The Retreat Surrenders

 And so they did

The Retreat, a controversial student housing development proposed for the 147 acre woodlands of northeast Amherst, is no more -- killed by protracted battles with organized neighborhood resistance and quite simply the high per unit cost of development.

 

Letter hand delivered to Town Clerk on Friday from Landmark Properties

The Planning Board did not seem overly enthusiastic about granting all the variances required as part of the Definitive Subdivision Plan for 123 lots, which would have housed 641 tenants -- all of them UMass students.

UMass is the #1 employer in town and #2 property owner but because they are an educational institute pay no property taxes. The town assessor had projected the private development would have paid almost $400,000 in property taxes annually if built. 

Landmark Properties had a Purchase & Sale agreement with W.D. Cowls for $6.5 million, but only put down $50,000 which is non refundable.  In addition they have done upwards of $1 million in due diligence site work leading up to the Planning Board hearings.  

Cinda Jones will now pursue other development opportunities with the improved property.

Amherst's Donald Trump?

Cinda Jones, W.D. Cowls, Inc President testifies before Historical Commission 7/22

Leaving aside for the moment the dramatic difference in age, gender and, well, overall looks (especially hair), will The Retreat -- after it finally happens -- make Cinda Jones the "Donald Trump of Amherst?"

Umm, no.

Cinda Jones is the President of W.D. Cowls, Inc, admittedly the largest private landowner the entire state of Massachusetts -- but most of it is undeveloped woodlands.    The Cowls family kind of put the C in Conservation.

Her company has a purchase and sale agreement with Landmark Properties for $6.5 million to acquire 140+ acres in northeast Amherst, a small piece of their overall holdings.

Yes, if Landmark is successfully stopped by a swarm of angry NIMBYs chances are all but guaranteed the $6.5 million deal goes away.

But if The Retreat is built, it will have nothing to do with Cinda Jones.  Landmark, or one of their subsidiaries, will do the actual development (using local goods and labor when possible).

Yes, she -- or I should say her company -- is indeed a, gasp, developer:  The Mill District is an ambitious project that happens to include land the Cowls company already owns and wishes to recycle.

Ironically some of the same folks who packed the Town Room Wednesday night for the Planning Board hearing on The Retreat were also instrumental in the Historical Commission ordering a one year demolition delay on the Cowls barn at 134 Montague Road, at the gateway to the proposed "Mill District."

Resolving the "historic" barn issue is going to be an expensive proposition, and without that $6.5 million from The Retreat property, harder still. 

Nancy Gittleman at Planning Board hearing 7/30

Interestingly Ms. Gittleman posts her property on the UMass Off Campus Housing and Community web page but told the Planning Board, "I don't rent to anybody under 30."

North Amherst rental property (don't apply if under age 30)

When You Build It

Excavation work for Kendrick Place @ 57 E Pleasant Street has commenced

It may not look like much at the moment but after Kendrick Place is completed it will be an unmistakable anchor for the north end of downtown Amherst.

The LEED certified mixed-use building will tower five stories (in Amherst, that's a tower) and contain 36 units of high-end apartments over four floors with the ground floor set aside for retail.
  

Archipelago Investments, LLC has already built a similar successful project dead in the center of town, Boltwood Place.

Last month Amherst Town Meeting voted down a simple easement request for the abutting intersection at Triangle and East Pleasant Street, which is required if the town chooses to install a state financed roundabout at that busy intersection.

The NO vote was a thinly disguised NIMBY payback for the Planning Board allowing Kendrick Place and Boltwood Place to be approved without requiring on site parking for tenants, and allowing the projects to go forward with no "affordable" units in the mix.

The town is currently teetering on the brink of falling below state mandated 10% threshold of Subsidized Housing Inventory thus opening up the possibility of a Ch40B mega-development coming to town. 

Mythbusters like roundabouts

A survey contractor measuring the intersection earlier this month

NIMBYs Noisy Distraction

 

172 State Street, North Amherst (under construction)

One of the advantages of ownership is not so much the ability to do whatever you want with your property -- especially in Amherst -- but certainly the 100% guaranteed right NOT to do something with it.

Like for instance, drilling into bedrock (not the town where the Flintstones resided).

