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Hampden planning board advances battery‑energy‑storage bylaw draft; public hearing set for April 16

2315087 · February 13, 2025
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Summary

The planning board reviewed a revised draft bylaw covering battery energy storage systems (BESS), added operational and testing requirements referencing UL and NFPA standards, and agreed to send the draft to town council and hold a public hearing on April 16.

The Town of Hampden Planning Board on Feb. 12, 2025 reviewed a revised draft bylaw regulating battery‑energy‑storage systems (BESS) and agreed to forward the draft to town council for review and to hold a public hearing on April 16, 2025. The board discussed operational testing, reporting, setbacks, decommissioning and temporary construction noise limits.

Key elements discussed - Testing and O&M: Board members and staff recommended that the operations and maintenance manual require an annual testing scope, including battery performance checks, functionality checks, inverter performance and thermal monitoring. The draft references UL 9540 (BESS standard) and NFPA 855 (stationary energy storage system fire/safety guidance) as the performance and safety frameworks; the board asked the planner to include dielectric and similar testing and to require operators to submit testing reports to the town engineer, building official and board of health. - Reporting and cost allocation: The board directed that test results and summary reports be provided to town staff (building department/town engineer and board of health) on a yearly basis or upon request, and that the operator bear the costs of required testing and review. - Emergency operations and local response: The draft was edited to require an emergency‑operation plan and a local contact who can respond for the operator; some board members said they had seen bylaws that require an on‑site or locally reachable representative within a specified time window for emergency response. - Decommissioning and financial assurance: The members discussed and clarified decommissioning fund language (a decommissioning fund or bond to cover removal and site restoration in case of abandonment), and asked staff to ensure the bylaw references decommissioning procedures consistent with other local code language. - Setbacks and tiers: The board debated district allowances and decided to permit small, residential tiers in limited residential districts (tier 1) and allow co‑location with solar in business/commercial districts for moderate‑sized systems (tier 2), while higher‑capacity tiers would be limited to industrial districts or require special permit. Members asked staff to finalize the use table language. - Construction noise and temporary generator use: Members discussed construction‑period noise and temporary diesel generators used during installation. The board asked that construction noise allowances be limited in time (for example, allow temporary generator use only for a limited construction window) and that permanent noise levels be addressed in special‑permit conditions.

Process and timeline The board approved sending the draft to town council for legal review and scheduled a joint public hearing on April 16, 2025. Staff were asked to circulate the most recent draft to board members and to town council, and to gather any additional examples and comments the board requested (for example, sample setback tables from other towns).

Why it matters BESS installations raise specific local concerns — fire and public‑safety planning, groundwater/aquifer protection, electromagnetic and nuisance impacts, and long‑term site restoration. The bylaw revisions aim to create town standards for testing, reporting and financial assurance to reduce local risk and provide a consistent review process for applicants.

Next steps Planning staff will send the draft to town council for review and circulate the revised draft to the planning board. Public hearing notices will be published ahead of the April 16 hearing; board members said they expect to refine testing and reporting language and the use table prior to that hearing.