Proposed Battery Energy Storage System (BESS) Facility

Town of Gardiner - New York

There was recently a 10.5 acre BESS facility proposed for construction on McKinstry Road in Gardiner, New York.

This project proposal was brought to the Town Planning Board on April 22, 2025. The project narrative is dated April 11, 2024.

The proposed location is near the center of the photograph below. This photo was taken in 2017 from Millbrook Mountain on the Ridge.

The Town of Gardiner Law does not currently address how BESS facilities may be constructed and implemented within the town. A moratorium is being sought for approval on this current proposed project and any future projects until BESS can be studied and appropriate law crafted for approval.

BESS law will affect all citizens of Gardiner.

The next Town Board Meeting that will be open for public comment will be held on July 8th 2025 at 7PM. Information can be found here:

https://www.townofgardiner.org/departments/town-board

Local Law Imposing Six-Month Moratorium

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Proposed location

Proposed BESS location in white

  • Implications to safety, health, and welfare of citizens in the event of fire

  • Emergency evacuation considerations

  • Environmental impacts to soil and water

  • Extensive viewshed concerns for the surrounding community and Ridge

  • Concerns for night time light pollution

  • Concerns for noise pollution in the surrounding community

  • Adequate visual screening considerations

  • Devalued homes in the surrounding community

  • Increased homeowner insurance premiums in the surrounding community

  • Facility size restrictions

  • Industrial facilities on zoned residential and agricultural land

  • Ownership of risk by project owner and town

  • Transfer of equity and wealth from the surrounding community to large corporations at the expense of the town and citizens

Citizens, town volunteers, and planning board members voiced their concerns to the project after the proposal was delivered. Concerns included:

Since that meeting, additional concerns have been raised.

  • Increased traffic and noise on rural roads for construction and lifetime maintenance

  • Maintenance costs for repair and upkeep of roads utilized for industrial purposes

  • Road safety for pedestrians walking and biking in the surrounding community

  • Precedent set for future industrial use of all Residential and Agricultural (RA) zoned land

  • Minimal tax revenue for non-fixed mobile battery units

What is the current law on this?

In accordance with the current zoning for the Town of Gardiner, the proposed project is zoned Residential Agricultural (RA).

Article III Section B states “No structure or land shall be used except as provided in the “Use Table.” The Use Table identifies light industry under the RA column with “--” coding. This coding “Designates a prohibited use” under the code.

This code is very clear and it appears that a BESS facility would be “prohibited,” as BESS facilities are commonly classified as light or heavy industry which are not permitted on RA zoned areas.

Small foreign BESS Facility

Photographs of a small foreign BESS facility.

  • There is land in the Town of Gardiner designated for industry that does not coincide with the current proposed location.

  • The community needs to consider and find sustainable ways to incorporate battery storage technology within the town that minimizes environmental impact.

  • The current zoning prohibits the use of Residential Agricultural (RA) land for industrial purposes.

  • There is nothing unique or special about the proposed site (for development purposes) other than location to power lines and land available.

  • The proposed project location will be very visible from nearly all locations along the Shawangunk Ridge and surrounding roadways in this designated scenic corridor.

  • According the Gardiner Community Preservation Plan, it scores a 47, in the highest category, largely due to its scenic and agricultural value scores. The habitat score is lower due to its conversion to farmland.

  • The Shawangunk Kill is classed as an unpolluted waterway that hosts a diversity of fauna (fish, invertebrates, etc.) that are absent from more contaminated rivers like the Wallkill.  This proposed BESS facility will be very close to its banks.

  • The proposed location is part of an important wildlife movement corridor along the Shawangunk Kill valley; a BESS facility with its attendant lighting and noise would likely serve as a deterrent to wildlife movement. 

  • The proposed location is within the DEC Shawangunk Kill Special Biodiversity Area (SBA).

  • Preservation of the distinctly unique ridge and valley environment must be considered for the community, visitors, and future generations.

  • A moratorium on this specific project was proposed to give time to study it and determine how the town will move forward with battery storage technology and implementation within the town.

  • The next Town Board Meeting that will be open for public comment will be held on July 8th 2025 at 7PM. Information can be found here: https://www.townofgardiner.org/departments/town-board

Facts

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