Southold to hold hearings on BESS moratorium extension, ADU code changes
Southold Town will hold separate public hearings to discuss extending its Battery Energy Storage System moratorium and revising accessory dwelling unit regulations. Both will be held April 21, starting at 6 p.m.
BESS moratorium extension
The Town Board initially enacted a moratorium on Jan. 31, 2023, which went into effect April 11, 2023, following public scrutiny of a proposed BESS facility by Key Capture Energy on Oregon Road in Cutchogue.
That decision cited concerns about public health and safety related to lithium-ion batteries and battery storage operations. It also noted the town’s comprehensive zoning update is still ongoing.
“The new zoning code is expected to be advertised for public comment in the next few months, which will require an extensive public comment time and may delay the adoption by additional months,” the proposed moratorium extension states. “The Town Board does not find it possible now to adopt a BESS code where the zoning update is still being formulated.”
Gov. Kathy Hochul’s Inter-Agency Fire Safety Working Group released recommendations for BESS facilities which were incorporated into the 2025 New York State Fire Code and took effect Jan. 1. The moratorium extension cites a need for the town’s BESS Task Force to review the state’s recommendations and ensure any local code complies with state fire safety regulations.
The current moratorium, approved by Town Board on April 15, 2025, is set to expire April 22.
Proposed ADU code changes
Meanwhile, Southold’s zoning code regulating ADUs could undergo small changes that support applicants and potentially expand local housing stock.
The changes would eliminate the stipulation that accessory apartments be created in a “permanently existing” one-family dwelling and add an alternative allowing the apartment to be built as a “detached” accessory structure pursuant to code 280-13A(6) or 280-13B(13).
Zoning Board Chairwoman Leslie Weisman said the changes are a “simple” fix that will help the Zoning Board evaluate projects.
“The goal in 2010 was to try to not do new construction, but rather leverage more housing units, dwelling units, out of what’s already there. We’ve gone past that,” Ms. Weisman said. “So, that’s why it said existing.”
The Town eliminated the three-year minimum prerequisite for holding a certificate of occupancy for an accessory structure in May 2025. The proposed change is another incremental alteration of the code to improve resident use, Ms. Weisman explained.
The proposed ADU code amendment would also clarify that an accessory apartment could be built in a detached accessory structure, subject to requirements. The code currently states that an ADU could be built in a “lawfully existing detached accessory garage, barn or storage building.”
Town Building Inspector Mike Verity said there are still “checks and balances” in the process, and applicants still must satisfy a list of requirements to gain a special exception from the building department and Zoning Board.