 View from State Street (note soundproofing going up)

North Amherst residents around Puffer's Pond are in full attack mode targeting the renovations taking place at 172 State Street, where the new owners (who paid almost twice assessed value) are renovating both the house and barn across the street.


And yes it is a tad noisy, and probably dusty as well.  But once the work is done tranquility returns and the new and improved home will be paying considerably more in property taxes.

View from Mill Street

So if you really want to ensure nothing happens next door to you, then simply buy the property ... and do nothing with it.   Only don't use taxpayer money.

Figures Don't Lie

RKG VP Kyle Talente appears before Planning Board Housing & Shelter Committees

As has become the routine with any public meeting remotely concerning housing, the joint meeting of the Planning Board and Housing & Sheltering Committee last week to hear yet another housing study report became an opportunity for citizens to poke and prod in general and -- in particular -- air complaints about the town's biggest bogeyman, student housing.

Originally the $30,000 study, an outgrowth of the now dead Gateway Project (killed by the very same NIMBYs) , was to ascertain the market for non student housing. But as President Kennedy once observed, "A rising tide lifts all boats."  And in Amherst, the student housing market is a tsunami.

The usual suspects

According to the consultant, "There's a mismatch between supply and demand.  Students price out folks.  Until that need is met it will continue to happen."  Because student rentals in converted single family homes are oftentimes marketed by the bedroom the combined "buying power" of a typical student household matches that of a family with a household income of $100,000.

Houses coming on the market at a price point of $250,000 are prime meat for ravenous investors who can outbid middle class families.  When those houses are all gobbled up and the demand still exists the next price point will be $275,000, then $300,000 and so on. 

Between 2000 and 2010 only about 325 new units were added to the housing stock, or about 35 units per year.  In that same time frame average rents have risen a whopping 57% -- or twice the rate of inflation. Amherst's official population grew from 34,874 to 37,819 during that time frame.

In a recent Amherst Bulletin column UMass Chancellor Subbaswamy confirms UMass has added 1,000 undergrads since 2009 and will add another 2,000 before the end of the decade.

Umass houses 60% of their total students on campus and plans to maintain that ratio in the future;  so that means 400 of the most recently added 1,000 students found housing off campus, and over the rest of the decade 800 more will be looking for shelter. 

The mistake in the draft report pounced on by John Fox in particular concerns the impact of the spiffy new Commonwealth College facility at UMass, which has about 3,000 students.  But the report seems to treat those students as new additional students increasing the overall population of UMass, when in fact they are already here and have already been counted.

In September the 1,500 bed dorms for Commonwealth College students came online.  Some in the audience insist that was enough to satisfy student housing demands, even though it shelters only 50% of the targeted clientele. 

The snippet of the report that seems to have drawn the most fire

Obviously Umass is using the Commonwealth Honors College as a marketing tool to ensure those 2,000 EXTRA students come before the end of the decade, and that they are high achievers unlikely to participate in rowdy weekend parties. 

Neighbors also pointed out the report does not discuss current student oriented projects under way:  Olympia Place (236 beds) and Kendrick Place (102 beds) have both been approved by the Planning Board, but neither has broken ground. 

Interestingly they didn't throw in The Retreat which is projected to provide 641 student beds because they probably do not wish to jinx their concerted effort to kill that project.

RKG Associates provided all sorts of remedies we can take or leave to stimulate housing production.  But to deny that Amherst even has a housing problem is like denying men have walked on the moon. 

The first step is to admit there's a problem.  "Houston we've had a problem." 

And that problem is us.

Amherst will become a Jekyll and Hyde:  Student slums and high end "upper crust" neighborhoods

Vince O'Connor: Keep politics out of this report (Amherst needs affordable housing NOT student housing)

Strangling Supply

Cowls former lumber mill:  20+ acres in need of development

Adhering to the old PR mantra about repeating something often enough to make it seem true, North Amherst resident Melissa Perot -- who fancies herself a Joan of Arc -- has been repeating ad nauseam the Planning Board's "technical fix" (Article 18) for mixed use buildings, "REZONES the entire Commercial District and in particular the large 20+ acres of Cowls land in N. Amherst."  (Bold caps are all hers naturally.)

Simply put the only thing Article 18 does is to put into words what has been common practice with Building Commissioners over the past 25 years:  allowing offices for doctors and lawyers, government agencies, public service, etc.  Or what Ms Perot refers to as "paper pushers."

