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Town of Clay delays battery storage approvals as revised BESS local law draws developer and resident objections
Summary
The Town Board adjourned several battery storage applications and continued the public hearing on the draft Battery Energy Storage System law after developers raised technical objections (emergency response time, decommissioning security) and residents urged stricter siting limits near neighborhoods and parks.
Deputy Supervisor Joseph Bick and the Town Board on May 18 heard public comment on a fourth revision of the draft "Town of Clay Battery Energy Storage System Law" and adjourned several pending battery storage applications for further consideration.
The draft ordinance would replace an earlier two-permit approach with a single BESS Special Permit, remove most additional setback requirements except where battery storage abuts residential districts, allow BESS at existing commercial solar sites (while requiring new solar to be in industrial zones), cap battery system height at 16 feet, require coordination with the New York State Department of Environmental Conservation for wetlands, and limit permits to one year with extensions at the discretion of the Commissioner of Planning & Development. The draft also sets an emergency response-time requirement of two hours for operators.
John O'hern of NexAmp, speaking for one of the applicants, said the two-hour response requirement was "stringent" compared with the State Fire Code’s four-hour guidance. A Carson Power representative told the board that requiring cash security for decommissioning plans is difficult in practice and suggested a security bond instead; that representative also objected to the two-hour response requirement and to some of the draft's noise and medical provisions. "We do not agree with the 2‑hour emergency response time or noise and required medical," the representative said.
Residents and local stakeholders urged the board to tighten siting limits. Janet Rathburn, who said she attended a recent work session, asked the board to restrict BESS to industrial zones where possible and raised proximity concerns for Wetzel Road, nearby neighborhoods, parks and the YMCA. Others warned development could increase traffic, trash, and encroach on wildlife habitat. Deputy Supervisor Bick and Commissioner Brian Bender sought clarification on technical points and said the board would consider public and industry input.
Procedurally, the Town had earlier adjourned three battery-related applications (NexAmp/Wetzel Road Storage, NexAmp/Long Branch Storage and Carson Power) to June 15, 2026; the board adjourned the BESS local law hearing to June 1, 2026 at 7:38 P.M. for continued deliberation and public comment.
The board did not take final action on any pending BESS permits at the May 18 meeting; next steps include additional public hearings and technical revisions to the draft law.
