58 Proposed Zoning Changes Sidelined as Duxbury Planners Prioritize High-Tech Battery Storage Regulations
Key Points
- Zoning recodification withdrawn from the 2026 town warrant to allow for more board review
- Battery Energy Storage Systems (BESS) bylaw noise and safety requirements debated
- Keen Street residents raise traffic safety concerns over the Evelyn's Way subdivision
- Duxbury Planners advocate for shared septic systems on the Temple Street 40B project
- Ocean Road South residence to be elevated on piles for FEMA compliance
- Board shifts BESS facility areas away from residential centers on zoning map
The Duxbury Planning Board pivoted its priorities on Monday night, voting unanimously to pull a years-long zoning recodification effort from the upcoming town warrant to focus on the regulation of Battery Energy Storage Systems (BESS). Kristin Rappe led the decision to delay the recodification, emphasizing the board's need for a deeper review to ensure community trust. "We want to make sure that we are transparent and we have traceability as to all the work that was done," Rappe stated. Jim Lambert, representing the zoning working group, clarified that the current draft includes 58 distinct updates ranging from agency name changes to modernized usage tables, though board members expressed concern that the "reorganization" had become too substantive. Tag Carpenter argued that "what we have in hand today is much more than a recodification because it includes legal standardization," suggesting that such changes require more testing before adoption. Motion Made by Tag Carpenter to direct the Planning Director to inform the Selectboard that the Planning Board no longer intends to proceed with the zoning recodification at the next annual town meeting. Motion Passed 5-0.
The board then shifted to a robust debate over a proposed BESS bylaw, weighing industrial needs against residential character. Wayne Dennison took a firm stance on protecting neighborhoods, asserting, "I don’t want to see some physical portion of the facility on any portion of the property that is otherwise not zoned for BESS." Resident Kim McNe urged the board to adopt a strict noise standard, suggesting that sound sources should be considered in violation if they "increase sound levels by more than 10 decibels above ambient conditions." Board members Steve Gandt and Matthew Ray scrutinized the proposed zoning maps and technical thresholds, with Steve Gandt noting that "there is an awful lot of color on this map" currently allowing facilities in residential areas. Matthew Ray questioned if the threshold for systems allowed by right should be "100 kilowatt hours or fewer." Lauren Sirois observed that many proposed areas are concentrated on town borders due to aquifer protections, while Jennifer Turcotte noted earlier in the meeting that she had "nothing on the earlier line" regarding previous administrative minutes. Wendel Cerne, Chair of the Alternative Energy Committee, cautioned the board against overly restrictive policies, stating, "we shouldn't be making decisions based upon fear, but rather on facts."
In development news, the board held a public hearing for the two-lot Evelyn’s Way subdivision on Keen Street. Resident Ken Shine, who has lived across from the site for 41 years, warned that the road’s narrow width and a blind "hump" create a "three-second delay" in visibility for drivers. Mark Casey, the project’s engineer, explained that the design utilizes "ductile iron pipe which is rated for bridge lane loading" to manage drainage with minimal cover. Peer review engineer Pat Brennan recommended that the board require "well-flow and water quality tests" to ensure the new lots have potable water. Motion Made by Kristin Rappe to continue the public hearing for Evelyn’s Way to January 26. Motion Passed 5-0. Earlier, the board also acted as a consultant for a 40B project on Temple Street, where developer Salem Pador confirmed they are "exploring the feasibility" of shared septic systems. Motion Made by Kristin Rappe to defer the Temple Street 40B comprehensive permit application. Motion Passed 5-0. For a separate project on Ocean Road South, Rockwood Design’s Farley Tobias presented plans to lift a house onto piles to reach FEMA code, noting it is a "very difficult lot" due to numerous easements. Motion Made by Kristin Rappe to defer the 23 Ocean Road South special permit application to the Zoning Board of Appeals. Motion Passed 5-0.