HomeMy WebLinkAbout1000-45.-5-1 S 1
BOA"MEMB
ERS S 6" Southold Ton Hall
Leslie Kanes Weisman, P
Chairperson �" �� 53095 Main Road *P.O.Boy. 1179
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Southold,NY 11971-0959
Patricia A carnpora CIO! Office Location
Eric r: antes Town Annex/First Floor,
Robert Lehnert,Jr. 54375 Main.;Road at Youngs Avenue)
Nicholas F'l an amento � Southold,NY 11971
http://southoldtownny.gov
REC
ZONING BOARD "off'APPEALS
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TOWN OF SOUTHOLD
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Town
FIENDIINGS9 DELIBERATIONS AND DETERMINATION
TATION
MEETING of MAY 612021
ZBA FILE No.: #7463 SE
NAME of APPLICANT: Suffolk County Energy Storage 11, L,L .
PROPERTY LOCATION: 69430 Main Road S Route 25), C3reenport,NY
SCTM No. 1000-45-5-1
A" 110 on.February 4, 2021,the Zoning Board of Appeals,pursuant to+6 NYCRR
art 617 of the State,E�tiviroil,n,,,ental Quality:Review Act SEQRA , and subsequent to the cornpletion 0f
coordinated review, declared itself as Lead Agency for the Unlisted Action of a proposed 'battery energy
storagey
(BESS) ,fac111'tyylocated at 69430 Main Rd, Greepor sc,"rm No. 1,000-45
UPOD a S]EQRA_ review conducted by the Southold Tows Planning epar.n e t; an the r March 1, 2021.
Notice ofDet n i ation of � � � 4 , 2021 i°ie Zoning Board of'Appeals dct n i�ned
���n �� ,1' cance on March ��
that the proposed Action will not have a significant eff� �t � ,c the �e��� viror er t� and is�'st d a, Negative
Declaration.
�� � � � � This application was referred as required under the
...
Suffolk County Administrative Code Sections A 14-14 thru A 1.4-24, and the Suffolk County Department
of Planning SCDP) issued its reply dated January 12, 2021 stating, that this application is considered a.
matter for local determination as there appears to be no significant county-wide or inter-community imp
Pursuant to the Lead.Agency Coordination:Request,the SCI:P responded on February 1, 2021 stating that
they have no objection to the Town of Southold assuming Lead Agency status and that they reserve the
right to comment on this proposed action in the fixture and want to be kept informed of all actions taken
pursuant to SEQI.A.
"I 1� v referred for review under Chapter 268, Waterfront
�111
1 1�P1�1 AT' i'l still cto s
m
Con isteinc review of t a e' owi f so a old"rown, Code and the Local Waterfront Revitalization Program
(1"'WR'�P) 'Policy Sty r�t lail-ls. "n e 1 ,, Cho ��dii tor, Issued a recommendation dated March 1, 2 ,
in
wl icl, lie stated that "based upo i the provided can the LWRP Consistency Assessment Farm
submitted to this department, as well as the records available to e, the proposal is recommended as
INCONSISTENT with the following LWRP policy standards and therefore INCONSISTENT with the
LWRP
Page 2,May 6,2021
#7463, Suffolk County Energy Storage 11,LLC
SCTM No. 1000-45-5-1
"ides L3 40 63and 6.4- The LVV-RP Coordinator noted that
sut!!�..Pj�Lin—caigz , 61 any_.,
the parcel contains poorly drained soils and that located on the eastern portion of the parcel is a
Town of Southold regulated freshwater wetland, both of which increase the potential for flooding
and surface runoff. The LW RP Coordinator also found that Pursuant to Chapter 236 Storinwater
Management of the Southold Town code shall apply and stormwater must remain on site. The
LVA`RP Coordinator reconunended that in the event the action is approved, the creation of a 100-
foot-wide non-disturbance buffer set forth in a recordable document and filed with the Clerk of
Suffolk County based upon the environmental sensitivity,, soil properties, proximity to preserved
lands and stormwater runoff, in order to meet policy standards. Further,the buffer should be. The
LWR-P Coordinator also recommended that because of seasonal groundwater fluctuations and
flooding,and potential flooding from storm surge, development of the parcel should be minimized.
The also recommended several mitigation actions to be taken by the applicant.
Summary of findings under Policy 13.3: Ensure maximum efficiency and minimum adverse
environmental impact when siting major energy generating facilities. The LVVRP Coordinator
noted that although policy 13.3 speaks to energy generation in the LVW, energy storage systems
were not contemplated when the LW"RI"wasad,opted. The LWIZP Coordinat,lor found tbat there is
a den ons,tratM needJor the facility and the use w"I"11 satisfy oad,di"tional electric ca'Paclty needs an
electric system needs. The LW -'Coordinator also found that the proposed use is expected to have
a visual impact on NYS Route 25,a New York Scenic Byway and has the capability to directly and
indirectly impact wildlife species in the area during and after construction from noise, grading,
stormwater runoff, etc.,, overtime.
"he,Zo,,n,)*ng,B oar d of Appeals has con,,s'idered, iii-I thi,s decision, all of the recommended actions and potential
it act.s., addresse n tb e '1,W,R?, DETERMINAT ION of INCONSISTENCY and, based upon the
npd i
1,111cloIrporation o,f numerous CO"NDIrl"JONS of a pproval imposed herein,,now determines the proposed action
to be CO NSISTEN"I"W"'Ith policy staridard,'s,and therefore CONSISTENT with the LW RP.
U'M,, QOMME-#,N�TS RUECE]""V'ED'FROM,ACC ENC,
ES AND 130,ARDS.
