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Planning Board — November 6, 2024

Amherst Planning Board approved a 9-lot subdivision and $272,500 in developer road fees on November 6 — a final decision the public agenda had only listed as a continuance request.

The meeting featured formal legal opposition to a driveway permit, active community pushback on a subdivision approval, an off-agenda final decision on significant developer exactions, and a skeptical board member questioning the adequacy of storm design standards — collectively producing a contentious atmosphere despite unanimous votes.

Date Wednesday, November 6, 2024 Duration 3.7h Speakers 2 Decisions 6 Spirited

📄 Agenda

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⚠️ Amherst Planning Board – November 6, 2024: What the agenda said vs. what actually happened

The public agenda listed the Vonderosa Properties 9-lot subdivision on County Road as a continuance — meaning residents reading the agenda had every reason to believe no final decision would be made that night. Instead, the board conducted a full hearing and voted unanimously to approve the subdivision, including $240,000 in developer contributions toward County Road paving and $32,500 toward the Upham Road/County Road intersection. That's $272,500 in financial conditions attached to a final land use approval — decided without public notice that it was on the table.

Residents who showed up still raised serious concerns. One neighbor, Phil Martin, warned the board directly: once County Road is paved, drivers won't be doing 40 or 50 mph — they'll be doing 60 or 70. That's a real safety concern for people who live there now. Another resident questioned whether the applicant's frontage measurement was accurate (300 ft claimed vs. a possible 600 ft), which would directly affect how the road improvement fees were calculated. Neither concern was resolved before the board voted to approve.

Separately, a driveway permit appeal for Map 8, Lots 8314 and 8315 — already denied twice at higher grades — continues to be contested. Abutters argue that three simultaneous regulatory waivers (grade, side slope, and apron) create compounding safety and drainage risks for neighboring properties. The board ordered an independent technical review by Keach Nordstrom and asked DPW and the Fire Chief to re-examine the latest plans before a December 18 continuation. That's a reasonable step, but abutters have been seeking a denial for months.

Also worth noting: a board member raised a pointed concern about whether stormwater systems designed to handle '100-year storms' are still adequate, given that he's personally seen multiple such events in the last 25 years. The board acknowledged the concern and moved on. With a 44-lot subdivision (PZ18273) still pending — and the board already discussing whether to move that hearing to the high school due to expected public turnout — now is the time for County Road-area residents to pay close attention. Next meetings: November 20 and December 18.

Nov 6, 2024 3.7h long 2 speakers 6 decisions Spirited

❝ Notable statements ↔ Drag to browse

“We denied the first two applications at 18% and 15% grade, but approved the third at 12% grade with safety modifications including single slope drainage, guardrails, and wider shoulder areas”

— Eric Slozik (DPW Director) · Explaining the rationale for approving the driveway permit after previous denials 19:20

“Highland Drive itself is 14-15% grade, which provides context for evaluating this 12% driveway grade”

— Matt Conley (Fire Chief) · Comparing the proposed driveway grade to existing steep roads in the area 59:46

“The compilation of three waivers creates inherently dangerous conditions that don't ensure public safety and safe accessibility for emergency vehicles”

— Speaker B (Attorney McQuarrie) · Arguing that multiple waivers together violate the spirit and intent of regulations 01:30

“The infiltration basin is designed to handle 1-inch to 50-year storm events, with spillway discharging larger storms while maintaining flows below pre-development conditions”

— Trevor Yenda (Engineer) · Addressing stormwater management concerns raised by abutters 19:20

“I have to say in the time that I've been on the planning board, I know that I've heard about a number of hundred year events, all of them taking place within 25 years”

— Board Member · Expressing skepticism about stormwater design standards given climate change 1:13:23

“Soon as you pave that, they're going to be flying. They're not Going to be doing 40 of 50. It's going to be 60 or 70. So you're going to impact me for sure.”

— Public commenter (Phil Martin) · Resident concern about increased traffic speeds once County Road is paved 2:21:01

“What I don't want to do is to have me and everyone else in town pay for these improvements that they get the benefit of. When they pay for, like, you know, 1% of those. I'm not okay with that.”

