Planning Board Meeting Report: October 30, 2024 – Part 1

Report on the Meeting of the Planning Board, October 30, 2024, Part 1

This meeting was held over Zoom and was recorded.

Present
Doug Marshall (Chair), Fred Hartwell, Jesse Mager, Johanna Neumann, and Karin Winter. Absent: Bruce Coldham and Lawrence Kluttz.

Staff: Nate Malloy (Senior Planner), Pam Field-Sadler (Assistant)

There were nine in the Zoom audience.

Karin Winter suggested that the board ought to reopen the discussion regarding Barry Roberts’ proposal to turn his mixed-use building behind the former Hastings store at 45-55 South Pleasant Street into an Amherst College dorm. Doug Marshall offered a motion to reopen the discussion. That motion was defeated 2-3 with Winter and Jesse Mager voting in favor. Winter maintained that the Planning Board did not have time to fully evaluate the changes presented at the October meeting that approved all 22 residential units in the building to be leased to Amherst College as a residence for students. She has since realized that the Zoning Bylaw (Section 3.326) does not allow dormitories outside of the R-F (fraternity and sorority) district.

Chair Doug Marshall said that he brought Winter’s concern to Senior Planner Nate Malloy, who looked into the matter and concluded that, because there was commercial use in the building, it was a mixed-use building and not a dormitory and “we don’t allow commercial in dormitories anywhere, so that category doesn’t really apply.” Malloy noted that the final decision on the modification of the Special Permit has not been finalized with the Town Clerk, so the Planning Board could reopen the public hearing.

Fred Hartwell said he felt comfortable with the board’s decision because it did not exempt Amherst College from the requirements of the new Rental Registration Bylaw, which requires annual approval and inspections every five years. The board left the decision about compliance with the bylaw up to the building commissioner, Rob Morra.

Winter and Jesse Mager questioned Marshall and Malloy’s contention that a dormitory cannot contain commercial space, as the term is not defined in the Zoning Bylaw. Winter noted that Amherst College is advertising the building as a dorm. The vote was 2-3 against the motion to reopen the hearing, with only Mager and Winter voting in favor.

Read more: College to Open Dorm Above College Store (Amherst Student)

Insights from the Planning Board Meeting: A Closer Look at Barry Roberts’ Dorm Proposal

On October 30, 2024, the Planning Board convened for a crucial meeting via Zoom, where members discussed a range of topics, including the contentious proposal by Barry Roberts to convert his mixed-use building at 45-55 South Pleasant Street into a dormitory for Amherst College students. This meeting, attended by board members and a small audience, highlighted the complexities of zoning laws and community needs in Amherst.

Key Players in the Discussion

The meeting was chaired by Doug Marshall, with board members Fred Hartwell, Jesse Mager, Johanna Neumann, and Karin Winter present. Notably absent were Bruce Coldham and Lawrence Kluttz. Senior Planner Nate Malloy and Assistant Pam Field-Sadler provided staff support, ensuring that the board had the necessary information to make informed decisions.

The Proposal at Hand

Karin Winter raised an important point regarding the need to revisit Roberts’ proposal, arguing that the board had not fully evaluated the implications of converting the building into a dormitory. Despite her concerns, a motion to reopen the discussion was ultimately defeated 2-3, with only Winter and Mager supporting it. Winter emphasized that the Planning Board needed more time to assess the changes made since the previous meeting, where all 22 residential units were approved for lease to Amherst College.

Zoning Bylaw Complications

The crux of the debate revolved around the Zoning Bylaw, specifically Section 3.326, which prohibits dormitories outside of the R-F (fraternity and sorority) district. Malloy clarified that because the building in question has commercial use, it qualifies as a mixed-use building rather than a dormitory. This distinction is crucial, as it means that the regulations governing dormitories do not apply in this case.

Compliance with Rental Registration Bylaw

Fred Hartwell expressed his confidence in the board’s decision, noting that it did not exempt Amherst College from the newly implemented Rental Registration Bylaw. This bylaw mandates annual approvals and inspections every five years, ensuring that all residential properties, including those leased to students, meet safety and quality standards. The responsibility for compliance was left to the building commissioner, Rob Morra, which added another layer of oversight to the process.

Ongoing Concerns and Community Impact

Despite the board’s decision, Winter and Mager raised valid concerns regarding the definition of a dormitory in the Zoning Bylaw. They pointed out that Amherst College is actively marketing the building as a dormitory, which raises questions about the implications of such a designation. The vote against reopening the hearing reflects the ongoing tension between community needs for student housing and adherence to zoning regulations.

Conclusion

The Planning Board’s meeting on October 30, 2024, underscored the complexities of urban planning in a college town like Amherst. As the board navigates the intersection of zoning laws, community needs, and institutional requirements, it is clear that discussions surrounding student housing will continue to be a focal point for future meetings. The outcome of Barry Roberts’ proposal may set a precedent for how similar projects are handled in the future, making it essential for community members to stay informed and engaged in the planning process.

For more insights on this topic, check out the article titled "College to Open Dorm Above College Store" in the Amherst Student.