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Council Approves Clean Energy Regulations with Revisions to Safeguard Private Wells

Report on the Meeting of the Town Council, September 14, 2026, Part 2

This was a hybrid meeting held in Town Hall and was recorded.

Present

Mandi Jo Hanneke (President, at large), Andy Churchill (at large), Jill Brevik and Cathy Schoen (District 1), Amber Cano-Martin and Lynn Griesemer (District 2), Hala Lord and George Ryan (District 3), Pam Rooney and Jennifer Taub (District 4), Ana Devlin Gauthier and Sam MacLeod (District 5). Absent: Ellisha Walker (at large).


The Town Council voted unanimously with one absence to adopt the proposed Article 18: Small Clean Energy Infrastructure Bylaw with two amendments aimed at providing additional protections for private drinking water wells. The no-disturbance area around a well was increased from 100 to 200 feet. Additional updates were made to classifications in Article 3, Section 5.11 (renewable energy accessory), Section 6.2 (fences), and Article 12 (definitions).

District 2 councilor Lynn Griesemer introduced the amendments, emphasizing that private wells should receive the same protections as public water supplies, especially since five percent of Amherst homes rely on private wells located primarily in Districts 1 and 2.

Amendment Passed to Increase No-Disturbance Area from Private Wells to 200 Feet

Opinions varied on the necessity of the increased distance. Planning Board Chair Doug Marshall objected to the amendment, arguing that expanding the distance would reduce efficient land use and increase costs, possibly making many solar installations unfeasible. Bruce Coldham from the Planning Board added that the 200-foot increase equated to a fourfold increase in area while septic systems only require a 100-foot distance from wells.

Research from the Water Supply Protection Committee indicated that solar panels pose no contamination risk. However, District 2 resident Eric Bacharach expressed concerns about potential erosion and contamination from construction activities.

District 1 councilor Jill Brevik voiced that residents were worried about contamination from PFAS and other chemicals, supporting the increase based on the burden of remediation falling on property owners. Conversely, George Ryan claimed that the main threat comes from surface reservoirs and that the amendments could hamper solar installation efforts.

Council President Mandi Jo Hanneke mentioned that the bylaw guidelines were based on recommendations from both the Water Supply Protection Committee and Solar Bylaw Working Group, which supported the existing 100-foot guideline. Cathy Schoen highlighted local erosion risks in the area with private wells, estimating that only 24 households had private wells, while Hanneke believed the number was higher.

Others, including Andy Churchill, pointed out that the bylaw allows for flexible no-disturbance requirements based on specific site characteristics. Sustainability Director Stephanie Cicarrello noted that the town has no control over private land use practices that could contaminate groundwater.

Citing a case in Pecos, Texas, Griesemer argued for the increased protections due to severe weather events impacting solar installations. Ultimately, the amendment passed with a vote of 7-5, with Schoen, Taub, Brevik, Griesemer, Cano-Martin, Lord, and MacLeod supporting it.

Amendment to Distance Battery Energy Storage Systems 400 Feet from Private Wells Passes

Griesemer’s second amendment increased the required distance for battery energy storage systems (BESS) from 300 to 400 feet from wells, aligning with public water supply standards. The discussion was limited, with Ana Devlin Gauthier highlighting the added contamination risks from firefighting materials in BESS fires. The vote on this amendment passed 8-4.

The entire bylaw was then passed unanimously with a vote of 12-0.

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