Concerns over emergency access and toxic plumes led the Zoning Board of Appeals to stall a controversial 24-megawatt-hour battery energy storage system (BESS) planned for 48 Schoosett Street. In a unanimous decision Monday night, the board opted to send the project back to the Planning Board, citing significant life safety risks raised by the Fire Department. The move follows months of resident opposition led by Susan Ballinger, who argued the industrial-scale facility does not belong in a residential corridor. This is a standalone principal industrial use, Ballinger told the board, asserting that the Planning Board exceeded its authority by granting site plan approval for a project she claims is not a permitted use. These systems can enter thermal runaway and produce toxic gases.

The turning point in the hearing came from Fire Chief Jason, who expressed grave doubts about the current site plan. The Chief noted that the department has not received the requested site-specific plume analysis or water flow data required to fight a potential 12-hour fire. With what I know today, I would not be able to grant a permit for that site, Chief Jason stated, explaining that the single access road prevents crews from achieving 360-degree coverage. I haven't seen a site where we can't access three sides adequately. If the smoke shifts, we have nowhere to retreat. Board member D. Lee questioned the quality of the information provided to date, asking, Did you have specific concerns with the content in the generic plans? to which the Chief responded that the lack of site-specific details was the primary hurdle.

Representatives for Palmer Management Corp. argued that the facility is a protected use under state law and that detailed safety studies are typically completed after zoning approval but before building permits are issued. Counsel Tad Heuer argued that the Land Court has previously defined BESS as a solar energy system protected by Chapter 40A Section 3. The question is whether the town has unreasonably restricted the use, Heuer said. The permit hasn't been applied for yet because you don't apply for secondary permits until you know the use is allowed. L. Meyer added that the project is working to fulfill the Planning Board's 15 conditions. However, Vice Chair C. McGrail pushed back on the delay in providing safety data. I disagree with the fact that the Fire Department isn't important enough for you to give this information now rather than later, McGrail said. If you want this bad enough, why haven't you provided anything to put this room at ease?

Following testimony from fire consultant Jay, who admitted the team is still working to update the site plan for access, and resident John Peterelli, who argued the board was not as limited as the applicant suggested, the board moved to halt the current appeal process. Motion Made by C. McGrail to remand the decision to the Planning Board for a more thorough site-specific life safety concerns review for Case 9-25. Motion Passed (3-0-0). Member R. MacDonald asked how the applicant connects the proposal to solar definitions, while town counsel A. Weight noted that while the use is generally protected, there is no protection for projects where there is a substantial life safety concern.

In a separate matter, the board addressed long-standing neighborhood complaints regarding 520 Washington Street, a multi-tenant industrial building. Residents of nearby Newbury Drive and Bagel Drive described a harrowing environment of gasoline fumes, vibrating units, and 5:00 AM noise. My entire unit vibrates when the landscape trucks go by, said N. Mazzar, president of the 17 Newbury Drive association. Property owner R. Basheri defended the site, noting it has a commercial occupancy approval and that sometimes we work late on antique cars, but his attorney, B. Tumbari, expressed a willingness to restrict hours. We are sensitive to the abutters, Tumbari noted. C. McGrail remained firm on enforcement, stating, The cease and desist is in effect, but people are there all the time... If you want guidelines, you have to adhere to the ones already given.

The board ultimately voted to modify the existing cease and desist order with strict new operating parameters to protect the neighborhood. Motion Made by D. Lee to enter a decision on Case 7-26 whereby hours of operation are Monday through Friday 7:00 AM to 7:00 PM, Saturday 7:00 AM to 3:00 PM, and Sunday no work that generates noise. After 5:00 PM on weekdays, all work must be indoors with doors closed. No idling of vehicles for more than 5 minutes, though landscapers may start trucks at 6:30 AM if they depart immediately. No light pollution emitted beyond property lines. The owner must provide a contact representative to the Building Department. Motion Passed (3-0-0).