Amherst Grapples with Inclusionary Zoning Fee Flexibility Amidst Housing Debate
- Meeting Overview:
The Amherst Community Resources Committee meeting held on August 14, 2025, focused on proposed amendments to the town’s zoning bylaws, primarily concerning inclusionary zoning and accessory dwelling units (ADUs). Key discussions centered around the flexibility of fees in lieu of constructing affordable housing and the implications of state regulations on local ADU legislation.
The most pressing topic of the meeting was the proposed amendment to the inclusionary zoning bylaw, specifically Article 15. The amendment aims to provide the permit granting authority with the discretion to set fees in lieu of affordable units, moving away from a fixed bylaw amount. This proposal emerged from a downtown project request, where it was found that the current bylaw’s fixed fee was inadequate due to the project’s unique characteristics. The goal is to allow more flexibility by considering factors like market conditions, unit sizes, and project locations, thereby creating a more adaptable and realistic fee structure.
Committee members expressed significant interest in refining this amendment to ensure it equitably and effectively supports the town’s affordable housing strategy. Discussions revealed concerns about the proposed fee multiplier, which some felt should be narrowed to avoid overly broad ranges. Questions were raised about the “cost of delay” and its potential impact on payment timing and the construction of affordable units. There was a collective desire for clarity regarding whether the fees would fully fund new units or if they were intended to only partially contribute.
The hearing also delved into the broader implications of the proposed fee structure. Participants debated the potential consequences of setting the payment multiplier too high, which might lead developers to opt for fees instead of constructing affordable units. This concern ties into the inclusionary zoning bylaw’s objective of achieving mixed-income developments, as excessively high fees could undermine efforts to integrate affordable units within new projects. Moreover, there was a discussion on the possibility of developers choosing to fulfill their affordable housing obligations off-site, which raised questions about accessibility and alignment with the town’s housing goals.
In addition to the inclusionary zoning debate, the meeting also addressed the ongoing challenges surrounding accessory dwelling units (ADUs). The committee considered amendments to the zoning bylaw regarding ADUs, driven by state legislation mandating the allowance of protected use ADUs on properties permitting single-family homes. The new state rules emphasize minimizing unreasonable restrictions on ADUs, such as occupancy or parking requirements.
The conversation highlighted the need to reconcile local bylaws with state mandates, particularly concerning pre-existing ADUs that may not conform to the new definitions. Discussions touched upon owner occupancy requirements and the potential for adding a second ADU to properties, emphasizing the complexities of managing overlapping regulations. There was a suggestion to eliminate the local ADU provision, focusing solely on protected use ADUs to simplify the regulatory framework and avoid enforcement issues.
Committee members raised concerns about the language and clarity of the ADU regulations, advocating for precision to prevent ambiguity and confusion. Questions about the implications of short-term rentals in relation to ADUs were also discussed.
Paul Brockelman
Economic Development Board Officials:
Pat De Angelis, Ndifreke Ette, Mandi Jo Hanneke, Pam Rooney, Jennifer Taub, David Ziomek (Assistant Town Manager, Director of Conservation & Development)
-
Meeting Type:
Economic Development Board
-
Committee:
-
Meeting Date:
08/14/2025
-
Recording Published:
08/15/2025
-
Duration:
116 Minutes
-
Notability Score:
Routine
Receive debriefs about local meetings in your inbox weekly:
-
State:
Massachusetts
-
County:
Hampshire County
-
Towns:
Amherst
Recent Meetings Nearby:
- 12/04/2025
- 12/04/2025
- 106 Minutes
- 12/04/2025
- 12/05/2025
- 142 Minutes
- 12/04/2025
- 12/05/2025
- 95 Minutes