WENDELL — The citizens group that formed in 2023 in opposition to a now-withdrawn proposal for a 105-megawatt battery storage facility has started a crowdfunding campaign to defray legal costs for the town, which is appealing the state attorney general’s rejection of a battery energy storage bylaw.

No Assault & Batteries, having already contributed $1,000, launched a GoFundMe page (tinyurl.com/WendellFund) with the goal of raising another $6,000. Donations, which are not tax-deductible, had reached $4,517 by Friday afternoon.

“We are standing up and trying to do an appeal that will set a precedent for towns all over western Massachusetts and, really, across the state,” said No Assault & Batteries member Court Dorsey.

The Wendell Selectboard decided during a Dec. 18 executive session to contract with Springfield law firm Doherty Wallace Pillsbury & Murphy PC to appeal the Nov. 14 decision by the state Attorney General’s Office.

“Essentially, the Selectboard felt it’s worth the fight,” Town Coordinator Glenn Johnson-Mussad said at the time. “They felt it’s worthwhile to press the issue and felt obligated to ensure the protection of Wendell residents from lithium-ion batteries.”

Wendell residents voted 100 to 1 at a Special Town Meeting in May 2024 to give their blessing to the addition of a general bylaw to deal with the licensing of battery energy storage systems, including those powered by lithium-ion batteries. The article was put forward by petition in response to Lowell-based New Leaf Energy’s proposal to build a battery storage facility on Wendell Depot Road. The company eventually rescinded its proposal.

Under the general bylaw approved by Wendell voters, any battery energy storage system with a power rating greater than 1 megawatt and no more than 10 megawatts would require approval from the Wendell Licensing Board, to be made up of Selectboard members as well as one member appointed from the Conservation Commission, Board of Health, Planning Board, Zoning Board of Appeals, Energy Committee, Municipal Light Board and Finance Committee. The bylaw also stated that no battery energy storage proposal greater than 10 megawatts would be licensed in town.

However, any adopted or amended town bylaw requires approval from the state Attorney General’s Office to take effect. The ruling, issued on Nov. 14, stated the warrant article needed to be adopted as a zoning bylaw, rather than a general bylaw, because it was written to regulate land use.

“The attorney general is authorized to disapprove a bylaw that conflicts with state law of the Constitution,” Nicole B. Caprioli, assistant attorney general, wrote in a letter to Town Clerk Anna Wetherby. “The attorney general does not review the policy arguments for or against the enactment of a bylaw.”

The letter further states the attorney general’s standard of review is equivalent to that of a court. The AG’s office mentioned that no town can circumvent state protections afforded to solar energy facilities and related structures.

Reach Domenic Poli at: dpoli@recorder.com or 413-930-4120.