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HomeMy WebLinkAboutLl #04 2025 STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA KATHY HOCHUL 99 WASHINGTON AVENUE GOVERNOR ALBANY,NY 1223170001 WALTER T. MOSLEY HTTPS://DOS.NY.GOV SECRETARY OF STATE April 24, 2025 RECEIVED Lynda M. Rudder 2 9 2025 Deputy Town Clerk , 53095 Main Road, P.O. Box 1179 Southold, NY 11971 Souftld Town Clerk RE: Town of Southold To Whom it May Concern: Local Law 4 of the year 2025 was filed with this office on April 22, 2025. The Department of State Local"Law Index Number 4 of the year of 2025. The Local Law number assigned by the Department of State for indexing purposes may be different from the Local Law number ascribed by the Legislative Body of the Local Government. Department of State / Division of State Records (518) 473-2492 www.dos.ny.gov J *The Local Law filing form has been updated as of 03/05/2025 in compliance with Section 27 of the Municipal Home. Rule Law* t K Department STATE of State COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3. A. Sigp�s re ■ Print your name and address on the reverse X r///� ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Receive by(P'nted ame) C. ate of Delivery or on the front if space permits. 2 Q I. Article Addressed to: I `= ' D..Is delivery; different from item 1 ❑ es If YES,enter delivery address below: ❑No Home Rule Counsel Assembly Post Office 210 Legislative Office Building Albany,NY 12249 3. 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Thank you. z v&U 9 w+ E MAY 14 2025 Denis Noncarrow Town Clerkr,�. Attachments '` �� . ., cc: Suffolk County Department of Planning ZogIslad`State,Park Coatnntssion Email: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton i Southold Town Planning Board Southold Town Trustees i Southold Town Assessors Southold Tov.T Board of Appeals So thold Town Building.Department ' Date: r '. Si t�ure, Rece d By �!—�'"" Please print fame l� DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK SUFFo[�-co DENIS NONCARROW =� G.y� Town Hall,53095 Main Road TOWN CLERK p- P.O.Box 1179 y Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ZO .�C Fax(631)765-6145 MARRIAGE OFFICER y RECORDS MANAGEMENT OFFICER �0,� �aO Telephone oldt nny.gov FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 17, 2025 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 iattery E,net a Storage-System (BESS) At-Nriiries Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. RECEIVED APR- 2 9 2025 Southold Town Clerk Denis Noncarrow Town.Clerk Attachments cc: Suffolik C© fiient>f Planning ' Long Island State Park CommissionEmail: Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Trustees S i�thnlci Tnvun Assessors Soutl nld Town Bnard of ApnP l ` .Southold Town Building Department Date: ignature, Received By Title: A&IhISVC0AVtks4t , Please print name DUPLICATE TO BE SIGNED ANDRETURNED TO SOUTHOLD TOWN CLERK DENIS NONCARROW Town Hall,53095 Main Road �* ""r TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICERS ' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER •� www southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 17,2025 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: �cA I;o'caI Law ra°relsrhou'to a'tivelve�Yhl=montlt`Ea,fenson of�a"Tem�orary:11�1oratoririm on the issuaaee oAaanrovals anti/or pernifts1or'Bane"t y.EnerQy' fora a ysterr:(BESS) facilities. Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. Thank you. ;rjxvAo1Vt4a t.r 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 fil 1 D 4-j Sr ure,Recerved By Title SifSJ Please print name DUPLICATE TO BE SIGNED AND RETURNED TO RECEIVE® SOUTHOLD TOWN CLERK APR Z� 2,120 Southold Town Clerk DENIS NONCARROW 'lbws Hall,53095 Main Road. x,+ _ + , TOWN CLERK '• P.O.Bog 1179 ` .` Southold,New York 11971 REGISTRAR OF vITAL STATISTICS Fax(631)765-6145 .. MARRIAGE OFFICER ' r s Telephone(631)-765-1800 RECORDS MANAGEMENT OFFICER ` •. wwwsoutholdtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 17,2025 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: "A Local Law in relation:til a-fvuel#e(1.2��ont���tension:of-t Ti maorq&'.-M6 ratorium on the issuance &.. .. .. -�acil ties of:auartiv ls:'a�iclfa� +�rm�itaf+or-�attery>:l�nor �.'la�ra. S�s�e . •.:����: .- Please sign the duplicate of this letter and return to me at your earliest convenience 'in the self-addressed envelope. Tharik 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 (�I Date,". 'Y ?.trJ Zit Signature,RpReceived By (1 r `l1An •V(.r).Q.f Pr� Title: k),) Please print name DUPLICATE TO BE SIGNED AND RETURNED TO RECEIVED SOUTHOLD TOWN CLERK OR 2 1 Southold Town Clerk DENIS NONCARROW _ •,'. Town Hall,53095 Main Road TOWN CLERK. ,® ' P.O.Box 1179 ua Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS -X Fax(631)765-6145 MARRIAGE OFFICER 'v'' �'°' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER `S` wwwsoutholdtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 17,2025 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 tivelve•(12) month Ex tension of•a-Temnarary Moratorium on-the issuance of'anarovals a'nd%ar'hermits far.Battery Ener. y Stora e.5ystem (BIESSI'facilities Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. 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 ti /41 f. u � .'- ` �Q •. Date: ignature,Received By (LC` M QC-kae.4 Title: &WVtol� S�uic� fD LOXI Please print name RECEIVED DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK APR 18 2025 Southold Town Clerk DENIS NONCARROW ;i,. ;�i' Town Hall,53095 Main Road TOWN CLERK �i ` P.O.Box 1179 e :i Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® ° Fax(631)765-6145 MARRIAGE OFFICER ; �_. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER .�_" "y '` www.E;outholdtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 17,2025 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law entitled: "A Local Law In.relatiowto w'velvet(121,month-Ea'tension of a Tem iorary'Moratorium on•the"issuance: of anarovals'and/or`neriinits fora'Battery l+;ncrhv'Stora a-SV tem (BESS)tfacili6es Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. 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 Buildi. Department Date:_ Signal` i,Re'ceived By Title: �L' Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK DENIS NONCARROW F.Zd r/� Town Hall,53095 Main Road TOWN CLERK c P.O.Bog 1179 Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 0 . Fax(631)765-6145 MARRIAGE OFFICER !y�O NO . Telephone(631)765-1800" RECORDS MANAGEMENT OFFICER www.southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 17, 2025 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 &twelve (12)month Extension of'a Temporary Moratorium on the issuance of-annrovals.and/or�nennits:for-.Battery-Energy-Storage System(BESS).facilities Please sign the duplicate of this letter and return to me at your earliest convenience in the self-addressed envelope. 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,Receiv d lU�l4PiG r P-r's ~ Title: Please print name DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK DENIS NONCARROW ,.��+ .y 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 Q! . .