HomeMy WebLinkAboutLL #08 2023 i
STATE OF NEW YORK
DEPARTMENT OF STATE
ONE COMMERCE PLAZA KATHY HOCHUL
GOVERNOR
99 WASHINGTON AVENUE
ALBANY,NY 12231-0001 ROBERT J. RODRIGUEZ
HTTPS:HDOS.NY.GOV SECRETARY OF STATE
April 26, 2023
Jennifer M Mudd .
Southold Deputy Town Clerk.
Town Hall, 53095 Main Street
PO Box 1179 .
Southold NY 11971
RE: -Town of Southold, Local Law 6, 7, 8 2023, filed on April 21 2023.
Dear Sir/Madam:
The above referenced material was filed by this.office as indicated. Additional
local law filing forms can be obtained from our website, www.dos.ny.gov.
Sincerely;
State Records and Law Bureau
(518) 473-2492
RECEIVED
MAY - 3 2023
Southold Town Clerk
jN0EW,, Department
ATE of State
o�Og�FFOc,��v
DENIS NONCARROW h� G.d, Town Hall,53095 Main Road "
TOWN CLERK p - P.O.Box 1179
CC a Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER 't'�® �®� Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER "�+ www.southoldtownnygov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 17, 2023
Priority Mail Express ES oil 187
RE: Local Law No. 6, 7, 8 and 9 of 2023
Town of Southold, Suffolk County
New York State Department of State
State Records & Law Bureau
One Commerce Plaza
99 Washington Avenue
Albany,NY 12231
Dear Sir/Madam:
In accordance with provisions of Section 27 of the Municipal Home Rule Law, I
am enclosing herewith certified copies of Local Law No. 6, 7, 8 and 9 of 2023 of the
Town of Southold, suitable for filing in your office.
I would appreciate if you would send me a receipt indicating the filing of the
enclosures in your office. Thank you.
Very truly yours,
Jennifer M. Mudd
Deputy Town Clerk
Enclosures
cc: Town Attorney
NEW YORK STATE DEPARTMENT OF STATE
Division of Corporations,State Records and Uniform Commercial Code
One Commerce Plaza,99 Washington Avenue
Albany,NY 12231-0001
Local Law Filing
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated
and do not use italics or underlining to indicate new matter.
❑ County
❑ City
Q Town of SOUTHOLD
❑ Village
Local Law No. 8 of the year 2023 .
A Local Law entitled, "A Local Law in relation to a temporary moratorium on the issuance of approvals and/or
permits for Battery Energy Storage System (BESS) facilities.
Be it enacted the Town Board of the:
❑ County
❑ City
Q Town of SOUTHOLD
❑ Village
I. Purpose
The Town recognizes that Battery Energy Storage System (BESS) facilities are a key component to the
viability and promotion of renewable energy sources, however,the technology of these systems is still in
its infancy. This moratorium is necessary to permit the Town to undertake a thorough examination of
these systems to identify any possible threats to public health, safety and welfare as well as evaluate the
potential for environmental degradation. These issues are of great public concern and it is important that
the potential for any risks is thoughtfully reviewed with in-depth analysis and that mitigation measures
are identified to ensure the continued protection of our community and of our environment. Such
findings will assist in the crafting of code that will determine criteria for future siting, site design, safety
requirements and all other elements that may be necessary for approval.
II. Enactment of a Temporary Moratorium
Until twelve (12) months from the effective date of this Local Law, after which this Local Law shall
lapse and be without further force and effect and subject to any other Local Law adopted by the Town
Board during the twelve (12)month period, no agency,board, board officer or employee of the Town
of Southold including but not limited to,the Town Board, the Zoning Board of Appeals, the Trustees,
the Planning Board , or the Building Inspector(s) issuing any building permit pursuant to any
provision of the Southold Town Code, shall issue, cause to be issued or allow to be issued any
approval, special exception, variance, site plan, building permit, subdivision, or permit for any use
identified as a Battery Energy Storage System (BESS) facility.
(If additional space is needed,attach pages the same size as this sheet,and number each.)
DOS-239-f-I(Rev.04/14)
1
III. Exclusions
This Local Law shall not apply:
1) to any person or entity who/which has,prior to the effective date of this Local Law, obtained
all permits required for such a facility and, relying upon such permission, has undertaken
significant development of such facility.
2) To any application by a municipal corporation or special district or fire district.
IV. Authority To Supersede
To the extent and degree any provisions of this Local Law are construed as inconsistent
with the provisions of Town Law, this Local Law is intended pursuant to Municipal
Home Rule Law to supersede any said inconsistent authority.
V. Variance To This Moratorium
Any person or entity suffering unnecessary hardship as that term is used and construed in
Town Law section 267-b(2)(b), by reason of the enactment and continuance of this
moratorium, may apply to the Town Board for a variance excepting the proposed use
from the temporary moratorium and allowing issuance of a permit all in accordance with
the provisions of this Southold Town Code.
VI. Severability
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not impair or
invalidate the remainder of this Local Law.
VII. Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State.
2
1,
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No. 8 of 20 23 . of the
(Town) of SOUTHOLD was duly passed by the
TOWN BOARD on April 11 ,20 23 , in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval,no disapproval or re-passage after disapproval by the Elective
Chief Executive Officer!".)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the(County)(City)(Town)(Village)of was duly passed by the
on 20 , and was(approved)(not approved)(re-passed after
disapproval)by the ' and was deemed duly adopted on 20 ,
in accordance with the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the (County)(City)(Town)(Village) of was duly passed by the
on 20 , and was(approved)(not approved)(repassed after
disapproval)by the on 20 . Such local law was submitted
to the people by reason of a(mandatory)(permissive)referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the(general)(special)(annual) election held on 20 , in
accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the
(County)(City)(Town)(Village) of was duly passed by the
on 20 , and was (approved)(not approved) (repassed after
disapproval) by the on 20 Such local law was subject to
permissive referendum and no valid petition requesting such referendum was filed as of 20 , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county-wide
basis or,If there be none,the chairperson of the county legislative body,the mayor of a city or village, or the supervisor of
a town where such officer is vested with the power to approve or veto local laws or ordinances.
3
L
DdS-239-f-1(Rev.04/14)
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20
of the City of having been submitted to referendum pursuant to the provisions of
section (36)(37)of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified
electors of such city voting thereon at the(special)(general) election held on 20 ,
became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No of 20
of the County of State of New York, having been submitted to the electors
at the General Election of November 20 , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of
said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said
general election,became operative.
(If any other authorized form of final adoption has been followed,pleas provide an ppropriate certification.)
I further certify that I have compared the preceding local law with th origi 1 on file ' this office and that the same is a
correct transcript there from and of the whole of such original local aw, a d s fi 1 adopted in the manner indicated
in paragraph 1 , above.
Clerk of the County legislative body, City,Town or
(Seal) Village Clerk or officer designated by local legislative body
Denis Noncarrow,Town Clerk
Date: April 17,2023
4
RESOLUTION 2023-337
ADOPTED DOC ID: 18997
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-337 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
APRIL 11,2023:
WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 31" day of January 2023, a Local Law entitled, "A Local Law in
relation to a temporary moratorium on the issuance of approvals and/or permits for
Battery Energy Storage System (BESS) facilities" and
WHEREAS the Town Board of the Town of Southold held a public hearing on the aforesaid
Local Law at which time all interested persons will be given an opportunity to be heard, now
therefor be it
RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local
Law entitled, "A Local Law in relation to a temporary moratorium on the issuance of
approvals and/or permits for Battery Energy Storage System (BESS) facilities" reads as
follows:
LOCAL LAW NO.S 2023
A Local Law entitled,"A Local Law in relation to a temporary moratorium on the issuance
of approvals and/or permits for Battery Energy Storage System (BESS) facilities.
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. Purpose
The Town recognizes that Battery Energy Storage System (BESS) facilities are a key
component to the viability and promotion of renewable energy sources, however, the
technology of these systems is still in its infancy. This moratorium is necessary to permit
the Town to undertake a thorough examination of these systems to identify any possible
threats to public health, safety and welfare as well as evaluate the potential for
environmental degradation. These issues are of great public concern and it is important
that the potential for any risks is thoughtfully reviewed with in-depth analysis and that
mitigation measures are identified to ensure the continued protection of our community
and of our environment. Such findings will assist in the crafting of code that will
determine criteria for future siting, site design, safety requirements and all other elements
that may be necessary for approval.
II. Enactment of a Temporary Moratorium
Until twelve (12)months from the effective date of this Local Law, after which this
Local Law shall lapse and be without further force and effect and subject to any other
Local Law adopted by the Town Board during the twelve (12)month period, no
Resolution 2023-337 Board Meeting of April 11, 2023
•� agency, board, board officer or employee of the Town of Southold including but not
limited to, the Town Board,the Zoning Board of Appeals, the Trustees, the Planning
Board , or the Building Inspector(s) issuing any building permit pursuant to any
provision of the Southold Town Code, shall issue, cause to be issued or allow to be
issued any approval, special exception, variance, site plan, building permit, subdivision,
or permit for any use identified as a Battery Energy Storage System (BESS) facility.
III. Exclusions
This Local Law shall not apply:
1) to any person or entity who/which has, prior to the effective date of this Local
Law, obtained all permits required for such a facility and, relying upon such
permission, has undertaken significant development of such facility.
2) To any application by a municipal corporation or special district or fire district.
IV. Authority To Supersede
To the extent and degree any provisions of this Local Law are construed as inconsistent
with the provisions of Town Law,this Local Law is intended pursuant to Municipal
Home Rule Law to supersede any said inconsistent authority.
V. Variance To This Moratorium
Any person or entity suffering unnecessary hardship as that term is used and construed in
Town Law section 267-b(2)(b), by reason of the enactment and continuance of this
moratorium, may apply to the Town Board for a variance excepting the proposed use
from the temporary moratorium and allowing issuance of a permit all in accordance with
the provisions of this Southold Town Code.
VI. Severability
If any clause, sentence,paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not impair or
invalidate the remainder of this Local Law.
VII. Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Jill Doherty, Councilwoman
SECONDER:Greg Doroski, Councilman
AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell
Updated: 3/24/2023 1:53 PM by Lynda Rudder Page 2
gtaFFO(�-�o -
DENIS NONCARROW � G.y� Town Hall,53095 Main Road
9
TOWN CLERK p P.O.Box 1179
COD 2 Southold,New York 11971
REGISTRAR,OF VITAL STATISTICS Q � .1C Fax(631)765-6145
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER ,( .� Telephone 765-1800
FREEDOM OF INFORMATION OFFICER _ www.southoldtldtownny.gov
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD MAY 5 2023
April 17, 2023
i
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED�t e�Ttop`osed=ii 5cal�a i
entitled:
A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of
the 5.0 acre parcel to be subdivided from the parcel known as SCTM #1000-75-01-6, from Agricultural
Conservation (A-C) to Affordable Housing District (AHD)"
AND
A Local Law in relation to a temporary moratorium on the issuance of-approvals and/or permits for
Battery Energy Storage System (BESS) facilities
Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you.
Denis Noncarrow
Southold Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
(� Date:
Sig ture, Received By
G �\ \ekeyY Title: / cu(\cA NCAA,C nt)n-Cn i-
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
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3b82cdec-e6cc-4966-888e-lb4700cla86e lynda.rudder@town.southo Id.ny.us
AFFIDAVIT OF PUBLICATION
The Suffolk Times i
i
State of New York,
County of,Suffolk,
The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in !
