Build Baby Build

5.79 acre property currently used as farmland and pays almost nothing in annual taxes

Concept plan for 29 townhouses, 58 parking spaces on 5.79 acres (2.3 acres of it non buildable wetlands)

The Planning Board was in an agreeable mood last night for construction as they unanimously supported three projects all involving residential housing.

Although the major one involving, gasp, student housing still has to meander through the minefield of Town Meeting which previously voted down the idea.

Rezoning the 5.79 acre property on University Drive from Office Park to Business Limited would allow the construction of 29 townhouse apartments and increase tax revenues to the town from the current under $100 to upwards of $150,000 -- or more than enough to hire a few more Public Safety personnel.

 Unhappy crowd -- mostly neighbors -- spoke against the rezoning

The business neighbors to the south (an office park and The Arbors assisted living community) were adamantly opposed to the project, as was the owner of 55 University Drive directly across the street, which was recently approved for a medical marijuana facility.

The Planning Board also discussed amending the current medical marijuana bylaw to say no such facility can be within 300 feet of existing residential.

That way it would allow a residential project to be constructed after a medical marijuana facility has opened.  Or in this particular case, if 55 University Drive does become a medical marijuana dispensary the 29 townhouses could still be built across the street.

Current wetlands have been delineated to the satisfaction of Conservation Commission

Critics all cited the problems with water runoff, which the applicants said they would address by installing a larger pipe for drainage.

And the Planning Board pointed out no matter what goes on that property -- even with current Office Park zoning -- there would be conditions set to ensure the drainage problem is mitigated.

 Attorney Tom Reidy presents to a receptive Planning Board last night

The (required) public hearing lasted only 45 minutes and the Planning Board simultaneously closed the hearing and voted on whether to recommend this article to Town Meeting.  That vote was unanimously affirmative.

Building Commissioner Rob Morra feels because of all the requirements University Drive is only place in town for a medical marijuana dispensary

Meanwhile (this morning):

Security fencing is being erected all around the Carriage Shops in preparation for demolition.  One East Pleasant Street is finally going to commence.

Asbestos abatement will happen first

Inclusionary Zoning Strikes Out ... Again

Amherst Planning Board last night (like lambs to slaughter)

Last year at the very last minute the Planning Board pulled back their Inclusionary Zoning overhaul that would require across the board 10%  affordable units in any new housing project of 10 units or more.

They were reacting to concerns from the business community who complained it would make things especially arduous in the downtown or Village Centers where development costs are higher.

One good result was the town came up with Article 21, tax incentives to help alleviate the pain for developers who otherwise can't make the affordable unit requirement work.

Last night Town Meeting, considering it required a two-thirds vote, overwhelmingly rejected the Planning Board's two-years-in-the-making Inclusionary Zoning Article 22 by a 100 No to 88 Yes vote after 1.5 hours of sometimes snippy discussion.

Critics said it was unnecessary simply because the Planning Board was not correctly interpreting the current Inclusionary Zoning bylaw which trips the 10% affordable unit requirement whenever a Special Permit is required.

The Kendrick Place development (36 units) required two concessions -- an extra 10 feet of height and extra lot coverage -- but they were not considered major enough to trip the existing bylaw.

And of course this same scenario played out just up the road with the same developer's  One East Pleasant Street (80 units).

 Using future home of One East Pleasant as leasing office for Kendrick Place

As a result certain BANANA (Build Absolutely Nothing Anywhere Near Anything) types now consider the Planning Board to be made up of Robber Baron, pro-development hacks.

Will the Planning Board take another shot at appeasing the unappeasable next year?  Who could blame them if they do not.

Sure Article 21, the property tax breaks package, did pass because the unholy alliance of the BANANA/NIMBY crowd faltered.  But will that alone make a difference?  Probably not. 

Perhaps the best idea last night came from black sheep Town Meeting member Kevin Collins, who floated the sometimes-you-have-to-destroy-the-Village-in-order-to-save-it concept by suggesting we allow the town to fall below the 10% Subsidized Housing Index.

 Click to enlarge/read

That way any developer can come in and build pretty much whatever they want as long as it is 25% affordable.

Maybe now that town/gown relations seem to be at a high water mark, it's time to revive the Gateway Project. 

Gateway Area with former Frat Row (on right) shovel ready for a signature project

Inclusionary Zoning: The Other 10%

 

Amherst Planning Board December, 2014

Last night after more than a year of public discussion the Amherst Planning Board voted unanimously to support an Inclusionary Zoning article to replace the current ineffective one by relying on simple math (the 10% solution), offset bonuses (extra market rate units) and some easing of regulatory requirements in the business district for building height, coverage and set backs.