� Telephone(631)765-1M FREEDOM OF INFORMATION OFFICER wwW southoldtowiv ���® OFFICE OF THE TOWN CLERK APR 17 203 TOWN OF SOUTHOLD April 17, 2025 Southold Town Cleric 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 Ektens on of a Temnorarv-Moratorium on the issuance. :of approvals and/ Battery=)Cner�y,Sfara a System.BESSI fac lifies Please sign the duplicate of this letter and return to me at your earliest convenience in the self,-addressed envelope. Thank you. t,r 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 ®'®�u������®� 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 April 17, 2025 Priority Mail Express] EE 380 079 464 US ----- - --- - -- -- - --- - - I. RE: Local Laws No. 4 of 2025 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 Local Laws No. 4 of 2025 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, taM Rudder Deputy Town Clerk Enclosures cc: Town Attorney • A New York State Department of State DIVISION OF CORPORATIONS, STATE RECORDS AND UNIFORM COMMERCIAL CODE One Commerce Plaza 99 Washington Ave. Albany, NY 12231-0001 dos.ny.gov Local Law Filing Pursuant to Municipal Home Rule Law§27 Local Law Number ascribed by the legislative body of the local government listed below: 4 of the year 20 25 Local Law Title: 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 (Name of Legislative Body) County city Town V#age (Select one) of SOUTHOLD as follows on the attached pages: (Name of Local Govemment) For Office Use Only Department of State Local Law Index Number: of the year 20 (The local law number assigned by the Department of State for indexing purposes may be different from the local law number ascribed by the legislative body of the local government.) DOS-0239-a-f(Rev.02-25) page 1 of 5 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 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 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. Local Law Filing (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 ascribed as local law number 4 of 20 25 of the (GOU Rty)(Q ity)(Town)(Val lage) of Southold was duly passed by the Town Board on April 15 20 25 in accordance (Name of Legislative Body) with the applicable provisions of law. 2. , no disapproval or repassage after disapproval by the EleGtive Chief€xeeative Officer I hereby certify that the local law annexed hereto, ascribed as local law number of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 and was (Name of Legislative Body) (approved)(not approved)(repassed after disapproval) by the (Elective Chief Executive Officer*) on 20 in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, ascribed as local law number of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 and was (Name of Legislative Body) (approved)(not approved)(repassed after disapproval) by the on (Elective Chief Executive Officer) 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.(SubjeGt to per-missive referendum and final adeption ber-mause no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, ascribed as local law number of 20 of the (County)(City)(Town)(Village) of was duly passed by the on 20 and was (Name of Legislative Body) (approved)(not approved)(repassed after disapproval) by the on (Elective Chief Executive Officer) 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-0239-f (Rev. 02/25) Page 4 of 5 Local Law Filing 5. I hereby certify that the local law annexed hereto, ascribed as local law number of 20 of the City of having 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 GhaFteF.) I hereby certify that the local law annexed thereto, ascribed as local law number 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 original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in the paragraph 1 above. Clerk of the county legislative body, City,Town or Village Clerk or officer designated by local legislative body (Seal) All 0 (Date) DOS-0239-a-f(Rev.02-25) page 5 of 5 lll"' Q �,.-, y�outhold Town Board - Letter Board Meeting of April 15, 2025 m� RESOLUTION 2025-312 Item# 5.34 ADOPTED DOC ID: 21240 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2025-312 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 15, 2025: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 4" 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 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 were given an opportunity to be heard, now therefor be it 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 received their comments, and WHEREAS, the Suffolk County 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 three (3)month period only,with the condition that "[t]he 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", and WHEREAS, the rationale for their decision was their anticipation that new updates to the New York Fire Code, in conjunction with the Governors 2023 working group to examine the safety and security of BESS systems and a new code to be adopted, and it be WHEREAS, the Town Board, after the public hearing and in consideration of the entire record, including the comments from the Suffolk County Planning Commission, intends to enact the Local Law for extension of the BESS moratorium, as written; and it be 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: The Town Board finds that the,condition requiring the Town to return to the Commission in three Generated April 16, 2025 Page 52 Southold Town Board - Letter Board Meeting of April 15, 2025 (3)months will have no practical value due to the following: 1. The determination of how to best regulate BESS Facilities remains fluid, as final NYS recommendations have not yet been determined. In this regard, Governor Hochul's Inter- Agency Fire Safety Working Group announced draft recommendations in February and the public comment period closed in March. Final recommendations to be incorporated in the NYS Fire Code have not yet been determined. These final recommendations must be known and incorporated into the Code to properly regulate such uses. 2. The BESS Code will become part of an ongoing comprehensive zoning update being conducted by the Town. Based upon advice of the Town's consultants, the Town Board does not find it prudent to adopt a BESS Code in a vacuum or piecemeal fashion, while the updated State recommendations have not yet been finalized and the zoning updates are still being formulated. 3. The zoning update is addressing appropriate zoning classifications, suitable and effective siting of such facilities and mitigation for adjacent uses. These considerations are an integral part of the Town's adoption of code affecting BESS facilities. 4. 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 all of the above issues and can craft code necessary to address them; 5. 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; and it be further 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 Enemy Storalze 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 and/or permits for Battery Enemy Storage System (BESS) 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 Generated April 16, 2025 Page 53 1 Southold Town Board - Letter Board Meeting of April 15, 2025 (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 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. Generated April 16, 2025 Page 54 Southold Town Board - Letter Board Meeting of April 15, 2025 t 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. Denis Noncarrow Southold Town Clerk Generated April 16, 2025 Page 55 Southold Town Board - Letter Board Meeting of April 15, 2025 RESULT: ADOPTED [UNANIMOUS] MOVER: Greg Doroski, Councilperson SECONDER:Brian O. Mealy, Councilperson AYES: Mealy, Smith, Doherty, Evans, Doroski, Krupski Jr Generated April 16, 2025 Page 56 �COFFRCK I p� �.,outhold Town Board - Letter Board Meetingof April 15 2025 RESOLUTION 2025-312 Item# 5.34 ADOPTED DOC ID: 21240 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2025-312 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 15, 2025: WHEREAS there has been presented to the Town Board of the