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The new overlay district restricts where large battery arrays can be sited.

Pittsfield Council OKs Battery Energy Storage Regulations

By Brittany PolitoiBerkshires Staff
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PITTSFIELD, Mass. — The city planner says battery energy storage guidelines will protect the land and residents and councilors agree.

The City Council approved Tuesday a proposal to add a battery energy storage system overlay, or BESS, district.

City Planner Jacinta Williams said the district "seeks to protect the health, safety, and well-being of Pittsfield while allowing for responsible growth and development. ...

"Essentially, battery energy storage systems are just that. Storage systems that use batteries to store and distribute energy in the form of electricity for later use."

This provides regulatory procedures for BESS and BESS facilities, outlines the application process for site plan approval and special permit applications, specifies which districts are comparable with the use, discusses site requirements for each district where it is permitted, and requires that interested departments respond with comments and concerns within 14 days of the application.

It includes guidelines for residential-scale, small-scale, and commercial/industrial-scale BESS that fall within the boundaries of the overlay district. In the proposed ordinance, the infrastructure is not allowed in various places such as flood hazard zones, parks and open spaces, historical or indigenous land, and conservation areas.

"The overlay district that's being proposed, it is basically the industrial zoning district plus a 10th of a mile buffer zone and so if you want to know what a 10th of a mile is, that's about 528 feet or 176 yards and to answer a lot of the questions that a lot of residents have or had throughout these last couple of days, if your home has the unfortunate circumstance of being surrounded by industrial zones, which some people do, your home is protected," Williams explained.

"Let me put it this way: developers will not be able to put their large-scale battery energy storage systems next to your home. They are prohibited in residential zones and they are also prohibited from being in that tenth-of-mile buffer zone so residents are protected."

Currently, three developers are looking at parcels for BESS systems: one on Eagle's Nest Road near Kirvin Park, one on Williams Street, and another near the House of Corrections.

Williams said these are "not completely in the works" and would still have to go through the special permit process.

"But without this amendment, this developer would not have to adhere to any of the regulations that are proposed this evening. So they could put whatever they wanted there. They could do whatever they want, essentially. They don't have to have any restrictions because that part of the ordinance does not regulate very much so this is why what I'm proposing tonight is I think so essential," she cautioned.

"It's an amendment that is protecting Pittsfield's most valuable resources: its people and its land. And it's not saying 'no' to alternative energy, it's just saying 'This is how we would like to do it,' and of course, like all amendments, it's a living document. As we move forward with it and as we see how it plays out in the real world with real-world situations, we can always come back and amend it. We can always change it as the technology advances and as we learn more about how and where we'd like to see these in our community."



Commercial and industrial-scale facilities are prohibited from using ion batteries in the guidelines because of their high volatility and the heat that is generated if they are on fire.

"I have just decided that lithium-ion batteries are not allowed in the city of Pittsfield if you have a large commercial industrial scale facility," Williams said.

"They are developers, they're tech companies. As I keep telling them 'You're a tech company, innovate, figure it out.' Essentially you are allowed to come here but you are going to have to find another way to do what you're trying to do. So they are not allowed in commercial and industrial scale facilities and they are all relegated to the overlay district and the industrial zoning district."

She later explained that this was added to the document after residents came forward with concerns about this type of battery near their homes.

Berkshire Environmental Action Team Executive Director Jane Winn pointed out that lithium-ion batteries are the most popular and worry her less than fossil fuels.

"I am much more worried about natural gas explosions. I'm more worried about kids getting asthma from natural gas. I'm worried about the fact that I have CO2 detectors in my house because I have an oil furnace and it's a real risk for any of us," she said.

"So I'm less worried about lithium-ion than [Williams] is, specifically because right now that is the battery that is most commonly deployed. I agree we should be encouraging other forms of batteries but I think we ought to think carefully about banning them."

The special permit for BESS systems will be handled by the Community Development Board after being signed off by all of the appropriate departments.

Councilor at Large Earl Persip III would like to see a future amendment that requires the council to make the final approval for the permit.

"I'm still going to vote for this tonight but I find it interesting in Pittsfield, you need a special permit from the City Council to put a drive-through in and you don't need one for battery storage or other things or cell phone towers," he said.

"I think it's best when we're the second process and that is because we are elected by the residents and we listen to them a lot more than other boards and commissions do at times."


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Two Men Found Guilty of Marijuana Trafficking

PITTSFIELD, Mass. — On Monday, May 6, Yebin Mai, 32 of Staten Island, NY and Dem Wu, age 52 of Staten Island, NY, were found guilty by jury of their peers in Berkshire Superior Court.
 
Yebin Mai was found guilty of two charges: Marijuana Trafficking in 100 pounds or more but less than 2,000 pounds and Witness Intimidation. Dem Wu was found guilty of Marijuana Trafficking in 100 pounds or more but less than 2,000 pounds.
 
According to a report, on July 30, 2020, State Police responded to a request for assistance from the Eversource Electric Company. The emergency dispatcher stated that two Eversource linemen were attempting to fix an electrical problem when they had a confrontation with individuals at 72 Jackson Road, Savoy. The residence belonged to Bin Huang after he purchased it in 2017 for $200,000 cash.
 
When state troopers arrived, the linemen stated that they responded to a report from a resident at 72 Jackson Road, Savoy claiming that power was fluctuating. When the linemen arrived at the house, they observed severely damaged wires and insulators leading from the roadside poles to the residence. When the Eversource linemen approached the house a man came out to meet them. The man, later identified as Yebin Mai, spoke limited English; therefore, communication between the Eversource linemen and resident became difficult. The linemen tried to explain that they would need to turn the power off to conduct a safety check of the electric meter and surrounding electrical connections. Mai became agitated. He handed the linemen an envelope filled with money later determined to be $600. The linemen attempted to return the envelope multiple times, but Mai would not take it. The linemen decided to leave the property. They called the police and waited for them to arrive, stated a report.
 
A trooper and Eversource supervisor arrived on the road at the end of 72 Jackson Road's driveway. A short time later, Mai drove down the driveway and attempted to leave in a pick-up truck with New York plates. There were two other passengers in the truck, including Dem Wu.
 
The trooper instructed Mai to stop and turn off the truck which he obeyed. All the individuals returned to the residence so the linemen could complete their inspection.
 
In a police report, the following items were observed at and around the house:
  • 4 separate electrical meters in poorly constructed boxes on the side of the house
  • Some melted wires and metal around the meter boxes (believed to be due to an excessive amount of energy being drawn through the wires)
  • Evidence of a small fire around one of the meter boxes
  • A smell of fresh grown marijuana (which grew once power was cut to the house and fans in the residence stopped running)
  • The sound of multiple fans inside the residence with no visible air ventilation system on the outside of the house
  • Windows with curtains drawn and boarded shut
  • A backyard covered in debris from a renovation, green planning pots, and large florescent light fixtures
  • Ring door cameras
  • A small path in the woods that ended in a pile of used potting soil and roots and stalks of freshly harvested marijuana plants

Additionally, Eversource reported that the monthly electric bill for 72 Jackson Road was approximately $10,000 per month, much higher than the average homeowner's bill.

The individuals on the property were questioned and ultimately allowed to leave. On July 31, 2020, Massachusetts State Police, including the State Police Detective Unit assigned to the District Attorney's Office, and a member of the DEA arrived at 72 Jackson Road to execute a search warrant. 
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