— Speaker A (Chair) · Board member expressing concern about developer paying fair share of road improvements 2:39:10

“The planning board is just making an exaction so that if the town decides to do this work, which is necessary, and when they decide to do it, a proportionate share is available, funded by the developer and not the taxpayers.”

— Unidentified speaker · Clarifying that impact fees don't commit town to do the work, just ensure developer contribution if work proceeds 2:39:10

“Nick, it's been terrific working with you. I mean, the town's been very fortunate, and I've been fortunate. So thank you very much for your patience, your diligence and your extraordinary competition.”

— Unidentified speaker · Chairman thanking departing staff member Nick for his service 3:37:41

This meeting — choose a section

Public ⁠impact

Issues from this meeting with documented community impact.

What was discussed

$272,500 total developer contribution ($240,000 for County Road improvements, $32,500 for Upham Road/County Road intersection) tied to a 9-lot residential subdivision approval

What was discussed

9 new residential lots with private road access off County Road; road paving and intersection changes anticipated as downstream consequence

What was discussed

44-lot subdivision with 7 conservation lots; anticipated large public attendance signals significant community-wide concern

What was discussed

12% grade driveway with three regulatory waivers; prior applications at 18% and 15% were denied; stormwater and emergency vehicle access remain unresolved

Topics ⁠discussed

Each topic expands to quotes and full context.

Speakers: Unidentified speaker, Speaker B (Attorney McQuarrie), Eric Slozik (DPW Director), Matt Conley (Fire Chief), Brett Allard (Applicant Attorney), Trevor Yenda (Meridian Engineer)

What was discussed

Planning Board continued discussion of appeal regarding driveway permit for Map 8 Lots 8314 and 8315, with presentations from abutters, town officials, and applicants.

Speakers: Unidentified speaker, Lee Gilman

What was discussed

Attorney McQuarrie presented concerns about three waivers (grade, side slope, apron) creating safety hazards and stormwater drainage issues affecting neighboring properties.

Speakers: Planning Board, Tracy

What was discussed

Board determined that DPW/Fire need to review latest plans and Keach Nordstrom should review stormwater management and architectural design plans at applicant's expense.

Speakers: Eric Slozik, Matt Conley

What was discussed

DPW Director and Fire Chief explained their decision to approve after two previous denials, citing modifications that made the 12% grade acceptable with safety measures.

Speakers: Trevor Yenda

What was discussed

Engineer Trevor Yenda presented infiltration basin design and drainage patterns, addressing concerns about water flow onto abutting properties.

Speakers: Board Members, Eric Slozik, Matt Conley, Trevor Yenda

What was discussed

Planning Board members questioned town officials and applicant about safety measures, stormwater management, and comparison to existing steep roads in the area.

Speakers: Planning Board, Nick

What was discussed

Request to continue case PZ18273 for 7 conservation lots and 37 residential lots, with discussion about venue at high school due to expected large attendance.

Speakers: Attorney Israel Piedra, Chuck Ritchie

What was discussed

Applicant presented revised plan changing from shared driveways to private road serving 5 lots, reducing County Road access points and requesting three waivers for road standards.

Speakers: Unidentified speaker, Planning Board members, Applicant

What was discussed

Applicant presented revised plans reducing County Road entrances from four to two, with a new cul-de-sac design (985ft long with 55ft radius). Board discussed whether this addressed their previous concerns about minimizing County Road impacts.

Speakers: Unidentified speaker, Board members, Applicant

What was discussed

Extensive debate over how much the developer should pay toward County Road improvements. Board debated using full 1.2-mile cost estimate versus just the frontage portion, ultimately settling on $240,000.

Speakers: Unidentified speaker, Public commenters

What was discussed

Residents expressed concerns about increased traffic speeds on paved roads, drainage impacts on neighboring properties, and questioned the accuracy of frontage measurements (600ft vs 300ft claimed).

Speakers: Unidentified speaker, Applicant

What was discussed

Discussion of developer contribution to Upham Road/County Road intersection improvements. Board approved $32,500 contribution (25% of intersection costs).

Speakers: Unidentified speaker

What was discussed

Planning Board acknowledged departing staff member Nick's contributions. Steve Keech will fill in temporarily while the town searches for a permanent replacement through a committee process.

Controversy & ⁠dissent

Where the board, the community, or the agenda diverged.

