Somerset Zoning Board of Appeals - August 6, 2026

Aug 6, 2026 YouTube

The Somerset Zoning Board of Appeals held a meeting on August 6, 2026, to continue the public hearing for a commercial battery energy storage system (BESS) proposed by Somerset Energy Storage LLC (Flatiron Energy) at 1606 Riverside Avenue. The board first addressed the legal classification of the project's use. Chairman Stephen Catterett read a memorandum from Special Counsel Arthur D. Frank, Jr., which concluded that the BESS project is protected under the Dover Amendment (Mass General Law Chapter 40A, Section 3) as a solar energy system, given its function of collecting, storing, and distributing energy. Building Commissioner James Aguiar concurred with this assessment and added that the use could also be considered an "electrical substation," which is allowed by right in the industrial district. Following this, the board voted to formally find that the project falls under the Dover Amendment exemption. The meeting then focused on public health, safety, and welfare. The chairman read an email from Police Chief William Tedford, who stated that the Somerset Police Department was satisfied with the applicant's security plans for both the construction and operational phases. Fire Chief Barrows then gave a detailed presentation on the comprehensive fire safety plan developed with Flatiron. He described a multi-layered approach featuring a remote-controlled Fire Rover system for cooling adjacent units and dispersing smoke, redundant hydrants with master streams, and a three-tiered air quality monitoring system, expressing his comfort with the applicant's responsiveness and the proposed safety measures. A resident, Dr. Paul Healy, raised concerns about potential soil contamination from the site's prior use for oil storage and runoff during a fire event. Finally, Joe Capolino of BHB presented an updated acoustical assessment for the project. The study, which modeled worst-case scenarios including 90% fan speed during daytime, concluded that the facility would comply with both Town of Somerset and MassDEP noise regulations. The highest projected noise increase was 8.5 dBA at night at a residential facade, which is below the 10 dBA MassDEP limit. The plan includes a 24-foot-high sound wall to mitigate noise, and the board requested a visual mock-up to better understand its visual impact. The hearing was continued to the next meeting scheduled for September 3rd, with the next step being to engage the peer reviewer, Jensen Hughes, to assess the safety and noise reports.

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