AMHERST — Revisions to Amherst’s wetlands bylaw, including potentially reducing a burden on applicants by eliminating a requirement to notify abutters for certain projects, are being considered for adoption by the Conservation Commission this week.
The commission meets virtually Wednesday at 7 p.m. to discuss and possibly approve proposed amendments to the bylaw regulations, which have been under review by a subcommittee for the past four months.
A main point of contention for residents who have offered feedback on the draft regulations is dropping the requirement that neighboring property owners be informed when a request for determination of applicability, also known as an RDA, is filed with the commission.
Wetlands Administrator Erin Jacque said at the commission’s June 8 meeting that giving the commission the ability to waive abutter notification is written into the proposed bylaw changes. Jacque said many communities don’t mandate neighbors be notified for these requests for determination.
“Amherst is very unique in requiring abutter notifications for an RDA,” Jacque said.
Jacque said the change can be seen as a matter of fairness, as there can be a $2 to $6 cost for each abutter notification, depending on whether one uses certified mail or some other method. That is on top of the cost of placing legal ads in the Daily Hampshire Gazette and filing fees with the town.
The bylaw revision would not change the requirement of abutter notifications under the state’s Wetlands Protection Act when a notice of intent is filed and other permitting is needed related to impacts on wetlands.
Jacque said the committee reviewing the bylaw kept the extra layer of public involvement, rather than eliminating it entirely, by offering the waiver possibility.
In fact, the commission, even without this authority, recently granted waivers from the notification process to New England Central Railroad for its management plan application for use of herbicides to keep the tracks clear of vegetation. Commissioners justified that waiver due to the large number of abutters the railroad would have notify.
Chairwoman Jenn Fair said that the waiver for determinations of applicability may be sensible because they are a precursor to actual permitting and usually involves smaller projects, such as cutting and removing vegetation, and do not typically involve significant building projects. Fair said the commission can often handle these applications, and protect a wetlands resource, without issuing a permit.
Amherst also requires notifications be made to abutters whose properties are within 300 feet of the project site, not just 100 feet as in the state wetlands rules. “Amherst holds these applicants to a higher standard,” Jacque said.
Both commissioners Laura Pagliarulo and Fletcher Clerk said they worry that if Amherst makes the process more cumbersome, people won’t always file plans and may do work illegally, requiring enforcement action at a later time.
“If you make it more onerous for people, they’re not going to come to us preemptively,” Pagliarulo said.
“If we’re going to the NOI, the notice of intent, the real permit, then everything’s out the door that we’re talking about, and we’re straight into abutter notices,” Clark said.
But commissioners also appeared skeptical of establishing a waiver process. Andrey Guidera said there needs to be definitions of how waivers are granted.
Fair said if the commission is given discretion on waivers, it risks being unfair.
Those from the public who spoke reiterated their concerns, brought up throughout the bylaw revision process, with no longer having notifications go out for all projects.
“I still feel notice is incredibly important and the impacts of even some of the smaller changes that people then go on to make can be great,” said North Amherst resident Janet Keller said.
Other aspects of the existing bylaw that could be revised include introducing a 50-foot no-disturb setback, which is an increase from the current 25- to 35-foot no-disturb setback, depending on the type of development, and clarifications of how vernal pools are defined.
Scott Merzbach can be reached at smerzbach@gazettenet.com.
