On September 30, a hearing was continued before the Board of Health regarding a hazardous materials control permit for the Boardwalk School at 75 Spruce Street. Mark Frigo, Vice President of Nexamp, representing the AB Regional School District, appeared before the Board to discuss the project and answer concerns.
The Boardwalk School’s project is the installation of solar panels with battery storage. Under the town’s Hazardous Materials Control Bylaw, the battery storage requires a permit due to the hazardous materials within the batteries.
Nexamp noted that they last appeared before the Board in April, 2024, and have been reviewing the 31 conditions the Board has proposed. They have also been meeting with Acton Fire Chief Anita Arnum to address any concerns raised by the fire department. They expressed belief that they had addressed the 31 conditions, but said they may request a few tweaks.
Nexamp noted that the only exception that had not been addressed is the location of the battery storage. Board Chair Conoby stated, “The 18-foot high sound barrier wall is approximately 57 feet from the school, and the Tesla megapack battery is 8 feet from the wall; in addition, the battery is only 18 feet from the property line.”

Board Member McInnis stated, “The National Fire Protection Association (NFPA) standard recommends a 100-foot separation from the battery to a structure.”
Mr. Frigo noted, “That recommendation was for an exclusion zone, which has different connotations.”
Member McGinnis expressed his concern and displeasure with the proposed location of the battery storage. He noted, “If an incident occurs with the battery unit when 1,000 kids are waiting for buses to leave school and the fire trucks can’t get through because the buses are blocking the lanes, that’s unacceptable.”
Fire Chief Arnum agreed with Member McInnis. The chief stated, “From a firefighting perspective, 100 feet is a minimal exclusion zone. Some fire departments recommend 300 feet.”
Fire Prevention Officer Dalton stated, “I’m in agreement with the Chief and the Board of Health; if an alternative location can be found, the battery storage should be moved there.”
Abutter Vandergrift stated, “My house is about 500 feet away and I am concerned about noise pollution from the project.”
Resident Zhu stated, “During school dismissal, more than 10 buses are lined up adjacent to this location. The quality of the report regarding the meeting of the conditions is flawed. Approval of this project will set a dangerous precedent for the town.”
Jude Aronstein of Mothers Out Front spoke about the role of the battery storage system in reducing Acton’s energy usage, noting that the solar array and the battery system are “very much entwined … The importance of having this battery is significant because we are in a climate crisis. I also am concerned about the distance. It definitely feels like a squeeze point, but I feel like the squeeze point of climate change is also really potent.”
The Board of Health, after noting the concerns raised, unanimously voted to deny a hazardous materials control permit for the project currently proposed.
DK Halley was Acton Health Director from 1987 to 2015. He is now a volunteer writer for the Acton Exchange.