Stop! In The Name of NIMBY

Only eastbound traffic has a stop sign at Pine/Henry Street intersection

The same folks who cost Amherst taxpayers $32,000 in land court legal fees to protect their "historic" North Amherst neighborhood from a housing development that would have generated $400,000 in annual taxes, now wants to turn their little slice of paradise into a slow go zone for evil automobiles.

A three-way stop, speed bumps, and the closing off of the most northern end of Henry where it intersects with Market Hill Road would definitely scare off traffic.  But both the DPW and Public Works Committee gave the self-serving idea a resounding "NO".

The Select Board has final authority.  They are, however, awaiting a major transportation study report coming out soon from Nelson/Nygaard Consulting Associates and may use this as a test case for how to handle traffic mitigation requests town wide.

For the time being they accepted the recommendation of the DPW and Public Works Committee.

Let's hope the petitioners don't file suit against the town.  Again.  

 Pine/Henry Street intersection looking east

#1 Business Story of 2014

 Landmark Properties retreated from their upscale student housing project in N. Amherst

Once again we have a tie with both business related stories involving housing, the #1 "overall issue" of the year -- if not the entire decade. A serious issue we probably share with many "college towns" across the country.

After more than a year of heated packed public meetings, with hundreds of ugly lawn signs polluting the landscape for most of that time and with the developer, Landmark Properties, sinking almost $1 million in initial costs, the demise of "The Retreat" was a BIG story.

 Kendrick Place, north end of downtown

But the rise of Archipelago Investments LLC, fittingly symbolized by their five-story, mixed-use developments, was certainly an equally m-a-j-o-r story.

In fact their three projects combined that have garnered Planning Board approval -- Olympia Place with 75 units, Kendrick Place with 36 units, and One East Pleasant Street with 80 units -- almost make up for the 641 beds that The Retreat would have produced. 

 Carriage Shops:  Future home of One East Pleasant Street

One East Pleasant Street as seen from historic West Cemetery

And with the very recent legal action taken against Archipelago by a tired old-school competitor desperately trying to maintain market share, safe bet that  One East Pleasant Street project will continue to be a BIG story in the new year.

 Olympia Place site work  near UMass

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)

Environmental Make Good

Representative from W.D. Cowls and Landmark Properties appear before ConComm

Amherst Conservation Commission

A half dozen employees representing the interests of the current landowner, W.D. Cowls, and the buyer/developer, Landmark Properties, who wish to build a student housing project on 147 acres of woodland in North Amherst came before the  Conservation Commission again to explain how damage occurred to wetlands and how they will ensure it does not happen again.

W.D. Cowls, the largest private landowner in the state, has always allowed the general public to use the property for recreation.  And mountain bikes, all terrain vehicles and jeeps can leave behind ruts which the commission considers unacceptable in protected wetlands.

Cowls may reconsider keeping the property open to the general public and could install gates or cables at the three main entry points to keep out motorized vehicles.

Conservation members site visit to damaged area 6/25

But much of the (self reported) damage was caused by a contractor doing geo-technical drilling for the proposed buyer of the property, Landmark Properties.  Commission member Christiane Healey said, "I'm perplexed.  Don't you have experience with this?"

"We don't do this very often," responded the contractor, Mike Talbot.  "In my 30 years this if the first time doing work around wetlands on such a large tract of property.  We crossed wetlands to get to drilling sites.  We thought using logging roads was okay."

Talbot said from now on "wetlands" had been added to their job sheet checklists for awareness and a wetlands expert or land engineer would be consulted before any work took place in sensitive areas.

The "Preliminary Restoration Plan" was pronounced "thorough" by town wetlands administrator Beth Willson, but she preferred all restoration work be done by hand rather than mechanized equipment -- especially considering it was mechanized equipment that caused the damage in the first place.

The commission agreed and made that a part of their requirements as well as a paragraph about maintaining communication with the Conservation Commission and obtaining permits anytime work is performed in and around wetlands.

 About 25 concerned neighbors show up

The environmental consultants will return to the  July 23rd meeting with a final Restoration Plan and begin the work (by hand) immediately after approval by the Conservation Commission.

 Vince O'Connor worried about Fire Department access in case of a forest fire

Damage Assessment

 Heavy machinery and wet logging roads do not mix

The Amherst Conservation Commission and wetlands administrator Beth Willson took a guided tour -- otherwise known as a "site visit" -- this morning, led by environmental consultant Tony Wonseski to assess the damage caused by a subcontractor's heavy duty drilling machine in and around wetlands on the proposed site of the controversial "The Retreat" student housing development.

