Planning Board — May 1, 2024
Amherst Planning Board splits 3-1 on Monroe Properties subdivision, adds new bonding and cumulative-impact conditions over prior basin failures
Internal board divisions surfaced over precedent-setting conditions and the developer's compliance history, but no public comment or off-agenda actions occurred
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On May 1, the Amherst Planning Board approved Monroe Properties LLC's five-lot subdivision on County Road by a 3-1 vote. The approval carried 14 new precedent conditions covering stormwater management bonding, independent inspection escrow, wellhead setbacks, impervious area notation on plans, and reservation to review cumulative impacts from the developer's other pending applications.
Board member Tom voted against the motion, pointing to ongoing performance problems at the same developer's Cricket Corner subdivision basin, which has not been dredged after construction use. Other members expressed discomfort with some of the added conditions but supported moving forward with modifications.
The board also clarified definitions for substantial development and phased the project across two years. Two additional related subdivision cases were tabled to the first June meeting.
Topics discussed
Discussion of stormwater management design responses to Keech Nordstrom third-party review letter dated April 23; applicant seeks conditional approval. Board discussed conditional approval focusing on stormwater management, bonding, inspections, well setbacks, impervious area tracking, and cumulative impacts from related applications.
Board raises concerns about non-functioning basin from prior subdivision; engineer explains sediment buildup from construction use and lack of final dredging, with no direct design implications for current proposal.
Review of precedent/subsequent conditions (e.g., #7-9, #3, #5); board member proposes 14+ modifications including escrow for inspections, well setbacks, impervious area tracking, and cumulative impact consideration. Discussion on requiring a bond or equivalent security for stormwater infrastructure.
Clarification on 50% annual limit leading to three-year buildout; applicant proposes two units one year and three the next. Board refined definitions for active and substantial development and substantial completion, using driveway/BMP installation and first foundation completion.
Board agreed to table two additional subdivision applications and extend review deadlines to the first June meeting.
Controversy & dissent
Potentially controversial issues
Conditional approval of five-lot Monroe Properties subdivision with new stormwater, bonding, and cumulative-impact conditions
Split votes
Public comment
Decisions logged
Action items
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