Suffolk County,New York. I certify that the public notice,a printed copy of which is attached hereto,
was printed and published in this newspaper on the following dates:
April 20,2023
This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in
this county, and as such, is eligible to publish such notices.
Signature
Eliot T. Putnam
Printed Name
Subscribed and sworn to before me,
This 26 day of April 2023
V"t4 0.9-4�
Notary Signatu e
MARY BETH ALESCIO WALLING
NOTARY PUBLIC,STATE OF NEW YORK
Registration No.01 AL5056219
Qualified in Saratoga County
My Commission Expires March 04,2026
Notary Public Stamp
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SOUTHOLD TOWN CLERK 1 I
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3b82cdec-e6cc-4966-888e-1b4700c1a86e lynda.rudder@town.southoId.ny.us
AFFIDAVIT OF PUBLICATION
The Suffolk Times
i
LEGAL NOTICE
NOTICE OF ENACTMENT
NOTICE IS HEREBY GIVEN THAT
that the Town Board of the Town of
Southold held public hearings on i
the aforesaid Local Laws at which
time all interested persons were
given an opportunity to be heard, '
now therefor
NOTICE IS HEREBY FURTHER
GIVEN THAT the Town Board of the
Town of Southold hereby
ENACTED the proposed Local
Laws entitled,
A Local Law to amend the Zoning
Map of the Town of Southold by
Changing the Zoning Designation
of the 5.0 acre parcel to be
subdivided from the parcel
known as SCTM#1000-75-01-6,
from Agricultural Conservation
(A-C)to Affordable Housing
District(AHD)"
AND
A Local Law in relation to a
temporary moratorium on the
issuance of approvals and/or
permits for Battery Energy
Storage System (BESS)facilities
A copy of these Local Laws are
available on the Town Website
southoldtownny.gov or at the Town
Clerks Office:
Dated:April 17,2023
BY THE ORDER OF THE
SOUTHOLD TOWN BOARD i
Denis Noncarrow
Southold Town Clerk
I
SOUTHOLD TOWN CLERK 2
®�®ORA,
DENIS NONCARROW may► ®G.y Town Hall,53095 Main Road
TOWN CLERK ® P.O.Box 1179
COD Southold,New York 11971
REGISTRAR,OF VITAL STATISTICS �i ® � Fax(631)765-6145
MARRIAGE OFFICER �'
RECORDS MANAGEMENT OFFICER ®,� .��® Telephone oldt -nny.g00
FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov
RECEIVE®
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 17, 2023 APR 2 4 2023
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Laws
entitled: Southold Town Clerk
A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of
the 5.0 acre parcel to be subdivided from the parcel known as SCTM 91000-75-01-6, from Agricultural
Conservation (A-C) to Affordable Housing District (AHD)"
AND
A Local Law in relation to a temporary moratorium on the issuance of approvals and/or permits for
Battery Energy Storake System (BESS) facilities
Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you.
Denis Noncarrow
Southold Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
0 Date: 4-2.0--2�J
ignature, Received By Title: 4�m\��i- `Iy��
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
DENIS NONCARROW b� G� Town Hall,53095 Main Road
TOWN CLERK ® P.O.Box 1179
e* Southold,New York 11971
REGISTRAR OF VITAL STATISTICS 8 Fax(631)765-6145
MARRIAGE OFFICER y� aQ� Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER ®� �► www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
April 17, 2023
PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Laws
entitled:
A Local Law to amend the Zoning Map of the Town of Southold by Changing the Zoning Designation of
the 5.0 acre parcel to be subdivided from the parcel known as SCTM 91000-75-01-6, from Agricultural
Conservation (A-C) to Affordable Housing District(AHD)"
r
AND
A Local Law in relation to a temporary moratorium on the issuance of-approvals and/or permits for
Battery Energy Storage System (BESS) facilities
Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you.
Denis Noncarrow
Southold Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees -
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
Date:
Signature, Received By
Title:
Please print name
DUPLICATE TO BE SIGNED AND RETURNED,TO
SOUTHOLD TOWN CLERK
4 i
Times Review Media Group Invoice #: 3b82cdec
The Suffolk Times Date: 04/17/2023
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Bill To Customer Email i
SOUTHOLD TOWN CLERIClynda.rudder@town.southold.ny.us
Affidavits will be mailed or emailed (as ordered) 7 days AFTER THE
} LAST INSERTION DATE. j
Description Publish Date Amount
PUBLIC 04/20/2023 $30.86
E
Affidavit(eMail) 1 $25.00
1 Affidavit(Mail) 0 $0.00
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Please remit checks payable to: Balance:
$55.86
Times Review Media Group
PO Box 1500
Mattituck, NY 11952
The invoice number MUST be included on your check to ensure that your payment is
applied correctly.
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<< LEGAL NOTICE
NOTICE OF ENACTMENT
NOTICE IS HEREBY GIVEN THAT
that the Town Board of the Town of
Southold held public hearings on
the aforesaid Local Laws at which
time all interested persons were
given an opportunity to be heard,
now therefor
NOTICE IS HEREBY FURTHER
GIVEN THAT the Town Board of the
Town of Southold hereby
ENACTED the proposed Local
Laws entitled,
A Local Law to amend the Zoning
Map of the Town of Southold by
Chang the Zoning Designation
of the 5.0 acre parcel to be
subdivided from the parcel
known as SCTM #1000-75-01-6.
from Agricultural Conservation
(A-C) to Affordable Housing
District (AHD)"
AND
A Local . Law in relation to a
temporary moratorium on the
issuance of approvals and/or
permits for Battery Energy
Storage System (BESS) facilities
A copy of,these Local Laws are
available on the Town Website
south oldtownny.gov or at the Town
Clerks Office:
Dated: April 17, 2023
BY THE ORDER OF THE
SOUTHOLD TOWN BOARD
Denis Noncarrow
Southold Town Clerk
,COUNTY OF SUFFOLK L
APR 1 0 2023
Southold Town,
OFFICE OF THE�COUNTY EXECUTIVE
Steven Bellone
SUFFOLK COUNTY EXECUTIVE
Sarah Lansdale Department of
Commissioner Economic Development and Planning
April 10, 2023
Town of Southold
53095 Main Road
P.O. Box 1179
Southold,NY 11971
Attn: Denis Noncarrow, Town Clerk
Re: Town of Southold Moratorium
Temporary Moratorium on BESS
S.C.T.M.No.: N/A
S.C.P.C. File No.: ZSR-23-22
Dear Mr.Noncarrow:
The Suffolk Planning Commission at its regular meeting on April 4, 2023,reviewed the referral
from the Town of Southold entitled, "Town of Southold Moratorium on BESS"referred to it
pursuant to Section A14-14 thru A14-25, Article XIV of the Suffolk County Administrative
Code.
The attached Resolution signifies action taken by the Commission relative to this application.
Very Truly Yours,
By Christine DeSalvo
Andrew P. Freleng, Chief Planner
APF/cd Division of Planning and Environment
cc: Heather Lanza, Director of Planning, Town of Southold
Paul DeChance, Town of Southold Attorney
H.LEE DENNISON BLDG ■100 VETERANS MEMORIAL HWY,4th FI 0 P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191
File No. SD-23-03
Resolution No. ZSR-23-22 of the Suffolk County Planning Commission
Pursuant to Sections A14-14 to thru A14-25 of the Suffolk County Administrative Code
WHEREAS, pursuant to Sections A14-14 thru A14-25 of the Suffolk County Administrative Code, a
referral was received on January 23, 2023 at the offices of the Suffolk County Planning
Commission with respect to the application of"Town of Southold Moratorium BESS"
located in the Town of Southold; and
WHEREAS, said referral was considered by the Suffolk County Planning Commission at its meeting
on April 4, 2023, now therefore, be it
RESOLVED, pursuant to Section A14-16 of the Suffolk County Administrative Code and Section 239-
m 6 of the General Municipal Law, the referring municipality within thirty (30) days after
final action, shall file a report with the Suffolk County Planning Commission, and if said
action is contrary to this recommendation, set forth the reasons for such contrary action,
Be it further
RESOLVED, that the Suffolk County Planning Commission Approves of proposed Local Law of 2023-
164 of the Town of Southold creating a temporary moratorium on the issuance of
approvals and/or permits for Battery Energy Storage System (BESS)facilities, subject to
the following comments:
1. The moratorium should be limited to an initial six (6) month period. At such time the
Town should return to the Suffolk County Planning Commission to advise on
progress.
2. The Town should confirm that the temporary moratorium will only apply to BESS
related applications and not deem a larger proposed application unfit for review if a
portion of such proposal includes a BESS facility; rather that BESS portion of such a
proposed application may not move forward but yet allow the remainder of said
application to continue to be reviewed by the Town.
3. The Town is encouraged to review the regulations adopted by other Long Island
municipalities, as well as others nationally that may relate to BESS facilities, to help
better understand and issue appropriate regulations that would allow for the
development of these facilities while adhering to the Town's concerns.
ZSR-23-22
File No.: SD-23-03
The Town of Southold
Temporary Moratorium on BESS Facilities
COMMISSION ACTIONS OF APPROVED RESOLUTION
AYE NAY ABSTAIN ABSENT
BALDWIN, STEPHANIE—At Large X
CASEY, JENNIFER -Town of Huntington X
CONDZELLA, JOHN —Town of Riverhead X
COVERDALE, JOHN —Town of Brookhaven X
DOTY, DAVID—Town of East Hampton X
FINN, JOHN -Town of Smithtown X
FLYNN, DANIEL—Town of Southampton X
GALLE, ELIZABETH—Town of Shelter Island X
GERSHOWITZ, KEVIN G.-At Large X
KAUFMAN, MICHAEL - Villages under 5,000 X
KITT, ERROL—At Large X
LEWIS, LASCHECA, Town of Babylon X
MCCARTHY, THOMAS -Town of Southold X
MCCARTHY, TIMOTHY—Town of Islip X
PERRY, LISA—Villages Over 5,000 X
Motion: Commissioner Casey Present:. 10
Seconded: Commissioner Galle Absent: 5
Voted: 10
Abstentions: 0
DECISION: Approved
DENIS NONCARROWo~� Gy� Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
CA Z Southold,New York 11971
REGISTRAR OF VITAL STATISTICS 5 .lC Fax(631)765-6145
MARRIAGE OFFICERT'
RECORDS MANAGEMENT OFFICER ��,( �a0 Telephone 765-1800
FREEDOM OF INFORMATION OFFICER www.southoldtldtownny.gov
OFFICE OF THE TOWN CLERK `: s
TOWN OF SOUTHOLD
March 1, 2023
MAR 3 1 2023
PLEASE TAKE NOTICE that the Town Board of the Town of Southold willh ld � tte
proposed Local Law listed below at the Southold Tcum Hall, 53095 Main RoadS��a'' "r�' n �-
Hall on the 14th day of March, 2023 at 7:00 PM:
A Local Law in relation to a temporary moratorium on the issuance of approvals and/or permits for
Battery Energy Storage System (BESS) facilities.
Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm
receipt of this noti le. Thank you.
