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Town of Southeast adopts six‑month moratorium on lithium battery storage after public hearing

Town of Southeast Town Board · June 13, 2024
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Summary

After a public hearing with residents urging safety buffers and stronger limits, the Town of Southeast adopted Local Law No. 4 of 2024 imposing a six‑month moratorium on review and approval of commercial projects that incorporate lithium‑ion battery storage technology.

The Town of Southeast board on June 13 adopted a temporary six‑month moratorium on the review and approval of commercial uses that incorporate lithium‑ion battery storage, following a public hearing that drew multiple residents urging tighter local controls and safety buffers.

Supervisor Durant opened the hearing and invited public comment; Samantha Woodgate, who identified herself as a town resident, said she was “out here tonight to ask the town board to please consider giving us a buffer for residential neighborhoods,” citing several regional battery storage fires and warning that facilities placed near houses or schools pose risks to residents and first responders. Another commenter, who identified themself as An Fizzy, commended the board for acting quickly and urged the board to weigh the safety of volunteer fire personnel when evaluating the technology.

The moratorium, adopted by the board as Local Law No. 4 of 2024, declares a temporary pause on review and approval of certain commercial applications that incorporate lithium battery storage and amends chapters 54 and 138 of the town code. The resolution states the action is a Type II under the New York State Environmental Quality Review Act (SEQRA), and the local law takes effect immediately; the town clerk was directed to file notice with the New York State Secretary of State. The local law does not ban battery storage permanently but pauses approvals while the board and planning staff review zoning and possible mitigation measures.

Several residents asked whether the six‑month term was long enough and whether the town would consider a full prohibition; board members said the moratorium was the first step to allow the planning board, town attorney and staff time to research options, consult experts, and hold additional public hearings. Supervisor Durant said the town has contacted neighboring jurisdictions and state representatives and will pursue grant funding or state assistance where available.

The board closed the public hearing by motion and immediately voted to adopt the local law. The town clerk will enter the law in the minutes and file appropriate notices required by statute.