The only other change is reducing from "two or more" ground floor dwelling units down to "one," thus encouraging smaller mixed use developments like a business owner living above his or her business.  

In fact Article 18 came about via a request from Building Commissioner Rob Maura and not from any of the developers Mr. Perot rails against.  

 Trolley Barn

Ms. Perot did manage to torpedo an actual zoning CHANGE at last spring's Town Meeting that would have allowed greater density of dwelling units in a mixed use building.  For instance, in the Trolley Barn now under development, instead of the current four units the same amount of space could have been subdivided into eight residential units -- twice the current number. 

And that is precisely problem #1 in our little "college town:"  Too many residents -- more than half of them "college aged youth" -- and not nearly enough housing to shelter them.  As a result, speculators buy up single family homes, expand them into 2 family homes and rent them out to eight (or more) students, some of whom behave in a less than civil manner.   

The skyrocketing rents push out low income residents using Section 8 housing vouchers, single parent households or anyone trying to survive on a minimum wage salary. 

Town Meeting has continually turned down common sense zoning changes that would increase desperately needed housing stock (the town currently has only four apartment complexes with 200+ units).

And even when projects are announced that can be built "by right" (without zoning change) the NIMBYs sharpen their pitchforks, fire up the gas powered torches and make life miserable for the property owner and proposed developer.  

Even worse than Ms. Perot trying to roll back the minor gains made through zoning changes at the spring Town Meeting, another NIMBY -- amazingly enough one with a business background -- wants to tighten (like a noose) the town's four unrelated housemates bylaw to only three.

Yes, in a town with 5,265 rental units -- not nearly enough to handle current demands -- Ira Bryck would reduce total occupancy by as much as 25% with a single stroke of legislation.  Amazingly naive.   

In fact the town should -- under very strict circumstances -- allow more than four unrelated housemates depending upon the house.  But require the owner to seek a "special permit" from the Planning or Zoning Board, so the building commissioner, police and fire department can weigh in on the matter. 

Amherst needs an across the board increase in housing stock.  This housing crisis is certainly nothing knew having been talked about since the early 1970s where the town even briefly flirted with, gasp, "rent control."

Enactment of the Residential Rental Property Bylaw to "protect the health, safety, and welfare of tenants and other citizens of the Town of Amherst" last May was a giant leap forward for the town, setting the stage for future much-needed development.

Ms. Perot and Mr. Bryck's ideas places them squarely in the same league with the Flat Earth Society.  Although ironically enough, the first step in development is to level the site.   

68 Cowls Road

Bring on the bulldozers!

When BANANAs Attack

 

Vince O'Connor far left, David Williams front, Kyle Wilson center

If you ever wondered why almost nothing ever gets built in the bucolic college town of Amherst, just peruse these snippets from last Wednesday's 3.5 hour Planning Board meeting.

40 year activist, or should I say "community organizer," Vince O'Connor had a good point or two concerning parking -- or lack thereof -- at the newly proposed "Olympia Place," a 75 unit dormitory style (private) student housing development springing up where a rowdy defunct frat house currently stands.

But he kind of went overboard attacking the height of the building with his medieval serfs vs the castle metaphor.





Since moving to North Amherst only a few years ago Melissa Perot has become the Joan of Arc for slaying development.  But she can get on your nerves (and I'm pretty sure it's not the accent).

 

North Amherst resident Melissa Perot railing against development before Town Meeting

Town Meeting approved "mixed use development" zoning in village centers last session, and the Planning Board was discussing a minor technical tweak ... but that didn't stop Ms. Perot from launching into a do over of the battle she and fellow NIMBYs lost by a more than two-thirds vote.

Select Board Just Said NO

Not

The Amherst Select Board voted unanimously 4-0 (1 absent) NOT to a invoke a $6.5 million "Right Of First Refusal" for 154 acres of run-of-the-mill woodland in northeast Amherst to stop "The Retreat", a controversial 700 bed upscale student housing development proposed by a private, taxpaying, enterprise.
 
In June Amherst Town Meeting voted 98-90 to dismiss a warrant article calling for a $1.2 million appropriation to take by eminent domain only the "development rights" of the parcel.  And over the past two weeks the Planning Board voted 8-1 against the purchase while the Conservation Commission opposition was unanimous.