Denis Noncarrow
Town Clerk
Attachments -
cc: Suffolk County Department of Planning' Long Island State Park Commission
Email: Village of Greenport Town of Shelter Island-
Town of Riverhead Town of Southampton
Southold Town Planning R0ard Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
Date:
Signa re, Received By
\J A V Title:
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
„ ,-. SOUTHOLD TOWN CLERK
Our Only Message Our Only Mission .
Christ's Comfort Saving Souls
St. John 14:1 James 5:20
First Baptist Church of Cutchogue
-------------------
21405 County Road 48
P.O.Box 534
Cutchogue,N.Y. 11935
Church Office: 63.1.734.6108
Rev.Sam R.Fulford,Sr.,Intentional Interim Pastor
Church Clerk Chairman Trustee Board
Sister Denise Ross Trustee Clyde Ross, Sr.
631.298.4826 631.902.7850
LS1039u2thold
lu
March 24,2022
7 2023
Scott Russell, Supervisor
Town of Southold
P.O. Box 1179 ow-� Cferk
Southold,New York 11971
Dear Supervisor Scott Russell,
We,the First Baptist Church of Cutchogue are in preparation for celebrating 99 years at our
present location of 21405 County Road 48,Cutchogue,New York. We are greatly concerned
about the possibility of a Lithium Ion Storage Station(battery plant)located in the vicinity. We
are asking Southold Town for an immediate moratorium. Thanking you in advanced for your
consideration.
inperely yours,
Rev.Dr. Sam R. Fulford, Sr.,
Interim Pastor
Cly4 T. Ross Sr. Chairman
Trustee Board
D.
f11��4i Ld .. LTJ
SUPERVISOR'S OFFICE
TOWN OF SOUTHOLD
SUFFOLK COUNTY +'' .. . '�'(~
L:.
MAR 2 2 2023
Steven Bellone
SUFFOLK COUNTY EXECUTIVE
Sarah Lansdale Department of
Commissioner Economic Development and Planning
March 22, 2023
Town of Southold
53095 Main Road
P.O. Box 1179
Southold,NY 11971
Attn: Supervisor Scott A. Russell
Re: Town of Southold
Temporary Moratorium—BESS Facilities
Municipal File No. /Public Hearing Date: March 14, 2023
S.C.P.C. File No.: SD-23-03
Dear Supervisor Russell:
Please be advised that pursuant to Sections A 14-14 to 25 of the Suffolk County Administrative
Code, the above captioned application which has been referred to the Suffolk County Planning
Commission will be reviewed by the Commission at its regular meeting on Tuesday, 2:00 p.m.,
April 4,2023 via Zoom Video Conferencing. Instructions attached.
In accordance with the Rules of Proceedings of the Suffolk County Planning Commission you
are asked to send a public official, government employee or professional involved with this
initiative to present to the Commission a synopsis of the Plan initiative and results.
Please let us know in advance the individual(s) who will be representing your municipality. This
presentation is separate from the "public portion" of the Commission agenda and we would like
to give your municipality the courtesy of listing the presenter on the Commission agenda
separately. Should you require any special audio/visual equipment or have any questions or
comments, please do not hesitate to contact the undersigned.
Sincerely,
By Christine DeSalvo
Andrew P. Freleng, Chief Planner
Division of Planning and Environment
APF/cd
cc: Denis Noncarrow, Town Clerk
H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11786-0099 ■ (631)853-5191
INSTRUCTIONS FOR ZOOM: You need to download the free software and sign in. Go to meetings
and enter the ID Number.
Topic: Planning Commission Meeting Tuesday April 4, 2023 2:00 pm
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In accordance with Suffolk County Local Law No.26-2021,the Suffolk County Planning Commission as
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the public to attend in person,members of the public may listen to or log into the video conference.
Written comments can be submitted prior to the meeting to the attention of Andrew P. Freleng,Chief
Planner,Suffolk County Department of Economic Development and Planning,Division of Planning&
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1
H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI In P.O.BOX 6100■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191
Noncarrow, Denis
From: Russell, Scott
Sent: Friday, March 17, 2023 1:52 PM
To: Noncarrow, Denis
Cc: Doherty,Jill; Nappa, Sarah; Doroski, Greg; Evans, Louisa; Mealy, Brian; DeChance, Paul
Subject: FW: B.E.S.S.
> �
From: Ctt3@optonline.net<Ctt3@optonline.net> MAR
,71
Friday, March 17, 2023 12:53 PM 2023
To: Russell, Scott<Scott.Russel l@town.southold.ny.us>
Subject: B.E.S.S. .9w GCc `17own Clerk
Mr.Russell,
Please share my concerns regarding the future direction of our Town with all members of the Town Board, Planning
Board, and all others necessary. As you know NY State passed a law requiring a sweeping climate law,
approved in 2019, requiring New York to hit key benchmarks in the coming years under
the transition: 70% renewable electricity by 2030 and 100% zero-emissions electricity by
2040. By 2050, New York must hit zero net emissions.
Battery Energy Storage Systems are one part of meeting this requirement. However, these
systems are all designed by foregin corporations for their benefit and profit, many as I am
told using child and slave labor.
So let's delve into how "We the People" can slow this process within our Town,
protecting all of us. We must logically address the viability of these systems within our
Township. Are they truly designed to achieve stated goal? Do they have a lifetime limit?
What does it cost in terms of environmental concerns to manufacture the parts needed to
build and if replacement needed where do we dispose of all the old parts and batteries?
Where they presently are in practice they have shown to have "heat transfer issues, not
fire suppression issues" one such facility in Arizona caught fire and required 5 million
gallons of water to extinguish because of this.
I also understand most of the minerals needed for these batteries come from China, where
slave and child labor is used. We in Southold should write that into our code. That no
facilities of any type where parts come from the use of slave or child labor shall be
allowed within the Town limits.
Also as reported Nuclear Fusion is on a fast track and when achieved there will be no
radio active waste. Nuclear provides the cleanest form of energy production. There are
1
also forms of CO2 recapture being developed: Both of these may well make Battery
Storage obsolete.
There is no such thing as "Zero Emissions" what we are achieving are moving the
emissions from end result to beginning of production of the battery. We have to dig up
500 thousand pounds materials to create a single 1000 pound battery. It takes 100 to 300
barrels of oil to manufacture a battery that can produce the energy 1 barrel of oil can. Just
manufacturing a battery can put 10 to 30 tons of CO2 into the atmosphere. These are
reason enough for me to say no.
I am attaching a link of pertinent information that should be used in guiding the town.
https://www.manhattan-institute.org/mi nes-mi nerals-and-green-energy-reality-check
Bob Bittner
Cutchogue NY 11935
ATTENTION:This email came from an external source.. Do not open attachments or click on links from unknown senders
or unexpected emails.
2
RECEIVED
Mel Morris
Mary Eisenstein AFAR 16 2023
272 Park Ave. Southold Town Clerk
Mattituck, NY 11952
To: Supervisor Russell and Councilmembers Doherty,Evans,Nappa,Doroski,Mealy
From: Mel Morris, Mary Eisenstein
RE: Support of the Proposed Moratorium on BESS Facilities
Date: March 15,2023
We are writing to ask you to vote in favor of the proposed moratorium on lithium-
ion battery energy storage systems(BESS) Facilities.
According New York State Energy Research & Development Authority-NYSERDA,
their guidelines to municipalities is to develop a plan for clean energy, appointing
a special board to evaluate existing conditions, and provide public engagement
and education.
To date the only public meeting on the BESS system for Southold Town, was The
Cutchogue Civic Association's Public Forum Meeting in January, with a panel of
professionals, that provided information to the community.
We believe that having a moratorium on this very important subject, will give
Southold Town the opportunity to follow The New York State Energy Research &
Development Authority guidelines for municipalities.
Thank you for your consideration
Mel Morris & Mary Eisenstein
I I
Noncarrow, Denis
MAR 1 5 2023
From: Shawn Jones <sjones@bluewave.energy> I 4
Sent: Tuesday, March 14, 2023 11:59 AM '
To: Rudder, Lynda; Noncarrow, Denis ^``!�.% a� ga Town �
Cc: Deborah Collum "`---�-
Subject: BlueWave Comments for 3/14 Town of Southold Public Hearing Local Law Moratorium -
Battery Energy Storage System Facilities
Attn: Denis Noncarrow,Town Clerk denisn@southoldtownny.gov
Lynda Rudder, Deputy Registrar and Deputy Town Clerk Lynda.rudder town.southoId.ny.us
As the Town of Southold considers a twelve-month moratorium regarding Battery Energy Storage System (BESS)facilities
this evening, BlueWave strongly advocates that the Town does not enter a moratorium and instead consider projects, on
a case-by-case basis, in parallel with BESS bylaw development, as there are projects that have created a precedent and
already received approval through existing Town Code. Irrespective of whether Town of Southold enters a moratorium,
BlueWave would petition that the following is considered while drafting a bylaw:
1. On December 28th, 2022, NYSERDA released a 6 GW Energy Storage Roadmap,detailing funding&
proposed programs to incentivize the buildout of energy storage facilities to meet NY state mandates to
reach 70% renewable electricity by 2030(7000 goal) and 100%carbon-free energy by 2040 (100x40 goal).
In association with the funding& programs discussed in the 6 GW Energy Storage Roadmap, NYSERDA's
model indicates approximately two-thirds of Energy Storage systems procured by 2030 will be on Long
Island & Downstate.That equates to roughly 4 GW deployed in the next seven years.
2. Energy Storage can provide local critical grid resiliency services, address mandated fossil fuel plant
retirements, and support the projected growth of electric demand due to widespread adoption of electric
vehicles and electrification of home applications, such as heating.
3. Energy storage projects require interconnection to existing electrical infrastructure that is not restrained
to, or always accessible from, specific zones within the Town of Southold.
4. If a moratorium is to be enacted,we propose that the timeframe be limited to 6 months to allow for
establishment of a Battery Storage Advisory Team and that a schedule for public meetings and the
formation of the committee to consider the new local law be circulated shortly thereafter.
Given the above, BlueWave would petition that a draft BESS bylaw provides a mechanism for projects to be considered
in all zones that balance protecting the Town with ensuring that there are not unnecessarily burdensome requirements
placed on developers, which would stymie BESS development.This may require education of Town officials by
BlueWave, other developers, NYSERDA and members of the Battery Storage Advisory Team to give town officials a sense
of the design and operational requirements for BESS. Considerations include:
? Size-Based Restrictions: BlueWave does not have an opinion on restrictive requirements depending on
the size of the BESS project as BlueWave has proposed projects at the 5MW size connected to local
distribution lines as well as a transmission-connected project at 45MW.
? Zoning District Restrictions: Several towns in Long Island allow BESS in most or all of their zoning
districts, and in some instances, impose more strict requirements(such as additional visual screening or a
special use permit)for residential or light commercial districts.This maximizes a developer's ability to
choose a project location instead of being limited to only industrial areas. BlueWave support this
consideration to be included in the bylaw drafting.
F ? Setback Requirements: Most towns have minimum setback requirements in their Zoning Codes.
BlueWave supports less restrictive setbacks in industrial and heavy commercial zoning districts and larger
(but still reasonable) setbacks in residential, agricultural or light commercial districts.
? Lot Coverage Requirements: Similar to setbacks, most towns have lot coverage restrictions in their
Zoning Codes. It is important to understand how the Town of Southold calculates lot coverage and what
components would be included within the lot coverage calculation (e.g., does the lot coverage restriction
extend to interconnection facilities?). Depending on the lot coverage restrictions in the underlying zoning
district where BlueWave may propose to develop a project, BlueWave would like to assist the Town in
determining what BESS components should be included in the lot coverage calculation.
