Council Considers Inclusionary Zoning Bylaw And Pomeroy Village Intersection

Participating
Councilors: Lynn Griesemer (District 2, President), Alisa Brewer, Mandi Jo Hanneke, and Andy Steinberg (At large), Cathy Schoen and Sarah Swartz (District 1), Pat DeAngelis (District 2), Dorothy Pam and George Ryan (District 3), Steve Schreiber and Evan Ross (District 4), Shalini Bahl-Milne and Darcy DuMont (District 5)

Staff: Paul Bockelman (Town Manager), Athena O’Keeffe (Clerk of the Council)

Highlights

• Councilors discuss revisions to Inclusionary Zoning Bylaw
• Councilors prefer single land roundabout for Pomeroy Village intersection
• Volunteers sought for Districting Advisory Board
• Town Manager reports on opportunity to opt out of aerial spraying for mosquito control
• Council passes stormwater and illegal discharge detection bylaws
• Month of May proclaimed Asian and Pacific Islander Heritage Month
• Public comments decry insufficient funds for CRESS (alternative to policing) program

Proposed Revised Inclusionary Zoning Bylaw
Chris Brestrup and Nate Malloy of the Planning Department made a presentation about the department’s proposed Inclusionary Zoning Bylaw, which mandates the construction of affordable housing under specific conditions. Brestrup gave a history of Inclusionary Zoning, Article 15, of the Amherst Zoning Bylaw. The bylaw was passed in 2005, but the interpretation at that time was that only developments requesting a Special Permit for Use were required to include affordable housing. No affordable units were created under this article until 2013, when Presidential Apartments requested expansion. In 2015, a proposal to offer significant cost offsets for developers creating affordable units was defeated in Town Meeting because it did not go far enough. But a 2016 state law allowed developers to receive tax rebates for building affordable units, leading to the construction of  20 affordable units, still far short of the 48 per year over five years recommended by the 2015 Housing Production Plan.

An updated article in 2018 included large projects asking for Special Permits for Dimensional Requirements, and also allowed developers to create “comparable” off-site housing  instead of building the affordable units, to build half as many as required (or less) and pay a per-unit fee to the Affordable Housing Trust 

Although this broadened the number of projects that could be subject to the article in the bylaw, it still meant that most new housing projects here only have market-rate units. The Planning Department recognized that the Town has a serious need for more affordable housing and that developers here were given a lot of leeway to build only market-rate projects.. The Planning  Department recommended that 12 percent of the units in large private developments (ten or more units) be affordable for households earning up to 80 percent of area mean income , and if six or more affordable units are required (e.g. for a development of at least 48 units), 20 percent must be affordable for households that earn up to 60 percent of area mean income. The proposed bylaw and the rationale for the revision are presented here.

The proposed bylaw was discussed at several Planning Board and Community Resource Committee (CRC) meetings over the past four months, and the  Affordable Housing Trust has recommended it. At the Town Council meeting, several councilors questioned the provision to allow developers to build comparable units off-site or to avoid building affordable units by paying a fee to the Housing Trust. DeAngelis  expressed her concern that this could segregate low-income households in inferior housing. (The off-site units could be built at a distance of  as much as one-and-a-half football fields off-site.)

Malloy answered that the Housing Trust and CRC also had concerns about these opt-out provisions, and that they are often part of Inclusionary Zoning bylaws. He said that they are only allowed for half of the number of affordable units that would be required , and only in buildings that are large enough (about 50 units) to require at least six affordable units. The off-site units would have to be in the same zoning district as the main project. Also, it would be subject to approval from the Zoning Board of Appeals.. The PILOT money (payment in lieu of affordable units) to be paid to the Housing Trust was raised from three to four times the mean family income in Amherst, currently around $75,000, to bring it more in line with the actual cost of affordable housing.

Bahl-Milne asked if developers would be able to  receive density bonuses in exchange for creating affordable units, to which Brestrup replied that this would not work in the B-G (general business zone), where restrictions on setbacks and lot coverage are minimal, and that the only way to give density bonuses would be to allow buildings to have six stories, which she does not think would be appropriate for Amherst.

Councilor Alisa Brewer asked whether people who live or work in Amherst, or have children in the local schools would be given preference for the affordable units. Malloy said that state regulations for requiring local preference are complicated. The town would need to prove that it has the need for as many affordable units as are being built for every project. Instead, the proposed bylaw states that the town should consider offering preference to local residents.

The Council voted 12-0 (Swartz had to leave early) to refer the proposed revised Inclusionary Zoning Bylaw to the CRC and Planning Board, who will hold a joint public hearing at 7 p.m. on May 19.

Single Lane Roundabout Recommended for Pomeroy Village Intersection
Darcy DuMont, Chair of the Town Services and Outreach Committee (TSO), presented the results of the committee’s discussions of this project on January 25 and April 22. In addition, there were two public hearings, a presentation at the District 5 meeting in April, outreach to businesses and abutters, and a survey. The Engage Amherst site also offered a place for information and feedback. On April 22, TSO voted 4-0-1 to recommend a single-lane roundabout, similar to the one at the north end of UMass on North Pleasant Street. TSO took into account recommendations of the Transportation Advisory Committee and Disability Access Advisory Committee. 

DuMont abstained because of a lack of important information, leading to too many unknowns. 

