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Home My WebLink AboutSC Planning/Moratorium Extension on BESS COUNTY OF SUFFOLK EDWARD P.ROMAINE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING SARAH LANSDALE COMMISSIONER ELISA PICCA CHIEF DEPUTY COMMISSIONER April 8, 2025 Town of Southold 53095 Main Road a „, P.O. Box 1179 (' Southold,NY 11971 Attn: Supervisor Al Krupski APR 2025 Re: Town of Southold Zoning Action: Moratorium Extension on BESS „. Municipal File No.: 2025-207 S.C.T.M. No.: N/A S.C.P.C. File No.: ZSR-25-21 Dear Supervisor Krupski: The Suffolk Planning Commission at its regular meeting on April 2, 2025, reviewed the referral from the Town of Babylon entitled, "Town of Southold 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) Facilities"referred to it pursuant to Section A14- 14 thru A14-25, Article XIV of the Suffolk County Administrative Code. The attached Resolution signifies action taken by the Commission relative to this application. Very Truly Yours, By Christine DeSalvo Joseph E. Sanzano, Planning Director JES/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,2ntl FI w P.O.BOX 6100 a HAUPPAUGE,NY 11788-0099 m(631)853-5191 File No. SD-25-02 Resolution No. ZSR-25-21 of the Suffolk County Planning Commission Pursuant to Sections A14-14 through A14-25 of the Suffolk County Administrative Code WHEREAS, pursuant to Sections A14-14 through A14-25 of the Suffolk County Administrative Code, a referral was received on March 6, 2025 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 April 2, 2025; 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 the proposed Local Law of the Town of Southold for a twelve (12) month moratorium extension on the issuance of permits and/or approvals of Battery Energy Storage System (BESS), subject to the following condition and comments: Condition: 1. The moratorium extension shall be limited to an initial three(3) month period. The Town shall return to the Suffolk County Planning Commission at the end of the three (3) month period (i.e. July 2025) to report on their progress with updates to their code for BESS facilities, and to discuss if an additional three (3) month period extension of the moratorium is warranted. Reason: On July 26, 2024, Governor Hochul announced new updates to the New York Fire Code in conjunction with the 2023 working group to examine the safety and security of energy storage systems or BESS Systems. Once the new code is adopted, the Planning Commission will then update our guidance. The Town is also encouraged to update its code in relation to BESS while the three (3) month moratorium extension is in effect. 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. (hft s://ww,n serda,n ov/All-P'ro rams/Clean-Ener _Sitin - Resources/Batts -Ener -Story e-Guidebook) 2. The Town should review the now available proposed changes to the New York State Fire Safety Code, which includes measures to promote enhanced review of BESS design and improved response to potential BESS fires by local fire departments. (https:Hdos,.ny.gov/systeni/f`iles/documents/2024/07/2024-07-25 fcn s nrd-final-draft- documenLpdf) 3. 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 allow the remainder of said application to continue to be reviewed by the Town. 4. The Town should consider allowing certain exclusions under their proposed moratorium regulations in order to meet potential and applicable legal requirements. 5. 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. 6. The Town is encouraged to review proposed and adopted BESS code amendments by other Municipalities. For example, the Town of Southampton has proposed BESS code amendments. The local law is entitled: "A LOCAL LAW to repeal in its entirety Town Code Chapter 330-162.21 entitled "Battery Energy Storage Systems in Excess of 600 kWH", and replace §330-162.21 with new Special Exception Standards entitled "Battery Energy Storage Systems 600 kWH to 5 MW (Tier Two) and parcels designated within a Renewable Energy Overlay District to a Maximum of 19 MW(Tier Three)"within the Town of Southampton."The proposed code amendment is to be considered by the SCPC on March 5, 2025 (SH-25-01). DATE: 4/2/25 ZSR-25-21 File No.: SD-25-02 Town of Southold Moratorium Extension on Battery Energy Storage Systems 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 Thomas McCarthy Present: 10 Seconded: Commissioner Kaufman Absent: 5 Voted: 10 Abstentions: 0 DECISION: Approval Date: 4/2/25