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.
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?
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
Fire
Concern
Does Haverhill have the manpower or equipment to handle a battery fire if that should occur?
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?
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.
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.
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.
Groundwater, spills and decommissioning
Concern
Are there any setbacks to prevent pollution if a catastrophe should occur?
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.
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.
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.
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.
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.
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.
This site is not large enough for the proposed facility, it needing 20 acres where there are only 14 acres.
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.
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.
Farmland and wetlands
Concern
I believe that the proposed site on Hilldale Avenue is detrimental to existing farmland
Councilor Dan Diodati opposed having it in the Ward 2 area because of the agricultural land.
Answer
To mitigate the impacts of BESS on environmental resources such as agricultural lands, forests, wildlife, wetlands and other natural resources.
The hearing
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Tuesday, March 24, 2026
Filed for 14 days, with a Council hearing set for May 19
9 yeas, 0 nays, 1 absent, 1 abstention
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Tuesday, May 19, 2026
Continue to July 14, and send to the Planning and Development Committee
10 yeas, 0 nays, 1 absent
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Tuesday, July 14, 2026
Continue to August 259 yeas, 0 nays, 2 absent
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Tuesday, August 25, 2026
Continue to September 1510 yeas, 0 nays, 1 absent
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Tuesday, September 15, 2026
Continue to October 2711 yeas, 0 nays, 0 absent
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Wednesday, October 14, 2026
Planning Board public hearing -
Tuesday, October 27, 2026
This sitting
- Document # 21-B, with the record of continuances, PDF, one page, opens in a new tab
- Letter from Atty. Lisa Mead, City Solicitor, March 16, 2026, transmitting a revised BESS Zoning Ordinance, PDF, one page, opens in a new tab
- Proposed ordinance, §7.9 Battery Energy Storage Systems, PDF, fourteen pages, opens in a new tab
- Email from Joe Walsh, 26 Dawn Circle, opposing expansion of the BESS overlay into the Hilldale Avenue corridor, August 26, 2026, PDF, one page, opens in a new tab
- Email from Pamela J Carr, 60 Atlanta Street, opposing a battery farm on upper Hilldale Avenue, September 14, 2026, PDF, three pages, opens in a new tab
- Email from Diane Desjardins, 28 Country Meadow Road, opposing the overlay expansion, September 14, 2026, PDF, three pages, opens in a new tab
- Email from Joe Walsh, 26 Dawn Circle, requesting noise protections be added to the ordinance, September 14, 2026, PDF, one page, opens in a new tab
- The rest of the record, as the Council had it on 15 September