Potentially controversial issues

Driveway Permit Appeal – Safety and Drainage Waivers

Abutters, represented by Attorney McQuarrie, argue that three simultaneous waivers (grade, side slope, apron) compound safety risks and create stormwater runoff onto neighboring properties. Town officials previously denied this application twice before approving a modified version, signaling genuine regulatory uncertainty. The dispute pits a property owner's development rights against neighbors' safety and drainage concerns.

Board position: Deferred final decision; ordered independent technical review by Keach Nordstrom and DPW/Fire review of latest plans before December 18th continuation.

high concern

Vonderosa Properties 9-Lot Subdivision – Developer Road Exaction Amounts

The board engaged in extensive debate over how much the developer should pay toward County Road improvements — a topic not clearly flagged on the agenda as a final-decision item. The gap analysis identifies this as a significant off-agenda controversy. The board settled on $240,000 for road improvements and $32,500 for the intersection, with the chair explicitly stating taxpayers should not subsidize developer-driven road needs. The methodology (using full 1.2-mile cost vs. frontage-only) was disputed, and the final figures represent a significant financial obligation imposed on the developer.

Board position: Approved $240,000 County Road exaction and $32,500 intersection exaction unanimously, with chair leading forceful advocacy for taxpayer protection.

high concern

Vonderosa Properties 9-Lot Subdivision – Traffic Speed and Drainage Impacts on Neighbors

Resident Phil Martin raised concerns that paving County Road will cause traffic speeds to increase dramatically (from 40-50 mph to 60-70 mph), directly impacting his property. Additional residents questioned the accuracy of frontage measurements (600 ft vs. 300 ft claimed) and raised drainage impacts on neighboring properties, suggesting the applicant may have misrepresented key facts.

Board position: Board proceeded to approve the subdivision with conditions and exactions; traffic speed concerns were not directly resolved.

medium concern

Stormwater Design Standards and Climate Change Adequacy

A board member publicly expressed skepticism about relying on standard 100-year storm design thresholds, noting that multiple '100-year events' have occurred within the past 25 years. This reflects a broader tension between regulatory standards and climate reality, and raises questions about whether approved drainage designs adequately protect neighboring properties.

Board position: Board acknowledged the concern but did not change the design standard; ordered independent stormwater review by Keach Nordstrom for the driveway case.

medium concern

Vonderosa 44-Lot Subdivision (PZ18273) – Venue and Large Attendance Anticipated

The board is anticipating unusually large public turnout for this 44-lot subdivision hearing, to the point of considering moving it to the high school. This signals significant community concern about a major residential development that has not yet been fully heard, raising questions about density, infrastructure, and neighborhood character.

Board position: Continued to November 20th to assess high school availability for a December 18th hearing.

medium concern

Road Standard Waivers Approved Without Full Public Agenda Notice

The agenda indicated a continuance was requested for the Vonderosa 9-lot subdivision, but the board instead conducted a full hearing and made final approvals — including road standard waivers and significant financial exactions. This is an off-agenda decision of high significance; residents who relied on the agenda had no reason to attend or prepare comments on the final outcome.

Board position: Approved all waivers and final subdivision unanimously without acknowledging the deviation from the expected continuance.

medium concern

Community vs. board tension

⚖

Driveway Permit Safety Waivers – Abutters vs. Town Officials
Community wants: Abutters want the driveway permit denied, arguing the cumulative effect of three waivers creates unsafe conditions and drainage problems on their properties.
Board response: Board declined to rule immediately and ordered additional independent technical reviews, effectively delaying resolution while giving the applicant another opportunity to satisfy concerns. Abutters did not get the denial they sought.

⚖

County Road Paving and Traffic Speed Impacts on Residents
Community wants: Neighboring residents fear that paving County Road as part of this subdivision will dramatically increase traffic speeds, creating safety hazards for existing residents.
Board response: Board approved the subdivision with road exactions intended to fund future improvements, but did not specifically address the traffic speed concern raised by residents. The exaction mechanism does not prevent or mitigate the speed concern.

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Public ⁠comment

What residents said — verbatim, with timestamps.

No public comments were identified in this meeting.

Decisions ⁠logged

Every recorded vote, with timestamps and dissents.