TOWN OF ULSTER, N.Y. — The Town Board declared that the controversial planned 250-megawatt lithium-ion battery plant at the site of the former Coleman High School could have adverse impacts on the environment, allowing residents an opportunity to seek answers to any potential problems.

Town Board members will now take the deep dive into reviews for Terra-Gen’s proposed 250-megawatt lithium-ion battery energy storage system on 12 of the 15 acres at the 430 Hurley Ave. site of the former John A. Coleman Catholic High School, which is across the road from the recently updated Central Hudson substation, and 337 feet from the Kingston city line and 0.32 miles from the town of Hurley.

The Town Board extended the public comment period during a Thursday, Oct. 2, meeting that included a promise by a Terra-Gen attorney that the positive declaration would not be met with a lawsuit.

“If the board decides to issue a positive declaration, we support that decision,” Terra-Gen attorney Robert Panasci said.

“We are confident in our application and confident that the comprehensive environmental studies that we’ve provided and the additional studies and information we can provide will lead to a full environmental review.”

Board members made the approval conditional on getting a letter with the promise that a state Environmental Quality Review Act positive declaration, which says the project is likely to have detrimental impacts, would not result in a court challenge. That requirement was met before the meeting was completed.

“Please be advised that (Terra-Gen subsidiary) Alcazar ESS, LLC will not commence litigation due to the fact that the Town Board is issuing a positive declaration under SEQRA,” Panasci wrote.

Under the now-expanded environmental review, there will be an information gathering period that will take in every concern that can be generated by the public in all potentially affected areas. Those concerns will go to the developer for responses, with the board then able to either draft a scoping document for action that is needed to be in a draft environmental impact statement, or declare that the response was incomplete because the developer did not provide enough information.

Among immediate concerns cited by the Town Board based on the application are:

• Potential impacts on threatened and endangered species, including proximity to a known northern long-eared bat hibernaculum within 3.5 miles of the site. That would require the developer to adjust its tree-clearing schedule.

• Possible historic and cultural impacts due to the former John A. Coleman Catholic High School being over 50 years old.

• Having a large-scale industrial energy facility immediately adjacent to residential neighborhoods.

• Potential visual, noise, and stormwater impacts that include grading, drainage and operational noise.

• Concern over public safety and emergency response capabilities to handle fire suppression and hazardous materials.

Town officials expect to meet with planning consultants to develop a timeline for when public sessions will be conducted and the period which comments can be submitted.