Towri of Southold, Suffolk County,New York, on the 4th 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 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 were given an opportunity to be heard, now therefor be it 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 received their comments, and WHEREAS, the Suffolk County 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 three (3) month period only, with the condition that "[t]he 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", and WHEREAS, the rationale for their decision was their anticipation that new updates to the New York Fire Code, in conjunction with the Governors 2023 working group to examine the safety and security of BESS systems and a new code to be adopted, and it be WHEREAS, the Town Board, after the public hearing and in consideration of the entire record, including the comments from the Suffolk County Planning Commission, intends to enact the Local Law for extension of the BESS moratorium, as written; and it be RESOLVED, in accordance with the requirements set forth in Section Al4-22 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: The Town Board finds that the condition requiring the Town to return to the Commission in three Generated April 16, 2025 Page 52 Southold Town Board - Letter Board Meeting of April 15, 2025 (3) months will have no practical value due to the following: 1. The determination of how to best regulate BESS Facilities remains fluid, as final NYS recommendations have not yet been determined. In this regard, Governor Hochul's Inter- Agency Fire Safety Working Group announced draft recommendations in February and the public comment period closed in March. Final recommendations to be incorporated in the NYS Fire Code have not yet been determined. These final recommendations must be known and incorporated into the Code to properly regulate such uses. 2. The BESS Code will become part of an ongoing comprehensive zoning update being conducted by the Town. Based upon advice of the Town's consultants, the Town Board does not find it prudent to adopt a BESS Code in a vacuum or piecemeal fashion, while the updated State recommendations have not yet been finalized and the zoning updates are still being formulated. 3. The zoning update is addressing appropriate zoning classifications, suitable and effective siting of such facilities and mitigation for adjacent uses. These considerations are an integral part of the Town's adoption of code affecting BESS facilities. 4. 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 all of the above issues and can craft code necessary to address them; 5. 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; and it be further 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. 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 Storage System (BESS) 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 Generated April 16, 2025 Page 53 Southold Town Board - Letter Board Meeting of April 15, 2025 (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 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. Generated April 16; 2025 Page 54 Southold Town Board-Letter Board Meeting of April 15, 2025 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. �L i'��t.-4 Denis Noncarrow Southold Town Clerk Generated April 16, 2025 Page 55 Southold Town Board - Letter Board Meeting of April 15, 2025 RESULT: ADOPTED [UNANIMOUS] MOVER: Greg Doroski, Councilperson SECONDER:Brian O. Mealy, Councilperson AYES: Mealy, Smith, Doherty, Evans, Doroski, Krupski Jr Generated April 16, 2025 Page 56 o�oSUFFoc,��, DENIS NONCARROW =� �G.f� Town Hall,53095 Main Road TOWN CLERK coP.O.Box 1179 y 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Q .�` Fax(631)765-6145 MARRIAGE OFFICER 'j' RECORDS MANAGEMENT OFFICER �0,( , .�O Telephone oldt nny.gov FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 17, 2025 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 in the self-addressed envelope. 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 PUBLIC HEARING 3 -BESS MORATORIUM THIS PUBLIC HEARING CONSIDERS AN INTRODUTORY LOCAL LAW NO.'4 OF 2025, TO ENACT A 12 MONTH EXTENSION OF A TEMPORARY MORATORIUM ON THE ISSUANCE OF APPROVALS AND/OR PERMITS FOR BATTERY ENERGY STORAGE SYSTEM FACILITIES. LEGAL NOTICES FOR PUBLIC HEARINGS ARE PUBLISHED NO LESS THAN TEN (10) DAYS PRIOR TO THE PUBLIC HEARING, IN AN ELIGIBLE LEGAL TOWN NEWSPAPER/ THE TOWN CLERK'S OFFICE HAS RECEIVED THE SIGNED AFFIDAVIT OF SERVICE FROM THE NEWSPAPER INDICATING THAT THE NOTICE WAS PROPERLY PUBLISHED. THE APPLICATION REQUIRES NOTICE TO THE SUFFOLK COUNTY PLANNING COMMISSION:-THE TOWN CLERK FILE INCLUDES THE RESPONSE OF THE PLANNING COMMISSION DATED APRIL 8, 2025, CONDITIONALLY APPROVING THE PROPOSED LOCAL LAW BUT REQUIRING THE TOWN TO RETURN EVERY THREE (3) MONTHS TO REPORT ON THE STATUS OF THE UPDATES TO CODE PROVISIONS AND TO REQUEST AN ADDITIONAL THREE (3) MONTH EXTENSION OF THE MORATORIUM. THE PROPOSED ACTION WAS REFERRED TO THE PLANNING DEPARTMENT FOR A SEQRA DETERMINATION AND THE ACTION WAS CONSIDERED A TYPE II ACTION UNDER SEQRA, NOT REQUIRING FURTHER REVIEW, AND EXEMPT FROM LWRP REVIEW PURSUANT TO CHAPTER 268. a THE TOWN CLERK FILE ALSO INCLUDES AN AFFIDAVIT OF POSTING OF THE PUBLIC NOTICE ON THE TOWN CLERK'S BULLETIN BOARD AT TOWN HALL. FINALLY, LETTERS IN SUPPORT OF THE PROPOSED LOCAL LAW HAVE BEEN RECEIVED FROM THE GROUP FOR THE EAST END, DATED MARCH 26, 2025, AND FROM THE SOUTHOLD TOWN PLANNING BOARD, DATED APRIL 11, 2025, BOTH OF WHICH HAVE BEEN MADE PART OF THE RECORD. j N DeChance, Paul From: Michaelis,Jessica Sent: Monday,April 14, 2025 2:40 PM To: DeChance, Paul Subject: FW:Town Board Meeting Paul, Please see Mark's email below. Jessica Michaelis Senior Office Assistant Southold Town Planning Department 54375 NYS Route 25 P.O. Box 1179 Southold,NY 11971 Phone: 631-765-1938 Email:JessicaM e,southoldtownny.gov From:Terry, Mark<mark.terry@town.southold.ny.us> Sent:Tuesday, March 14, 2023 3:22 PM To: DeChance, Paul<pauld@southoldtownny.gov> Cc: Mirabelli, Melissa <melissa.mirabelli@town.southold.ny.us>; Lanza, Heather<heather.lanza@town.southold.ny.us>; Michaelis,Jessica<jessica.michaelis@town.southold.ny.us> Subject:Town Board Meeting Paul, "Change of Zone of SCTM #1000-75-01-6, from Agricultural Conservation (A-C) to Affordable Housing District (AHD) zoning district Location: 1080 Carroll Avenue, Peconic, New York" As discussed, the Change of Zone on tonight's public hearing schedule does not have a completed SEQR Analysis. It will be a Negative Declaration. The action is recommended as Consistent with the LWRP. We are waiting for a revised Full Environmental Assessment Form from the applicant with the corrected information. A Local Law in relation to a temporary moratorium on the issuance of approvals'and/or, permits for Battery Energy Storage-System (BESS) facilities" This local law is a Type II'and exempt from .SEAR review pursuant to.617.5(c)(36) "adoption; of a moratorium on land development or. construction;". It is also exempt from LWRP Coastal.' Consistency Review pursuant to,_Chapter.268.Waterfront Consistency_'Review § 268-3. Definitions..Item U.' 1 "A.Loc-M Law in relation to Amendments to Chapter 280, Zoning, in connection with the Affordable Housing District" I sent the LWRP on January 31, 2023; it is recommended as Consistent. It is a Type II and exempt from SEQR review pursuant to 617.5(c)(33) "adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list; "A Local Law in relation to an Amendment to Chapter 275, Wetlands & Shorelines" I have not seen this yet. Mark