 

Crowd of 80-85 pack the meeting

The Select Board meeting was one of the best attended in recent memory with over a dozen project opponents voicing their concerns about noise, traffic, vandalism, and -- what they greatly fear --  the destruction of Cushman, a quaint historic village.

Speakers questioned the transparency of process since the town took a long period of time to acknowledge the 2nd $6.5 million offer between Cowls and Landmark Properties was indeed "bona fide", which started the 120-day clock ticking for the Right Of First Refusal.   

Project proponents have repeatedly cited the desperate need in this "college town" for more student housing, with current make shift solutions -- the conversion of single family homes to rooming houses -- being far more destructive to quality of life in neighborhoods town wide.

John Musante (center) Any change in contract would bring on new 120 day Right of 1st Refusal

"The Retreat" would also generate $400,000 per year in property taxes in a town where half the property is tax exempt.  In 1987 the town took by eminent domain the Cherry Hill Golf Course to stop a 134 unit high end housing project, squandering a historic $2.2 million ($4.4 million in today's dollars).

 Cowls also owns 150 acres near Cherry Hill Golf Course (in gold) that could also be developed on the same scale as The Retreat

Tonight by NOT taking this exceedingly expensive 154 acres of woodland, town officials demonstrated they have learned from history.   Finally. 

The Republican reports

Growing Pains

 

Coming Soon:  Commonwealth College 1,500 beds

In his May 15 appearance before Amherst Town Meeting to pitch the joint town/gown study on coexisting in harmony, Chancellor Kumble Subbaswamy proactively addressed the #1 criticism leveled at UMass/Amherst:  build more housing to keep students on campus.

The Chancellor clearly pointed out that this fall, when Commonwealth College Residential housing goes on line (1,500 beds), UMass/Amherst will be #3 in the nation for housing students on campus. 

The relatively recent construction of "North Residential" also added 800 beds.

North Residential housing complex

And when Commonwealth College dorms come on line they, like North Residential, will not pay property taxes, even though both will be protected by the Amherst Fire Department.

This year AFD cost taxpayers just over $4 million to fund yet they spend 23% of their time dealing with UMass.

Graph courtesy Amherst Firefighters Local 1764

Umass is scheduled to grow over a ten year period at only 300 students per year.  Had the Gateway Project not been scuttled by noisy NIMBYs that alone would handled a couple of years worth of growth.

And of course The Retreat, a taxpaying student development in northeast Amherst would also absorb a couple of years worth of UMass growth.  If it ever gets built. 

Or, if provincial Amherst Town Meeting had only approved Form Based Zoning in village centers last year we would already be seeing mixed use buildings going up in North Amherst to greatly stimulate both commercial and residential stock.  

Pig In A Poke?

 Rock Farm, 650 South East Street

Tonight Amherst Town Meeting will be asked to tap Community Preservation Act funds -- that reserve of money that falls from the heavens -- to the tune of $125,000 to complete a public/private land deal that essentially only benefits neighbors living along South East Street.

I was surprised to learn no environmental study of the land had been completed, as a even a cursory examination of the property reveals potential environmental hazards:  three rusting 55 gallon oil drums.

Just one of the downsides brought on by using Other People's Money:  a lack of due diligence.  

55 gallon oil drum near collapsed structure

Another 55 gallon drum under debris

Rock Farm, South East Street Amherst. with 55 gallon drum hiding in plain sight

More good reasons to vote NO on Article 24C

Nasty NIMBYs

 

Cowls Tree Farm:  "Respectful visits welcome"

It's certainly one thing to mount a protest campaign including lawn signs, newspaper columns, and vocal gatherings at public meetings -- something I applaud -- but another thing altogether to deviate into criminal activity.  And I consider vandalism criminal.  As does the law.

Last week someone defaced a wall in the bathrooms at Cowls Building Supply in North Amherst with the graffiti "Leave Cushman Alone!" Sort of betrays that it was politically motivated.

Cowls Building Supply

Also last week members of the  "Save Historic Cushman" group filed a complaint with state and local authorities over logging practices at the forest off Henry Street Cowls wishes to sell to a developer for student housing.

