Lewisboro Board Reviews New Zoning Regulations

LEWISBORO, N.Y. - Battery Energy Storage Systems (BESS) have met with public outcry in neighboring towns in Westchester and Putnam County in recent months, and accordingly, the zoning code changes proposed as part of the town’s new Comprehensive Plan will address this thorny topic. The topic came up in discussion on Sept. 9 at the Lewisboro Town Board’s bimonthly meeting.

That discussion dovetailed with a presentation by Katie McGinn, chairperson of the town’s Comprehensive Plan steering committee, on zoning-code changes that have been proposed as part of the new Comprehensive Plan. New rules concerning BESS facilities are still in the works.

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BESS facilities house batteries – usually of the lithium-ion variety – to store electrical energy from renewable sources such as solar and wind power. Their downside is they often pose fire and pollution concerns. In recent months, the towns of Bedford, Carmel, and Kent have imposed six-month moratoria on the consideration of BESS complexes, while the Town of North Castle is considering an outright ban on them.

Justin Siebert, counsel for the Lewisboro Planning Board, noted that currently the town has no applications to build BESS facilities.

“So long as there’s nothing kind of in the hopper there’s no immediate need for a moratorium,” he said. “Typically, that is six months.”

Councilwoman Andrea Rendo urged her colleagues to convene a dedicated hearing on the revisions to the Town Code that would address such installations.

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“That it in and of itself is going to take a lot of time,” she said. “And I think we have many people in the community who have very strong opinions on this and would want to be heard. Bunching it together with the other ones may not do it justice.”

“Is six months the maximum amount of time that we can have a moratorium, or can it be one year?” asked Deputy Supervisor Mary Shah.

“My suggestion is you do it for six months,” noted Councilman Dan Welsh. “Based on the benefits and the concerns of the facilities then you can extend it for another six months.”

The board verbally agreed to put this topic on the agenda for discussion next month.

All proposed zoning changes will undergo future review by the board, particularly the new additions. Besides the BESS regulations, other new rules cover excavation and fill, steep slopes, EV charging stations, streets and sidewalks, solar energy, and wireless technology. The Comprehensive Plan steering committee has also proposed changes to a variety of existing rules, which cover cluster development, wetlands and watercourses, parking and loading, and site development plan approval, among others.

Next, these proposed amendments will be reviewed by the town and county Planning Boards. “Down the line there will be a separate review of septic and short-term rental regulations,” noted McGinn. Like the BESS regulation, these are in draft form but will require more Town Board discussion and public input before they are finalized.

McGinn pointed out that by state law, all zoning must conform to the goals and the objectives of the Comprehensive Plan. She described that Plan as a huge undertaking that was almost four years in the making. “So much of the community came out to participate,” she said. “The zoning code on top of that is just another step in making sure that all the input received from the public is filtered into the plan, into the laws, and where the town is going in the future

“We anticipate having those local laws on your desks for your October meeting, at which time you could set a public hearing,” said Siebert.

The sale by the town of a house and lot on Lake Kitchawan Drive was also on the agenda – and it elicited several remarks from townspeople in the public comments. Ultimately, the board approved a resolution confirming its sale for $251,000. The deal is subject to confirmation of a clean title.

Goldens Bridge resident Barbara Manion was among those who questioned this transaction. “This particular property is a sellable property, estimated to be [worth] $280,000 to $500,000 depending upon which realty site you go on,” Manion said. “So, I’m wondering why this piece of property was not listed on the town’s website since it does seem to have some nice value to it.”

Town Supervisor Tony Gonçalves noted that when the town initially decided to put the property up for sale, it was occupied by a tenant and could not be posted as available for sale until that individual left. Cleanup and repair work followed prior to it being listed with a realtor. The property attracted eight bidders, and the sale price was the highest bid.

Gonçalves downplayed critics who have suggested that the property could net than it did. “It’s certainly not that valuable,” Gonçalves said. “It’s a very small piece of property and this is not a move-in house,” he said. “There’s no electrical, no heating system, no running water.”

Among other business, the board took the following actions:

It passed a motion authorizing the town’s Planning Board to release the final 10 percent of the performance bond required for the Lewisboro Commons project. The rest of the bond funds were released on Aug. 15.

It passed a motion sending the draft of the town’s employee handbook for review by the town’s attorney.

It okayed a resolution to advertise for bids for the general contractor for the bathhouse at the Lewisboro Town Pool.

It approved the hiring of Lothrop Associates as architects for renovating the restroom at Onatru Farm.

It passed a resolution appointing Bridgid Chamberlain as an associate member of the Parks and Recreation Advisory Council, with a term expiring on Dec. 31 of this year. It also okayed the appointment of Chad Buri to the Town Pool Advisory Committee. His term expires Dec. 31, 2026.

It approved a resolution authorizing the Lewisboro Garden Club to expand its “Golden Roads” planting program.

Through this program, the club has planted more than 60,000 daffodils throughout town. The newest planting will be on a 180-foot-long town-owned parcel in South Salem. As part of this, the board waived the requirement to have the initiative rewed by several town boards.

It approved the use of $125,000 in state CREST (Community Resiliency, Economic Sustainability, and Technology) funds to purchase new trucks for the town’s Highway Department.

It authorized the town supervisor to sign a revised master service agreement for the Catalis Tax & CAMA software system. This program is used for a variety of town administrative functions.

It waived the town fees required for a group of residents to hold a memorial service on Oct. 7 in South Salem. The service and candlelight vigil will mark the anniversary of last year’s attacks by Hamas that killed 1,139 people in Israel.

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