HADLEY — A stand-alone battery storage system proposed for a gravel pit on Breckenridge Road will not move forward after Hadley officials received a legal opinion stating that such a project is prohibited by town zoning.
The Planning Board voted unanimously on Tuesday to accept the withdrawal, without prejudice, of the application from Zero-Point Development of Worcester, in partnership with Eversource, for the 5-megawatt battery designed to store energy, including electricity produced by renewable sources. The battery would store produced energy during the day and release it at night when demand is typically higher.
While planners have previously allowed battery storage in conjunction with existing solar arrays, including near the Hampshire Mall, KP Law attorney Jeff Blake informed the town that the bylaw adopted at Town Meeting in May 2012 stipulates such projects are limited to their association with the creation or production of green energy. Planning Board Clerk William Dwyer said the board had received no complaints from nearby residents, or concerns about the project’s proximity to Zatyrka Park, but still couldn’t approve the plans.
“Conceptually, I don’t have a problem with it, but I defer to town counsel because it’s his opinion that you don’t fall under the definition in the bylaw,” Dwyer said.
Dwyer said he hopes to have revisions of the bylaw written at some point for voters to consider and, if the bylaw is changed, Zero-Point would be able to come back. If the plans are then refiled, the company would not have to pay a filing fee, but would have to cover the cost of legal advertisements and abutter notices.
Tom Corbett, handling the project on behalf of Zero-Point, told planners that he understood their predicament, though he noted that he has fully permitted stand-alone battery storage projects in Orange, Leominster and Southbridge.
In other business, planners agreed that Maple Valley’s Scoop at the Silos can have live entertainment at its 102 Mill Valley Road site every Saturday and Sunday from 2 to 6 p.m.
The approval means that owner Bruce Jenks can get an entertainment license from the Select Board to continue the activity that has been taking place the past two summers.
Jenks said the idea is to have entertainment to draw people to the ice cream stand and the Mill Valley Market based at the Fort River Farm.
“We’re just trying to keep the people there as long as possible,” Jenks said.
Jenks said in addition to the music, he borrows sheep and goats from a neighboring farm, and also has cows, chickens and barns people can interact with.
“The whole thing promotes what we’re doing at the farm and allows us to bring families there,” Jenks said.
The Planning Board also approved a sign for ZG Motors at 249 Russell St. Armani George, who runs the auto service and sales business, will also be allowed to have up to three cars for sale at a time, but not more than one car can be displayed facing Route 9.
No decision was made at a public hearing to review plans for Shattuck Road land owned by farmer Joe Czajkowski where a dual-use, 450-kilowatt solar array would be installed.
The hearing on these agrivoltaics, as they are known, will be continued to June 21, when approval for the project to put in 1,116 solar panels on 2.1 acres of farmland might be given. The plan is to have the panels installed in such a way that agricultural uses, including growing crops and raising chickens, can continue below them.
