Southampton planning board reviews draft battery storage bylaw, debates setbacks, noise and emergency rules

Southampton planning board members on May 20 reviewed a draft zoning amendment to regulate battery energy storage systems (BESS), focusing debate on setbacks from wells and septic systems, whether the water-supply protection overlay should ban installations, noise limits and emergency-response obligations.

Richard Harris, the board’s consultant, told members he had combined language from the state model bylaw and a draft used in Blandford and had moved procedural site-plan details into a separate policies-and-procedures document so the zoning text remains concise. “What I did was I took the model bylaw that DoER has put out,” Harris said, adding he removed repetitive procedural sections and added a Tier 4 definition so the bylaw is explicit if a project exceeds the highest listed size.

Harris described a tiered system that distinguishes standalone primary-use BESS from accessory systems tied to solar or a building, and recommended treating accessory systems differently from primary facilities. He also warned the board that deviating from the state model increases the chance the Attorney General’s office may question or partially reject the bylaw: “As you deviate from that, you get into more area of gray,” he said.

Much of the discussion centered on a proposed 150-foot setback from wells and septic systems for larger BESS. One member called that distance “extreme” and worried it would eliminate the possibility of accessory systems on many residential lots; Harris agreed the restriction risks overly limiting site locations and said the board could focus the strictest prohibitions on larger tiers while easing rules for smaller, accessory Tier 1 installations.

Board members pressed for clearer screening and buffering requirements so plantings provide effective screening from day one, and they discussed enforcement: the consultant noted that the town’s ability to require maintenance depends on the resources and funding available to enforce the bylaw.

Emergency response, fire safety and decommissioning also drew detailed attention. A town official identified as the fire chief and emergency management director described current responder guidance for lithium-battery fires: “Don’t put water on it. Just let it burn itself out,” the chief said, and added that mutual aid and specialized foam are part of the response strategy. Harris said the draft requires an emergency-response plan, drills and responder training and suggested monitoring whether the fire department needs additional equipment.

On decommissioning and financial assurance, Harris recommended a surety equal to 125% of the estimated decommissioning cost, with periodic updates (every ten years) so restoration funds keep pace with inflation and changing equipment costs. He said the draft requires removal of installations that cease operation and that posted security should cover site restoration.

Members debated noise limits and enforcement. The Blandford draft includes a 60 dBA limit at the property line; some residents and members said that level is too permissive in rural areas and noted that measured sound near large systems can be substantially higher. Harris said numerical limits make enforcement and court review clearer but agreed the board may want to revisit that specification during public hearings because pre-construction noise testing is often impractical.

Harris reviewed administrative items including a recommended application fee and peer-review deposit schedule to cover town costs and explained that selection of peer reviewers is constrained by Chapter 44 §53G procedures. He proposed posting the revised draft online, returning to the draft in July for more edits and aiming for a public hearing this summer or early fall; town attorney review and an Attorney General review would follow the board's vote to place the bylaw on the town meeting warrant.

In other business the board approved payment of a legal advertisement invoice to the local paper related to a cell-tower notice. A member moved to pay the Gazette $282.40 (net after a credit); the motion was seconded and approved by voice vote. The board then adjourned.

The board asked Harris to prepare edits incorporating tonight’s direction (notably clarifying applicability for Tier 1 accessory systems, refining screening and setback language and adding clearer monitoring and emergency-plan requirements) and to post a revised draft for public review before the next round of meetings and a public hearing.