Terry,AICP Assistant Town Planning Director Southold Town Hall Annex 54375 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 (631)-765-1938 2 MAILING ADDRESS: PLANNING BOARD MEMBERS 0� SOUry� Southold, NY 11971 JAMES H.RICH III �Q l� Chairman OFFICE LOCATION: MIAJEALOUS-DANK y Town Hall Annex PIERCE RAFFERTY G �Q 54375 State Route 25 ND N H. SIDO SHI �o`y C (cor. Main Rd.Southold,Youngs Ave.) DOALJ. OUNTI, 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 Grou FOR March 26, 2025 THE I Supervisor Al Krupski& Members of the Town Board �n East End Town of Southold P.O.Box 1179 Robert S.DeLuca Southold,NY 11971 - PRESIDENT BOARD OF DIRECTORS Re: Extension of a Moratorium on Battery Energy Storage Systems (BESS) Katherine Leahy Birch Dear Supervisor Krupski and Members of the Town Board, CHAIR On behalf of Group for the East End, I write to lend support to the adoption of an William Ry IR extension to the temporary moratorium on the issuance of approvals and/or permits VICE CHAIR p pp for posed Battery Energy Storage(BESS) facilities within the Town of Southold. Susan Abdalla Kimberly Allan While BESS facilities are likely to be an important long-term necessity in Lou Bevilacqua developing an appropriate mix of energy technologies to aid in both regional and W.Marco Birch statewide renewable energy goals,we strongly support the Town Board developing a Kristen Briner comprehensive, well-planned code that would identify the most appropriate siting Andrew Goldstein procedures, locations, and safety standards for these types of facilities. Stuart Goode Nestor Gounaris Given the Town's ongoing, diligent review and proposed amendments to its zoning Jahn F...she Kimberly Smith Spacek code and the need to implement a variety of recommendations from the recently Marisa van Bokhorst released New York State Inter-Agency Fire Safety Working Group, a 12-month Mary.Walker extension is warranted. Donna Winston Group for the East End fully supports the adoption of a moratorium, in this case, and it is justified by a valid public purpose and made legal pursuant to Municipal Home P.O.Box 1792 Rule Law. The moratorium will provide the Town with an appropriate time frame to Southold,NY 11971 develop and adopt an energy code. P.O.Box 569 Bridgehampton,NY 11932 We thank you in advance for proactively pursuing sound planning and zoning 631.765.6450 strategies to protect public health, the environment, and the Town's community GroupfortheEastEnd.org character. I can be reached at bob&thegroup.org should you have any comments or questions. Sincerely, Robert S.DeLuca President Prolecting th r�c� r� r o t � l� YOU love Noncarrow, Denis From: Jenn Hartnagel <jenn@thegroup.org> Sent: Thursday,April 10, 2025 1:21 PM To: Krupski,Al; Doherty,Jill; Mealy, Brian; Evans, Louisa; Doroski, Greg; Smith,Anne Cc: Nokarrow, Denis Subject: Memo In Support - Moratorium Extension, BESS Attachments: GFEEMoratoriumBESSSouthold.pdf Dear Supervisor Krupski and Members of the Town Board, On behalf of Group for the East End,please accept the attached letter of support into the public record for an extension of the existing moratorium on BESS within the Town of Southold. Please let us know if you have any questions. Thank you, Jenn Hartnagel Jennifer Hartnagel Director of Conservation Advocacy Group for the East End thegroup.org ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 1 •y' COUNTY OF SUFFOLK Yx,- .' 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' , P.O.Box 1179 Southold,NY 11971 APR 8 ZQ Attn: Supervisor Al Krupski Re: Town of Southold o u i h d T 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, A"la e c!5--e'vy� 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 In 100 VETERANS MEMORIAL HWY,2"d FI■P.O.BOX 6100■HAUPPAUGE,NY 11788-0099■(631)853-5191 5� File No. SD-26-02 Resolution No. ZSR-26-21 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. (https://www.nyserda.ny..qov/All-Programs/Clean-Energv-Sitinp- Resou rces/Battery-Energv-Storage-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://dos.nv.qov/system/files/documents/2024/07/2024-07-25 fcnvs nrd-final-draft- document.pdfl 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 _ A 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 d Resolution 2025-207 Adopted: 3/4/2025 c( Affidavit of Posting (TC Bulletin Board/TOS Website): 3/5/2025 d Legal Notice d Affidavit of Publication (Suffolk Times) Publish Date(s): 3/13/2025 d Affidavit of Publication (The Day) Publish Date(s): 3/13/2025 o LWRP d SEQRA Type II Action- not subject to SEQR review and exempt from Southold Town Waterfront Revitalization Program review pursuant to Ch. 268. o� Notice to Adjacent Towns Southold Planning Board Comments: Supports a twelve (12) month extension of a temporary moratorium on the issuance of approvals and/or permits for BESS facilities. VS 11 County Planning Commission Comments: Approved subject to a 3 month period_limit.. o� Public Comments c� In Favor: Group For The East End o Opposition: J COUNTY OF SUFFOLK EDWARD P.ROMAINE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING SARAH LANSDALE COMMISSIONER ELISA PICCA EPUTY COMMISSIONER CHIEF D RC I" Lf March 24, 2025 Town of Southold 53095 Main Road MAR 2 4 203 P.O.Box 1179 Southold,NY 11971 Attn: Supervisor AlKrupski So7,8tWd Town Mer 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.: 2025-207 S.C.P.C.File No.: SD-25-02 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,April 2,2025 2:00 pm at Suffolk Community College,Montaukett room 107/108, 121 Speonk Riverhead Road,Riverhead,NY 11901 (In-Person Only). 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, ,A_dam(F�_V� 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,Zoe FI 0 P.O.BOX 6100■HAUPPAUGE,NY 11788-0099■(631)853-5191 t f SUFFOLK COUNTY PLANNING COMMISSION c/o Suffolk County Department of Economic Development&Planning 100 Veterans Memorial Highway,PO Box 6100, Hauppauge, NY 11788-0099 Sarah Lansdale,Commissioner, Department of Economic Development and Planning MEETING NOTICE Wednesday,April 2, 2025 2:00 pm Suffolk County Community College—Riverhead Montauke#t Room 107/108 121 Speonk Riverhead Road, Riverhead, NY 11901 (In Person Only) Tentative Agenda: • Roll Call • Meeting Summary for March 5, 2025 • Public Portion • Chairman's Report • Director's Report • Guests • Section A 14-14 thru A 14-25 of the Suffolk County Administrative Code 0 1449-1453 Straight Path Corp.,Town of Babylon 0100 05500 0300 008000, 009000,010000 BA-25-04-Construct a 21,151 sf 3 story building for 57 one-bedroom apartments with a separate caretaker's unit along with site improvements 0 137-157 Broadway,Village of Amityville,Town of Babylon 010100500 0900 002000 Am-25-02—Erection of Apartment Building for mixed use 2 Multiple dwelling buildings with apartments and commercial space o Kelly Builders& Development Group, LLC,Village of Patchogue 0204 01600 0600 001002, 001003, 001005, 001006, 002001 0204 01600 0300 007000 Pa-25-02- Requesting a Special Use Permit to construct a 30-unit apartment complex with clubhouse in the E Industrial and C Residential Districts 10,486sf 2.33 acres split zoned R r C � o Town of Southold SD-25-02-Twelve (12) Month Extension of a Temporary Moratorium on the issuance of Approvals and/or Permits for Battery Energy Storage System Facilities(BESS) Written comments can be submitted no later than Monday, March 31, 2025 to the attention of: Suffolk County Planning Commission Suffolk County Economic Development& Planning P.O. Box 6100 Hauppauge, NY 11788 NOTE:The next meeting of the SUFFOLK COUNTY PLANNING COMMISSION will be held on Wednesday, May 7, 2025 Rose Caracappa Auditorium,W.H.Rogers Legislature Bldg. 725 Veterans Memorial Highway,Smithtown Language Access Services are available for free to Limited-English Proficient individuals.Requests for telephonic interpretation services or other special needs must be communicated in writing or by telephone to the EDP Language Access Designee at least three business days prior to the meeting.Contact:Jeffrey Kryjak, Department of Economic Development and Planning,H.Lee Dennison Bldg.,2"d Floor, 100 Veterans Memorial Highway,Hauppauge,NY11788.Phone:(631)853-5192,email:ieffrev.krviakC)suffolkcountyny.aov j Noncarrow, Denis To: Town Board Subject: Suffolk County Planning Attachments: Suffolk Planning_20250324144007.pdf Please see attached from Suffolk Planning, BESS Moratorium. They would like a to know if there will be someone from the town there. Thank you 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. 