HomeMy WebLinkAboutResolution 2025-207 PLANNING BOARD MEMBERS � � MAILING ADDRESS:
w P.O. Box 1179
JAMES H.RICH III "
��� Southold, NY 11971
Chairman
OFFICE LOCATION:
MIA JEALOUS-DANK Town Hall Annex
PIERCE RAFFERTY 54375 State Route 25
MARTIN H.SIDOR �� (cor. Main Rd. &Youngs Ave.)
DONALD J.WILCENSKI �° Southold, NY
Telephone: 631 765-1938
www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Albert J. Krupski, Jr., Town Supervisor
Members of the Town Board
Denis Noncarrow, Town Clerk
From: James H. Rich III, Chairman
Members of the Planning Board ''`
Date: April 11, 2025
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 a twelve (12)month extension of the temporary moratorium on the
issuance of approvals and/or permits for Battery Energy Storage System (BESS) facilities, and
has the following comments.
The New York State Energy Research and Development Authority (NYSERDA) has not yet
finalized new fire code for BESS facilities, and has indicated that was expected at the end of
2025. After that,the Town will need time to assess its own code to ensure what is proposed for
Town zoning is consistent, and to follow the guidelines from NYSERDA which recommend that
the Town Comprehensive Plan be updated to include BESS goals prior to adopting new zoning
regulations.
And for convenient reference, below are the Planning Board comments from the original
moratorium hearing.
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
Southold Town Planning Board Page 2 April 11,2025
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
work has occurred as a result of having to wait for new guidance from the State after fires
occurred at several facilities.
An extension of the moratorium would allow the decision makers the necessary time to better
understand the science of BESS facilities and identify areas where they fit into the Town's land
use and zoning districts, energy dependency, and if they provide a measurable public benefit.
cc: Paul DeChance, Town Attorney
DENIS NONCARROW Town Hall,53095 Main Road
TOWN CLERK P.O.Box 1179
Southold,New York 11971
REGISTRAR OF VITAL STATISTICS Fax(631)765-6145
MARRIAGE OFFICER Telephone(631)765-1800
RECORDS MANAGEMENT OFFICER www.southoldtownny.gov
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
March 6, 2025
L C MC Re: Resolution 2025-207 "A Local Law
in Relation to a twelve (12)month
MAR 0 6 2025 Extension of a Temporary
Moratorium on the issuance of
50UTHOLD TOWNPLAN s9c BOARD approvals and/or permits for Battery
Energy Storage System (BESS)
facilities"
James H. Rich III, Chairman
Southold Town Planning Board
54375 State Route 25
Post Office Box 1179
Southold,New York 11971
Dear Mr. Rich:
The Southold Town Board at their regular meeting held on March 4, 2025 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. The date and time for
the public hearing is 7:00 P.M., Tuesday,April 15, 2025. Please do not hesitate to contact me,
if you have any questions. Thank you.
Very truly yours,
Sabrina M. Born
Deputy Town Clerk
Enclosures
RESOLUTION 2025-207
ADOPTED DOC ID: 21139
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2025-207 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 4, 2025:
WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk
County,New York, on the 41' day of March, 2025, 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 Storagre 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
15t' day of April, 2025 at 7:00 pm, 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 ,:1.2 month Extension
of a Tem oraaj Moratorium, on the issuance of approvals and/or ermits for BatterV
Encrgj Storage System BESS facilities" reads as follows:
LOCAL LAW NO. 2025
A Local Law entitled, "A Local Law in relation to a twelve 12 month :Extension of a
Temporary Moratorium on the issuance of approvals rovals and/or permits for Batte Lncrg
Storage System (BESSI facilities".
BE IT ENACTED by the Town Board of the Town of Southold, as follows:
I. PURPOSE - Moratorium Extension
In furtherance of Local Law 2024-309, which extended the Battery Energy Storage System
(BESS) moratorium, the Town Board acknowledges that BESS facilities are a key
component to the viability and promotion of renewable energy sources. The Town Board
acknowledges the storage systems play an important role in reducing demand and costs
associated with grid infrastructure, add capacity while lessening the burden on existing
infrastructure and deter the use of fossil fuels. However, significant public health and safety
concerns relative to the potentially volatile nature of lithium-ion batteries and battery storage
operations remain. These public health and safety concerns include location of mega-watt scale
Resolution 2025-207 Board Meeting of March 4, 2025
facilities in close proximity to established residential areas.
On February 6, 2024, Governor Hochul's Inter-Agency Fire Safety Working Group released
recommendations for inclusion in the New York Fire Code. Recently, the group announced
updates to the New York Fire Code which contain draft code language. Safety at the forefront,
these updates guide the planning of energy storage projects and code.
1. 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
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. Due to the ongoing comprehensive zoning update project being conducted by the
Town's consultants, the Town Board does not find it prudent to adopt a BESS code
where the zoning update is still being formulated. The BESS code is an integral part
of the Zoning Code for the Town. The zoning update in conjunction with the Towns
Comprehensive Plan and other applicable Town laws that will affect the BESS
facilities require input from the drafters of the NYS fire code as well as the Towns
Task Force. The timeline for the Zoning Update, due to circumstances beyond the
Towns control, will not be completed within the next few months. Upon completion
of the Zoning Draft,the Town Board must review and provide to the citizens an
extended public hearing time;
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
one (1)year moratorium was further extended by the Town Board of the Town of
Southold as Local Law 2024-309 adopted on March 26, 2024. The current moratorium is
set to expire on April 11, 2025.
The moratorium as originally enacted, extended, and still 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.
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
Updated: 2/28/2025 1:38 PM by Lynda Rudder Page 2
Resolution 2025-207 Board Meeting of March 4, 2025
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
RESULT: ADOPTED [UNANIMOUS]
MOVER: Greg Doroski, Councilperson
SECONDER:Brian O. Mealy, Councilperson
AYES: Mealy, Smith, Doherty, Evans, Doroski
ABSENT: Albert J Krupski Jr
Updated: 2/28/2025 1:38 PM by Lynda Rudder Page 3