? Visual Screening Requirements: It is likely that the Town will want to enact a vegetative or other visual
screening requirement. BlueWave acknowledges the importance of such screening requirements and
supports the Town aligning their requirements to be reasonable and comparable to the requirements of
surrounding towns.
? Height Restrictions: BlueWave advocates that any height requirements allow for projects to be
constructed without significant design changes.The Town may not have a sense of the standard heights for
various components of a BESS and therefore may pursue height restrictions that do not align with,for
example, best utility practices or the National Electric Safety Code. BlueWave's BESS systems envisioned for
the Town would not exceed 10ft in height.
? Light/Visual Mitigation: Similarly, BlueWave advocates for lighting and visual restrictions that are
practical, consistent with utility best practices, applicable codes and are not unnecessarily burdensome.
We look forward to continuing our work with the Town to support New York State's ambitious climate goals through
responsibly developed,thoughtfully sited BESS facilities.
Thank you,
Shawn Jones
------------------
Shawn Jones
He/Him/His
Managing Director,Storage Development
BlueWave
116 Huntington Avenue, Suite 601
Boston,MA 02116
619.536.4137
bluewave.energy
BlueWave is proud to be a certified B Corp
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by return e-mail and delete this e-mail and all attachments from your system.
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2
f -!
i
` � -- o��gUFFO(�►�, -
DENIS NONCARROW =� �G.f� Town Hall,53095 Main Road
TOWN CLERK p P.O.Box 1179
COD Z Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Q Fax(631)765-6145
MARRIAGE OFFICERy
RECORDS MANAGEMENT OFFICER ,� .� Telephone 765-1800
FREEDOM OF INFORMATION OFFICER www.southoldtldtownny.gov
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 1, 2023
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the
proposed Local Law listed below at the Southold Town Hall, 53095 Main Road, Southold, N Y in the Meeting
Hall on the 14th day of March, 2023 at 7:00 PM:
A Local Law in relation to a temporary moratorium on the issuance of approvals and/or permits for
Battery Enemy Storage System (BESS) facilities.
Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm
receipt of this notice. Thank you.
,L ;��
Denis Noncarrow
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
Date:
Signature, Received By
Title:
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
• T
o�Og%jFFOL,�-�O
DENIS NONCARRO_ W c� G.y� Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
COD = Southold,New York 11971
REGISTRAR,OF VITAL STATISTICS O Fax(631)765-6145
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER ,� •� Telephone 765-1800
FREEDOM OF INFORMATION OFFICER www.southoldtldtownny.gov
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 1, 2023
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the
proposed Local Law listed below at the Southold Town Hall, 53095 Main Road, Southold, N.Y.in the Meeting
Hall on the 14"' day of March, 2023 at 7:00 PM:
A Local Law in relation to a temporary moratorium on the issuance of approvals and/or permits for
Battery Energy Storage System (BESS) facilities.
Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm
receipt of this notice. Thank you.
Denis Noncarrow
Town Clerk
Attachrrfents
cc: Suffolk County Department of Planning Long Island State Park Commission
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
Date:
i nature, Received By
CS`� \ 1 \U0 Title:
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
DBMS NONCARROW Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS x Fax(631)765-6145
MARRIAGE OFFICER ' "
RECORDS MANAGEMENT OFFICER 'g� telephone(631)766-1800
t.�
www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF,SOUTHOLD
March 1, 2023
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the
proposed Local Law listed below at the Southold Town Hall, 53095 Main Road, Southold;N Y in the Meeting
Hall on the 14'h day of March, 2023 at 7:00 PM:
A Local Law in relation to a temporary moratorium on the issuance of approvals and/or permits for
Battery Enerm,Storage Svstem (BESS) facilities.
Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm
receipt of this notice. Thank you.
iJ
Denis Noncarrow
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long.Island State Park Commission
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
n
Date:
Signature,Received By
Title:
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
5
4%,Af F191I"h
DENTIS NONCARROW `'� ' °r;.. Town Hall,53095 Main Road
TOWN CLERK � �� P.O.Box 1179
Southold,New York 11971
REGISTRAR,OF VITAL STATISTICS � � �. Fax(631)765-6145
MARRIAGE OFFICER+ °�
.r��, �` � Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER .� ``i' _
FREEDOM OF INFORMATION OFFICER ' www.southoldtownnygov
OFFICE OF TM TOWN CLERK
TOWN OF SOUTHOLD
March 1,2023
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the
proposed Local Law listed below at the Southold Town Hall, 53095 Main Road, Southold,N Y in the Meeting
Hall on the 14`h day of March, 2023 at 7:00 PM:
A Local Law in relation to a temtpnrary morMoriuim on the' issuance of a0j)r6vals hndlor, permits "for
Battery Ener"Storgg!e Svs"tem (BESSI facilities.
Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm
receipt of this notice. Thank you.
Denis Noncarrow
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
tg9natufq,
Date: 3 I1)2ceived By
ame S
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
DENIS NONCARROW �� �.f, Town Hall,53095 Main Road
TOWN CLERK ® P.O.Box 1179
-le Southold,New York 11971
REGISTRAR OF VITAL STATISTICS � Fax(631)765-6145
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER ,e •ATelephone 765-1800
FREEDOM OF INFORMATION OFFICER www.southoldtldtownny.gov
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 1, 2023
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the
proposed Local Law listed below at the Southold Town Hall, 53095 Main Road, Southold,N Y in the Meeting
Hall on the 14,h day of March,2023 at 7:00 PM:
A Local Law in relation to a temporary moratorium on the issuance of approvals and/or permits for
Battery Energy Storage.System (BE SS )facilities.
Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm
receipt of this notice. Thank you.
Denis Noncarrow
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Sou old Town Building Department
-�— lqlai6 Date: o,-0
Signature, Received By
Title: 1
J
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
Suf�oc,��o
DENTS NONCARROW �Z+O r/y Town Hall,53095 Main Road
TOWN CLERK c %� P.O.Box 1179
= Southold,New York 11971
REGISTRAR OF VITAL STATISTICS a• Fax(631)765-6145
MARRIAGE OFFICER
` Q a� Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER .� '�_ www southoldtownnygov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 1, 2023
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the
proposed Local Law listed below at the Southold Town Hall, 53095 Main Road, Southold,N Y in the Meeting
Hall on the 14,h day of March, 2023 at 7:00 PM:
A Local Law in• relation to a temporary moratorium on the issuance of approvals and/or permits for
B'attei--Energy Storage-System (BESS)facilities.
Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm
receipt of this notice. Thank you.
Denis Noncarrow
Town Clerk
Attachments
cc: Suffolk County Department of Planning_ Long,Island State Park Commission
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
Date: 3 �/ x 3
Signature, Rece v d By
/�'� V. f/�r'.• Title: `
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
F01,r
DENIS NONCARROW ���'. ✓�,; Town Hall,53096 Main Road
TOWN CLERK '- P.O.Box 1179
ae Southold,New York 11971
REGISTRAR.OF VITAL STATISTICS 'b� :' Fax(631)765-6145
MARRIAGE OFFICER Telephone(631)765-1800
RECORDS MANAGEMENT OFFICERwww southoldto ov
FREEDOM OF INFORMATION OFFICER K'e'g
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD L
March 1,2023
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the
i
proposed Local Law listed below at the Southold Town Hall,53095 Main Road, Southold,N Y in the Meeting
Hall on the 14`h day of March,2023 at 7:00 PM:
A Local Law in. relation to a temporary moratorium on .the issuance of approvals and/or permits for
'Ba.tti"..Erreray. Storage System (BESS)•facilities.
Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm
receipt of this notice. Thank you.
Denis Noncarrow
Town Clerk
Attachments
i
i
cc: Suffolk County Department of.Planning .. Long.Island State Park Commission
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold,Town Assessors Southold Town Board of Appeals
a
Southold Town Building Departipent
�. Sn� $ a/
Date:
Sign'�ture,Received By 't
SU/v�C}y ,�. SG He I`M'-r/� Title; �1 U7-�H�l'`/070 ti/ 7Z71tid if
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
DENTS NONCARROW � °.�;.. Town Hall,53095 Main Road
TOWN CLERKP.O.Box 1179
CD ,
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS `�' �'
�. .�! .. �,": Fax(631)765-6145
MARRIAGE OFFICER'
RECORDS MANAGEMENT OFFICER : Telephone(631)765-1800
FREEDOM OF INFORMATION OFFICER wwwsoutholdtownnygov
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 1, 2023
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the
proposed Local Law listed below at the Southold Town Hall, 53095 Main Road, Southold,N Y in the Meeting
Hall on the 14,h day of March,2023 at 7:00 PM:
A Local Law in relation to a temnorary moratorium on 'the issuance of anprovals and/or permiis:.for
Battery Enerj�V-Storage System (BESS)facilities.
Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm
receipt of this notice. Thank you.
Denis Noncarrow
Town Clerk
Attachments
cc:. Suffolk County Department of Planning Lone Island State Park Commission
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
/Z'
4- Date: 3•: ' 'a.3
S i .;re;;Received'• ..
%z-G_be �,, sL11' Title:
Please print name '
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
' w
DENIS NONCARROW Town Hall,53095 Main Road
�f P.O.Box 1179
TOWN CLERK
Coo , Southold,New York 11971
REGISTRAR OF VITAL STATISTICS' Fax(631)765-6145
S,'`'• ,
MARRIAGE OFFICERQ` Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER -tf g A `ll ' www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 1, 2023
PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the
proposed Local Law listed below at the Southold Town Hall, 53095 Main Road, Southold,NY in the Meeting
Hall on the 141h day of March, 2023 at 7:00 PM:
A Local•Law in relation to a temporary:moratorium on the issuan'ee of approvals and/or permits"for
Baitccl-Ener"_Staraae Svstem (BESS) facilities.
Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm
receipt of this notice. Thank you.
Denis Noncarrow
Town Clerk
Attachments
cc: Suffolk County Department of Planning Lone Island'State.-Park Commission
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southaid•Town Building.Department
Date: `3))
Signature,Received By
1rn. •� . V L4 r P .a Title: ALU
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
DENIS NONCARROW Town Hall,53095 Main Road
TOWN CLERK ® P.O.Box 1179
COD Z Southold,New York 11971
REGISTRAR OF VITAL STATISTICS p ® $C Fax(631)765-6145
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER ®„� g .�`8® Telephone 765-1800
FREEDOM OF INFORMATION OFFICER www.southoldtldtownny.gov
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 1, 2023
PLEASE,TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARING on the
proposed Local Law listed below at the Southold Town Hall, 53095 Main Road, Southold, N Y in the Meeting
Hall on the 14`h day of March, 2023 at 7:00 PM:
A Local Law in relation to a temporary moratorium on the issuance of approvals and/or permits for
Battery Energy Storage System (BESS) facilities.
Please sign the bottom of this letter and email or fax it back to me at your earliest convenience to confirm
receipt of this notice. Thank you.
� ,
Denis Noncarrow
Town Clerk
Attachments
cc: Suffolk County Department of Planning Long Island State Park Commission
Email: Village of Greenport Town of Shelter Island
Town of Riverhead Town of Southampton
Southold Town Planning Board Southold Town Trustees
Southold Town Assessors Southold Town Board of Appeals
Southold Town Building Department
00K���4 ' �J12) Date:
nature, Received By
QIA641U'L'- %J Vo Title: rn�v�C 5► �C�" .
