Holbrook Energy Storage LLC is seeking to install up to a 525MW Battery Energy Storage Facility on the site right next to the asphalt plant on Furrows Road. This would consist of up to 275 (25'H x 40'L x 10'W) storage containers holding lithium-ion batteries. 

This application is sitting with the Islip Zoning Board of Appeals to render a decision as to whether or not utility scale battery energy storage systems constitute a public utility and to approve or deny the applicant's request for a special exception to install accessory structures (the storage containers) on site without a principal structure.

This PETITION is to request that the Islip Zoning Board render a decision that utility scale battery energy storage systems do not constitute a public utility and to deny the special exception request to install accessory structures on site without a principal structure.

Reference File Number: IS-21-01

Applicant: Holbrook Energy Storage LLC/FURROWS ROAD PROPERTIES LLC.

Worthy Project - Wrong Location!

At a Zoom Public Hearing on March 9th, there was a lot of question surrounding the requested special exception to establish the use of a public utility and to grant permission to construct accessory structures (up to hundreds of them) on site without a principal structure.  Special exceptions are supposed to be very carefully controlled and are not generally permitted.

The special exception request to determine whether utility-scale battery storage constitutes a public utility should be no, for the following reasons: 

1. TOI Zoning Code (Article XXV) Section 68-341: Uses permitted as special exception by Board of Appeals after public hearing.

i. Public utility, when no repair or storage facilities are maintained.

**Since the applicant proposes to place storage facilities (containers) on the property, the request for special exception should be denied.

 2. Definition of Public Utility

A private business organization, subject to governmental regulations, that provides an essential commodity or service, such as water, electricity, transportation, or communication, to the public.

**This applicant does not provide any commodity or service to the public, they would be providing a service to LIPA/PSEGLI. They do not generate the power, they are storing it.

**It does not offer services equivalent to those received by direct customers of a public utility. Because the applicant would not be subject to regulations as a public utility, it does not provide certain benefits and protections that a customer would receive if they contracted directly with a public utility. These include rebates and energy-efficiency measures offered by the host utility, certain emergency-assistance programs for lower-income residents, protections against disconnections, and various other consumer-protection measures.

 With regard to the requested special exception to construct accessory structures on site without a principal structure, this request should be denied for the following reasons:

 1.      TOI Zoning Code (Article XXV) Section 68-338: Permitted use.

R. Indoor storage and sales of vehicles. Outdoor storage is expressly prohibited          for this use.

 2.      TOI Zoning Code (Article XXV) Section 68-340: Prohibited uses.

All uses not expressly permitted are prohibited. Nothing herein contained shall be construed to permit the erection, alteration, addition, maintenance or use of any premises of either a business or industrial operation which shall provide outdoor storage, outside service, outside display, outside counter or window service, carhopping service or drive-in or drive-up counter or window service in an Industrial 1 District.

**Outdoor storage was mentioned in the Zoom meeting. The applicant/attorney referred to vehicles and/or equipment in their response.  The above provision does not refer to vehicles or equipment, it only refers to outdoor storage.  It clearly states …”a business or industrial operation which shall provide outdoor storage …”

**This proposed project does just that, they would be providing outdoor storage of containers to store energy and to sell this stored energy to another business, without a principal structure. If this is the case, anyone can run a sales business out of a storage container. 

3.      TOI Zoning Code (Article XXIII) Section 68-317: Legislative intent: purposes of industrial districts.

This section states that the industrial districts established in this ordinance are designed to promote and protect public health, safety and general welfare.

c. To encourage industrial development which is free from danger of fire, explosions, toxic and noxious matter, radiation and other hazards, and from offensive noise, vibrations, smoke, dust and other particulate matter, odorous matter, heat, humidity, glare and other objectionable influences, by permitting such development in areas where this ordinance restricts the emission of such nuisances, without regard to the industrial products and process enveloped.

d. To protect adjacent residential and other areas, and to protect the labor force in other establishments engaged in less offensive types of industry and related activities, by restricting those activities which involve danger of fire, explosions, toxic and noxious matter, radiation and other hazards, or create offensive noise, vibration, smoke and other particulate matter, odorous matter, heat, humidity, glare and other objectionable influences, to those limited areas which are appropriate therefor.

**Permitting the requested special exception does not support this objective.

**The location of this site leaves one escape route for all the residents situated around this site. Should there be a large fire or explosion or a release of toxic fumes, residents would be put at risk of not being able to leave the area fast enough to avoid a possible disaster.

**If Islip allows a project like this, located within 100’ feet of residents homes, and/or if they allow this private entity to be considered a public utility, they will set a precedent for future requests of the same thing. This is dangerous to all of Islip, and Suffolk County.

**Savion Energy which was acquired by Green Investment Group, is only two years old. How advanced could their experience be? When they refer to statistics, such as the percentage of change that a fire or explosion at the site could occur – what are they basing this on?

