Battery Energy Storage
Topic
Recurring zoning/moratorium topic covering BESS project applications and Town Code regulation
77 mentions
· 2024-04-01 to 2026-08-17
Related
The record, in order
Every appearance across meeting minutes, public documents and local laws.
Appearances (50)
Article
Town Board
2026-08-17
Dick DeYullio agreed adding he worked with OP many years in the Clay Police
Department and couldn’t think of a better guy.
A resident from Wellington Manor said she knew nothing of the petition to change
the name and didn’t see this as prejudice nam…
Article
Town Board
2026-08-17
Again, many residents voiced their concerns regarding noise, contamination and
basically there being little or no advantage to the residents of the Town of Clay and
only benefitting National Grid and NexAmp.
There being no additional questions or co…
Article
Town Board
2026-08-17
Olivia Sproviero was present on behalf of this NexAmp application as well and
explained they will not pursue this application as it is in the RC-1. Supervisor
Ulatowski closed this public hearing as well.
SPECIAL PERMIT (PH) TOWN Board Case # 1245 -…
Article
Town Board
2026-07-20
A public hearing to consider the application of Town Board Case #1243: NEXAMP,
INC, d/b/a WETZEL STORAGE, LLC., for a Utility Substation Special Permit
pursuant to Section 230-27 I.(2)(e)[1][a] - Utility Substation and Section 230-27
I.(2)(e)[1] i] -…
Article
Town Board
2026-06-15
APPROVAL of MINUTES:
Councilor Gauthier made a motion to approve the minutes of June 1st, 2026 Regular
Town Board Meeting. Motion was seconded by Councilor Russell.
Ayes — 5 and Noes — 0. Motion carried.
CORRESPONDENCE:
None
REQUESTS for ADJOURN…
Article
Town Board
2026-06-01
public hearing and referred it to the Planning Board for review and
recommendation. Councilor Young moved the adoption of a resolution to adjourn
the public hearing to July 20, 2026 at 7:35 PM. Motion was seconded by
Councilor Wisnowski.
Ayes — 6 an…
Article
Town Board
2026-06-01
Adjournment:
The meeting was adjourned at 8:24 P.M. upon motion by Councilor Young and
seconded by Councilor Capria.
Ayes — 6 and Noes — 0. Motion carried.
Of ffpacime— Chak —
Jill! Hageman-Clark RMC / Town Clerk
Henry A. Zomerfeld Hodgson
Part…
Article
Town Board
2026-06-01
Aurora acknowledges and appreciates the Board’s responsiveness to certain
comments in the Initial Letters and recognizes that the Revised Law reflects an effort to refine
the proposed regulatory framework. However, two significant concerns remain. As…
Article
Town Board
2026-06-01
As a threshold issue, “solar farm” is not defined in the Revised Law, the Town
Solar Law, or the Town Code. Aurora respectfully requests that this term either be defined or
replaced with an appropriate defined term. More substantively, and as covered…
Article
Town Board
2026-06-01
Therefore, we respectfully urge the Board to add commercial districts to the list of
eligible zoning districts for Tier 3 BESS, non-contingent on project collocation, consistent with
the Town’s existing regulatory approach to Tier 3 solar.
B. Prohib…
Article
Town Board
2026-06-01
Aurora notes that the Revised Law retains the updated set of wetlands provisions
in § 209-13(A)(8), which requires that BESS proposals comply with all applicable federal and
New York State freshwater wetland regulations. Aurora supports this revision…
Article
Town Board
2026-06-01
Aurora reiterates its recommendation that this language be further tailored to
require that such wetlands permits, approvals, and jurisdictional determinations must be obtained
prior to the issuance of a building permit and the commencement of constr…
Article
Town Board
2026-05-18
APPROVAL of MINUTES:
Councilor Young made a motion to approve the minutes of the May 5th, 2026 Regular
Town Board Meeting. Motion was seconded by Councilor Russell.
Ayes — 6 and Noes — 0. Motion carried.
CORRESPONDENCE:
None
REQUESTS for ADJOURNM…
Article
Town Board
2026-05-18
public hearings. He surmised, you (residents) have say over your property and the
owner/applicant has say over his. This allows the owner to apply for a Zone Change
or Special Permit, and the Town Board (Planning Board or Zoning Board) are
required …
Article
Town Board
2026-05-18
REGULAR MEETING OF THE TOWN BOARD - May 18, 2026
Town of Clay
Page 8 of 10
battery storage systems represent a reliable and renewable energy storage system
but also recognizes the technology is new and that we do not have a governing
ordinance to ad…
Article
Town Board
2026-05-18
Councilor Young said the Special Permit should be called a BESS Special Permit as
the requirements will differ from a regular Special Use Permit.