Tony pointed out seven impact areas in total but only five seem to require remediation, although that will be up for discussion at tonight's Conservation Commission meeting.

 One of the less damaged sites

And some of the damage could also have been caused by ATVs or other equipment not associated with Landmark Properties.  Anytime site work is performed anywhere near a wetlands the Conservation Commission should be notified in advance to allow their input.

 One of the more damaged sites

The damage was only recently discovered.   Landmark immediately reported it and they have already done stabilization work around the intermittent streams.

Tonight they will present plans to avoid a future recurrence, one of which is to have an environmental expert on site whenever work is being performed next to wetlands.

 

Biodegradable stabilization bales

Tony pointing out another less damaged area

One of the test drill sites

Damaged area along power line access road

Important Planning Hire

 147 acres of woodland under purchase and sale agreement for $6.5 million

Last week the Amherst Planning Board voted unanimously (5-0 with 2 absent) to hire Fuss & O'Neill as their go to person for helping sort out all the planning issues associated with the largest and most expensive rental housing construction project in well over a decade, The Retreat in northeast Amherst.

A hiring committee consisting of two Planning Board members and four full-time professional town planning staff made the recommendation for Fuss & O'Neill over two other applicants.

The "scope of work" clause gives an ambitious time table, with a preliminary report within 30 days of starting and a final report 30 days after that.

As soon as Landmark Properties cuts a check for $20,700, the clock starts ticking ...

A Little Inadvertent Damage

Intermittent stream stabilization work performed on Friday at the proposed site of The Retreat

Landmark Properties will appear before the Amherst Conservation Commission on Wednesday to explain the minor damage that occurred near sensitive wetlands on the expansive property they are currently prepping for a major student housing development, The Retreat.

At the contentious May 29 Conservation Commission meeting, a room full of unfriendly neighbors took pot shots at the proposed development by way of environmental concerns.  They even questioned the work ethic of some of the environmental consultants hired by Landmark.

 ConCom hearing 5/29/14

So after the meeting, two of the experts who did the environmental investigation went back out to the site packing a GPS system to double check their previous field work.  They discovered recent damage that was not present on their original walk about last Fall.

Apparently a sub-contractor performing a geotechnical investigation got a little to close to a couple of streams with heavy duty drilling machinery.

 Logging roads wind their way through the extensive woodlands crossing streams

To their credit, Landmark Properties immediately "self reported" the unfortunate incident to wetlands administrator Beth Wilson.  She passed it along to the Conservation Commission, who then issued an "Enforcement Order" to come before them to explain how the incident occurred and plans for restoration of the damaged area, which Landmark Properties is anxious to share.

And yes, they have already enacted safeguards to ensure the problem does not reoccur.

Not exactly a "babbling brook," but an intermittent stream nevertheless

Coulda' Been a College

 

Cowls Tree Farm northeast Amherst

W-A-Y before signing a $6.5 million purchase and sale agreement with Landmark Properties for 147 acres of woodland now destined to become The Retreat, a high-end student housing development, the W.D. Cowls company offered to donate the land for a proposed new unnamed college that seven years later materialized in South Amherst as Hampshire College.

Yes even back in 1958 the property was ripe for development.  Today Hampshire College hosts 1,400 students -- or twice the number of the proposed Retreat, with 641 total tenants.

The Retreat Marches On

 The Retreat, Definitive Plan

UPDATE 9:30 PM

As expected about 40 North Amherst residents showed up to the Conservation Commission meeting tonight to hear the team of 5 Landmark Properties consultants discuss the environmental issues relating to the property.

 Conservation Commission meeting 7:45 PM

About a half dozen neighbors spoke during public comment -- sometimes questioning the quality of the work performed -- but nothing was settled one way or the other.

 Landmark also hired a stenographer to record the meetings

A town picked "3rd party reviewer"(paid for by Landmark) will go over all the findings, retrace the field work, and report back to the Conservation Commission.   So tonight's public hearing was continued until July 23rd

NIMBYs hope maybe the town hired consultant will discover a unicorn lair on site.

Ira Bryck floats conspiracy theory the Cowls is trashing streams.  Response was, umm, No

#####

Retreat at Amherst, LLC -- aka Landmark Properties -- filed their "Definitive Subdivision Plan" yesterday with the Amherst Planning Department just under the May 29 deadline to avoid coming under new zoning bylaws (and permit cost increases) since filing their preliminary plan back in November.