Please print name
DUPLICATE TO BE SIGNED AND RETURNED TO
SOUTHOLD TOWN CLERK
/
�
/
/
�
Lynn A^ Decker and Carole Ann K8yavec '
547 Third Streeet,Greenport, NY11844 /
March S,2O23
To: Scott Russell,Town Supervisor
'
Southold Board ofTrustees
MAR 9 2023
�
' . .
We request that the following statement be read into the minutes of the March 14, 2023 public hearing
concerning the QEGSMoratorium:
Clearly our attentiorito,thbnESS'�moratoriUm.has`beenfurtherpmmpted by the recent horrific tragedy
that-occurred
In.East Kadon. This drew our attention tothe'lethal and environmental
imdfthis asUity'w6uldhave'6ENTIRE area. TIME needs to-- dedicated before anything
goesformardviththec.e..~nofthisfacUity. This istoo vmbti|ean issue tmplow forward blindly. A
12-month moratorium to investigate and evaluate the ramifications of such a project should be clear
and obvious.
VVebelloxe -ive:Mieadvxasnot.in-Mvormf 'ecnex�000fsuchafacU|ty. Why should Southold pick-up the
.gaUn�t|k,an-dthink
n'a@oodkdda7_For- has tmbedone before veaccept
^�onirreversible
oteMtial|vdeadK,`p/pjecL VefulK/undecsta-odf6*need' � �retahe 6h6rgycNs1'S- ce tod � but�oxo,~ not besmqU^!PHWope�nour `__�__~... �,� = .U�v "
�
our lives,
-
' - ---1.—,r'~''''°.� .��~p�pp�"�"v�nuvun���rneaq00onbf 6I2�nfinhth
,moratorium sothatfu'fw` ,studie
9 t4n6ecp9ducts.
Thank you.
^,...°'°=�`= Carole Ann K8yavec
GUPERV|8OR7SOFFCE '
lZ8N0UFSOU-MOLD
�
'
Noncarrow Denis -------- ----- ^� `�
From: Alexandra O'Mara,<friendsoforegonroad@g ail.com>
Sent: Wednesday, March 8, 2023 5:06 PM
To: Noncarrow, Denis MAA - 9 2023
Subject: [SPAM] - Fwd:Approve the Moratorium
Dear Mr. Noncarrow, we had sent the email below to each member of the town Board, but it's possible it fell
into their spam folders. Would you please make sure each person receives it? Thanks so much!
Friends of Oregon Road
Dear Town Board Members,
Please vote YES on March 14th to the proposed moratorium on battery storage facilities. The Board, Planning
Board and ZBA need the time to gain knowledge about this technology. A moratorium will provide this
opportunity.
Regardless of political affiliation,the voters have shown support for green initiatives but safety and location
need to be considered as well.
We have circulated two petitions since the KCE project was first announced: the first demonstrated opposition
to the project and has over 1,300 supporters: https:Hchng.it/GQhCJrkD
The most recent petition demonstrates support for the moratorium and has over 1,000 supporters:
https://chn .ig t/mjVLf6Hh
To those who say these projects take time to percolate so a moratorium isn't necessary, we are not willing to
take that chance.
To those who are concerned that the State could overrule any local decision such as the moratorium, there is no
legal authority or precedent to support that concern.
Your constituents have spoken. Please vote accordingly.
Sincerely,
Friends of Oregon Road
ATTENTION: This email came from an external source. Do not open attachments or click on links from
unknown senders or unexpected emails.
1
Supervisor Scott Russell
Southold Town Board Members
Louisa Evans, Jill Doherty, Sarah Nappa, Greg Doroski, Brian Mealy BAR 1 3 2023
53095 Main Road r
PO Box 1179
Southold,NY 11971k1.
March 13, 2023
Dear Supervisor Russell and Town Board Members,
On behalf of the Board of Directors of the Southold Peconic Civic Association we ask that you vote in
favor of enacting a 12 month moratorium on Battery Energy Storage System facilities.
V
There is no denying that these facilities will be needed in the future as we transition to alternative energy
sources, but as this is still an emerging technology with a limited track record,the Town needs the time
that a moratorium will grant in order to educate itself and its residents about the risks and rewards of this
technology, as well as to enact the proper legislation, regulations and zoning that such facilities will re-
quire.
A moratorium would give our emergency service personnel the time to learn effective methods of control-
ling any accidental fires that could occur in such facilities, as well as to develop emergency plans and
necessary remediations after an accident.
Last month's fatal car accident involving a horrific fire in an electric car with a lithium battery could be
seen as the canary in the coal mine—telling us there is much we need to learn. We need the time in
which to do so.
Southold Peconic Civic Association
Board of Directors
Maggie Merrill
Margaret Steinbugler
Peter Meeker
Katy Stokes
Alvin Schein
John McLane
3/7/9 -3
Vto-< Town C ktcv -
V45 c• nwr� ccg�a�,r,� o� over' �,ov�v��s �,�S3�S0
C. Y,
5u P?o r�r- v A ane t o
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1
$�Om�L S�S��w, �a,Ca���czS stn OU-<
aT \tzp eX\,evv *k-\r- rt vv,,u,'rt vNt e.d 4
RECEIVED �JJLI
MAR 1 3 2023
Southold Town Clerk
Lh, ` °� i
3340 Oaklawn Avenue MAR 1 3 2023
Southold,New York 11971
March 10, 2023 OUthold Town Cleric
Supervisor Scott Russell
Members of the Town Board
Town of Southold
53095 Main Road
PO Box 11079
Southold,New York 11971
Dear Supervisor Russell and Honorable Board Members:
I am writing in support of the proposed 12-month moratorium for applications for lithium-ion battery
energy storage systems(BESS)facilities. I encourage you to proactively and seriously consider the many
potential concerns these facilities pose to our community and to carefully legislate rules for their
placement and construction within our Town.
The Town of Southold depends upon the sole source aquifer for drinking water. The risks of potential
impacts to our aquifer from leaking batteries or a fire at a BESS facility must be thoughtfully considered
as part of facility siting and rules for containment.
Within the Town we rely upon a Volunteer Fire Department that is increasingly stressed from
development in recent decades and more so in recent years. Legislation can address construction
standards, set backs and safety features and redundancies which can in turn protect our community and
first responders.
While it may be necessary to site several of these BESS facilities in our Town to reduce green house gas
emissions in New York State,the Town should make an effort to understand the timeline for their use.
Technologies change rapidly. Lithium ion battery technology is constantly changing and could become
less prone to overheating and fire in the near future. Provision for replacement and upgrading the BESS
facilities with newer technologies needs to be factored into the Town's legislation.
All of these considerations far exceed the scope of the current Town of Southold Zoning and Building
Codes and need to be examined before any BESS facilities can be successfully sited, built, or operated in
our Town.
Thank you for the opportunity to share my concerns. Please enter these remarks into the public hearing
record.
Very truly,
Caroline Yates
> L
Noncarrow,,Denis
From: Chris <chrislarkin55@gmail.com>
Sent: Friday, March 10, 2023 4:02 PM "
s_.il- �'1-G 0 4cC b /J ��,? � �9
To: Russell, Scott; Evans, Louisa; Doherty,Jill; Nappa, Sarah DoroS.ki�G`rd eay Brian
Cc: Noncarrow, Denis
Subject: [SPAM] - BESS moratorium -please read at public hearing March 14
>>> Dear Supervisor Russell and Town Council members, I write in support
>>>of the proposed year long moratorium on accepting applications for battery energy storage systems in Southold
Town. I hope a year is actually long enough for the Council to update the codes-and provide the needed tools-that
would govern such new technologies.
>>> I am aware that several Long Island towns have already updated their codes to accommodate such industrial
facilities but they have greater land mass upon which to place these buildings.
>>> In addition to the fire safety issues, is enough known about the potential environmental impact in case there is a
fire?And where will these buildings be allowed? How many might be built here?
>>>As you develop these code updates, please keep the residents informed-we will need to be educated on both the
pros and cons of these types of"green adjacent" innovations.Although, right now, such facilities here will only be
storing energy from polluting sources. Perhaps we should wait until there is more research done and when we actually
have lots of clean energy to store.
>>>Thank you.
Christina Larkin
Greenport
Sent from my Wad
ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders
or unexpected emails.
Ir�J tia �aa �3
Noncarrow, Denis L
From: Christina Muccioli <Christina.Muccioli@ahrcnyc.org> I MAR 1 3
2023
Sent: Saturday, March 11, 2023 1:02 PM
To: Noncarrow, Denis
Cc: Caroline Yates dar:jwn C rk
Subject: [SPAM] - March 14th Town Hall Public Meeting -Moratorium on Ciffiium=ion b-atteTT---J
storage facilities
Importance: High
Dear Town Clerk Denis Noncarrow:
Our names are John and Christina Muccioli. Since 2004,we have resided at 3570 Kenney's Road. We are also members
of the Kenney's McCabe Beach Civics Association.
It has come to our attention that there will be a meeting with the Board of Trustees this Tuesday, March 14th. We are
unable to attend in person but will link in through zoom. Specifically,the issue that we hope to address in sending this
email to you concerns the proposed,12-month moratorium for applications for lithium-ion battery energy storage
systems (known as BESS) facilities. We join with the Chair of the Zoning Board, and all the members of the ZBA in
unanimous support of the moratorium.
Our son-in -law is a Battalion Chief in the NYCFDNY. He has cautioned us over and over about the use of lithium-ion
batteries citing the unprecedented number of fires in NYC caused by these batteries. As the Vice President of Education
of AHRCNYC in NYC I am responsible for 7 schools in all 5 boroughs. Because of our sons-in-law admonitions, I have
directed my school staff that if anyone travels to school on an a-bike or scooter utilizing a lithium -ion battery they are
prohibited to park near the school building.
The news is filled with stories about fires causes by these batteries as well. We wholeheartedly agree that there should
be a moratorium for lithium-ion batter energy storage systems facilities in Southold.
Sincerely,
John and Christina Muccioli
3570 Kenney's Road
Southold, New York 11971
1
Noncarrow, Denis
From: Peconicbaylaw <peconicbaylaw@gmail.com>
Sent: Saturday, March 11, 2023 2:51 PM SGrl th0,I'd �_ �
To: Russell, Scott; Evans, Louisa; Doherty,Jill; Sarah Nappa; ceg.a) Lll Brian eal
Noncarrow, Denis; DeChance, Paul
Subject: Re: Battery Storage Facility Moratorium Template
Good afternoon! Unfortunately, I cannot make next Tuesday's hearing on the proposed Battery Energy Storage
Systems moratorium, however I am requesting that the below be read into the record at the subject public
hearing:
"I applaud the Town Board for responding to the community's request to explore the possibility of enacting a
Battery Energy Storage System moratorium. The proposed moratorium has the valid public purpose of pausing
the processing and construction of such facilities until proper zoning regulations may be adopted in order to
prevent irreparable harm to the environment and community character. As such the benefit of the subject
moratorium greatly outweighs any detriment that may be caused. Further, the moratorium should be written as
far reaching as possible so as to apply to any such system that has not yet secured vested rights, for example a
building permit being issued and substantial construction completed. Please enact this moratorium forthwith."