On Monday the Amherst Conservation Commission and state Department of Conservation and Recreation toured the site and found nothing major amiss. 

Amherst Conservation Commission and State officials on site

Which comes as no surprise to anyone familiar with the 9th generation Cowls family,  the largest private landowners in the state and tree huggers since before the term was invented.

Just as it only takes a tiny minority of irresponsible party hardy students to give all students in town a bad name, so it is with activist groups.  Ironically the Save Historic Cushman folks are worried about rowdy student behavior and yet one or two of them are putting on an equally pernicious performance.

And since bad things often comes in three's:  At the Amherst Sustainability Festival Saturday on the Town Common a young conservation minded female working at the W.D. Cowls, Inc tent handing out free seedlings was verbally accosted by an older woman who represented herself as a member of Save Historic Cushman.

Including the mean barb, "You want the woods to look as ugly as you are," which sent her sobbing to the safety of her car.

Also on Saturday afternoon AFD responded to a brush fire along the cleared area just above Henry Street, far enough away so it could not have been sparks or a cigarette thrown from a passing vehicle.

First responders thought it was human activity that caused the fire, as in a party bonfire. But now I wonder:

Would someone take this hot button issue to an extreme, fighting fire with fire?

 

AFD Henry Street brush fire Saturday 2:45 PM

Henry Street Fire

The Retreat Moves Forward

 Can Salamanders read?

The i's have been dotted and the t's crossed (in triplicate) as the town on Wednesday received both by certified mail and delivery in hand the official notice of intent to remove property in northeast Amherst from Chapter 61 conservation for the whopping sale price of $6.5 million.

Yes THAT property off Henry Street -- the one that has aroused the fires of indignation from nearby residents in the historic village of Cushman and a few more from all over Amherst and a surrounding town or two.

The town of Amherst, upon receipt of the documents, has two deadlines:  30 days to question the notification process as flawed, and then another 90 days (assuming the paperwork is in order) to decide if they wish to invoke the "right of first refusal", or pass it on to another non profit land trust.

Either way, an intercepting entity would need to match the current offer of $6.5 million.  Yes, dollars.

Kind of like the epic blunder the town made 25 years ago taking by eminent domain the Cherry Hill Golf Course in North Amherst, costing taxpayers $2.2 million.  The largest land "purchase" in town history, and to the best of my knowledge the last time the town has wielded the potent power of eminent domain.  What some might refer to as "the nuclear option."

Adjusting for inflation the cost of Cherry Hill today would be $4.4 million, still a far cry from the $6.5 million cost of taking the 154 acres of woodland currently owned by the largest private landlowner in Massachusetts, W.D. Cowls, Inc.

And that of course does not include the legal bills resulting from a crossfire of attorneys from two major corporations.

This is one battle the town doesn't need:  sound the retreat!

Circle The Wagons

Neighbors of proposed development already seeing red

Landmark Properties received an all too typical "welcome to Amherst" last night at their informational meeting in the Jones Library to discuss with neighbors their proposed Amherst Retreat Student Housing Project, a 170 unit development off Henry Street currently owned by W.D. Cowls, Inc, the largest private landowner in the state.

One of the neighbors who received an invite to the informational session forwarded a rallying dispatch to organized opposition -- including many in surrounding towns -- erroneously stating the developers "had a terrible reputation in terms of follow through and upkeep."

Of course the other facts this spinmeister got wrong was the assertion that the "salamander crossing will be destroyed" and that "This development is only step one of a long range plan by Cinda >Jones (i.e. Cowls and DH Jones combined) for more development on Cowls property."

Wrong. Cinda Jones is not connected to the real estate agency owned by children of D. H. Jones.

But not letting the facts get in the way of a good narrative is certainly an effective way to mobilize the troops. Over 50 protesters were waiting in front of the Jones Library a few minutes before the meeting start time.

But not everyone who showed up was a disciple of the Church of Obstruction, and some helpful discussion did take place.  Landmark has addressed a major concern by adapting their original plan to reroute traffic from the narrow streets in the heart of Cushman by locating the main entry to the development on Market Hill Road by the town's Water Treatment Plant (A).

 The salamanders will still be able to cross the road

Landmark does not require an exceedingly hard to attain two-thirds vote of Town Meeting for a zoning change in order to do this project.  So it IS going to happen.  This informational session demonstrates Landmark's commitment to being a good neighbor.