They also wrote checks to the town totaling $82,536 for application and inspection fees, which underscores just how serious they take this badly needed housing project, situated on 147.3 acres of woodland in northeast Amherst.

 

Retreat:  plans

Retreat:  More plans

Landmark will also be paying (in the tens of thousands) for a planning consultant to help the Planning Board deal with a wheel barrel full of paperwork.

 Google Earth view.  Main entry now relocated to top left near town water treatment plant

The preliminary cluster plan had 123 lots with a total of 175 housing units with 71 of them single-family and 104 duplex for a total number of 641 occupants.  The definitive plan has the same numbers of units/occupants but spread out over a larger area.

Perhaps the most controversial aspect of the project is the targeted demographic for "occupants":  UMass students. Landmark Properties bills itself as, "one of the leading student housing development and management companies in the nation."

As such they are intimately familiar with NIMBY tactics and don't seem to mind investing years of effort (and tons of money) into making a project happen.   Since the initial deal was first hatched in February, 2013 we are already over a year in with no bulldozers in sight.

A traffic study by BETA Group concluded, "With the mitigation proposed the future traffic conditions resulting from the proposed residential development will provide for adequate and safe access to a public street, and will not have a detrimental effect on public safety and welfare in the study area."

One of the usual NIMBY complaints is higher traffic would increase accidents.

 The Next Steps:

   The Retreat- Planning Board Actions

This evening, Landmark Properties will present to the Amherst Conservation Commission their consultant's "wetland delineation" for the project, and naturally the NIMBYs will be out in force, loaded for bear. 

W.D. Cowls, Inc property off Henry Street.  Under contract for $6.5 million to Landmark Properties

Political Battle of the Year 2013

Nothing in Amherst brings out the wrath of NIMBYs quite like a proposed housing development -- especially when the prospective clients are, gasp, students.  Even though two recent housing studies overwhelmingly concluded Amherst needs more housing -- especially student housing.

The Retreat, a resort like enclave of stand alone cottages clustered in the woodlands of North Amherst targeting a UMass student clientele, was announced in late February.   The reaction was instant and overwhelming.

As in negative.

By the time of the first informational public hearing at the Jones Library in April a coalition of concerned citizens, "Save Historic Cushman," formed and their ubiquitous calling card, red & white 'Stop The Retreat' lawn signs, had already been planted.


Neighbors of proposed development already seeing red April 16, "informational" meeting Jones Library

The first major political confrontation would be at the annual spring Town Meeting where warrant articles only require ten signatures to get on the official warrant.

Article #43 called for the town to "Purchase a Conservation Restriction" on 154 acres of woodland for $1.2 million in northeast Amherst that is already under a purchase-and-sale agreement for $6.5 million.  Once again to stop a large development of badly needed housing.

At the June 3rd session of Town Meeting the esteemed body not only failed to muster a two-thirds vote to take the 154 acre parcel by eminent domain, but they terminated (with extreme prejudice) the naive heavy-handed proposal by supporting my "move to dismiss" the article by a 98-90 vote.



Plan B then became convincing the Select Board to invoke the "Right of first refusal," since the forested property had been in a state conservation program for many years.  Of course that "right" would be a tad expensive as the private deal between Landmark Properties and W.D. Cowls, Inc amounted to $6.5 million dollars.

Neither the Planning Board or Conservation Commission could be convinced to recommend to the Select Board the expensive purchase. Although the July 29 Select Board public meeting was packed with angry neighbors, the Select Board wisely choose not to play that expensive card.

Once again the "Save Historic Cushman" crowd was resoundingly told "No" by town government.

At the beginning of this month (December 2) the Select Board once again held a public hearing to decide whether they should make a recommendation to the Planning Board, who now holds the fate of the project in their hands.

Once again the usual suspects showed up in force voicing the usual concerns.  The Select Board decided to send Chair Stephanie O'Keeffe to the December 4th packed-beyond-building-code-limits Planning Board meeting to remind the board just how important this issue is and that they need to get it right.






Since Planning Board members are old enough (well most of them anyway) to remember the classic Frankenstein scene of angry villagers armed with pitchforks marching towards the castle under the bright glow of crackling torches, perhaps no such reminder was necessary.

