SOUTHWICK — The Select Board postponed a decision on creating a committee to draft a bylaw for green energy systems requested by the Planning Board at its Aug. 17 meeting
One member seemed skeptical of the need for a new bylaw at all.
“What’s the goal of the committee?” Select Board member Russ Anderson asked Town Planner Alvin Allen, who, representing the Planning Board, formally requested that the Select Board create a “green energy bylaws committee” at the board’s meeting on Aug. 17.
Allen said that the town’s current zoning bylaws don’t address battery energy storage systems and the Planning Board wants to set up a committee to “work together with different town departments [and] have collaboration to put some sort of language together to address these issues.”
“Isn’t the state setting standards for the battery energy storage systems?” Anderson asked Allen, who answered, “yes.”
“But the town, if we have this committee and working with the [Pioneer Valley Planning Commission], if there’s any other concerns of the town, we may be able to beef it up with other provisions,” Allen said.
Chief Administrative Officer Nicole Parker confirmed that the state has issued a draft model bylaw for the town to use, but that the town should tailor it as it sees fit.
At the Planning Board’s last meeting, when discussing the committee, it was suggested that it be composed of one representative from each of the Select and Planning boards, a member of the Conservation Commission and a member of the Board of Health or the health director.
It was also suggested that representatives from the DPW, Fire Department and Building Department, along with two residents, be included on the committee for a total of nine members.
Anderson again questioned the need for the committee and then said that a nine-member committee might be too large.
“My fear on a committee would be [that] it’s just going to get slowed right down, especially a committee at 9,” Anderson said.
During its Dec. 1 meeting, the Select Board discussed a moratorium on battery energy storage systems and solar fields to be included as an article at the Special Town Meeting held in January. Anderson asked, using similar reasoning, whether the moratorium was necessary because the state has an existing permitting process for the systems.
“Don’t we already have those guidelines … either through local emergency [management], through fire permits or whatever … we have many of those things today,” he said at the December meeting. He and his fellow board members voted to approve the Planning Board’s request.
Anderson said at the Aug. 17 meeting that he “gets the idea” of creating the committee.
“ … but I don’t want to reinvent the wheel if we don’t have to,” Anderson said.
Allen said that was “understandable,” and the Planning Board recognized that other town departments, particularly the Board of Health, want to be involved in drafting the bylaw.
The Board of Health chair, Terry Putnam, chimed in on the discussion.
“There’s a lot more to this than zoning. Each town has their own [bylaws] depending on where the proposed site is. There are board of health issues. There are fire emergency services. So, it is important to do it,” she said.
Anderson said he understood her position.
“But, by the same token, the permitting process would make all of those parties review this as well … the permitting process I thought was designed to bring those parties to the table. There would be ample time, I would assume, to have input whether it be a fire or for a Board of Health issue or location. The permitting process, I thought, was designed to bring those parties to the table,” he said.
Putnam didn’t answer Anderson, but brought up that when the Planning Board, with the blessing of the Select Board, proposed the moratorium on the battery energy storage systems and solar fields, the Board of Health was not consulted.
“That’s why I would push that it be more than just a review because we have started our regulations,” Putnam said.
In July at the monthly meeting of the Board of Health, Mike Hugo, the director of policy & government affairs for the Massachusetts Association of Health Boards, made a presentation about the significant role boards of health have when siting a battery energy storage system.
As it relates to battery energy storage systems, “there is very strong case law that says a business has to yield to public health,” Hugo said.
It was based primarily on the noises a battery energy storage system generates, such as cooling fans, inverters and transformers, because “noise and sound are an exclusive Board of Health jurisdiction,” Hugo said.
The Board of Health began discussions in early August about its role if a battery energy storage system is proposed for the town.
Board member Douglas Moglin supported the creation of the committee.
“Whether it’s Conservation, Planning, Board of Health … and also DPW, fire and others that’ll be represented … [it will] make the job easier or reviewable when applications in front of them, I think it’s really important to get that done,” he said about the importance of having those departments involved in drafting the bylaw.
Anderson wasn’t convinced.
He was concerned that if the proposed bylaw, which must be adopted by Town Meeting, were implemented, what would happen if the DPW or the Conservation Commission had issues with a special permit application during the permitting process.
“Does the bylaw neutralize all of that and take that away from the independent boards? That’s a question,” Anderson said.
Moglin said he expects more than one bylaw drafted for the green energy systems.
Board member Joseph Deedy remained quiet until Moglin asked him his position.
Deedy supported forming the committee.
“We’ll see where it goes,” he said.
Moglin didn’t ask for a motion to create the committee.
“Why don’t we continue this to our next meeting?” Moglin asked.