Each of the three companies with current applications sent representatives to
comment on the latest rev…
Article
Town Board
2026-05-04
public hearing.
Councilor Young said he would like to see regulation on drones. He said he had just
read that Amazon will be using drones to deliver packages and feels as this
technology is more widely used, regulations will need to be put in place. …
Article
Town Board
2026-04-20
Public hearing to consider the application of Town Board Case #1248: STEVEN
CALOCERINOS/4793 BUCKLEY ROAD for a Special. Permit pursuant to
Section 230-13 A.(2)(e)[7] — Two-family dwelling, to allow for conversion of an
existing single-family residen…
Article
Town Board
2026-04-20
Public hearing to consider proposed LOCAL LAW NO. 4 OF THE YEAR 2026
creating a new Town Code, Chapter 209 to be titled the “Town of Clay Battery
Energy Storage System Law.” The Town recognizes battery storage systems
represent a reliable and renewab…
Article
Town Board
2026-04-20
Jim Hickey landowner on Goguen Drive stated if the additional 250 feet is added
it would require at least 8 1/2 acers of land. He stated this complicates the code
and excludes projects.
Erik Anderson of Carson Power submitted correspondence prior to…
Article
Town Board
2026-04-20
Adjournment:
The meeting was adjourned at 8:19 P.M. Upon motion by Councilor Young and
second by Councilor Gauthier.
Ayes-6 and Noes-0. Motion carried.
Decker
4
HodgsonRuss..
Henry A. Zomerfeld
Partner
Direct Dial: 716.848.1370
HZomerfe@hodgson…
Article
Town Board
2026-04-20
Aurora supports the Town’s efforts to adopt a thoughtful regulatory framework
for BESS and appreciates the need to pass legislation which permits development while
protecting the public health, safety, and welfare. As currently drafted, however, the …
Article
Town Board
2026-04-20
More fundamentally, New York law has long provided that a municipality may
not use its zoning powers to exclude a public utility use, such as BESS, from the entire
municipality or from every district in which the use could reasonably be located. The …
Article
Town Board
2026-04-20
An ordinance need not contain an express ban to run afoul of these principles. A
cumulative set of zoning, setback, and locational requirements that, taken together, effectively
leaves no parcel in the Town on which a compliant project can feasibly b…
Article
Town Board
2026-04-20
Proposed Law § 209-8(L)(1)-(2) would require Tier 3 BESS to be set back at least
250 feet from all property lines, 500 feet from any “critical transportation infrastructure,” and
750 feet from any occupied community building, disaster response facili…
Article
Town Board
2026-04-20
Proposed Law § 209-13(7) would prohibit Tier 3 BESS within 250 feet-of “any
wetland.” However, the term “wetland” is undefined. If read to include every federal, state, and
locally mapped wetland as well as unmapped hydrological features, this restri…
Article
Town Board
2026-04-20
Aurora therefore respectfully requests that the Town Board consider the proposed
revisions to the Proposed Law described above. Aurora and its technical team are available to
meet with the Board, Town Attorney, and other municipal officials as necess…
Article
Town Board
2026-04-20
BESS projects would fall under this definition. Utility Substations require a special use permit.
Town Code § 230-27(I)(2)(e). The existing applications should proceed under this existing
provision and then advance to site plan review under Town Code…
Article
Town Board
2026-04-20
This firm represents renewable energy developer Aurora Renewables Inc. and its
subsidiaries and affiliates (“Aurora”). Aurora has several battery energy storage system
(“BESS”) projects (the “Projects”) with applications currently pending in the Town…
Article
Town Board
2026-04-20
While the proposed text of the Moratorium has not been made available for
Aurora’s review, it seems from the public hearing notice that the Moratorium contains no
exceptions for BESS that currently have active applications before the Planning Board o…
Article
Town Board
2026-04-20
’ be sited in areas that do not impede on setbacks and buffers, areas of steep slopes, wetlands and
wetland buffers, protected lands and critical habitats, sensitive historic or archeological areas.
