Town Board moves forward with moratorium hearing on battery storage after BayWa r.e. seeks exemption

Supervisor Robert Mack and the Town Board on Wednesday advanced the process to consider a temporary moratorium on the development and construction of certain battery storage energy systems, setting a public hearing for April 15, 2026.

The Environmental/Laws & Legislation Committee brought the resolution to the board (Resolution by Joseph P. Nirchi Sr., seconded by Thomas R. Augostini); the motion carried with all members present voting yes. The resolution authorizes the Supervisor, Town Clerk and Town Attorney to post and publish required notices for a local law titled “Implementing A Temporary Moratorium Within The Town Of Union On The Development And Construction Of Certain Battery Storage Energy Systems.”

At the meeting, John (Rhodes Road) thanked the board for the temporary moratorium. Sarah Gordon of the law firm Hinman, Howard & Kattell, representing BayWa r.e., told the board the company’s battery storage project was approved in March 2021 and remains approved through 2028. Gordon said BayWa r.e. submitted a modification in November seeking a smaller-footprint layout that was deemed complete in December but has not yet been reviewed by the Planning Board for site-plan approval. She handed the board a proposed local-law modification asking that BayWa r.e. projects be exempted from the moratorium, saying no other projects are pending in town. Supervisor Mack said the board would look into the request.

The moratorium resolution sets a formal public hearing for April 15 so residents and stakeholders can comment before the board considers adopting a temporary local law. The public hearing process and any exemption requests will be handled in accordance with the published notices and statutory requirements; the minutes record the board authorized posting and publishing notices. No formal exemption was granted at the April 1 meeting.