T'O'WN'0F'SO' w This application was referred to the Town of Southold
Plan I ning Board who issued its reply dated March 1, 2021.The Planning Board comments acknowledge
the benefits of the proposed battery energy storage system facility to the public. However,the Planning
Board objected to the proposed location or reasons summarized below:
1. The proposed lot coverage 47,93% exceeds allowable lot coverage of'30%,.
2. The LI Zotting District reqUit"es a front yard setback of 100 feet from a right of way in order to
mitigate visual impacts along the NYS Scenic Byway. Hei-e th e al)pf Icant has proposed a 25-foot
front ycird set bacllq
3. The P1,a,n,nin,g Board also-found that the applicant is proposing improvements to be constructed less
than the minimum setback to town regulated wetlands of 100 -feet. However, the Board notes that
the applicant has argued that section 275-3 (D)(1 (a of the Town Code does not provide minimum
setbacks for industrial uses such as the one proposed in this application-,
4. The existence of a high-quality freshwater wetland system in the rear of the property and on the
adjacent preserved open space owned by Suffolk County;
5. A finding that the parcel seasonally floods due to groundwater conditions and soil characteristics;
6. The fact that the rear portion of the parcel is located within a Significant Coastal Fish and Wildlife
Habitat Area, and;7. The Planning Board determined that the proposal is not fully consistent with ON 6.6 of the
jective
Southold Town Comprehensive Plan adopted in 2020 which addresses protecting scenic view sheds
when locating energy generating or transmission facilities.
Page 3,May 6,2021
87463, Suffolk County Energy Storage,11,LLC
SCTM No. 1000-45-5-1
1`0"WN OF SOUTI-101 =-0,I) BOAR[,� TRUSTEE-o S: The application was referred to the Board of
2 _QL
Trustees as an involved agency and as part of a coordinated review under Article 8 of SEQRA. In their
response dated March 15, 2021, they, 'trnade, recorniri,end ati ons 1,iv
based, upo, e *n tront'nental conwei-ris,
J i sh,i ri,,g a
speafiic to the Town Code Chapter 275 Wetlatids, and Shorelims w1f)'el", incitided estabili.
n 1,11 o u uffeptonI ivpecie's on t1i,eseawardsildeofthepopose
i1111 1.1m0f00t nn-dlst d
fence, containment of potential leaks into wetlands from the battery energy storage system , and raising
the elevation of structures to account for rising sea levels and to mitigate against potential flooding and
storm damage.
ER RVTION' This application as
TOW]�,�(' SOU17HIOLD, D", PAR,TME NT OF LAND..PRELS1,1A, w
26
referred to the Town of Southold Land Preservation Coordinator who issued a report dated January 29,
2021. To summarize, the Coordinator described the subject parcel and surrounding area as
environmentally sensitive with numerous public and private entities, including Federal and State, the
Nature Conservancy,and the Group for the East End,having contributed to its preservation effort. The
subject site and other properties in the immediate area are included on numerous lists for preservation
and open space,an,d1interconnected The CoordinatorfUrt li er ch SC u ssed
fundIng and goals pertaiiiiing to the"Rayto Sound Prqiect"of luking
rif6rmation',
trails which began in 2007 as work conducted on"I Own,,County and Vilhage�! reset-ves and�parks in ttie
ra P p k
Greenport area in which the subject parcel is included.
I LONIGISLAND,P WERAUTI-10FJTY AND PSEG� LONG ISLAND: In their letter of March
101) 2021, in response to the Agency Coordination Request, pursuant to SE RA, stated that they
consented to the Town of Southold acting as Lead Agency for this Action.
17 OF CONSERVATI IGN- In their Agency Coordination
NEW YORK STATE DEPA,,,RN
Response, pursuant to SEQRA, the agency stated they have no objection to the Zoning Board of
Appeals assuming Lead Agency,and additionally commented on the need for the applicant to apply for
a Wetlands Permit and a General Permit for Stormwater Discharge (SPDES).
`NT1
CY AND BOA 1,�DC 0. 1�4L 3'
m__r N, $)AGE,
' �I�A�Pl,�'kINCIIP LE OF In issuing a Negative Declaration, the Board of Appeals
recognized the potential for environmental impacts that could be generated by the proposed ESS, and
app lied the PRINCIPLE OF ON
REASABLENESS following the SEC R Handbook explanation (page 5)
regarding the term "significant"when assessing an action:
"The range of decision making by agencies and the comprehensive nature of SEQR continually
present new circumstances that require judgment to apply SEQR. For instance, SEQR asks the lead
agency to decide how many alternatives should be reviewed,how much information is enough, and
if the proposed action is really "significant." All lead agencies routinely face these and similar
questions. While there cannot be black-and-white answers to such matters, there is one basic
principle or rule that can be used- the rule of reason."Pig re 01"IsprovLd,g
mdati, 'a a"bund' a t s,U
tools 15or, basin,g Ju4g,111eLq,t _p rQ,,,cess .�y bog
how to managg the S
_�gas able
roacli;
_pj�ipcip ikinf4 has b_momeen
je o frea,5 s _p ,.S,E,Q:&j1 c
el q1_i,1Lojt.),,-actice in 11SIOD nl�
_,.Q,nablen_,L
qpp T
review of i 'it cotirts,1-gave limitedtl"ie consideration
ing,ffie ..........................Lpact:!
tt'l mhg1d b, the C,0Lflrjt ,..1n,ad�Iress, ;
jn�ags. "," ourt dec'sions have ti]lso stated that tiot
jitial, , , _t I ,e c__L1p j
of irnpagt�,,o retasonably_Lclated �_Ji
MPI i d
I I rve rni acts,rnay
,V , -ed-,5Tectj I at jb,�e ign-2ig.
CVCT co *iii ,,)a _needs to,be considei
The adverse impacts described above in comments from various agencies and boards in most cases were
based upon a review of the survey submitted by the applicant for this Special Exception application.
Page 4,May 6,2021
#7463, Suffolk County Energy Storage 11,LLC
SCTM No. 1000-45-5-1
Concerns cited included excessive lot coverage,non-conforming setbacks from property lines and wetlands,
A
the preserv,ation of scenic,view sheds and possible,or�-site flooding,'A,Motig others.1 10,NN�evei,),the applicant's
attorney,explained atboth,public hearings and in written stab missions,that the tindated stirvey submitted to
the ZBA, stamped received by the ZBA on January 15, 20,21, was rnere1y, a,nd',,w°,ou,],dtjl,t,ltnate,'I,y,
be revised during the required site plan approval process before the Planning Board and through possible
additional modifications made during approvals by other required agencies.
Similarly, the Negative Declaration adopted by this Board found that there was potential for impacts from
this project, but that through the approval process, these impacts could be mitigated and therefore would
not rise to level of"moderate to large impacts"that would have required a Positive Declaration.
