The Duxbury Finance Committee delivered a major setback to town planning efforts on Tuesday, failing to recommend a proposed Battery Energy Storage Systems (BESS) bylaw that officials warned is necessary to protect the town from unregulated commercial development. The decision comes as the town grapples with the fallout of Storm Fernando and a sudden infrastructure failure on Landing Road, highlighting a mounting infrastructure cliff frequently discussed by town leaders.

Town Planner Matthew Heins presented Article 18 as a defensive measure following a controversial battery project proposed for West Street that resulted in litigation losses for the town. Heins explained that the court determined a BESS project could be built almost anywhere in town and that the new zoning would restrict such facilities to Planned Development and Neighborhood Business zones. Without this bylaw, we are allowing them in 99% of the town, Heins warned, noting that the regulations were modeled after state-approved standards in West Newbury.

However, the committee expressed deep skepticism over the amount of land being opened to these commercial projects. Member Kathleen Glynn voiced strong opposition to the scope of the proposal. I find it unbelievable that we're trying to zone 10% of the town for battery storage when we only allow 3% for commercial use like a dress shop, Glynn said. Member Charles Weilbrenner shared the sentiment, stating, I am tired of things being handed to us because the judicial system says it's wide open. Maybe it's time we legally say 'not here'.

Support for the measure was limited. Member Jackson Kent, who clarified that the bylaw would not impact household backup batteries or electric vehicles, noted that electric vehicles that exceed 100 kilowatts would fall under this, and they do not. Member Al Hoban compared the situation to past zoning struggles, remarking, This isn't much different than when we dealt with cannabis dispensaries. If we didn't have a specific spot, they could have gone wherever. Despite these arguments, the committee voted against the article, leaving the town’s zoning vulnerabilities unaddressed. Motion Made by J. Kent to approve Article 18, New Section 622, Battery Energy Storage Systems. Motion Failed (2-5-1), with Members Sullivan, Flynn, Weilbrenner, Glynn, and Weiler in opposition and Member Maher abstaining.

The meeting shifted to immediate fiscal concerns as Finance Director Mary MacKinnon revealed a significant sewer breach discovered Tuesday morning on Landing Road. The emergency repair requires hiring outside contractors, further straining a reserve fund that had already been tapped for safety improvements. Chair Betsy Sullivan used the incident to criticize the town’s history of deferred maintenance. This is the outcome when we cut back on maintenance, Sullivan said. You can't kick a broken sewer pipe down the road.

The financial news was further complicated by the lingering costs of Storm Fernando. MacKinnon reported that the snow and ice deficit has grown so large that the town will likely need to divert $653,000 originally intended for the Stabilization fund to cover the gap. While the town is seeking MIMA and FEMA relief, MacKinnon noted that reimbursements take significant time. Member Theodore Flynn questioned the status of federal aid, asking, Are these FEMA funds already budgeted or do they require a disaster declaration? MacKinnon clarified that the state can apply for relief under the Stafford Act during statewide emergencies.

One bright spot in the budget update was the Miramar property, which recently transitioned to the tax rolls following its sale. MacKinnon reported the town has already issued a $36,000 proforma bill through June, and expects the property to generate between $87,000 and $88,000 in annual tax revenue starting July 1.

The committee also moved to finalize Article 4, which covers salaries for 115 non-union employees. HR Director Jeannie Horn presented a 2.25% general increase, though internal equity adjustments for pay compression will result in a total budget line increase of 2.59%. We are not recommending a merit adjustment this year given the financial challenges we face, Horn said, referencing the ongoing fiscal constraints surrounding the FY27 budget. The total net cost to the general fund for these adjustments is $152,652. Motion Made by F. Weiler to approve Article 4 in the amount of $152,652. Motion Passed (7-0-1) with Member Maher abstaining. Member Mark Hokanson was present for the BESS discussion but departed the meeting prior to the salary vote.