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Planning board recommends grid-scale battery energy storage bylaw and simplified ADU rules for warrant
Summary
The board voted to recommend a revised Article 23 that renames and clarifies provisions for grid-scale battery energy storage systems and to recommend a simplified Article 24 updating accessory dwelling unit rules consistent with state guidance.
The Town of Hubbardston Planning Board voted to recommend two separate warrant articles: a revised Article 23 addressing grid-scale battery energy storage systems (GBESS) and a simplified Article 24 updating accessory dwelling unit (ADU) rules to align with state requirements.
Alec presented the revised Article 23 and explained the title and text changes: the draft now uses "grid scale battery energy storage systems" in the draft title and clarifies treatment of different technologies and tiers. The draft removes technology-specific language and consolidates permitting and siting language. Board members and members of the public had earlier raised a versioning issue related to state guidance and attorney-general preclearance; Alec said some clarifying floor-amendment language may be required for Article 4 references and that the board would present any suggested floor amendment in advance to the Select Board.
The board discussed tiered treatment (Tier 1/Tier 2 systems), whether a special permit or by-right allowance would apply in certain districts, and consistent abbreviations: the board agreed to standardize references to the full phrase and to define an abbreviation (GBESS) where used. The draft also changes annual reporting to the fire department (rather than another office) and contains operator/owner-notification requirements for changes in ownership.
On accessory dwelling units, the board reviewed an amended Article 24 that was shortened and brought into conformity with the state CMR referenced in the packet. The planning board noted that Article 24 was eligible for Attorney General pre-review; staff said the changes remove sections invalid under state law and simplify the article.
A public commenter raised a question about the legal drafting term "shall" and recommended reviewing whether the language should use "must" in some places; the board acknowledged the comment and noted staff would follow up on legal style questions.
After edits and discussion the planning board closed the continued public hearing on these articles and voted to recommend both Article 23 (grid-scale battery energy storage) and Article 24 (ADU revisions) to the warrant.
