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HomeMy WebLinkAboutLL #06 2024 STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA KATHY HOCHUL 99 WASHINGTON AVENUE GOVERNOR ALBANY,NY 12231-0001 ROBERT 1. RODRIGUEZ HTTPS://DOS.NY.GOV •SECRETARY OF STATE. 1 April 10, 2024 ` RECEIVED Town of Southold Town Hall APR 15 2024 53095 Main Road PO Box 1179 Southold, New York 11971 Southold TOWtt Clerk RE: Town of Southold, Local Law 6 2024, filed on 4/3/2024 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.nygov. Sincerely, State Records and Law Bureau (518) 473-2492 IOppNEDepartment E OF ORTUNITY. of State Rudder, Lynda From: Born, Sabrina Sent: Friday,April 12, 2024 11:12 AM To: LL Referral Notice-Suff Co Ping (Plannin.ugpi9cmyw7vgOoku@u.box.com) Cc: DeChance, Paul; McCullough, Lillian; Rudder, Lynda Subject: BESS Moratorium Extension Attachments: scpc bess_20240412110018.pdf Your message is ready to be sent with the following file or link attachments: scpc bess_20240412110018.pdf Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. Appendix A- County Referral Form Appendix A—Suffolk County Planning Commission Guidebook Suffolk County Planning Commission Submission Cover I For'Planning,andZogibg Municipality: Town_ of Southold-. Hamlet Local Case Number: 2024-324 District: Section:•. Block::,. Lot:. Local Meeting Date: 4/9/24, Application/Action Name: Moratorium BESS 12 month_E.xt- Public Hearing: 13 Yes ❑ No eterrin P iiisna : Tvpo:6f kefertal: SEQRA Action: ElPlanning Board or Commission ffNew ❑EAF El Draft EIS ❑Positive Declaration ❑Zoning Board of Appeals ❑Expansion ❑Lead Agency ❑Final EIS ❑Negative Declaration ❑Town Board/Village Board of ❑Modification ❑Draft Scope ❑Findings Trustees Brief description of application or proposed action: Extend Temporary Moratorium apployals and/or permits for Battery Energy Storage System BESS) facilities for 12 months 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 [9 Moratorium ❑Site Plan Note:The above represents a summary of the required actions subject to referral to the Suffolk County Planning Commission. The proAslons 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 KYes ❑No (If yes,Date 3/11/24) Adjacent Municipality Notified(see NYS GML 239 nn) ❑Yes CXNo ❑N/A • Located Within Long Island Pine Barrens Zone ❑Yes I&No • Workforce/Affordable Housing ❑Yes E No ❑N/A Energy Efficiency ❑Yes f&No ❑N/A • Zoning Board of Appeals Approval ❑Yes lXNo ❑N/A • Suffolk County Department of Health Approval/Comments ❑Yes Q 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 1A No ❑N/A • Suffolk County Sanitary Code Article 6,Groundwater Management Zone- ❑1 ❑II 13111 ❑IV ❑V ❑VI ❑VII ❑VIII Contact I6f6iimation Municipality Contact Name: Alhert J- Krupcki Tr - - Department/Agency: Supervisor Town of Southold Phone Number:.,- -631/765-1 Rflfl Email Address: denisn6Dsoutlloldl wnny.gov Applicant Contact Name:: Denis Non arrow.Town Clerk PC) - Applicant Address: o�yyFF°(� RESOLUTION 2024-324 ADOPTED DOC ID: 20136 THIS IS TO CERTIFY-THAT THE FOLLOWING RESOLUTION NO. 2024-324 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 9,2024: WHEREAS, on February 27, 2024, the Town Board of the Town of Southold adopted Resolution 2024-192, which set a public hearing to consider a Local Law establishing a twelve (12) month Extension of the Temporary Moratorium on the issuance of approvals and/or permits for Battery Energy Storage System (BESS) facilities, setting forth the reasons therefore in the body of the resolution; and WHEREAS, as part of that proceeding the Town Board of the Town of Southold referred the local law to the Suffolk County Planning Commission, and WHEREAS, the Planning Commission issued its report regarding the proposed Local Law after a public hearing, and recommended an approval of the proposed local law with a condition that it shall be limited to an initial six(6) month period only, with the requirement that "[t]he Town shall return to the Suffolk County Planning Commission at the end of the six (6) month period (i.e. September 2024) to report on their progress with updates to their code for BESS facilities, and to discuss if an additional six (6) month period extension of the moratorium for the full twelve (12) months is warranted". WHEREAS, the rationale supporting the Commission's decision was based upon the'decisions made in a majority of its prior actions that required and/or requested the affected municipality to 'return to report on its progress; and WHEREAS, on March 26, 2024,the Town Board of the Town of Southold, following a public hearing and consideration of the entire record, including the aforesaid comments and recommendations of the Suffolk County Planning Commission, adopted Local Law 2024-309 enacting a twelve (12) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for Battery Energy Storage System (BESS) facilities; NOW, THEREFORE, BE IT RESOLVED, in accordance with the requirements set forth in Section A14-22 of the Suffolk County Administrative Code and Section 239-m(6) of the General Municipal Law,the Town Board of the Town of Southold hereby sets forth the reasons the Town Board, by super majority, voted to override the full recommendation of the Commission: 1. The Town Board finds that the condition requiring the Town to return to the Commission in six(6)months will have no practical value due to the documented efforts of the BESS Task force and the established timeline for the conclusion of its findings, report and code recommendations to the Town Board, which will not be available at the time of the requested six (6) month report back in September of 2024. f - � Resolution 2024-324 Board Meeting of April 9, 2024 The BESS task force will also be considering the initial recommendations of Governor Hochul's Inter-Agency Fire Safety Working Group which were only released recently. Per a recent press release for the Governor, these recommendations are to be considered by the New York State Code Council and are expected to be included in the next edition of the Fire Code of New York State. Additionally, it is reported that the Governor's Task Force is still conducting inspections of BESS systems to further evaluate and guide the State. Any conclusive and final findings of the Working Group is far from complete. The Town Board finds that the timing of all state and local findings and recommendations will require extensive time and would not be resolved in the next six months. The Town Board acknowledges and understands the need for clear and concise recommendations and or laws to successfully work toward a safe and effective Bess Code; 2. The Town Board finds that a condition requiring the Town to return to the Commission in six(6) months will have no practical value due to the ongoing comprehensive zoning update project being conducted by the Town's Consultants. This process is intended to lead to the creation and adoption of necessary amendments to the Town's zoning legislation, comprehensive plan and other applicable Town laws that will include BESS facilities. The timeline for this project has been reaffirmed to be completed by March 29, 2025; 3. The twelve (12) month extension of this moratorium is a reasonable and necessary exercise of the Town's authority to preserve the status quo while the Town reviews the issues and thoughtfully crafts code necessary to address them. The Town believes that the twelve (12) month extension of the moratorium, without a requirement to return in six (6)months, is the only method to permit the Town to advance its current planning needs and goals; and 4. This twelve (12)month moratorium extension is specific and would restrict BESS facilities only. It is limited in terms of its reach, and does not affect any other type of energy use. Further,the enacted law includes a mechanism for hardship applications. Accordingly, the length of the moratorium extension is reasonable. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Brian O. Mealy, Councilman SECONDER:Anne H. Smith, Councilwoman AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty, Evans Updated: 4/2/2024 2:15 PM by Lynda Rudder Page 2 o�os�FFo��c DENIS NONCARROW �� �G.y Town Hall,53095 Main Road TOWN CLERK C2 P.O.Box 1179 y = Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Q Fax(631)765-6145 MARRIAGE OFFICER 'f' RECORDS MANAGEMENT OFFICER ��,( .�� Telephone oldt nny.gov FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 27, 2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: 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 Please sign the duplicate of this letter and return to me at your earliest convenience. 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: Signature, Received By Title: Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK DENIS NONCARROW �� .�, Town Hall,53095 Main Road TOWN CLERK cmP.O. Box 1179 W Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 5 Fax(631)765-6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER ®,� ��® Telephone oldt nny.gov FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 27, 2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: 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 Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. RECEIVED �L I APR. - 52024 Denis Noncarrow Town Clerk Attachments Southold Town Clerk cc: CS,uffglk,County,Department ofl'Iamm�g 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: 4-1 '�`� i nature, Received By y'�&Vm Sa`\Qf 0 Title: ,Z A Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK Me Town Hall 53095 Main Road DENIS NONCARROW �.`' ' TOWN CLERK �, .°; P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS .` ' Fax(631)765-6145 MARRIAGE OFFICER 'W R � ; Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �� ' wwwsoutholdtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 27,2424 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Lo"eat Law°in'relatiore to a twelve(I2)month'Extencion of a'T6 b0iary W16r toriuin.on'"the-issuane'e°of aRproyAl and/or permits�f6r'I3attery'Eneray-Storage Svstcm.