Planning Board Wants Removal Of Cement Blocks At Marijuana Cultivating Facility

Report On The Meeting Of The Amherst Planning Board, August 17, 2022

This meeting was held over Zoom and was recorded. The packet for the meeting can be found here. 

Present
Doug Marshall (Chair), Bruce Coldham, Janet McGowan, and Karin Winter

Absent: Thom Long, Andrew MacDougall, and Johanna Neumann

Staff: Chris Brestrup (Planning Director), Nate Malloy (Senior Planner), Pam Field-Sadler (Assistant)

At the start of the meeting Coldham asked why the names of members of the public who were present were not announced and their faces not shown, as it would be if the meeting were held in person. Marshall said that the screen names were not always indicative of the person who was there (It could be a spouse or a partial name), but he agreed to name those present at this meeting and have the topic discussed at a future meeting to see if there should be a change in policy. He did say that sometimes up to 50 people attend some virtual meetings, which would make the policy cumbersome, but there were only five in the audience for this meeting.

Board Wants Modification Of Cement Blocks On Driveway Of Riverside Organics
In early 2020, Jonathan Gurfein received a site plan approval to construct a greenhouse for cultivation of marijuana on Porter Drive, a private way located on the curve of Hall Drive as it heads into Valley Medical Center. Of the current Planning Board members, only McGowan was on the board at the time of the site plan review.

The greenhouse is still under construction, but Gurfein has placed several cement blocks on the site. Two blocks measuring three by two by two feet have been placed at the property line to prevent people on Hall Drive from unintentionally entering the site. They are permitted by the site plan, but the Planning Department received a complaint that they are not easily seen and could cause damage to vehicles that enter the property. When an inspector went to check the site, he noted that an additional 10 concrete blocks had been placed next to the greenhouse, probably to protect the structure from damage from construction vehicles; four of  them occupy the area which will contain the dumpster when the building opens. These 10 blocks were not on the site plan and have not been approved by the Planning Board. Gurfein was not present at the meeting. 

The inspector verified that there is enough space between the two blocks at the entrance of the property for emergency vehicles to pass. However, board members were uniform in their opinion that the blocks were ugly and possibly dangerous. Reflective strips could make them more visible, but Coldham suggested a more attractive option of stacking the blocks and attaching horizontal wood beams between two stacks of two blocks. These could be decorated with paint or planters or both.

Brestrup said she would forward the proposed design to Gurfein. This would be a minimal change and would not require another public hearing. The board agreed that if the other cement blocks were to remain when the greenhouse opens, Gurfein would need to come before the Board again for a modification of the site plan. 

Board Favors Proposal To Add Single-Family Home To North Pleasant Street Lot
The Planning Board asked to weigh in on a proposal now before the Zoning Board of Appeals from Michael and Tracey Holden. In 2007, they purchased a building at 1147 North Pleasant Street that contained a doctor’s office and two apartments. Michael Holden, who is a contractor, converted the building into a duplex with units of two and four bedrooms. When the four-bedroom unit was unoccupied last year, the Holdens moved into it with their three children. They have decided to stay in Amherst and would like to build a single-family home at the rear of the lot. The lot is large enough, but does not have enough frontage for a flag lot.

Ordinarily, it would not be permitted to have the two structures on the same lot, but this property already has a special permit for the duplex. Under section 3.01 of the Zoning Bylaw, another building would be permitted if its use is complementary to the first.

Planning Board members were happy to have a family with children move to Amherst and pleased that the property would be owner-occupied. They were mostly satisfied with the design of the house, as well. The property is zoned Residential Village Center. Brestrup pointed out that the ZBA recently approved construction of a duplex on a lot with an existing single-family home, on the corner of Hallock and Prospect Streets.

McGowan asked who the tenants have been in the duplex. Holden replied that recent tenants have been students, both graduate and undergraduate, and that he vets applicants carefully. In checking the records on the property, he found only one noise complaint filed since he has owned the property. There are six parking places at the site, adequate for three dwelling units. 

Both Coldham and McGowan said they would like to see a requirement for owner occupancy placed on the property. This condition would restrict the pool of possible buyers when Holden wants to sell it, but he said he plans to stay in Amherst for the next 15 years or so. Although the Planning Board was favorably disposed to the plans, the ZBA must decide if the single-family home is a complementary use.

In public comment, Councilor Dorothy Pam (District 3) noted that the promotion of social justice goals referred to…could be met by providing more affordable housing in the town center.

Proposal For Downtown Design Standards

Planner Nate Malloy presented a draft of a request for proposals (RFP) to create design standards for the town center. He has received comments from Planning Board members, the Community Resources Committee of the Council, members of the public, and Director of Diversity, Equity, and Inclusion. Suggested changes are shown in red on the draft in the packet. Samples of design standards from Walla Walla, Washington and Ithaca, New York are also included. The town has allotted $100,000 for the study and development of standards which will include extensive outreach to residents and businesses.

The Planning Board members present contributed comments on the draft. Malloy will reach out to those members not at the meeting for their feedback. The proposal will then be sent to the procurement officer and the Finance Department for review.

In public comment, Councilor Dorothy Pam (District 3) noted that the promotion of social justice goals referred to in the RFP could be met by providing more affordable housing in the town center. She advocated changes to the municipal parking district, which allows housing without parking to be built downtown. Also, she said it is important to her to maintain a buffer between the downtown business areas and the surrounding residential neighborhoods.

Malloy will take the input into account as he continues to develop the proposal.

The meeting adjourned at 9:51. The Planning Board will next meet on September 7.