Therefore, the Board of Appeals, in applying the SEQR principle of reasonableness, has determined that
although the conclusions reached in the agency and board comments received correctly identify potential
environmental and other impacts, including but not limited to the need for variance relief, these impacts
will be mitigated by the conditions imposed by the various reviewing agencies, including the conditions set
forth in this determination below.
PROPEATY FACTSIDESCRI PTION;,., The subject property is a 2.023-acre parcel located in a Light
Industrial Zone which is currently developed with a single-family dwelling and two sheds. The northerly
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property lineineas, res 300.86 feet and is adjacent to the Ma,:in Road(N'Y'S'R, ,oiite 25,)- 'tlie easte1y pro perty,
line measures 290.00 feet;the southefly Propel-ty line measures 300.00 feet.;and the Nv'es,terly,p,i,-o peg iy '],,*ine
measures 290.03 feet. The property contains approxitnate1y to tasteracre of' ' aP
, ped fresh, water,
wetlands designated by the New York State Department of Environmental Conservation delineated by D.
Lewis dated 10/17/19, as shown on a survey prepared by Robert W. Brown, LS, undated, but stamped
received 1 41alfacre of the property
ecelved by, the Zoi,,'i,inig Board of January 15, 2021. Approximately,oi e 1*
is within a'NY'S,Departni,ent of'State:designated Significant Fish and Willd,11''fe, babl'tat.
BASIS OF APPLLQ.ATJON',: Request for Special Exception pursuant to Article XV, Code Section 280 -
I-
62B(5) to construct and allow for public utility structures and uses; i.e., battery energy storage system
facility; located at 69430 Main Road (NYS Route 25), Greenport,NY. SCTM#1000-45-5-1.
77 RE(- To,,S,"FE',Q: The applicant proposes to develop a Battery Energy Storage System (BESS)
RELIE] �F
project on the stfl ect property (see pPpi,ect descr'iption below). W'hiie no standardsfor such ,s ,stems are
currently addressed in the Southold Town Code, the code does perrni't Special, Exceptlon 0 U,,se,s in a, Li lit
Industrial Zone that include "Public Utility Structures,a,nd lJses."' Whereno definition exists i1i,t'he Towri
Cok, the Board is directed to use the dictionary definition. Webster's Dictionary defines a public utility
vi-f"o rming a public sear*vice and st,kiect to
Iness oigf,-,Fntz,atton (such as an electile con"il 1,
as a bu s
rd,of Appeals lias the
B defi "n,ath is pro ,ct ass a 1)u bl,i c ut i I ity,the e B oai
I J,c
spec"al governinetvta, -ec" I at' y
authority to hear the applicant's t-eqt'iest f6r a, Special Exception permit for the proposed battery energy
storage system use.
ADDITIONAL INFORMATION-
The app licant's attorney informed the Board of Appeals from the outset, that the survey that was submitted
with this Special Exception Permit application is only a conceptual design that will ultimately be revised
into a more fully developed, more specific site plan design, based on the system requirement set forth by
LIPAI, for submission to the Southold Town Planning Board if this Special Exception application is
approved. Therefore, the ZBA understands that the subject application before us is only for approval of the
use. The applicant's attorney further explained that a Special Exception approval will enable the applicant
to meet the requirements of the Long Island Power Authority's Request for Proposals (RFP) which the
app licant has already submitted, and to obtain a IAPA contract to design and construct the proposed ESS
Page 5, May 6,2021
#7463, Suffolk County Energy Storage 11,LLC
SCTM No. 1000-45-5-1
and connect into the nearby LIPA substation. The applicant's attorney further acknowledged that, in
addition to site plan approval by the Planning Board, approvals will also be required from other agencies
and Boards.
PUBLIC COMMENTS
The Zoning Board of Appeals received numerous letters of both support for and opposition to the proposed
project. Support was largely based upon the need to stabilize the energy grid and help meet peak energy
demands using a renewable, non-polluting technology. Opposition was largely based upon concerns over
potential adverse environmental impacts due to the proximity of the proposed subject property to wetlands
and preserved open space. In summary, the general theme of those in opposition to the application was"a
a
good project in the wrong location."
PROJECT DESCRIPTION
The applicant is a wholly-owned subsidiary of Savion,LLC. Savion is owned by Macquarie Croup's Green
Investment Group and is recognized and experienced in utility-scale solar and energy storage development
in the United States. The proposed battery energy storage system (BESS) facilities will consist of battery
enclosures, which contain racks of lithium-ion batteries; inverters, which convert electricity from AC to
DC when charging from LIPA's 8J Southold Substation, and DC to AC when discharging to LIPA's
Southold Substation- transformers, which "step-up" and "step-down" the system voltage- Heating,
Ventilation and Air Conditioning (FIAC cooling systems (batteries generate heat when charging and
discharging); control instrumentation, and electric grid interconnection switchgear for the
13/69kV(kilovolt) interconnection, which provide switching and protection to the BESS's electrical
systems,- and the Project"s interconnections to both LIPA's existing 8J LIPA Substation and Suffolk County
Water Authority's existing Main Road water main. The current owner of the subject property has
authorized the applicant to seek all site related permits,prior to the contract of sale.
FINDINGS OF FACT/JkEASON�S, F(LR, BOARDACTION:
The Zoning Board of Appeals held public hearings on this application on March 4, 2021 and April 1,
2021 at which time written and oral evidence were presented. Based upon all testimony, documentation,
personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board
finds the following facts to be true and relevant and makes the following findings:
777e, Boo,'r(I has revieived',the forth 280-
1 42 qLij(fiqdT-,
A. That the use will not prevent the orderly and reasonable use oJ*adjacent properties or of
properties in adjacent use districts. The subject property is currently developed with a single-
family residence and two sheds. The majority of this parcel is cleared and the applicant indicated
that they will not be considering further clearing. The existing dwelling and two shed structures
will be demolished. The subject parcel fronts along Main Road/Route 25 and is located within the
Light Industrial Zoning District. Land uses surrounding the subject parcel include a contractor's
yard, a motel and Miniature golf course, a recreational area and hiking trails, preserved land, and
LIPA's Southold Substation and National Grid's diesel-fueled peak generation plant located 530
feet to the north from the proposed site. With the conditions of approval imposed herein, the
proposed use will not prevent the reasonable use of adjacent properties.