(BESSI facilities 'Please siun the duplicate of this Letter• return to°riie•at your•earliest convenience: Thank you; Denis Nonearrow 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 ,�S-outhc.r1_dsow`-n PIiii&g Boarder Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building pepartment Date: Signature,Received By 1 lC�ciP� Title: "o�.►�11 k r\ Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK 'Fats' DENIS NONCARROW �� ®G�, Zbwn Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER 'S' �" RECORDS MANAGEMENT OFFICER ' ®� . .��� Telephone oldt w6n .goo FREEDOM OF INFORMATION OFFICER www.southoldtownnygov OFFICE OF THE TOWN CLERK ' TOWN OF SOUTHOLD March 27, 2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: 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 Please sign-the duplicate of this letter and return to me at your earliest convenience. Thank you, RECEIVED MAR 2 7 2024 A Denis Noncarrow Southold Town Clerk 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 fSa-t-hW12tT'ownn'TwA1sscssorsi�> Southold Town Board of Appeals Southold Town Building Department i Date: 74� Signature, Received By Title: r Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK s DENIS NONCARROW ��� �Gy. Town Hall,53095 Main Road TOWN CLERK o P.O.Box 1179 y ze Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS d � .�;� Fax(631)765-6145 MARRIAGE OFFICER !j' �, RECORDS MANAGEMENT OFFICER ®1 .�`�A Telephone oldt nny. o0 / FREEDOM OF INFORMATION OFFICER www.southoldtownnygov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 27,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: 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 Please--sign-the duplicate of this letter.and return to me at your earliest convenience. Thank You, RECEIVED MAR 2 8 2024 Denis Noncarrow Southold Town Clerk 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 TSDu hoWT-mw-Buiiding-De argent Date: Signature,Recei d By Title: Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK _ o�OgUFFO11r�o DENIS NONCARROW o~� G.f� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 y 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Q Fax(631)765-6145 MARRIAGE OFFICER 'y RECORDS MANAGEMENT OFFICER '��j �a0 Telephone oldt nny.gov FREEDOM OF INFORMATION OFFICER www.southoldtownnygov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 27, 2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: 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 Stdrage System (BESS) facilities Please sign the duplicate of this letter and return to me at your earliest convenience. Thank RECEIVED r� APR - 2 2024 Denis Noncarrow Town Clerk Southold Town Clerk Attachments cc: IslariStateParl Gorrm�nit2n Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees Southol own Assessors Southold Town Board of Appeals tho Town Building Department Date: ignat e, Received By qq � Title7tu/4C- Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK . oy�SWfF41,��. DENIS NONCARROW �� Town Hall,53095 Main Road TOWN CLERK o P.O.Box U79 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p Fax(631)765-6145 MARRIAGE OFFICER � ap! Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER 1 �► www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 27,2624 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A Local Law in relation.to a twelve(12)month Extension of a TemipArary Moratorium on the issuance of approvals and/or permits..for Battery EnerdStorage System(BESS)'facilities Please si g-:-the letter..and return tome at your earliest convenience. Thank ou:_ MAR 2 8 2024 � ► t„r Denis Noncarrow Southold Town Clerk Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Gaeenport Town of Shelter Island Town of Riverhead iTo—_Vmo_fsouitharftptan Southold Town Planning Board Southold Town Trustees Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department = `$jay Date: �l°Z�/ptiOoL� Signature,Received By '5olyoy A. SC/-f �;'IL9Ey� Title: . �SGU�/�A�l/�1z31V Please print name r DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK DENIS NONCARROW �.'. Town Hall,63095 Main Road P.O.Box 1179 TOWN CLERK ua� ' Southold,New York 11971 `t'A° Fax(631)765-6145 REGISTRAR OF VITAL STATISTICS ® ' MARRIAGE OFFICERja� ,,��+' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER d ' '`� www.southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 27, 2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: A'Lacal Law.in relation to a:twelve 12. montti.E.6nsio.n;+of'a Tctn orary 1Vloratoriiiiii:on the,issuance:of, approvals andlor'permits fair Bafter'-Enerw'Stbeno System (B1CSS),`faeilities° Please sigh the dutyl i cab-'of this letter°and return to me at your earliestconveriiencc. Thank rou: RECEIVED MAR 2 7 2024 Denis Noncarrow Town Clerk Southold Town Clerk Attachments cc: Suffolk County Department of Planning Long Island State Park Commission Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board kS_outhold Town Trustees--� Southold Town Assessors Southold Town Board of Appeals Southold Town Building Department Date: 7 Sign e,Recewed By � �4'- - '�`{`�,11 Tltle. i'('�r•$• '^ Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK DENIS NONCARROW �� ®�� Town Hall,53095 Main Road .TOWN CLERK o �� P.O.Box 1179 COD Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICER �' RECORDS MANAGEMENT OFFICER ®,� .A`�® Telephone oldt nny.gov FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 27, 2024 EE 350 079 835 US Priority Mail Express RE: Local Law No. 6 of 2024 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 a certified copy of Local Law No. 6 of 2024 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 this enclosure in your office. Thank you. Very truly yours, /Jenni�ferM. 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 2 Town of SOUTHOLD ❑ Village Local Law No. 6 of the year 2024. A Local Law entitled, 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. Be it enacted the Town Board of the: ❑ County ❑ City 21 Town of SOUTHOLD ❑ Village I. PURPOSE - Moratorium Extension 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. A one (1) year moratorium was enacted by the Town Board of the Town of Southold as Local Law 8- 2023, on January 31, 2023, with an effective date of April 11, 2023. The current moratorium is set to expire on April 11, 2024. The moratorium as enacted, is intended to provide sufficient time for 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. (If additional space is needed, attach pages the same size as this sheet,and number each.) DOS-239-f-1(Rev.04/14) 1 Since the enactment of the moratorium, there have been multiple incidents involving BESS facilities. In July of 2023, Governor Hochul formed an Inter-Agency Fire Safety Working Group to analyze data and make recommendations for safety. In December 2023,the Governor released initial findings and as recent as this month, the Governor released the initial recommendations. Governor Hochul also recently published a Draft Fire Code Recommendations Report concerning which public comment has been requested. As this process is not complete, the Town cannot adequately access the information and make sound decisions in enacting code. Further,the Task Force assembled by the Town, consisting of seven(7) representatives of the community, renewable energy industry, battery storage industry and environmental/municipal organizations, has not finalized its recommendations or established an action plan, which is intended to serve as a guide for the integration of battery energy storage systems into the Town Code. Finally, the work of the Town's outside consultant, updating the Southold Town Code, has not yet had the opportunity to incorporate the aforesaid recommendations, or identify regulations and/or required amendments to the Town's Comprehensive Plan. The Town's Task Force was timely assembled and has worked consistently to examine current safety protocol standards and success rate in the application of new systems. Issues of public safety and risks of fire incidents have been considered,including risks associated with equipment failure and/or human error. The Task Force has also investigated equipment, personal safety gear and training. Additional considerations of the Task Force include zoning classifications, separation distances,plant size,minimum lot area, buffer requirements, lighting and security. The Town Board wishes to be able to consider the proposals and recommendations of the Task Force, Code Consultant and the State on these issues, including various alternatives to current zoning; as well as implement public safety measures to insure the health, safety and welfare of the community. An extension of the moratorium is necessary to complete this function. This extension is specific and limited to BESS facilities only. Given that the State's investigation is not yet concluded and the work of the Town's Consultant and BESS Task Force is ongoing, the Town Board finds it necessary to extend the moratorium already in effect,the terms of which remain unchanged and are set forth below. This action is necessary in order to protect the character, public health, safety and welfare of the residents of the Town of Southold. 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. 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 2 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 the 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. 3 (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. 