HomeMy WebLinkAboutResolution #2023-164 OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex `^ P.O. Box 1179
54375 State Route 25
4, � Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) .
Southold, NY � Telephone: 631 765-1938
www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Albert J. Krupski, Jr., Town Supervisor
Members of the Town Board
Denis Noncarrow, Town Clerk
From: James H. Rich III, Chairman 3 k
Members of the Planning hoard
Date: March 13, 2024
Re: "A Local Law in relation to a twelve (12)month Extension of a temporary moratorium
on the issuance of approvals and/or permits for Battery Energy Storage System(BESS)
facilities."
The Planning Board supports twelve (12) month Extension of a temporary moratorium on the
issuance of approvals and/or permits for Battery Energy Storage System(BESS) facilities, and
has the following comments.
Consistency with the Southold Town Comprehensive Plan
The Southold Town 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 must be updated to include the goals for BESS
facilities. That process requires more time because it involves community outreach.
Town Zoning Update Project
The Town is also in the middle of a significant update to our zoning, which is expected to take
another year to complete. The Town's BESS Task Force has made good progress on drafting
ideas for new zoning code; however,they need more time to finish the work. Some delay of this
Southold Town Planning Board Page 2 March 13,2024
work has occurred as a result of having to wait for new guidance from the State after fires
occurred at several facilities.
An extension of the moratorium would allow the decision makers the necessary time 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
DENIS NONCARROW 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 , Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER ,,
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 RE EIVED
Southold Town Planning Board
54375 State Route 25 MA, 1123
P O Box 1179
Southold, New York 11971 Planning
lb
�� d
Planrn�rug Sward
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, e
l.Ryn M Rudder
Southold Deputy Town Clerk
Southold Town Board - Lett.,. Board , sting 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 311t day of January 2023, a Local Law entitled, "A Focal Law in
relation to a tem ora , moratorium on the issuance of a rovals and/or permits for
'Batten, Encray Storne System :BESTS 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
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 I.,ocal Law in relation to a temporary moratorium on
the issuance of approvals and/or permits for Battery EnerLyv Store*c S stem (BE SS)
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 Ener 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 - LeL._.' Board !eting of January 31, 2023
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
DENIS NONCAR.R.OW T(m Hall,WWqpfiVWdd ..,
TOWN CLERK
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER "� Telephone
FREEDOM OF INFORMATION OFFICER wwwsoutholdtownny.gov 765-18o
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
Southold,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,
& w
�""j
l ytrc' M Rudder
Southold Deputy Town Clerk
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 31,1' day of January 2023, a Local Law entitled, "A Local Law in
relation to a temporary moratorium orr the issuance of approvals and/or permits for
Batte�a Eneta Storage S stem 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
1411 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 tern ora moratorium on
the issuance of approvals and/or permitsfor Batt:e Energli Storage System BESS
facilities" reads as follows:
LOCAL LAW NO. 2023
A Local Law entitled, "A Local Law in relation to a tern orar• morato�n tfre issuance
of approvals and/or permits for flatter Ir"n 'SS 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.
Denis Noncarrow
Southold Town Clerk
Generated February 1,2023 Page 51
Southold Town Board-Letter Board Meeting of January 31, 2023
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