Public hearing set for extending Southold’s BESS moratorium
A public hearing to extend Southold Town’s moratorium on the construction of Battery Energy Storage System facilities, knows as BESS, has been set for April 15 at 7 p.m.
The temporary moratorium was enacted by the Southold Town Board on Jan. 31, 2023, with an effective date of April 11, 2023, following public scrutiny of a proposed BESS facility by Key Capture Energy on Oregon Road in Cutchogue.
That plan outlined a 60-megawatt, lithium-ion battery storage system and a new Long Island Power Authority substation on a 27-acre parcel. It was reported that a full discharge of the system would provide enough energy to power roughly 16,000 homes a day, on an average.
At a public hearing for the project in December 2022, then Cutchogue Fire Department chief Amos Meringer said area residents had significant concerns about the proposal.
Community members also circulated a Change.org petition — signed by 1,138 residents — detailing the potential negative impact to the rural character and natural beauty of the Oregon Road area and warning of the possibility of a “runaway thermal event that could burn for days, unleash toxic fumes and contaminate groundwater,” which local volunteer firefighters would be ill-equipped to contain.
At the same 2022 meeting, North Fork Environmental Council representative Anne Murray said that while the not-for-profit group supported battery storage facilities, the town would need to implement “a well-considered plan … to ensure that [the] facilities have environmental standards and, more importantly, safety reviews.”
Key Capture’s plans for the Oregon Road facility were tabled as a result of the moratorium.
An extension of the initial BESS moratorium was approved by the Town Board March 26, 2024, and is set to expire April 11 this year.
“The moratorium was originally enacted, extended, and is still intended to provide sufficient time for the Town to undertake a thorough examination of these systems to identify any possible threats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 resolution announcing the April 15 public hearing stated.
Board members added that the latest extension is necessary, “to protect the character, public health, safety and welfare of the residents of the Town of Southold.”
As part of the initial moratorium resolution, board members recognized that BESS facilities are a key component to the viability of renewable energy implementation and promotion. The Town Board also acknowledged the storage systems play an important role in reducing demand and costs associated with infrastructure and reduce reliance on fossil fuels.
“However, significant public health and safety concerns relative to the potentially volatile nature of lithium-ion batteries and battery storage operations remain,” the local law states.
Gov. Kathy Hochul’s Inter-Agency Fire Safety Working Group issued new draft recommendations in February 2024 to guide the planning of battery storage projects and outline fire code updates after consulting experts and stakeholders. Recommendations include requiring monitored 24/7 video surveillance, ensuring qualified emergency responders can be on the scene within 15 minutes, enhanced security barriers around the facilities and providing annual training to local fire department personnel.
“Battery storage is a key element to building a green economy here in New York, and we have taken comprehensive efforts to ensure the proper safety standards are in place,” Gov. Hochul said in a July 2024 press release. “With updating fire codes, we’re ensuring that New York’s clean energy transition is done safely and responsibly.”
Ongoing updates to Southold’s zoning code were also cited as a reason for extending the moratorium. “The Town Board does not find it prudent to adopt a BESS code where the zoning update is still being formulated,” officials noted.
