ZBA Extends Permit For Solar At Hickory Ridge

Report On The Meeting Of The Amherst Zoning Board Of Appeals, August 25, 2022

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

Highlights

• Due to supply chain problems, the solar array at Hickory Ridge Golf Course is behind schedule. Its permit was extended for another year.

• Mike and Tracy Holden were approved to construct a single-family home on their North Amherst lot, currently containing a duplex.

• ZBA will raise permit fees from $75 to $300, but will work to develop a differential fee structure for individual residents and for-profit businesses.

Present
Steve Judge (Chair), Tammy Parks, Dillon Maxfield, Craig Meadows, and John Gilbert. Sarah Marshall attended her first meeting as an associate member.

Staff: Maureen Pollock (Planner) and Dave Waskiewicz (Building Inspector)

Delays At Hickory Ridge Solar Project Require Permit Extension
Fort River Solar LLC representative Lawrence Cook came before the Zoning Board of Appeals (ZBA) to request an extension of the 2019 permit granted for construction of a 27-acre solar array at the former Hickory Ridge Golf Course on West Pomeroy Lane. Because of delays due to the Covid-19 pandemic and supply chain issues, the project is behind schedule, and Fort River Solar is asking for a one-year extension on the permit. 

Also, the previously issued permit specified that no herbicides were to be used at the site, but management of invasive plant species has changed since that time, and herbicides are now the preferred method of dealing with many invasive plants. Review by the state Department of Environmental Protection and the Amherst Conservation Commission recommended some use of herbicides at the site, so Cook requested that the prohibition of herbicides be removed from the conditions on the permit. The business has an herbicide management permit.

When ZBA member Craig Meadows suggested that a one-year extension may not be enough to substantially complete construction, Cook replied that several other permits are expiring within the year, so the business is under pressure to begin construction soon.

In public comment, Michael Lipinski asked about the condition of the small bridge needed to access the site. Cook said that the bridge was deemed safe for construction vehicles in a 2019 inspection, but has now deteriorated. Fort River Solar plans to build a new timber deck and guardrail and may lay a temporary bridge over it to protect the new bridge for future use.

The ZBA agreed that the request for extension of the permit was reasonable and voted unanimously to grant it.

ZBA Grants Permit To Construct A Single-Family Home On Lot With A Duplex
After receiving favorable comments from the Planning Board , Michael and Tracy Holden came before the ZBA to request a special permit for construction of a single-family home for their family at the rear of their property at 1147 North Pleasant Street, which currently contains a duplex. The duplex is a Greek Revival-style building built in 1835. The Holdens remodeled it in 2014 to contain a two-bedroom and a four-bedroom unit. The lot has enough area to accommodate the single-family home, but does not have enough frontage. The additional house would be allowed if the ZBA deems it provides a “complementary use” to the property. 

Michael Holden is a contractor who specializes in deep energy retrofits. He has worked extensively on at least six homes in Amherst. When the larger unit in the duplex became available last year, he moved his family into it. He said they have loved living in Amherst and want to stay. His four children attend Amherst schools, and the location in North Amherst is very convenient.  The unit in the duplex does not suit their needs, so they would like to construct a four-bedroom, 3.5-bath house at the rear of the lot.

Several members of the Planning Board felt that one unit on the site should be owner-occupied, and Holden said he was amenable to that condition. He thought that having his family home on the property would strengthen the neighborhood and lead to better care of the site. 

Aside from a slight increase in the size of the parking area, no modifications are planned for the street side of the lot. The new house will be built in a modern colonial style with the garage on the west side facing the street; the house will be screened from the street. The south-facing roof can accommodate solar panels. Some trees will probably be removed during construction, but screening trees will be added. The stormwater plan includes a swale on the east side of the property leading to a rock rain garden. The town engineer has approved the stormwater plan, but a water and sewer plan has not yet been submitted.

There are six parking spaces on the site, and a two-car garage will be added with the house construction. Holden said that parking has not been an issue at the site, and there is a bus stop directly across the street.

In discussion, ZBA chair Steve Judge noted that no rental permit for the property is on file. Holden said that was an oversight, and he will apply for a permit in the future. Judge asked Planner Maureen Pollock and Building Inspector Dave Waskiewicz for the definition of “complementary use”. They replied that there is no legal definition. Judge said he assumed that since the proposed structure is residential, it is complementary to the current residential use of the property. No other ZBA member commented.

In public comment, Jessica Mix Barrington of Pine Street noted that the surrounding homes on North Pleasant Street and Pine Street are part of a National Historic District, and are in Greek Revival and colonial styles. She felt Holden’s new house should be built with features such as clapboard siding and paned windows to blend in. She also wanted part of the property to be owner-occupied in perpetuity. Pollock explained that a new owner would have to apply for a new special permit, so that the owner-occupancy requirement would need to be part of the new permit. 

Kathleen Carroll of Fisher Street worried that the property could be subdivided and sold as two separate properties, but she was told this would not be permitted under current zoning law because of the lack of road frontage. 

Holden’s application was approved unanimously with several conditions. In addition to part of the property being owner-occupied, it must have a rental registration permit for the rental units. Unrelated occupants of the duplex are restricted to four in the larger unit and two in the smaller. Total number of guests permitted is eight for each unit, and overnight guests are restricted to seven days. Other conditions deal with location of trash containers, lighting, and parking. Construction must begin within two years.

Permit Fees Raised But ZBA Has Reservations
Pollock said that the current fee for a ZBA application of $75 does not approach the actual cost of the required legal ad that can run to $500 or $600. Consequently, the Planning Department (PD) has lost about $10,000 in covering this shortfall. The PD has requested that the ZBA raise its permit fee to $300, as the Planning Board has already decided to do. 

Judge said he thinks  that ideally there should be differential fees, so that for-profit businesses pay a higher fee than residents who are requesting changes for their home. He also thinks the ZBA’s fees should be in line with the Planning Board’s. He noted that Amherst’s fees are much lower than those of surrounding towns.

ZBA member Dillon Maxfield disagreed with raising the fees to $300. He cited the unfairness of this rate for individuals and said he wants to wait until a better plan is developed. He proposed having differential rates, but the proposal was defeated 1-4. 

Pollock responded to Meadows’ suggestion that the applicant pay for the required legal ad,  saying that would create more work for the PD, which would have to “chase down”  the applicant and get them to pay the fee, and would cause meetings to be canceled if the ad is not paid for and posted in time. She said that applicants can apply for reduced fees for hardship, and it is up to the ZBA to decide whether or not to accept the reduced fees.

The ZBA voted 4-1, with Maxfield dissenting, to raise permit fees to $300, but authorized Judge to meet with the Planning Board to develop a tiered fee schedule depending on the type of permit and bring back that plan within two months.

Other changes to the ZBA Rules and Regulations involved replacing “he/she” pronouns with “they” or specific referrals to “Chair”, etc. Also recommended was revising the number of votes needed for modification of a special permit to the number required for the original permit. (Most special permits require four votes.)

The meeting adjourned at 8:57 p.m. The ZBA next meets on September 8.