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Planning Board discusses ADU and BESS warrant language, seeks attorney general guidance and files timing for town meeting

March 13, 2025 | Town of Hampden, Hampden County, Massachusetts


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Planning Board discusses ADU and BESS warrant language, seeks attorney general guidance and files timing for town meeting
The Town of Hampden Planning Board spent substantial time March 12, 2025 reviewing draft warrant language for two forthcoming zoning items: an accessory dwelling unit (ADU) bylaw and a Battery Energy Storage Systems (BESS) bylaw. The board agreed to send ADU draft language to the Massachusetts Attorney General’s office for review and to finalize wording to meet local publication and advisory‑committee deadlines.

Why it matters: ADU and BESS bylaw language affect private development rights and local regulatory requirements. Attorney General guidance could limit or shape what the town may require (for example, whether site‑plan review or limits on the number of ADUs are permissible). Timing is constrained because the board must provide final wording to the town printer and advisory bodies ahead of Town Meeting.

Key points from the discussion
- Attorney General review: Board members said Rose (counsel) agreed to speak with the Attorney General’s office about comments to the ADU draft and to incorporate AG guidance; members flagged that the AG may clarify interpretation of statutes and limits on certain local controls.
- ADU substantive questions: Members raised whether the town can require site‑plan review for ADUs when single‑family homes do not require it, and noted state guidance about whether multiple ADUs per lot are a local option.
- Timing and publication: The board identified an April 1 deadline to give wording to staff (Brian) for printing and scheduled a public hearing on April 16, 2025; advisory committee review was noted for March 31, 2025.
- BESS/solar technical alignment: The board discussed inconsistent tree measurement definitions in two warrant drafts (BESS referencing diameter at breast height (DBH) and the solar bylaw using caliper). The board instructed staff to align the BESS language with the existing solar bylaw (change to caliper measurement) so the two bylaws match.
- Warrant article count: Because some sections remain unresolved (notably a provision concerning preexisting nonconforming structures), the board decided to remove an unresolved section from the warrant and proceed with two warrant articles to print.

Ending: The board will finalize edits, submit wording for publication by early April, and expect the Attorney General’s comments before the April public hearing. Further changes may be proposed again at the public hearing or at Town Meeting.

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