Ellicottville Town Board Approves Battery Storage & Data Center Moratorium
Ellicottville Town Board Approves Battery Storage & Data Center Moratorium
Board also approves tax levy override, discusses infrastructure projects, police updates, road safety concerns, and schedules a public hearing on a proposed Alarm Law.
The Ellicottville Town Board has approved a temporary moratorium on new battery energy storage system and data center projects, giving the Town up to a year to study the potential impacts of the emerging industries and determine how they should be addressed under local zoning regulations. The action was one of several items discussed during the Town Board’s July 15 meeting, which also included a public hearing on the moratorium, adoption of a tax levy limit override, updates from Town departments, and discussion of several infrastructure projects.
During the public hearing, resident Nadine Saviano raised concerns about the potential environmental impacts of battery energy storage systems and data centers. Town Supervisor Matthew McAndrew explained that the purpose of the moratorium is to give the Town time to research the facilities and develop appropriate regulations before any projects are proposed.
McAndrew said a committee will be established as part of the process and members of the public will be welcome to participate. Town officials also emphasized that no companies have approached the Town with plans to develop either type of facility in Ellicottville.
The Board unanimously adopted Local Law No. 3, establishing a 12-month moratorium on the review, approval, permitting, or construction of battery energy storage system and data center projects. The law cites potential concerns including fire safety, emergency response, noise, water usage, energy demand, hazardous materials, and compatibility with surrounding land uses. During the moratorium, the Town plans to review its zoning and land-use regulations, evaluate environmental and public safety concerns, determine where such facilities may or may not be appropriate, and develop potential permitting and safety standards. The moratorium may be extended in additional periods of up to six months if more time is needed.
The Board also unanimously approved Local Law No. 2, allowing the Town to override New York State’s property tax levy limit when preparing its 2027 budget. Officials noted during the public hearing that the Town does not necessarily intend to exceed the cap; adopting the law provides flexibility should it become necessary during the budgeting process. Similar override laws have been rescinded in the past when they were not needed.
In other business, residents Cindy and Richard “Doc” Dayton asked the Town to begin the process of requesting a lower speed limit on Hebdon Road, citing the road’s narrow width and lack of painted lines. The Board suggested gathering letters of support, which can be forwarded with the Town’s request to the County and ultimately the State, which has final authority over the speed limit.
Highway Superintendent Scot Brumagin reported that crews have been working on Simmons, Kruse, and Canada Hill roads, along with a new drain at the highway barn. The board also approved a $6,397 update to the department’s Gas Boy fuel management system, which has been experiencing recurring problems. The cost will be covered through highway barn funds, including savings realized by completing the drain project in-house.
Town engineering updates included plans to incorporate culverts into a structures plan to help with future budgeting. The Cattaraugus County Soil & Water Conservation District is assisting with a grant application for the Poverty Hill culverts, while the HoliMont Water Replacement project is expected to be rebid this fall. The board also authorized the Soil & Water Conservation District to serve as lead agency in applying for funding through the New York State Department of Environmental Conservation’s Water Quality Improvement Project grant program. Funding would support efforts aimed at reducing nonpoint source pollution, including storm water runoff, erosion and sedimentation.
Code Enforcement reported 70 open building permits. Short-term rental applications have slowed, with some property owners working toward compliance, although officials noted some properties continue to advertise as short-term rentals without licenses.
The Police Department reported that Officers Graham and Rowland recently graduated from Bike Patrol School, allowing periodic bicycle patrols throughout the summer. The department also reported that the radar speed sign on Maples Road is operational and has already had a positive effect on traffic.
Among other personnel matters, the Board accepted the retirement resignation of Thomas Raab from the Highway Department. The board appointed Erica Linderman as Deputy Clerk/Supervisor’s Clerk.
The Board discussed, but took no action on, a request from FeedMore WNY for a $4,000 contribution toward hunger-relief efforts in the Ellicottville community. Board members expressed concern about establishing how the Town would determine which charitable organizations should receive taxpayer funding.
A proposed road bonding policy, which could establish standards and financial protections related to damage caused by heavy vehicles, was tabled until the next meeting. The Board will also continue reviewing a proposed New York Association of Towns “Bill of Rights” addressing home rule, land protections, unfunded mandates, transparency, and local input in state-level decisions.
Finally, the Board scheduled a public hearing on proposed Local Law No. 4, an updated Alarm Law, for Wednesday, August 19, 2026 at 6:00pm at Town Hall.
The Ellicottville Town Board of Trustees meets the third Wednesday of each month at the Town Hall, 1 W. Washington St., at 6:00pm. The public is encouraged to attend. Find more information at townofellicottvilleny.gov.