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Date: 9/13/2022
AMHERST – During the Amherst Planning Board’s Sept. 7 meeting, the board hosted a public hearing regarding amendments to local zoning bylaws, two special permit public hearings regarding private property as well as the board’s election and reorganization.
The first public hearing was in continuance of the June 1, 2022 hearing in regards to changes in town zoning bylaws affected by new Federal Emergency Management Agency (FEMA) Floodplain Overlay District mapping, also known as the Flood Insurance Rate Map (FIRM). The new data shows potential flood hazard areas surrounding Amherst’s streams and rivers. This is the first update to said data since 1983. The new maps provide greater accuracy in predicting floods due to 40 years of compiled data and in-stream gauges.
Town Planner Nathaniel Malloy described the new maps as “undulating and following topography more” than their predecessors. The 1983 map was very broad in its projections, covering large swathes of land which are now unmarked in the recent map.
The new data affects Amherst residents in several ways, most notably in terms of insurance and permitting. Property owners in the old floodplain overlay are required to purchase a degree of flood insurance deemed unnecessary under the new map, which amounts to unnecessary financial strain on the household. Similar unnecessary permits are required for those within the old overlay. Conversely, without the town of Amherst accepting the new FIRM, residents cannot purchase comprehensive flood insurance altogether.
Proposed Article 16 of the town zoning bylaws establishes the FEMA floodplain overlay conceptually and as the guiding reference for all related bylaws, including definitions of key terms and the FIRM itself. The hearing also proposed amendments to Articles 2 and 3. Article 2 defines the zoning district, which would add the overlay to the town of Amherst zoning map. Article 3 amends the development procedures in floodways constituting the Flood Prone Conservancy District, wherein the regulations the FEMA Floodplain Overlay District (referencing the proposed Article 16) would take precedence over less restrictive bylaws in place.
Although the town has already received the letter of findings from FEMA, the official maps are not set to arrive until next week. As such, the Planning Board could not yet vote to amend the articles, and agreed to continue the hearing at the board’s Sept. 21 meeting.
The first of two special permit public hearings was up next on the agenda, regarding the Amherst Office Park at 463 West St. The origin of this hearing was a prior hearing on June 15 where a request was filed to extinguish previous special permits involving the property due to changed zoning; mixed-use building is now permitted by the site plan review. The board did vote in favor of this on June 15, but only four board members were present. The decision needs a minimum of five board member’s approval to be enacted. The board closed the old hearing, and voted again, this time with adequate membership present. The vote was passed, and the permits were extinguished.
Next on the agenda was the longest item of the meeting, a special permit public hearing filed by Bruce Allen regarding his personal property. A special permit was granted in 2007 to turn his single-family home into a two-family home, and with it to construct additional parking spaces to accommodate the change; the parking was never built, however, and since then, Bruce and his wife Carol have accepted multiple boarders, most of them students at University of Massachusetts Amherst.
The boarders have been parking on the street, which has led to multiple complaints by neighbors. Bruce and Carol appeared before the Planning Board requesting a new special permit to allow three “roomers” in an owner-occupied dwelling, to extend their driveway into the backyard to construct five new parking spaces, and to construct two new parking spaces within the front setback of the house closest to the street.
The board spent quite some time debating the issue. Bruce and Carol plan to “age in place” in their residence, and the parking spaces in the front setback would allow them to use the deck entrance of the house which has far fewer stairs than the driveway entrance, making it less physically demanding. The new parking in the back would eliminate the neighbors’ complaints of crowding an already-narrow dead-end street.
However, the board did not like the idea of encroaching into the wetlands of the backyard with more driveway (it is worth noting that the wetlands in question are under Bruce’s ownership). The driveway would most likely be gravel-based, which raised concerns about snow season, when plows or snowblowers could send bits of loose gravel flying dangerously into residences, cars and pedestrians. Additionally, several neighbors in attendance voiced concern over the increased populace adding to noise and congestion on what is now a quiet street.
Ultimately, the board decided it needed to investigate the matter more before it could vote on whether to grant the special permit, and the hearing was continued to Oct. 19 at 6:30 p.m.
After the public hearings ended, the Planning Board voted on reorganization. Doug Marshall was voted to remain as chair. Thom Long was voted to remain as vice chair. Janet McGowan was originally nominated as clerk but declined the nomination, instead passing it to Johanna Neuman, who was voted in as the new clerk. Bruce Coldham was voted in as liaison to the Pioneer Valley Planning Commission. Andrew MacDougall was voted in as liaison to the Community Preservation Act Committee. Finally, Thom Long was voted to remain liaison to the Design Review Board.
The Amherst Planning Board next meets on Sept. 21.