6_ . of 2024 of the (Goa",) (Town) of SOUTHOLD was duly passed by the TOWN BOARD on March 26 , 20245 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. DOS-239-f-1(Rev.04/14) 4 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,please provide an appropriate certification.) I further certify that I have compared the preceding local law with the origin o file in is office and that the same is a correct transcript there from and of the whole of such original local law, d w s fi ad ed in the manner indicated in paragraph 1 , above. Clerk of th ounty islative body, City, Town or (Seal) Village CleYk or offs er designated by local legislative body Denis Noncarrow,Town Clerk Date: March 27,2024 DOS-239-f-1(Rev.04/14) 5 RESOLUTION 2024-309 ADOPTED DOC ID: 20120 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-309 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 26, 2024: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 27th day of February,2024, a Local Law entitled, "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 Enemy 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 twelve (12) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for Battery Energy Storage System (BESS) facilities" reads as follows: LOCAL LAW NO. 6 of 2024 A Local Law entitled, "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". BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. PURPOSE -Moratorium Extension 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. A one (1) year moratorium was enacted by the Town Board of the Town of Southold as Resolution 2024-309 Board Meeting of March 26, 2024 Local Law 8-2023, on January 31, 2023, with an effective date of April 11, 2023. The current moratorium is set to expire on April 11, 2024. The moratorium as enacted, is intended to provide sufficient time for 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. Since the enactment of the moratorium, there have been multiple incidents involving BESS facilities. In July of 2023, Governor Hochul formed an Inter-Agency Fire Safety Working Group to analyze data and make recommendations for safety. In December 2023, the Governor released initial findings and as recent as this month, the Governor released the initial recommendations. Governor Hochul also recently published a Draft Fire Code Recommendations Report concerning which public comment has been requested. As this process is not complete, the Town cannot adequately access the information and make sound decisions in enacting code. Further, the Task Force assembled by the Town, consisting of seven (7) representatives of the community, renewable energy industry, battery storage industry and environmental/municipal organizations, has not finalized its recommendations or established an action plan, which is intended to serve as a guide for the integration of battery energy storage systems into the Town Code. Finally, the work of the Town's outside consultant, updating the Southold Town Code, has not yet had the opportunity to incorporate the aforesaid recommendations, or identify regulations and/or required amendments to the Town's Comprehensive Plan. The Town's Task Force was timely assembled and has worked consistently to examine current safety protocol standards and success rate in the application of new systems. Issues of public safety and risks of fire incidents have been considered, including risks associated with equipment failure and/or human error. The Task Force has also investigated equipment, personal safety gear and training. Additional considerations of the Task Force include zoning classifications, separation distances, plant size, minimum lot area, buffer requirements, lighting and security. The Town Board wishes to be able to consider the proposals and recommendations of the Task Force, Code Consultant and the State on these issues, including various alternatives to current zoning; as well as implement public safety measures to insure the health, safety and welfare of the community. An extension of the moratorium is necessary to complete this function. This extension is specific and limited to BESS facilities only. Given that the State's investigation is not yet concluded and the work of the Town's Consultant and BESS Task Force is ongoing, the Town Board finds it necessary to extend the moratorium already in effect, the terms of which remain unchanged and are set forth below. This action is necessary in order to protect the character, public health, safety and welfare of the residents of the Town of Southold. II. ENACTMENT OF A TEMPORARY MORATORIUM Until twelve (12) months from the effective date of this Local Law, after which this Updated: 3/26/2024 2:43 PM by Lynda Rudder Page 2 Resolution 2024-309 Board Meeting of March 26, 2024 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 the 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 Updated: 3/26/2024 2:43 PM by Lynda Rudder Page 3 Resolution 2024-309 Board Meeting of March 26, 2024 RESULT: ADOPTED [UNANIMOUS] MOVER: Greg Doroski, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty, Evans Updated: 3/26/2024 2:43 PM by Lynda Rudder Page 4 Noncarrow, Denis To: christine.desalvo@suffolkcountyny.gov Cc: Sabrina Born (sabrina.born@town.southold.ny.us); Mudd,Jennifer Subject: Southold PHs Hi Christine I hope you are doing well.So we sent up 2 Public Hearing topics.We did hear back on the BESS moratorium extension. We did not hear back on the Chapter 240. The reason we are asking is we get those email things and I cannot open them. Thank you for sure Denis Noncarrow Southold Town Clerk. Town of Southold, New York www.southoldtownny.gov denisn@southoldtownny.gov 631-765-1800 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. COUNTY OF SUFFOLK RECEIVED MAR 1 2 2024 �✓'�Q��4 EDWARD P. ROMAINE Southold Town Clerk SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING SARAH LANSDALE COMMISSIONER ELISA PICCA CHIEF DEPUTY COMMISSIONER March 11, 2024 Town of Southold 53095 Main Road P.O. Box 1179 Southold,NY 11971 Attn: Supervisor Al Krupski Re: Town of Southold Zoning Action: Moratorium Extension on Battery Energy Storage Systems (BESS) Municipal File No./Public Hearing Date: 2024-192 S.C.T.M.No.: N/A S.C.P.C. File No.: ZSR-24-19 Dear Supervisor Krupski: The Suffolk Planning Commission at its regular meeting on March 6, 2024, reviewed the referral from the Town of Southold entitled, "Twelve (12) month Extension of the Town of Southold's Temporary Moratorium on the issuance of approvals and/or permits for Battery Energy Storage Systems (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, R /[� By Christine DeSalvo Theodore R. Klein, Principal Planner TRK/cd Division of Planning and Environment cc: Denis Noncarrow, Town Clerk, Town of Southold Heather Lanza, Planning Director, Town of Southold H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,2nd FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 File No. SD-24-01 Resolution No. ZSR-24-19 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 February 28, 2024 at the offices of the Suffolk County Planning Commission with respect to the application of "Town of Southold, Moratorium Extension on Battery Energy Storage Systems" located in the Town of Southold; and WHEREAS, said referral was considered by the Suffolk County Planning Commission at its meeting on March 6, 2024, 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, and be it further RESOLVED, that the Suffolk County Planning Commission Approves of proposed Local Law of 2024- 192 of the Town of Southold to extend their current moratorium on the issuance of approvals and/or permits for Battery Energy Storage System (BESS) facilities, subject to the following condition and comments: Condition: 1. The moratorium extension shall be limited to an initial six (6) month period. The Town shall return to the Suffolk County Planning Commission at the end of the six (6) month period (i.e. September 2024) to report on their progress with updates to their code for BESS facilities, and to discuss if an additional six (6) month period extension of the moratorium for the full twelve (12) months is warranted. Reason: The Commission has approved numerous applications over the past year from other Towns in Suffolk County looking to implement moratoriums on BESS facilities as they each review updating their codes to protect the safety of the public, and in the majority of these cases, required and/or requested that the municipality return to the Commission at either the half- way point or at the end of the moratorium to report on its progress. Comments: 1. The Town should review the now available Model Law by NYSERDA that is intended to help local government officials and agencies having jurisdictions to adopt legislations and regulations to responsibly accommodate BESS in their communities, as the available Model Law lays out procedural frameworks and substantive requirements for residential, commercial, and utility- scale BESS facilities. (https://www nyserda ny gov/All-Programs/Clean-Energv-Siting- Resources/Battery-Energv-Storage-Guidebook) 2. The Town should confirm that the temporary moratorium will only apply to BESS related applications and not deem a larger proposed land use 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 and coordinate with other Long Island municipalities on their review of updates to local, state and national regulations that may relate to BESS facilities, which could help the Town better understand applicable appropriate regulations that would allow for the development of these facilities while adhering to the Town's public safety, land use planning and other concerns. 