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TOWN OF BOSTON - RESOLUTION NO. 2026 - 44 ADOPTING A LOCAL LAW EXTENDING FOR AN ADDITIONAL SIX (6) MONTHS A MORATORIUM PROHIBITING THE REVIEW AND APPROVAL OF APPLICATIONS AND ISSUANCE OF PERMITS FOR BATTERY ENERGY STORAGE SYSTEMS IN THE TOWN OF BOSTON WHEREAS, on December 4, 2024, the Town Board of the Town of Boston adopted a moratorium with respect to battery energy storage systems, which moratorium went into effect on December 12, 2024; and WHEREAS, on June 4, 2025, the Town Board adopted a local law extending the moratorium prohibiting the review and approval of applications and the issuance of permits for battery energy storage systems in the Town of Boston for an additional six (6) months; and WHEREAS, on December 3, 2025, the Town Board adopted a local law extending the moratorium prohibiting the review and approval of applications and the issuance of permits for battery energy storage systems in the Town of Boston for an additional six (6) months; and WHEREAS, the purpose of each of the foregoing local laws, Local Law 2-2024, Local Law 1-2025 and Local Law 4-2024, was to protect the public health, safety, and welfare of the residents of the Town of Boston and to maintain the status quo by temporarily suspending the processing of land use approvals as provided therein, and to further suspend the rights of landowners and their designees to obtain development approvals for a period of six (6) months from the date of adoption of each respective local law, while the Town Board studies, analyzes, and determines potential appropriate revisions and amendments to the Town Code regarding the propriety of battery energy storage systems; and WHEREAS, the Town Board has been actively engaged in efforts to analyze the safety of battery energy storage systems and is in the process of preparing a local law regulating battery energy storage systems in the Town of Boston; and WHEREAS, the Town Board has determined that the moratorium on battery energy storage systems should be extended for an additional six (6) month period to ensure that the evaluation of battery energy storage systems is complete and to finalize the proposed local law; and WHEREAS, on June 3, 2026, a public hearing was held with respect to the local law extending the moratorium on battery energy storage systems for an additional six (6) months, at which time all persons seeking to provide public comment were given an opportunity to be heard; and WHEREAS, the proposed extension for the moratorium is a Type II Action pursuant to the New York State Environmental Quality Review Act (SEQRA), 6 NYCRR Part 617.5(c)(36), and, as such, no further environmental review is required; and