Quogue Wildlife Refuge Assistant Director Marisa Nelson, left, and Executive...

Quogue Wildlife Refuge Assistant Director Marisa Nelson, left, and Executive Director Michael Nelson, right, on Tuesday. Credit: Morgan Campbell

Southampton Town has proposed rules for siting battery energy storage systems following a year-and-a-half-long moratorium, restricting large-scale facilities from being built near homes and launching a new review process.

The changes cap a nearly 18-month study after community pushback to a proposed facility in Hampton Bays. Residents and officials said the town's existing code failed to address growing safety concerns about the technology.

The storage batteries complement renewable energy sources such as wind and solar by locking power that's generated for future use. But a number of high-profile fires at facilities, including in East Hampton in 2023, have led residents to urge for a more cautious approach to where they can be located.

Supervisor Maria Moore said during a public hearing last week that while battery energy storage is necessary, the town’s aim is to restrict potential sites “for the protection of the community.”

“In the future when the technology changes, we’ll be happy to revisit it,” Moore said.

The changes, which could be adopted at an upcoming board meeting, would cap the size of a facility to 19 megawatts. Any system greater than 600 kilowatts must be at least 300 feet from a residential property or an occupied community building, according to the legislation.

Some residents said the code revisions don’t go far enough, while representatives of energy companies said the changes are too restrictive and could conflict with the town’s goal of promoting renewable energy.

Water Mill resident Laura Zubulake said during the hearing: “Ban all BESS now.”

But Sam Brill of NineDot Energy, a Brooklyn-based developer of battery storage facilities that has proposed a 5-megawatt facility in Flanders, spoke to the board via Zoom and said the code changes “would kill BESS developments in Southampton for the foreseeable future.” He asked the board to consider the effects of climate change as it evaluates how to proceed.

The town implemented a moratorium on new facilities in August 2023, and since then, a steering committee has reviewed public concerns and sought input from experts. The town board on Feb. 11 voted to set a public hearing later in the month to extend the moratorium an additional three months to field more feedback on the code changes. Board members said they don't expect the extension to last all three months.

Southampton was one of the first towns on Long Island that began to adopt a moratorium on battery facilities. In neighboring Brookhaven Town, where there’s currently no moratorium, proposals for eight separate battery storage plants are under consideration, Newsday has reported. Brookhaven hosted a forum in December to address community concerns about the facilities.

Southampton’s moratorium froze an application for a proposed 100-megawatt facility on a 4.9-acre site east of Shinnecock Canal and south of Sunrise Highway. The code revision would restrict the applicant, Canal Southampton Battery Storage LLC, from proceeding.

The code revision breaks down potential applicants into three tiers:

Tier 1: A proposed facility with a capacity between 80 and 600 kilowatts, Tier 2: A proposed facility with capacity greater than 600 kilowatts and up to 5 megawatts, It would be limited to areas zoned for light industrial use, Tier 3: Facilities that are greater than 5 megawatts and up to 19 megawatts, It would first require a separate legislative action to zone the property as a Renewable Energy Overlay District,.

Marisa Nelson, assistant director of the Quogue Wildlife Refuge, asked the board to consider wildlife and natural resources in the planning of future BESS sites. She cited a proposal for a 2-megawatt solar array in Quiogue, located between the villages of Westhampton Beach and Quogue, as an area of concern “due to its significance as an important habitat for the wildlife.”

Councilwoman Cyndi McNamara, however, said a battery energy facility would not be allowed on the Quiogue property based on the revised code due its proximity to homes.

Lucia Yu, a project developer for Key Capture Energy, an Albany-based renewable energy company, told the board the proposed changes “significantly hinder the town’s goals of promoting sustainability and transitioning toward 100% renewable energy.”

She urged the board to include all business district zones in the first two tiers and remove the 19-megawatt threshold for the third.

“We understand the town’s desire to regulate land use, but the zoning map was not initially created with electric infrastructure in mind,” she said.

