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BESS Bylaw Passes at October Special Town Meeting

Voters at the Oct. 20 Special Town Meeting amended the proposed battery storage bylaw from a 150-foot to a 300-foot setback, then passed it by a two-thirds majority and sent it to the state for review.

BESS Bylaw Passes at October Special Town Meeting
Pembroke Town Meeting, October 20, 2026. Photo courtesy The Local Seen

The Oct. 20 Special Town Meeting, lasting under 50 minutes, was, according to Town Moderator Stephen Dodge, one of the shortest in recent history. Six of the seven articles concerned transferring or raising funds, most passing unanimously with little debate.

On arrival residents were supplied with a large packet for Article 4, the new bylaw to regulate Battery Energy Storage Systems (BESS) in Pembroke. Alysha Siciliano-Perry, Planning Board member and part of the BESS bylaw committee, introduced the bylaw as creating "specific zoning standards for BESS systems. The goal is to establish clear, predictable local siting while recognizing the other state and local regulations that apply to these facilities." Siciliano-Perry emphasized if the bylaw did not pass or was rejected by the Massachusetts Attorney General (AG), the town would not have a BESS-specific bylaw and that existing zoning setbacks could be substantially less protective than the 150-foot setback proposed. The next opportunity to vote on an amended bylaw would be in six months at Annual Town Meeting.

Resident Susan Bollinger, who was also on the BESS bylaw committee, stepped up and proposed an amendment to the bylaw which changed the setback buffer from 150 feet to 300 feet. She said, "I think it's important to have that safety [300-foot buffer] for residents". She suggested that the attorney general may strike parts of the law that are objectionable but leave the remainder.

Later in the debate, town counsel Michele Randazzo weighed in, "As has been mentioned, the state's model bylaw has 50-foot set back; it's a big jump between 50 feet and 300 feet. While we can't guarantee how the AG will look at that, if they view a 300-foot setback as effectively prohibiting the siting of any BESS facilities, then they may end up disapproving the bylaw in its entirety."

Ultimately, those in attendance decided to adopt the 300-foot setback amendment and then pass the bylaw by two-thirds majority to send it on to the state.

Carolyn Cleary

Carolyn Cleary

Carolyn Clearly is a member of our Editorial Board and occasional contributor.

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