 40 kWh but an amendment failed for lack of a second.
The Mount Kisco Village Board on Aug. 11 adopted Local Law No. 1 of 2025, amending the village zoning code to define and prohibit large Battery Energy Storage Systems (BESS) within village limits after concluding a State Environmental Quality Review (SEQRA) negative declaration.
Mayor J. Michael Cindrich and all four trustees voted in favor of the local law. Before the vote the Board closed the public hearing and adopted Parts 1–3 of the State Environmental Assessment Form (EAF). Deputy Mayor Theresa Flora moved to close the hearing; Trustee Angie Guerra seconded the motion, which passed unanimously.
Opponents and supporters spoke during the public hearing. John Rhodes of Stewart Place urged the Board to ban BESS, saying the systems “have the potential to cause fires [and] create pollution” and arguing for exclusion of small home systems connected to rooftop solar. Industry representatives Michael Sheraton, speaking on behalf of Snyder & Snyder and Catalyst Energy, and Jesse Peterson of Catalyst Energy urged the board not to adopt the ban, emphasizing grid benefits and noting new New York State fire-code guidance and county/state support for BESS. Building Inspector and career firefighter Peter Miley told the Board he supports a ban and said, in his view, there is not a qualified fire department in Westchester County to handle a BESS fire.
Trustee Thomas G. Luzio said he had sought a comprehensive law from the outset and proposed permitting home battery systems smaller than 40 kWh or extending the moratorium, but his motion to amend the local law to include such systems received no second. Deputy Mayor Flora and Trustee Karen B. Schleimer argued the village lacks protocols to ensure safe operation and cited public-safety and first-responder concerns; Flora read portions of a Westchester County Planning Board letter into the record.
By adopting a SEQRA negative declaration, the Board determined the local law would not cause significant adverse environmental impacts and that an environmental impact statement was unnecessary. The resolution and local law were adopted by unanimous vote.
What’s next: The local law will be entered into the village code as Local Law No. 1 of 2025. Trustees said they may revisit narrower definitions or exemptions as additional state guidance or local protocols become available.
