Southtowns Record

Board of Zoning Appeals Meeting, Jun 2, 2026 — Minutes

Government
Town of Hamburg
Board
Zoning Board of Appeals
Meeting
Jun 2, 2026
Kind
Minutes
Topics
Zoning and land use, Energy and data center siting, Public safety, Budget and taxes, Water, sewer and drainage

Original document

Same meeting

Text · page 2 of 11

Hopkins explained that they need a use variance because this property is currently zoned
Neighborhood Commercial. It was previously zoned Industrial. This is part of the hardship to the
existing property owner. On May 1st the ZBA application was submitted with thorough
supporting documentation. The variance they are seeking pertains to section 280-393 of the
zoning code that states “tier 3 battery energy storage systems are only permitted in industrial
zoned areas through the issuance of a special use permit and subject to the uniform code and
site plan requirements.” The Zoning Board is not the only board that will have to approve this;
there needs to be approvals from the Planning Board and Building Department. This was
presented to the Planning Board on May 20th on an informal basis. They were comfortable with
the presentation to the Zoning Board this evening. The SEQR process is underway. As they
receive any comments back they will address those in writing and will give copies to the Zoning
Board and Planning Board. They have entered into interconnection agreements with National
Grid as of September 4, 2025. Those agreements state National Grid has bought into what is
being proposed and they are a well-known utility company.

Welch stated the technology they would be using is the Tesla Mega Pack 2XL. This is an iron
phosphate battery. Iron phosphate has excellent energy density and the safety record is
excellent. It will be monitored and there will be thermal imaging and cameras to make sure
nothing is going on in there. It is not one battery that is sitting inside these cabinets—it is
actually thousands of cells inside each cabinet. Each individual cell is about 6 in by 6.5 in by 2 in
thick. The cell goes into a tray and the trays go into a module, 3 trays per module, and 24
modules per cabinet with containment walls between them. The critical part is the battery
management system. This is what monitors the conditions of every single battery at all times. It
sends the information over to the monitoring center that Tesla runs. The top of the cabinet has
both heating and cooling so the optimal temperature can be kept. These are designed to be 5
megawatts and discharge over a 4 hour period. Every day when the peak load comes, this
would come in, and it would provide power into the local grid, and easing the load from having
to turn on additional generating assets. There will be less of a need to build more transmission
lines, more substations, more conversion and distribution lines because they are meeting that
demand at the highest stress period from within, destressing all of those systems. The peak
time is anywhere between 2pm and 8pm; from 3-7pm is when the load gets the highest in New
York. The rest of the time and overnight the cost of power goes down. We have a lot of nuclear
plants and different facilities that don’t want to turn down at night. So when that load goes
down and they keep generating, that becomes a way to use that low cost power to charge
these batteries, and then deliver that low cost power later on during that peak period.

Hopkins stated that usually when he comes before the board it’s very clear—either a use
variance governed by Town Law section 267 B2B or an area variance governed by Town Law
section 267 B3B. This project is a little bit different because it is governed by a different test.
That test was first established all the way back in 1993 in the case called Consolidated Edison
Company of New York vs. Hoffman which dealt with cellular technology. The public utility
standard is if the company provides an essential service, which this is, we need to show the
following criteria: (1) the relief is required to render safe and adequate service (2) there are
compelling reasons, economic or otherwise, for needing the variance. This commonly referred