The hope is this will be an incentive for housing developers to pitch projects that will increase overall housing supply with at least 10% of that, "affordable."

The Planning Board had originally produced a draft article for Town Meeting last year but ran into stiff opposition from the Chamber of Commerce and Business Improvement District over concerns about downtown property, which is more expensive to develop.

In addition to the zoning article, Town Manager John Musante told the PB last night that he is seeking other remedies such as tax breaks to work hand-in-hand with this new Inclusionary Zoning article.

Although Planning Board Chair David Webber expressed disappointment that Musante did not bring along a firm proposal.

Later in the meeting Senior Planner Chris Brestrup did assure the PB that town officials are working diligently to come up with a financial proposal for the upcoming annual Town Meeting to work in tandem with this zoning article.

Amherst, like many college towns, has an across-the-board housing shortage which drives up prices.  Absentee landlords buy up single family homes, convert them to 2 family homes, and rent out to 8 unrelated tenants, aka students. 

Regulatory hurdles combined with well organized BANANAs (Build Absolutely Nothing Anywhere Near Anybody) effectively strangles new supply -- especially affordable units. 

To be enacted the Inclusionary Zoning article will require a hard to achieve two-thirds vote of Amherst Town Meeting and be approved by the Attorney General.

   Amherst Inclusionary Zoning

1 Is NOT The Loneliest Number

1 East Pleasant Street, a new downtown anchor on the north end of town center

5th time was the charm for the proposed mixed use five-story building with 84 residential units located on the north end of downtown, as the Planning Board last night, finally, gave Site Plan Approval with waivers for 1 East Pleasant, Archipelago Investments 4th commercial Amherst development in just the past few years.

 Kyle Wilson, Dave Williams (behind)

Determined opposition had switched tactics for this final meeting suggesting the Planning Board hold off giving final approval of the project until September of 2015. That way, they reasoned, nearby Kendrick Place with 36 rental units would be open and clientele demographics could be ascertained.

 Kendrick Place under construction next door

Only in Amherst do NIMBYs micromanage private developments right down to the target customers.

The vote to approve was 6-0 with 2 abstentions.  Since two members were not present at the original hearing that started w-a-y back on October 1st, they could not legally vote on the project.

 Building abuts sacred West Cemetery

The approval comes with a boatload of conditions but the developers thus far have been overly attentive to details so it's unlikely they will not keep up their side of the agreement.  The developers are also pursuing LEED-Gold certification, which also comes with a great number conditions.

 A couple dozen residents showed up for "public comment" period

The Planning Board showed extra concern for how the new building would be managed.  Archipelago responded that they are "developers not property managers," and they were in the final process now of picking a management company that would handle all four of their Amherst developments.

1 East Pleasant will have an on-site manager living in one of the units and a front desk will be operational during peak hours.   The lease will not allow rental by the room, only by the unit, and anyone not on the lease will be subject to sanctions.  

The specter of rowdy student behavior clung to this project like a wet blanket.  Fortunately with the town and UMass joining forces to reign in such bad behavior that concern is getting less and less valid.  Although hard to convince neighbors of that.

Wilson and Williams in the not-overly-hot seat before Planning Board last night

Kyle Wilson repeated stressed this building would be well-managed ... something to make the town proud.  The Planning Board unanimously agreed.

A Signature Building

 Gordon Hall, 418 North Pleasant Street

Proposed Crotty Hall (from Northwest perspective)

A couple years ago Amherst Redevelopment Authority consultant Giani Longo suggested a mixed-use mega project for the North Pleasant street corridor in and around the old frat row.

And just a tad further south, closer to town center, suggested some sort of "signature building" would be nice, since it's such a well traveled route to our proud flagship of higher education, UMass Amherst.

Big green spot in middle right is former Frat Row

The current owners of Gordon Hall, where the UMass Economics Department holds court, go before the Amherst Planning Board on 12/3 to present plans for a matching beautiful building, Crotty Hall.  Together they will make a splendid statement for folks heading into the central core of UMass.

Signature twins if you will.

Unfortunately neither of them, unlike what the ARA consultant had in mind, will be on the tax rolls.  And since they are a 501 (c) (3) non-profit pursuing educational goals the Planning Board pretty much has to approve the project.

And no, they cannot make a Payment In Lieu Of Taxes a special condition for granting Site Plan Approval.

