North Whitney Street Duplex a No-go for Now

Application for Non-owner Occupied Duplex Withdrawn

Report on the Meeting of the Zoning Board of Appeals, July 25, 2024

This meeting was held over Zoom and was recorded.

Present
Steve Judge (Chair), Everald Henry, Craig Meadows, David Sloviter, and Philip White.

Staff: Christine Brestrup (Planning Director), Jacinta Williams (Planner), and Rob Morra (Building Inspector)

The Zoning Board of Appeals (ZBA) continued its evaluation of Mathena Morrissey’s plan to create a non-owner-occupied duplex with eight total bedrooms at 180 North Whitney Street. Morrissey purchased the single-family home and wants to put an addition to the rear of the structure to create a duplex with four bedrooms in each unit. She plans to rent both units, but the zoning bylaw requires her to obtain a special permit from the ZBA in order to do so. Owner-occupied duplexes are allowed in the R-N (Neighborhood residential) district with a site plan review by the Planning Board.

Because of intense opposition from neighbors and concerns about pedestrian and traffic safety with the increased density, ZBA members were not favorably disposed to the proposed plans. Rather than have the application denied, Morrissey withdrew it without prejudice, so she may bring back a different plan in the future. A denial would have barred her from resubmitting the application for two years.

Proposed Faces Widespread Opposition
Residents of the North Whitney/Red Gate/ High Street area submitted a petition signed by 58 people objecting to the conversion of 180 North Whitney to a non-owner occupied duplex. Their objections centered on the assumption that the renters would be students and would disrupt the character of the neighborhood, as was experienced when the house next door became a non-owner-occupied rental.

Serious concerns were also voiced about the increase in traffic presenting a danger to students walking to the nearby schools and pedestrians on the streets that mostly do not have sidewalks. The house is located at a curve where Red Gate Lane meets North Whitney, so sight lines are limited.

Yoav Elinevsky and Julia Rueschmeyer cited the mission statement of ZBA that its “purpose of promoting the health, safety, convenience, and general welfare of the inhabitants of the Town of Amherst,” and that this proposal does not meet that goal. 

Amy Sweeting  said that if the plans are carried out, the property will be irreversibly transformed, with two units and a 10 car parking lot,

Others speaking against the proposal were Benjamin Bailey, Jamie Sweeting, Andrew Spielvogel, Mary Anderson, and Nancy Schwartz. Elena Davis said she empathized with Morrissey and appreciates her enterprise, but the neighborhood “is not the right place for this kind of development.”

Morrissey Responds to Concerns
In response to the concerns raised at the May 23  ZBA meeting, Morrissey drafted a letter to the ZBA, saying she grew up in Amherst and cares about her home town. Her father Jim Morrissey lives five minutes away and plans to manage the property. In response to the worries about traffic and parking on the street near the property, she expanded the 8-car parking area to accommodate 10 cars and promised to advocate for sidewalks and speed bumps with the town. She also said that if the property was rented by students, she would sponsor a block party for the neighbors and renters to meet, an idea that was successful in fostering mutual cooperation in the Grantwood neighborhood where she grew up.

Her attorney Tom Reidy of Bacon, Wilson Associates stated that this was a significant investment for Morrissey, and she would want to protect it. He also pointed out that in granting the special permit, the town and the neighbors could protect themselves by attaching conditions to the permit that must be followed, such as requiring a review of the site after a year of rentals and providing a phone number for Jim Morrissey to be reached at all times to deal with disturbances or other problems. If the house as it exists is rented as a single unit, there are no such conditions needed. He also pointed out that there are several rental properties within 1000 feet of this property, and several are non-owner occupied. Jim Morrissey stated, “a well-managed property is not a nuisance to a neighborhood.”

ZBA Discussion
Craig Meadows said he often walks past the property, and it is not a safe location to put additional residents, especially students. He thought the additional traffic would pose a danger to pedestrians and to students using Skilling’s Path to the high school. Chair Steve Judge acknowledged that the special permit would allow the ZBA to place conditions on the property, but on the other hand, it is the board’s purpose to “ensure the harmonious relationship between a development and its surroundings.” He didn’t think this proposal met those requirements—that the proposed development was suitable to the neighborhood and would not present a nuisance. He was not confident that the board’s conditions would protect the neighborhood.

David Sloviter agreed, saying that it was “unlikely that a family would rent the addition and pay $4000 or more per month to live in a property attached to a building with four college students.” He maintained that “non-owner occupancy means noise, congestion, and all other problems, and that this neighborhood is nowhere near being dominated be student rentals.” He added that the project might be acceptable in another neighborhood, but not in the proposed location. Philip White agreed that the proposal does not meet the aims of the ZBA.

Everald Henry pushed back saying the commenters characterized the neighborhood as “welcoming”, but their remarks were “anything but welcoming.” He said it was difficult to hear the animosity expressed toward college students. “We live in a college town,“ he said.

Board Recommends Withdrawal of Proposal
The project needed four votes from the five ZBA members to be granted the special permit. Because it was obvious it would not garner those four votes, Reidy asked that the application be withdrawn. The ZBA voted 4-1, with Sloviter voting no, to accept the withdrawal.

Five Year Extension for Notch Quarry
The special permit for the quarry at the notch operated by John S. Lane and Sons is set to expire in August. It was last renewed in 2018. Representatives of the company stated that there will be no changes to the operations or the traffic patterns near West Street. The company received confirmation from the Conservation Commission that no work was being conducted in the buffer area to nearby wetlands and that the water table was 50 feet below the planned depth of the excavation, so there was no risk of contamination.

The special permit was renewed for an additional five years by a unanimous vote.

Upcoming ZBA Meetings and Presentations
On August 8, the ZBA will discuss Curt Shumway’s plan to convert the University Motor Lodge to a social dormitory, an apartment-style dormitory for students. At that meeting, KP Law Attorney Caroline Murray will give a presentation on 40B permits in preparation for the board’s evaluation of Way Finders’ East Street School and Belchertown Road project. The deliberation will begin August 29. Extra meetings will be added to the ZBA schedule to allow for discussion of the 40B application.

On August 22, Attorney Jonathan Murray will outline the general aspects of solar permitting for the ZBA. 

 Jonathan Klate’s proposal for his flag lot on Red Gate Lane will come back to the ZBA on October 10.