Thank you.
Best,
Stephen F. Kiely, Esq.
P.O. Box 567
Mattituck, NY 11952
631.433.1929
On Dec 14, 2022 at 7:08 PM, <Peconicbaylaw>wrote:
Good evening! Pursuant to my comments made last night, attached please find the above for your review.
I -
Best,
I
Stephen F. Kiely, Esq.
P.O. Box 567
Mattituck, NY 11952
631.433.1929
i
Noncarrow, Denis
From: Tomaszewski, Michelle on behalf of Russell, Scott
Sent: Tuesday, March 14, 2023 1:11 PM ��.az3L_
To: Noncarrow, Denis; Rudder, Lynda; Born, Sabrina; ML dd, Jennifer
Subject: FW: [SPAM] - Fwd: BESS MAR 1 20
23
From: Raphael Badagliacca <raphael@thewritingfactory.net>
Sent:Tuesday, March 14, 2023 9:35 AM
To: Russell, Scott<Scott.Russell @town.southold.ny.us>; Evans, Louisa <louisae@town.southold.ny.us>; Doherty,Jill
<jill.doherty@town.southold.ny.us>; Nappa,Sarah <sarah.nappa@town.southold.ny.us>; Doroski, Greg
<greg.doroski@town.southold.ny.us>; Mealy, Brian <brian.mealy@town.southold.ny.us>;Tomaszewski, Michelle
<michellet@town.southold.ny.us>; Standish, Lauren <Lauren.Standish@town.southold.ny.us>
Subject: [SPAM] - Fwd: BESS
Dear Members of the Town Board:
This is an uncertain time. I would think the recent train derailments with the devastating effects of toxicity and fire on
the communities suffering their accidents would give pause to anyone in a decision-making role.There seems to be
more cautionary news about batteries and fires every day. It's all so far-reaching and fundamental —fire, earth, air,
water.
Oregon Road expresses the culture and history of-the North Fork for all of us, on whatever road we happen to live,going
all the way back to the intriguing way it got its name. Everything pristine about the area — its open fields, immense
skies, quiet mornings, delicate colors, its celebration of agriculture — is what has brought us to the attention of
others. We can't rush to risk what we have and remain who we are.
I urge you to pass the moratorium.
Raphael Badagliacca
My author page: https://www.amazon.com/–//e/B0053HM2R4 (scroll down to see Print&eBook formats)
Raphael Badagliacca
The Writing Factory, LLC
We write in your voice.
raphael Othewritingfactory.net
www.thewritingfactory.net
201-745-8036
"tanti beddi cosi"
ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders
or unexpected emails.
1
GroupF,ORHMarch 14, 2023s. 'Supervisor Scott Russell & _ ` $~
Members of the Town Board
East End P.O. Box 1179
Southold, NY 11971
Robert S.DeLuca Memorandum In Support
PRESIDENT "A Local Law in relation to a temporary moratorium on the issuance of
approvals and/or permits for Battery Energy Storage Systems (BESS)"
BOARD OF DIRECTORS
Katherine Leahy Birch Dear Supervisor Russell & Members of the Town Board,
CHAIR
On behalf of Group for the East End, I write to lend our strongest support to the
William Ryall adoption of a temporary moratorium on the issuance of approvals and/or permits
VICE CHAIR for proposed Battery Energy Storage System (BESS) facilities.
Susan Abdalla While BESS facilities have been heavily touted as necessary technology to aid in
Kimberly Allan both regional and statewide renewable energy goals and may provide stability to
Lou Bevilacqua the Town's energy infrastructure, we strongly support the Town Board developing
W.Marco Birch a comprehensive, well-planned code that would identify the most appropriate
Kristen Briner siting procedures, locations, and safety standards for these types of facilities.
Andrew Goldstein
Stuart Goode As it stands, an applicant can propose a BESS virtually anywhere throughout the
town. The recent calls from both PSEG and New York State Energy Research &
Nestor Gounaris Development Authority(NYSERDA) request for proposals and incentive programs
John F.Shea have created an "applicant-driven" climate wherein multiple privately owned
Kimberly Smith Spacek companies compete to receive approvals on a first-come-first-serve basis.
Marisa van Bokhorst Absent a Town-driven plan for appropriate zoning regulations, BESS facilities will
Mary Walker likely be approved in less-than-desirable locations potentially causing impacts to
Donna Winston public safety, the environment, and community character.
Group for the East End fully supports the adoption of a moratorium, in this case,
P.O.Box 1792 and it is justified by a valid public purpose and made legal pursuant to Municipal
Southold,NY 11971 Home Rule Law. The moratorium will provide the Town with an appropriate time
P.O.Box 569 frame to develop and adopt an energy code.
Bridgehampton,NY 11932
We thank you in advance for pro-actively pursuing sound planning and zoning
631.765.6450 strategies to protect public health, the environment, and the Town's community
GroupfortheEastEnd.org character. We urge the Town Board to adopt a temporary moratorium and move
swiftly to develop a code for the siting of BESS facilities.
Thank you for reviewing our comments. Please contact me should you have any
comments or concerns. I can be reached at bdeluca@eastendenvironment.org.
Sincerely,
Robert S. DeLuca
President
ro ec if�) 'he naiure of the lose you love
3340 Oaklawn Avenue
Southold,New York 11971
March 10, 2023
Supervisor Scott Russell
Members of the Town Board
Town of Southold
53095 Main Road
PO Box 11079
Southold,New York 11971
Dear Supervisor Russell and Honorable Board Members:
I am writing in support of the proposed 12-month moratorium for applications for lithium-ion battery
energy storage systems (BESS)facilities. I encourage you to proactively and seriously consider the many
potential concerns these facilities pose to our community and to carefully legislate rules for their
placement and construction within our Town.
The Town of Southold depends upon the sole source aquifer for drinking water. The risks of potential
impacts to our aquifer from leaking batteries or a fire at a BESS facility must be thoughtfully considered
as part of facility siting and rules for containment.
Within the Town we rely upon a Volunteer Fire Department that is increasingly stressed from
development in recent decades and more so in recent years. Legislation can address construction
standards, set backs and safety features and redundancies which can in turn protect our community and
first responders.
While it may be necessary to site several of these BESS facilities in our Town to reduce green house gas
emissions in New York State,the Town should make an effort to understand the timeline for their use.
Technologies change rapidly. Lithium ion battery technology is constantly changing and could become
less prone to overheating and fire in the near future. Provision for replacement and upgrading the BESS
facilities with newer technologies needs to be factored into the Town's legislation.
All of these considerations far exceed the scope of the current Town of Southold Zoning and Building
Codes and need to be examined before any BESS facilities can be successfully sited, built, or operated in
our Town.
Thank you for the opportunity to share my concerns. Please enter these remarks into the public hearing
record.
Very truly,
Caroline Yates
BOARD MEMBERS Southold Town Hall
Leslie Kanes Weisman,Chairperson 53095 Main Road -P.O.Box 1179
NSouthold,NY 11971-0959
N %P 80
L4*
Patricia Acampora Office Location:
a
Eric Dantes
LT�z TownAnnex./First Floor,
"n
Robert Lehnert,Jr.
54375 Main Road(at Youngs Avenue)
k�
Nicholas Planamento Southold,NY 11971
http://southoldtownny.gov
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631)765-1809 -Fax(631)765-9064
TO: Supervisor Russell and Councilmembers Dorosky, Doherty, Evans, Nappa
and Mealy
FROM: The Zoning Board of Appeals
RE: Support of the Proposed Moratorium on BESS Facilities
DATE: March 9, 2023
We are writing to ask you to vote in favor of the proposed moratorium on lithium-ion battery energy storage
system(BESS)facilities. We know that voting to impose a moratorium is never an easy decision and it's one
that should not be undertaken lightly. But in this case,we unanimously believe it is the right thing to do.
You will recall that in 2021 the ZBA, for the first time,heard a special exception permit application for a
BESS facility. We did so with the understanding that the Planning Board,the LWRP Coordinator and New
York State supported BESS facilities as a green energy technology that would eventually eliminate polluting
Peaker plants. We believed the ZBA,the town and the public needed to learn more about this forthcoming
green technology. Now we have. Since then both the Board and our fellow Southold residents have learned a
great deal more about BESS facilities,especially the lithium-ion batteries used in these systems.
We now understand that the out-of-control fires caused by lithium-ion batteries, occurring at alarm rates all
over the country, including our own town,present serious dangers to our first responders, can cause damage to
adjacent properties, and can create both air and ground water pollution that degrades human and
environmental health. We now realize that BESS facilities are built and operated by private companies that do
not generate energy but rather store energy they purchase cheaply at off peak hours and re-sell to the electrical
utility company at a higher price to meet peak energy demands. We have learned that they are only as green as
the energy source they are connected to; and that the communities in which they are located do not necessarily
benefit directly from the additional available energy since it simply goes back into the electric grid and is
distributed by and where the utility company decides to send it.
Our town's zoning code was written long before this relatively new technology existed. Consequently,there is
no guidance in the bulks schedule specifically for BESS facilities. Should they be treated the same as other
uses permitted by special exception in an Ll Zone such as boat and marine repairs, conference facilities,bus
terminals and food processing plants? Should they have the same setbacks and protective buffers, lot coverage
and height restrictions? Should they be permitted in other zones? Should they be permitted at all?
The proposed moratorium will provide the time needed to answer these and other compelling questions, and
could not be timelier.To facilitate the implementation of the Town's Comprehensive Plan you recently hired
an experienced zoning consultant to examine and update our outdated zoning code,including uses that should
be permitted in various zone districts. Without this town wide planning,:the Board of Appeals will be required
to hear BESS applications-several more already pending—on a piecemeal basis,without appropriate
guidance on how to clearly define what these facilities are, and where and under what conditions they should
be allowed.
We need new,code for these BESS facilities, and the ZBA believes that the Town Board,as our elected
legislators, should now proactively exercise its authority and responsibility to legislate with the best interests
of the Town,,and.the welfare of its residents in mind.
The ZBA implores you to give the Zoning and.Planning Boards the legal tools we need to make informed and
environmentally responsible decision about BESS facilities that balance the reasonable rights of property
owners with the health, safety and welfare of our community.
Please give yourselves the time to do the homework,.talk to the experts, analyze the risks and how to mitigate.
them, and to look at the big picture. The ZBA urges all of you to vote in favor of the proposed moratorium.
Thank you for your consideration
Patricia Acampora Nicholas Planamento
Eric Dantes eslie Kang Wei an
AUertoehnert
1
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex �F SOU P.O. Box 1179
54375 State Route 25 O�� ryOl Southold,NY 11971
(cor.Main Rd. &Youngs Ave.) O
Southold, NY Telephone: 631 765-1938
www.southoldtow-nny.gov
�y00UNTV,�c�
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
RECEIVED
MEMORANDUM
MAR 1 4 -2023
To: Scott Russell, Town Supervisor -
Members of the Town Board Southold Town Clerk
Denis Noncarrow, Town Clerk
From: Donald J. Wilcenski, Chairman ()
Members of the Planning Board
Date: March 14, 2023
Re: ."A Local Law in relation to a temporary moratorium on the issuance of approvals and/or
permits for Battery Energy Storage System (BESS) facilities"
The Planning Board has the following comment on"A Local Law in relation to a temporary
moratorium on the issuance of approvals and/or permits for Battery Energy Storage System
(BESS)-facilities."