Landmark Properties presented their "preliminary" cluster development design to which the Planning Board issued a set of recommended alterations.   Landmark will come back in this New Year with a "Definitive Plan" incorporating those tweaks.

The battle continues ...

Planning Board Receptive to The Retreat

Crowd outside the overly packed Town Room (Jim Wald photo)

Tonight  in a marathon overly-packed four-hour meeting the Amherst Planning Board heard all the usual complaints about the The Retreat, including traffic congestion, the supposed dangerousness of 10% grade roads (vs 8%), perpendicular parking vs parallel, too much parking (768 spaces for 641 residents) and, as always, the destruction of community in the adjacent historic Cushman Village.

This Preliminary Plan presentation was just a formal starting point for a long involved process that includes every aspect of Amherst town government: Police and Fire Chiefs, DPW, Conservation Commission, Board of Health, Building Commissioner and even the Pioneer Valley Transit Authority.

The developer had requested numerous waivers and modifications to codes -- reductions in lot sizes and increases in maximum road elevations (from 8% to 10%), and a few long dead end cul de sacs -- in order to make a "cluster development" work.

A cluster development allows for denser construction, thereby preserving open space.

The Planning Board "proposed conditions" include:  Streetlights at the end of all cul-de-sacs; but the "less dead ends the better", so the board also suggested adding more interconnectedness with other streets to reduce the number of cul de sacs.

Foot traffic was also addressed as the board suggested paved pathways throughout the development with one running outside to the Cushman Store in the village center. 

Parking must allow emergency access for police and fire vehicles with islands every 10-15 car lengths.  Handicapped spaces must be provided and a plan for snow removal.

"Careful landscaping" that preserves as many trees as possible, but the board also recommended clearing some areas of the woodlands for other recreation/socializing opportunities.

Oddly enough the board thought the developers were providing "too much" parking (1.2 cars per bedroom) and should "come back with less."

The Planning Board also championed the Select Board's concern about future ownership, wishing to avoid what happened at Townhouse Apartments when the complex went condo.  The developer was amenable to a deed covenant preventing the units from being sold off piece by piece.



The Retreat will not be a "gated community" as the Planning Board was unanimous in rejecting the idea.  The board was also pleased to hear all units would have sprinklers, which are not required but were highly recommended by Amherst Fire Department Assistant Chief Don McKay.

The rejection of a reduction in lot widths from the current 100 feet will have the greatest impact on the overall design. Landmark Properties will return with a "Definitive Plan" that incorporates tonight's suggestions.

If the Planning Board does not approve it, the developer could file a regular subdivision plan that would give them the same number of lots (123) but spread out over the entire 146 acre parcel.

 Jon Williams, Athens GA, the face of Landmark Properties (center) flanked by attorneys Peter McConnell (left) Michael Pill (right)

Tried to live Tweet the meeting but hard to perform as a sardine

Packed well beyond capacity Town Room #AmherstMA for Planning Board hearing on The Retreat development. pic.twitter.com/y6qOnXG7so
— Larry Kelley (@amherstac) December 5, 2013

Ch 40 Reports on "tense meeting"

Planning For The Retreat

 About 50 people attended tonight's Select Board hearing on The Retreat

After over two hours of public discussion the Amherst Select Board took no official vote this evening on a recommendation to the Planning Board concerning The Retreat, a "Cluster Subdivision" in Northeast Amherst consisting of 123 lots holding 175 housing units with a total of 641 beds. All of them rented to students.

Neighbors once again packed the Town Room and speaker after speaker brought up a litany of complaints over parking, noise, "unsafe" private roads, and the overall impact of forever changing the character of a historic neighborhood, Cushman.

Even Select Board Chair Stephanie O'Keeffe acknowledged that if the roads in the development are private rather than town accepted public roads, the Amherst police department could not enforce "open container" laws.  And to that Ms. O'Keeffe admitted, "I'm disappointed."

Although she was quick to point out "noise" bylaws could be enforced on the private property.

The Select Board took note of all the complaints and Ms. O'Keeffe will prepare and present a statement to the Planning Board at their Public Hearing on Wednesday night, where no doubt the same crowd will show up to once again voice their disapproval of the student housing project.

Early in the discussion O'Keeffe summed up what tonight's SB meeting was really all about:

"What we’re really doing is sending a message:  It's the obligation of the town to ensure that this is as responsible a project as it can be.  We are all watching this.  This is BIG, significant, and impactful.  Of great concern and interest to many." 