The property must also have a willing landowner as …
Article
Town Board
2026-04-20
We therefore ask that the Town decline to adopt the Moratorium, or otherwise
modify its text to exempt all BESS projects that have submitted complete applications on or
before the Moratorium’s effective date, including Aurora’s Projects. These action…
Article
Town Board
2026-04-20
The Town and State’s existing regulatory structure is robust, and more than
sufficient to ensure that potential impacts posed by BESS to public health, safety, and welfare
are addressed. Chiefly, the Projects will be permitted by the appropriate Town…
Article
Town Board
2026-04-20
York State Uniform Code Supplement, the National Electric Code, the New York State Standard
Interconnection Requirements and the utility’s interconnection agreement, the applicable fire
code, and all applicable State, city, town, or local ordinances …
Article
Town Board
2026-04-20
6. 7175 Buckley Road * Application forthcoming
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Exhibit A
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Carson Power LLC
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. Suite 2401
SAN "New York, NY 10038
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Town of Clay Town Board
Planning and Dev…
Article
Town Board
2026-04-20
These comments are organized into two sections. Part 1, Key Issues and Requested Revisions,
identifies the primary areas of concern that directly impact project feasibility and provides targeted
revisions to specific provisions of the draft law. This…
Article
Town Board
2026-04-20
Justification: “Commercial Solar” zoning districts are not defined in the Town Code or depicted
on the Town’s zoning map, creating ambiguity and effectively precluding siting within the Town’s
established zoning framework. Battery energy storage syst…
Article
Town Board
2026-04-20
Justification: The current provision requires an on-site response within one hour for a broad range
of events defined as emergencies, including conditions that may not involve BESS operations.
Battery energy storage systems are subject to the New Yor…
Article
Town Board
2026-04-20
Recommended Revision: Setbacks. Tier 3 battery energy storage systems sited in Industrial
zoning districts, including I-1 and I-2, shall comply with the minimum setback requirements of the
underlying zoning district. Where a project site shares a pro…
Article
Town Board
2026-04-20
industrial development. The required 250-foot setback from all property lines results in a minimum
parcel size of roughly 8 acres or more to accommodate a typical 5 MW facility. By contrast, New
York State’s model BESS law applies setbacks consistent…
Article
Town Board
2026-04-20
Justification: Fire safety professionals do not rely on water-based suppression as a primary
response strategy for thermal events in battery energy storage systems. The current provision
requires a prescriptive approach to water-based fire suppressio…
Article
Town Board
2026-04-20
Justification: The current provision introduces ambiguity as to whether the requirement is
intended to provide backup power for cooling systems or to supply generation to the grid. Either
interpretation is inconsistent with the design and operation o…
Article
Town Board
2026-04-20
Justification: Environmental impacts associated with battery energy storage systems are
appropriately evaluated on a case-by-case basis through the State Environmental Quality Review
Act (SEQRA) process. Absolute prohibitions may unnecessarily restri…
Article
Town Board
2026-04-20
Recommended Revision: (3) On parcels containing prime agricultural soils that are in active
agricultural use, provided that battery energy storage systems may be located on portions of the
parcel not in active agricultural use;
Justification: Applyi…
Article
Town Board
2026-04-20
Existing Language: Battery energy storage systems that utilize ethylene glycol or similar
hazardous materials in cooling systems shall include a secondary containment system and provide
an approved off-site disposal plan for such materials.
7
Recom…
Article
Town Board
2026-04-20
Section 209-2 includes findings related to safety, noise, environmental impacts, and system risks
that are not fully supported by current technical standards, regulatory frameworks, or operating
data. While the Town’s intent to protect public health …
Article
Town Board
2026-04-20
Section 209-8(E)(1)(c) requires signage identifying the type of fire suppression system installed,
8
which may imply that traditional fire suppression systems are required for all installations. Fire
protection strategies for battery energy storage …
Article
Town Board
2026-04-20
Recommended Revision: The law should consolidate fire safety documentation requirements to
avoid duplication. Revise §209-9(A)(9) to read: “Fire safety requirements shall be addressed
through the Emergency Operations Plan and Hazard Mitigation Analys…
Article
Town Board
2026-04-20
Section 209-9(F)(1)(h) requires a Stormwater Pollution Prevention Plan (SWPPP) regardless of
project size. SWPPP requirements are established by NYSDEC and apply only when specific
disturbance thresholds are met. ;
Recommended Revision: The requirem…
Article
Town Board
2026-04-20
Emily Thomas
Development Operations Manager
Carson Power
11
nexamp
Nexamp Comment Response Letter
To the Town of Clay on Proposed Local Law No.4 2026
Town Board and Planning Board
Town of Clay
Clay, New York
Re: Local Law No 4 of the year of 202…