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Home My WebLink AboutLL #04 2026 STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA KATHY HOCHUL 99 WASHINGTON AVENUE GOVERNOR ALBANY,NY 12231-0001 WALTER T. MOSLEY HTTPS:HDOS.NY.GOV SECRETARY OF STATE May 12, 2026 Town.of Southold RECEIVED Town Hall 53095 Main Road PO Box 1179 Southold, NY 11971 RAY 19 210 Southold Town Clerk RE: Town of Southold To Whom it May Concern: Local Law 3, and 4 of the year 2026 was filed with this office on 4/29/2026. The Department of State Local Law Index Number 3, and 4 of the year of 2026. 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 *The Local Law filing form has been updated as of 03/05/2025.in compliance with Section 27 of the Municipal Home Rule Law* Yo K Department STATE of State DENIS NONCARROW Town Hall, 53095 Main Road TOWN CLERK ;:z P.O. Box 1179 REGISTRAR OF VITAL STATISTICS ' , Southold,New York 11971 MARRIAGE OFFICER Fax (63 T) 7655=64-45_.- RECORDS MANAGEMENT OFFICER Telephone(631) 7-65- 800 FREEDOM OF INFORMATION OFFICER MAY V `026 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 22, 2026 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law listed below on April 21,2026 at the.Southold Town Recreation Center, Peconic Lane, Pecoric,New York 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. t� Denis Noncarrow Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town Southampton Southold Building Dept - Sout of Planning Dept Southold Trustees Sou o d sessors Southold ZBA Vil ag f eenport Signatu jeceid by D e Please print name Title The 61tffolk Timm SUFFOLK COUNTY AFFIDAVIT LICA I LEGAL NOTICE LEGAL NOTICE The Suffolk Times NOTICE OF PUBLIC HEARING PO Box 1500, Mattituck, NY 11952 NOTICE IS HEREBY GIVEN that (518) 730-4551 the Town o d,Bin the County o Suffolk, of Orange, ss: State of New York,shall hold a State of Florida, County 9 public hearing on Wednesday,May 20,2026 at 6:00 p.m.,or as soon I, An ana Bhadori a, of lawful age, being duly sworn upon oath thereafter as this matter can be J Y 9 9 Y p heard,at the Peconic Community depose and say that I am an agent of Column Software, PBC, Center,1170 Peconic Lane, dulyder appointed and authorized agent of the Publisher of The Peconic;New York to In relation Pp 9 any and all comments In relation Suffolk Times, a Weekly newspaper of general circulation, to the increase and improvement. printed and published in Mattituck, Suffolk County, New York, of facilities of the Fishers Island Ferry District,consisting-of the designated by the County Clerk of Suffolk County as a replacement of the South Vehicle newspaper of record;that the publication,a copy of which is Offloading Ramp at the District's attached hereto, was in the said published news pa er Fishers Island Terminal,at the p p p on the aggregate estimated maximum following dates. cost of$1,600,000. At said public hearing,the Town Publication Dates: Board will hear all persons interested in said subject matter • Apr 30, 2026 thereof. Dated:April21,2026 Notice ID: WedriEuplgiRMkgptaso Southold,New York Notice Name: FI Bond PH By Order of the Town Board of the Town of Southold,Suffolk County, Publication Fee: $47.24 New York Anjana 81161414Ya Agent ��U`�tddtlgU�/ / JESSICA GORDON-THOMPSON Notary Public-State of Florida VERIFICATION Commission#HH301656 'o State of Florida ..9� .....F pQ\\QC� Expires on August 17,2026 County of Orange Signed or attested before me on this: 05/01/2026 Notary Public Notarized remotely online using communication technology via Proof. FI Bond PH Page 1 of 1 DENIS NONCARROW Town Hall, 53095 Main Road TOWN CLERK , P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold,New York 11971 MARRIAGE OFFICER Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 22, 2026 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law listed below on April 21, 2026 at the Southold Town Recreation Center, Peconic Lane, Peconic, New, York 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: To1X-"of F verhead T xyn of Shelter island Town 'Of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of.Greenport Qi"gnaturAeg, R�eceive�dby Date Please print name tiife ■ Co IetQ!t s 1,2,and 3. A. Signature i Print yoo " ❑Agent ur f�a a and address on the reverse X CO so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address differerjt from item Yes (— __..__._..._....__.__. __._____.___ __ __ If YES,enter delivery ad ressbelow: EFNo SC Dept of Economic�Dev.A Planning "II ,9,9 H.°Lee Dennison Bldg,4th Floor1 PO Box 6100 ., r 100 Vets Memorial Highway Hauppauge,NY 11788 3. Service Type ❑Priority Mail Express® II I IIIIII I'll III I II II II III I III III I I IIIIIIII III ❑Adult Signature ❑Registered Mail ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted Certified Mail® Delivery 9590 9402 7131 1251 6918 90 ❑Certified Mail Restricted Delivery ❑Signature ConfirmationTM ❑Collect on Delivery ❑Signature Confirmation. 2. Art r.Iw.Numhwr_?ransfar from.seNlce./abeh. ❑Collect on Delivery Restricted Delivery Restricted Delivery 7 D 0 5-:116 D. 'DOD 2 8 6 5 D 2 8 6 3 su ea Mail Restricted Delivery ' fiver$500) PS Form 3811,July 2020 PSN 7530-02-000-9053 Domestic Return Receipt LISPS TRACKING# First-Class Mail Postage&Fees Paid LISPS Permit No.G-10 9590 9402 7131 1251 6918 90 United States •Sender:Please print your name,address,and ZIP+4®in this box• Postal Service Southold Town Clerk PO Box 1179 Southold, NY 11971 ul��!�liN�ll�11l��rll�i+�il,I��1��1�1l��rf�l��ll�►��i�Nl��lt t .la COMPLETE�i SENDER: • Irr.��i��rrr.'/6YC9aC.3rI�7dL�7J/�T�/P/�:Y j ■ Complete items 1,2,and-3. A. signature - ■ Print your-'name-and address on the reverse X / ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, _ B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. 1. A„_ricle Addressed-to:-- D. Is delivery address different from item 17 ❑Yes i If YES,enter delivery address below: ❑No LI State Park Cammission Belmont Lake'S:tate Park P.0<BDx 247 BaWon,.N.Y 11702. 3. Service Type ❑Priority Mail Expresso ❑Adult Signature ❑Registered Mail*"" Adult Signature Restricted Delivery ❑Registered Mail Restricted 19590 9402 9182 4225 3449 29 ❑Certified Malt® Delivery Certified Mail Restricted Delivery ❑Signature Congrrnation*^' ❑Collect on Delivery ❑Signature Confirmation 2. Article Number ffransfer from service label ❑Collect on Delivery Restricted Delivery Restricted Delivery — — ) —---�' ._ved Mail .9 5 8.9 0 710 .5 2 7 0 2355 1312 21 Ired Mall Restricted Delivery r$5.0_0) '•:,PS Form'•,3811,July.k PSN 7530,02�000-9053,; Domestic Return Receipt i USPS TRACKING# First-Class Mail all �� P6stage4&Fees'Paid USPS Permit No.G-10 9590 9402 9182 4225 3449 29 United States •Sender:Please print your name,address,and ZIP+40 in this box* k Postal Service --- - - - RECEIVED OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD 53095 Main Road VAR I If PO Box 1179 Southold,NY 11971 Southold Tow C..,Sas f s. t��y„��iUt,Ott„►llllll,t,tl�lllltl�ltt�llltjllt,l„Iilltlihtl 8E55 K.r'wbrivt,fi x-} ■ Complete items 1,2,and 3. A. Signature ■ Print your name and-address on the reverse X ❑Agent 7 av so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Datq of Delivery or on the front if space permits. q 07 1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes -- —---- ---- If YES,enter delivery address below: ❑No LI State Park Commission 1 Belmont Lake State Park PO Box 247 Babylon,NY 11702 - —'- 3. Service Type ❑Priority Mail express® II I IIIIII IIII III I II II II III I III III I I II'I II I I III ❑Adult Signature ❑Registered Mail ❑Adult Signature Restricted Delivery ElR Registered Mail Restricted' ertified Mail® Delivery ❑Certified Mail Restricted Delivery ❑Signature ConfirmationT^+ 9590 9402 7131 1251 6918 83 ❑Collect on Delivery ❑Signature Confirmation 2._Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery Restricted Delivery ❑Insuied Mail 7005 '11: ❑.Insured Mall Restricted Delivery (over$500) Ps Form 3811,July 2020 PSN 7530-02-00079053 Domestic Return Receipt i. USP8;-RACKING# :'.r "+;,•;::= First-Class Mail 17 Postage&Fees Paid USPS Permit No.G-10 I 9590 9402 7131 1251 6918 83 United States •Sender:Please print your name,address,and ZIP+4®in this box• Postal Service - Southold Town Clerk PO Box 1179 (r Southold, NY 11971 L 1.1111lll+1 .I DENIS NONCARROW Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold,New York 11971 MARRIAGE OFFICER Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER �w Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 22, 2026 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law listed below on April 21, 2026 at the Southold Town Recreation Center, Peconic Lane, Peconic,New York 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 �u-ft �+ ' Md S S t Village of Greenport Signature, Received by Date Please print name Title DENIS NONCARROW Town Hall, 53095 Main Road TOWN CLERK } m P.O. Box 1179 REGISTRAR OF VITAL STATISTICS ;y Southold,New York 11971 MARRIAGE OFFICER Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER ,,'�' Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 22,2026 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law listed below on A126121,2026 at the Southold Town Recreation Center,Peconic Lane,Peconic,New York 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 Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA. Village of Greenport Ci� • S 4/?/0W°;6 Signature,Received by VDate 5 JNID y A, 501 EERmEYiS�' 3XJ7W4M1trW 7 W Please print name Title ftwo DENIS NONCARROW Town Hall, 53095 Main Road TOWN CLERK " P.O. Box 1179 REGISTRAR OF VITAL STATISTICS fir^' Southold,New York 11971 MARRIAGE OFFICER 'l1�+ Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER � � Telephone (631)765-1800 FREEDOM OF INFORMATION OFFICER I OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 23, 2026 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has.ENACTED the proposed Local Law listed below on AAril 21,2026 ,at the Southold Town Recreation Center, Peconic Lane, Peconic,New York A Local Law in relation to a twelve (12) month Extension of a Temporary Moratorium.on the issuance of gr+nroya!s'antl%car hermits for Bafitery Energy:i torage System (BZ♦;SS)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 Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Vi of GreenpoA gnature,Rece&ed.by Date Please print name Title J DENIS NONCARROW z Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS 'T Southold,New York 11971 MARRIAGE OFFICER °t �b Fax(631)765-6145 RECORDS MANAGEMENT OFFICER Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 24,2026 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law listed below on,. April 21,2026 at the Southold Town Recreation Center, Peconic Lane, Peconic,New York 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 Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport 14- Signature, Received by Date 1JU�I.I.(�la'tiz Please print name Title DENIS NONCARROW Town Hall, 53095 Main Road TOWN CLERK v P.O. Box 1179 REGISTRAR OF VITAL STATISTICS Southold,New York 11971 MARRIAGE OFFICER Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER Telephone (631)765-1800 .FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 22, 2026 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law listed below on April 21, 2026 at the Southold Town Recreation Center,Peconic Lane,Peconic,New York 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 Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport Signature,Recei o by Date -'N-&Ov\ Q�.V P ease print narje Title SuFQZ,YC � ®G DENIS NONCARROW Town Hall, 53095 Main Road cz TOWN CLERK P.O. Box 1179 REGISTRAR OF VITAL STATISTICS • �� Southold,New York 11971 MARRIAGE OFFICER 'jlp� �.a0 Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 26, 2026 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law listed below on April 21,2026 at the Southold Town Recreation Center, Peconic Lane, Peconic,New York 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 Storaste 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 Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village�of Greenpo Signature, Re ' ed by Date Please print name Title DENIS NONCARROW 5 Town Hall, 53095 Main Road TOWN CLERK N _ P.O. Box 1179 REGISTRAR OF VITAL STATISTICS ',, Southold,New York 11971 MARRIAGE OFFICER ,� '� . ' " Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER , Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 22, 2026 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has_ENACTED the proposed Local Law listed below on April.242026 at the Southold Town Recreation Center, Peconic Lane,Peconic,New York A Local Law in relation to a twelve(12) month Extension.of a Temporarv.Moratorium on the issuance of anprovals acid/or permits for Battery EnerV.Storage-System (BESS)facilities Please sign this letter and return to me at your earliest convenience. Thank you. Denis Noncarrow Southold Town Clerk 1 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 Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport 3 i Signa _ e,Received by Date 4 n As, Please print name Ti e DENIS NONCARROW n Town Hall, 53095 Main Road TOWN.CLERK '� `t P.O. Box 1179 REGISTRAR OF VITAL STATISTICS 111Southold,New York 11971 MARRIAGE OFFICER , . ' Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER '? , ' Telephone(631)765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 22, 2026 PLEASE TAKE NOTICE that the Town Board of the Town of Southold has ENACTED the proposed Local Law listed below on April 21,:2026 at the Southold Town Recreation Center,Peconic Lane,Peconic,New York A Local Law in relation to a twelve (12) month Extensiowof a Temporary Moratorium on.the issuance of approvals and/or permits for Battery Energy Storage System..