Dispute At Amherst Hills Subdivision Nears Resolution

Report On The Meeting Of The Amherst Planning Board, April 20, 202

This meeting was held over Zoom and was recorded. The packet can be viewed here.

Present
Doug Marshall (Chair), Maria Chao, Jack Jemsek, Andrew MacDougall, and Janet McGowan. Absent: Thom Long and Johanna Neumann. Staff:Chris Brestrup (Planning Director), Nate Malloy (Senior Planner), and Pam Field Sadler (Assistant). In addition: 12 members of the public were in attendance. Councilor Pam Rooney (District 4) introduced herself as the liaison to the Planning Board from the Town Council.

Developer Asks For Release Of Lots Being Held Until Roads Completed
In the fall of 2019, over 30 residents of the Amherst Hills neighborhood off of Station Road came before several meetings of the Planning Board to complain about the poor condition of the roads in their subdivision. According to Planning Director Chris Brestrup, the Amherst Hills subdivision has been in development since the 1990s, but building was slowed by the bankruptcy of original owner Jeffrey Flowers, and the recession of 2008 followed by the death of developer Douglas Kohl shortly afterward. Construction of the roads began in the early 2000s, but only a base coat was laid. The town recommends that roads not be finished until most of the construction in a subdivision is completed, so heavy equipment does not damage the roads. However, in this case the over 20 years since the base coat was laid down allowed the roads to deteriorate so that extensive reconstruction was needed, and the DPW threatened to not plow the roads in the winter of 2019–2020 due to their poor condition. 

In order to encourage timely repair and completion of the roads, the Planning Board voted to withhold building permits and sewer connections on nine unsold lots until the developer did the necessary work. At this meeting, developer Ted Parker of Tofino Associates and his attorney Michael Pill of Green Miles Lipton LLC, approached the Planning Board to request release of those lots for sale. Parker said that the majority of the work on the roads is complete. According to Town Engineer Jason Skeels, an estimated $25,000 will be needed to complete the work on catch basins and storm water drainage that is needed. Parker offered to place double that amount in escrow with the town (as allowed by Massachusetts General Law Chapter 41, Section 81 U ) until the work is complete in exchange for releasing the lots. He said he expected to complete the work in three to six months. 

Amherst Hills resident James Masteralexis admitted that the work already completed was well done, but said he would prefer that the lots not be released until all of the needed work is done because he is concerned that the escrow amount will not be sufficient if costs increase.

Board member Janet McGowan wondered if the town should require a legal escrow agreement, but agreed that a signed agreement from Parker would probably suffice. Brestrup suggested that the Planning Board do another site visit to look at what has been done and what still needs to be completed, especially since many members of the Planning Board were not on the board during the original discussion in 2019. She also wanted to show the signed agreement on the escrow amount to the town attorney and to get more clarification on the needed work and its estimated cost from Skeels and the DPW. The potential release of the lots will be discussed at the May 4 or May 18 Planning Board meeting.

Parker said he is currently soliciting bids to complete the cul de sac on Linden Ridge Road and has asked the Town Council to have the town accept the roads as town roads, as was intended when the subdivision was proposed.

Town Plans Request For Proposals For Design Standards For Downtown
Planner Nate Malloy has developed a request for proposals (RFP) for a two-year $100,000 process for a consultant to develop design standards for the downtown area (pages 22-30 of the packet). The proposal would be for an assessment of the current conditions, research, and community outreach. The standards would be a local decision after extensive outreach, but would be guided by the expertise of a consultant.

Malloy noted that there could be different standards for different areas of downtown, but he expects the study to develop comprehensive standards which specify building height, density, setbacks, and siting on the lot. Northampton recently completed a similar multi-year project for its downtown and Florence Center. The town manager is responsible for approving the final RFP and for compiling a team to review the submitted applications and choose the one that best satisfies the town’s needs.

McGowan saId it is important to reach out to the BIPOC community when developing the new standards. Maria Chao said she was “so excited to see this finally coming into being,” and also stressed the need for public outreach. Chair Doug Marshall worried that, with the 20 to 25 meetings stipulated in the RFP, the development of design standards seems more like a $200,000 project, but Malloy said he thinks that  some aspects could be done by town staff and then communicated to the consultants. He also said he thinks that https://engageamherst.org/ could be used to get public input, including surveys.

Rooney suggested that “adapted reuse” should be added to the RFP as a priority  for  the design standards. Dorothy Pam said she hopes the consultants will reach out to residents who live near downtown and will be most affected. Malloy asked Planning Board members to  email their suggestions about the RFP  to him or Brestrup before the next Planning Board meeting on May 4.

McGowan Chosen To Represent The Planning Board On the Solar Bylaw Working Group
The Solar Bylaw Working Group (SBWG) is a seven-member committee tasked with developing a solar bylaw for the town by May, 2023. The committee will have representatives from various relevant town committees and boards, including one from the Planning Board. Staff liaisons are Sustainability Coordinator Stephanie Ciccarello and Brestrup. 

McGowan and Marshall both expressed interest in representing the Planning Board on the committee, but Marshall was hesitant due to his obligations as Planning Board chair. The board recommended that McGowan serve on the Working Group by a 4-0-1 vote (Marshall abstained). Malloy pointed out that the SBWG will be a public committee with posted agendas and minutes, and that all are welcome to attend the meetings and provide comments, even if they are not voting members.

A solar siting survey will be completed by May, 2023 as well, so the SBWG can integrate those findings in the bylaw.

Fees For Legal Ads For Public Hearings
As discussed near the end of the April 4 Planning Board meeting, the costs of the required legal ads in the  Daily Hampshire Gazette greatly exceed the amount in the Planning Department budget. The state requires that every public hearing be posted in the local newspaper 14 and 7 days prior to the hearing. The town currently charges applicants $75 for the ad, but the average cost is $489. Brestrup suggested either raising the fee to between $200 and $500 or to have applicants pay the Gazette directly.

The Conservation Committee informs the applicant of the actual cost of the ad to be paid to the Gazette. Hadley and South Hadley charge for the actual cost of the ad. Sunderland charges $150. Deerfield has the applicant pay the Greenfield Recorder directly.

Andrew MacDougall suggested asking the newspaper to charge a set fee and for the town to offer a reduced fee for smaller applications. McGowan thought the Planning Department should collect the fee, not have the applicant pay the Gazette directly, but noted that the fees could be expensive if the applicant also needs to go before the Conservation Commission. Marshall thought the fee should be a flat $500. He said, “I am not happy about the amount, but it covers the cost.”

Malloy said these costs are becoming a concern across the state; and as several local papers have gone out of business, especially in the eastern part of the state, some towns have to advertise in regional papers, such as The Boston Globe. He hopes the state will change its requirement that legal ads be printed in the newspaper.

If the fees are increased, the new figure will apply to applications to the Zoning Board of Appeals, the Historical Commission, and the Local Historical District Commission, in addition to the Planning Board. Brestrup will discuss the Planning Board’s suggestions with Assistant Town Manager Dave Ziomek and bring the topic back at a future meeting.

The meeting was adjourned at 9 p.m. The Planning Board will next meet on May 4.