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Battery Energy Storage Systems Ordinance

Project Battery Energy Storage Systems Ordinance

Doc 21-B - Planning Director, Jacki Byerley, requests a hearing for the following Zoning Amendment – Battery Energy Storage Systems Ordinance: re: Amend Chapter 255 Zoning Ordinance and Zoning Map – Battery Energy Storage Systems Overlay District (BESS)– by inserting a new section 7.9 Battery Energy Storage Systems, amending section 3.1.3 Table of Use and Parking regulations by allowing a Tier 1, Tier 2 and Tier 3 BESS and amending the Zoning Map to include the BESS Overlay District. The overlay district will be creating regulations for the installation and use of free-standing battery energy storage systems (“BESS”), adding to the table the overlay district with the allowed Tiers and updating the zoning map to include the BESS Overlay District, or take any other action related to

The Hilldale Avenue location the Planning and Development Committee recommended for this overlay district is before the Council tonight as Doc. 41-B.


Concerns raised in correspondence, and the answers to them

Where the overlay district goes

Concern

During the upcoming September 15 public hearing, I strongly urge the City Council to restrict the BESS overlay district strictly to isolated locations in Haverhill - or none at all. Please do not establish secondary zones or expand definitions that allow these industrial utility installations near established residential areas like Hilldale Avenue and Dawn Circle. Our neighborhood has already given enough.

Joe Walsh, 26 Dawn Circle, August 26, 2026, PDF, opens in a new tab

My first question is, why does Haverhill need to allow a Battery Farm in our city?

How was it determined that Hilldale Ave ranked the highest?

Pamela J. Carr, 60 Atlanta Street, August 31, 2026, forwarded September 14, 2026, PDF, opens in a new tab

This facility was first proposed on land where Dutton Airport was once located, a spot which was fairly remote from houses and businesses.

A site in Bradford was also proposed. It was decided that since there is farmland nearby, it would not be a good place for this facility. Then Hilldale Ave was proposed.

Diane Desjardins, 28 Country Meadow Road, September 14, 2026, PDF, opens in a new tab

Answer

Nothing in the ordinance says where the overlay goes. It allows Tier 2 and Tier 3 BESS in the BESS Overlay District and in no other district in the table of uses. The Hilldale Avenue location is Doc. 41-B, linked above.

Noise

Concern

BESS installations rely on heavy-duty, continuous HVAC cooling systems and inverters that generate a persistent, low-frequency hum. Introducing a BESS facility or expanded industrial utility footprint right around the corner from our homes will make the noise levels in our neighborhood completely unbearable.

Joe Walsh, 26 Dawn Circle, August 26, 2026, PDF, opens in a new tab

Require a mandatory, continuous 7-day sound monitoring study—including specialized nighttime metrics (L90 tracking between 1:00 AM and 4:00 AM)—at the nearest residential property lines before a site plan can be approved.

Joe Walsh, 26 Dawn Circle, September 14, 2026, asking for amendments, PDF, opens in a new tab

Answer

No system shall cause an increase in acoustical levels over ambient at the Property line. An acoustical study prepared by a Massachusetts Registered Acoustical Engineer shall be provided.

Proposed ordinance, § 7.9.6.2 O, Acoustical Impacts, PDF, opens in a new tab

The project appropriately attenuates sound intrusion beyond the property lines onto adjacent properties so that there is no change in ambient sound after construction and during operations of the system.

Proposed ordinance, § 7.9.6.3 B, the special permit criteria, PDF, opens in a new tab

There shall be an annual; acoustical review to assure ongoing compliance with the requirement of no change from ambient at the property line and fire department inspection.

Proposed ordinance, § 7.9.7 G, Operation and Maintenance Manual, PDF, opens in a new tab

Traffic

Concern

The existing industrial operations, the massive solar farm right behind my house, heavy traffic - including truck "Jake braking"- noises from the trucking school, are already directly impacting my daily quality of life.

Joe Walsh, 26 Dawn Circle, August 26, 2026, PDF, opens in a new tab

Our roads in this area are taking a beating.

I not only have to deal with the traffic issues these tractor trailer trucks cause during all hours of the day, but I also deal with police, ambulance and fire coming to my neighborhood on a fairly frequent basis

Pamela J. Carr, 60 Atlanta Street, August 31, 2026, forwarded September 14, 2026, PDF, opens in a new tab

Upper Hilldale already has a plethora of industrial and commercial businesses, causing high levels of truck traffic, with NETTS trucks, Republic waste trucks, and numerous tractor trailer trucks parking trailers in large paved lots.

Diane Desjardins, 28 Country Meadow Road, September 14, 2026, PDF, opens in a new tab

Answer

A report on existing street capacities, estimated average daily traffic generation, composition, peak hour levels and directional flows resulting from the proposed development, proposed methods to mitigate the estimated traffic impact and methodology and sources used to derive existing data and estimations.

Proposed ordinance, § 7.9.7 K.2 k, Traffic impact, PDF, opens in a new tab

Fire

Concern

Does Haverhill have the manpower or equipment to handle a battery fire if that should occur?

Pamela J. Carr, 60 Atlanta Street, August 31, 2026, forwarded September 14, 2026, PDF, opens in a new tab

Does our fire department have the equipment needed should this facility have a fire? Are our firefighters trained in fighting this type of fire? Do we even have enough equipment and personnel?