1 Appendix A - County Referral Form Appendix A—Suffolk County Planning Commission Guidebook Suffolk County Planning Commission Submission Cover u for Planning and Zoning Referrals Municipality: Town of Southold Hamlet: Local Case Number: 2025-207 District: Section: Block: Lot: Local Meeting Date: 3/4/2025 Application/Action Name: Moratorium Extension BESS Facilities Public Hearing: Yes ONo Referring Agency: Type of Referral: Planning Board or Commission ❑GMI-239/A14-14 S.C.P.C. Regulatory Review Zoning Board of AppealsSEQRA Coordination &Advisory • Town Board/Village Board of Trustees Request for Informal Input from S.C.P.C. SEQRA Action: FIEAF ❑Lead Agency DDraft Scope Draft EIS Final EIS Findings Brief description of application or proposed action: Twelve (12) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for Batter Eneray Storage Svstem (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 ❑SEQRA Only [—]Zoning Ordinance or Map (Adoption or Amendment) Use Variance W/l Moratorium ❑Special Use Permit/Exception/Conditional Use Area Variance ❑Site Plan Code Amendment Official Map 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. Contact Information Municipality Contact Name: Albert J. Krupski, Jr., Supervisor Department/Agency: Town of Southold Phone Number: 631-765-1800 Email Address: denisn@southoldtownny.gov Applicant Contact Name: Denis NonCarrow Applicant Address: 53095 Route 25, PO Box 1179, Southold, NY 11971 Born, Sabrina From: Born, Sabrina Sent: Wednesday, March 5, 2025 3:22 PM To: LL Referral Notice-Suff Co Ping (Plannin.ugpi9cmyw7vgOoku@u.box.com) Cc: Mudd,Jennifer; Noncarrow, Denis; Rudder, Lynda; DeChance, Paul Subject: BESS Moratorium Extension Attachments: SC Plan Comm referral-BESS Moratorium.pdf Importance: High Good Afternoon, Please see attached. Thank you, ,Saenuaa??'L�o� Sabrina M. Born Sub-Registrar& Deputy Town Clerk Senior Account Clerk Southold Town Clerk's Office 53095 Route 25 P.O. Box 1179 Southold,NY 11971 Ph: 631-765-1800 ext. 1226 Fax: 631-765-6145 i MAILING ADDRESS: PLANNING BOARD MEMBERS 0� ®So, uT�P� South]d,Box 1179 11971 JAMES H.RICH III Chairman OFFICE LOCATION: MIA JEALOUS-DANK �' �, Town Hall Annex PIERCE RAFFERTY G 54375 State Route 25 MARTIN H.SIDORO ©` (cor.Main Rd.&Youngs Ave.) DONALD J.WILCENSHI Southold, NY Telephone:631765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Albert J.Krupski,Jr.,Town Supervisor APR 1 1 2025 Members of the Town Board Denis Noncarrow,Town ClerkUerk From: James H.Rich III, Ciairnian'� Y Members of the Planriirig 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..EnergyStorage System'is not renewable energy;rather, it is a storage facility that manages and profits from off-peak and peak energy use management. The SoutholdTown 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 fihisli the work. Some delay-of this, work has occurred as ' 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 t r e DENIS NONCARROW �°� �� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 2R 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 Re: Resolution 2025-207 "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" James H. Rich IIl, Chairman 'n Southold Town Planning Board ' 54375 State Route 25 Post Office Box 1179 Southold,New York 11971 Y C� 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 Taw 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 ySSUstxc RESOLUTION 2025-207 t n,ryJ C:.4iC 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 41h 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 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 151h 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 (12) month Extension of a Temporary Moratorium on the issuance of approvals and/or permits for Battery Enerey 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 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 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 Y 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, 2 02 5. 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 rdance with the m the temporary moratorium and allowing issuance of a permit all n accprovisions 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 Page 3 Updated: 2/28/2025 1:38 PM by Lynda Rudder 1 F Born, Sabrina From: Born, Sabrina Sent: Thursday, March 6, 2025 8:52 AM To: James H Rich Ohrichiii.stpb@gmail.com) Cc: Michaelis,Jessica; Lanza, Heather; Noncarrow, Denis; Mudd, Jennifer; Rudder, Lynda Subject: 2025 BESS Moratorium Ext. Attachments: 2025 BESS_20250306095944.pdf Good Morning, Please see the attached letter in regards to the 2025 BESS Moratorium Ext. Thank you, .Sa�viuca??'L8'an� Sabrina M. Born Sub-Registrar& Deputy Town Clerk Senior Account Clerk Southold Town Clerk's Office 53095 Route 25 P.O. Box 1179 Southold,NY 11971 Ph: 631-765-1800 ext. 1226 Fax: 631-765-6145 Your message is ready to be sent with the following file or link attachments: 2025 BESS_20250306095944.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 DENIS NONCARROW ti� G.j, Town Hall,53095 Main Road TOWN CLERK Cz P.O.Box 1179 y Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS O Fax(631)765-6145 MARRIAGE OFFICER 'e ?fO a� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER •� `1► www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 6, 2025 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on April 15, 2025 at 7:00 p.m. 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" Please sign 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 1 Town of Shelter Island Town of Southampton I Southold Building Dept J Southold Planning Dept a Southold Trustees j Southold Assessors I Southold ZBA Village of Greenport Signature, Received by Date Please print name Title DENIS NONCARROW '. Town Hall,53095 Main Road TOWN CLERK `� . P.O.Box 1179 i Southold,New York 11971 REGISTRAR OF VITAL STATISTICS '. Fax(631)765-6145 MARRIAGE OFFICER ' ', Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER wwwsoutholdtownny.gov FREEffttEbATION OFFICER OFFICE OF THE TOWN CLERK VAR I t 20 TOWN OF SOUTHOLD t Southold Town Clerk March 6, 2025 ; PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on j the proposed Local Law listed below on April 15, 2025 at 7:00 p.m. 