(BESS)facilities. RECE E® Please sign this letter and return to me at your earliest convenience. Thank you. APR 2 2 2�26 I _ Southold Town Clerk Denis Noncarrow Southold Town Clerk Attachments cc: Suffolk County Dept of Planning Long Island State Park Commission i j Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Soutld Assess rs. Southold ZBA reenort Vilage Signatfire,Received by Date i kA P j I Please print name Title i I i i P T DENIS NONCARROW Town Hall,53095 Main Road P.O. TOWN CLERK nF 507 Box 1179 Southold,New York 11971 Fax REGISTRAR OF VITAL (631)765-6145 Telephone(631) STATISTICS MARRIAGE OFFICER 765-1800 RECORDS MANAGEMENT ",, ,�► www.southoldtownny.gov OFFICER FREEDOM OF INFORMATION OFFICER toy 1V, OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2026-393 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 21,2026: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 26th day of February 2026, 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,that 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, and 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 voted to disapprove the proposed local law, and WHEREAS,the rationale for the Planning Commission's decision was based on the newly adopted updates to the New York Fire Code,which became effective January 2026. The updated Fire Code was drafted in conjunction with the Governors 2023 working group which was formed to examine the safety and security of BESS Systems, and encouraged the Town to consult other municipalities BESS Code, and WHEREAS,the Suffolk County Planning Commission also provided comments, and 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 Page 110 of 123 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 intends to override the disapproval of the Commission: 1. The Planning Commission suggested the Town review the Model Law by NYSERDA, which was published in February 2026, and the New York State Fire Code,which only became effective January 2026. However, sufficient time must be granted to effectively review and consider these suggestions. The NYSERDA guidance document for adopting local zoning code for BESS calls for the first step in the process to be an update specific to BESS in the Town's Comprehensive Plan,which in turn will support the zoning code for BESS. The steps for updating even a small section of the Comprehensive Plan include public input,which is time-consuming. Since this guidance document was issued in February 2026, it is reasonable to expect it to take the Town considerable time to get through the process of adopting changes to the Comprehensive Plan, and then developing new code for BESS that is consistent with that update. 2. The Planning Commission also suggested the Town make only BESS portions of a possible larger land use application the subject of whether a proposal is unfit. This twelve (12)month moratorium extension is specific and would restrict BESS facilities only. If a BESS facility were part of a larger land use application,the Town would certainly use best efforts and land use expertise to consider all possible options. 3. Finally,the Planning Commission suggested the Town engage with other municipalities to review regulations that may relate to BESS. The Town has already undertaken to do so and finds coordination will be productive but also time-consuming, and it further be RESOLVED that the Town Board finds 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 in addition to reconvening the Southold BESS Task Force to review same and access their recommendations, and it further be RESOLVED that 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 also finds that although not mentioned by the Suffolk County Planning Commission,the Town is still heavily engaged in the Town Zoning Update which will have huge bearing on the implementation of a BESS Code. The Zoning Update is a comprehensive update of its zoning code. With limited resources,the process of zoning updates, including those for BESS,take time to accomplish; and it further be 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 Page 117 of 123 Storage System (BESS) facilities"and reads as follows: LOCAL LAW NO. 2026 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: 1. PURPOSE-Moratorium Extension In furtherance of Local Law 2025-4,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. In July 2025, the Code Council adopted the Fire Safety Working Group's recommendations for the 2025 NYS Fire Code,which took effect January 1,2026. 4. The Town Board finds that in order to review and comply with the newly effected Code, it 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 laws to successfully work toward a safe and effective Bess Code; 5. With the new State Fire Code in effect,the Town Board now must reconvene the Town of Southold BESS Task Force to review the new Code,make recommendations to the Town Board for adopting a BESS Code that complies and aligns with the NYS Fire Code; 6. Due to unforeseen circumstances,which include discontinuing the work with the Zoning Code Consultants, and other matters,the ongoing comprehensive zoning update project being conducted by the Town is not near completion. 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 Town Board does not find it possible now 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 Town's Comprehensive Plan and other applicable town laws that will affect the BESS facilities,require guidance from the NYS Page 118 of 123 Fire Code as well as the Towns Task Force. The timeline for the Zoning Update, due to circumstances beyond the Towns control,will be extended considerably. 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 2024-6 with an effective date of April 3, 2024. Further extension was adopted by Local Law 2025-4 effective April 22, 2025 and the current moratorium is set to expire on April 22, 2026. 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. Page 119 of 123 w 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 MOVER: Councilwoman Doherty SECONDER: Councilman Mealy AYES: Councilman Mealy, Justice Stevens, Councilwoman Doherty, Councilwoman Smith, Councilwoman Suess, Supervisor Krupski, Jr. NAYES: None Page 129 of 123 Rudder, Lynda From: Rudder, Lynda Sent: Wednesday,April 22, 2026 3:18 PM To: Bunch, Connie; Candice Hall; Cantrell, Elizabeth; Flinter, William; Fuentes, Kim; Lanza, Heather; Michaelis,Jessica; Noncarrow, Denis; Norklun, Stacey; Nunemaker, Amanda; Riverhead Town Clerk; Sepenoski,John; Shelter Island Clerk; Southampton Town clerk (TownClerk@southamptontownny.gov);Verity, Mike;Weisman, Leslie Subject: FW: Notice of Enactment Attachments: LL#4.docx; LL#4.docx Importance: High This time form and Local Law attached From: Rudder, Lynda Sent:Wednesday,April 22, 2026 3:16 PM To: Bunch, Connie<Connie.Bunch @town.southold.ny.us>; Candice Hall <chall@greenportvillage.org>; Cantrell, Elizabeth <elizabethc@town.southold.ny.us>; Hinter,William<williamfl@southoldtownny.gov>; Fuentes, Kim <kim.fuentes@town.southold.ny.us>; Lanza, Heather<heather.lanza@town.southold.ny.us>; Michaelis,Jessica <jessica.michaelis@town.southold.ny.us>; Noncarrow, Denis<denisn@southoldtownny.gov>; Norklun, Stacey <Stacey.Norklun@town.southold.ny.us>; Nunemaker,Amanda <Amanda.Nunemaker@town.southold.ny.us>; Riverhead Town Clerk<wilhelm@townofriverheadny.gov>; Sepenoski,John <johnsep@town.southold.ny.us>; Shelter Island Clerk <townclerk@shelterislandtown.us>; Southampton Town clerk (TownClerk@southamptontownny.gov) <TownClerk@southamptontownny.gov>;Verity, Mike <Mike.Verity@town.southold.ny.us>;Weisman, Leslie <lesliew@town.southold.ny.us> Subject: Notice of Enactment Importance: High Cla /y A&P Lynda M Rudder Deputy Town Clerk Deputy Registrar Principal Account Clerk Southold Town Clerks Office PO Box 1179. . 53095 Main Road Southold,NY 11971 lynda.rudder@,town.southold.ny.us (631)765-1800 i Rudder, Lynda From: ersupp <ersupp@generalcode.com> Sent: Wednesday,April 22, 2026 3:16 PM To: Rudder, Lynda Subject: RE: LL#4 Thank you for your e-mail. 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General Code 1-800-836-8834 ersupp@generalcode.com_ 1 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 �' RECORDS MANAGEMENT OFFICER ®� ��® Telephone oldt nny.go0 FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD April 22, 2026 EI 992 516 407 US Priority Mail Express RE: Local Law No. 3 and 4 of 2026 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 Law No. 3 and 4 of 2026 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, Lynda M Rudder Deputy Town Clerk Enclosures cc: Town Attorney New York State Ew Department of State Department of State V K DIVISION OF CORPORATIONS, STATE Corporations,State Records& UCC 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 2 Local Law Title: A I oral I aw in rPintion to a twP"IVP (12) month PxtPnsinn of a Tam nn rary Moratorium on the ssuance of approvals andlor permits for Battery Energy Storage System (13ESS) facilities Be it enacted by the Town Board of the (Name of Legislative Body) ❑ County ❑ City ❑✓ Town ❑ Village (Select one) of SOUTHOLD as follows on the attached pages: (Name of Local Government) 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 3 r LOCAL LAW NO. 4 of 2026 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 2025-4, 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. In July 2025, the Code Council adopted the Fire Safety Working Group's recommendations for the 2025 NYS Fire Code, which took effect January 1, 2026. 4. The Town Board finds that in order to review and comply with the newly effected Code, it 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 laws to successfully work toward a safe and effective Bess Code; 5. With the new State Fire Code in effect, the Town Board now must reconvene the Town of Southold BESS Task Force to review the new Code, make recommendations to the Town Board for adopting a BESS Code that complies and aligns with the NYS Fire Code; 6. Due to unforeseen circumstances, which include discontinuing the work with the Zoning Code Consultants, and other matters,the ongoing comprehensive zoning update project being conducted by the Town is not near completion. 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 Town Board does not find it possible now 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 Town's Comprehensive Plan and other applicable town laws that will affect the BESS facilities, require guidance from 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 be extended considerably. J 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 2024-6 with an effective date of April 3, 2024. Further extension was adopted by Local Law 2025-4 effective April 22, 2025 and the current moratorium is set to expire on April 22, 2026. 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 26 of the (County)(City)(Town)(Vi I lage) of Southold was duly passed by the Town Board on April 21 20 26 in accordance (Name of Legislative Body) with the applicable provisions of law. 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive 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)(Vil lag e) 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. (Subject to permissive referendum and final adoption because 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)(Vi I lag e) 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 2 of 3 Local Law Filing 5. (City local law concerning Charter revision proposed by petition.) 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 Charter.) 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, nd w s finally adopted in the manner indicated in the paragraph above. Clerk of the county legislative body, City, Town or Village Clerk or officer designated by local legislative body (Seal) April; 22, 2026 (Date) DOS-0239-a-f(Rev. 02-25) page 3 of 3 TO BE READ FOR PUBLIC HEARING PUBLIC HEARING SUMMARY THE PURPOSE OF TONIGHT'S PUBLIC HEARING IS TO CONSIDER A LOCAL LAW NO. OF 2026, 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 AFFIDAVIT OF SERVICE FROM THE NEWSPAPER INDICATING THAT THE NOTICE WAS PUBLISHED. THE APPLICATION REQUIRES NOTICE TO THE SUFFOLK COUNTY PLANNING COMMISSION. THE TOWN CLERK FILE INCLUDES THE RESPONSES OF THE PLANNING COMMISSION DATED APRIL 10, 20265 DISAPPROVING THE PROPOSED LOCAL LAW. 