Somerset Zoning Board of Appeals - August 6, 2026

Aug 6, 2026 YouTube

The Somerset Zoning Board of Appeals held a continued public hearing for a commercial battery energy storage system (BESS) proposed by Somerset Energy Storage LLC (Flatiron Energy) at 1606 Riverside Avenue. The primary focus was on the legal classification of the project's use, public safety, and noise impacts. The board reviewed a memorandum from special counsel Arthur D. Frank, Jr., which argued that the BESS project is protected under the Dover Amendment (Mass General Law Chapter 40A, Section 3) as a solar energy system. Building Commissioner James Aguiar concurred, also suggesting the project could be considered an "electrical substation," a use allowed by right. Following discussion, the board voted to make a formal finding that the project falls under the Dover Amendment, which allows the board to regulate it based on public health, safety, and welfare. On public safety, Chair Stephen Catterett read an email from Police Chief William Tedford, who stated his department was satisfied with the project's security plans and requested access to surveillance cameras. Fire Chief Barrows then gave a detailed presentation on a multi-layered fire response plan developed with the applicant. The plan includes a remote-controlled "fire rover" system for cooling adjacent units without endangering personnel, redundant hydrant systems, and a three-tiered air quality monitoring system. A resident, Dr. Paul Healy, raised concerns about potential soil contamination and the need for proper personal protective equipment for first responders. The applicant's representative, Joe Capolino of BHB, presented a detailed noise assessment. The study, based on 29 years of weather data and modeling worst-case scenarios, concluded that the facility, with a proposed 24-foot sound wall, would comply with both town and MassDEP noise regulations. The largest projected increase was 8.5 dBA at night at a residential facade, below the 10 dBA state limit. The board requested a site visit to a similar facility and a visual mock-up of the sound wall. The hearing was continued to September 3rd, with the goal of having peer reviewer Jensen Hughes contracted by then.

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