Page 6,May 6,2021
#7463, Suffolk County Energy Storage 11, LLC
SCTM No. 1000-45-5-1
B. That the use will not prevent the orderly and reasonable use ofpermitted or legally
established uses in the district wherein the requested use is located or of`.permitted or legally
established uses in adjacent use districts. The proposed battery energy storage system will
a public benefit and will not generate any odors air emissions,2 wastewater discharges,
traffic,, solid waste generation, nitrogen loading or noxious contaminants or byproducts associated
with other uses legally permitted on industrially zones property.
C. That the safety, the health, the welfare, the comfort, the convenience or the order of`the town
will not be adversely affected by the proposed use and its location. The Project will serve a public
utility function to enhance LIPA's local electric grid reliability and will be capable of powering up
to 28,764 homes for up to 8 hours during peak electric shortages or outages if the grid is
o perational). Moreover, it will replace the old diesel fueled peaking plant located within 530 feet
to the north with non-polluting green infrastructure technology that will contribute to the
proliferation of renewable energy consistent with New York State's Climate Leadership
Community Protection Act(CLPA .There will be no additional traffic impacts,no generation of
liquid waste and no subsurface sanitary waste disposal, no new demand for potable water, and no
odor or air emissions. Potential sound levels generated by the project will be very minimal,based
on Sound Studies with expanded Project Sound Contours that were submitted by the applicant's
consultants. Therefore, the proposed project will enhance the Town's safety, health, welfare,
comfort and convenience.
D. That the use will be in harmony with and promote the general purposes and intent of this
.A
chapter. The Project is in compliance with the Town Zoning Code 280-142. The Project is
located within the Light Industrial (LI)Zoning District, where public utilities are permitted by
Special Exception approval by the Town's Zoning Board of Appeals. With the conditions of
approval imposed herein,the proposed use is compatible with the surrounding land use pattern,
and, as a designated clean, green technology, is far less impactful than other industrial uses that
are permitted in the LI Zone.
E. That the use will be compatible with its surroundings and with the character of the
neighborhood and of the community in general, particularly with regard to visibility, scale and
overall appearance. The Project is compatible with adjacent commercial and industrial
development located to the west, north and northeast. The applicant has agreed to substantially
screen the project from view along Route 25/Main Road, a Scenic Byway and from the public
hiking trails and preserved lands to the south. The rear portion of the parcel is located within the
Pipes Cove Creek and Moore's Drain Significant Coastal Fish and Wildlife Habitat Area which is
approximately .49 acres outside the remaining 2.02 acres. The applicant is currently working with
the NYSDEC to address potential rare, threatened and/or protected species present on the parcel
and has commissioned an independent environmental consultant (AKR-F, Inc.) to address the
identified species of concern. The applicant states their readiness to work with the Planning Board
during the required site plan review process and will submit to the Planning Board a specific design
proposal that will include a landscaping plan for a buffer from the wetlands and to visually screen
NYS Route 25 (Main Road) from the BESS installation, in compliance with the conditions of
approval imposed herein.
F. That all proposed structures, equipment and material shall be readily accessible for fire and
police protection. The Project will be engineered, procured and constructed subject to the Town
Fire Marshall's review and approval and the NY State Fire and Protection Building Codes and will
connect with the Suffolk County Water Authority main located in NYS Route 25 for fire
suppression use only.
Page 7,May 6,2021
#7463, Suffolk County Energy Storage 11,LLC
SCTM No. 1000-45-5-1
G. That the proposal shall comply with the requirements of Chapter 236, Stormwater Management.
As part of the approval process that the applicant must go through if a special exception is approved
will be the preparation of a stormwater management plan that is subject to the approval of the Town
Engineer. In addition, if the project, in the opinion of the Town Engineer,meets certain criteria set
forth in chapter 236 of the Town Code, the applicant may be required to prepare a Stormwater
Pollution Prevention Plan WPP) for review by the Town Engineer, the Town Planning and
Building Departments, as well as NYSDEC, Region 1.
In making such determination, consideration was also given to:
A. The character of the existing and probable development of uses in the district and the
peculiar suitability of such district for the location of any of such permitted uses.
B. The conservation of property values and the encouragement of the most appropriate uses
of land.
C. The effect that the location of the proposed use and the location that entrances and exits
may have upon the creation or undue increase of vehicular traffic congestion on public
streets, highways or sidewalks to assure the public safety.
D. The availability of adequate and proper public or private water supply and facilities for
the treatment, removal or discharge of sewage, refuse or other effluent (whether liquid,
solid, gaseous or otherwise) that may be caused or created by or as a result of the use.
E. Whether the use or the materials incidental thereto or produced thereby may give off
obnoxious gases, odors, smoke or soot.
F. )AThether the use will cause disturbing emissions of electrical discharges, dust, light,
vibration or noise.
G. Whether the operation in pursuance of the use will cause undue interference with the
orderly enjoyment by the public of parking or of recreational facilities if existing or if
proposed by the Town or by other competent governmental agencies.
H. The necessity for bituminous-surfaced space for purposes of off-street parking of vehicles
incidental to the use and whether such space is reasonably adequate and appropriate and
can be furnished by the owner of the plot sought to be used within or adjacent to the plot
wherein the use shall be located.
I. Whether a hazard to life, limb or property because of fire, flood, erosion or panic may be
created by reason of or as a result of the use or by the structures to be used therefor or by
the inaccessibility of the property or structures thereon for the convenient entry and
operation of fire and other emergency apparatus or by the undue concentration or
assemblage of persons upon such plot.
J. Whether the use or the structures to be used will cause an overcrowding of land or undue
concentration of population.
K. Whether the plot area is sufficient, appropriate and adequate for the use and the
reasonably anticipated operation and expansion thereof.
L. Whether the use to be operated is unreasonably near to a church, school, theater,
recreational area or other place of public assembly.
M. Whether the site of the proposed use is particularly suitable for such use.
N. Whether adequate buffer yards and screening can and will be provided to protect adjacent
properties and land uses from possible detrimental impacts of the proposed use.
Page 8,May 6,2021
#7463, Suffolk County Energy Storage 11, LLC
SCTM No, 1000-45-5-1
0. Whether adequate provision can and will be made for the collection and disposal of
storm eater runoff, sewage, refuse and other liquid, solid or gaseous waste which the
proposed use will generate.