And perhaps the key statement of the night, a sentiment shared by everyone in the room:  "We have an obligation to get it right." 

As does the Planning Board, who will pick up the hot potato on Wednesday night.

Can You Hear Us Now?

Atkins Farm Country Market deep South Amherst

Since the founding of our country the "right to petition our government"  under the vital protection of the First Amendment has been a cornerstone of American freedoms.

The infamous -- some would say sacrilegious -- cancellation of West Side Story at Amherst Regional High School in 1999 started out with a petition circulated by an attractive 17-year-old that garnered 158 signatures in one day.

Of course a year earlier that same High School had 300 kids sign a petition to Superintendent Gus Sayer demanding reinstatement of off campus privileges so kids could smoke (presumably cigarettes).

The ancient tried and true petition approach has, unlike newspapers, transitioned brilliantly into the digital age.  MoveOn.org, a somewhat (sarcasm) left leaning organization sponsored by gazillionair George Soros, has made it as easy as eating apple to pie to start an online petition.

And you can tell it attracts a broad spectrum of petitioners -- not just uber liberals -- because currently Cinda Jones, a somewhat Conservative, has one gaining steam.

Her (naturally) business oriented petition seeks  to entice Atkins Country Market in South Amherst to open a satellite operation on the other side of town.  More specifically, in her about-to-be-built Trolly Barn, a mixed use 12,000 square foot commercial/residential building. 

Not one to take chances, the petition originally had a goal of 50 signatures which was attained within hours of going live, then reset to 100; and after that goal was quickly reached, reset again to 200.  And probably will be reset once more to 500 when that milestone is reached.

Interestingly North Amherst neighbors staunchly opposed to Ms. Jones other endeavor -- selling land for 175 units of student housing known as The Retreat -- have signed the petition.  So it must be a good idea.

At the very least each petition signatory should get a coupon for a free cider donut.  Or, perhaps, a used "Stop The Retreat" lawn sign. 

Charge Of The Retreat

Landmark Properties recently filed a "Preliminary Subdivision Plan" for The Retreat (along with a check for $10,000), an upscale student housing development bitterly opposed by many North Amherst "neighbors."

147 acre woodland was sold by W.D. Cowls, Inc to Landmark Properties for $6.5 million 

The Amherst Planning Board has 45 days to respond, thus the upscale project will come up for public discussion in December.  This is only a preliminary round of hearings where the Planning Board offers advice and guidance, so it's not a drop dead approve/disapprove thing.

 Henry Street welcome sign

Sure to be controversial -- or I should say more controversial -- are the two "secondary entrances" on Henry Street and Flat Hills Road.   Primary access is on Market Hill Road where a service stub was put in when the Atkins Water Treatment plant was constructed back in 1994 on land sold to the town by W.D. Cowls, Inc.

Market Hill Road access near Atkins Water Treatment Plant

Henry Street is of course the home of Amherst's famous Salamander Tunnels, a save the salamander project that brought Amherst international media attention 25 years ago.

Landmark plans to work closely with the Hitchcock Center for the Environment to ensure the little critters do not become extinct in North Amherst (although they are not endangered anywhere else in the country).

 Why did the salamander cross Henry Street?

The proposed "Cluster Subdivision" consists of 123 lots, comprised of 175 total housing units -- 104 duplex, 71 single family -- for a total of 641 beds.  By clustering the units in a tighter manner more of the natural environment can be forever preserved.

This plan will, however, require Site Plan Review waivers from the Planning Board over frontage and setbacks.  Otherwise, to achieve the same number of units allowed by right, much of the open space would need to be sacrificed.

According to the recent state certified Housing Production Plan: "Housing supply has not kept up with increasing demand, resulting in higher housing prices and residents paying more than they can afford to live in Amherst."

Solutions?  The Housing Production Plan continues, "Appropriate housing for students, both on and off campus, in order to reduce the demand on the housing market in Amherst."

Amherst's number one demographic -- because of the University of Massachusetts -- consists of "college students" by a whopping 59.4% of our total population.  Landlords cater to this market by buying up older homes in the heart of residential neighborhoods, expanding their capacity and cramming them full of students.

Providing safe, convenient housing for 641 students with on-site management at The Retreat could free up 160 single family houses that could revert back to their original target audience:  families.  

The housing crisis in Amherst is the single most vexing problem to arise over the past generation.

We must not retreat from simple sound solutions.

The Retreat: a blueprint for positive change