AMHERST — An Amherst developer trying to bring mixed-use buildings featuring more than 100 apartments to Hampshire College-owned land near Atkins Corner in South Amherst is seeking more leeway to impact wetlands.
Citing wetlands exemptions for commercial development in Northampton, Kyle Wilson, a principal with Archipelago Investments, told the commission at its Aug. 27 meeting that Amherst should similarly exempt business districts to support more residential development.
“Exempting these districts would allow for Amherst to have a chance to meet housing production goals that they have been discussing and need for the future,” Wilson said, adding that such exemptions would affect less than 2% of the town’s overall land mass.
Plans for the development have shown up to three, four-story mixed-use buildings, with 265 beds, on 7.7 acres of land on West Bay Road and West Street.
But Wilson contends that the 100-foot wetlands buffer, with only an allowance to disturb up to 20%, is the most restrictive in the region, while Northampton encourages in-fill development, by exempting its wetlands rules, particularly for housing, in the central business, general business, highway business and neighborhood business districts.
Going through Planning Board site plan review, as well, Wilson said the development has already been “sort of splintered” in trying to meet all the town’s rules and regulations, which include a certain number of affordable housing units and 30% commercial space in the business village center zone.
In fact, Wilson said he has gone through 35 schemes to make a project that can be developed, but is not there yet, which is why he is asking business districts be exempted from certain performance standards.
“As a developer who develops professionally, this is a very hard site to develop,” Wilson said.
Wilson said he is hopeful that a solution can be reached with the commission.
Wetland Administrator Erin Jacque, though, said the Northampton context is different, because it affects only urbanized areas, whereas in Amherst it would mean exempting areas that haven’t been developed and with high ground water.
“We very much were thoughtful about the sections we applied to the bylaw at the time,” Jacque said.
Residents who live nearby spoke against making this exception to wetlands rules and previously circulated a petition advising the Conservation Commission to adhere to wetland protections, meaning denying any variance request that would allow more than a 20% disturbance within 50 to 100 feet of wetlands and any work at all in the “0 to 50 feet” no-touch area.
“This is a developable site,” said Katie Naughton of Spencer Drive. “The fact that Archipelago can’t develop the way they want to does not mean the rules need to change. It means the development plan needs to change.”
Paul Juris of McIntosh Drive said he is concerned that Archiepelago is trying to bend to its will.
“They’re looking for basically carte blanche to expand the way they want to expand,” Juris said.
While having a limited discussion since the possible change in rules was not on the agenda, commission member Alex Hoar said he wants to economize the commission’s time “by not continually entertaining Archipelago if they can’t produce what we’re asking for”, also suggesting the site could be redeveloped without revising the bylaw.
Assistant Town Manager David Ziomek said the bylaw could be discussed more fully at a future meeting, where a process would be underway to have a public hearing should any changes be made to the bylaw.
The hearing on the project is set to continue Sept. 24 at 7:20 p.m.