Fate of Big Y Plaza Uncertain Following Hearing on University Drive Overlay District

Report on the Meeting of the Planning Board, October 30, 2024, Part 2

This meeting was held over Zoom and was recorded.

Present 

Doug.Marshall (Chair), Fred Hartwell, Jesse Mager, Johanna Neumann, and Karin Winter. Absent: Bruce Coldham and Lawrence Kluttz.

Staff: Nate Malloy (Senior Planner), Pam Field-Sadler (Assistant)

There were nine in the Zoom audience.

Planning Board Opens Public Hearing on University Drive Overlay District

At the September 23 Town Council meeting, the Town Council referred the proposed overlay district for University Drive, between Amity Street and Northampton Road, to the Planning Board and the Community Resources Committee (CRC) of the council for review and recommendations. The goal of the overlay district is to allow more density of residential units in that area and hopefully take some of the pressure off the sale of homes in other neighborhoods for student housing. 

The overlay district would allow six-story mixed-use buildings, but would require 75% of the street-facing first floor façade to be non-residential. It would also specify that the buildings be set back 24 feet from University Drive to preserve the trees along the street and allow for a 10-foot multi-use path on the west side of the street. The Swift Way bicycle path is on the east side of the street. Parking requirements would be flexible, with developers needing to show that the parking provided would be “adequate.”  There would be no change in the underlying zoning, which is Business Limited and Research Park, and  developers can choose to use the guidelines of the overlay or comply with the existing zoning. 

At the council meeting, councilors voiced several concerns about the overlay plan, especially the concern that Big Y, CVS, and other stores in the shopping plaza would be replaced by housing. Planner Nate Malloy said that Big Y leases its space, and he is not aware of how long the lease extends. Planning Board member Jesse Mager noted that Big Y and CVS are very heavily utilized, as is their parking lot. Hartwell agreed. Malloy offered a compromise, that the entire first floor of properties near Northampton Road be required to be non-residential.

Mager noted that of the businesses that were located on East Pleasant Street prior to the construction of One East Pleasant and 11 East Pleasant, only Amherst Wines and Spirits has survived. He said that Malloy’s compromise would not ensure the survival of the businesses in the Big Y Plaza. 

Chair Doug Marshall stated that excluding the Big Y Plaza from the overlay or putting additional limitations on it would decrease the amount of housing provided for students, adding, “It is better to have them here rather than somewhere else, where the neighbors don’t want them.” Johanna Neumann agreed, saying she was struck by how little of the conversation in the council meeting was about housing. She said, “I can’t help but feel like we are being precious about a strip mall, [but] I want the overlay district to succeed. If we have to take the Big Y lot out of the overlay in order to get the votes, I’m not going to fall on my sword for it, but I hope that it doesn’t come to that.”

Neumann also noted that one councilor [Mandi Jo Hanneke (at large)] asked why apartment buildings were not allowed (vs. mixed-use buildings only) in the overlay district and suggested that the first floors of new buildings could be designed for possible commercial use but used as residential space if there was no demand from businesses. Planning Board members said that they had this discussion and decided that it is important for University Drive to be a vibrant commercial center. Malloy suggested that buildings located behind the street-facing ones could be exempt from having commercial space. It is expected that this issue will be raised when the CRC holds its hearing on the overlay district.

In public comment, Jonathan Slater, Director of Facilities for Cooley Dickinson Hospital, said that the hospital-owned building at 170 University Drive (and the vacant lot on Northampton Road) is currently struggling with stormwater runoff from Northampton Road, with seepage into the building. He hoped that any future plans for development take these issues into consideration.

Marshall concluded that the overlay district “won’t solve the housing problems for students, but it’s a start.” The public hearing will continue on November 20. The CRC will discuss the overlay district on November 12 at 6:30 p.m.

Accessory Dwelling Unit Bylaw Must Be Modified
Amherst’s Accessory Dwelling Unit (ADU) bylaw is in conflict with some provisions of the state’s new Housing Bill, which goes into effect on February 2, 2025. The state law states that an ADU equal to or less than 900 square feet can be built with a permit from the Building Commissioner and does not require a public hearing. (Amherst now allows ADUs up to 1,000 square feet). The state bill also states that owner occupancy cannot be required for either the ADU or the primary structure. Planning Board member Fred Hartwell lamented that owner-occupancy was the most effective method to police tenant behavior. 

Malloy has been reviewing the new state guidelines and informational webinars, as well as the bylaws developed by other communities such as Waltham and Natick. One community now requires a 12-month lease for an ADU to avoid it being used for short-term rentals. Others require that the ADU use the same driveway as the main house to avoid additional curb cuts. However, he was not sure if these requirements comply with the state guidelines. Malloy voiced concern that developers will get around the need for a permit for a duplex by calling a second dwelling an ADU. 

The Planning Board thought that it would be prudent for Amherst to revise its bylaw to meet the new law prior to February. They will discuss ADUs again at the November 20 meeting. 

Housing Subcommittee Seeks Data on Student Rentals
The Housing Subcommittee of the Planning Board is trying to collect data on the distribution of student rentals in various neighborhoods, but Mager said that the committee has found it hard to obtain this information. The committee defined a student home as having “two or more occupants that are attending a university or college.” Ultimately, the committee wants to determine which neighborhoods might have too much density and discuss strategies to mitigate the effects. 

However, the committee is concerned that their work will be conceived as being “anti-student,” which is not their intention. The committee wants information, which could possibly be gathered by adding a question about tenants to the rental registration form.

Malloy stated that the town’s new rental registration software could make it easier to gather information about rentals. He said that 790 of Amherst’s single-family homes and 200 duplexes are rentals. Approximately half of the duplexes are owner-occupied. 

Another focus of the Housing Subcommittee is to increase the density allowed in multi-family apartment complexes and discuss a second overlay zone for additional housing. Marshall suggested that the full Planning Board take up some of these issues at its next meeting.

The next meeting of the Planning Board is scheduled for November 6. 

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