P. Whether the natural characteristics of the site are such that the proposed use may be
introduced there without undue disturbance or disruption of important natural features,
systems or processes and without risk of pollution to groundwater and surface waters on
and off the site.
BOARD R�ESOLULIQN: In considering all of the above factors,, motion was offered by Chairperson
Weisman, seconded by Member Acampora, and duly carried to
GRANT a Special Exception for the proposed battery energy storage system use,,,without approval of the
conceptual survey, undated and stamped received by the ZBA on January 15,2021,
SUBJEC,71'TO'T1`�4,FOLLOWING CQNDI 1E0
To protect the freshwater wetlands system, preserved land, and the Significant Coastal Fish and
Wildlife Habitat Area on and adjacent to the subject property, the applicant shall:
a. Establish a minimum 0-foot-wide vegetated non-disturbance buffer area consisting of
natural and existing vegetation landward of and along the entire length of the freshwater
wetlands boundary. Areas void of beneficial vegetation, shall be supplemented with
native and flood tolerant plantings and continuously maintained as specified by the
Planning Board during the required site plan review process.
b. All wetlands within 100 feet of the property line shall be delineated again for the site plan
application to the Planning Board, and inspected and confirmed by the Southold Town
Trustees and the DEC, before being added to the survey for site plan review.
c. File Covenants and Restrictions with the Clerk of Suffolk County, as approved by the
Southold Town Attorney, prohibiting structures of any size or kind in the non-disturbance
'buffer zone on the subject property and establishing that prohibition and the required
buffer in perpetuity.
d. Install a project limiting fence on the landward side of the non-disturbance buffer, as
specified by the Planning Board during the required site plan review process.
e. Obtain and submit to the Planning Board an on-site survey from a qualified wild life
biologist to access the presence of any protected species found in the Significant Coastal
Fish and Wildlife Habitat Area that may v also be present on the subject property,
including but not limited to the Northern Long Eared Bat, and to include recommended
protective measures as/if needed.
2. The applicant shall obtain site plan approval from the Southold Town Planning Board and, based
upon the final approved site plan, apply for and obtain any other additional approvals as required
by state, county, and local codes and regulations.
r-r e adjacent 1,1 trails11king
3. .1 0 protect the chal cleter of Main Road/Route 25, a scenic byway, and the n
and preserved land, the applicant shall provide and continuously maintain evergreen and other
landscape plantings to screen from view the entire subject property and all structures located
thereon, except for the entry gate access from Main Road/Route 25, as specified by the Planning
Board during the required site plan review process.
4. The applicant shall Submit a stormwater management plan to be approved by the Town Engineer
Page 9, May 6,2021
47463, Suffolk County Energy Storage 11,LLC
SCTM No. 1000-45-5-1
in compliance with Chapter 236 of the Town's Storm water Management Code and/or a SWPPP
as determined by the Town Engineer.
5. The applicant shall conduct soil borings and analysis during the month of May to assess seasonal
groundwater fluctuation.
6. The applicant shall remove the existing sanitary system and cistern on the subject property.
7. The application of fertilizers and herbicides shall be prohibited on the subject property unless
necessary to establish a land cape/vegetation plan as specified by the Planning Board during the
required site plan review process.
8. All structures located on the subject property shall be designed to be flood tolerant and minimize
ground disturbance as determined by the Planning Board during the required site plan review
process.
9. To reduce noise from the operation of the BESS interfering with the quiet enjoyment of the
adjacent hiking trails,preserved land, and surrounding properties, all structures located on the
subJect property shall be desli one d,to,be acoustically SOUndproofed to the greatest extent possible
as approved by the Planning Board during the required site,plan revi'm process.
10. To protect the life cycles of plants and animals in the nearby Significant Coastal Fish and
Wildlife Habitat Area, and to preserve the dark skies,the applicant shall install the least obtrusive
minimum total lumens of exterior lighting necessary to comply with required safety and security
regulations, install motion sensors to reduce the amount of light, and install lights with a
maximum color temperature of 2,700 Kelvin, and any other mitigation to reduce sky glow and
light pollution as approved by the Planning Board during the required site plan review process.
11. The applicant shall submit a decommissioning plan for the battery energy storage system to the
Town of Southold Planning Board and the Town Attorney's Office, to be implemented upon
abandonment, or cessation of activity,or in conjunction with removal of the battery energy storage
system or structure that shall ensure that the site will be restored to a useful,nonhazardous condition
without delay, with details including, but not limited to, the following:
(a) The manner in which the battery energy storage system will be decommissioned;
(b) Removal of aboveground and below ground equipment, structures and foundations;
(c) Restoration of the surface grade and soil after removal of equipment;
(d) Revegetation of restored soil areas with native seed mixes,, excluding invasive species;
(e) The time frame for the completion of site restoration work.
12. Prior to issuance of a building permit, the owner or operator of the battery energy storage system
facility or structure shall post a performance bond or other suitable guarantee in a face amount of
not less than 150% of the estimated cost, as determined by the Town Engineer, to ensure removal
of the system or structure in accordance with the decommissioning plan described above.The
form of the guarantee must be reviewed and approved by the Town Engineer and Town Attorney,
and the guarantee must remain in effect until the system is removed. Review of the guarantee by
the Town Engineer and Town Attorney shall be paid from an escrow established by the applicant.,
prior to removal of a battery energy storage system or structure. A demolition pennit for removal
activities shall be obtained from the Town of Southold
13. This Special Exception pen-nit requires that the applicant complete construction on the battery
energy storage system and begin the approved special exception use in compliance with the
Page 10, May 6,2021
#7463, Suffolk County Energy Storage 11,LLC
SCTM No. 1000-45-5-1
conditions imposed by the Zoning Board of Appeals within two years from the date of site plan
approval by the Southold Town Planning Board, or submit in writing to the Board of Appeals
before that date,, a request for an extension, stating the reasons why this time frame cannot be met.
14. In accordance with the Zoning Board of Appeals, approval shall thereafter be deemed a lawful
use as if the same were permitted by this chapter without need for a special exception permit;
provided, however, that:
a. All conditions imposed by the special exception approval shall continue to apply
unless they, by their express terms, are of limited duration.
b. All conditions imposed on special exception approval uses generally or specifically
by this chapter shall continue to apply, regardless of whether any such conditions
were expressly incorporated into the special exception approval.
c, The Zoning Board of Appeals shall retain continuing jurisdiction over the same.
d. The duration of a special exception use may be limited to a specified time period as set
forth in the approval of the Zoning Board of Appeals; if the approval is silent as to the
duration of the special exception use, then said use shall be in perpetuity.
e. A special exception use which has been discontinued for a period of one year or more
shall be deemed abandoned.
