Duxbury is moving closer to establishing strict local controls over industrial battery installations as the Planning Board hammered out the specifics of a new three-tier Battery Energy Storage System (BESS) bylaw. Facing a landscape where state law increasingly favors renewable energy infrastructure, board members focused their Monday night session on securing financial and safety protections for the town. The emerging draft leans toward requiring 200-foot setbacks for larger installations and mandates that developers provide high-security financial assurances to ensure the town isn't left with the bill for future decommissioning.

Zoning Bylaw Subcommittee member Jim Lambert emphasized the urgency of the work, noting that a recent Land Court decision left the town vulnerable. The state has a very strong policy in favor of them, Lambert explained. It is very much in the town's interest to have a bylaw that protects the town to the extent state law allows. Right now we have no controls. The proposed bylaw categorizes systems into three tiers, ranging from residential units like the Tesla Powerwall to large-scale industrial arrays. For the most intensive Tier 3 projects, the board is considering a requirement for comprehensive environmental impact statements, though Member Matthew Ray raised concerns about how much leverage those reports actually provide. The results of an environmental impact statement give the town the right to deny a permit? Ray asked. They will not like anything that gives us discretion.

The financial side of the BESS bylaw sparked significant debate, particularly regarding how to ensure funds are available to remove the equipment 15 to 20 years from now. Member Steve Gandt advocated for high standards for any letters of credit provided by developers. The irrevocable standby letter of credit should also be evergreen, meaning it automatically renews, Gandt said, adding that the town should specify a US bank rated A- or better by major credit agencies. Member Lauren Sirois voiced concerns about the long-term volatility of removal costs, noting that 15 years from now, the cost to decommission it might not recover anything. To combat this, the board discussed requiring security equal to 125 percent of estimated costs, updated every three years to account for inflation.

Beyond new industrial regulations, the board spent considerable time navigating the implementation of the 2023 Comprehensive Plan. Chair Kristin Rappe suggested adopting a traffic light system—using red, yellow, and green indicators—to give the Selectboard a clear visual status of the more than 55 action items currently in progress. Fernando's request was, can we have like a traffic light? Rappe said. Visually, I get that. Member Tag Carpenter pushed for a more modernized approach to tracking these goals, expressing frustration with the current reliance on complex Excel files. How do you convey the difference between a tiny item that's 50% done and a giant thing that's 30% done? Carpenter asked. My suggestion is that we actually put this in a tool and stop throwing spreadsheets around.

Planning Director Matthew Heins, however, cautioned against adding layers of administrative overhead to the tracking process. I feel as though creating further ways of managing the data is just creating work for ourselves, Heins argued. It's better to just spend time reading the feedback and think about where we go. Despite the disagreement over the medium, the board, including Member Jennifer Turcotte, proceeded with a line-by-line review of priorities, noting that progress on climate vulnerability is ongoing, while updates to stormwater management were largely completed through previous bylaw revisions.

The board also tackled several residential applications that highlight the ongoing challenge of preserving Duxbury’s historic character while allowing for modern expansions on non-conforming lots. At 287 Marshall Street, architect Mr. Cummings presented a plan to save a historic home by adding a wraparound porch and relocating a garage. The project requires a special permit because a sliver of the garage and porch would extend 16 inches into the setback. Lindsay and Colin came to me and they wanted to save their existing home, Cummings said. The way it's structured, it makes sense to go into the setback with this garage just the smallest sliver. Member Lambert questioned why the project couldn't be designed as of right, but the board ultimately decided to move the case forward. Motion Made by S. Gandt to defer ZBA Case 2026-12 to the ZBA without comment. Motion Passed 5-0.

Other residential referrals followed a similar path of deferral to the Zoning Board of Appeals. At 125 Bow Street, an applicant sought a special permit for an illuminated wooden sign for a home business named Juplo, citing confusion between two driveways. I've requested it be illuminated so people can find the location basically because there is confusion about which driveway to use, the applicant explained. Motion Made by S. Gandt to defer ZBA Case 2026-09 to the ZBA without comment. Motion Passed 5-0. At Mayflower Road, applicant David Gouy detailed a plan for a two-story addition to accommodate a family of six currently sharing one bathroom. We meet all the setbacks from the lot line, Gouy noted, though the project requires a permit for increasing lot coverage to 18 percent. Motion Made by S. Gandt to defer the Mayflower Road case to the ZBA without comment. Motion Passed 5-0. Similarly, at 286 Enterprise Street, John Rockwood presented a plan to replace non-conforming sheds with a two-story addition. After talking with the Building Commissioner, we're able to use the existing sheds' non-conformity to get a special permit, Rockwood said. Motion Made by S. Gandt to defer ZBA Case 2026-14 to the ZBA without comment. Motion Passed 5-0.

The board briefly reviewed its current fee structure but ultimately followed Director Heins’ recommendation to keep all application fees at their current levels. Heins noted that a recent survey showed Duxbury is well-aligned with neighboring towns and that the revenue gain from a slight increase would likely be offset by the administrative cost of changing them. I would definitely recommend just leave them as they are, Heins said. The board also officially formalized its relationship with Jim Lambert, who has been an active participant in zoning work. Motion Made by S. Gandt to appoint Jim Lambert to the Zoning Bylaw Subcommittee. Motion Passed 5-0.

Finally, the board addressed an upcoming vacancy, with Heins reporting that only one formal application has been received for the open seat ahead of the May 22nd deadline. The board is looking to expand its outreach beyond the town website and Facebook, particularly after Lambert noted he is not a social media user. If you're going to put it anywhere I can read it, you've got to find it, Lambert said regarding the recruitment efforts.