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" Please sign this letter and return to me at your earliest convenience. Thank you. i { Denis Noncarrow I Southold Town Clerk i . i i Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission i Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees r S°outhold.Assessors Southold ZBA Village of Greenpojt r r Date LL Signature,Received by 1v N,"-r � Please print name Title G t r, ., Mf%&EA)�: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature ■'`Print your name and address on the reverse X [3 Agent so that we can return the card to you. YI S ❑Addressee ■ Attach this card to the back of the mailpiece, B• Re�eiveci by(P Write Name) C.197/0 of Delivery or on the front if space permits. U l/ t. Article Addressed to: D. Is delivery address different from Item 1? ❑Yes If YES,enter delivery address below. ❑No LI State,Tark Commission l Belmont Lake State Park k PO Box 247 Babylon,NY 11702 _ 3. Service Type ❑Priority Mail Express® II I IIIIII I'll III I II II II III I III II I II I IIIII I I III ❑Adult Signature ❑Registered Mall TM ❑Adult Signature Restricted Delivery ❑ R Registered Mail estdcte ❑Certified WHO Delivery 9590 9402 7131 1251 6912 89 ❑Certified Mail Restricted Delivery ❑Signature Confirmation"' ❑Collect on Delivery ❑Signature Confirmation 2. Article Number(transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery Insured Mail �c er$5 WillRest�lritedtoel�"g'YI I l Domestic Return Receipt LISPS TRACIUNG# First-Class Mail Postage&Feeq Paid USPS Permit No.G-10 9590 9402 7131 1251 6912 89 United States •Sender.Please print your name,address,and ZIP+4®in this box• Postal Service OFFICE OF THE TOWN CLERIC TOWN OF SOUTHOLD Denis Nonearrow,Town Clerk PO Box 1179 Southold,NY 11971 lJufflrr,J►'J!'!''fJJ'��'���litle/l�fllJll�llll,Jlyl'lf'J"��'1 a��55 DENIS NONCARROW b�® ®�� 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 Q RECORDS MANAGEMENT OFFICER Telephone(631)765-1800 FREEDOM OF INFORMATION OFFICER www.southoldt6wnny.gov RECEIVED OFFICE OF TBE TOWN CLERK TOWN OF SOUTHOLD MAR 1 i Southold Town Clerk March 6, 2025 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on April 15, 2025 at 7:00 p.m. 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" fiPlease sign this lettter,and return to' eam tyou.r earliest convenience. ,Thank you.; Denis Noncarrow Southold Town Clerk Attachments cc: Suffolk County Dept of Planning I ong Island State Park_Commissio' Email: Town of Riverhead Town of Shelter Island own of Southampton Southold Building Dept outhold Planning Dept Southold Trustees outhold ssessors Southold ZBA Vil e f Greenport IPJ _ S'gnature, ceived by D de Please print name u Title . f DENIS NONCAR40W t Town Hall,53095 Main Road P.O.Box 1179 TOWN CLERK & Southold,New York 11971 Fax(631)765-6145 REGISTRAR OF VITAL STATISTICS Telephone(631)785-1800 MARRIAGE OFFICER ''� � �9` P RECORDS MANAGEMENT OFFICER www southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 6,2025 PLEA E= :NOTICE that�the Town Board of the Town of Southold Will.hold a PUI3 AC HEARING on TAKE the proposed Local Law listed below on April 15,2025 at 7:00 p.m. at the Southold Town Hall, 53095 Main Road, Southold,NY: "A Local Law in relation to a twelve(I2)month extension of a Temporary Moratorium on the issuance of approvals and/or permits for Battery Energy Storage System(BESS)facilities" Please sign this letter and return to me at your earliest convenience. Thank you. RECEIVED �L v MAR 6 2025 Denis Noncarrow Southold Town Clerk Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Town of Shelter Island Email: Town of Riverhead Southold Building Dept Town of Southampton Southold Planning Dept Southold Trustees Southold Assessor ° ut io1ZBA Ville of;Greenpo Signature,Received by Date n Title Please print name - A i t DENIS NONCARROW Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 co Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER . m��� www.southoldtownnygov FREEDOM OF INFORMATION OFFICER N N fJ7 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD ' March 6,2025 _- PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold.a PUBLIC HEARING on the proposed Local Law listed below on April 15, 2025.at 7:00 p.m. 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'Batteiy Energy Storage System (BES.S) facilities" Please sign this letter and return to me at your earliest convenience. Thank you. �W- 1lei. T�, / MAR - 6 203 Denis Noncarrow Southold Town Clerk. ""309-Fth0?d Tow n Uerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverliead" Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport nature,Received by Date Please print name Title 03-06-'25 11 :39 FROM- 6312835606 T-010 P0001/0001 F-062 DENIS N'ONCARROW ,' ' ZbWA HS31,63095 Main&Ud TOWN CLERK =� �: P O+Box 1179 -4rc,, Southold,New York 11971 RF,GxSTRAR OF VITAL STATISTICS Q . Fax(631)765-6145 MA'R'ItUG•E OFFICER ;°„ `' Telephone(681)765-1800 ! RECORDS 1VIWAGEMENT OFFICER ., ."''' ►► ' www southoldtownny gov FREEDOM OF INFORMATION OFFICER OMCF, OF THE TOWN CLERK RECEIVED TOWN OF SOUTHOLD MAR 6 20 Marcia 6,2025 Southold'Town Clerk PLEASE TAKE N'OTICE that the Town)3oard of the Town of Southold will hold a PU39L�AM on the proposed Local Law listed below on April 15,2025 at 7,00 p.m. 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" Please sign,this letter and return to me at your earliest convenience. Thank you. -c ca rro Denis NoueeaTow .- c�, A < Southold Town Clerk -a-n 49 �w7 Attachments �'� Cr ce: Suffolk County Dept of Planning Long Island State Park Cosnrriision Email--`Tavvn'of Riverhead "own of Shelter Island of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Crreenport Si ure,Received by ' Date Title Please print name 1 i i gtaf DENIS NONCARROW �� �y Town Hall,53095 Main Road TOWN CLERK oa P.O.Box 1179 eis Southold,New York 11971 y REGISTRAR OF VITAL STATISTICS p +F Fax(631)765-6145 MARRIAGE OFFICER 4 �Q� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER 1 '�►. wwwsoutholdtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 6, 2025 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on April 15, 2025 at 7:00 p.m. 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", Please sign this letter and return to me at your earliest convenience. Thank you. RECEIVE® `. PAR 6 20 Denis Noncarrow Southold Town Clerk Southold Town Clerk i i Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island ( Town of Southampton �SoutholBuilding%ll'e t Southold Planning Dept Southold Trustees i Southold Assessors Southold ZBA j Village of Gre o 00 i ignature,R ' ed by Date or t/ • lPil7a e, Y.wr. Please print name Title f i, i 7.bwn Hall3095 Main Road DENIS NONCARROW ` ,P.O.' Sox 1179 TOWN CLERK V? Southold,New York 11971 REGISTRAR OF VITAL STATISTICS '� ��.,,�. ' Fax(631)765-6145 MARRIAGE OFFICER °`P ��?' 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 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC:JEII!�r1RING on the proposed Local Law listed below on April 15,2025 at 7:00 p.m. 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" Please sign this letter and return to me at your earliest convenience. Thank you. RECEIVED �; ✓".� MAR 6 2 Denis Noncarrow Southold Town Clerk Southold Town Clerk Attachments At Suffolk County Dept of Planning Long Island State Park Commission cc:Email: Town of Riverhead Town of Shelter Island Town of Southampton Southo)d Building Dept Southold Planning Dept SQutl Oid T istee"_j Southold Assessors Southold ZBA Village ci -Green ort� Date Stg; tore,Received y Please print name Title 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.southolcltownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 6, 2025 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on April 15, 2025 at 7:00 p.m. 