Planning Board Recommends Increased Lot Size for Added Units in RG Zone 

Amity Street Mixed-use Development Nears Approval

Report on the Meeting of the  Amherst Planning Board, February 19, 2025

This meeting was held over Zoom and was recorded.

Present
Doug Marshall (Chair), Bruce Coldham, Fred Hartwell, Jesse Mager, and Karin Winter. Absent: Lawrence Kluttz and Johanna Neumann. Staff: Nate Malloy (Senior Planner) and Pam Field-Sadler (Assistant).

Planning Board Recommends Modification of Footnote M
The Housing subcommittee of the Planning Board recommended increasing the minimum additional lot area for adding new apartments or townhouses in the general residence (RG)  zone from 4,000 sq. ft. to 6,000 sq. ft. for each additional unit. 

Subcommittee chair Jesse Mager noted that when footnote M was added to Article 6 of the Zoning Bylaw in 1993, the minimum additional area required per dwelling unit was 6,000 sq. ft. This was decreased to 4,000 sq. ft per additional dwelling unit in 2005 to encourage increased density near the center of town. However, increased pressure from student housing on RG neighborhoods, which already have smaller lot sizes than elsewhere in town, led the subcommittee to recommend a reduction in density to protect these neighborhoods from overcrowding. Mager noted that, although parcels in the historic districts are protected by the Local Historic District Commission, much of the RG lies outside of these districts. The 6,000 sq. ft. minimum per dwelling unit puts the RG in line with the residential neighborhood (RN) zone.

Mager stated that the impetus for lowering the minimum additional lot area in 2005 was to bring the RG in line with the residential village center (RVC) zones. But he noted that the RVC zones are small as opposed to the RG and can handle the increased density. The worry is that if footnote M remains at 4,000 sq. ft. and the town is no longer able to require that either an accessory dwelling unit (ADU) or the main home be owner-occupied as specified by the new ADU regulations from the state, neighborhoods will be increasingly inundated with more rental properties.

Footnote M states: “In addition to the areas required by this table for any existing dwelling units on the lot, the density for new townhouses (Section 3.322) and apartments (Section 3.323) shall not exceed one dwelling unit per 4,000 sq. ft. of the remaining lot area, or in the case where there are no existing dwelling units, 4,000 sq. ft. for each new dwelling unit beyond the first unit.” This requirement applies only to the RG and can be modified by a special permit. The minimum lot size in the RG is 12,000 sq. ft, although many lots are smaller and are allowed because they predate the Zoning Bylaw. 

Opposition to the proposed change was voiced by Planning Board Chair Doug Marshall, who said he didn’t think the town should decrease density and that it isn’t a bad idea for student housing to be congregated near the university. He also felt that this provision ran counter to the governor’s housing initiative to encourage increased housing creation. He stated that this provision was “a bad look” for Amherst, especially if the town wanted other waivers such as for requirements in the new ADU provision.

Other Planning Board members present, all who serve on the Housing subcommittee, disagreed with Marshall. Karin Winter said she agreed that the town needs more density downtown, but “approving the 6,000 sq. ft. minimum gives us time to plan this density in a way that it’s not going to destroy some very, in my opinion, essential residential areas which need to be preserved for the university, for the sake of everybody; because the spread of houses close to the university is so fast and occupies a lot of the central heart, which I think add a lot to the way the town feels, the residential feel which I think is attractive to people who want to live here that could quickly be destroyed if we don’t take measures to preserve it. And then we have time to say, how can we do the infill in a way which is attractive, which will still allow families with children and not just students to be able to live here.” 

Mager added, “This is not a ‘not in my backyard (NIMBY)’ situation. We’re really thinking about the whole town longevity, of having people who want to live full-time year-round, raise families, contribute to schools, libraries, etc. The way we’re going, we’ll quickly be priced out of that. And we’re working towards bringing that back.” 

Fred Hartwell summed up, “At the end of the day, I’m quite certain that the people of this town want this.”

The recommendation passed 4-1, with only Marshall voting no. The Town Council must approve the change for it to go into effect.

What Does Footnote M Do?
In 2021 a Zoning subcommittee looked at the implications of removing footnote M and requiring only the base zoning of 2,500 sq. ft per additional dwelling unit in the RG. The presentation prepared by former Amherst planner Maureen Pollock showed that without footnote M, the density of housing in the zone would be “unacceptable.” This proposal was quickly rejected by town planners and the Planning Board.

Development at 422 Amity Street Nears Approval
The Planning Board approved the design, lighting, landscaping, and management plans for Barry Roberts’ 78-unit, 225-bed mixed-use development at 422 Amity Street at the intersection with University Drive. Because the project needs a modification of its variance from the Zoning Board of Appeals to allow an increase in height from 57 feet to 59.5 feet, final approval was delayed until the updated variance was given. The increase in height of the five-story building was necessitated by the need to raise the foundation slightly and the need to increase space between floors required to receive passive house designation.

The project, to be called Campus View, received conditions for approval from the Conservation Commission the week before. It will have studios through four-bedroom apartments, with nine affordable units (three each of one, two, and three-bedroom units). Seven of the affordable units are for people earning up to 80% of area mean income (AMI), and two are for people earning up to 60% of AMI. At the initial occupancy, those living or working in Amherst, or with children in Amherst schools will be given preference for six of the affordable units. A new condition was added for this project–the Planning Board required that a report be filed with the Building Commissioner on the status of the affordable units every six months. This is in response to assertions that many affordable units are remaining vacant, but the town has no way of verifying that without information. 

There will be 160 surface parking places, with shared parking between the residential and commercial spaces. None of the commercial spaces, located along University Drive, have been leased as yet. There will be two curb cuts to access the parking area, one on University Drive and one on Amity Street. Roberts plans to have a live-in manager in the building.

The project is set to go before the ZBA on March 13 and will come back to the Planning Board on March 19 for final approval.