Amherst Planning Board Debates Subdivision Plan to Freeze Zoning Amid Solar Project Concerns
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Meeting Type:
Planning Board
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Meeting Date:
09/04/2024
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Recording Published:
09/06/2024
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Duration:
105 Minutes
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State:
Massachusetts
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County:
Hampshire County
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Towns:
Amherst
- Meeting Overview:
The Amherst Planning Board reviewed a preliminary subdivision plan intended to freeze existing zoning regulations, a move connected to an ongoing solar development project. The board also tackled various procedural issues, including committee reports and future planning initiatives.
The most significant portion of the meeting centered on a preliminary subdivision plan involving four residential lots. The applicant, represented by Tom Rey, emphasized that the application aimed to freeze current zoning laws rather than create a residential subdivision. Rey clarified that the filing allows for a definitive subdivision plan to be submitted within seven months, which would freeze the zoning regulations in effect at the time for an additional eight years. This process aims to provide developers with predictability amid potential changes in zoning laws.
Site designer Matt Myan detailed the layout, noting that each of the four lots would exceed 20 acres. The proposed subdivision road would be a 786-foot cul-de-sac, compliant with regulations. Myan described a traditional stormwater management system utilizing catch basins and manholes, and highlighted that the lots would feature on-site septic systems and private wells due to the lack of municipal water and sewer services in the area.
Concerns were raised about the intent behind the subdivision. Bruce Coldham questioned the necessity of reviewing details given the applicant’s stated lack of intent to develop the subdivision for residential use. Another member, Chris, emphasized the importance of treating the proposal seriously, citing the need to review it under existing zoning bylaws and subdivision regulations. Chris also noted that regardless of the board’s decision on the preliminary plan, the applicant could still file a definitive plan within seven months, which would require more detailed grading and stormwater management plans.
Public comments further complicated the discussion. Resident Michael Linsky expressed confusion about the identity of the applicant and skepticism about using a housing subdivision to freeze zoning for an industrial solar facility. Linsky questioned the legitimacy of the plan and its potential impact on the property’s Chapter 61 status, which involves tax incentives for land used for forestry, agriculture, or recreation. Linsky sought clarity on whether the preliminary plan would trigger changes in this status or affect the town’s right of first refusal on the land.
Another public commenter, Kathleen Bridgewater, raised concerns about frontage requirements for houses on Shutesbury Road. Bridgewater pointed out that existing houses required 150 feet of frontage, while the proposed subdivision seemed to contradict this requirement. She cautioned against granting waivers that could lead to future complications, urging the board to consider the long-term implications of their decisions.
Board members debated whether the subdivision’s limited scope—only four lots—was appropriate. Some suggested that if the project were genuine, more effort should be directed toward maximizing the site’s potential, possibly exploring additional lots or alternative uses. However, others insisted that the application must be evaluated based on its merits, including the road layout, grades, and drainage provisions.
The board ultimately approved a motion regarding the preliminary subdivision plan. The motion included the approval of waivers for specific scale depictions and exceptions related to town services for water and sewer. It also recommended that the applicant seek input from the fire department and Board of Health before submitting the definitive subdivision plan. The motion passed unanimously.
The meeting also touched on the planning board’s elections and reorganization, ultimately deciding to delay the election of a new chair until a new member could participate. Additionally, updates on ongoing projects were provided. The Wayfinders project, which had received a comprehensive permit review from the Zoning Board of Appeals (ZBA), was progressing well. The solar application along Shutesbury Road faced delays, with the ZBA waiting for the applicant to address comments regarding wetlands.
Committee reports included discussions on rental houses and the implications of a new state law regarding accessory dwelling units. The housing subcommittee planned to engage with staff to explore the rental registration process further. The Community Preservation Act Committee (CPAC) opened its application window for proposals, set to close at the end of the month.
The meeting also featured a discussion on an overlay district proposal initiated by the planning board. A memo was in progress to expedite the proposal directly to the town council as a zoning amendment, following recent changes to Massachusetts General Law that allow zoning changes to be approved with a simple majority.
Paul Brockelman
Planning Board Officials:
Bruce Coldham (Clerk), Frederic Hartwell, Jesse Mager, Douglas Marshall (Chair), Janet McGowan, Johanna Neumann (Vice-Chair), Karin Winter
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Meeting Type:
Planning Board
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Committee:
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Meeting Date:
09/04/2024
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Recording Published:
09/06/2024
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Duration:
105 Minutes
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Notability Score:
Routine
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State:
Massachusetts
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County:
Hampshire County
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Towns:
Amherst
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