15. Failure to comply with any of the conditions imposed herein will render this Special Exception
permit approval null and void.
That the above conditions be written into the Building Inspector's Certificate of`Occupancy, when issued.
NOTE.- Violations of`+Condition . A violation of cony limitation or condition of a special
exception approval or of any provision of this chapter applicable to a special exception
use shall constitute a violation of this chapter. The Zoning Board of`Appeals shall retain
jurisdiction and shall have the right, after a public hearing, to m odify, suspend or revoke
such approval or any term or condition thereof or to impose thereon one or more new
conditions,pursuant to Article XXV, Section 280-141 o the Town Code.
)f
Vote of the Board: Aves: Members Weislp
.-Acarnpora, Dantes,.Lehnert
This Resolut,ion was dul adopted (4-0)
(A, ,sent was Meni.ber P
4,
Leslie Kanes Weisman, Chairperson
Approved for filing 2021
OFFICE LOCATION: MAILING DRESS:
Town Haab.Annex f S'0104 P.O. Bo 1179�
54,3'75 State Route 25 Southold, NY��9'7�.
(cor.. Main Rd. &Youngs Ave.
Southold, Telephone. 6 1 '765-19°` S
www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SCATT'Y'HOLD
MEMORANDUM
To Leslie Weisman, ,SBA Chairperson
Members of the Zoning;hoard of Appeals
From: Donald J. Wilcenski, Planning Board Chairman
Members of the planning :Board
Date: March 1, 2021
Re:* Request for Comments for
SUFF LK COUNTY ENERGY STORAGE II, LLC
SCTM#1000-45- -1 ZBA File Number#7463 SE
.FOLK COUNTY ENERGY STORAGE II, LLC #7463SE----Request for a Special
Exception pursuant to Article X , Section 2 0- 2B(5), the applicant is requesting permission to
construct a battery energy storage system facility; located at 69430 Main:Road (NYS Route 25),
Greenport, NY. SCTM#1000-45-5-1.
The Planning, Board performed a site inspection of the property on February 25, 2021 and does
,o L,.s tAv) for the following reasons
1. The project proposes to increase lot coverage to 47.93 percent from 7.48 percent (it is
unclear if the wetlands were assessed in lot coverage). The maximum permitted lot
coverage in.the Ll Zoning District is 30 percent. A variance of lot coverage would set a
precedent for the Light Industrial Zoning District if not specifically related to this type of
use.
2. The project is located within the right Industrial Zoning District and § 2 0-64 :front yard.
setbacks of the Southold Town Code requires that structures be set back at least 100 feet
from a right-of-way. A 2.5' front yard setback from the right of way (NYS Route 2 is
proposed. NYS Route 25, 1s a designated Scenic Byway and the 1.00-foot setback 1s
required to mitigate visual impacts from light industrial uses. A significant variance of
the setback would set a precedent for the Light Industrial Zoning District if not
s *f peci ically related to this type of use.
3. The high-quality freshwater wetland system occurs in the rear of the property and
continues on preserved open space owned by the Suffolk County. A total of 14 to 17
structures (depending on cabinet layout) would be located within or partially within 100'
of the wetland. A minimum setback to the wetlands per Chapter 275 Wetlands and
Shorelines of the Southold Town Code is 100 feet. The Southold Town Board of Trustees
has not made a decision on the proposal.
4. The parcel floods. The site 'inspection confirmed that the parcel seasonally floods due to
groundwater conditions and soil characteristics. Many areas of ponding (standing water)
were observed during the site 'inspection and the soils were saturated on the majority of
the parcel. The threat of flooding from groundwater, soil conditions, sea level rise and
hurricanes 'I's a risk to the structures and facility.
5. The rear portion of the parcel is located within the Pipes Cove Creek and Moore's Drain
Significant Coastal Fish and Wildlife Habitat Area; an area of high ecological
significance.
6. The proposal is not fully consistent with objective 6 6 Protect scenic,, natural, and
cultural resources while planning for the provision of`adequate energy for the future
which provides analytical guidance when planning for an energy application. The
proposed application is analyzed below:
The Natural Resources and Environment Chapter of the Southold Town Comprehensive
Plan (2020 addresses energy.
A I Protect scenic qualities important to the community ftom public vantage
points including New York State Route 25 and Suffolk County Route 48 when
locating energy generating or transmiss ion facilities.
B I Protect natural resources and environmental qualities when locating energy
generating or transmission facilities.
Mitigate adverse impacts through:
* Burying transmission lines
The proposal includes the burying of transmission lines.
e Supporting innovative designs
The facility provides supporting infrastructure for energy storage to address
energy needs.
,11'
Requiring significant vegetative buffering
The applicant has indicated that a vegetated buffer will be installed with
evergreen trees to screen the facility from the road. The details of the vegetated
buffer (tree height, specifications and spacing) have not been provided.
Requiring large setbacks
As discussed above,,the project shows a 25' front yard setback from the right of
way (NYS Route 25) § 280-64 Front yard setbacks of the Southold To Code
requires that structures be set back at least 100 feet from the right-of-way. This
provision is to mitigate visual impacts from light industrial uses. NYS Route 25
is a designated Scenic Byway.
I I Discourage facilitiesftom locating in designated environmentally
sensitive areas.
rr
The parcel is located in a designated 1 environmentally sensitive area. The
rear portion of the parcel is located within the Pipes Cove Creek and
Moore's Drain Significant Coastal Fish and Wildlife Habitat Area; an area
of high ecological significance.
2 1 Preclude the potential degradation of coastal resources by locating-
and'constructing new electric energy generatinglequ*mentl transmission
facilities so that they would not adversely affect:
o Designated SCFWHs
The parcel is adjacent to the Pipes Cove Creek and Moore's Drain
Significant Coastal Fish and Wildlife Habitat Area; an area of high
ecological significance. The applicant has contacted the New York
State Department of Environmental Conservation Natural Heritage
Program and threatened habitats and protected species have been
identified as potentially occurring adjacent to the parcel.