3/6/24 ZS R-24-19 File No.: SD-24-01 Town of Southold Moratorium Extension on BESS 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 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 VANDENBURG, MICHAEL-Town of Brookhaven X Motion: Commissioner Condzella Present: 12 Seconded: Commissioner Perry Absent: 3 Voted: 12 Abstentions: 0 Recusal: 1 DECISION: Approved Date: 3/6/24 Mudd, Jennifer From: Mudd,Jennifer Sent: Wednesday, March 13, 2024 11:10 AM To: DeChance, Paul; Doherty,Jill; Doroski, Greg; Evans, Louisa;Johnson, Benjamin; Krupski, Al; McGivney, Julie; Mealy, Brian; Mirabelli, Melissa; Noncarrow, Denis; Norklun, Stacey; Rudder, Lynda; Smith, Anne; Squicciarini, James; Standish, Lauren;Tomaszewski, Michelle Subject: Emailing: Suffolk Planning Commission (Moratorium Ext. on BESS).pdf Attachments: Suffolk Planning Commission (Moratorium Ext. on BESS).pdf Importance: High Please see attached. Thank you, Jen Jennifer M. Mudd Sub-Registrar and Deputy Town Clerk Account Clerk Southold Town Clerk's Office 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Phone: 631-765-1800 ext. 1274 Fax: 631-765-6145 Your message is ready to be sent with the following file or link attachments: Suffolk Planning Commission (Moratorium Ext. on BESS).pdf Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 Appendix A - County Referral Form Appendix A—Suffolk County Planning Commission Guidebook - - ---Suffolk1 Planning Commission Submission Cover Form For Planning and Zoning Referrals Municipality: Town of Southold. Hamlet: Local Case Number: 2024-192. District: Section:. Block: Lotv,,- , Local Meeting Date: .02/27/2024 Application/Action Name: Moratorium Extension BESS Facilities Public Hearing: ® Yes ❑ No eferi(tti4.Aaisnc'v: Tyna.of'Refei'ral: .SE(lRAAhtiori; R - 'd Planning Board or Commission O New ❑EAF ❑Draft EIS ❑Positive Declaration ❑Zoning Board of Appeals ®Expansion ❑Lead Agency ❑Final EIS ❑Negative Declaration ®Town Board/Village Board of ❑Modification ❑Draft Scope ❑Findings Trustees Brief description of application or proposed action: Twelve(12)month Extension of a Temporary.Moratorium on,.the issuance of approvals and/or permits for Battery Energy Storage System(BESS)Facilities. 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 ®Moratorium ❑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 X Yes ❑No (If yes,Date03/14/2023) • Adjacent Municipality Notified(see NYS GML 239 nn) 6d Yes ❑No ❑N/A Located Within Long Island Pine Barrens Zone ❑Yes i:2 No • Workforce/Affordable Housing ❑Yes M No ❑N/A • Energy Efficiency ❑Yes M No ❑N/A Zoning Board of Appeals Approval ❑Yes ®No ❑N/A Suffolk County Department of Health Approval/Comments ❑Yes ®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 ®No ❑NIA • Suffolk County Sanitary Code Article 6,Groundwater Management Zone- ❑I ❑II ❑Ili ❑IV ❑V ❑VI ❑VII ❑VIII Contact Information Municipality Contact Name: -Albert J.Krupski Jr.,Supervisor- Department/Agency: .:Town of Southold Phone Number: ..631-765-1800 Email Address: -denisn southoldtownny-.9ov Applicant Contact Name —Denis Noncarrow,Town Clerk. - Applicant Address: 53095 Main Rd., PO Box 1179,Southold NY 11971 RECEIVED COUNTY OF SUFFOLK F E 8 2 9 2024 �• EDWARD P.ROMAINE Southold Town Clerk SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING SARAH LANSDALE COMMISSIONER ELISA PICCA CHIEF DEPUTY COMMISSIONER February 29, 2024 Town of Southold 53095 Main Road P.O.Box 1179 Southold,NY 11971 Attn: Supervisor Al Krupski Re: Town of Southold Twelve(12)Extension of Town of Southold's Temporary Moratorium on the issuance of approvals and/or permits for Battery Energy Storage Systems(BESS)Facilities Municipal File No.: 2024-192 S.C.P.C.File No.: SD-24-01 t Dear Supervisor Krupski: 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 Wednesday,March 6,2024 2:00 pm at the Rose Caracappa Auditorium,W.H.Rogers Legislature Bldg.725 Veterans Memorial Highway, Smithtown,NY. 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 Theodore R.Klein,Principal Planner TRK/cd Division of Planning and Environment cc: Denis Noncarrow,Town Clerk,Town of Southold Heather Lanza,Planning Director,Town of Southold H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,2nd FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■(631)853-5191 REC%EIVEL) VIA ELECTRONIC SUBMISSION 3/22/2024 MA R 2 1 2024 Supervisor Albert J. Krupski Jr. Town Hall, 53095 Route 25, PO Box 1179, Southold, New York 11971 Southold Town Clerk Subject: Battery Energy Storage Systems: Crucial to the Climate Fight The New York League of Conservation Voters (NYLCV) is committed to promoting the implementation of renewable resources and battery storage facilities to transition to safe, effective, and efficient clean energy. Currently, New York is leading the Eastern United States in renewable energy but we are far behind on where we need to be to combat climate change.To assist the transition to clean energy, NYLCV has made achieving six gigawatts of battery storage capacity by 2030 a key policy priority. Battery Energy Storage Systems, or BESS for short, are essential for a safe and effective energy grid. These systems have a minimal environmental impact and increase stability in the supply and cost of renewable resources, supplying homes and communities with clean power, and are especially important to provide grid reliability and energy during extreme weather events. However, moratoriums on Battery Energy Storage Systems threaten New York's progress toward a safe, clean, and reliable energy grid.A limited number of fires at battery storage facilities have precipitated concerns regarding the potential hazards of battery storage facilities.Asking questions is important, but these incidents have been met with swift and decisive action from the State Inter-Agency Working Group and the Office of Fire Prevention and Control. The Inter-Agency Fire Safety Working Group conducted reports measuring the impact of the fires on air, soil, and water quality and concluded the fires resulted in no injuries and no harmful levels of toxins were detected.Additionally, the Working Group collaborated with national labs and leading subject-matter experts to review current codes and testing procedures for battery storage and recently published a draft of recommended fire and battery storage safety codes;these recommendations are now going through a review process. It should also be noted that large scale BESS projects are a world of difference from e-bike batteries;these projects have a much stricter set of codes. Learn more about battery storage from the NYLCV Lunch & Learn. Nothing is stopping municipalities from adopting the recommendations and moving this transition forward. But if a moratorium is adopted we ask that projects that are negatively effected be given a hardship waiver. While the risks associated with BESS's are minimal, there is an imminent and greater danger of not building the energy grid of the future.Without a speedy transition you can expect more deadly heat waves, orange skies that choke our lungs, and beaches that are washed away. NYLCV asks you to consider the full picture of what battery storage moratoriums mean for a coastal community on the front lines of climate change. Best Regards, Casey Petrashek, Deputy Director of Politics New York League of Conservation Voters MEMORANDUM To: Albert J. Krupski Jr., Supervisor Members of the Town Board From: Mark Terry, AICP Assistant Director of Planning Date: March 21, 2024 Re: State Environmental Quality Review Determination for the Town of Southold "A Local Law in relation to a4welve (12) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for Battery Energy Storage System (BESS) facilities The proposed Local Law concerns 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 proposed action has been reviewed by New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review, and it is my determination that pursuant to Part 617.5(c)(36), the action is a Type II action not subject to review. 617.S(c)(36) "adoption of a moratorium on land development or construction;" Please call me with any questions. Cc; Paul DeChance, Town Attorney Noncarrow, Denis From: Terry, Mark Sent: Wednesday, March 20, 2024 12:29 PM To: NoncarroW, Denis Subject: FW: Battery Energy Storage System (BESS) ������OED Denis, MAR 2 0 2024 Already went to TA. South®Id Town Clerk From:Terry, Mark Sent: Monday, March 4, 2024 2:10 PM To: DeChance, Paul<pauld@southoldtownny.gov>; McGivney,Julie<juliem@southoldtownny.gov> Subject: Battery Energy Storage System (BESS) Paul/Julie, The proposed Local Law entitled, "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 is recommended as EXEMPT from LWRP Coastal Consistency Review. Mark Terry, AICP Assistant Town Planning.Director Local Waterfront Revitalization Coordinator Southold Town Hall Annex 54375 State Route 25 P.O. Box 1179 Southold,New York 11971-0959 (631) -765-1938 r 1 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �.SOU P.O.Box 1179 T 54375,State Route 25 f?(j . Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) '�.�' !C� Southold,NY Telephone:631 765-1938 www.southoldtownny.gov oum PLANNING BOARD OFFICE TOWN OF SOUTHOLD ' RECEIVED .MEMORANDUM To: Albert J. Krupski, Jr., Town Supervisor MAR 13 2024 Members of the Town Board Denis Noncarrow, Town Clerk Southold Town Clerk From: James H. Rich III, Chairman. Members of the Planning Board 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 h� �G.j, Town Hall,53095 Main Road TOWN CLERK p - P.O.Box 1179 y Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p Fax(631)765-6145 MARRIAGE OFFICER 'y RECORDS MANAGEMENT OFFICER col �aO Telephone 76 1800 FREEDOM OF INFORMATION OFFICER www.southoldtldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 29, 2024 Re: Resolution Number 2024-192—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. 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 February 27, 2024 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official report defining the Planning Department's_ recommendations with regard to the proposed Local Law 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 4:30 P.M., Tuesday, March 26, 2024 respectfully. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, hJelifelrM. Mudd Deputy Town Clerk, Enclosure cc: Town Board Town Attorney Southold Town Board -Letter Board Meeting of February 27, 2024 srF�rC 6-11 RESOLUTION 2024-192 Item# 5.21 �RIO ADOPTED DOC ID: 20007 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-192 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 27,2024: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 27th day of February, 2024, a Local Law entitled, "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"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 261h day of March,2024 at 4:30 p.m. at which time all interested persons will be given an opportunity to be heard, RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to send the following proposed Local Law to the Suffolk County Planning Department and the Southold Town Planning Board for their recommendations and review. The proposed Local Law entitled, "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" reads as follows: LOCAL LAW NO. 2024 A Local Law entitled, "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". BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. PURPOSE -Moratorium Extension 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 Generated February 28, 2024 Page 39 Southold Town Board - Letter Board Meeting of February 27, 2024 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. A one (1)year moratorium was enacted by the Town Board of the Town of Southold as Local Law 8-2023, on January 31, 2023, with an effective date of April 11, 2023. The current moratorium is set to expire on April 11, 2024. The moratorium as enacted, is intended to provide sufficient time for 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. Since the enactment of the moratorium, there have been multiple incidents involving BESS facilities. In July of 2023, Governor Hochul formed an Inter-Agency Fire Safety Working Group to analyze data and make recommendations for safety. In December 2023, the Governor released initial findings and as recent as this month,-the Governor released the initial recommendations. Governor Hochul also recently published a Draft Fire Code Recommendations Report concerning which public comment has been requested. As this process is not complete, the Town cannot adequately access the information and make sound decisions in enacting code. Further, the Task Force assembled by the Town, consisting of seven (7) representatives of the community, renewable energy industry, battery storage industry and environmental/municipal organizations, has not finalized its recommendations or established an action plan, which is intended to serve as a guide for the integration of battery energy storage systems into the Town Code. Finally, the work of the Town's outside consultant, updating- the Southold Town Code, has not yet had the opportunity to incorporate the aforesaid recommendations, or identify regulations and/or required amendments to the Town's Comprehensive Plan. The Town's Task Force was timely assembled and has worked consistently to examine current safety protocol standards and success rate in the application of new systems. Issues of public safety and risks of fire incidents have been considered, including risks associated with equipment failure and/or human error. The Task Force has also investigated equipment, personal safety gear and training. Additional considerations of the Task Force include zoning classifications, separation distances, plant size, minimum lot area, buffer requirements, lighting and security. The Town Board wishes to be able to consider the proposals and recommendations of the Task Force, Code Consultant and the State on these issues, including various alternatives to current zoning; as well as implement public safety measures to insure the health, safety and welfare of the community. An extension of the moratorium is necessary to complete Generated February 28, 2024 Page 40 Southold Town Board -Letter Board Meeting of February 27, 2024 this function. This extension is specific and limited to BESS facilities only. Given that the State's investigation is not yet concluded and the work of the Town's Consultant and BESS Task Force is ongoing, the Town Board finds it necessary to extend the moratorium already in effect, the terms of which remain unchanged and are set forth below. This action is necessary in order to protect the character, public health, safety and welfare of the residents of the Town of Southold. 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. 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 the Southold Town Code. VI. SEVERABILITY Generated February 28, 2024 Page 41 Southold Town Board -Letter Board Meeting of February 27, 2024 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 Nonearrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Brian O. Mealy, Councilman AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty, Evans Generated February 28, 2024 Page 42 �C�ea ACCOUNT NUMBER CUSTOMER D83503 TOWN OF SOUTHOLD-TOWN CLERK THE DAY PUBLISHING COMPANY PO BOX 1231 47 EUGENE O'NEILL DRIVE CLIENT PAGE NUMBER DUE DATE NEW LONDON,CT 06320-1231 Page 1 of 1 Upon Receipt Order Number Amount Due d01074854 $247.92 TOWN OF SOUTHOLD - TOWN CLERK E CHECKS PAYABLE TO CHECK NUMBER ATTN: TOWN CLERK DAYPUBLISHING COMPANY 53095 MAIN ROAD Include your account#/ PO BOX 1179 order#on your check AMOUNT PAID SOUTHHOLD, NY 11971-0959 remittance United States PLEASE RETURN UPPER PORTION WITH YOUR REMITTANCE ..,� _..�_, SIZ /L1N6S, GR S " ..= NET,1 DATE ?$ DESCRIPTION' a_ PUBLICATION"'!'REFERENCE`#:':' OR'QTY, AMOUN-F� OTHER. AMOUNT' 03/07/24 Notice of Public Hearing 3.26.24 J �� The Day 2 col $22 9$221 92 $0.00 03/07/24 Notice of Public Hearing 3.26.24 Day Classified 2 col $1.00 $0.00 $1.00 Webpage 03/07/24 Notice of Public Hearing 3.26.24 CT Public Notices Not Applicable $25.00 $0.00 $25.00 Webpage ..,.. Total $247.92 $0.00 $247.921 Account Number Customer Total Due D83503 TOWN OF SOUTHOLD-TOWN CLERK $247.92 Day Credit Department 860-701-4204 Accounting Fax 860-437-7504 Community Classifieds-Toll Free 800-582-8296 Advertising Fax 860-437-8780 Day Publishing Company-Toll Free 800-542-3354 Classified Fax 860-442-5443 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 27th day of February, 2024, a Local Law entitled, "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" and 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 26th day of March,2024 at 4:30 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 twelve (12) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for Battery Energy Storage System (BESS) facilities" is available in its entirety on the Town Website southoldtownny.gov or the Town Clerk's Office during regular business hours. DATED: FEBRUARY 27, 2024 BY ORDER OF THE SOUTHOLD TOWN BOARD DENIS NONCARROW SOUTHOLD TOWN CLERK c J Mudd, Jennifer From: Jane Ahrens <ahrens Jane@gmail.com> Sent: Tuesday, March 5, 2024 4:21 PM To: Mudd,Jennifer Cc: Louisa Evans Subject: Re: Emailing: Ch. 240 - Subdivision of Land.pdf, Moratorium Ext. BESS Facilities.pdf for Publication Hi, Posted on Flshersisland.net https•//fishersisland.net/town-board-public-hearing-chapter-240-subdivision-of-land-26mar/ https:Hfishersisland.net/town-board-public-hearing-tem p-moratorium-on-storage-permits-for-bess/ Jane On Wed, Feb 28, 2024 at 3:29 PM Mudd,Jennifer<iennifer.mudd@town.southold.nv.us>wrote: Good Afternoon, Please publish both attached notices in the following: 3/07/2024 edition of The Day paper The FI Website Two (2) public places on Fishers Island Thank you, Jennifer M. Mudd Sub-Registrar and Deputy Town Clerk Account Clerk Southold Town Clerk's Office 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Phone: 631-765-1800 ext. 1274 Fax: 631-765-6145 Your message is ready to be sent with the following file or link attachments: Ch. 240-Subdivision of Land.pdf Moratorium Ext. BESS Facilities.pdf Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 Jane T. Ahrens Editor,fishersisland.net&eFog Horn 631-788-7487 203-801-8431 Cell/Text https://fishersisland.net https://fishersisland.net/fog-horn/ Instagram @finyinfo06390 Facebook @Fishersisland.NY X FOG HORN DEADLINE: March 25 for April 1 Issue 2 o1�rata OlIr , DENIS NONCARROW 5 �Gy� Town Hall,53095 Main Road TOWN CLERK p - P.O.Box 1179 CO = Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Q .1C Fax(631)765-6145 MARRIAGE OFFICER 'y RECORDS MANAGEMENT OFFICER ��,( .�O Telephone oldt nny.gov FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 28, 2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on March 26th,2024 at 4:30 pm, at the Southold Town Hall, 53095 Main Road, Southold,NY: 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 A Local Law in relation to Amendments to Chapter 240 Subdivision of Land Please sign the du-licate of this letter and return to me at your earliest convenience. Thank you. Denis Noncarrow Southold Town Clerk Attachments cc: _ Suffolk Countv De-ot_of Planning Lona_Island State Park Commission 7014 1200 0001 6743 5490 7014 1200 0001 6743 5414 Email: Town of Riverhead Town of Shelter Island Town of Southampton—' Southold Building Dept Southold Planning Dept-' Southold Trustees--,' Southold Assessors✓ Southold ZBA Village of Greenport-/ Signature, Received by Date Please print name Title DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK rc1�1 .: DENIS NONCARROW Town Hall 53095 Main Road TOWN CLERK '„. P.O.Box 1179 L: Southold,New York 11971 "s�•. µ Fax(631)765-6145 REGISTRAR OF VITAL STATISTICS z•, MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownnygov FREEDOM OF WFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 28, 2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS.on the proposed Local Laws listed below on-IMA cli"26th,2024 at:4:30 pm,at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law-in-relation to a twelve- .12.month.Ertension of a Temporary Moratorium on the issuance,of appro�alg and/or permits 1'or-Battery Energy!