Too bad neighbors did not reciprocate.

Cinda Jones speaks

Development Delayed

Map of proposed development (click to enlarge)


Due to a trivial paperwork error neighbors in North Amherst will get an extra couple weeks to raise the $6.6 million required to match the developer's offer via the town's "right of first refusal" that goes hand in hand with property protected by the state's Chapter 61A conservation law.

Last night the Select Board voted to send a letter to W.D. Cowls, Inc informing them of the bureaucratic boo boo and advising company president Cinda Jones that the 120 day clock has not started ticking.

NIMBYs have filed a petition article with Amherst Town Meeting calling for the use of eminent domain to take the property from Cowls to sabotage the land sale/development deal that will bring desperately needed, taxable student housing to Amherst with convenient access to UMass.

Proponents request Town Meeting appropriate only $1.2 million for the hostile taking, and it's unclear how the other $5.4 million would suddenly materialize.

Let The Sun Shine!

 Amherst Old Belchertown Road:  Ye Old Landfill

I just love documents with the heading "Confidential:  Not a Public Document."   But yes, Amherst is the home of "Open Government To The Max" initiative, so they even release documents with such a secretive heading even before I get around to a public documents request.

About the only newsworthy thing in this litigation update (at the half-way point in the Fiscal Year) is entry # 3, the status of the lawsuit by ten NIMBYs opposing the solar array at the old landfill.  Looks like the lawsuit is deader than some of the things buried in the old landfill.

So let's hope construction of the solar array commences soon.  Too bad it cost Amherst taxpayers over $8,377 to clear this legal hurdle. 

Legal costs, however, have been fairly low this year -- as evidenced by this rather brief half-year update. The other PUBLIC document being discussed tonight at the Select Board meeting is the half-way point budget update.  Legal Services has only consumed $28,157 out of an annual budget of $110,000.

Although I'm now told that the actual amount as of today is $40, 536 ... still, pretty low at the almost half way point.  The law firm of Kopelman and Paige have a minimum retainer of $44,000 with the town, so it' s not like they are ever going to starve.

Attorney Joel Bard, the face of Kopelman and Paige, at a recent ZBA meeting

NIMBY Knock Out?

 Ye Old Amherst (unlined) Landfill

Looks like the top two weapons in the NIMBY arsenal for disrupting the deal to bring a solar farm to ye old Amherst landfill may be scuttled by the Massachusetts state legislature.  The lawsuit citing an antiquated DEP deed restriction for keeping landfills free of any development except passive recreation could be swept aside by a new ordinance specifically freeing landfills from any such trivial outdated mandates.

And now the once all-powerful anti-development nuke known as Massachusetts Endangered Species Act may lose some of its Divine power to preserve, protect and coddle critters like the Grasshopper Sparrow who currently make their home on the grassy wide expanse covering the fermented, decayed garbage.

Apparently when it comes to renewable energy, our state legislators have seen the light.

At 4.75 mega watts, Amherst would be one of the state's largest

Let the grading begin

 Moving "new dirt" at ye old landfill

The Amherst Department of Public Works commenced work on regrading the old landfill off Belchertown Road, a project required by the Massachusetts Department of Environmental Protection as part of capping closure agreement signed in the late 1980s.

A landfill typically settles after organic material decomposes causing the clay cap to sag and allowing rainwater to collect in stagnant pools.  This phase of the regrading should only take a week and the 52 acre tract will start looking as level as a Cape Cod beach.

Of course a level playing field is also conducive to the installation of solar panels, a controversial project strongly opposed by neighbors in the adjacent Amherst Woods housing development who filed suit against the town last year using NIMBY lawyer Michael Pill.

Amherst was one of about 20 communities who took state money for capping with the provision the closed landfill never be used for anything except passive recreation.  A recent bill in the state legislature would nix that condition by making solar farms an acceptable--if not encouraged--use.

Last year Amherst Town Meeting voted overwhelmingly to allow Town Manager John Musante to negotiate a long term agreement with BlueWave Capital, a company founded by John DeVillars, former Secretary of Environmental Affairs for the Commonwealth of Massachusetts.

Today would have been a good day to generate electricity.

 Twins: mountain of dirt in shadow of Holyoke Range