WENDELL — The Selectboard plans to appeal the state attorney general’s recent rejection of the town’s battery energy storage bylaw.

During a Dec. 18 executive session, the Selectboard opted to contract with Springfield-based law firm Doherty Wallace Pillsbury & Murphy PC to appeal the Nov. 14 decision by the Attorney General’s Office. Town Coordinator Glenn Johnson-Mussad said Wendell residents had been vocal in their support of the bylaw, and the board felt obligated to try to appeal the ruling.

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

He said residents have been clear with their concerns and disapproval of battery storage systems. Wendell residents voted 100-1 at a Special Town Meeting in May to approve the bylaw, which sought to create a licensing board that would approve or deny the construction of battery energy storage systems.

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 states that no battery energy storage proposal greater than 10 megawatts would be licensed in Wendell.

“The people of Wendell have been clear that the risks associated with lithium-ion battery storage systems demand stronger protections,” Selectboard Chair Laurie DiDonato said in a statement. “We’re confident this bylaw reflects the will of our residents and their strong desire to ensure the safety of our town and its environment.”

In a Nov. 14 letter to Town Clerk Anna Wetherby, Nicole B. Caprioli, assistant attorney general, wrote that the bylaw included extensive regulations on solar energy facilities and related structures such as battery energy storage systems, which are protected under Massachusetts General Law. She stated that as the bylaw dealt with land usage, it should have been written and filed as a zoning bylaw, rather than a general bylaw.

“Solar energy facilities and related structures have been protected under [Massachusetts General Law] for almost 40 years, since 1985 when the Legislature passed a statute codifying ‘the policy of the commonwealth to encourage the use of solar energy,” the letter reads.

The state Legislature determined that “neighborhood hostility” or contrary local “preferences” should not dictate whether solar energy systems and related structures are built in sufficient quantity to meet the public need.

Johnson-Mussad said the Selectboard is currently unsure how it would argue for the bylaw’s approval as board members have yet to sit down with their attorney to discuss strategy, but they feel there’s a chance to win an appeal.

Wendell resident Court Dorsey said he is pleased with the Selectboard’s decision to appeal, and he hopes the board is successful in its efforts. Dorsey is a member of No Assault & Batteries, a community organization that helped draft and lead efforts to get the bylaw passed at the May Special Town Meeting.

“It’s very courageous of our Selectboard and I’m proud of them for taking a stand for its citizens,” Dorsey said.

Dorsey said the town had attempted a zoning bylaw and that was struck down by the AG’s office, so residents hoped that a general bylaw would be successful. With the recent rejection, however, the town must turn to the courts.

“We do need to deal with the climate crisis, but we need to do it smartly and safely,” Dorsey said. “Cutting down biodiverse forests and wetlands is just not wise.”

Dorsey said one of the main reasons Wendell sought a bylaw was to protect its residents from any negative health impacts from battery energy storage systems. Lithium-ion batteries have been known to cause fires and contain toxic materials that can be dangerous to humans. With a small fire department, Wendell does not have the means to protect its residents if a large-scale energy facility were constructed and something went wrong.

He said the Selectboard and its attorney should consider the health and safety of residents while drafting an appeal. Dorsey noted the Dover Amendment, which Attorney General Andrea Joy Campbell argues protects battery energy storage systems as a related structure for solar energy facilities, does not necessarily provide state protections for energy storage sites, just their creation.

“We should be technical with it,” he said, “since they’ve been so technical with us.”

Reach Madison Schofield at 413-930-4579 or mschofield@recorder.com.