Battery Energy Storage (BESS)

REGULAR MEETING OF THE TOWN BOARD – September 4, 2019 Town of Clay Page 2 of 5 2 Supervisor Ulatowski announced that he has no knowledge of the recently advertised interest in constructing a warehouse on Morgan Road, in fact he just received i…

REGULAR MEETING OF THE TOWN BOARD – September 4, 2019 Town of Clay Page 3 of 5 3 two rows of evergreen trees; this would be decided at the Site Plan portion of the planning stage. Jerry Michaels of 8780 Morgan Road (adjacent to the parcel) …

REGULAR MEETING OF THE TOWN BOARD – June 21, 2021 Town of Clay Page 4 of 7 4 A public hearing to consider the application of NORTH VERPLANK ROAD SOLAR, VP ROAD SOLAR, LLC., FOR A SPECIAL PERMIT pursuant to Section 230-27I.(2)(e) to allow for a…

REGULAR MEETING OF THE TOWN BOARD – December 20, 2021 Town of Clay Page 2 of 5 2 Local Law No. 2 of the Year 2021(formerly Local Law No. 1 of the year 2021(adding a new chapter) SOLAR ENERGY SYSTEMS (PH): A public hearing to consider LO…

| Liverpool NY | 13088) US | 2024-03-30 | Gluchowry Kd _[Liverpoo! NY | _13088/US 2024-08-90 | Solvay ‘NY | 1209/US 2024-03-30 . _ [Bast Syracuse NY ———«413159- US 2024-08-30 BESS caus Tel [West Monroe = NY ~=—=SS=«18167 US 2024-09-90 Clay NY | 1304…

2031. Motion was seconded by Councilor Bick. Ayes - 7 and Noes - 0. Motion carried. ZONE CHANGE (CPH) TOWN Board Case # 1240 – SUMMIT FEDERAL CREDIT UNION, TAFT ROAD BRANCH: Councilor Wisnowski moved the adoption of a resolution calling a public hear…

public hearing #1241 to 3/2/2026 at 7:41PM. Motions were seconded by Councilor Gauthier. Ayes - 7 and Noes - 0. Motion carried. Supervisor Ulatowski opened both applications for NEXAMP Wetzel Road Storage and NEXAMP Longbranch Storage, together. SPEC…

public hearing #1244 to 3/2/2026 at 7:47PM. Motions were seconded by Councilor Young. Ayes - 7 and Noes - 0. Motion carried. SPECIAL PERMIT (PH) TOWN Board Case # 1245 - CARSON POWER, LLC: Supervisor Ulatowski opened a public hearing to consider the …

Motion Carried: 7-0. Page 2 of 14 Planning Board Regular Meeting February 11, 2026 Chairwoman Borton made the following statement: “I want to disclose that I will be recusing myself from the next three cases on the agenda concerning battery ene…

Case #2026-001 – Nexamp Inc/ Wetzel Road Storage, 4664 Wetzel Road, Special Permit Referral. Ms. Olivia Sproviero, Nexamp, stated the Wetzel Road Storage will be located in an Industrial I- 1 zone on .99 acre and will be a 5,000 Kwh system composed …

nternal controls systems in place to prevent fire events occurring. nternal fire prevention in the form of a Sparker System paired with roo op de agration vents come integrated in the Megapack system esla Megapack 2 holds a current Certific…

Mr. Graves asked about the ventilation and how this will affect Central New York weather patterns in the cold weather as snow and rain are different from ventilation controlling heat. Ms. Sproviero said this has been tested for these conditions and w…

Deputy Chair Mitchell said two letters are on record received from residents in the Longbranch area in opposition. Everything that was heard in the previous case applies here except the location so there is no need to reiterate the same information. …

Motion Carried: 5-0. #2026-004 – Carson Power, LLC/Wetzel BESS A&B at 7846 & 7850 Goguen Drive, Special Permit Referral Mr. Dan Murray, Ms. Emily Thomas, and Mr. Eric Anderson are present to address the board. Mr. Anderson said the project is located…

Ms. Guinup: At this time the direct benefit to the residents is minimal. The town would enter into a Host Agreement from which the town would then decide how best to use the funds to the benefit of the residents. Taking into consideration how the pot…

Ms. Guinup: At this time the direct benefit to the residents is minimal. The town would enter into a Host Agreement from which the town would then decide how best to use the funds to the benefit of the residents. Taking into consideration how the pot…

