Planning Board — July 17, 2024
Planning Board discussed new warrant article on contractor home businesses without listing it on the agenda.
No public comments, no split votes, and all agenda items were standard administrative or permitting matters with no evident conflict.
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At its July 17 meeting the Amherst Planning Board discussed drafting a warrant article to regulate landscaper and contractor home businesses. The item appeared only under other business and was not on the published agenda, so residents had no advance notice or opportunity to prepare comments.
The same meeting approved the Cavaney two-lot subdivision and conditional use permit at 82 Lake Road. The board granted waivers for stormwater studies and driveway separation requirements, accepted a substitute stormwater plan to be filed later with the building permit, and set five-year markers (driveway clearing for active development, foundation for substantial completion) to prevent perpetual grandfathering.
All recorded votes were unanimous. Official minutes have not yet been posted.
Topics discussed
DPW requested approval to remove specific dead or hazardous trees on scenic roads (Austin, Chestnut Hill, Green, Eaton, Mac Hill) due to safety and maintenance issues; discussion covered flagging, wood removal, and stump handling.
Eversource presented plans for tree trimming and removals along 23x5 lines in Amherst and surrounding towns to improve reliability after recent storms; topics included hazard tree criteria, homeowner consent, wood disposal, and distinction between trimming vs. removals.
Board addressed two subdivision cases (PZ18273120523 and PZ18272120523); first continued to October due to pending third-party reviews; second involved discussion of common driveway design, private road classification, stormwater BMPs, and need for fire/DPW input.
Applicant representative addressed fire department review, common driveway design (20 ft wide, NFPA compliant), lot count rationale (started at 10, settled on 9), frontage access rules under section 303, and need for no waivers on current design. Board discussed regulatory ambiguities on driveways vs. private roads and frontage access.
Two-lot subdivision of tax map 6 lot 30 plus conditional use permit for driveway in 25 ft wetland buffer. Applicant presented revised plan with contiguous 200 ft frontage, wetland buffer mitigation via placarding and naturalization, and requested waivers for studies (210.3) and stormwater. Public comment from abutter on wetland conditions and driveway proximity. Later discussion of net track area requirements, waivers for stormwater and driveway regulations, and conditions. Board debated and set markers for active and substantial development (driveway clearing) and substantial completion (foundation installation) to limit grandfathering of approvals. Motions to waive stormwater and driveway requirements and approve the subdivision and CUP with conditions including placarding, impact fees, and stormwater plan filing with building permit. Adoption of findings of fact for both applications.
Approval of voluntary merger of Map 2 Lots 49 and 53 for the Subaru dealer site plan.
Approval of June 19 minutes and discussion of drafting a warrant article on landscaper/contractor home businesses.
Controversy & dissent
Public comment
Decisions logged
Action items
Accountability flags
Topics discussed — not on agenda
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