OPINION: 40R ZONING NOT OUR ONLY OPTION FOR SPURRING AFFORDABLE HOUSING

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40R buildout 2039

Artist's conception of 40R buildout for Triangle and North Pleasant Streets in Amherst, 2039. Photo: amherstma.gov

Having participated in two of the three meetings held by the 40R consultants, I heard many concerns about losing the downtown’s small-town character, which some described as “funky New England.” People wanted more density in downtown but I heard little interest in more five-story buildings lining both sides of Triangle Street and North Pleasant Street. At the December 19, 2019 meeting with the 40R consultants, most people were taken aback by the slides showing four story build-out on the west side of North Pleasant St. and the north side of Triangle Street. 

Even though the consultants and Planning Department had picked the downtown for rezoning to a 40R overlay district, no one told the downtown neighbors or invited them to this meeting. 

In 2017, the Planning Department held two downtown meetings, and the feedback shows most people do not want more big buildings in the downtown.  People like Amherst’s “small town feel.”  A survey showed One East Pleasant Street and Kendrick Place as the least-liked buildings, closely followed by the one now being built on Spring Street. (The low building housing Zanna did not fare well either.) 

How then, did the 40R consultants come back this month with a line of even higher five- story buildings along much of the west of North Pleasant Street that will face the five-story buildings across the street, and then five-story buildings on both sides of Triangle Street? Whatever the strengths and weaknesses to the current 40R proposal, the consultants definitely seem to have tin ears.

What happened to the “need to guide new development in a manner that respects the Town’s history and existing community character” called for in the Master Plan? Or “community and stakeholder collaboration in development decisions” called for in the state 40R statute? Will Amherst’s downtown look like what our community has consistently said it doesn’t want in meeting after meeting and in the Master Plan? Who’s vision is this?

Lots of questions. Will a canyon of five- story buildings repel or attract shoppers and tourists?  Is our only choice between economic development and our funky, New England town? Do we have to supersize downtown and fill it with expensive apartments just to build affordable units?

No. 

We can build affordable housing throughout Amherst. Our Zoning Bylaw can require this. Town Meeting tried to require all projects with Special Permits to include affordable housing, but the Planning Board chose to limit this requirement narrowly to just certain types of Special Permit building projects. Right now, affordable units are part of the new buildings going up on University Drive, at the old Amherst Hotel—but not part of new buildings going up on Main Street and South East Street (near College Street).  Does this make sense?

At the same time it was narrowing the Special Permit requirement, the Planning Board added on to the Master Plan both the Amherst Housing Market Study and Housing Production Plan—and both reports recommend a 15% affordable housing requirement for all new developments. The Town Council can start creating more affordable housing by voting now to change the Zoning Bylaw to implement this 15% requirement—or at the very least extend the existing 10% Special Permit requirement to all types of building permits.

In a March 4th meeting, the Planning Department, Building Inspector, and Planning Board members talked about the need to hire a consultant to work on downtown zoning issues and resolve questions about density and building size with our community. This would be a welcome and needed step. The 40R consultants may also plan for another community meeting and hopefully will respond to community concerns. At all future downtown meetings, downtown residents need to be heard and finally welcomed to take their seats at the table.  

Janet McGowan is an Amherst attorney who has worked as a mediator and in litigation on commercial, environmental and indigenous issues. She is a parent, compulsive volunteer and a member of the Amherst Planning Board.

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