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" Please sign this letter and return to me at your earliest convenience. Thank you. RECEIVED MAR 6 2025 Denis Noncarrow Southold Town Clerk Southold Town Clerk 4 i 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 outhoIZQI an�ngw�Dept Southold Trustees Southold Assessors Southold ZBA a Village of Greenport 3/6/25 a Signatur Received by Date , Jessica Michaelis Southold Town Planning Dept. l Title Please print name .E t i Y ye5 Tomm Hall,53095 Main Road DENIS NONCARROW . � + P.O.Box 1179 TOWN CLERK P.O. Southold,New York 11.971 REGISTRAR.OF VITAL STATISTICS " Fax(631)765-6145 MARRIAGE OFFICER 'r ', Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ��1 . wAmsoutholdtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 6, 2025 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING on the proposed Local Law listed below on April 15, 2025 at 7:00 p.m. at the Southold Town Hall, 53095 Main Road, Southold,NY: "A Local Law in relation to a twelve(12) mouth extension of a Temporary Moratorium on the issuance of approvals and/or permits for Battery Energy Storage System (BE SS) facilities" Please sign this letter and return to me at your earliest convenience. Thank you. RECEIVED ' , « MAR 6 2M5 Denis Noncarrow Southold Town Clerk Southold Town Clerk Attachments ' cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town.of Riverhead Town;o ,'S e'ter Islaiad Town of Southampton Southold Building Dept Southold•Planning Dept Southold Trustees Southold Assessors Southold 7B.A. Village of Greenport Signature,Received by Date Title Please print name i s u Noncarrow, Denis From: Terry, Mark Sent: Monday, March 31, 2025 1:45 PM To: Noncarrow, Denis; Born, Sabrina Cc: DeChance, Paul; Michaelis,Jessica Subject: Resolution 2025-207 (12) Month Extension of a Temporary Moratorium on the Issuance of approvals and/or permits for Battery Energy Storage Systems (BESS) Denis, Be advised that the proposed action is a Type II action and not subject to SEQR review pursuant to: ECL Article 8; 2. 6 NYCRR 617; 617.5(c)(36) • "adoption of a moratorium on land development or construction;" Also, be advised that the action is EXEMPT from Southold Town Waterfront Revitalization Program review pursuant to Chapter 268. Waterfront Consistency Review § 268-3. Definitions. MINOR ACTIONS: U. Adoption of a moratorium on land development or construction; Let me know if you need anything further. 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 1 Noncarrow, Denis From: DeChance, Paul Sent: Monday, March 31, 2025 2:15 PM To: Noncarrow, Denis; Born, Sabrina; Schlachter,Amy Subject: RE:21139 Hi Denis—The attachment is the public hearing resolution for the extension of the BESS Moratorium. It is being considered by the Suffolk County Department of Planning this week. Mark's email was advising your office that the Board's action,which proposes an extension of the moratorium, is considered a TYPE II action under SEQRA. Mark's email should be made part of your file for the public hearing. I will have the Board adopt the determination at the conclusion of the hearing. Paul From: Noncarrow, Denis<denisn@southoldtownny.gov> Sent: Monday, March 31, 2025 2:01 PM To: DeChance, Paul<pauld@southoldtownny.gov>; Born,Sabrina <sabrina.born @town.southo Id.ny.us>; Schlachter, Amy<amys@southoldtownny.gov> Subject:21139 This was a code that was passed. Mark wants this added? What to do Be advised that the proposed action is a Type II action and not subject to SEQR review pursuant to: ECL Article 8; 2. 6 NYCRR 617; 617.5(c)(36) • "adoption of a moratorium on land development or construction;" Also, be advised that the action is EXEMPT from Southold Town Waterfront Revitalization Program review pursuant to Chapter 268. Waterfront Consistency Review § 268-3. Definitions. MINOR ACTIONS: U. Adoption of a moratorium on land development or construction; 1 ��® �� Town Hall,53095 Main R_oad DENIS NONCARRO@V P.O.Box 1179 TOWN CLERK ` Southold,New York 11971 REGISTRAR OF VITAL STATISTICS PVT 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 5, 2025 Re: Resolution 2025-207 "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 March 5, 2025 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official LWRP and SEQRA report with regard to the proposed rev and forward it to me at a suitable time in order to allow sufficient time for the Town Board to 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 this public hearing is 7:00 P.M., Tuesday, April 15,2025 respectfully. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, Sabrina M. Born Deputy Town Clerk Enclosures i �f F t RESOLUTION 2025-207 a q ADOPTED DOC ID: 21139 qu 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: ufflk WHEREAS,there has been presented to the Town Board al Law entitled,of Southold,Local Law in County,New York, on the 41h day of March, , relation to a twelve 12 month Extension of aStorage o a e S stemoratorium on te BESS facilith s"snow,ce of a royals and/or permits for Battery Energy therefore, be it RESOLVED that the Town Board of the Town of Southold will hold public c-haring o h the aforesaid Local Law at the Southold Town Hall, 53095 Main Road, Southold, e , 151h 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 TownSouthold othe Suffolk County Planning directs the Town Clerk to send the following proposed Local Law t 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 Ener ,v Storage System (BESS),facilities" reads as follows. i LOCAL LAW NO. 2025 A Local Law entitled, "A Local Law in relation to a twelve (12) month Extension.of a Tem orary Moratorium on the issuance of approvals and/or permits for Battery Enemy Storage System (BESS) 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 fossil fuels. However, significant public health and safety infrastructure and deter the use of concerns relative to the potentially health ile nature andsafet oconcelrnrs include-ionteries and location of megaattery swattgcale operations remain. These public he y 4 f r 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, 2 02 5. 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 Page 2 Updated: 2/28/2025 1:38 PM by Lynda Rudder } 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 Born, Sabrina From: Born, Sabrina Sent: Wednesday, March 5, 2025 3:52 PM To: Terry, Mark Cc: Mudd,Jennifer; Rudder, Lynda; Noncarrow, Denis; Michaelis,Jessica; Lanza, Heather Subject: Emailing: BESS Moratorium Ext. LWRP_20250305165520.pdf Attachments: BESS Moratorium Ext. LWRP_20250305165520.pdf Importance: High Good Afternoon, Please see attached. Thank you, S44$ 44&60vt Sabrina M. Born Sub-Registrar& Deputy Town Clerk Senior Account Clerk Southold Town Clerk's Office 53095 Route 25 P.O. Box 1179 Southold,NY 11971 Ph: 631-765-1800 ext. 1226 Fax: 631-765-6145 Your message is ready to be sent with the following file or link attachments: BESS Moratorium Ext. LWRP_20250305165520.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. Born, Sabrina From: legal <legal@theday.com> Sent: Thursday, March 6, 2025 9:35 AM To: Born, Sabrina; Evans, Louisa Cc: Mudd, Jennifer; Noncarrow, Denis; Rudder, Lynda Subject: Re: Legal-Battery Energy Storage System Moratorium Attachments: Invoice -Battery Energy Storage System Moratorium.pdf Here is notice dO1094256 that will run in the 3/13 edition. Invoice is attached. 