Because it's located on the road owned by Amherst, the building will be protected by Amherst police and fire personnel.  Since Gordon Hall is assessed at almost $3 million, if it were in private for-profit hands (or just a rich homeowner) it would have generated $60,000 last year in property taxes.

 They do at least pay permit fees to Building Department

When this new building goes on line you can more than double that assessed value to well over $6 million or $120,000 in potential property taxes.  Or enough to hire a few badly needed pubic safety personnel. 

Alas, Crotty Hall will pay nothing.  But it sure will be pretty.

Oops

Planning Board 9/3, David Webber Chair (center)

The Amherst Planning Board & Zoning Subcommittee will have to reschedule tomorrow's meeting due to late posting with the Town Clerk.  Although now that The Retreat is dead, the Planning Board will have lots of free time on its hands, and less likely to make these kind of rushed scheduling errors.

At last week's 9/3 meeting the PB pretty much acknowledged the controversial "Inclusionary Zoning" (affordable housing) bylaw that was suddenly pulled from last spring's Town Meeting due to business community concerns, will not be ready for the upcoming fall Town Meeting, as promised.

It also doesn't help that the nine-member board has a vacancy that needs to be filled by the Town Manager. 

Public agendas (posted on time) are important because they give the general citizenry a heads up with issues that may be important to them.

And again, with the demise of The Retreat, we see how citizen pressure at pubic meetings can bear fruit.

Although at times, a very bitter fruit.

UPDATE (2:30 PM):

Crowd Sourcing Affordable Housing Plan

Crowd attending Planning Board Public Hearing

Amherst Planning Board Chair David Webber told the crowd of about 25 concerned citizens, town officials and housing developers who attended the public hearing at the Bangs Center last night that an Inclusionary Zoning Bylaw to help stimulate low-income housing, "Is worth doing, but we need your help."

 Amherst Planning Board

Ideas ranged from a "payment in lieu" of affordable units into a trust fund,  to allowing developers to build the required units off-site away from the market rate units, or increasing the density of projects so developers could get more market rate units to offset the affordable ones.

The problems seem greater in the downtown, which is close to built out, and therefore more expensive to develop.   Critics portrayed Kendrick Place,  a mixed-use five story building which just broke ground, as the poster child for special treatment since none of the 36 units will be affordable and the project did require some minor variances from the Planning Board.

One idea floated by PB Chair David Webber is to allow a height increase in the downtown to six floors from the current five.  The crowd seemed receptive to the idea. 

Maurianne Adams also pointed out UMass and the town need to work together to allow public/private partnerships to build new student housing on or near campus that would be plentiful, safe, and pay property taxes.

Making the affordable unit requirement too strict and you end up with nothing because developers walk away, but make it too easy and they walk all over you.  So the Planning Board, like Goldilocks and the Three Bears, needs to find a proper balance that's "just right".

The Planning Board is targeting the Fall Town Meeting for an Inclusionary Zoning Article, with September 26 the deadline for article language.  In addition to the public forums soliciting advice the Planning Board will also hire a consultant to figure out the real world impacts of such an article on mixed use centers.

Amherst housing production has been practically non existent over the past generation, resulting in high rents pushing out middle class families and low income residents, the creation of students slums, and unhealthy discord in our political arena.  

Slow Down!

 Drivers ignore speed limit

So tonight's sometimes contentious joint public meeting between the Amherst Planning Board, Tree Warden Alan Snow and homeowner Mickey Rathbun to discuss the fate of ten public shade trees firmly rooted in the way of a new driveway was continued to July 17.

 A strategic mirror on the other side of driveway helps homeowners see oncoming traffic

The Planning Board gave Ms Rathbun a list of materials they need to see in order to make their decision about whether the trees can be removed:  An engineering study of the impacted area, copy of the traffic report done by the town, feedback from the DPW on if they will allow another curb cut, and photos of all the trees marked for extinction.

Ms. Rathbun complained, "It would be nice if I had a little more guidance."  To which Planning Board Chair David Webber responded, "That's the process."  Webber, who has been on the board four years, later stated this was "The most complex tree hearing in my experience."

 

Amherst Planning Board 6/5/13

After  the homeowners consulted with the Town Manger and DPW Director last year the town did do a traffic study which showed drivers do indeed drive too fast, with about 85% clocked at 40 MPH.  The town installed a 25 MPH sign, but drivers ignore it.

 Current driveway on left looking south, blind curve on right

Tree Warden Snow pointed out, however, that moving a driveway only 60 feet north with a car coming at 40 mph would still not allow enough time to avoid a crash. 