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. THE TOWN CLERK FILE ALSO INCLUDES AN AFFIDAVIT OF POSTING ON THE PUBLIC NOTICE ON THE TOWN CLERKS BULLETIN BOARD AT THE TOWN HALL. FINALLY, A LETTER IN OPPOSITION WAS RECEIVED FROM KEY CAPTURE DATED APRIL 17, 2026. AN EMAIL WAS RECEIVED MONDAY APRIL 20TH FROM HARRISON BENCH ON BEHALF OF STUDENTS FOR CLIMATE ACTION. TWO EMAILS WERE RECEIVED TODAY, ONE FROM KATHERINE SATTLER AND ONE FROM FARAH ALZAFARANI. T-W&LETTERS IN SUPPORT WERE RECEIVED. ONE FROM THE PLANNING BOARD OF SOUTHOLD DATED MARCH 26, 2026 AND ONE FROM FRIENDS OF OREGON ROAD DATED APRIL 13, 2026. - tmml 0 fro'-_ n APR 22 2W .r Town of Southold 53095 Route 25 Southold, NY 11971 April 21, 2026 Re: Battery Energy Storage System Deployment and the Town of Southold Dear Southold Supervisor Krupski and the Town of Southold Council, I am writing on behalf of the New York League of Conservation Voters to urge the Town of Southold to allow the expiration of the current moratorium on Battery Energy Storage Systems (BESS) and to support the responsible, appropriately sized deployment of these systems within the town. BESS are essential for storing and integrating excess energy from the grid, as well as for providing reliable power during extreme weather or periods of peak demand. These systems reduce reliance on fossil fuel plants, support New York's clean energy goals, create good-paying local jobs in the clean energy sector, and help tackle the growing affordability crisis by stabilizing the price of energy. We understand that local municipalities have had concerns over the safety of these deployments. However, modern BESS facilities are designed and operated under some of the strictest safety codes in the nation. The New York State Fire Prevention and Building Codes Council issued updated safety guidelines for BESS deployment in July of 2025, reflecting the latest best practices in fire safety, system design, and emergency response. In support, six former FDNY leaders, including retired Commissioner Thomas Von Essen, have affirmed that "battery energy storage can and should be safely integrated into our communities." Too many municipalities— by either rejecting this clean and safe technology outright or through overly-restrictive codes—are missing an opportunity to provide energy security, grid resilience, local construction jobs, and more stable utility bills for their residents. We ask that you take the necessary steps to update your BESS code to embrace this technology. We are open to discussing this topic further with your office in order to achieve a cleaner, safer, and healthier Town of Southold. Sincerely, Joseph Stallone Long Island Political Campaign Manager New York League of Conservation Voters V MOO KEY/CAPTURE 'ENERGY APB 20 20M : E April 17, 2026 Town of Southold Attn: Albert Krupski, Town Supervisor 53095 Route 25 PO Box 1179 Southold,NY 11971 Via Email only to: denisn@southoldtownny.gov RE: Local Law No. _ of 2026 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 Dear Supervisor Krupski and Honorable members of the Town Board: Key Capture Energy, LLC ("KCE")respectfully submits this comment letter in response to the Town's proposed 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. Respectfully,KCE's urges the Town of Southold(the"Town")to lift the moratorium, decouple the proposed BESS code amendments from the adoption of the Comprehensive Plan, and begin processing BESS applications. Given that the Town has already held a 3-year moratorium period, a 12-month extension will further delay and substantially disrupt any development of BESS projects within the Town. KCE is an Albany,NY-based battery energy storage developer, owner, and operator with a focus on utility-scale projects throughout the United States. KCE selects project sites, secures all necessary permits,procures full battery energy storage systems,manages construction and site commissioning, and operates BESS projects throughout their lifecycle. KCE currently has 43 MW of BESS in operations across three projects in the state, including KCE NY 6, the largest operational BESS facility in New York. In July 2025, the State's Fire Prevention and Building Code Council formally approved new fire and safety codes and standards that were recommended by the New York State Inter-Agency Fire Safety Working Group. This code became effective in January 2026. Included in the new code are stringent safety requirements that all BESS projects must adhere to and a process of independent third party review to ensure safe deployment of these systems without using additional Town resources. The Fire Safety Working Group was initially assembled in response to fires at non-KCE battery storage facilities in 2023. The expertise in this group is widespread, and consists of state agency officials from the Division of Homeland Security and Emergency Services, Office of Fire Prevention and Control, and Department of State, as well as nation-leading BESS safety industry experts. Over the last two years,the Fire Safety Working Group conducted extensive research on BESS safety and recommended changes to enhance and improve the existing State Fire Code. The State recognizes that BESS are www.keycaptureenergy•com 1 25 Monroe Street,Suite 300,Albany, NY, 12210 1 (516) 279-2955 41 KEY/,CAPTURE z� E N E R G Y i critical to achieving a more stable and reliable electric grid, and the safety code updates have been made to ensure these systems meet the highest standards of safety. Now that the new safety codes have been approved, there is no reason to extend the moratorium any further. KCE respectfully urges the Town to lift the moratorium and begin processing applications. All proposed BESS projects on Long Island, including KCE's project in Cutchogue, are being designed and engineered to incorporate these updated codes. KCE maintains an unwavering commitment to fire safety and emergency preparedness. When the Fire Safety Working Group was first convened, they performed detailed inspections of all existing large- scale battery energy storage projects in the state. All of KCE's operating projects passed these inspections with no problems, demonstrating that the safety standards KCE has in place for its operating projects meet, and often exceed, requirements. KCE strictly adheres to industry best practices through our rigorous operations standards and promotes a culture of safety. With 14 operating projects across New York and Texas, KCE is proud of our safety record. Battery energy storage is critical to ensuring that Long Island residents and businesses have a reliable and stable electric grid today and in the future. These systems are also critical to helping Long Island and the state meet its decarbonization goals. In support of the State's BESS deployment goal of 6,000 MW by 2030, KCE's development pipeline includes upwards of 1,000 MW of battery energy storage projects in the New York Independent System Operator("NYISO") interconnection queue, of which over 500 MW are located on Long Island. The Long Island Power Authority ("LIPA") has approved long-term contracts for two of KCE's projects proposed in Suffolk County,totaling 129 MW. I These will serve as a critical resource to meet clean energy goals and reliability needs for Long Island. KCE's proposed project in Cutchogue, known as KCE NY 26, is located at 10750 Oregon Road. This is a 26.7-acre parcel in the Light Industrial zoning district(and Industrial in the Proposed Zoning Map). The project will interconnect to the Long Island Power Authority transmission lines Route 48 with a proposed transmission easement through the Southold Landfill-Solid Waste site. KCE NY 26 will serve as a critical resource to meet reliability needs for Long Island as electric demand is expected to grow substantially in the years ahead. BESS facilities need to be located near transmission infrastructure and the location near an existing substation in an industrial zone makes this site ideal to support Long Island's electric grid. Theproject would use lithium-ion batteries,which are industry standard and are widely used across the country in utility-scale BESS installations today. The batteries used in KCE's systems must pass much more rigorous safety and operational standards than batteries in common items, such as e-bikes, laptops and other consumer products. This includes national and international fire association testing, specifically the UL 9540A test related to fire and thermal events. KCE understands that the community may have questions about the proposed project. KCE is commmitted to proactive community engagement and believes that these questions can best be addressed more effectively during the permit review process. The project is also expected to make 1 https//keycaptureenergy coma-board-of-trustees-approve-two-utility-scale-battery-energy-storage-contracts/ www.keycaptureenergy.com 1 25 Monroe Street,Suite 300,Albany, NY, 12210 1 (516) 279-2955 <r' ! KEY/CAPTURE ENERGY t , significant tax payments to the Town and Mattituck-Cutchogue School District over its lifetime. KCE looks forward to continued conversations with the Town and County about those anticipated payments. KCE appreciates the Town for recognizing the benefits a standalone battery energy storage law will provide residents and developers. KCE urges that the moratorium be lifted so the Town can begin processing BESS applications. Thank you for your consideration and prompt attention to this matter. KCE welcomes the opportunity to collaborate and looks forward to engaging in a constructive dialogue. If you have any questions or would like additional information,please feel free to contact me directly via email: lucia.yu@keycaptureenergy.com. Sincerely, KEY CAPTURE ENERGY /-U G Z Lucia Yu Senior Manager, Development www.keycaptureenergV.com 25 Monroe Street,Suite 300,Albany, NY, 12210 1 (516) 279-2955 Noncarrow, Denis From: Lucia Yu <lucia.yu@keycaptureenergy.com> Sent: Friday,April 17, 2026 11:45 AM To: Noncarrow, Denis Subject: Key Capture Energy BESS Moratorium Comments Attachments: KCE - Southold Moratorium Comments -Town Board 4.17.2026.pdf Hi Mr. Noncarrow, Hope you are doing well. Key Capture Energy would like to respectfully share comments our comments regarding the proposed 12-month BESS moratorium extension in advance of the public hearing on 4/21. We would appreciate if you could share this with the Supervisor and Town Board members.Thank you in advance for your consideration and our team is standing by if there are any questions. Best, Lucia Lucia Yu ' # 1 Senior Manager, Development <, KEY CAPTl9�8E g N E RG—Y Phone:+1(925)667-8011(EST) Email: lucia.yu@keycaptureenergy.com ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i Noncarrow, Denis From: Mealy, Brian Sent: Monday,April 20, 2026 4:44 PM To: Noncarrow, Denis;Johnson, Benjamin; Schlachter,Amy; Franke, Diana; Born, Sabrina; Krupski,Al; Standish, Lauren;Tomaszewski, Michelle Subject: Fw: Opposition to BESS Moratorium Extension Hi Denis & Everyone: This is a letter I received re: BESS in Southold Town APR 2 1 20 From Harrison Bench of Students for Climate Action. 1 `?' !� a•r,,, 9 .