Slobody Development, which owns buildings at the northwest and southeast corners of the intersection, was represented by Attorney Alan Sharpe, president, and Dwight Scott, secretary, who expressed a preference for a signalized intersection. Sharpe said that 479 West Street (the former Valley Transporter building) would probably lose four parking spaces if a  roundabout was built. The lot is already nonconforming, they said, and losing those spaces would make it harder to rent. Also, the other building at 7 Pomeroy supplies extra parking for the Montessori School next door. Losing parking spaces at that building could jeopardize the feasibility of keeping the Montessori School open, Sharpe said. Scott thought that the signalized intersection would be safer for pedestrians, especially the young children at All About Learning Childcare Center and the Montessori School.

This was the first discussion of the project at a full Council meeting, so no vote was taken. The project is being financed by a $1.5 million MassWorks grant.

Aerial Spraying for Mosquito Control
Town Manager Paul Bockelman reported that a new law permits the state to engage in the aerial spraying of pesticides if it documents an elevated risk of mosquito-borne illnesses,  with only 48 hours’ notice beforehand. Amherst can opt out of the aerial spraying program, but must submit an alternative plan for mosquito control by May 15. According to Bockelman, no one recalls when there was ever any aerial spraying for mosquitoes in Amherst. Last year, the only area affected was Plymouth. Amherst’s Health Director is working on an alternative management plan to present to the Board of Health at their next meeting on May 13 at 5:30. Bockelman felt it was unlikely that a satisfactory plan can be developed and submitted to meet the deadline, but he noted that dozens of communities have the same concerns and are trying to get the deadline extended. If this effort is not successful, he may call a special meeting of the Town Council on May 13 to vote on the proposed alternative mosquito control plan.

Brewer pointed out that the Council passed a Pollinator Protection Resolution last June https://www.amherstma.gov/DocumentCenter/View/51601/6a-Pollinator-Protection-Resolution_FINAL?bidId= , and this plan from the state contradicts the local resolution. She also said that the Town was advised about the state program on March 19, but has done nothing about it until now. In addition, she noted that the matter was not on the Board of Health (BOH) agenda for the May 13 meeting. (Editor’s note: The matter is now on the agenda).

Members Sought for Districting Advisory Board (DAB)
With new population data from the 2020 census, Amherst needs to evaluate and possibly redraw its voting districts. Ryan, Chair of the Governance, Organization, and Legislation Committee (GOL) said that GOL would like guidance from the Council on how members of the board should be selected. 

GOL proposed a committee of nine residents representing all five districts and three ex-officio members (the Town Clerk, a member of the IT staff with expertise in GIS, and a member of the Board of Registrars). The Board would meet over the summer and, hopefully, finish their recommendations by October, in time for the November town elections.

There was some discussion about whether candidates have to be interviewed. Councilor George Ryan said he didn’t think there was time to review applications and statements of interest, and also hold interviews for nine positions, as the new members would have to undergo mandatory training before they start meeting, which he said would have to beby July. The general consensus was that GOL could recommend members by reviewing applications and statements of interest, and possibly doing individual phone interviews. GOL will bring its recommendations to the Council at the June 21 meeting.

Ryan mentioned the need to post the positions widely and do outreach to encourage people to apply. Those interested should fill out a Community Activity Form on the Town website.

Stormwater and Illegal Discharge Detection and Elimination Bylaws Passed

The Stormwater and IDDE bylaws first presented to the Council on December 21, 2020 https://www.amherstma.gov/DocumentCenter/View/55583/8f-g-Stormwater-Management-and-IDDE-Bylaws-12_21_20-Town-Council-presentation were passed unanimously, including an addition, approved by the Town Attorney, that not only the Superintendent of Public Works but also his designee can be responsible for enforcement.

Month of May Proclaimed Asian and Pacific Islander Heritage Month
The Council unanimously passed a proclamation that named the month of May as Asian and Pacific Islander Heritage Month https://www.amherstma.gov/DocumentCenter/View/55794/6a-AAPI-Heritage-Month-Proclamation-2021_Final . Asian and Pacific Islander Heritage was first celebrated in the U.S. in 1978, and was made a month-long event in 1992. The proclamation notes that 15 percent of Amherst’s population is Asian or Pacific Islander. 

There will be a virtual celebration on Monday, May 17 at 5 p.m.

Public Comment Decries Minimal Funding of Community Response Program
The proposed Town budget includes $130,000 to fund the Community Response for Emergency Safety and Services (CRESS) program recommended by the Community Safety Working Group (CSWG) Committee. CSWG asked for $2.2 million for the programs. 

Zoe Crabtree, Lydia Irons, Allegra Clarke, Bailey Battie, and Amara Donovan spoke strongly in favor of funding the program fully. 

Vince O’Connor requested action on the suggestion he made two years ago for the creation of an Amherst Resettlement Commission to aid in the protection and settlement of refugees arriving in Town. He noted that many refugees currently coming to the U.S. are unaccompanied minors. He said there is a lot of interest in participating in refugee resettlement, but there needs to be a municipal commission to establish and coordinate a program.

Upcoming Meetings

May 19: Joint CRC and Planning Board Public Hearing

* Inclusionary Zoning at 7 p.m.

* Temporary Building Moratorium at 8 p.m.

May 24: Public Hearing on the designs for the North Common renovation

Brewer noted that the Board of License Commissioners has revised the Open Container Bylaw. Rules for obtaining a permit and the application are on the Town website.