While only 4 or 5 trees stand directly in the way of the proposed new driveway the rest will be mortally wounded by root damage.  Therefor Mr. Snow insists 10 trees of varying width, totalling 127.5" would require removal.  At the current rate of $90 per inch for replacement costs, the homeowners would owe the town $11,475.

Mickey Rathbun address Planning Board, Alan Snow in background under town seal

Ms Rathbun seemed to be requesting a full fee waiver as the cost of the proposed driveway was already prohibitive.  Tree Warden Snow said according to the law a hardship waiver "was at the discretion of the tree warden."  But he also seemed to indicate it was something used for little old ladies on fixed income.

Planning Board Chair Webber then said, "We've never done a waiver."

Normally the Tree Warden has sole say in the removal of a public shade tree, with input from the Public Shade Tree Committee.  But since South East Street, originally established in 1704, is designated a "scenic road" the Planning Board also has equal say.  

Neighbor Janet McGowan agreed with Ms. Rathbun about the safety factor and even suggested the removal of the trees would "open up the views of the Pelham Hills, so the scenic aspect actually cuts the other way."

Kathleen Auble another neighbor and 15 year resident disagreed wholeheartedly:  " I don't want scenic trees taken down for a driveway."  Besides, she added "It will not be any safer."

 Marked for death

 

New driveway entrance on left current one, center, would remain

Another neighborhood expansion

This one bedroom colonial at 1156 North Pleasant street, only a stone's throw from North Amherst center or Hobart Lane and Meadow Street--ground zero for student party houses--sold in early March for $264,000, well below its accessed value of $373,500.

The new owners, Catherine and Morten Jensen-Hole, will go before the Planning Board on April 18 for a rubber stamp "site plan review" to e-x-p-a-n-d from one family (maximum of four unrelated occupants) to a two family, or eight unrelated tenants.

Even though the rental income potential doubles, the assessor does not increase the valuation of the property whatsoever, so the tax revenues to the town remains the same.  Last week the Zoning Board of Appeals approved (as did the Planning Board) just such a conversion for a yellow house at 156 Sunset Avenue, but not before neighbors made their concerns loudly known about the quality of life issues associated with non-owner occupied student rentals.

Property Card for 1156 North Pleasant Street, Amherst

Rooms for rent

156 Sunset Avenue will double in occupancy Note UMass Southwest Tower on right

Last night the Amherst Planning Board voted 6-2 to support the request by Eagle Crest Property Management--owned by James Cherewatti--to convert a single family residence into a two family abode, thus making it legal for eight unrelated individuals to take up residence.

James Cherewatti on left

A few of the members cited the Apple Corps Builders motto, "Close enough for South Amherst" (although in this case it's North Amherst) as the house only missed being allowed to become a duplex "by right" by being 16" to close to the road.

Jonathan O'Keeffe pointed out that conversions of single family (formerly) owner occupied housing is a problem all over town because the lucrative practice can attract unruly tenants bringing headaches to the neighborhood--but in this case the house is already student occupied.

And the with the close proximity of UMass it's better to have the students there rather than newly introduced into a traditional neighborhood further away.

The Zoning Board of Appeals has the ultimate authority over this conversion and will hear the case next week. It requires a unanimous vote of all three sitting members.

Currently the house is valued at $404,000 thus generating about $8,000 per year in taxes. Although the owners rent revenue will double, the assessed value will not go up because two family units are not assessed based on income generated, only four or more units.

Form Based Zoning moves forward

The Zoning sub-committee of the Planning Board voted 2-0 one absent to recommend to the full Planning Board "Form Based Zoning" for Atkins Corner and North Amherst Village Center be placed on the warrant for the upcoming Town Meeting starting next month.

And a few hours later the full board voted 5-1 to make it so (Richard Roznoy the only "No").

The Select Board will sign the warrant on Friday.

The form based code requires the maintaining of an architectural look and feel for any new development occurring in those village centers. Because it's zoning, the article requires a two-thirds vote of Amherst Town Meeting, which starts November 7.

While the areas impacted are only the two village centers at the far ends of Amherst, the passing of the article will be a positive indicator for the Gateway Project near Amherst center--connecting the commercial downtown with UMass.

The Amherst Redevelopment Authority is strongly in favor of rezoning the Gateway District, and Form Based Zoning will help enable the public private partnership to work .

Jonathan O'Keefe, Robert Crowner, Richard Roznoy, David Webber, Constance Kruger, Stephen Schreiber