Southampton Town’s year-and-a-half long moratorium on consideration of new Battery Energy Storage Systems expired on Feb. 13, and as the Town Board holds hearings on an overhaul of its BESS code this month, there will be another public hearing at its next meeting on Feb. 25 on extending the moratorium for three months.
Pictured Above: The proposed site of the Canal BESS project, which led Southampton Town to enact a moratorium on battery storage systems in 2023.
The board received mixed public opinion on the code overhaul at its first public hearing Feb. 11, with some saying they want BESS systems banned in Southampton, energy developers saying the restrictions imposed by the new regulations are akin to a ban, and those in the middle saying “the devil’s in the details” of implementing the new code.
Several neighbors of a proposed community solar array on South Country Road in Quiogue also said they were opposed to that project, particularly if it involves battery storage.
The public hearings on the revamped code will be continued at the board’s Feb. 25 meeting, at 6 p.m., along with a public hearing on extending the moratorium, which board members say will enable the town to fine tune the code revisions after public comment is made at the hearing.
Battery Energy Storage Systems, large batteries usually encased within shipping containers, store energy from the grid at times of low demand and release it to the grid when needed. They are seen as an important part of the transition to intermittent renewable energy, though their current use of volatile lithium ion batteries and four recent fires at BESS facilities in New York State, have created great public controversy.
Under Southampton’s proposed new regulations, BESS systems large enough to be considered Tier 2 and Tier 3 under the new code would be prohibited in residential areas. Stand-alone BESS systems in Tier 2 would have between 600 kilowatts and 5 megawatts of capacity, while Tier 3 systems with between 5 and 19 megawatts of capacity would have to be tied to a solar array. Projects with more than 20 megawatts of capacity would not be allowed.
Tier 2 systems would be reviewed by the Planning Board and Tier 3 systems would require a review similar to a zoning code change by the Town Board. Both sizes of systems would require rigorous environmental review through an Environmental Impact Statement.
Laura Zubulake of Water Mill started off the Feb. 11 hearing with a dire prediction, saying that BESS systems cause “fires, explosions, toxic air, toxic water, death and destruction,” adding that, with the high winds and power lines on the South Fork, “you have Maui. You are asking for trouble.”
She asked who was going to train and equip volunteer fire departments to fight BESS fires.
“Don’t tell me the town, because the taxpayers pay. The town, state and feds don’t have the money, because we fund this. You’re asking me and all the rest of us to fund your folly,” she added. “Ban all BESS now.”
Lucia Yu of Key Capture Energy, which has proposed several BESS projects on the East End, said BESS would be “vital to helping the town achieve its renewable energy goals,” and added that the industrial sites where the town says BESS can be developed are not near energy substations. She urged the boards to include business districts as areas where BESS can be developed, “aligned with where the energy infrastructure is located.”
“You live in Southampton Town?” Councilman Bill Pell asked her.
“No,” said Ms. Yu.
“We like home rule out here,” he said.
John Watson, a developer of community solar arrays in Upstate New York who does live in Southampton, said he thinks “Southampton is doing an amazing job.”
He added that the setback requirements in the new code, requiring properties containing BESS facilities to be 300 feet (lot line to lot line) from residences and occupied public buildings are “extremely restrictive. From a community preservation standard, you should be assured of that.”
Tip Brolin, a member of the town’s Sustainability Advisory Committee, pointed out that the code sets the lower limit at 600 kilowatt/hours and the upper limit at 5,000 kilowatts, two completely different units of measurement.
“That’s like saying the bottom is a two and the top is a cabbage,” he said, adding that he would like to see the code drafted so BESS systems could not be used to enable the utility to buy cheap energy at night and resell it during times of higher demand.
“That would not benefit us,” he said.
Several neighbors of the South Country Road property said they’re concerned about that project, which is on a 13-acre lot owned by the Village of Westhampton Beach that has been leased to CVE North America Solar Company for a 4,000-panel solar array. The project, which is outside of the village, went to the Southampton Town Planning Board for review in January of 2024. Town planning staff requested additional environmental review under the State Environmental Quality Review Act in May of 2024.
“The lease allows the company to install a BESS,” said John Lynch, an attorney who lives near the site, adding that he believes the 300-foot setback provision would preclude a BESS being built there.
“It’s close to the Quogue Wildlife Refuge,” he said, adding that the wooded area surrounding the site “could possibly ignite.”
“We have to balance safety with the need for these systems, but I think safety has to come first,” he said.
Quogue Wildlife Refuge Assistant Director Marisa Nelson urged the board to “consider wildlife and natural habitats when considering future sites,” adding that the South Country Road property is important habitat that interconnects geographically with nearby wooded land.
“Wildlife corridors are essential for migration of wildlife,” she said. “They provide access to resources necessary for survival. Habitat fragmentation disrupts ecosystems. You have the opportunity to alleviate these threats…. We feel the Quogue Wildlife Refuge is becoming an island within the island because of the development.”
She added that the pine barrens woods are already suffering from an infestation of the southern pine beetle, and the dead trees are adding to the fire load.
“That should be a consideration when placing anything flammable or hazardous,” she said.
“Do not approve batteries to be stored here,” said neighbor Ellen Worth. “You have no right to devalue my property significantly.”
“This is the last thing I need behind my house,” agreed Layla Masi. “Think about that from a humane perspective.”
“I think the devil is in the details,” said Gail Lombardi of Hampton Bays, who was at the forefront of an effort to stop a 100 megawatt project known as Canal BESS, not far from the Shinnecock Canal. That effort led to the town’s moratorium and code revision.
“You have done a deep dive of due diligence,” she added. “But remember how this started. It was a knee jerk reaction.”
“Hopefully, we will have a code in place by the beginning of next month,” said Councilwoman Cyndi McNamara, explaining that the town is considering extending the moratorium because “we just didn’t want to rush the end of this process.”
“Keep an eye on it. Be a participant,” she added. “Keep it on your radar, and keep being involved.”
Here’s the text of the code changes.
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