A car rolls past a rusted town line sign, Friday, Jan. 15, 2021, in Amherst, Mass. Amherst is on a path toward providing reparations to Black residents for past injustices following the town council's adoption of a resolution calling for the community to become an anti-racist town. (AP Photo/Charles Krupa)
A car rolls past a rusted town line sign, Friday, Jan. 15, 2021, in Amherst, Mass. Amherst is on a path toward providing reparations to Black residents for past injustices following the town council's adoption of a resolution calling for the community to become an anti-racist town. (AP Photo/Charles Krupa) Credit: Charles Krupa

AMHERST — Regulations related to wetlands have halted an Amherst developer from moving forward with a mixed-use project, featuring up to three buildings on Hampshire College-owned land in the Atkins corner area of town. At the outset, the project was to have 140 units and 262 tenants.

The Planning Board at its Dec. 3 meeting approved the withdrawal of the plans, without prejudice, at the request of Kyle Wilson, a principal with Archipelago Investments LLC.

“This withdrawal will allow for Hampshire to re-evaluate available options and potentially refile a new application in the future,” Wilson wrote.

Senior Planner Nate Malloy told planners that withdrawing the site plans and special permit application without prejudice means a similar project could be pursued within two years on the 7.7 acres on West Street and West Bay Road, on opposite sides of the Atkins Farms Country Market.

While Planning Board members accepted the withdrawal in a 4-0 vote, with two abstentions and one member absent, they expressed disappointment that the development couldn’t move forward.

A complication was the wetlands on the site, with the Conservation Commission unwilling to alter its rules after Wilson appealed for wetlands exemptions similar to what is done for commercial development in Northampton.

“I think that this project successfully addresses a great number of public policy objectives that this board has been very active at promoting, and so I look forward to seeing if they can pull the rabbit out of the hat and get through the Conservation Commission and come back to us,” said Planning Board member Frederic Hartwell.

Hartwell was joined by members Johanna Neumann, Bruce Coldham and Chairman Doug Marshall in approving the withdrawal.

While he didn’t vote, member Angus McLeod said he worries about the possible financial impact on property owner Hampshire College. Also abstaining was Jerah Smith, while Jesse Mager was absent.

Hampshire College issued a statement that it is not abandoning efforts to bring housing and commercial development to the location.

“Hampshire College is committed to pursuing development of this property to align with the town’s desire to create a village center in South Amherst and address the need for increased housing stock,” the statement reads. “This project remains a vital component of ensuring Hampshire’s long term financial health.”

Neumann said it’s a shame the application was withdrawn because the development offered benefits, like energy-efficient housing and transit-oriented development with a bike and walk-friendly design.

“There was so much I appreciated about this proposal,” Neumann said. “I’m sad to see it withdrawn.”

When the project was initially submitted, Coldham said he appreciated its thoughtful design.

“This is what a good project looks like,” Coldham said. “That was nine months ago and I really haven’t changed my mind.”

But neighbors who live at Applewood Apartments and Upper Orchard had raised many objections, including that this was too intense a development for the neighborhood.

Marshall said the withdrawal calls into question whether Atkins corner should be designated as a town center, and he is concerned that the sites might not be viable for this type of development.

Previously, the application was also withdrawn from the Conservation Commission.

Scott Merzbach is a reporter covering local government and school news in Amherst and Hadley, as well as Hatfield, Leverett, Pelham and Shutesbury. He can be reached at smerzbach@gazettenet.com or 413-585-5253.