Planning Board — August 21, 2024
Amherst approved a driveway needing three safety waivers — then couldn't fully review it because the DPW Director was on vacation and the Fire Chief didn't show.
The meeting was dominated by a formal adversarial quasi-judicial hearing with multiple attorneys, competing engineering claims, property rights disputes, public safety concerns, and pointed board criticism of both the applicant's incomplete submissions and the DPW's unexplained reversal, making this well above a routine planning board session.
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At its August 21 meeting, the Amherst Planning Board spent most of its session on a contested driveway permit appeal for 32-36 Old Manchester Road — and what residents heard should prompt serious attention before the next hearing on November 6, 2024.
The DPW approved a driveway permit that requires three simultaneous waivers of the town's own safety standards: the driveway grade is 12% where the maximum is 8%; the apron flare is 45 feet where the maximum is 24 feet; and the side slope is 2:1 where the required range is 4:1 to 6:1. Neighbors, represented by an attorney, appealed the permit and argued the combination of waivers creates public safety hazards — particularly for emergency vehicle access. What made the hearing even more difficult: the DPW Director, whose department approved the permit after denying it twice before (at 18% grade, then at 15%), was on vacation and did not attend. The Fire Chief, whose assessment of emergency vehicle safety is directly relevant to the 12% grade question, was also absent. The board chair said plainly: 'I'd like to understand what the thinking is' behind the DPW's reversal. That question remains unanswered.
The board also learned that a required stormwater analysis has not been completed. Board member Bill stated that this analysis is a regulatory requirement for any driveway permit and that the applicant has not met it. Neighbors identified two natural water courses that would be blocked by 30 feet of fill, raising concerns about drainage impacts on abutting properties and the Old Manchester Road culvert. Separately, a neighbor holds permitted driveway and parking rights dating to 1979 that may be encroached upon by the proposed design — a property rights conflict the board acknowledged but did not resolve. And a $300,000 project is currently bonded at $600 — a disparity raised by the neighbors' attorney that the board did not address.
The hearing was continued unanimously to November 6, 2024 at 7 p.m. at Town Hall. As conditions of further review, the board required the applicant to complete a stormwater analysis and to arrange testimony from both the DPW Director and the Fire Chief. If you live near Old Manchester Road or care about how Amherst manages safety waivers and regulatory compliance, this is a hearing worth attending.
Public impact
Localized but potentially life-safety consequence; Fire Chief's testimony required before any approval; driveway geometry exceeds town standards on three separate dimensions simultaneously
Topics discussed
Neighbors appeal DPW's approval of driveway permit for Map 8 Lots 83.14, 83.15 at 32-36 Old Manchester Road, requiring three waivers for grade (12% vs 8% max), apron flare (45ft vs 24ft max), and side slope (2:1 vs 4:1-6:1 range). Case continued from June 19, 2024.
Attorney Arianna McCrory argued that strict conformity would not pose unnecessary hardship, waivers are contrary to spirit of regulations, and the combination of three waivers creates public safety concerns for emergency vehicle access.
Appellants claim proposed driveway encroaches on existing driveway rights granted to Stephen Lewis in 1979, and raises concerns about water runoff affecting abutting properties and Old Manchester Road culvert.
Board members expressed concern that no stormwater analysis has been completed, which is required for driveway permits, and questioned whether drainage patterns would be significantly altered.
The board noted absence of DPW Director Eric Slazik (on vacation) and Fire Chief Connolly, whose input was crucial for evaluating the 12% grade waiver and emergency vehicle safety concerns.
Applicant's attorney Brett Allard noted 2021 Superior Court decision established client's right to use northerly private way but not southerly way, making this the sole viable access option for the property.
Attorney Connor Mahony outlined the legal standard requiring demonstration of undue hardship and no likelihood of injury to public health, safety, or welfare, comparing to zoning variance standards but noting differences.
Engineer Trevor Yandel explained that larger apron flare is needed for emergency vehicle turning movements, guardrails placed based on AASHTO standards, and 12% grade represents compromise after previous 18% and 15% proposals were denied.
Controversy & dissent
Potentially controversial issues
Driveway Permit with Three Safety Waivers at 32-36 Old Manchester Road
Missing Stormwater Analysis for Driveway Permit
Absence of Key Town Officials at Hearing (DPW Director, Fire Chief)
Property Encroachment on Stephen Lewis's 1979 Driveway Rights
Split votes
Community vs. board tension
Public comment
Decisions logged
Action items
Accountability flags
Topics discussed — not on agenda
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