Southampton Town has proposed rules for siting battery energy storage systems following a year-and-a-half-long moratorium, restricting large-scale facilities from being built near homes and launching a new review process.

The changes cap a nearly 18-month study after community pushback to a proposed facility in Hampton Bays. Residents and officials said the town's existing code failed to address growing safety concerns about the technology.

The storage batteries complement renewable energy sources such as wind and solar by locking power that's generated for future use. But a number of high-profile fires at facilities, including in East Hampton in 2023, have led residents to urge for a more cautious approach to where they can be located.

Supervisor Maria Moore said during a public hearing last week that while battery energy storage is necessary, the town’s aim is to restrict potential sites “for the protection of the community.”

“In the future when the technology changes, we’ll be happy to revisit it,” Moore said.

The changes, which could be adopted at an upcoming board meeting, would cap the size of a facility to 19 megawatts. Any system greater than 600 kilowatts must be at least 300 feet from a residential property or an occupied community building, according to the legislation.

Some residents said the code revisions don’t go far enough, while representatives of energy companies said the changes are too restrictive and could conflict with the town’s goal of promoting renewable energy.

Water Mill resident Laura Zubulake said during the hearing: “Ban all BESS now.”

But Sam Brill of NineDot Energy, a Brooklyn-based developer of battery storage facilities that has proposed a 5-megawatt facility in Flanders, spoke to the board via Zoom and said the code changes “would kill BESS developments in Southampton for the foreseeable future.” He asked the board to consider the effects of climate change as it evaluates how to proceed.

Early moratorium

The town implemented a moratorium on new facilities in August 2023, and since then, a steering committee has reviewed public concerns and sought input from experts. The town board on Feb. 11 voted to set a public hearing later in the month to extend the moratorium an additional three months to field more feedback on the code changes. Board members said they don't expect the extension to last all three months.

Southampton was one of the first towns on Long Island that began to adopt a moratorium on battery facilities. In neighboring Brookhaven Town, where there’s currently no moratorium, proposals for eight separate battery storage plants are under consideration, Newsday has reported. Brookhaven hosted a forum in December to address community concerns about the facilities.

Southampton’s moratorium froze an application for a proposed 100-megawatt facility on a 4.9-acre site east of Shinnecock Canal and south of Sunrise Highway. The code revision would restrict the applicant, Canal Southampton Battery Storage LLC, from proceeding.

The code revision breaks down potential applicants into three tiers:

  • Tier 1: A proposed facility with a capacity between 80 and 600 kilowatts.
  • Tier 2: A proposed facility with capacity greater than 600 kilowatts and up to 5 megawatts. It would be limited to areas zoned for light industrial use.
  • Tier 3: Facilities that are greater than 5 megawatts and up to 19 megawatts. It would first require a separate legislative action to zone the property as a Renewable Energy Overlay District.

Clean energy debate

Marisa Nelson, assistant director of the Quogue Wildlife Refuge, asked the board to consider wildlife and natural resources in the planning of future BESS sites. She cited a proposal for a 2-megawatt solar array in Quiogue, located between the villages of Westhampton Beach and Quogue, as an area of concern “due to its significance as an important habitat for the wildlife.”

Councilwoman Cyndi McNamara, however, said a battery energy facility would not be allowed on the Quiogue property based on the revised code due its proximity to homes.

Lucia Yu, a project developer for Key Capture Energy, an Albany-based renewable energy company, told the board the proposed changes “significantly hinder the town’s goals of promoting sustainability and transitioning toward 100% renewable energy.”

She urged the board to include all business district zones in the first two tiers and remove the 19-megawatt threshold for the third.

“We understand the town’s desire to regulate land use, but the zoning map was not initially created with electric infrastructure in mind,” she said.

Updated BESS code

  • Southampton plans to restrict large battery energy storage systems from being built near residential areas.
  • A three-tiered approval process requires facilities to be built in particular areas based on the size of the system.
  • A public hearing on the changes remains open until Feb. 25.
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