� Best i._ �.i t`41 k'"hll�h'[ Brian O. Mealy From: Harrison Bench<h bench @s4ca.org> Sent: Monday,April 20, 2026 4:35 PM To: Mealy, Brian Subject:Opposition to BESS Moratorium Extension Dear Councilman Mealy, I hope you are well. My name is Harrison Bench. I am a native Long Islander and the Deputy Executive Director of Students for Climate Action (S4CA), a youth-led environmental nonprofit with chapters throughout Long Island, including on the North Fork. Today, I write in opposition to the Town of Southold's proposed 12-month Battery Energy Storage System (BESS) moratorium extension. When the Town of Southold enacted its original moratorium in April 2023, BESS fire hazards and community safety were major concerns. Three BESS fires in New York State (including one in East Hampton) and unclear state fire safety standards prompted the Town to understandably enact a moratorium, along with several other Towns in Suffolk County. It is now three years later, and the Town is seeking to extend a twice-extended moratorium for 12 months, a period that has only been enacted by one other Town in Suffolk County. What has happened in those three years? • The New York State Fire Prevention and Building Code Council has adopted an undated Fire Code that includes language for BESS facilities,following recommendations that were published two years ago by the New York State Inter-Agency Fire Safety Working Group (who developed their recommendations through robust research, public comment, and professional input). o These regulations went into effect on January 1st of this year. o They are supported by firefighters hters across the state. i I r • Updated BESS codes have been enacted in Southampton,new BESS facilities have been greenlit in Riverhead, and moratoriums have expired in Huntington and Smithtown (the latter of which saw their most recent proposed extension denied by the Suffolk County Planning Commission). • Energy generated by renewable sources has increased, as has electricity demand. With all of these developments at hand,a 12-month BESS moratorium extension in the Town of Southold is unconscionable. Not only would the Town be ignoring the recommendation of the Suffolk County Planning Commission per its April 8th staff report, it would fall behind nearly every other Town in Suffolk County (and every Town on the East End),who recognize the importance of battery storage in meeting electricity needs. Why should developers and residents in Southold be put at a disadvantage, especially when new fire safety regulations have been published? In its proposed amendment,the Town states that it"does not find it possible now to adopt a BESS code where the zoning update is still being formulated."Why?Updating the Town's zoning code and comprehensive plan is undoubtedly a massive undertaking.Why not pass a new BESS code now- which can then be incorporated by reference into updated zoning plans-so as to reduce the work that needs to be done later? Furthermore, the Town acknowledges that it"must reconvene the Town of Southold BESS Task Force to review the new [State Fire] code." This code was adopted last July and went into effect on January 1st of this year.Why hasn't the BESS Task Force been reconvened before now? Extending the BESS moratorium may also present a litigation risk for the Town. Courts around New York have held that a moratorium can be invalidated due to a Town's "unreasonable delay in enacting a zoning ordinance" (Mitchell v. Kemp, 575 N.Y.S.2d 337, 338 (N.Y.App. Div. 2nd Dept., 1991)). Frequent moratorium extensions without substantial progress on zoning could be found to be"excessive and unconstitutionally void" (Duke v. Town of Huntington, 581 N.Y.S.2d 978, 980 (N.Y. Sup. Ct., 10th District, 1991)). It is additionally essential that any moratorium extension be designed "to protect the public interest and welfare until an ordinance is finally adopted" (Lake Illyria Corp.v.Town of Gardiner, 352 N.Y.S.2d 54, 57 (N.Y.App. Div. 3rd Dept., 1974)). Moratoria that rely"upon the speculative and unfounded `perception' of health risks by some" residents, and not scientific data,have been found null and void by Courts (Cellular Telephone Co.v.Village of Tarrytown, 624 N.Y.S.2d 170, 176 (N.Y.App. Div. 2nd Dept., 1995)). If a developer did decide to pursue litigation against the Town for its BESS moratorium, costs would be borne by taxpayers.This risk is even greater considering the Town, in its proposed amendment,has not updated the moratorium's variance protocol to include the 2025 New York State Fire Code. By proposing a 12-month BESS moratorium extension,the Town of Southold is kicking the can down the road. Battery storage is an important component of our energy system, especially as renewable generation and electricity demand rise. BESS facilities can (and should) be developed in a way that prioritizes community input, public safety, and regulatory efficiency. Updating the Town's BESS code, pursuant to the 2025 State Fire Code,would do just that. If the Town needs more time to update its BESS code,the moratorium extension should be limited to 3 months,not 12 (as has been recommended by previous Suffolk County Planning Commission staff reports). 2 Thank you for your time and consideration. Best, Harrison Bench Deputy Executive Director, Students for Climate Action Harrison Gifford Bench Co-Founder&Deputy Executive Director hbench@s4ca.org 1(631)747-4215 1 My LinkedIn Profile Connect with Students for Climate Action: Website I Facebook I Instagram I X I YouTube ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 3 l Born, Sabrina From: Noncarrow, Denis Sent: Tuesday,April 21, 2026 10:35 AM To: Suess,Alexa; Doherty, Jill; Mudd,Jennifer; Stevens, Kate; Krupski,Al; Mealy, Brian; Noncarrow, Denis; Norklun, Stacey; Born, Sabrina; Smith, Anne; Standish, Lauren; Tomaszewski, Michelle; Schlachter, Amy; Griffin, Kayla;Johnson, Benjamin; McGivney, Julie Cc: Born, Sabrina Subject: FW: Opposition to BESS Moratorium Extension RECEIVED Email on BESS Moratorium AP ry IS From: Katherine Sattler [ma i Ito:katherine.a.sattler@gmaiLcoml Sent:Tuesday, April 21, 2026 10:33 AM To: Noncarrow, Denis<denisn@southoldtownny.gov> Southold Town Clerk Subject: Opposition to BESS Moratorium Extension Dear Mr. Noncarrow, I am writing to express my opposition to the proposed extension of the Battery Energy Storage System (BESS) moratorium in the Town of Southold. While the Town's initial intent was to pause development in order to evaluate safety and zoning concerns, extending the moratorium into a fourth year is excessive and isn't justified. New York State has already implemented updated fire safety codes and clear regulatory frameworks for battery storage, ensuring that these systems are developed responsibly. At this point, continuing to delay progress does not provide additional protection, but it instead prevents the Town from moving forward with well-regulated clean energy solutions. Battery storage plays a key role in strengthening Long Island's energy grid, reducing reliance on polluting peaker plants, and supporting renewable energy like wind and solar. It also helps control costs for residents and contributes to a more reliable and resilient power system, especially during peak demand periods. I respectfully ask the Town Board to vote against extending the moratorium. Thank you for your time and consideration. Sincerely, Katherine Sattler ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i Born, Sabrina From: Noncarrow, Denis Sent: Tuesday,April 21, 2026 11:31 AM To: Suess, Alexa; Doherty,Jill; Mudd,Jennifer; Stevens, Kate; Krupski,Al; Mealy, Brian; Noncarrow, Denis; Norklun, Stacey; Born, Sabrina; Smith,Anne; Standish, Lauren; Tomaszewski, Michelle; Schlachter,Amy; Griffin, Kayla;Johnson, Benjamin; McGivney, Julie Cc: Born, Sabrina Subject: FW: Opposition to BESS Moratorium Extension RECEIVED Please see email below on BESS moratorium Thank you -----Original Message----- APR 21 2026 From: Farah Alzafarani [mailto:farah.alzafarani@stonybrook.edu] Sent: Tuesday, April 21, 2026 11:27 AM To: Noncarrow, Denis <denisn@southoldtownny.gov> ®uth�ld Town Clerk Subject: Opposition to BESS Moratorium Extension Dear Town Clerk Noncarrow, My name is Farah Alzafarani, and I am a student at Stony Brook University. As someone who has been actively involved in environmental advocacy and is deeply invested in the future of Long Island, I am writing to express my opposition to the proposed extension of the Battery Energy Storage System (BESS) moratorium in Southold. While I understand the original intent of the moratorium, its continued extension, now approaching four years, feels like an unnecessary delay, especially given the updated and comprehensive safety regulations New York State has already put in place. Through my work and studies, I have learned how critical energy storage is to building a cleaner and more reliable grid. Long Island faces real challenges with rising energy demand, and BESS offers a practical solution by storing energy when it is abundant and releasing it when it is most needed. It reduces reliance on polluting peaker plants, supports renewable energy, and helps protect communities from harmful emissions. As a student preparing for a future in science and healthcare, I care about the health impacts of environmental decisions like these. Delaying the adoption of battery storage systems does not eliminate risk, it only delays progress. With strong state regulations already in place, I believe Southold has the opportunity to move forward responsibly rather than continue postponing action. I respectfully urge the Town Board to vote against this extension and take a step toward a more sustainable and forward-thinking energy future. Sincerely, Farah Alzafarani ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i Noncarrow, Denis From: Friends of Oregon Road <friendsoforegonroad@gmail.com> Sent: Monday,April 13, 2026 5:22 PM To: Krupski,Al; Doherty,Jill; Mealy, Brian; Smith,Anne Suess, Alexa: Stevens_Kate Cc: Noncarrow, DenisAp— ;K'Ts h" ' �; Subject: Extension of the.Moratorium "�"�''``' ' APR 1 08 Dear Southold Town Board: ; Q 2 i 1 I am a founding member of Friends of Oregon Road, a group which coalesced years zgo when we fifs learned of KCE's intention to build a BESS on Oregon Road. We strongly support extending the moratorium. As you will recall, approximately 1300 voters joined to oppose the BESS on Oregon Road prior to the enactment of the moratorium, and since then we have only learned more about the dangers of these developments. It would make no sense to end the moratorium prior to the Town finalizing a new zoning code that protects Oregon Road and the rest of the Town. Unfortunately, a key element of the proposed zoning code is the draft BESS code prepared by the Town's Task Force. That draft BESS code is woefully deficient and therefore does a disservice to the Town board and to the residents of Southold. The Task Force did not adequately research the dangers of these projects. Specifically, of the 12 purported experts that the Task Force interviewed, 8 were paid by the BESS industry. The 9th, a former fire chief who was supposedly unbiased, states on his LinkedIn Profile that he is paid by Suffolk County to promote pilot projects, and the remaining 3 people had no expertise in this sector. It didn't even occur to the Task Force to meet with East Hampton officials just down the road following the fire there several summers ago. Our community deserves better. The January 2025 BESS fire at Moss Landing in California, which then reignited a month later, serves as just one warning to our community of the extreme environmental dangers these supposedly green projects pose. Specifically: 1200 residents were evacuated, and thousands of residents were sickened following the fire. It should be noted that the EPA did not conduct independent testing relating to this disaster; it relied on a cascade of private consultants, each hired by the very industry whose pollution was under investigation. Thankfully, independent researchers at UC Santa Cruz announced in March 2025, 3 months after the fire, that dangerous levels of nickel, cobalt and manganese were detected in dust samples from the surrounding area. According to the National Institute of Health, Manganese and cobalt are neurotoxins and nickel is a carcinogen. Residents near the BESS are advised to wear masks as they dust their homes and to not disturb the soil in their yards. The clean up is likely to take years. The proposed BESS in Cutchogue uses the same technology as was used in Moss Landing. It is adjacent to prime agricultural land (preserved using our tax dollars so that it can be farmed); a fire such as the one Moss Landing would render that land unsafe for farming, not to mention the dangers to nearby residents. The North Fork in general is not suitable for BESS development because of the proximity of open space, precious farmland,residential development, the aquifer and open water. These chilling facts are enough to prove that our community should be protected from these developments that don't have enough potential benefit to the Town to justify exposing us to the environmental hazards. 