Local Businessman Takes Issue With Proposal To Change Propane Storage Regulations in Quogue

A local businessman is accusing Village of Quogue officials of trying to change the village code to ban propane storage and distribution in the village before the outcome of an Article 78 proceeding he filed against the village last year.

If the lawsuit ends in his favor, it would allow him to store propane on a piece of land in the village that he’s currently in contract to buy.

Chris Brody, the president of Propane Depot, said he first looked into purchasing property on Old Depot Road to use for propane storage for his business in December 2023.

He said he met many times with Quogue Village Building Inspector William Nowak and informed him of his plans for the property. Brody said that Nowak was helpful and supportive of his plans, and worked with him to put together the necessary paperwork to submit to the Village Planning Board, and added that he had received good feedback from the mayor and Planning Board on his plans for several months — until things “got weird” after a Village Board meeting later in the year.

Before long, Brody said he came to realize that Randy Cardo, a Village Board member and the owner of land near the land he wants to buy, has an interest in doing battery storage on that property, but the presence of propane storage nearby could derail those plans.

He believes that is why his plan, which had proceeded smoothly until then, hit a roadblock seemingly out of nowhere.

Brody filed the Article 78 against the village after his application for propane storage was denied by the Zoning Board of Appeals.

The public hearing, set for Friday, January 17, will focus on proposed amendments to the village code regarding permitted uses in light industry districts, and specifically amending the definition of “nonnuisance” industries, while also adding definitions and permitted uses of indoor recreation, small- and large-scale solar energy systems, battery energy storage systems less than 600 kWh, and “clarifying the prohibition of bulk fuel storage facilities.”

If the board votes to prohibit propane storage, it will effectively render the outcome of Brody’s Article 78 proceeding moot, even if the court rules in his favor.

Brody said he takes issue with the fact that the village has decided to follow Southampton Town guidelines when it comes to BESS, but seems poised to make its own regulations regarding propane storage.

He also pointed out that, during the oral part of his appeal before the ZBA, one of the ZBA members asked, “Why do you have to do this in Quogue?” which he said was a “NIMBY” approach to the matter that was not fair or just.

Brody said he has spent “well over six figures” on the design of the project and legal fees. “I would have never moved forward if my initial inquiry was not met with such enthusiasm from the village,” he said.

Quogue Village Mayor Peter Treuhold declined to comment on the matter last week, citing the pending litigation. Cardo did not return requests to comment.