Ms. Guinup: At this time the direct benefit to the residents is minimal. The town would enter into a Host Agreement from which the town would then decide how best to use the funds to the benefit of the residents. Taking into consideration how the pot…

Deputy Chair Mitchell: I am not in favor of current approval. Since this is a new concept for the town to consider I feel we have to step back and take a good look at where these kinds of BESS projects will properly fit. Previously we have looked at …

Motion read by Mr. Graves. Mr. Chairman: In the matter of the application of planning board case No. 2026-004 Carson Power, LLC/Wetzel BESS A&B, I move to submit planning board comments to the Town Board using standard form #60 Special Permit Recomme…

hearing. COMMUNITY DEVELOPMENT FUNDS, 2026 (PH): A public hearing to solicit from Town of Clay residents their comments and input regarding the use of funds by the Town of Clay with respect to the applications for funding and for the five (5) year pl…

APPROVAL of MINUTES: Councilor Bick made a motion to approve the minutes of the March 16th, 2026 Regular Town Board Meeting. Motion was seconded by Councilor Wisnowski. Ayes 7 and Noes - 0. Motion carried. CORRESPONDENCE: None REQUESTS for ADJOURNMEN…

Adjournment: The meeting was adjourned at 8:26 P.M. upon motion by Councilor Young and seconded by Councilor Capria. Ayes - 7 and Noes - 0. Motion carried. Jill Hageman-Clark RMC / Town Clerk 7 REGULAR MEETING OF THE TOWN BOARD – April 6, 2026 Town o…

6. 7175 Buckley Road* Application forthcoming 69137929vl 11 REGULAR MEETING OF THE TOWN BOARD – April 6, 2026 Town of Clay Page 12 of 12 To: The Town Board Members Date: 04/6/2026 Good Evening I am speaking tonight as a concerned resident of the Town…

neighborhood. • Environmental Concern: The BESS installation with its risky potential effects to the environment is also troubling. Request for Alternative Siting I respectfully ask that the committee reconsider this current Longbranch proposed locat…

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…

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…

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…

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…

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 …

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 …

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…

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…

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…

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…

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…

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…

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…

’ 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 …

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…

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…

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 …

6. 7175 Buckley Road * Application forthcoming » 69137929v1 Exhibit A bd Preise Carson Power LLC $i 2: a : CarsonPouver TIO Williarn Street . Suite 2401 SAN "New York, NY 10038 4 . www.carson-power.com Town of Clay Town Board Planning and Dev…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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 …

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 …

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…

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…

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…

The potential for erosion, sedimentation, and drainage impacts is not specific to battery energy storage systems, but rather is a standard consideration for any land development project involving site disturbance. These risks are well understood and …

As of writing this comment letter there are no studies that show property values near commercial BESS projects are negatively impacted. In the May 2025 research paper “The Impact of Utility-scale Battery Energy Storage System Projects on Property Val…

communications systems. K. (3) The actual necessity for such facility given energy production in the area and region, including but not limited to clean energy production; _ Clarification on how necessity is determined will be needed to address thi…

current Cicero code, of which this draft language is based on, there is still no zoning map with a “Commercial Solar” zoning district published and the language regarding how the “Commercial Solar” zoning district would be determined and implemented …

§209-8 J. Decommissioning (4) - Town of Clay will require the posting of a cash component of no less than 50% of the total security amount determined This portion of the code taken from Cicero is simply a method to create a cost prohibition. Conside…

shaped uniformly square, any change in dimensions exponentially increases the amount of space needed to meet this setback requirement. When reviewing the properties in Clay within the I-1 and 1-2 zones, not including those dedicated to Micron develo…

It is well documented that the state and federal guidance for distance to be maintained during an emergency event for personnel is 100ft, so we recommend a 100ft building setback requirement rather than a BESS specific parcel boundary line setback. 2…

- the town can often automatically result in an affirmative DEC wetland determination regardless of soil hydrology. As such we ask the stricter 250ft setback be reserved for those larger wetlands which have been shown to provide ecological benefits a…

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. …

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…

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 …

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…

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…

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…

Councilor Capria thanked Mr. Hickey and said the Town Board met to discuss this including a three-hour meeting on Saturday. He continued they have done due diligence and are looking out for the residents. REGULAR MEETING OF THE TOWN BOARD - June 1, …

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…

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…

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…

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…

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…

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…

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…

Deputy Supervisor Bick stated we have given time to battery storage and worked to formulate a Local Law, we must now do the same with the Data Centers. This is unchartered territory, we need to be diligent with research considering public input, engi…

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] -…

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…

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…

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 -…