1 Since the moratorium was first enacted, towns across the country, including in NY State, have voted to ban these developments entirely because they pose a threat to the public health, safety and welfare of the residents and their property. Let us learn from the environmental catastrophes caused by these BESS projects and let us learn from what other towns are doing. These projects, if they belong anywhere, should be cited far away from homes, schools, hospitals and environmentally sensitive areas. The Town should extend the moratorium. Sincerely, Alexandra R. O'Mara ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 2 Born, Sabrina From: Noncarrow, Denis Sent: Tuesday, April 21, 2026 1:34 PM To: Suess,Alexa; Doherty,Jill; Mudd,Jennifer; Stevens, Kate; Krupski, Al; Mealy, Brian; Noncarrow, Denis; Norklun, Stacey; Born, Sabrina; Smith,Anne; Standish, Lauren; Tomaszewski, Michelle; Schlachter, Amy; Griffin, Kayla;Johnson, Benjamin; McGivney, Julie Cc: Born, Sabrina Subject: FW: Bess moratorium extension RECEIVED Please see email on BESS Moratorium APO 2 1 2026 Thank you -----Original Message----- Southold Town Clerk From: Ellen Costello [mailto:ellencostello2@gmail.com] Sent: Tuesday, April 21, 2026 1:29 PM To: Krupski, Al <alk@town.southold.ny.us>; Doherty, Jill <j ill.doherty@town.southold.ny.us>; Mealy, Brian <brian.mealy@town.southold.ny.us>; Smith, Anne <anne.smith@town.southold.ny.us>; Suess, Alexa <alexas@southoldtownny.gov>; Stevens, Kate <kates@southoldtownny.gov> Cc: Noncarrow, Denis <denisn@southoldtownny.gov>; Michael Judge <michael.judge100@gmail.com> Subject: Bess moratorium extension Dear Town Board members, We are long time Oregon Road residents and want to voice our support for continuation of the BESS Moratorium up for consideration this evening at the Town meeting. In a recent Southold zoning plan update, it was expressed that there is high priority on preserving farmland, open space, and natural resources; and that the town would prioritize land that is already surrounded by preserved farmland. That is the case for Oregon road. This priority has not yet been reflected the in zoning changes yet, as this area is currently light industrial, changing the remaining undeveloped light industrial to agricultural as proposed by many Oregon road residents in keeping with this goal. Currently the proposed BESS would resides in undeveloped light industrial space adjacent to large areas of agricultural and residential lan.d In addition given the recent accidents in NY and operation of these unmanned BESS installations based on this older technology has resulted in, locating it so close to farmland and residence's puts the area and our fire department at risk, despite some of the revisions the,State has proposed for code. Thank you for your consideration. Ellen Costello and Michael Judge 13007 Oregon Road Cutchogue, NY 11935 Ellen M. Costello I C 312.391.6753 i �r ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 2 PUBLIC NOTICE The .Southold Town Board Meeting and Public Hearings scheduled for Apri* l 21 , 2026, have been moved to the Recreation Center (directly next door) to better accommodate the public . Thank you . COUNTY OF SUFFOLK 'IL:U F APR 14 208 EDWARD P.ROMAINE SUFFOLK COUNTY EXECUTIVEJ rn, vv �� P DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING SARAH LANSDALE MAUREEN GETCHELL COMMISSIONER RORY WHELAN CHIEF DEPUTY COMMISSIONER DEPUTY COMMISSIONER April 10, 2026 Town of Southold 53095 Main Road P.O. Box 1179 Southold,NY 11971 Attn: Supervisor Al Krupski Re: Town of Southold Zoning Action: Moratorium Extension on BESS Municipal File No.: N/A S.C.T.M.No.: N/A S.C.P.C. File No.: ZSR-26-15 Dear Supervisor Krupski: The Suffolk Planning Commission at its regular meeting on April 8, 2026,reviewed the referral from the Town of Southold entitled, "Town of Southold Moratorium Extension on BESS" 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 a C-� � By Christine DeSalvo Joseph E. Sanzano, Planning Director JES/cd Division of Planning and Environment H.LEE DENNISON BLDG■ 100 VETERANS MEMORIAL HWY,2^"FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 File No. SD-26-01 Resolution No. ZSR-26-15 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 4, 2026 at the offices of the Suffolk County Planning Commission with respect to the application of "Town of Southold Moratorium Extension BESS Facilities" located in the Town of Southold; and WHEREAS, said referral was considered by the Suffolk County Planning Commission at its meeting on April 8, 2026; 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 Disapproves of 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)facilities: Reason: On July 25, 2025, New York State adopted new updates to the New York Fire Code in conjunction with the 2023 working group to examine the safety and security of BESS Systems. The Town is encouraged to review adopted BESS code amendments by other Municipalities. For example, the Town of Southampton adopted BESS code amendments with Local Law 22- 2025. The code amendment was considered and approved by the SCPC on June 4, 2025 (SH- 25-04). See Chapter 330, Article XXXII of the Southampton Town Code. hftps:Hecode360.com/46891737 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 gov/All-Programs/Clean-Energy-Siting-Resources/Battery-Energy- Storage-Guidebook) 2. The Town should review the adopted changes to the New York State Fire Safety Code, which include measures to promote enhanced review of BESS design and improved response to potential BESS fires by local fire departments. (https:Hdos.nv..qov/system/files/documents/2024/07/2024-07-25 fcnvs nrd-final-draft- document.pdf) 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. DATE: 4/8/26 ZSR-26-15 Town of Southold Moratorium Extension BESS Facilities SD-26-01 COMMISSION ACTIONS ON ADOPTION OF 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 Kaufman Present: 11 Seconded: Commissioner Lewis Absent: 4 Voted: 11 Abstentions: '0 DECISION: Disapproved DATE: 4/8/26 Noncarrow, Denis To: Town Board Subject: Emailing: Suffolk Planning Attachments: Suffolk Planning.pdf Please see attached from Suffolk Planning on BESS moratorium. Thank you Denis Noncarrow RMC 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. Your message is ready to be sent with the following file or link attachments: Suffolk Planning 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. i 1 COUNTY OF SUFFOLK F =26 Tov EDWARD P.ROMAINE vun SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING SARAH LANSDALE MAUREEN GETCHELL COMMISSIONER RORY WHELAN CHIEF DEPUTY COMMISSIONER DEPUTY COMMISSIONER April 10, 2026 Town of Southold 53095 Main Road P.O. Box 1179 Southold,NY 11971 Attn: Supervisor Al Krupski Re: Town of Southold Zoning Action: Moratorium Extension on BESS Municipal File No.: N/A S.C.T.M. No.: N/A S.C.P.C. File No.: ZSR-26-15 Dear Supervisor Krupski: The Suffolk Planning Commission at its regular meeting on April 8, 2026,reviewed the referral , from the Town of Southold entitled, "Town of Southold Moratorium Extension on BESS" 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, 3"� e c5L' � By Christine DeSalvo Joseph E. Sanzano,Planning Director JES/cd Division of Planning and Environment H.LEE DENNISON BLDG m 100 VETERANS MEMORIAL HWY,2.d FI P.O.BOX 6100 m HAUPPAUGE,NY 11788-0099 m (631)853-5191 File No. SD-26-01 Resolution No. ZSR-26-15 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 4, 2026 at the offices of the Suffolk County Planning Commission with respect to the application of "Town of Southold Moratorium Extension BESS Facilities" located in the Town of Southold; and WHEREAS, said referral was considered by the Suffolk County Planning Commission at its meeting, on April 8, 2026; 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 Disapproves of 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)facilities: Reason: On July 25, 2025, New York State adopted new updates to the New York Fire Code in conjunction with the 2023 working group to examine the safety and security of BESS Systems. The Town is encouraged to review adopted BESS code amendments by other Municipalities. For example, the Town of Southampton adopted BESS code amendments with Local Law 22- 2025. The code amendment was considered and approved by the SCPC on June 4, 2025 (SH- 25-04). See Chapter 330, Article XXXII of the Southampton Town Code. https:Hecode360.com/46891737 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.gov/All-Programs/Clean-Energy-Siting-Resources/Battery-EnerQy- Storage-Guidebook) 2. The Town should review the adopted changes to the New York State Fire Safety Code, which include measures to promote enhanced review of BESS design and improved response to potential BESS fires by local fire departments. (https:Hdos.nv.gov/system/files/documents/2024/07/2024-07-25 fcnvs nrd-final-draft- document.pdf) 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. DATE: 4/8/26 ZSR-26-15 Town of Southold Moratorium Extension BESS Facilities SD-26-01 COMMISSION ACTIONS ON ADOPTION OF 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 GALLS, 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 Kaufman Present: 11 Seconded: Commissioner Lewis Absent: 4 Voted: 11 Abstentions: 0 DECISION: Disapproved DATE: 4/8/26 Noncarrow, Denis From: Lanza, Heather Sent: Monday,April 13, 2026 8:46 AM To: Noncarrow, Denis; Rudder, Lynda; Born, Sabrina Cc: Krupski,Al Subject: FW: Suffolk County Planning Commission Resolution - Moratorium Extension on BESS Attachments: ZSR-26-15 Southold Moratorium Extension BESS 4-26.pdf Suffolk County Planning Commission denied this moratorium. The Town Board will need a super-majority if they are going to vote in favor of it when the time comes. From: DeSalvo, Christine<Christine.DeSalvo@suffolkcountyny.gov> Sent: Friday,April 10, 2026 12:55 PM To: Krupski,Al<alk@town.southold.ny.us>; Lanza, Heather<heather.lanza@town.southold.ny.us> Cc:O'Brien,William <William.O Brie n2@suffolkcountyny.gov>; Sanzano,Joseph <Joseph.Sanzano@SuffolkCountyNY.Gov>; Malvone,Victoria <Victoria.Malvone@suffolkcountyny.gov> Subject:Suffolk County Planning Commission Resolution- Moratorium Extension on BESS Attached please find the Suffolk County Planning Commission's resolution regarding the Town of Southold's Moratorium Extension on BESS from our April 8th, 2026 meeting. Please contact me with any questions or concerns. Christine C�. &SU41L& aSaivo- Administrative Assistant Suffolk County Economic Development & Planning Division of Planning& Environment 631-853-4770 christine.desalvo@suffolkcountyny.Rov H. Lee Dennison Building 100 Veterans Memorial Highway Hauppauge, NY 11788 ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. i Appendix A - County Referral Form Appendix A—Suffolk County Planning Commission Guidebook Suffolk County Planning Commission Subn-dssion Cover m for Planning and Zoning Referrals Municipality: Town of Southold Hamlet: Local Case Number: 2026-209 District: Section: Block: Lot: Local Meeting Date: 2/26/2026 Referral Name: Moratorium Extension BESS Facilities Public Hearing: ✓❑Yes❑ No Referring Agency: Type of Referral: Planning Board or Commission E1ML239/A14-14 S.C.P.C. Regulatory Review Zoning Board of Appeals ✓IMA Review- Request for Informal Input `/ Town Board/Village Board of Trustees Attached Units Projects (Apartments) SEQRA Action: ❑EAF Coordination 17]Draft Scope ❑Draft EIS Final EIS bindings Project Narrative - Brief description of application: Twelve (12) month extension of a temporary moratorium on the issuance of approvals and/or permits %713at e y e orage ys a CBESS)aCtt' ies. Full Statement of Facts Includes: County Referral Form (Appendix A) Public Notice (if applicable) Local application form Completed Environmental Assessment Form along with other materials associated with the environmental review process - Including Draft EIS, Final EIS Local Planning Board, Zoning Board, Agency or Department report Project sponsor, applicant's or owner's name and mailing address For Subdivision Referrals must also include: Map name. The map shall clearly state the name of the subdivision and that the map is a preliminary or final map. Any map containing the words "sketch plan" will not be accepted. Duplicate subdivision names within a town or village will not be accepted. Condominium plans shall clearly indicate that the project is proposing a condominium form of ownership. 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. Please Check all that Applies: Comprehensive Plan (Adoption or Amendment) Subdivision ❑SEQRA Only Zoning Ordinance or Map (Adoption or Amendment) qfficial se Variance Moratorium Special Use Permit/Exception/Conditional Use rea Variance ❑Site Plan Code Amendment 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. Additional Application Information: Action Previously Referred to Suffolk County Planning Commission No ✓ es(lf Yes Date3 25 Adjacent Municipality Notified (see NYS GM 39nn) No[!!I es(If Yes Date3/4r26 Contact Information Municipality Contact Name: Supervisor AlbertJ.Krupski,Jr. Department/Agency: Town of Southold Phone Number: 631-765-1800 Email Address: denisn@southoldtownny.gov Applicant Contact Name: Denis Noncarrow,Town Clerk Applicant Address: 53095 Main Road,PO Box 1179,Southold,NY 11971 1 . � t Born, Sabrina From: DeSalvo, Christine <Christi ne.DeSalvo@suffol kcou ntyny.gov> Sent: Wednesday, March 4, 2026 11:43 AM To: Born, Sabrina Subject: Re: [External] Notice to Adj.-BESS Moratorium Ext. Hi Sabrina, That was fast! Thank you all good. Christine Chri'sVWL& LDe-SGavo- Administrative Assistant Suffolk County Economic Development & Planning Division of Planning& Environment 631-853-4770 christine.desaivo@suffolkcountyny.gov H. Lee Dennison Building 100 Veterans Memorial Highway Hauppauge, NY 11788 From: Born, Sabrina <sabrina.born @town.southold.ny.us> Sent: Wednesday, March 4, 2026 11:41 AM To: DeSalvo, Christine<Christine.DeSalvo@suffolkcountyny.gov> Subject: RE: [External] Notice to Adj.