�Stara�c'SYstem:(13ESS�`facilities. A Local Law in relation to Amendments,to Chapter 240 Subdivision of Land. Please sign the duplicate of this letter and,rituin to me ei'your"LaPIies"t¢cinvetiience: Thank yoil . Denis Noncarrow Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept ,Sautk0d_Plannangj_Dept, Southold Trustees Southold Assessors Southold ZBA -- Village of-Grecnport 3ign4atWuiej Received by Date Please print name Title RECEIVED DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK FEB 2 9 2024 Southold Town Clerk � u�Fat/( DEMS NONCARROW 4 Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS wed Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �•( wwwsoutholdtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE;OF THE TOWN CLERK TOWN OF SOUTHOLD February 28,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws'listed below on March 26th,:.2024 at 4:30 pm,at the Southold Town Hall, 53095 Main Road, Southold,NY: �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 Systern MESS)facilities A Local Law in relation to Ainendmbi s tb Chaii.ter 140 Subdivision of Lana Please sigh the duplicate of this letter and rettgii to rime`at your eartiest converiidnee. Thank- you.. J Denis Noncarrow Southold Town,Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building,Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA C-'.�lage=o�Greenport� "gna e, eceive y Date Please print name Title RECEIVED DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK F E B 2 9 2024 Southold Town Clerk 1 DENIS NONCA.RROW ��O �G� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 r4 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER '� RECORDS MANAGEMENT OFFICER �,1 `ate Telephone oldto nny.gov FREEDOM OF INFORMATION OFFICER www.southoldtownnygov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 28,2024 PLEASE'TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on March 26th, 2024 at 4:30 pm,at the Southold Town Hall, 53095 Main Road, Southold,NY: 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 Enemy Storage System (BESS)facilities A Local Law in relation to Amendments to Chanter 240 Subdivision of Land Please sign the dul licate of this letter and return to me at your earliest convenience. Thank you. Aw- xn'w�� . Denis Nonearrow Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton outh—oI&Rffilding,Dept;, Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Villagenf Crreen o Si nature,Rece d by Date , /a,Liae,L,c Va .,7� Please print name Title RECEIVED DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK F E B 2 9 2024 Southold Town Clerk '�t� �'`z..ems Town Hall,53095 Main Road DENIS NONCARRAWell r` ✓� Y. M r c P.O.Box 1179 TOWN CLERK ;., LsS, - W2 : a Southold,New York 11971 -01 'ate hisn.Y.• 4� 'f ",< Fax(631)765-6145 REGISTRAR OF VITAL STATISTICS '�.�, �-. RECORDMARRIAGE OFFICERS MANAGEMENT OFFICER l���l����- Telephone(631)765-1800 i www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 28,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on March 26th-.2024 at 4:30 pm, at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to a twelve 12 month Extension of a Temporary.Moratorium on the issuance of approvals and/or permits for Mattery Energy Storage Svstem (BLSS) facilities A Local Law in relation to Amendments to Chapter 240 Subdivision of Land PIease Sign the duplicate of this letter and return to me at Your earliest convenience: 7'liank you. i . Denis Nonearrow Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept �SoutnOldAT�Stee— Southold Assessors Southold ZBA Village of r.etrnpn 471ggnire, eived by Date Pease print name Title RECEIVED DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK F E B 2 J 2024 Southold Town Clerk DENIS NONCARROW �3� G� Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 as Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p Fax(631)765-6145 MARRIAGE OFFICER O �4'� Telephone(631)7654800 RECORDS MANAGEMENT OFFICER .� g g ^ wwwsoutholdtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 28,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on March 26th.2024'at 4:30 pm,at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to.a twelve{l2)wouth.Extension of a Temporary Moratorium an the issuance_of approvals and/or permits for Battery Energy Storage System(BESS)facilities A Local Law in relation to Amendments to.Chapter 240 Subdivision.ofLand Please sign the dupZica'te of this letter and return t6.meat your earliest convenience. Thank you. Denis Noncarrow Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island T�ownraf&utharn- p a Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Grreenport Signature,Received by Date _JUAIDy A, SG HE Sou-rgAmPort 70VA1 Cal=-',<,�2MG Please print name Title RECEIVED DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK F E B 2 8 2024 Southold Town Clerk 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 '� RECORDS MANAGEMENT OFFICER ®� �,� Telephone oldt nny.gov FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 28,2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on March 26th,2.024 at 4:30 pm, at the Southold Town Hall, 53095 Main Road, Southold,NY: A Local Law in relation to a twelve(1-2) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for Battery Energy Storage System (BESS) facilities A-Local Law in relation to Amendments to Chapter 240 Subdivision of Land Please sign the duplicate of this letter and return to me at your earliest convenience. Thank you. a-4 Xno�� Denis Noncarrow Southold Town Clerk Attachments cc; Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees eSruthoLd-p-A�&ses`sorss-P Southold ZBA Village of Greenport Signature, Received by Date P ease print name Title RECEIVED DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK F E 8 2 8 2024 Southold Town Clerk Fat Ir DENIS NONCARROW ®� .�� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 5i ® Fax(631)765-6145 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER ®� ��® Telephone oldt nny.go0 FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 28, 2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC'HEARINGS on the proposed Local Laws listed below on March 26th, 2024 at 4:30 pm, at the Southold Town Hall, 53095 Main Road, Southold,NY: 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 A Local Law in relation to Amendments to Chapter 240 Subdivision of Land 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 Dept of Planning '.Lon">Isl'and`Sate Park o_ is""lion Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept out Id Planning D t Southold Trustees Sout Id Assessors Southold ZBA Vill e of npo S' na eceived by Date P ease print name Title DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ®�' s's Hour ea DENIS NONCARROW Town Hall,53095 Main Road TOWN CLERK ® - P.O.Box 1179 CA -V 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 February 28, 2024 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold PUBLIC HEARINGS on the proposed Local Laws listed below on March 26th,2024 at 4:30 pm, at the Southold Town Hall, 53095 Main Road, Southold,NY: 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 Enerfy Storage System (BESS) facilities A Local Law in relation to Amendments to Chapter 240 Subdivision of Land 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 Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton . Southold Building Dept out Id Planning D . �t Southold Trustees Soutl Id Assessors Southold ZBA Villa e of npoi b S' na eceived by Date P ease print name Title DUPLICATE TO BE SIGNED AND RETURNED TO 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 28th day of February, 2024, 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.southoldtonM.gov PH 3/26 4:30 PM—LL Extension of Moratorium Battery Energy Storage System Facilities e 's Noncarrow Southold Town Clerk Sworn to before me on the 2P day of February, 2024 otary Public JENNIFER M MUDD NOTARY PUBUC.STATE OF NEW YOM Reglstratlon No.01 MUS429053 Oualifled In Suffolk County /1 My Com km miss Expires February 07.20,E 349406c4 jennifer.mudd@town.southold.nyus AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk County, 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: 03/07/2024 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. 041(c A Signature Christina Henke Rea PrintedName DOUGLASWREA Digitally signed Notary Public-State of New York by douglas w rea NO.Of RE639844 Date: 2024.03.07 Subscribed and sworn to before me, Qualified in Albany County 18:48:35 +00:00 My Commission Expires Sep 30,2027 This 07 day of March 2024 Notary Signature Notary Public Stamp LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 27 day of February, 2024, a Local Law entitled, "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" and 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 Rgad, Southold, New York, on the 26 day of March, 2024 at 4:30 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 twelve (12) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for Battery Energy Storage System (BESSI facilities" is available in its entirety on the Town Website southoldtownny.gov or the Town Clerk's Office during regular business hours. DATED: FEBRUARY 27, 2024 BY ORDER OF THE TOWN BOARD DENIS NONCARROW SOUTHOLD TOWN CLERK LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 27th day of February, 2024, a Local Law entitled, "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" and 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 26th day of March,2024 at 4:30 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 twelve (12) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for Battery Energy Storage System (BESS) facilities" reads as follows: LOCAL LAW NO. 2024 A Local Law entitled, "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". BE IT ENACTED by the Town Board of the Town of Southold, as follows: 1. PURPOSE -Moratorium Extension 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. A one (1)year moratorium was enacted by the Town Board of the Town of Southold as Local Law 8-2023, on January 31, 2023, with an effective date of April 11, 2023. The current moratorium is set to expire on April 11, 2024. The moratorium as enacted, is intended to provide sufficient time for 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. Since the enactment of the moratorium, there have been multiple incidents involving BESS facilities. In July of 2023, Governor Hochul formed an Inter-Agency Fire Safety Working Group to analyze data and make recommendations for safety. In December 2023, the Governor released initial findings and as recent as this month, the Governor released the initial recommendations. Governor Hochul