•Habitats critical to vulnerable fish and wildlife species,
vulnerable plant species, and rare ecological communities.
The majority of the parcel is cleared. The proposal would not
directly result in additional clearing of habitats.
* Wetlands and protected natural features.
A I O-acre freshwater wetland occurs on the parcel in the east
comer. Structures would be located within or partially within 100'
c 13
of the wetland. Since the build out is intense, the applicant is
proposing a minimum of 10' wide buffer from the wetland
boundary. This width is insufficient to provide protection of the
wetland from developmental impacts and to mitigate flooding of
the property from the expected seasonal expansion of the wetland
(flooding).
E I Work with energy providers through the specific area planning process to
ident ify appropriate coastal locations for major energy generating or
transmission facilities. Consider coastal locations where a clear public benefit is
established using the follow ingJactors.
* There is a demonstrated need for the facility.
It is recognized that there is a need for public utility battery storage facilities to
store electricity to meet peak electrical demands and during emergencies in the
Town.
• The facility will satisfy additional electric capacity needs or electric system
needs.
Yes, the facility could provide-power to 28,746 homes for up to 8 hours during
electric shortages or outages (if grid is operational). The applicant states that the
facility would serve as a public utility function to enhance reliability of the
electrical grid.
e Alternative available methods cif power generation and alternative sources of
energy cannot reasonably meet the public need.
The purpose of the facility is to store power. It does not generate power.
m. • Upgrades of existingfocilities cannot reasonably meet the public need
• The facility incorporates feasible public recreational uses.
No public recreational uses are proposed. It is important to note here that the
facility would be visible from the Bay to Sound Trail.
The proposal does not fully support Objective 6.7 of the Southold Town
Comprehensive Plan which states: Ensure maximum efficiency when siting major
energy generating facilities.
A I Achieve maximum transmission ejpciency by siting major energy
generating facilities close to load centers.
'I", fl e 14
The facility is proposed to be interconnected to the LIPA 8J Southold
Substation located 750' to the northeast. Maximum transmission
efficiency would be achieved if the facility were located on LIPA's 8J
Southold Substation property.
B I Work with energy providers to co-locate) where possible,facilities
such as transmission lines,pipelines, substations, and terminals.
The co-location of this or similar type facility on PSEG/LIPA owned
property is supported.
C I Encourage the adoption of designated generation and transmission
and facility sites and corridors to protect against incompatible
development and to maximize increased capacity.
The parcel has not been adopted or designated as a battery energy storage
system facility site.
The Planning Board acknowledges the benefits of the proposed battery energy storage system
facility to the public. However,the location proposed is not supported due to the reasons stated
above.
Thank you for this opportunity to provide comments. If you should have any questions or require
additional information, please do not hesitate to contact the Planning Department.
FI -Cig
From: James Haag <jamesfhaag@yahoo.corn
Sent: Monday, February 08, 2021 10:1 Z AM
To; Palmeri, Allison
Subject: Greenport Preservation Land/Suffolk County Energy Storage
RECEIVED
F
E B 0" 8 2 0 2 1
Allison, thanks for sharing this with your colleagues. Uthold Town
Nanning r
Good morning friends ,anad neighbors on the Planning Board. This is Jinn Haag and I am writing you from
Orchard Street in orient where I have lived for 23 years.
I a.m.writing to ask to please consider denying the proposal to turn over the wild 2 acre preservation-slated land
on route 25 in Greenport to a battery storage facility.
This is our only chance to save this parcel which is already on the town, county and state's preservation list due
to its location in an environmentally sensitive area. once this is developed there is no turning back..
The entire north fork., and. Greenport in particular, is desirable because of our plan to maintain its beauty and
rural quality. Every time we make a decision to cut into that plan we lose a bit of our specialness and ourselves.
If you have ever taken the LI:RR into towns up-island or driven on. Sun-rise highway from Babylon west you can
see what happens when money wins out over character.
People try to bend preservation plans and compromise existing visions for the town using a cliched jargon
about greenhouse gas. This project is just a big, back up generator and is not a solution to a critical
problem. The wildness of this property and then nature it protects is every bit as important to the environment,
and it offers many other benefits to the citizens
Preserving natural trees and vegetation that allow the earth to breathe and :fight greenhouse gas
—Preserving space ,and natural character
Providing a home for wildlife
Helping us to breathe emotionally and increase our duality of life.
If this is so critical, perhaps there is an already developed, dilapidated area that can be repurposed for that use..
But honestly, my friends in Greenport rarely have problems with their power grid.
Please stay with your preservation plan. I see from previous decisions that this Board understands what makes
this north fork special and I hope you will remain true to that vision.
`sincerely,
Janes Haag
4725 orchard Street
Orient NY 11957
+ _31 2 452
4 "c OFFICE LOCATION:
M i/IJI A A FJOa✓'"iu
� 00
Town HMI Annex
LAND PRESERVATION COORDINATOR �� 54375 State Route 25
1 y
1�
melissa.spirotownrsoutholdrny.us � �� (comer of Main Road&Youngs Avenue)
Southold,New'York
e 31 7d5-5711 �,
Telephone(� } �
A
a
r �u`y MAILING ADDRESS:
www.southoldtownny.gov ��
, � P.O. Box 1179
N
Southold, NY 11971-0959
IIEPARTM ENT OF LAND PRESERVATION
TOWN OF S O1...TTHOLD Y u
RECEIVED
TO: Leslie K. Weisman, ZBA Chairperson ..
pp
FROM: Melissa Spiro, Land Preservation Coordinator
o 0 , n
DATE: January 29, 2021Planning Board
SUBJECT: Request for Comments—ZBA#74+63
Suffolk County Energy Storage ll, LLC
SCTM# 1000-45.-5-1
Thank you for referring the above mentioned application to me for review and comment.
The subject property is Located within an environmentally sensitive area and the preservation
efforts by many entities reflects this. Years of preservation efforts have resulted in over 325
J acres in the immediate area being permanently preserved for purposes of open space
u
preservation and public access. Numerous public and private entities, including Federal, State,
i' County,Town,The Nature Conservancy and the Group for the East End, have contributed to
this effort, spending over 12.7 million dollars to acquire and improve these properties for open
space purposes and public access. J
r
1
. III ' fug
The subject property shares two boundary lines with Count parkland which is art of the 160+
1 p p y y �` p p
acres of preserved lands known as the Pipes Cove Preserve. The subject property is across the
street from 105+ acres of reserved lands known as Arshamoma u Preserve. M nJ
p q e e. any of the
ro erties within the Pipes Cove Preserve have similar zoning designations (LI and LICJ as thatp p p g g � a � ,
of the subject property, establishing precedent for preservationof pr
operties within all zoning �
u
districts in this area.