6101094256, LEGAL NOTICE NOTICE OF PUBLIC HEARING " 'CIS HEREBY GIVEN there has been presented to, the TovA1n Board of the Town of Southold.Suffolk County, iNew York on the 4th day,of March, 2025, a Local Lmm entitled,"A Local Law in relation to a twelve}` 1 m6nth Extension of a TemRoraryora orium on the issuance cat approvals and/or errn�ts far�a' a EnerM Storage S stern" BESS facilities' an �NOTICE IS HEREBYFURTHERGIVEN that theTvwn Board,, 1'of the Town of Southold will hold a public hearing on the ,aforesaid Local Lave at the Southold Torn Hall, 530951 -.!Main Road,Southold, New York,on the 15th day of Apriq„ 12025 at 7.00 PAIL, at which time all interested personsi. +mrill be given an opportunity to be heard. The proposed Local Law entitled, `SA Local Law in ;relation to a twelve 1 mcin h Extension:of Tern ora I1+I0 11 orium on the issuance �of approvals an for permits for Batt Energy Storage S}rs ern (EESS facilities'! Iis available in its entirety on the Town website 1ANNIA.i "southoldtownny.go/ or the Town Clerk's Office duringi regular business hours. DATED:MARCH 4 2025 BY ORDER OF THE SOUTHOLD TOWN BOARD &DENIS NONCARROW,TOWN,,CLERK Thank you, Kelly Kelly Johnson Legal notices The Day and Shore Publishing Legal Line: 860-701-4410 Direct Line: 860-701-4371 legal@theday.com 1 Born, Sabrina From: Born, Sabrina Sent: Wednesday, March 5, 2025 2:20 PM To: 'David McCall (dmccall@fiferry.com)'; Evans, Louisa; 'Fog Horn (ficommunityboard@gmail.com)'; 'geb cook'; 'Jane Ahrens (ahrensjane@gmail.com)'; 'Jane Ahrens (finyinfo@gmail.com)'; Legal -The Day Cc: Mudd,Jennifer; Noncarrow, Denis; Rudder, Lynda Subject: Legal-Battery Energy Storage System Moratorium Attachments: LEGAL-BESS Moratorium Ext.docx Importance: High Good Afternoon, Please publish the attached Legal Notice in the following: -the 3/13/2025 edition of The Day paper -the FI website -Two (2) public places on Fishers Island Thank you, sac"ifd& =OW Sabrina M. Born Sub-Registrar& Deputy Town Clerk Senior Account Clerk Southold Town Clerk's Office 53095 Route 25 P.O. Box 1179 Southold,NY 11971 Ph: 631-765-1800 ext. 1226 Fax: 631-765-6145 i 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 41h 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 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 15th day of April,2025 at 7:00 P.M., at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to a 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 www.southoldtownny. ov or the Town Clerk's Office during regular business hours. DATED: MARCH 4, 2025 BY ORDER OF THE SOUTHOLD TOWN BOARD DENIS NONCARROW, TOWN CLERK edf44d27 Sabrina.born@town.southold.ny.us 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: 03/13/2025 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. Signature Christina Henke Rea Printed Name Subscribed and sworn to before me, This 15 day of March 2025 Digitally signed DOUGLASWREA by douglas w rea Notary Public-State of New York Date: 2025.03.15 NO.OIRE6398443 17:16:20 +00:00 Qualified in Albany County My Commission Expires Sep 30,2027 ` 4 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 4th 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 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 15th day of April, 2025 at 7:00 P.M., at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to a 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's website: www.southoldtownny.gov or at the Town Clerk's Office during regular business hours. DATED: MARCH 4, 2025 BY ORDER OF THE SOUTHOLD TOWN BOARD DENIS NONCARROW SOUTHOLD TOWN CLERK v Invoice V TIME 972 MEDIA GROUP Invoice number DECO2879-0042 Date of issue March 5,2025 Date due March 12,2025 Check payable to: Times Review Media Group Line count: 41 Times Review Newspapers Corp Bill to 7555 Main Road sabrina.born@town.southold.ny.us PO Box 1500 Mattituck, New York 11952 United States +1631-298-3200 Ibazata@timesreview.com $57.12 USD due March 12, 2025 Pay online Confirmation Id: edf44d27 Description Qty Unit price Amount Publication date: 03/13/2025 1 $32.12 $32.12 QAC Affidavit 1 $25.00 $25.00 Subtotal $57.12 Total $57.12 Amount due $57.12 USD DECO2879-0042•$57.12 USD due March 12,2025 Page 1 of 2 Check payable to:Times Review Media Group Click this link for Ad copy: https://gacmainstorage.blob.core.windows.net/notices/NY/The_Suffolk_Times/Suffolk_County/Publicnotice_edf44d2zpdf Ad Text: 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 4th 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 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 15th day of April, 2025 at 7 00 P.M., at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, 'A Local Law in relation to a 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's website www.southoldtownny.gov or at the Town Clerk's Office during regular business hours. DATED MARCH 4, 2025 BY ORDER OF THE SOUTHOLD TOWN BOARD DENIS NONCARROW SOUTHOLD TOWN CLERK DECO2879-0042•$57.12 USD due March 12,2025 Page 2 of 2 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 4th 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 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 15th day of April, 2025 at 7:00 P.M., at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to a 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's website: www.southoldtownny.gov or at the Town Clerk's Office during regular business hours. DATED: MARCH 4, 2025 BY ORDER OF THE SOUTHOLD 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 4t" 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 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 1511 day of April, 2025 at 7:00 P.M., at which time all interested persons will be given an opportunity to be heard. The proposed Local Law entitled, "A Local Law in relation to a 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. 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 Storage System (BESS) 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 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 r 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 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 ti � �0 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: MARCH 4, 2025 BY ORDER OF THE SOUTHOLD TOWN BOARD DENIS NONCARROW, TOWN CLERK , w Born, Sabrina From: Born, Sabrina Sent: Wednesday, March 5, 2025 1:22 PM To: Doherty, Jill; Doroski, Greg; Evans, Louisa;Johnson, Benjamin; Krupski, Al; 'Lisa Finn (lisaahfinn@gmail.com)'; McGivney,Julie; Mealy, Brian; 'Paul DeChance'; Reisenberg, Lloyd; Schlachter, Amy; Smith, Anne; Squicciarini, James; Standish, Lauren;Tomaszewski, Michelle;Tomaszewski, Zachary Cc: Mudd,Jennifer; Noncarrow, Denis; Rudder, Lynda Subject: Legal Notice-BESS Moratorium Ext. Attachments: BESS Moratorium Ext.doc Importance: High Good Afternoon, Please see attached Legal Notice for the Battery Energy Storage System (BESS) Temporary Moratorium Extension. Thank you, .Sa�u�a7?2�on� Sabrina M. Born Sub-Registrar& Deputy Town Clerk Senior Account Clerk Southold Town Clerk's Office 53095 Route 25 P.O. Box 1179 Southold,NY 11971 Ph: 631-765-1800 ext. 1226 Fax: 631-765-6145 1 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 5th day of March, 2025, 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.southoldtownny. ov PH: 4/15/25 @7 PM—2025 BESS Mor oriu Extensio Denis carrow Southold Town Clerk Sworn to before me on the 5th day of March, 2025 III Notary Public 84LBRINA OM BORN Notary Public,state of New York No.01B3O6317038,Suffolk Coun Commission Expires Dec.22,20 qt,-. v Q RESOLUTION 2025-207 �,.,�. 9v 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 41h 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 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 15th 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 (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. 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 Eneriy Storage System (BESS) 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 =_w 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