Lake County Plan Commission Meeting - September 16, 2026

The Lake County Plan Commission met on September 16, 2026, at 5:30 p.m. to consider four new business items, including two final subdivision approvals, one deferred primary subdivision, and a special exception for a battery energy storage system (BESS). A study session was also held for a high-voltage electric substation. The meeting included public testimony and resulted in two unanimous approvals, one deferral, and a study session discussion.

Consent Calendar

• No separate consent calendar; all items were discussed individually.

Public Comments & Testimony

• On Item 4 (Foundry Works Energy Storage BESS):
  • John Jerris (Eagle Creek Township Board and Lake County Drainage Board) expressed concerns about drainage, noting that the area lacks regulated drains and that current drainage flows toward State Road 2, which has overflowed. He also stated that Inventergy's donation to the food pantry was sent with no prior contact, contrary to claims of collaboration.
  • Katie Hurst (Eagle Creek Township) asked for a deferral, citing the unique hydrological conditions of the former Grand Kankakee Marsh, unresolved questions about drainage and the NIPSCO switchyard red tag, and the need for facts on where water will go.
  • Nick Horst (Eagle Creek Township) requested denial or deferral, citing safety concerns about toxic smoke and thermal runaway in high-wind conditions (228 days/year with winds over 10 mph).
  • Rebecca Boomsma (Lowell) criticized the petitioner's comparison to East Hampton, NY, noting different soil types, and requested further studies.
  • Pam Coke (adjacent landowner) opposed the project, citing traffic and lack of local benefits.
  • Kristen Woodward (Eagle Creek Township) pointed to unresolved issues with the Dinwiddie substation (under stop work order) and an emergency FERC waiver request, arguing the BZA should defer until infrastructure is resolved.
  • Dr. Andy Anderson (Superintendent, Tri-Creek School Corporation) spoke in favor, noting a community benefits agreement of $300,000 ($150,000 upon permitting and $150,000 upon construction) to help address a $3 million deficit from Indiana Senate Enrolled Act 1.

Discussion Items

• Item 1: 26-FS-06 PC – Wille Bros. Subdivision (Final Approval, 1 lot) – Attorney Jim Weezer presented. Staff confirmed all approvals were in order, and the project was ministerial. No public hearing was needed. Approved unanimously (6-0).
• Item 2: 26-FS-07 PC – Pasture Paradise (Final Approval, 2 lots) – Gary Racky (engineer) and owner Mike Stevens presented. Staff confirmed a pond was accepted by the surveyor's office. Approved unanimously (6-0).
• Item 3: 26-PS-09 PC – ASC Subdivision Phase 2 (Primary Approval, 2 lots) – Deferred to the October meeting due to incorrect newspaper advertisement. No action taken.
• Item 4: 26-SE-06 BZA – Foundry Works Energy Storage (Special Exception for BESS) – Presented by Ryerson Burkertz and team. Key details: $300 million investment, $38 million in property taxes over 20 years, 100 construction jobs, 2-3 permanent jobs, 40.29-acre site, lithium-ion batteries (contracted), enhanced landscaping screening, noise levels predicted at 34-46 dBA (below 50 dBA standard), stormwater management plan reducing peak discharge, and emergency response plan reviewed by local fire departments. Board members raised concerns about noise monitoring (compliance consultant to be hired), containment membrane under batteries (proposed by Commissioner Paul), and drainage diversion to avoid impacting the church and adjacent properties. Petitioner responded that noise monitoring would be complaint-driven, containment membranes are not standard, and drainage design follows county regulations. Commissioner Paul moved to defer with contingencies to study a cost-effective containment system and a plan to mitigate runoff to the south of Route 2. Motion passed 5-1 (Jerry T. voted no).
• Study Session: 26-SS-15 PC – NIPSCO High-Voltage Electric Substation – Presented by Phil Patrick and team. The substation is a 345 kV switchyard for the Foundry Works project (originally for a solar farm). Discussion focused on jurisdictional issues following the Duke Energy vs. Noblesville case (utilities subject to local zoning unless unreasonably burdensome). Board members noted the need for detailed information on capacity and multiple users, and emphasized transparency. No vote taken.
• Site Development Plans Approved by Staff – Listed but not discussed in detail.

Key Outcomes

• Approved (6-0): 26-FS-06 PC (Wille Bros. Subdivision) – Final approval for 1 lot.
• Approved (6-0): 26-FS-07 PC (Pasture Paradise) – Final approval for 2 lots.
• Deferred: 26-PS-09 PC (ASC Subdivision Phase 2) – To October meeting due to advertising error.
• Deferred (5-1): 26-SE-06 BZA (Foundry Works Energy Storage) – With contingencies to provide evidence on a cost-effective containment system under batteries and a plan to mitigate runoff south of State Road 2. Matter to be heard again at next meeting.
• Study Session: NIPSCO substation discussed; no action taken. Further detail requested for future public hearing.