**Entities connected to these companies, most of them, if not all of them are registered under LLC’s.  Limited liability (some are registered as foreign LLC’s) – A limited liability company (LLC) is a business structure in the US whereby the owners are not personally liable for the company’s debts or liabilities. (Please don’t let them dump this in our backyards)

 4.      At the Zoom meeting on March 9th, one of the board members asked the applicant/attorney whether any studies regarding impact on health had been completed. The response was that there would be absolutely no impact on health.

The applicant provided an Environmental Assessment Form (or SEQRA). The applicant’s submitted EAF did not match the EAF posted on Islip’s website.

Page 19. of Islip’s EAF – Section entitled Impact on Public Health

Question #18 – Asks if the proposed action would cause a risk of fire or explosion or release of hazardous substances in the event of accident or upset condition.

This question did not appear on the applicant’s version of the EAF, but I think that we all agree that the answer to this question would be yes.

**If this question is being asked on the EAF, it would appear that this would or should affect any decision to approve a project like this, especially in this location.

 5.      Research on lithium-ion storage batteries show that they are very sensitive.

Overheating - malfunction – impact or damage can lead to thermal runaway, fire and explosions. And the release of toxic fumes in the case of an accident.

Posillico operates an asphalt plant on the adjacent property. There have been numerous resident complaints over the past two years of ‘booms’ and ground vibrations coming from this property that has shook homes nearby.

**The applicant/attorney response during that Zoom meeting was that the outdoor storage containers would be placed on concrete slabs, and that the vibrations and/or booms would not affect the batteries. Sure, especially when they are placing concrete slabs on top of sand.  This alone should render this site incompatible for this type of use.

**The installation of an up to 525MW battery energy storage facility on this property, within less than 100’ of residential yards in some cases, poses a dangerous hazard including fire, explosion and release of hazardous toxins which would affect residents for miles should there be a fire or explosion on site.

The applicant(s) applying for this special exception and permits are looking to move forward with a project that is larger than most all of these types of facilities being installed across the country.

Vistra Energy is currently working to install a 600MW battery storage facility in Texas and they are saying that it would be the largest in the country.  So, that would make this proposed project the second largest in the country, right here in our backyards.

6.      In response to the Suffolk County Planning Commissions Staff Report Dated 3.3.2021 and Resolution dated 3.9.2021

Notes: (Suffolk County Planning Commission Staff Report dated 3.3.2021)

"Standards that are typically considered when granting a special exception are whether the proposed special exception will create congestion on roads or streets, create fire hazards, tend to overcrowd land or unduly concentrate population, interfere with adequate provision for school, parks, water, sewerage, transportation or other public service, or adversely interfere with the surrounding environment."

"It is the belief of the Suffolk County Planning Commission staff that with state-of-the-art safety mitigations and adequate buffering of adjacent properties the proposed special exception use can be compatible with adjacent land uses, maintain the immediate existing community character, and is not expected to adversely affect public convenience and the maintaining of satisfactory community environment."

**What is the definition of ‘adequate buffering’ when fire, explosions and/or release of toxic and noxious gases are a potential hazard of the proposed project? If the adequate buffering being considered relates to view of the site project, I think that the Planning Commission needs to take into consideration that a buffer adequate to hide the view is not adequate to protect neighboring properties from fire or explosion hazards.

**Have any considerations been given to ‘adequate buffering’ of a project like this that poses a threat of fire or explosion – from neighboring lots such as Northville Industries (which sits directly behind this site, within only feet) and has 12 tanks holding approximately 15,960,000 gallons of fuel. 

Suffolk County Planning Commission Planning Guideline Considerations

"The Holbrook Energy Storage, LLC project is considered “Regionally Significant” by Suffolk County Planning Commission guidelines in that the proposed facility is “a new electric … storage facility greater than 6MW of power” and within 500 feet of an adjacent municipality (Brookhaven)." 

**The proposed project allows for up to 525MW. A ‘regionally significant’ project which poses fire, explosion and toxic fume hazards should not be in an area which is so close to residential homes.  The residents have attended two virtual meetings to listen to the details of this potential disaster, they were looking for answers. Specifically, answers pertaining to their health, safety and well-being. When it came to these questions, the applicant/attorney was unable to provide much more than conjecture.

While this project may worthy, placing it within feet of residential homes with far too many unanswered questions is unacceptable. This would place a burden on, and it would affect the health and safety of the surrounding residents homes and businesses. It’s just too close.  A project like this one would be better suited for a larger industrial area with no homes within 100 feet.

Photo of Proposed Project Layout:

Following are some links realted to lithium-ion battery energy storage systems and facilities:

April 2017 - Lithium batteries causes train car explosion in NY Houston

August 2020 - Independent assessors blame Arizona lithium battery explosion on thermal runaway

August 2019 - Regulator says lithium-ion batteries create “unacceptable risks”

July 2019 - The Safety Question Persists as Energy Storage Prepares for Huge Growth

The risks of lithium-ion battery energy storage systems