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Select Board told BESS use is permitted by‑right; conservation gave tree and stormwater approvals
Summary
Town staff told the Select Board the battery project is an 'as‑of‑right' use in the industrial zone and therefore does not require a special permit from the planning board; conservation commission issued tree‑clearing and stormwater approvals that were noted during the presentation.
Town staff told the board the River Mill battery storage use is permitted by‑right under local industrial zoning, meaning the Select Board does not have a special permit role for the underlying use. "This is a use that's permitted by right under our zoning by law, which means that there's no use special permit," the staff member said. The developer noted it had gone before the conservation commission, which issued the tree‑clearing and stormwater permits noted in the presentation.
Board members sought clarity on local touch points and enforcement: staff said the conservation commission approvals were the primary local permitting steps taken to date, while state fire code and NFPA standards apply for safety and are enforced by the authority having jurisdiction (the fire marshal). Because the use is allowed by zoning, the developer said it engaged the town and public safety as a courtesy and to coordinate ERP/HMA and other requirements before construction.
