The Duxbury Planning Board effectively stalled a proposed zoning bylaw for Battery Energy Storage Systems (BESS) Monday night, voting unanimously to recommend the article be indefinitely postponed at the upcoming Town Meeting. The decision followed a wave of public testimony from residents who argued the current draft lacks sufficient safety protocols, noise limits, and decommissioning protections for the community.

The move comes after the Finance Committee recently voted 5-2 against the article. Planning Director Matthew Heins explained that an indefinite postponement would allow the town to avoid a vote on the merits of the current draft while leaders further refine the language. Resident Ann Malowins, who cited 18 years of experience in emergency response for MassDEP, told the board that the bylaw contains too many holes, specifically regarding the authority of emergency officials. It should require active approval from the Fire Chief, Police Chief, and Board of Health, Malowins said, noting that the current draft only assumes approval if a chief fails to comment. She also raised concerns about noise levels equivalent to a refrigerator at your property line 24/7 and a lack of specific bond amounts for decommissioning.

James Lambert echoed the opposition, arguing that the bylaw’s current structure unfairly concentrated the risks of battery installations. It is fundamentally unfair to those in the Business and Planned Development districts to tell them they have to carry the risk and burden for the entire town, Lambert said. Resident Peter Malowins urged the board to resist pressure to pass the measure quickly. You can't just rubber-stamp stuff through because somebody says you have to, he said. Lithium is a real problem and cleanups are going to be a disaster.

Member Jennifer Turcotte initiated the formal recommendation to shelf the measure. Motion Made by J. Turcotte to indefinitely postpone the BESS zoning bylaw article. Motion Passed (4-0-0). Following the vote, Motion Made by T. Carpenter to close the public hearing for the BESS Zoning Bylaw. Motion Passed (4-0-0).

In other business, the board turned its attention to the preservation of the town’s architectural history, recommending the expansion of the Powder Point Local Historic District to include the Christian House at 324 Powder Point Avenue. Edwin Walker of the Historical District Commission described the home as a unique blend of craftsman and Queen Anne styles representing Duxbury’s comeback era. Waterfront property is in dire straits with so many tear-downs, Walker warned. This is the only way to protect our town. Chair Kristin Rappe questioned if recent alterations, such as lifting the house for a new basement, impacted its historical value, but Walker clarified the commission supports appropriate changes that allow residents to enjoy their homes rather than treating them as museums. Motion Made by T. Carpenter to recommend the property for inclusion in the Powder Point Local Historic District. Motion Passed (4-0-0).

A group of homeowners from McFarland Farms appeared before the board seeking the release of performance security funds after the neighborhood developer failed to complete road work. Residents John Waldo and Jensen Sagali reported that they have already spent more than $23,000 of their own money to pave the road and prevent the sub-layer from deteriorating. While Waldo presented a signed release from the developer assigning the rights to the surety funds to the Homeowners Association (HOA), Director Heins noted that legal hurdles remain. It's not clear to me if Town Counsel is going to state that we actually can release the funds to the HOA, Heins said, citing potential complications in municipal law. The matter was referred to Town Counsel Amy Kwesell for a formal opinion.

The board also moved to simplify the town’s complex zoning recodification project. To ensure the measure passes at Town Meeting, the board agreed to keep the changes strictly structural with zero substantive policy shifts. Member Matthew Ray, speaking from his professional background, offered specific guidance on the document’s layout. As an attorney who reads zoning codes as part of my everyday job: keep the definitions at the front. Don't italicize, Ray said. Motion Made by K. Rappe to form a working group consisting of T. Carpenter, S. Gandt, and K. Rappe to coordinate the recodification with consultants. Motion Passed by Consensus.

Finally, the board acted as a referral body for a signage request at Trout Farm. A representative for the neighborhood’s sign committee noted that a graphic designer from Stonehill College hand-replicated the community’s logo for a new two-sided sign. The project includes a color-coded kiosk map to help emergency services navigate the neighborhood’s loops. Motion Made by T. Carpenter to refer ZBA Case 2026-1 to the Zoning Board of Appeals with a recommendation for approval. Motion Passed (4-0-0).