-BESS Moratorium Ext. Hi Christine, I just sent it. Let me know if I included everything you need. Thank you, Sabrina M. Born Deputy Town Clerk &Sub-Registrar 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 From: DeSalvo, Christine [mailto:Christine.DeSalvo@suffolkcountyny.gov] Sent: Wednesday, March 4, 2026 11:39 AM To: Born, Sabrina<sabrina.born@town.southold.ny.us> Subject: Re: [External] Notice to Adj.-BESS Moratorium Ext. 1 Hi Sabrina, Thank you we did receive it but could you send us the Appendix A form filled out as well. Thank you. Christine Administrative Assistant Suffolk County Economic Development & Planning Division of Planning& Environment 631-853-4770 Christine.desalvo@suffolkcountyny.gov H. Lee Dennison Building 100 Veterans Memorial Highway Hauppauge, NY 11788 From: Born, Sabrina <sabrina.born@town.southold.nv.us> Sent:Wednesday, March 4, 2026 11:22 AM To: DeSalvo, Christine<Christine.DeSalvo@suffolkcountyny.gov> Subject: RE: [External] Notice to Adj.-BESS Moratorium Ext. Hi Christine, I just sent it. Let me know if you have received it. Thank you, 54A&a? Vew Sabrina M. Born Deputy Town Clerk &Sub-Registrar 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 From: DeSalvo, Christine [mailto:Christine.DeSalvo@suffolkcountyny.gov] Sent:Wednesday, March 4, 2026 11:06 AM To: Born, Sabrina<sabrina.born@town.southold.nv.us> Subject: Re: [External] Notice to Adj.-BESS Moratorium Ext. Good morning Sabrina, Can you please send this into NextCloud. Please use the attached Appendix A to go along with it. The password for NextCloud is NextcloudReferrals2026! Let me know if you have any issues using NextCloud. 2 Christine C�w6Wbywl DeJ,Sctva- Administrative Assistant Suffolk County Economic Development & Planning Division of Planning & Environment 631-853-4770 christine.desalvo@suffolkcountyny.gov H. Lee Dennison Building 100 Veterans Memorial Highway Hauppauge, NY 11788 From: Born, Sabrina <Sabrina.born @town.southo Id.ny.us> Sent:Wednesday, March 4, 2026 11:01 AM To: DeSalvo, Christine<christine.desalvo@suffolkcountyny.gov> Subject: [External] Notice to Adj.-BESS Moratorium Ext. O. I THINK I ACT External email detected. Do not click on finks or open attachments from unknown sources. Be.alert for phishing attempts& report 1 . . Good Morning, Please see the attached Notice of Public Hearing—Battery Energy Storage System (BESS) Temporary Moratorium Extension. Please complete the bottom and email it back to the Southold Town Clerk's Office. Thank you, ,54AuadXF01W Sabrina M. Born Deputy Town Clerk & Sub-Registrar 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 3 Noncarrow, Denis From: Malvone,Victoria <Victoria.Malvone@suffolkcountyny.gov> Sent: Thursday,April 2, 2026 12:52 PM To: Noncarrow, Denis Cc: DeSalvo, Christine; Lanza, Heather; Michaelis,Jessica; Born, Sabrina Subject: RE: Public Hearings Attachments: Meeting Notice 4-8-26.pdf Good afternoon, I looked up the files referenced in your email. Chapter 280 Accessory Apartments is awaiting approval so we will get a determination to you as soon as possible. As for the BESS Moratorium Ext., that referral has been sent to the Suffolk County Planning Commission and will be reviewed at the April 8th meeting. Information regarding the meeting can be found on the above notice. Please let me know if you have any further questions. Thank you. Victoria -,AvlaCvone Office Assistant Suffolk County Economic Development&Planning Division of Planning& Environment 631-853-5126 H.Lee Dennison Building 100 Veterans Memorial Hwy Hauppauge,NY 11788 1 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 81h, 2026 2:00 pm Maxine S. Postal Auditorium- Evans K. Griffing Building 300 Center Drive. Riverhead, New York 11901 (In Person Only) Tentative Agenda: • Roll Call • Meeting Summary for March 4th, 2026 • Public Portion • Chairman's Report • Director's Report • Guests • Section A 14-14 thru A 14-25 of the Suffolk County Administrative Code • BR-26-05 Alegria South,Town of Brookhaven 0200 98590 0200 030000 Development of four 3-story multi-family affordable housing buildings with a total of 96 units, a community kitchen (catering hall), a sewage pump station, an off-site sewage treatment plant(PLNSTP1901), landscaping, recreation area, drainage, and parking. Abandonment of Doanne Ave. Planning Board Special Permit for uses within a designated redevelopment initiative. Planning Board variances. • SD-26-01 Moratorium Extension BESS Facilities,Town of Southold Proposed 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 Systems (BESS) • SM-26-01 Columbia Industrial Acquisition Company, LLC,Town of Smithtown 0800 18200 0100 010014 Proposed one-story warehouse with office. • Other Business Written comments can be submitted no later than Monday,April 61h, 2026 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 61h,2026 TBD OFFICE LOCATION: rjf S 0 MAILING ADDRESS: Town Hall Annex P.O.Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631765-1938 w-ww.southoldtow-nny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Denis Noncarrow, Town Clerk Cc: Albert J. Krupski, Jr., Town Supervisor APR Members of the Town Board oF Benjamin Johnson, Acting Town Attorney From: James H. Rich III, Chairman Members of the Planning Board Date: March 25, 2026 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) only recently released their new BESS zoning guidance document for municipalities issued February, 2026. In that guidance, the first step is to update our Town Comprehensive Plan. The Southold Town Comprehensive Plan does not contemplate the science and function of Battery Energy Storage System(BESS) facilities, a land use that has proven to be potentially dangerous if not cited at the appropriate location and scale. The update process requires considerable staff time to accomplish. Although the excellent report we have from the Town's BESS Task Force will be helpful to that effort, the drafting of an update to the Comprehensive Plan is expected to take months due to existing workload and staffing shortages. DENIS NONCARROW �� , Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 c* Southold,New York 11971 REGISTRAR OF VITAL STATISTICS ® Fax(631)765-6145 MARRIAGE OFFICER O ®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER 1 www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 4, 2026 Re: Resolution 2026-209 "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" Mr. James Rich, III, Chairman Southold Town Planning Department 54375 State Route 25 Post Office Box 1179 Southold,New York 11971 Dear Mr. Rich, III, The Southold Town Board at their regular meeting held on February 26, 2026 adopted the resolution referenced above. A Certified copy is enclosed. Please prepare an official report defining the Planning Department's recommendations with regard to this proposed Local Law 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 this public hearing is 6:00 P.M.,Tuesday,April 21,2026 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 OFFICE LOCATION: \\rjf soyo MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Telephone: 631765-1938 Southold, NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Supervisor Albert J. Krupski Jr. APR 7 2026 Dennis Noncarrow,Town Clerk Town of Southold Town Board Cc: Benjamin Johnson, Acting Town Attorney From: Heather Lanza, AICP,Town Planning Director, LWRP Coordinator Date: April 7, 2026 Re: Local Waterfront Revitalization Coastal Consistency Review"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 action referenced above was reviewed to the Southold Town Local Waterfront Revitalization Program (LWRP). Based upon the information provided to this department, I recommend that the action is EXEMPT from LWRP Coastal Consistency Review because it is listed as a Minor Action pursuant to §268-3. Definitions. Item U of the Southold Town Code: "U. Adoption of a moratorium on land development or construction; Pursuant to Chapter 268, the Town Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. OFFICE LOCATION: S 0 MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY 11971 oly cou LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Supervisor Albert J. Krupski Jr. Dennis Noncarrow, Town Clerk Town of Southold Town Board APR 7 20 Cc: Benjamin Johnson, Acting Town Attorney From: Heather Lanza, ATCP, Town Planning Director, LV;RP'-UFo—r&ffa-t6f-----._ Date: April 7, 2026 Re: State Environmental Quality Review (SEQR) Determination for the Town of Southold "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 proposed Local Law concerns 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 proposed action has been reviewed by New York State Department of Environmental Conservation regulation 6 CRR-NY 617 State Environmental Quality Review, and it has been determined that pursuant to Part 617.5(c)(36), "adoption of a moratorium on land development or construction;"the action is a Type II action not subject to review under SEQRA. Please contact me at(631) 765-1938 if you have any questions regarding the above recommendation. 16 ®�®S11Ff0��, DENIS NONCARROW �� ®��, Town Hall,53095 Main Road TOWN CLERK p P.O.Box 1179 C#3 a Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Q .`" Fax(631)765-6145 MARRIAGE OFFICER e�O �® Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER 1 '1► www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 4, 2026 Re: Resolution 2026-209 "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" LWRP Coordinator Southold Town Planning Department 54375 State Route 25 Post Office Box 1179 Southold,New York 11971 Dear LWRP Coordinator: The Southold Town Board at their regular meeting held on February 26, 2026 adopted the resolution referenced above. A certified copy is enclosed. Please prepare an official LWRP and SEQRA report with regard to the proposed Local Law 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. 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 6:00 P.M., Tuesday,April 21,2026 respectfully. Please do not hesitate to contact me, if you have any questions. Thank you. Very truly yours, �L � rL Sabrina M. Born Deputy Town Clerk Enclosures T Born, Sabrina From: Born, Sabrina Sent: Wednesday, March 4, 2026 10:55 AM To: Bunch, Connie; Cantrell, Elizabeth; Flinter,William; Fuentes, Kim; Greenport Village Clerk; JeanMarie Odden; Lanza, Heather; Michaelis, Jessica; Noncarrow, Denis; Norklun, Stacey, Nunemaker, Amanda; Riverhead Town Clerk(wooten@townofriverheadny.gov); Sepenoski, John; Shelter Island Town Clerk; Southampton Town clerk (TownClerk@southamptontownny.gov);Verity, Mike;Weisman, Leslie Cc: Noncarrow, Denis; Mudd, Jennifer; Rudder, Lynda Subject: Notice to Adj.-BESS Moratorium Ext. PH Attachments: NTA-BESS Moratorium Ext. PH_20260304120130.pdf Importance: High Good Morning, Please see the attached Notice of Public Hearing—Battery Energy Storage System (BESS) Temporary Moratorium Extension. Please complete the bottom and email back to the Southold Town Clerk's Office. Thank you, saAWAMW Sabrina M. Born Deputy Town Clerk &Sub-Registrar 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 gUFFO(,��o DENIS NONCARROW h� Gy Town Hall,53095 Main Road TOWN CLERK p= P.O.Box 1179 y Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p .�` Fax(631)765-6145 MARRIAGE OFFICER y RECORDS MANAGEMENT OFFICER ��,( .�`a� Telephone oldt 76n .gov FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 4, 2026 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 21,2026 at 6:00 PM at the Peconic Community Center Auditorium, 1170 Peconic Lane, Peconic,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 the duplicate of this letter and return to me at your earliest convenience. Thank Denis Noncarrow Southold Town Clerk Attachments cc: Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept . Southold Trustees Southold Assessors Southold ZBA Village of Greenport Suffolk County Dept of Planning Signature, Received by Date Please print name Title DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK Olaf F01 DENIS NONCARROW o~� G.y� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 y = Southold,New York 11971 REGISTRAR OF VITAL STATISTICS G .1C Fax(631)765-6145 MARRIAGE OFFICER 'y RECORDS MANAGEMENT OFFICER ��,( .�O Telephone cildt nny.gov FREEDOM OF INFORMATION OFFICER www.southdldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 4, 2026 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 21, 2026 at 6:00 PM at the Peconic Community Center Auditorium, 1170 Peconic Lane, Peconic,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 the duplicate of this letter and return to me at your earliest convenience. Thank you. L , Denis Noncarrow Southold Town Clerk Attachments cc: f Long Island State Park Commission !/ Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees JilSVoldsessors Southold ZBA reenport Suffolk County Dept of Planning Si e, eived by Da -7 Please print name Title DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ell NIS NONCARROW Town Hall,53095 Main Road TOWN CLERK P O.Box 1179 ' Southold,New York 11971' REGISTRAR OF VITAL STATISTICS ® � w Fax(631)765-6145 .MARRIAGE OFFICER , ®RECOR Telephone(631)765-1800 DS`MANAGEMENT'OFFICER ®� �� FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 4, 2026 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 21, 2026 at 6:00 PM,at the Peconic Community Center Auditorium, 1170 Peconic Lane, Peconic,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 Erierzy Storaee System`(BESS) facilities" Please sign the duplicate of this letter and return to me at your earliest convenience Thank Denis Noncarrow Southold Town Clerk Attachments cc: Long Island State Park Commission g5$9 0r7 rD 5 a7o 9355 131a a l Email. Town of Riverhead Town of Shelter Island J Town of Southampton Southold Building Dept Southold Planning.Dept Southold Trustees f Southold Assessors Southold ZBA Village of Greenport J Suffolk County Dept of Planning Signature, Received by Date Please print name Title DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK QENI$NONCA,BROW , 'Ibwn Hall,63095 Main Road TQWN QLERK P.O.Sox 1179 Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER Telephone Telephone(6$1)765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownnygov FREEDOM OF INFQRMATION OFFICER OFFICE OF THE TOWN CLERK TQWN OF SOUTHOLD March 4,2026 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC HEARING,.on the proposed Local Law listed below on April 21,2926 at 6:00 PM at the Peconic Community Center Auditorium, 1170 Peconic Lane,Peconic,NY: "A Local Law in relation to a twelve(12) month Extensx6n of a Temporary Moratorium on the issuance of ap ovals anti/t�"r t�crmits forBattei�y En+ t' Storage Systm(BEES)facrlxties" - r� , Please sign the duplicate of this letter and retard to me at your earhest.conven nee Thank you . w RECEIVED Denis Noncarrow 3 2026 Southold Town Clerk VAR Attachments Southold Toren Clerk cc: Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold$uilding Dept Southold Planning Dept Southold Trustees Southold Assessors Southold Z$A Village of Gieenport Suffolk County Dept of Planning �93� �/3 Signature,Rec by Date Please print name �— Title DUPLICATE,TO BE SIGNED AND RETURNED TO SOUTHQLD TOWN CLERK DENIS NONCARROW : ;� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 es3 ;M_ Southold,New York 11971 1- " '-- �f REGISTRAR OF VITAL STATISTICS r;� ,. - . Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ': www.southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 4,2026 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a PUBLIC,IIEARI<NG-:on the proposed Local Law listed below on April 21,2026 at 6:00 PM at the Peconic Community Center Auditorium, 1170 Peconic Lane,Peconic,NY: "A LoeaI Law in reiatiori"to a twelve C121 month Extension of a.Temporary yloratorium on the issuance. of approvals and/or'ncrmits for Battery ti nerffv Storage System ESS _facilities" Please sign the dupticate of this letter Bind return to Mt at your earliest convenience.Thank you. RECEIVED Denis Noncarrow MAR — d 2026 Southold Town Clerk Attachments Southold Town Clerk cc: Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport Suffolk County Dept of Planning (lll�v -1 Signature,Received by Date t/tltt.l tWN�t Ft �n�rF� Ass'ESSo2 - crJRr/�- Please print name Title DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK FO DENIS NONCARROW Town Hall,53095 Main Road P.O.Box 1179 TOWN CLERK 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 4, 2026 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 21,2026 at 6:00 PM at the Peconic Community Center Auditorium, 1170 Peconic Lane,Peconic,NY: "A Local Law in relation to a twelve(12) month'E tendon of a Temporary Moratorium on the issuance of appxo�ral5 and%or per""mils for SatterV'Energy'Sfora a SV tear► (II�SS) facilitiesa� Please sign the duplicate of this letter and return:to me at your earliest convenience. Thank You.. RECEIVED Denis Noncarrow MAR " 4 20 Southold Town Clerk Attachments Southold Town Clerk cc: Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport Suffolk County Dept of Planning 3/4/26 ignature,Received by Date Jessica Michaelis Southold Town Planning Department Please print name Title DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK DENIS NONCARROW Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 c� Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICERS Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ''ti www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 4,2026 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 21,2026 at 6:00 PM at the Peconic Community Center Auditorium, 1170 Peconic Lane, Peconic,NY: "A Local'Laiv in relation to a twelve(12) month Extension of a Temnorary Moratorium on.the issuanee of apiprovaI an[llar peirmits for Battery Enersy Storage System (BESS)facilities" Please lien the duplicate of this letter and return to me atyourearliest condenience. Thankyouu.. RECEIVED Denis Noncarrow MAR _ 4 2026 Southold Town Clerk Attachments Southold Town Clerk cc: Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport Suffolk County Dept of Planning Si �' ture,Received by Date _ ,yltM;;, :rrT`�'Ue_ S,rs Please print name Title DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK DENTS NONCARROW {'�. Town Hall,53096 Main Road TOWN CLERK ; P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)766-6145 MARRIAGE OFFICER �. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER •�.: www southoldtownnygov . FREEDOM OF INFORMATION OFFICER OFFICE OF THE',TOWN CLERK TOWN OF SOUTHOLD March 4, 2026 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 21,2026 at 6:00 PM at the Peconic Community Center Auditorium, 1170,Peconic Lane,Peconic,NY: "A.LocalLaw in relation'to a twelve 12 month Ex1&Wan;of WTemporary,IVioratorium-on the issuance of appr6VAU rind/or acrjbits for BAttezj�E'n`crV Storage°Svsfern.(IiCSSj 6cilities" Please,sijaz the au lieate of this letter and return to me at vou _r:earhest c'ozzvenicnce.Thankyou.: ; RECEIVED Denis Noncarrow MAR • 4 2026 Southold Town Clerk Attachments Southold'Town Clerk cc: Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold;!-ssesstrs Southold ZBA Vzllag : f&eeng. Suffolk County Dept of Planning ll l Sigxa e,Received by Date Please print name Title DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK ��g11�f4dj�` DENIS NONCARROW ��+ Town Hall,53095 Main Road TOWN CLERK P.O.Bog 1179 Southold,New York 11971 REGISTRAR.OF VITAL STATISTICS " Fax(631)765-6145 MARRIAGE OFFICER Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ��.[ ' www.southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 4,2026 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 21,2026 at 6:00 PM at the Peconic Community Center Auditorium, 1170 Peconic Lane,Peconic,NY: "A Local Law in relation to a twelve(12) month Extension of a Temporary Moratorium on the issuance of approvals and%r permits for.13-AtterY Ii ner°y Storaae.Systgm-00,SS)facilities" Please sign the dunlicate of this letter and return to me at your earliest conveirience-Thank vou. RECEIVED Denis Noncarrow MAR - d � Southold Town Clerk Attachments Southold Town Clerk cc: Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport Suffolk County Dept of Planning Signature;Received by Date SUNJy . SCHE-RMEY Sc�vrHArYr�ronl TOWN G'�. .7 /,�/''1G Please print name Title DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK �. DENIS NONCARROW ti � �� '''•�. Tewn Hall,53096 Main Road TOWN CLERK '�. ` ' P.O.Box 1179 rat . Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765.6145 MARRIAGE OFFICER Telephone(631)765-1600 RECORDS MANAGEMENT OFFICER . www;southoldtownnygov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 4,2026 PLEASE TAKE NOTICE that the Town Board of the Town of Southold will hold a.PUBLWHEARING.on the proposed Local Law listed below on April 21,2026 at 6:00 PM at the Peconic Community Center Auditorium, 1170 Peconic Lane,Peconic,NY: "A Local Law in relation to a twelve(12) month ExteMlon of a Temporary MoratorWin on the issuance of approvals andlor permitsfor liattei-y,Energy Storage System (BESS)fadlities" Please sign the duplicate of this letter and return to me at your earliest convenience: Thank you.. RECEIVED Denis Noncarrow MAR —5 2026 Southold Town Clerk Southold Town Clerk Attachments cc: Long Island State Park Commission Email: Town of Riverhead Town of Shelter Island Town of Southampton Southold Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport Suffolk County Dept of Planning J 0 Li Signature,Rece' d b Date Please print name Title DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK i DEMS NONCARRROW Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 CM � � � Southold,New York 11971 REGISTRAR OF VITAL STATISTICS �, Fax(631)76MI45 MARRIAGE OFFICER '« Y �`� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER .f www.southoldtownny.gov FREEDOM OF INFORMATION Or, OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD March 4,2026 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 21,2026 at 6:00 PM at the Peconic Community Center Auditorium, 1 170.Peconic Lane,Peconic,NY: "A Local3 aw in relation to a twelve(12)month Extension of'a Temporary moratorium on the issuance of ar pr6rals and/or perniits'for Battell,Energy'Storage SVstem;(BESS)facilities" Please sign the duplicate of this letter and return to me at your earliest convenience.Thank you. RECEIVED Denis.Noncarrow MAR „ 5 2026 Southold Town Clerk Attachments cc: Long Island State Park Commission ®��Ord Town Clerk Email: 'Town of Riverhead Town of Shelter Island Town"of Southampton Southoid Building Dept Southold Planning Dept Southold Trustees Southold Assessors Southold ZBA Village of Greenport Suffolk County Dept of Planning gnature,Received by Date Please print'-name Title DUPLICATE TO BE SIGNED AND RETURNED TO SOUTHOLD TOWN CLERK F 1 Born, Sabrina From: legal <legal@theday.com> Sent: Tuesday, March 10, 2026 9:17 AM To: Born, Sabrina; Stevens, Kate Cc: Noncarrow, Denis; Rudder, Lynda; Mudd,Jennifer Subject: Re: Legal Notice-2026 BESS Moratorium Ext. Attachments: Invoice -Legal Notice-2026 BESS Moratorium Ext..pdf Here is notice d01113004 that will run in the 3/12 edition. Invoice is attached. do" 113: LEGa L NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN there has been presented to the Town Board of the Town of Southold,SufNk County,: ,New York,on the 26th day of February, 2024 a Local Lays+ entitled,"A Local Law in relation to a twelvei' 12 month n Extensio of a efr� ora ora= } or um on t e Issuance o approvals an for, �rmits for Battery Eneray Storage Systeml, 13ESS facilities"and NOTICE I S HERESY FURTHER GIVEN that the Town Boards of the Town of Southold will hold a public hearing on the'- 'aforesaid Local Lin+ at the Peconic Community Center Auditorium,1170 Peconic Lane,Peconic,New York,on there 21st day of Apri(,2026 at 6:00 P.M.,at which time all In Iterested persons will be given an opportunity to be heard.� ,iThe proposed Local Law entitled, "A Local Law in relation to a twelve 1 2 rnont—h-Ex ension of 'la Tern ora Moratorium on the Issuance£ ?of approvals andlor germits for Battery: �)Erter Storage S stem BESS facilities"is' ,available in its entirety on the Southold TowrYs webslte., www.southoldtownny.gov or at the Town Clerk's Office ,during regular business hours. j 1BY ORDER OF THE SOUTHOLD TOWN BOARD IDENIS NONCARROW,TOWN CLERK Kelly Johnson Legal Notices Office Hours are 8 a.m.to 4 p.m. Monday- Friday The Day&Shore Publishing 200 State Street New London, CT 06320 Legal Line-860-701-4410 Direct Line: 860-701-4371 From: Born, Sabrina <sabrina.born@town.southold.ny.us> Sent:Tuesday, March 10, 2026 9:01 AM To: 'ahrens.jane@gmail.com' <ahrens.jane@gmail.com>; David McCall (dmccall@fiferry.com) <dmccall@fiferry.com>; geb cook<gcook@fiferry.com>; Stevens, Kate<kates@southoldtownny.gov>; legal <legal@theday.com> Cc: Noncarrow, Denis<denisn@southoldtownny.gov>; Rudder, Lynda <lynda.rudder@town.southold.ny.us>; Mudd, i Jennifer<jennifer.mudd@town.southold.ny.us> Subject: Legal Notice-2026 BESS Moratorium Ext. Good Morning, Please publish the attached Legal Notice in the following: -the 3/12/2026 edition of The Day paper -the FI website -Two (2)public places on Fishers Island Thank you, ,SaAusa7? vew Sabrina M. Born Deputy Town Clerk & Sub-Registrar 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 2 ACCOUNT NUMBER CUSTOMER D83503' TOWN OF SOUTHOLD-TOWN CLERK THE DAY PUBLISHING COMPANY 200 STATE ST NEW LONDON,CT 06320 CLIENT PAGE NUMBER DUE DATE Page 1 of 1 Upon Receipt Order Number Amount Due d01113004 $300.20 TOWN OF SOUTHOLD - TOWN CLERK CHECK NUMBER MAKE CHECKS PAYABLE ATTN: TOWN CLERK TO DAY PUBLISHING 53095 MAIN ROAD COMPANY PO BOX 1179 Include your account#/ AMOUNT PAID order#on your check SOUTHHOLD, NY 11971-0959 remittance United States PLEASE RETURN UPPER PORTION WITH YOUR REMITTANCE SIZE/LINES' GROSS NETS DATE r, DESCRIPTION^'" �_° �PUBLICATIONP` ¢REFERNCE#:r> O T aTHER3 , UNTO £;. R'OTY AMOUN AMO 03/12/26 Legal Notice-2026 BESS Moratorium Ext. The Day Legal Notice- 2 col $250.20 $0.00 $250.20! 