The Town of Clay's battery energy storage system law and the BESS project applications it governs.
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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…
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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…
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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…
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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…
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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 …
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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 …
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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’ 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 …
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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…
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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…
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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 …
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6. 7175 Buckley Road * Application forthcoming
» 69137929v1
Exhibit A
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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 …
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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 …
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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…
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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…
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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…
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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 …
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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…
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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…
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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 …
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§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…
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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…
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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…
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- 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…
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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…
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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, …
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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…
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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…
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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…
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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…
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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…
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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…
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SEQR/FINDINGS/DECISION) For 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 1.(2)(e)[1] Li] …
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SPECIAL PERMIT (PH) TOWN Board Case # 1245 - CARSON POWER, LLC:
(SEQR/FINDINGS/DECISION) For the application of Town Board Case #1245:
CARSON POWER, LLC., for a Utility Substation Special Permit pursuant to
Section 230-27 I.(2)(e)[1][a] - Utility Sub…
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Ayes — 6 and Noes — 0. Motion carried.
SPECIAL PERMIT (SEQRA & DECISION) (D) TOWN Board Case # 1243 -
NEXAMP, INC, d/b/a WETZEL ROAD STORAGE, LLC:
Councilor Russell moved the adoption of a resolution that the application of
NEXAMP, INC, d/b/a WETZ…
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1. Need for a Comprehensive Regulatory Framework. The Town Board finds
that Battery Energy Storage Systems (BESS) represent a unique land use with
specific siting, fire safety, emergency response, environmental, operational, and land
use compatibilit…
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4. Proximity to Residential and Commercial Uses. The Town Board finds that
the proposed facility’s proximity to residential and other commercial uses warrants
additional consideration of land use compatibility, buffering, screening, separation
distan…
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7. Screening and Visual Impacts. The Town Board finds that BESS facilities
should be subject to appropriate screening and buffering requirements to address
visual and operational impacts. Such requirements may include landscaping,
fencing, vegetative…
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9. Planning Board Recommendation. The Town Board has considered the
Planning Board’s unfavorable recommendation issued at its February 25th meeting
by a vote of seven to zero. The Planning Board identified concerns regarding the
adequacy of the Town’…
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11.Site Access and Emergency Access. The Town Board has considered the
County Planning Board’s recommendation that, given the limited vehicular use and
topography, the applicant and Town consider utilizing the adjacent plaza for access
to the site. T…
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14. Future Applications Under BESS Ordinance. The Town Board has adopted
a specific Battery Energy Storage System (BESS) ordinance establishing regulations
governing the siting, design, review, and operation of BESS facilities within the
Town. The To…
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Based upon the foregoing findings, the Town Board finds that the proposed Battery
Energy Storage System, as presently presented, does not provide sufficient
assurance that the use can be appropriately sited and regulated to address land use
compatibi…
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Councilor Russell moved the adoption of a resolution that the application of
NEXAMP, INC, d/b/a LONG BRANCH 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)(…
Source record
1. Need for a Comprehensive Regulatory Framework. The Town Board finds
that Battery Energy Storage Systems (BESS) represent a unique land use with
specific siting, fire safety, emergency response, environmental, operational, and land
use compatibilit…
Source record
4. Proximity to Residential and Commercial Uses. The Town Board finds that
the proposed facility’s proximity to residential and other commercial uses warrants
additional consideration of land use compatibility, buffering, screening, separation
distan…
Source record
7. Screening and Visual Impacts. The Town Board finds that BESS facilities
should be subject to appropriate screening and buffering requirements to address
visual and operational impacts. Such requirements may include landscaping,
fencing, vegetative…
Source record
9. Planning Board Recommendation. The Town Board has considered the
Planning Board’s unfavorable recommendation issued at its February 25th meeting
by a vote of seven to zero. The Planning Board identified concerns regarding the
adequacy of the Town’…
Source record
11.Site Access and Emergency Access. The Town Board has considered the
County Planning Board’s recommendation that, given the limited vehicular use and
topography, the applicant and Town consider utilizing the adjacent plaza for access
to the site. T…
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13. Denial Without Prejudice. The Town Board finds that the concerns identified
herein are capable of being addressed through future municipal action and/or
through a revised application demonstrating compliance with applicable regulations.
According…
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Based upon the foregoing findings, the Town Board finds that the proposed Battery
Energy Storage System, as presently presented, does not provide sufficient
assurance that the use can be appropriately sited and regulated to address land use
compatibi…
Source record
1. Need for a Comprehensive Regulatory Framework. The Town Board finds
that Battery Energy Storage Systems (BESS) represent a unique land use with
specific siting, fire safety, emergency response, environmental, operational, and land
use compatibilit…
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3. Appropriate Siting. The Town Board finds that the suitability of a BESS
facility should be determined through established land use and siting criteria and
should not be based solely upon the availability of a particular parcel. Consideration
shoul…
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6. Potential Public Safety and Environmental Impacts. The Town Board
recognizes concerns associated with a potential battery-related incident, including
fire, smoke, or the release of potentially hazardous substances. The Town Board
finds that approp…
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9. Planning Board Recommendation. The Town Board has considered the
Planning Board’s unfavorable recommendation issued at its February 25th meeting
by a vote of seven to zero. The Planning Board identified concerns regarding the
adequacy of the Town’…
Source record
13. Denial Without Prejudice. The Town Board finds that the concerns identified
herein are capable of being addressed through future municipal action and/or
through a revised application demonstrating compliance with applicable regulations.
According…
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Based upon the foregoing findings, the Town Board finds that the proposed Battery
Energy Storage System, as presently presented, does not provide sufficient
assurance that the use can be appropriately sited and regulated to address land use
compatibi…