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Amherst Town Council has first reading of proposed solar moratorium

Date: 2/16/2022

AMHERST – During their Feb. 7 meeting as the Amherst Town Council had their first reading of the proposed moratorium on large scale solar projects, something that is anticipated to be voted on by their Feb. 28 meeting.

It was brought up during discussion that four tracts of land on which large-scale solar projects could be developed would not be impacted by a moratorium following the recent filing of preliminary subdivision plans. Councilors were informed that landowner W.D. Cowls Inc. had filed the preliminary subdivision plans, protecting the four tracts from any changes to zoning laws that a moratorium would be utilized for.

Proponents of a moratorium feel it would afford the town a brief period of up to 18 months maximum to study and develop a proper solar bylaw to guide large scale solar projects such as these. Talk of a moratorium was first initiated in response to a proposal last year, that was later withdrawn from W.D. Cowls Inc. for constructing 41 acres of solar arrays in the woods off of Shutesbury Road.

Initial community responses showed concern of the possible deforestation impacts from a project like this, thus starting the push for a moratorium. Now with the preliminary subdivision filings, W.D. Cowls would be grandfathered into their projects and would have immunity from a moratorium.

At-Large Councilor Mandi Jo Hanneke told her fellow councilors she was “heavily considering” voting against the moratorium with this news. Hanneke added a moratorium could give off the message to the region that a progressive town like Amherst does not believe in the benefits of solar at a time where using green energy has become so crucial.

“If this moratorium is adopted, we would allow solar development on impervious surfaces but stop development on cleared land or farm land. It would stop there but potentially still have to allow it on forested land and that seems unwise to stop development temporary on lands that may be more preferable than on other lands that have preliminary subdivision filings,” said Hanneke. “I want to send the message that we recognize solar needs to be developed quickly, rapidly, in order to save the trees in our town in the long run.”

Because it falls under zoning, the moratorium needs a two-thirds vote from council in support, or yes votes from 9 of 13 councilors to go into effect.

District 5 Councilor Shalini Bahl-Milne said the urgency of climate change and the crisis the world currently faces should be dictating that the town not stand in the way of solar energy. She added that because the Planning Board and Zoning Board of Appeals can both already review projects that a moratorium, especially at this point, would not be worth it. Bahl-Milne has consistently spoken against a moratorium in past meetings as she feels action through solar needs to be taken now to avoid further climate disasters.

Council President Lynn Griesemer, District 2 Councilor Pat De Angelis and District 5 councilor Ana Devlin Gauthier have been the sponsors of the proposed moratorium and feel a pause is needed so that Amherst can become a leader by example in the region with solar energy.

“One of my frustrations with this particular need for a temporary moratorium is that a bylaw should have been done and written five years ago, but it wasn’t. So now what do we do? We write a bylaw,” Devlin Gauthier said. “In my mind I think what’s really important to note and I would ask that you all remember about the wording of this, this is temporary. It is a maximum of 18 months and I would do everything that I can to encourage everyone who’s involved in writing this bylaw to make it go faster.”

District 3 Councilor Jennifer Taub said that professionals in the green-energy field view the moratorium as a responsible measure. Fellow District 3 Councilor Dorothy Pam added that the moratorium is to do this right and do it better.

The Planning Board has advised the Town Council against adopting the bylaw in a 5-2 vote and suggested in their report that a moratorium would slow down the town’s goals of a greener Amherst and carbon neutrality by 2050. The Community Resources Committee (CRC) approved a recommendation for the moratorium in order to provide enough time to create and develop a proper solar bylaw.

The town has permitted five projects of this type already. Hampshire College, Montague Road, and Pulpit Hill Road have seen a solar array constructed already, while one is currently under construction at the capped landfill on Belchertown Road. The final project already permitted is planned for the Hickory Ridge property.

In the public comment period, similar to past meetings at which discussion of the moratorium happened, many of those speaking were in favor of the pause in order to develop a solar bylaw.

“The moratorium has been equated to a nuclear option and I think that was just one person’s word choice,” said Ira Bryck of Strong Street. “Its not a nuclear option to pause and figure it out. There’s a lot to be discovered and if we cant take a few months to figure it out and the earth is already crumbling where six months makes a difference then we are already done.”

Martha Hanner of District 5 said as a planetary scientist she supports the moratorium in order to create clear guidelines and a careful solar study.

“We must get it right for the long term,” Hanner said.

One comment against the moratorium was from resident Elisa Campbell who said it is too late for a moratorium, but if there were to be one that it would be taken care of swiftly.

“If there is a moratorium I hope you will be short and it emphasizes putting solar in good places. Time matters in this, we need to reduce our green house gas emissions quickly,” said Campbell.

Appropriations go toward two projects

Earlier in their Feb. 7 meeting, the Town Council unanimously approved the transfer of appropriated funds of $387,000 to pay for a new fire pumper truck and for an elementary school feasibility study for the new elementary school planned.

The council approved the town manager’s request to use $187,000 in reserves for the truck and $280,000 for the elementary school feasibility study. The fire truck is estimated to cost $637,000 in total, and will take about 500 days to build according to Finance Director Sean Mangano.

According to Councilor Cathy Schoen, who also serves on and is a liaison of the committee, the study is not estimated to cost about $1.03 million. She added the design is expected to be completed next year as the committee works with DiNisco Design, the group chosen to work on the new school building project.

Once completed the design will go to the Massachusetts School Building Authority (MSBA) for approval. If approved, the state would pay nearly 60 percent of the costs. Costs to build a new elementary school to replace Wildwood and Fort River elementary schools are being estimated and will be figured out as part of the feasibility study.

“The Finance Committee voted unanimously to recommend to the council that they approve both appropriations,” Schoen said. She added that for the money being appropriated for the feasibility study has a contingency fee based on possible bidding on construction for the project so while this is a best guess of funds, it is possible not all of it will be used.

“I’m requesting we all look at it very carefully,” said councilor Ellisha Walker on the studies cost and discrepancies between the towns estimates and the MSBA’s recommendations. “I know we’re not in the final stages but I think that this is the time to look at it with a very clear eye.”