2026 BESS i Moratorium Ext _ 03/12/26 µLegal Notice-2026 BESS Moratorium Ext. Day Classified Legal Notice- 2 col $15.00 $0.00[ $15.00� Webpage 2026 BESS 1 Moratorium Ext. 03/12/26 Legal Notice-2026 BESS Moratorium Ext. CT Public Notices Legal Notice- I Not Applicable _ $35.00 $0.00 $35.00 Webpage 2026 BESS Moratorium Ext. Total _ $30 2 $0 00 t $300.20 Account Number Customer Total Due D83503 TOWN OF SOUTHOLD-TOWN CLERK $300.20 Day Credit Department 860-701-4204 Accounting Fax 860-437-7504 Community Classifieds-Toll Free 800-582-8296 Advertising Fax 860-437-8780 Day Publishing Company-Toll Free 800-542-3354 Classified Fax 860-442-5443 1 Born, Sabrina From: Born, Sabrina Sent: Tuesday, March 10, 2026 9:01 AM To: 'ahrens Jane@gmail.com'; David McCall (dmccall@fiferry.com); geb cook; Stevens, Kate; Legal -The Day Cc: Noncarrow, Denis; Rudder, Lynda; Mudd,Jennifer Subject: Legal Notice-2026 BESS Moratorium Ext. Attachments: 2026 BESS Moratorium Ext-Legal.doc Importance: High Good Morning, Please publish the attached Legal Notice in the following: -the 3/12/2026 edition of The Day paper -the FI website -Two (2) public places on Fishers Island Thank you, 54,%ausa7?'V"4 Sabrina M. Born Deputy Town Clerk &Sub-Registrar 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 SUFFOLK COUNTY AFFIDAVIT OF PUBLICATION LEGAL NOTICE TOWN OFSOUTHOLD. The Suffolk Times NOTICE OF PUBLIC HEARING PO BOX 1500, Mattituck, NY 11952 NOTICE IS HEREBY GIVEN there has been presented to the Town (518) 730-4551 Board of the Town;of Southold, Suffolk County,New York,on State of Florida, County.of Orange, Ss: the 26th day of February,2026, a Local Law entitled,"A Local Law In relation to.a"twelve(12) I, Anjana Bhadoriya, of lawful age, being duly sworn upon oath month Extension of a Temporary depose and say that I am an agent of Column Software, PBC, Moratorium on the Issuance of approvals and/or permits for. duly appointed and authorized agent of the Publisher of The Battery Energy Storage System Suffolk Times, a Weekly newspaper of general circulation, (BESS)facilities"and printed and published in Mattituck, Suffolk County, New York, NOTICE IS HEREBY FURTHER designated by the County Clerk of Suffolk County as a GIVEN that the Town Board of the newspaper of record;that the publication, a co of which is Town of Southold will hold a public p copy hearing on the aforesaid Local Law attached hereto,was published in the said newspaper on the at the Peconic Community Center following dates. PGconlcu New York on the 21st Publication Dates: day of April 2026at 6:00 P.M.,at which time all interested persons. _ • Mar 12, 2026 Will be given an opportunity to be heard. Notice ID: DbUvxrOxjliccBA2cewa The proposed Local Law entitled, Notice Name: BESS Moratorium Ext.PH tw Local Law in relation to twelve(12)month Extension Publication Fee: $54.88 of a Temporary Moratorium on the issuance of approvals and/ A"'w,a 8ladona or permits for Battery Energy y Storage.System(BESS)facilities" Is.available In Its entirety on the Town's website. Agent .""" Y I��6 JESSICA GORDON-THOMPSON �•Southoldtownny.gov or at the \�� a,•.oue� Town Clerk's Office during regular Notary Public-State of Florida business hours.. VERIFICATION = _ commission u HH701656 a•. o� DATED:FEBRUARY 26,2026 %' . . State of Florida '�,,�F,P F�oo-\�,� Expires on August t7,zoze BY ORDER OF THE SOUTHOLD iigpUlgqi�pp� TOWN BOARD County of Orange DENIS NONCARROW,TOWN CLERK Signed or attested before me on this:03/13/2026_ Notary Public Notarized remotely online using communication technology via Proof. BESS Moratorium Ext.PH Page 1 of 1 INTERIM T This is the proof of your ad scheduled to run in The Suffolk Times on the dates indicated below. If changes are needed, please contact us prior to deadline at (518) 730-4551. Notice ID: DbUvxrOxjliccBA2cewa I Proof Updated: Mar.04,2026 at 09:39am EST Notice Name: BESS Moratorium Ext. PH See Proof on Next Page This is not an invoice.Below is an estimated price,and it is subject to change.You will receive an invoice with the final price upon invoice creation by the publisher. FILER FILING FOR Sabrina Born The Suffolk Times sabrina.born @town.south old.ny.us Columns Wide: 1 Ad Class: Legals 03/12/2026: 1.Public Notice-With 29.88 Affidavit Affidavit Fee 25.00 Subtotal $54.88 Tax% 0 Processing Fee $0.00 Total $54.88 BESS Moratorium Ext. PH - Page 1 of 2 SUFFOLK COUNTY LEGAL NOTICE TOWN OF SOUTHOLD 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 26th day of February,2026, 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 Peconlc Community Center Auditorium,1170 Peconic Lane, Peconic,New York,on the 21st day of April 2026 at 6:00 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:FEBRUARY 26,2026 BY ORDER OF THE SOUTHOLD TOWN BOARD DENIS NONCARROW,TOWN CLERK BESS Moratorium Ext. PH - Page 2 of 2 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Lynda Rudder, Deputy Town Clerk of the Town of Southold,New York being duly sworn, says that on the 41h day of March , 2026, 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.southoldtownn.gov PH 4/21/26—BESS Moratorium Ext. t Lynda Rudder Southold Deputy Town Clerk Sworn to before me on the 4th day of March, 2026 Notary Public SABRINA M BORN Notary Public,State of New York No.01 B06317038,Suffolk Co Commission Expires Dec.22,20 f 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 26th day of February, 2026, 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 Peconic Community Center Auditorium, 1170 Peconic Lane, Peconic,New York, on the 21st day of April,2026 at 6:00 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. 2026 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 2025-4, 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. In July 2025,the Code Council adopted the Fire Safety Working Group's recommendations for the 2025 NYS Fire Code, which took effect January 1, 2026. 1. The Town Board finds that in order to review and comply with the newly effected Code, it 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 laws to successfully work toward a safe and effective Bess Code; 2. With the new State Fire Code in effect, the Town Board now must reconvene the Town of Southold BESS Task Force to review the new Code, make recommendations to the Town Board for adopting a BESS Code that complies and aligns with the NYS Fire Code; 3. Due to unforeseen circumstances which include discontinuing the work with the Zoning Code Consultants, and other matters, the ongoing comprehensive zoning update project being conducted by the Town is not near completion. 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 Town Board does not find it possible now 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 Town's Comprehensive Plan and other applicable town laws that will affect the BESS facilities, require guidance from 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 be extended considerably. 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 2024-6 with an effective date of April 3, 2024. Further extension was adopted by Local Law 2025-4 effective April 22, 2025 and the current moratorium is set to expire on April 22, 2026. 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. H. 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 1 � ' 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: FEBRUARY 26, 2026 BY ORDER OF THE SOUTHOLD TOWN BOARD DENIS NONCARROW, TOWN CLERK Born, Sabrina From: Born, Sabrina Sent: Wednesday, March 4, 2026 9:43 AM To: Chiello, Liam; Doherty,Jill;Johnson, Benjamin; Krupski, Al; Lisa Finn (lisaahfinn@gmail.com); McGivney,Julie; Mealy, Brian; Paul DeChance; Schlachter, Amy; Smith, Anne; Standish, Lauren; Stevens, Kate; Suess, Alexa;Tomaszewski, Michelle; Tomaszewski,Zachary Cc: Noncarrow, Denis; Mudd, Jennifer; Rudder, Lynda Subject: 2026 BESS Moratorium Ext. Legal Notice Attachments: 2026 BESS Moratorium Ext.doc Importance: High Good Morning, Please see the attached Legal Notice. Thank you, .SaAu:a7? vew Sabrina M. Born Deputy Town Clerk &Sub-Registrar 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 26th day of February,2026, 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 Storaize 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 Peconic Community Center Auditorium, 1170 Peconic Lane, Peconic,New York, on the 21" day of April,2026 at 6:00 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 Southold Town's website: www.southoldtown .gov or at the Town Clerk's Office during regular business hours. DATED: FEBRUARY 26, 2026 BY ORDER OF THE SOUTHOLD TOWN BOARD DENIS NONCARROW, TOWN CLERK Noncarrow, Denis From: Chiello, Liam Sent: Monday,April 20, 2026 12:04 PM To: Noncarrow, Denis;Johnson, Benjamin; Born, Sabrina Cc: Schlachter,Amy Subject: RE: RE: NOTICE FOR PUBLIC HEARING/MEETING This has been added to the home page. Thanks, Liam Chiello From: Noncarrow, Denis<denisn@southoldtownny.gov> Sent: Monday,April 20, 2026 9:53 AM To;Johnson, Benjamin<benjaminj@southoldtownny.gov>; Chiello, Liam<liamc@southoldtownny.gov>; Born, Sabrina <sabrina.born @town.southo Id.ny.us> Cc:Schlachter,Amy<amys@southoldtownny.gov> Subject: RE: RE: NOTICE FOR PUBLIC HEARING/MEETING Got it.Thank you From:Johnson, Benjamin Sent: Monday,April 20, 2026 9:52 AM To: Noncarrow, Denis<denisnC@southoldtownnv gop: Chiello, Liam<liamc@southoldtownny.aov> Cc:Schlachter,Amy<amvsQ@southoldtownnv gov> Subject: RE: NOTICE FOR PUBLIC HEARING/MEETING The Southold'Town Board meeting and public hearings scheduled for April 21, 2026, have been moved to the Recreation Center(directly next door) to better accommodate the public. Thank you. Liam—Please place this notice on the Southold Town Website in a prominent place. Denis—Please print signs and have DPW place them on all the entrances to the Peconic School tomorrow. Thank you, Ben Benjamin T..lohnson, I3sq. �O�SJr6vi�'rg3 li'h'/r.�rirH'Nr`i - frr7:'il n;\,rHtilrii,j Soul'nold 1uver.Hall Arnex 54375 Route 25,P.O.Box 1170.SOUIhold.NY 1 t•97 7�0901".1v (631)765.1 39 1'a ben;amiinJ(ilsu�tho:d7owav,y.yov 1 DENIS NONCARROW Town Hall,53095 Main Road P.O. TOWN CLERK q1F Si, Box 1179 � 4 Southold,New York 11971 Fax REGISTRAR OF VITAL (631) 765-6145 Telephone(631) STATISTICS MARRIAGE OFFICER 765-1800 RECORDS MANAGEMENT _ wwwsoutholdtownny.gov OFFICER FREEDOM OFq INFORMATION OFFICER �Dd1H1 ,� OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2026-209 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 26,2026: WHEREAS,there has been presented to the Town Board of the Town of Southold, Suffolk County,New York, on the 26th day of February 2026, 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 Peconic Community Center Auditorium, 1170 Peconic Lane, Peconic,New York, on the 21st clay of April 2026 at 6:00 P.M. 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. 2026 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 2025-4,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.In July 2025, the Code Council adopted the Fire Safety Working Group's recommendations for the 2025 NYS Fire Code, which took effect January 1,2026. 1. The Town Board finds that in order to review and comply with the newly effected Code, it 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 laws to successfully work toward a safe and effective Bess Code; 2. With the new State Fire Code in effect,the Town Board now must reconvene the Town of Southold BESS Task Force to review the new Code,make recommendations to the Town Board for adopting a BESS Code that complies and aligns with the NYS Fire Code; 3. Due to unforeseen circumstances which include discontinuing the work with the Zoning Code Consultants, and other matters, the ongoing comprehensive zoning update project being conducted by the Town is not near completion. 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 Town Board does not find it possible now 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 Town's Comprehensive Plan and other applicable town laws that will affect the BESS facilities,require guidance from 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 be extended considerably. 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 2024-6 with an effective date of April3, 2024. Further extension was adopted by Local Law 2025-4 effective April 22, 2025 and the current moratorium is set to expire on April 22,2026. 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. A The Town Board fords 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. Denis Nonearrow Southold Town Clerk RESULT: Adopted MOVER: Councilwoman Doherty SECONDER: Councilman Mealy AWES: Councilman Mealy, Justice Stevens, Councilwoman Doherty, Councilwoman Smith, Councilwoman Suess, Supervisor Krupski,Jr. NAYES: None