JI
1
` The subject site, and other properties in the immediate area, are included on numerous lists for
potential preservation, including the Ton's Community Preservation Plan, Suffolk County's
Open Space Master List,the DEC's open Space Plan and the Peconic EstuaryPartnership Critical
t
Lands Protection Strategy, Preservation efforts in this area have been ongoing for years, and it
is expected that preservation will continue in this area.
The Land Preservation Committee reviewed the proposal for the subject site. The Committee laj
hopes that a less environmentally sensitive site, and one outside of an area of such significant ''" y
existingand potentially future reservation efforts an be found for this p y p , c o f s proposed use'Al
Maps showing the extent of preservation in the area are included with this memo. fig'
Page 1 of 5 1
f'
(f
John Sepenoski, GIS Technician/Land Management Coordinator, has provided information
pertaining to the significant Bay to Sound Project in the immediate area. The Bay to Sound
Project encompasses lands adjacent to, and in the vicinity of,the subject parcel. New public
trails►mere established in this area and opened to the public in 2018. One such public trail is
approximately 100 feet from the boundary of the subject property and the subject property is
visible from multiple locations along the trail. The incremental process of purchasing lands in
this area started years ago.The steps to make these lands available for the public to access and
enjoy is an ongoing long-term project. Current and past partners involved with the Bay to
Sound Project have included Town, County, NY State, Greenport Village, Peconic Estuary
Partnership, Group for the East End, Boy Scouts,Audubon and volunteers from the general
public.The Project has involved several phases of grant funding,totaling over$470,000.
Details pertaining to the Bay to Sound Project,grants for the project and a map of existing and
proposed trails are included with this memo.
The subject site is environmentally sensitive, adjacent to and interconnected with the adjacent
preserved lands.John Sepenoski has pointed out that:
• Parcel is bounded on two sides by Suffolk County parkland that includes a public trail and is part
of the Bay to Sound Trails project.
0 Public trail is approximately 100 feet from the boundary of the parcel at its closest.
0 Current structures on the parcel are visible from multiple locations along the public trail over an
approximately 550 foot section of the trail, proposed structures would be visible too, unless
screened.
0 Approximately one half acre of the parcel is within a NYS DOS designated Significant Fish &
Wildlife habitat.
Approximately one quarter acre of the property is mapped as freshwater wetlands.
0 The entire parcel is within the NYSDEC freshwater wetland check zone,indicating that it should
be checked for additional wetlands.
0 The bulk of the parcel is currently mowed as lawn. Within 800 feet of this location a similar
lawn area that was no longer mowed after the Town purchased it naturalized with wetlands
vegetation without the Town planting anything,the same would likely occur on this parcel
indicating that there are potentially additional wetland areas on this parcel.
0 Based on proposed coverage of the parcel.,stormwater runoff will be significantly increased
compared to current conditions.
• Based on NYS DEC wetlands delineation conducted for the Bay to Sound project,there are
additional wetland areas on the County parkland not shown on the DEC wetland map but within
the check zone that could be impacted by run off from this parcel.
0 The parcel currently drains to two wetland areas on the adjacent County parkland. One of these
areas flows into a tidal pond connected to Pipes Creek via a culvert under Pipes Neck Rd.
0 The Town,The Nature Conservancy and the Peconic Estuary Partnership are currently
investigating changes to the culvert noted above designed to restore the tidal pond and
adjacent areas to reduce the invasive phragmites present on the County parkland.
Please feel free to contact me if you would like any additional information pertaining to
preservation efforts in this area or John Sepenoski for additional information regarding the Bay
to Sound Project.
Page 2of5
Location Map. Preserved Lands indicated with color designation
kh Town Open Space
County Open Space
Town/County Open Space
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Page 3 of S
Bay to Sound Project:Trail Map
Red= Existing trails open to the public
Blue=Trails under construction,due to be completed in March 2021
v ;
o
111
i
i<
f
i
a to,Sound Project inIbrm,altiolnt
Began in 2007
Work has been conducted on Town,County and Village preserves and parks in the Greenport
area
• Current and past partners include the Town,County,NY State,Greenport Village, Peconic
Estuary Partnership,Group for the East End,Boy Scouts,Audubon and volunteers from the
general public
Funding:
o Phase 1 funded in 2008 by NYS DOT$72,000 and Suffolk County$35,000 with the Town,
Croup for the East End, Boy Scouts and Audubon providing$52,000 of in-kind match
including over530 hours of volunteer time
a Phase 2 funded in 2016 by NYS COOS LWRP grant for$245,000 matched with the Town
providing$245,000 with the acquisition of the Sill property
Page 4 of 5
• Phase 3 funded in 2017 by NYS DOS LWRP grant for$120,000 matched with the Town
providing$30,000 with the acquisition of the Sill property and$10.,000 with employee
and volunteer in-kind services
• Town has used CPF stewardship funds on CPF properties within the project area for trail
infrastructure and regular maintenance outside of above funding
Goa Is are:
o Interconnect preserves and parks in the Greenport area via hiking trails, bike paths and
blue way trails in order to create connections among the preserves and parks,including
a non-motorized connection from the Peconic Bay to the Long Island Sound
o Create additional trails on existing publicly owned open space
o Acquire additional open space for additional trails and public access
o Conduct habitat restoration
o Develop, conduct and provide nature,open space and citizen science programs,surveys
and educational materials
Currently discussing and/or planning for:
o 2.3 miles of new trails on 60 acres of Town open space
o 1.3 miles of new trails on 75 acres of County open space
o Conceptual plans for 25 acres of County open space
o Additions/enhancements to bike paths as part of the County Hike and Bike Master Plan
o Kayak launches/landings/trails as part of the County Blue Way Trail project
o Updating Town CPF plan to include additional properties for potential fee title or
easement acquisitions
o Participation of private land owners in the project
cc: Planning Board
Page 5 of 5