also recently published a Draft Fire Code Recommendations Report concerning which public comment has been requested. As this process is not complete, the Town cannot adequately access the information and make sound decisions in enacting code. Further, the Task Force assembled by the Town, consisting of seven (7) representatives of the community, renewable energy industry, battery storage industry and environmental/municipal organizations, has not finalized its recommendations or established an action plan, which is intended to serve as a guide for the integration of battery energy storage systems into the Town Code. Finally, the work of the Town's outside consultant, updating the Southold Town Code, has not yet had the opportunity to incorporate the aforesaid recommendations, or identify regulations and/or required amendments to the Town's Comprehensive Plan. The Town's Task Force was timely assembled and has worked consistently to examine current safety protocol standards and success rate in the application of new systems. Issues of public safety and risks of fire incidents have been considered, including risks associated with equipment failure and/or human error. The Task Force has also investigated equipment, personal safety gear and training. Additional considerations of the Task Force include zoning classifications, separation distances, plant size, minimum lot area, buffer requirements, lighting and security. The Town Board wishes to be able to consider the proposals and recommendations of the Task Force, Code Consultant and the State on these issues, including various alternatives to current zoning; as well as implement public safety measures to insure the health, safety and welfare of the community. An extension of the moratorium is necessary to complete this function. This extension is specific and limited to BESS facilities only. Given that the State's investigation is not yet concluded and the work of the Town's Consultant and BESS Task Force is ongoing, the Town Board finds it necessary to extend the moratorium already in effect, the terms of which remain unchanged and are set forth below. This action is necessary in order to protect the character, public health, safety and welfare of the residents of the Town of Southold. 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. 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 the 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. DATED: FEBRUARY 27, 2024 BY ORDER OF THE SOUTHOLD TOWN BOARD DENIS NONCARROW SOUTHOLD TOWN CLERK Southold Town Board -Letter Board Meeting of February 27, 2024 RESOLUTION 2024-192 Item# 5.21 ADOPTED DOC ID: 20007 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-192 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 27,2024: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 27t' day of February, 2024, a Local Law entitled, "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" 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 26t' day of March, 2024 at 4:30 p.m. at which time all interested persons will be given an opportunity to be heard, RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs the Town Clerk to send the following proposed Local Law to the Suffolk County Planning Department and the Southold Town Planning Board for their recommendations and review. The proposed Local Law entitled, "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" reads as follows: LOCAL LAW NO. 2024 A Local Law entitled, "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". BE IT ENACTED by the Town Board of the Town of Southold, as follows: I. PURPOSE -Moratorium Extension 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 Generated February,28, 2024 Page 39 Southold Town Board-Letter Board Meeting of February 27, 2024 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. A one (1)year moratorium was enacted by the Town Board of the Town of Southold as Local Law 8-2023, on January 31, 2023, with an effective date of April 11, 2023. The current moratorium is set to expire on April 11, 2024. The moratorium as enacted, is intended to provide sufficient time for 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. Since the enactment of the moratorium, there have been multiple incidents involving BESS facilities. In July of 2023, Governor Hochul formed an Inter-Agency Fire Safety Working Group to analyze data and make recommendations for safety. In December 2023, the Governor released initial findings and as recent as this month, the Governor released the initial recommendations. Governor Hochul also recently published a Draft Fire Code Recommendations Report concerning which public comment has been requested. As this process is not complete, the Town cannot adequately access the information and make sound decisions in enacting code. Further, the Task Force assembled by the Town, consisting of seven (7) representatives of the community, renewable energy industry, battery storage industry and environmental/municipal organizations, has not finalized its recommendations or established an action plan, which is intended to serve as a guide for the integration of battery energy storage systems into the Town Code. Finally, the work of the Town's outside consultant, updating the Southold Town Code, has not yet had the opportunity to incorporate the aforesaid recommendations, or identify regulations and/or required amendments to the Town's Comprehensive Plan. The Town's Task Force was timely assembled and has worked consistently to examine current safety protocol standards and success rate in the application of new systems. Issues of public safety and risks of fire incidents have been considered, including risks associated with equipment failure and/or human error. The Task Force has also investigated equipment, personal safety gear and training. Additional considerations of the Task Force include zoning classifications, separation distances, plant size, minimum lot area, buffer requirements, lighting and security. The Town Board wishes to be able to consider the proposals and recommendations of the Task Force, Code Consultant and the State on these issues, including various alternatives to current zoning; as well as implement public safety measures to insure the health, safety and welfare of the community. An extension of the moratorium is necessary to complete Generated February 28, 2024 Page 40 Southold Town Board - Letter Board Meeting of February 27, 2024 this function. This extension is specific and limited to BESS facilities only. Given that the State's investigation is not yet concluded and the work of the Town's Consultant and BESS Task Force is ongoing, the Town Board finds it necessary to extend the moratorium already in effect, the terms of which remain unchanged and are set forth below. This action is necessary in order to protect the character, public health, safety and welfare of the residents of the Town of Southold. H. 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. 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 the Southold Town Code. VI. SEVERABILITY Generated February 28, 2024 Page 41 Southold Town Board- Letter Board Meeting of February 27, 2024 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:Brian O. Mealy, Councilman AYES: Doroski, Mealy, Smith, Krupski Jr, Doherty, Evans Generated February 28, 2024 Page 42 Noncarrow, Denis From: DeChance, Paul Sent: Tuesday, March 5, 2024 10:46 AM To: Noncarrow, Denis; Krupski,Al Subject: RE: Suffolk county planning Al—Please let me know how you want this handled. Paul From: Noncarrow, Denis<denisn@southoldtownny.gov> Sent:Tuesday, March 5, 202410:24 AM To: DeChance, Paul<pauld@southoldtownny.gov>; Krupski,Al <alk@southoldtownny.gov> Subject: RE:Suffolk county planning Attached is what I sent over but I will email them to see. We have been having issues with their secure email systems Denis Noncarrow Southold Town Clerk. Town of Southold, New York www.southoldtownnv.aov denisn@southoldtownnv.qov 631-765-1800 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. From: DeChance, Paul Sent:Tuesday, March 5, 202410:17 AM To: Noncarrow, Denis<denisn@southoldtownny.eov>; Krupski,Al<alk@southoldtownny.gov> Subject: RE:Suffolk county planning Denis is this in person or via zoom. Can you clarify. Paul From: Noncarrow, Denis<denisn@southoldtownny.gov> Sent:Tuesday, March 5, 2024 9:44 AM To: DeChance, Paul<pauld@southoldtownny.gov>; Krupski,Al<alk@southoldtownny.gov> Subject:Suffolk county planning Just a reminder they are meeting tomorrow and they would like someone to go. Thank you Denis Noncarrow Southold Town Clerk. Town of Southold, New York 1 www.southoldtownny.gov denisn @southoldtownn y.gov 631-765-1800 CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication. I I I r i 2 RECEIVE® Grou FOR March 19, 2024 THE MAR 2 6 2024 Et E n d Supervisor Al Krupski & Members L.1 S of the Town Board Southold Town Clerk Town of Southold P.O. Box 1179 Robert S.DeLuca Southold, NY 11971 PRESIDENT Re: Support For 12-Month Moratorium Extension of Approvals And/Or BOARD OF DIRECTORS Permits for Battery Energy Storage Systems (BESS) Katherine Leahy Birch CHAIR Dear Supervisor Krupski and Members of the Town Board, William Ryall VICE CHAIR On behalf of Group for the East End, I write to lend support for the 12-month moratorium extension on the issuance of approvals and/or permits for Battery Susan Abdalla Energy Storage Systems (BESS). Kimberly Allan Lou Bevilacqua We fully support the Town doing its due diligence in examining the complexities of W.Marco Birch siting BESS facilities and ensuring that the recommendations from the Town- Kristen Briner appointed Task Force and New York State's Draft Fire Code Recommendations Andrew Goldstein Report are weighed and considered as the Town drafts a responsible code that considers the health, welfare, community character, and environment throughout Stuart Goode the Town. The moratorium is justified and necessary. We thank you for rationally Nestor Gounaris considering this important zoning matter. John F.Shea Kimberly Smith Spacek Thank you for your attention to this matter. Please contact me should you have Marisa van Bokhorst any comments or questions. I can be reached at Mary Walker bdeluca@eastendenvironment.org. Donna Winston Sincerely, P.O.Box 1792 Southold,NY 11971. P.O.Box 569 ,, �✓ Bridgehampton,NY 11932 631.765.6450 GroupfortheEastEnd.org Robert S. DeLuca President Prot tiro h �1a1-urn° of t! place you love C '6 RECEIVE® Gro I I FOR March 19, 2024 V p THE MAR 2 6 2024 Est End Supervisor Al Krupski & Members t.