Consistency with the Southold Town Comprehensive Plan
The Southold Comprehensive Plan adopted in 2020 does not contemplate the science and
function of Battery Energy Storage System(BESS) facilities; rather, it focuses on the
siting and science of renewable energy. A Battery Energy Storage System is not
renewable energy, rather, it is a storage facility that manages and profits from off-peak
and peak energy use management.
The Southold Town Comprehensive Plan and town zoning should be updated to include
the siting and the management of BESS facilities. A moratorium would allow the
decision makers to better understand the science of BESS facilities and identify areas
where they fit into the Town's land use and zoning districts, energy dependency, and if
they provide a measurable public benefit.
Cc: Paul DeChance, Town Attorney
.......................
1 Page
®�Og�FFO(,�►`�
DENIS NONCARROW �� G� Town Hall,53095 Main Road
TOWN CLERK p P.O.Box 1179
cO Z Southold,New York 11971
REGISTRAR,OF VITAL STATISTICS Q �C Fax(631)765-6145
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER ,� � Telephone 765-1800
FREEDOM OF INFORMATION OFFICER www.southoldtldtownnygov
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 1, 2023
Re: Resolution Number 2023-164—A Local
Law in relation to a temporary moratorium
on the issuance of approvals and/or permits
for Battery Energy Storage System (BESS)
facilities.
Mark Terry, LWRP Coordinator
Southold Town Planning Department
54375 State Route 25
Post Office Box 1179
Southold,New York 11971
Dear Mr. Terry,
The Southold Town Board at their regular meeting held on January 31, 2023 adopted the
resolutions referenced above. Certified copies are enclosed.
Please prepare an official report defining the Planning Department's recommendations with
regard to these proposed Local Laws and forward it to me at a suitable time in order to allow
sufficient time for the Town Board to review it before the public hearing. This proposed local
law will also be transmitted to the Southold Town Planning Department and to the Suffolk
County Planning Department for their review. The date and time for these public hearing is 7:00
P.M., Tuesday, March 14, 2023 respectfully. Please do not hesitate to contact me, if you have
any questions. Thank you.
V ry truly yours
Ly*a M Rudder
Southold Deputy Town Clerk
Enclosure
cc: Town Board
Town Attorney
. gtaFFc®
DENIS NONCARROW h� G.f, Town Hall,53095 Main Road
TOWN CLERK p P.O.Box 1179
r-
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Q Fax(631)765-6145
MARRIAGE OFFICERy
RECORDS MANAGEMENT OFFICER ®,� ,gam .p`a0 Telephone(631)765-1800
FREEDOM OF INFORMATION OFFICER T www.southoldtownny.gov
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 1, 2023
Re: Resolution Number 2023-164—A Local
Law in relation to a temporary moratorium
on the issuance of approvals and/or permits
for Battery Energy Storage System(BESS)
facilities.
Donald Wilcenski, Chairman
Southold Town Planning Board
54375 State Route 25
P O Box 1179
Squthold,New York 11971
Dear Mr. Wilcenski,
The Southold Town Board at their regular meeting held on January 31, 2023 adopted the
resolutions referenced above. Certified copies are enclosed.
Please prepare an official report defining the Planning Department's recommendations with
regard to these proposed Local Laws and forward it to me at a suitable time in order to allow
sufficient time for the Town Board to review it before the public hearing. The date and time for
these public hearing is 7:00 P.M., Tuesday, March 14, 2023. Please do not hesitate to contact
me, if you have any questions. Thank you.
Very truly yours,
lY\
Lyn M Rudder
Southold Deputy Town Clerk
EI 011 988 846 US
- Appendix A- County Referral Form
Appendix A–Suffolk County Planning Commission Guidebook
Suffolk CountyPlanning I 1 1
/ 1 1 1 1 a '1 ' 1 d / ' a -
Municipality: Town of Southold
Hamlet: Local Case Number: 2023-
District: Section: Block: Lot: Local Meeting Date: 3/14/23
Application/Action Name: Moratorium B SS Public Hearing: [X Yes ❑ No
Referrind Aaoricy;
Typo of Referral: -.SEdRA Actfoni
❑Planning Board or Commission XNew ❑EAF ❑Draft EIS ❑Positive Declaration
❑Zoning Board of Appeals ❑Expansion ❑Lead Agency ❑Final EIS ❑Negative Declaration
IXTown Board/Village Board of ❑Modification ❑Draft Scope ❑Findings
Trustees
Brief description of application or proposed action: Temnorary Mnrstorinm on the iccnanCe of annrovalc anal/
Type of Action Please check appropriate box below if action is located within the Suffolk County Pine Barrens Zone,within one
mile of a nuclear power plant or airport or within 500 feet of.•
• A municipal boundary;
• The boundary of any existing or proposed county,state,or federal park or other recreation area;
• The right-of-way of any existing or proposed county or state road;
• An existing or proposed county drainage channel line;
The Atlantic Ocean,Long Island Sound,any bay in Suffolk County or estuary of any of the foregoing bodies of water,
• The boundary of county,state,or federally owned land held or to be held for governmental use;
• The boundary of a farm located in an agricultural district.
❑Comprehensive Plan(Adoption or Amendment) ❑Subdivision
❑Zoning Ordinance or Map(Adoption or Amendment) ❑ Use Variance
❑Code Amendment ❑Area Variance
❑Official Map ❑Special Use Permit/Exception/Conditional Use
IN Moratorium [I Site Plan
Note:The above represents a summary of the required actions subject to referral to the Suffolk County Planning Commission. The provisions of
GML and Laws of Suffolk County must be used to verify which actions are subject to referral and the related procedural requirements.
Additional Application Information
• Action Previously Referred to Suffolk County Planning Commission ❑Yes I$No (If yes,Date )
Adjacent Municipality Notified(see NYS GML 239 nn) ❑Yes EXNo ❑NIA
Located Within Long Island Pine Barrens Zone ❑Yes [K No
Workforce/Affordable Housing ❑Yes N No ❑N/A
• Energy Efficiency ❑Yes a No ❑N/A
• Zoning Board of Appeals Approval ❑Yes IXNo ❑N/A
• Suffolk County Department of Health Approval/Comments ❑Yes W No ❑N/A
• New York State Dept.of Environmental Conservation Approval/Comments ❑Yes ❑No ❑N/A
• New York State/Suffolk County Dept.of Public Works Approval/Comments ❑Yes IM No ❑NIA
• Suffolk County Sanitary Code Article 6,Groundwater Management Zone- ❑I ❑It- ❑III ❑IV ❑V ❑VI ❑VII ❑VIII
Contact Information
Municipality Contact Name: _$ Or
DepartmenUAgency: Town Of Southold
/765-�Rnn Email Address: denisriia�SOUtholdtownnv.gw
Phone Number: 631
Applicant Contact Name: Denis Noncarrow,Town Clerk
Applicant Address: — PO Box 1179. "Southn](1- NY 119711
Int
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* Sent Items
<`oent Items Compose
! � CIC ICU` lCl l IJ�
Reply , i Mark
Re: Letter of local determination on Adopted Reso 2023-221
denisn@southoldtownny.gov
3
03/02/2023 at 09:41 AM
To: DeSalvo, Christine <christine.desalvo@suffolkcountyny.gov> Details
Display Images A For your security, images are not being displayed. Consider this before displaying them.
HI Christine
I hope your week is going well.
so just checking in on three items the Suffolk Planning Commission is to look at for us.
Change of Zone 5.0-acre parcel , agricultural to Affordable.
Chapter 280, Zoning in connection with affordable housing
Temporary Moratorium on the issuance of Battery Storage System facilities.
all are on for Public hearing. March 14th. 7:00pm.
thank you so for all your help Christine.
_
From: "DeSalvo, Christine"<Christine.DeSalvo@suffolkcountyny.gov>
Date: 02/17/2023 at 11:03 am
To: "den isn@southoldtownny.gov" <denisn@southoldtownny.gov>
Subject: Re: Letter of local determination on Adopted Reso 2023-221
You're welcome!
Christine DeSalvo
Administrative Assistant
Suffolk County Economic Development & Planning
Division of Planning & Environment
i
712cdf15-016b-4fle-8b2d-c4b7a47942be Sabrina.born@town.southoI d.ny.us
AFFIDAVIT OF PUBLICATION
The Suffolk Times
State of New York,
County of,Suffolk,
The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in
Suffolk County,New York. I certify that the public notice,a printed copy of which is attached hereto,
was printed and published in this newspaper on the following dates:
February 23,2023
This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in
this county,and as such,is eligible to publish such notices.
l
Signature
Eliot T. Putnam
Printed Name
Subscribed and sworn to before me,
This 01 day of March 2023
Notary Signalure
MARY BETH ALESCIO WALLING
NOTARY PUBLIC,STATE OF NEW YORK
Registration No.01 AL5056219
Qualified in Saratoga County
My Commission Expires March 04,2026 T
i
i
SOUTHOLD TOWN CLERK 1 I
712cdf15-016b-4fle-8b2d-c4b7a47942be sabrina.born@town,southoId.ny,us
AFFIDAVIT OF PUBLICATION
The Suffolk Times
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN,that
there has been presented to the
Town Board of the Town of
Southold,Suffolk County, New
York, on the 31st day of January
2023, a Local Law entitled, "A
Local Law in relation to a
temporary moratorium on the
issuance of approvals and/or
permits for Battery Energy
Storage System (BESS)facilities"
now,therefore, be it
NOTICE IS HEREBY FURTHER
GIVEN,that the Town Board of the
Town of Southold will hold a public
hearing on the aforesaid Local Law
at the Southold Town Hall,53095
Main Road,Southold, New York,on
the 14th day of March,2023 at
7:00 p.m, at which time all
interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled,
"A Local Law in relation to a
temporary moratorium on the
issuance of approvals and/or
permits for Battery Energy
Storage System (BESS)facilities"
reads as follows:
LOCAL LAW NO. 2023
BE IT ENACTED by the Town
Board of the Town of Southold,as
follows:
I. Purpose-The Town recognizes ;
that Battery Energy Storage System
(BESS)facilities are a key
component to the viability and
promotion of renewable energy
sources, however,the technology
of these systems is still in its
infancy.This moratorium is
necessary to permit the Town to
undertake a thorough examination
2
SOUTHOLD TOWN CLERK
i
I
l�✓
712cdf15-016b-4f1e-8b2d-c4b7a47942be sabrina.born @town.southo Id.ny.us
AFFIDAVIT OF PUBLICATION
The Suffolk Times j
of these systems to identify any I
possible threats to public health,
safety and welfare as well as I
evaluate the potential for
environmental degradation.These
issues are of great public concern
and it is important that the potential
for any risks is thoughtfully
reviewed with in-depth analysis and
that mitigation measures are
identified to ensure the continued
protection of our community and of
our environment.Such findings will
assist in the crafting of code that
will determine criteria for future
siting, site design, safety
requirements and all other elements
that may be necessary for
approval.
The entire proposed Local Law is
available on the website:
www.southoldtownny.gov or by
contacting the Town Clerk's Office.
BY NOTICE OF THE TOWN BOARD
Dated:January 31, 2023
DENIS NONCARROW
SOUTHOLD TOWN CLERK
i
i
1
3
SOUTHOLD TOWN'CLERK
1 Times Review Media Group Invoice#: 712cdf15
The Suffolk Times Date: 02/02/2023
Bill To Customer Email
SOUTHOLD TOWN CLERIC sabrina.born@town.southold.ny.us
Affidavits will be mailed or emailed (as ordered) 7 days AFTER THE
LAST INSERTION DATE.
