ZBA Approves Permit for Affordable Duplexes on Ball Lane

Report on the Meeting of the Zoning Board of Appeals, March 14, 2024

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

Present
Steve Judge (Chair), Everald Henry, Philip White, and Craig Meadows. Associate member Hilda Greenbaum.

Staff: Rob Watchilla (Planner), Chris Brestrup (Planning Director), and Carolyn Murray (Town Attorney)

The Zoning Board of Appeals (ZBA) unanimously approved the Comprehensive Permit for Valley Community Development Corporation to construct 30 affordable duplexes in North Amherst for a subdivision to be known as Amherst Community Homes. The duplexes are being built under the Commonwealth Builders Program of Mass Housing, whose primary aim is to increase homeownership among minority populations and decreasing the race-based wealth gap in Massachusetts. This principle guides the selection of applicants for affordable homes although race cannot be used as a factor, according to Fair Housing Law. Ten of the units are reserved for those making 80% of area mean income (AMI) ($83,750 for a family of four), and 20 units for those making 100% of AMI ($104,700) for a family of four. Applicants must be first-time homebuyers, have sufficient resources for a down payment and to qualify for a conventional mortgage, and attend a first-time homebuyer class from Valley CDC.

This meeting was the fifth one that the ZBA devoted to this project. The board clarified questions remaining regarding giving preference to residents who live or work in Amherst or have children in the Amherst schools and also conditions required by the Conservation Commission.

ZBA Votes for Local Preference for up to Seven Units
At the December 21 ZBA meeting, it was unclear how many of the 30 duplexes would be given local preference, prioritizing people who live or work in Amherst. Jessica Allan of Valley CDC said that only the 10 units reserved for those making 80% or less of AMI would be included in local preference; and because the cap is 70% of available units, only seven duplexes would be given local preference. The local preference would only be applied for applicants who met the required family size (one more person than the number of bedrooms in the unit) and were from a qualified census tract (North Amherst or central Amherst) or considered a “disproportionately impacted household” by Mass Housing.

Board member Everald Henry objected to applying local preference (condition 7 in the decision) to the project. He maintained that local preference has been traditionally used to exclude people of color from homeownership. However, ZBA Chair Steve Judge did not think that was the case for this project, because the local preference is only the third tier of determination if the applicant for the home is qualified.

Hilda Greenbaum felt strongly that Amherst residents should be given an edge, however small, because the town taxpayers are supporting the project. She was worried that only those seven units would be available for Amherst residents, but Jessica Allan of Valley CDC said that any other qualified Amherst residents would be put in the lottery with other applicants for the remaining homes. She stressed that Valley CDC planned to market the project widely in the area, so it was most likely that the remaining homes would be purchased by those residing in qualified census tracts outside of Amherst.

The ZBA voted 4-1, with Henry dissenting, to accept local preference for the seven units.

Henry requested that Valley CDC provide the Planning Department with demographics on the applicant pool for the project to be used for future comprehensive permits. He moved that “The applicant [Valley CDC] share with the Amherst Planning Department results of any marketing and outreach to include who were targeted, where, what were the results of said marketing and outreach. The applicant shall record and provide a detailed report as to the residents who qualified under the local preference provision adopted by the Amherst ZBA. The applicant shall record and provide detailed reporting as to the results of any credit counseling directed by and or supported by an applicant to qualify potential homeowners. The applicant shall not be required to disclose any identifying information.” This motion passed unanimously.

Stormwater Drainage System Changed to Meet Requirements of Conservation Commission
The stormwater drainage system was redesigned because of the high groundwater level at the site. The main retention basin was moved closer to the intersection, so as not to require cutting down the large trees at the western edge of the property. The retention basins will have a six-inch grade and are designed to drain completely within 24 hours, so they will be useable as common areas most of the time. The ZBA approved a condition that the homeowners association consider mosquito control measures if standing water remains in the area for more than 72 hours. Greenbaum and Craig Meadows questioned whether mosquito control measures would be harmful to the pollinators and pollinator species planted at the site, but Judge and Board member Philip White felt that mosquitos pose a greater risk to humans than the chemicals used for mosquito control do for plants, pollinators, and humans.

The Conservation Commission approved a slight alteration to work in the wetland buffer zone and a plan for erosion control during construction.

EV Charging Plan Approved
At the December 21 meeting, Allan stated that the new stretch building code in the state requires that each single-family or two-family home have the ability to charge an electric car. This project has 30 duplexes that are clustered around walkways and two parking lots at the periphery. Valley CDC felt that providing 30 EV charging stations would be expensive and unnecessary. The state Department of Energy agreed and granted a waiver. The plan is for each parking lot to have a dual head EV charging station.

With the Comprehensive Permit granted, Valley CDC can obtain a building permit and begin construction of the duplexes. The units are planned to be available for purchase in late 2025 or early 2026. For more information, see here.

The ZBA next meets on March 28 at 6 p.m.