�1 of the Town Board Southold Town Clerk Town of Southold P.O. Box 1179 Robert S.DeLuca Southold, NY 11971 PRESIDENT Re:A Local Law In Relation to Amendments to Chapter 240 BOARD OF DIRECTORS Subdivision of Land Katherine Leahy Birch Dear Supervisor Krupski and Members of the Town Board, AIR William Ryall On behalf of Group for the East End, I write to lend strong support for the VICE CHAIR amendments to Chapter 240 Subdivision of Land, which requires 20% of the lot yield within the creation of new subdivisions (over 5 lots), to contain moderate- Susan Abdalla income family dwelling units. Kimberly Allan Lou Bevilacqua In our view, the proposed zoning amendment represents a demonstrable path W.Marco Birch forward in creating desperately needed affordable housing units. In the long run, Kristen Briner this requirement along with others, may be a more sustainable method of creating Andrew Goldstein new affordable units rather than having multiple high-density housing developments that may impart negative environmental and community character- Stu de related impacts due to the density issue. The amendment also helps to spread character- Nestor Gounounaris the units more evenly throughout the Town. John F.Shea Kimberly Smith Spacek Additionally, the proposed law takes into account Objectives within the Town's Marisa van Bokhorst adopted 2020 Comprehensive Plan: Mary Walker Donna Winston Objective 5.1 Continue to review and research policies and best practices elsewhere to find solutions to meet housing needs of the Town's residents(Chapter 8: P.O.Box 1792 Housing p. 7). Southold,NY 11971 P.O.Box 569 Objective 5.2 Bridgehampton,NY 11932 Explore policy and legislative changes that could provide a greater 631.765.6450 inventory of affordable housing. (Chapter 8:Housing p. 7). GroupfortheEastEnd.org We respectfully recommend that the Town Board adopt the proposed amendment. We thank you in advance for proactively reviewing existing policies and legislation that have proven not to provide the intended solution and propose changes to the code that will better meet the needs of the community. Thank you for your attention to this matter. Please contact me should you have any comments or questions. I can be reached at bdeluca@eastendenvironment.org. Protecting the nature of the place you love -.B Sincerely, Robert S. DeLuca President KET,eAPT w ..""/E N E R G Y RECEIVED March 26th, 2024 Honorable Members of the Town Board Town of Southold MAR 2 6 2024 53095 Main Road Southold, NY 11971 Southold Town Clerk Honorable Members of the Town Board: Key Capture Energy (KCE) submits these comments as you consider the adoption of an extension to the battery energy storage system (BESS) moratorium, and study future zoning changes related to such systems. We respectfully request, in line with the Suffolk County Planning Commission Recommendation (File#SD-23-03),that the moratorium extension be limited to a six(6) month period. KCE is headquartered in Albany and has been active in developing, constructing, and operating utility-scale battery energy storage systems in New York since 2016, including the largest project in the state. As one of the earliest companies developing battery energy storage systems in NY, we pride ourselves on working with communities proactively and constructively and look forward to ongoing dialogue with the Town Board, Planning Board and all additional stakeholders involved. KCE was originally drawn to Southold for our proposed KCE NY 26 project for a variety of reasons, including local grid needs and the Town's Climate Smart Communities (CSC) Pledge in 2019. KCE seeks to be a partner for the Town in achieving its goals to speed the energy transition away from costly and polluting fossil fuels, address the climate crisis and reduce air pollution. Specifically regarding KCE's proposed KCE NY 26 project next to the capped Cutchogue landfill,we have engaged with the various Boards within the Town since 2020 and appreciate the productive conversations that have taken place during multiple hearings. Battery storage systems are critical to ensuring that not only Southold, but the State of New York can meet clean energy and carbon reduction goals and keep the lights on during extreme weather events. As intermittent renewable,energy comes online,the grid will need fast-responding,flexible solutions like battery energy storage. Battery storage systems store clean, affordable energy during times of low demand and quickly dispatch it back to the grid during times of high demand so renewable energy can be used even when the wind isn't blowing, and the sun isn't shining. Battery storage systems will not only ensure generated renewable energy is consumed locally but will also benefit ratepayers by storing energy when it is abundant and cheap and dispatching it at times of high demand, providing critical grid reliability services and helping to keep energy costs low. KCE first and foremost is committed to safety. In response to fires at non-KCE battery storage facilities this summer, Governor Hochul assembled an Inter-Agency Fire Safety Working Group www.keycaptureenergy.com 1 25 Monroe Street,Suite 300,Albany,NY, 12210 1 (516)279-2955 KE CAPT�U RE -'ENERGY that analyzed the root cause of these system failures.This Working Group performed detailed inspections of all existing large-scale battery energy storage projects in the state. All KCE's operating projects passed this inspection, demonstrating that the safety standards KCE has in place for its projects meet, and often exceed, requirements. KCE takes fire safety and emergency operations very seriously and strictly adheres to industry best practices through our rigorous operations standards. KCE works closely with local fire departments and first responders throughout the development process of our projects to listen, educate, and have an on-going dialogue.We will develop a decommissioning and emergency operations plan that is informed by local needs and provides the training and tools necessary to ensure local first responders know how to respond, if necessary. KCE recommends that the Working Group's final safety recommendations be incorporated by reference in any final local law adopted by the Town.These final requirements will become part of the New York State Fire Code. In addition, if the Town is not already aware, NYSERDA's Battery Storage System Guidebook'includes a model law that can be adopted to fit the Town's needs and expectations. In terms of technical support, please know that the NYSERDA Clean Energy Siting Team and supporting consultants often meet with local municipalities to review fire and safety, zoning, and other siting considerations. We encourage any town undergoing a review of battery storage projects to meet with NYSERDA and leverage these resources which are funded by the state to support local municipalities in this process. KCE appreciates the Board's willingness to be thoughtful throughout this process to ensure that the outcome is right for the Southold community, without eliminating the ability of these critical systems to operate and provide the valuable benefits they offer. KCE is available to be a resource for the Board and any working group as this process moves forward during the extended moratorium period. There is no practical possibility that any utility-scale BESS project will break ground until late 2025 or beyond, after the publication of Inter-Agency Fire Safety Working Group recommendations, anticipated adoption of Fire Code changes and related Town Code amendments, all of which will be binding on KCE's project, or any others proposed in the Southold.That said, it is crucial that permit applications are processed in a timely manner to support time sensitive commercial and financial investment decisions necessary support of the State's 2030 climate targets. Thank you in advance for your courtesy and consideration. Please feel free to contact me with any questions via email: phil.denara@keycaptureenergy.com. Sincerely, Director,Development 1 New York State Battery Energy Storage System Guidebook-NYSERDA www.keycaptureenergy.com 1 25 Monroe Street,Suite 300,Albany,NY,12210 1 (516)279-2955 25 March 2024 Dear Town of Southold, The Battery Energy Storage System ("BESS")Task Force is a working group of eight local volunteers with a variety of backgrounds who were selected by the Town Board to provide recommendations for creation of a new Town Code. The BESS Task Force supports the proposed extension to the current moratorium.While the Task Force has worked to build an understanding of the current state of the industry and is in the process of developing our recommendations, additional time is necessary for the Task Force to gather input from the fire departments and commissioners,incorporate state working group final statements (not yet provided from the state working group),and receive community output on Task Force drafts. We also appreciate that procedural time is necessary for town officials to deliberate,amend,and implement any recommendations.The additional time will also allow for unforeseen new data or information releases that requires the Task Force to distill and update our recommendations. Respectfully, Umberto Fasolino RECEIVEE) James Kennedy John Kongoletos, PhD(Chair) ^Ad R 2 7 2024 Michael Macco Conrad Owen "';M ; Town Clerk Norm Reilly(Southold Town Fire Chiefs Council) Michael Sande Thomas Sarakatsannis