Description - P.ublish,Date Amount
..____.._._-__....___
PUBLIC 02/23/2023 $53.81
Affidavit(eMail) 1 $25.00
Affidavit(Mail) 0 $0.00
Total: $78.81
Please remit checks payable to: Balance:
Times Review Media Group $78.81
PO Box 1500
Mattituck, NY 11952
The invoice number MUST be included on your check to ensure that your payment is
applied correctly.
LEGAL NOTICE
- NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN,that
there has been presented to the
Town Board of the Town of
Southold,Suffol,�County, New
York, on the 31s day of January
2023, a Local Law entitled,"A
Local Law in relation to a
temporary moratorium on the
issuance of approvals and/or
permits for Battery Energy
Storage System (BESS)facilities"
now,therefore, be it
NOTICE IS HEREBY FURTHER
GIVEN,that the Town Board of the
Town of Southold will hold a public
hearing on the aforesaid Local Law
at the Southold Town Hall,53095
Main ggad,Southold, New York, on
the 14 day of March,2023 at
7:00 p.m.at which time all
interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled,
"A Local Law in relation to a
temporary moratorium on the
issuance of approvals and/or
permits for Battery Energy
Storage System (BESS)facilities"
reads as follows:
LOCAL LAW NO. 2023
BE IT ENACTED by the Town
Board of the Town of Southold,as
follows:
I.Purpose-The Town recognizes
that Battery Energy Storage System
(BESS)facilities are a key
component to the viability and
promotion of renewable energy
sources, however,the technology
of these systems is still in its
infancy.This moratorium is
necessary to permit the Town to
undertake a thorough examination
of these systems to identify any
possible threats to public health,
safety and welfare as well as
evaluate the potential for
environmental degradation.These
issues are of great public concern
and it is important that the potential
for any risks is thoughtfully
reviewed with in-depth analysis and
that mitigation measures are
identified to ensure the continued
protection of our community and of
our environment. Such findings will
assist in the crafting of code that
will determine criteria for future
siting,site design, safety
requirements and all other elements
that may be necessary for
approval.
The entire proposed Local Law is
available on the website:
www.southoldtownny.gov or by
contacting the Town Clerk's Office.
BY NOTICE OF THE TOWN BOARD
Dated:January 31,2023
DENIS NONCARROW
SOUTHOLD TOWN CLERK
Y �
i
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN,that there has been presented to the Town Board of the Town
of Southold, Suffolk County,New York, on the 311t day of January 2023,-a Local Law entitled,
"A Local Law in relation to a temporary moratorium on the issuance of approvals and/or
permits for Battery Energy Storage System (BESS) facilities" now, therefore, be it
NOTICE IS HEREBY FURTHER GIVEN,that the Town Board of the Town of Southold will
hold a public hearing on the aforesaid Local Law at the Southold Town Hall, 53095 Main Road,
Southold,New York, on the 141h day of March,2023 at 7:00 p.m. at which time all interested
persons will be given an opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to a temporary moratorium on
the issuance of approvals and/or permits for Battery Energy Storage System (BESS)
facilities" reads as follows:
LOCAL LAW NO. 2023
A Local Law entitled, "A Local Law in relation to a temporary moratorium on the issuance
of approvals and/or permits for Battery Energy Storage System (BESS) facilities.
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. Purpose
The Town recognizes that Battery Energy Storage System (BESS) facilities are a key
component to the viability and promotion of renewable energy sources, however, the
technology.of these systems is still in its infancy. This moratorium is necessary to permit
the Town to undertake a thorough examination of these systems to identify any possible
threats to public health, safety and welfare as well as evaluate the potential for
environmental degradation. These issues are of great public concern and it is important
that the potential for any risks is thoughtfully reviewed with in-depth analysis and that
mitigation measures are identified to ensure the continued protection of our community
and of our environment. Such findings will assist in the crafting of code that will
determine criteria for future siting, site design, safety requirements and all other elements
that may be necessary for approval.
II. Enactment of a Temporary Moratorium
Until twelve (12) months from the effective date of this Local Law, after which this
Local Law shall lapse and be without further force and effect and subject to any other
Local Law adopted by the Town Board during the twelve (12) month period, no
agency, board, board officer or employee of the Town of Southold including but not
limited to, the Town Board, the Zoning Board of Appeals, the Trustees,the Planning
Board , or the Building Inspector(s) issuing any building permit pursuant to any
provision of the Southold Town Code, sha11 issue, cause to be issued or allow to be
1
issued any approval, special exception, variance, site plan, building permit, subdivision,
or permit for any use identified as a Battery Energy Storage System (BESS) facility.
III. Exclusions
This Local Law shall not apply:
1) to any person or entity who/which has, prior to the effective date of this Local
Law, obtained all permits required for such a facility and, relying upon such
permission, has undertaken significant development of such facility.
2) To any application by a municipal corporation or special district or fire district.
IV. Authority To Supersede
To the extent and degree any provisions of this Local Law are construed as inconsistent
with the provisions of Town Law, this Local Law is intended pursuant to Municipal
Home Rule Law to supersede any said inconsistent authority.
V. Variance To This Moratorium
Any person or entity suffering unnecessary hardship as that term is used and construed in
Town Law section 267-b(2)(b), by reason of the enactment and continuance of this
moratorium, may apply to the Town Board for a variance excepting the proposed use
from the temporary moratorium and allowing issuance of a permit all in accordance with
the provisions of this Southold Town Code.
VI. Severability
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid,the judgment shall not impair or
invalidate the remainder of this Local Law.
VII. Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State.
BY NOTICE OF THE TOWN BOARD
Dated: January 31, 2023
DENIS NONCARROW
SOUTHOLD TOWN CLERK
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK)
Denis Noncarrow, Town Clerk of the Town of Southold,New York being duly
sworn, says that on the 2"1 day of February, 2023, a notice of which the annexed
printed notice is a true copy was affixed, in a proper and substantial manner, in a most
public place in the Town of Southold, Suffolk County,New York, to wit: Town
Clerk's Bulletin Board, 53095 Main Road, Southold,New York and the Southold
Town Website: www.southoldtownny. ov
Moratorium-Battery Energy Storage Systems
Denis Noncarrow
Southold Town Clerk
Sworn to before me on the
"a day of Februai 2023
Notary Public
SABRINA M BORN
Notary Public,State of New York
NO.011306317038,Suffolk Co
Commission Expires Dec.22,20unt
t -
i
Southold Town Board- Letter Board Meeting of January 31, 2023
RESOLUTION 2023-164 Item# 5.33
ADOPTED DOC ID: 18873
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-164 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JANUARY 31, 2023:
WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 31"day of January 2023, a Local Law entitled, "A Local Law in
relation to a temporary moratorium on the issuance of approvals and/or permits for
Battery Energy Storage System (BESS) facilities" now, therefore, be it
RESOLVED that the Town Board of the Town of Southold will hold a public hearing on the
aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold,New York, on the
14th day of March;2023 at 7:00 p.m. at which time all interested persons will be given an
opportunity to be heard.
The proposed Local Law entitled, "A Local Law in relation to a temporary moratorium on
the issuance of approvals and/or permits for Battery Energy Storage System (BESS)
facilities" reads as follows:
LOCAL LAW NO. 2023
A Local Law entitled, "A Local Law in relation to a temporary moratorium on the issuance
of approvals and/or permits for Battery Energy Storage System (BESS) facilities.
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. Purpose
The Town recognizes that Battery Energy Storage System (BESS) facilities are a key
component to the viability and promotion of renewable energy sources, however,the
technology of these systems is still in its infancy. This moratorium is necessary to permit
the Town to undertake a thorough examination of these systems to identify any possible
threats to public health, safety and welfare as well as evaluate the potential for
environmental degradation. These issues are of great public concern and it is important
that the potential for any risks is thoughtfully reviewed with in-depth analysis and that
mitigation measures are identified to ensure the continued protection of our community
and of our environment. Such findings will assist in the crafting of code that will
determine criteria for future siting, site design, safety requirements and all other elements
that may be necessary for approval.
II. Enactment of a Temporary Moratorium
Generated February 1, 2023 Page 50
Southold Town Board - Letter Board Meeting of January 31, 2023
Until twelve (12) months from the effective date of this Local Law, after which this
Local Law shall lapse and be without further force and effect and subject to any other
Local Law adopted by the Town Board during the twelve (12) month period, no
agency, board, board officer or employee of the Town of Southold including but not
limited to, the Town Board, the Zoning Board of Appeals, the Trustees, the Planning
Board , or the Building Inspector(s) issuing any building permit pursuant to any
provision of the Southold Town Code, shall issue, cause to be issued or allow to be
issued any approval, special exception, variance, site plan, building permit, subdivision,
or permit for any use identified as a Battery Energy Storage System (BESS) facility.
III. Exclusions
This Local Law shall not apply:
1) to any person or entity who/which has, prior to the effective date of this Local
Law, obtained all permits required for such a facility and, relying upon such
permission, has undertaken significant development of such facility.
2) To any application by a municipal corporation or special district or fire district.
IV. Authority To Supersede
To the extent and degree any provisions of this Local Law are construed as inconsistent
with the provisions of Town Law,this Local Law is intended pursuant to Municipal
Home Rule Law to supersede any said inconsistent authority.
V. Variance To This Moratorium
Any person or entity suffering unnecessary hardship as that term is used and construed in
Town Law section 267-b(2)(b), by reason of the enactment and continuance of this
moratorium, may apply to the Town Board for a variance excepting the proposed use
from the temporary moratorium and allowing issuance of a permit all in accordance with
the provisions of this Southold Town Code.
VI. Severability
If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by
any court of competent jurisdiction to be invalid, the judgment shall not impair or
invalidate the remainder of this Local Law.
VII. Effective Date
This Local Law shall take effect immediately upon filing with the Secretary of State.
�L ��t__j I
Denis Noncarrow
Southold Town Clerk
Generated February 1, 2023 Page 51
r
Southold Town Board-Letter Board Meeting of January 31, 2023
r
RESULT: ADOPTED [UNANIMOUS],
MOVER: Jill Doherty, Councilwoman
SECONDER:Louisa P. Evans, Justice
AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell
Generated February 1, 2023 Page 52
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or on the front if space permits.
1. Article Addressed to: D. Is deli ve dd ass different fn3mytem IyO Yes
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Ll State Park Commission
Belmont Lake State Park
PO Box 247
Babylon, NY 11702
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OFFICE OF THE TOWN CLERI{
TOWN OF SOUTHOLD
DI:NIS NONCARRUW,TOWN CLERK
PO BOX 1179
SOUTHOLD,NY 11971
C 1/' • �•Ii/PTJ � R��Y�•3�l•IJL•TrS�APl�X
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■ Print your name and address on the reverse X ❑Agent
so that we can"feturn the card to you. ❑Addressee
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or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes
If YES,enter delivery address below: ❑No
S. C. Depart of Economic
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OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
DENIS NONCARROW,TOWN CLERK
PO BOX 1179
SOUTHOLD,NY 11971
1iu11{'�'1111{1111lilt 111i1n1"111h1111iin11111111111111 II.{,1