Diane Desjardins, 28 Country Meadow Road, September 14, 2026, PDF, opens in a new tab

Answer

Such plan shall document and verify that the system and its associated controls and safety systems are in compliance with state codes, including documentation that BESS components comply with the safety standards set forth in subsection 7.9.9. Such plan shall also include a detailed training plan for public safety personnel.

Proposed ordinance, § 7.9.7 F, Fire Safety Compliance Plan, PDF, opens in a new tab

An Emergency Operations Plan compliant with NFPA 855 is required. A copy of the approved Emergency Operations Plan shall be given to the system operator, the local fire department, local fire code official and police department.

Proposed ordinance, § 7.9.7 J, Emergency Operations Plan, PDF, opens in a new tab

The Applicant shall present evidence including a hydraulic analysis in accordance to the City standard to support that there is adequate volume and pressure for fire suppression on the Property and not have a detrimental impact on the surrounding neighborhood.

Proposed ordinance, § 7.9.6.2 P, Water Source, PDF, opens in a new tab

Groundwater, spills and decommissioning

Concern

Are there any setbacks to prevent pollution if a catastrophe should occur?

Pamela J. Carr, 60 Atlanta Street, August 31, 2026, forwarded September 14, 2026, PDF, opens in a new tab

I do not believe that enough research has been done with regard to storage of such volatile material, as well as impact to groundwater, Little River, and our natural resources.

Diane Desjardins, 28 Country Meadow Road, August 31, 2026, forwarded September 14, 2026, PDF, opens in a new tab

If they are just going to be large metal containers placed on a cement pad what is to stop this from perhaps becoming a Superfund Site in the future due to inadequate knowledge of long term effects or lack of proper maintenance.

Diane Desjardins, 28 Country Meadow Road, September 14, 2026, PDF, opens in a new tab

Answer

All Tier 2 and Tier 3 BESS shall include an impenetrable layer beneath the surface and no closer than four (4) feet to the closest water table which will cause any discharge to flow into a basin located on site which will then capture and/or treat any runoff as a result of a failed battery or fire or other destruction.

Proposed ordinance, § 7.9.6.2 L, Failure Protection, PDF, opens in a new tab

The project protects the ground water and surrounding properties from catastrophic failure of one or more of the batteries or cells by implementing appropriate catchment and filtration systems for water run off or run off from the system.

Proposed ordinance, § 7.9.6.3 A, the special permit criteria, PDF, opens in a new tab

The owner and/or operator of the energy storage system, shall continuously maintain a fund or other surety acceptable to the City, in a form approved by the City Council and City Solicitor, for the removal of the BESS, in an amount to be determined by the City, and which includes the City as loss payee, for the period of the life of the facility.

Proposed ordinance, § 7.9.6.2 S, Decommissioning Fund, PDF, opens in a new tab

Size of the site and distance from homes

Concern

Now, learning that I may have a 14+ acre battery farm in my back yard is more than I want to think about.

Pamela J. Carr, 60 Atlanta Street, August 31, 2026, forwarded September 14, 2026, PDF, opens in a new tab

This site is not large enough for the proposed facility, it needing 20 acres where there are only 14 acres.

Diane Desjardins, 28 Country Meadow Road, September 14, 2026, PDF, opens in a new tab

Answer

Tier 2 and Tier 3 BESS shall be set back a minimum of 150 feet from all side, rear, and front lot lines; except that Tier 2 and Tier 3 BESS shall be set back a minimum of 300 feet from side, rear, and front lot lines that abut or are across a street from residential zoning districts or existing single, two-family, or multi-family structures.

Proposed ordinance, § 7.9.6.2 F, Setbacks, PDF, opens in a new tab

The minimum lot size for Tier 1 BESS shall not be less than 1 acre. The minimum lot size for a Tier 2 BESS shall be not less than 10 acres and the minimum lot size for a Tier 3 BESS shall be no less than 20.

Proposed ordinance, § 7.9.6.2 H, Lot Size, PDF, opens in a new tab

Farmland and wetlands

Concern

I believe that the proposed site on Hilldale Avenue is detrimental to existing farmland

Diane Desjardins, 28 Country Meadow Road, September 14, 2026, PDF, opens in a new tab

Councilor Dan Diodati opposed having it in the Ward 2 area because of the agricultural land.

Pamela J. Carr, 60 Atlanta Street, August 31, 2026, forwarded September 14, 2026, PDF, opens in a new tab

Answer

To mitigate the impacts of BESS on environmental resources such as agricultural lands, forests, wildlife, wetlands and other natural resources.

Proposed ordinance, § 7.9.1 C, the purpose of the section, PDF, opens in a new tab

The hearing

  1. Tuesday, March 24, 2026

    Filed for 14 days, with a Council hearing set for May 19

    9 yeas, 0 nays, 1 absent, 1 abstention

  2. Tuesday, May 19, 2026

    Continue to July 14, and send to the Planning and Development Committee

    10 yeas, 0 nays, 1 absent

  3. Tuesday, July 14, 2026

    Continue to August 25

    9 yeas, 0 nays, 2 absent

  4. Tuesday, August 25, 2026

    Continue to September 15

    10 yeas, 0 nays, 1 absent

  5. Tuesday, September 15, 2026

    Continue to October 27

    11 yeas, 0 nays, 0 absent

  6. Wednesday, October 14, 2026

    Planning Board public hearing
  7. Tuesday, October 27, 2026

    This sitting


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