Long road to Longmeadow project wends its way forward

By Scott Merzbach
Staff Writer

Published on October 02, 2009

After nearly eight years of legal challenges, an affordable housing project that will provide housing for 26 low-income families in the Orchard Valley section of Amherst could break ground this fall, following a decision by the Zoning Board of Appeals.

The ZBA unanimously voted to deny an appeal from neighbors seeking to withdraw four building permits issued in March by the building commissioner to HAP Inc. for its Butternut Farms project. The decision, made Aug. 25 by board members Tom Simpson, Hilda Greenbaum and Tom Ehrgood, was filed with the town clerk Sept. 15.

Karen Leveille, project manager for Butternut Farms, said the denial of the final lawsuit by concerned residents means the $9.2 million project can begin.

"On the one hand, the ZBA's recent decision clears another hurdle," Leveille said. "Now we are hoping the funding decision will follow neatly behind."

Leveille explained that HAP, a nonprofit housing agency in Springfield, is awaiting word on whether it will receive $5 million to $6 million in federal stimulus funding to help construct the apartments on 4.1 acres at the corner of Longmeadow Drive and West Street. If this stimulus money arrives, HAP would have to follow a specific timeline.

Lawsuits and appeals by neighbors began in February 2002, only months after the project came up for review for its comprehensive permit. At the time, neighbors complained about a possible increase in noise, crime and traffic and decrease in property values, privacy and open space.

The project will have three one-bedroom apartments with monthly rents from $391 to $618, 14 two-bedroom units from $466 to $818 and nine three-bedroom for about $983. Those with Section 8 vouchers will continue to pay 30 to 35 percent of their income.

Of the units, 70 percent will be reserved for those who live or work in Amherst, 20 percent for minority households and 50 percent for those with Section 8 vouchers.

Leveille said one outstanding appeal related to a Conservation Commission decision remains. This is working its way through the appeals court.

In its decision, the ZBA noted that it did not find the changes in the plans since 2001 to be legally significant. Neighbors, represented by Robert Quinn, had argued that alterations to the drainage and grading plan, relocation of a play area and an increase in the impervious surfaces by sidewalks and bulkheads were of such significance that the building permits should be taken away.

The ZBA, though, did agree on two points made by the neighbors. It will require HAP to replicate an isolated wetland in accordance with the town's Wetlands Bylaw, with replacement at a 2-to-1 ratio, and to have HAP send a letter to the Board of Health stating that contaminated soil has been found on the site.

Neither decision is problematic or surprising, Leveille said.

The plans already called for a 1.5-to-1 ratio in replicating the wetland, which cqan be easily modofied, Leveille said.

HAP has contracted with an environmental engineering firm to deal with the removal of soil, possibly contaminated with arsenic and lead, which is common in parts of South Amherst.

"We will do everything we are required to by law," Leveille said.

In fact, according to the Zoning Board decision, only one location on the site had chemicals in levels that were required to be reported to the state Department of Environmental Protection.

Though neighbors asked that the Zoning Board rule that HAP not be allowed to demolish a farmhouse that was originally planned to be used as part of the project, the board determined this would be overstepping its authority. The farmhouse has deteriorated, but HAP officials have said it is still expected to be incorporated into plans for the site.

Senior Planner Jeff Bagg, who wrote the decision on behalf of the ZBA, said the 20-day appeal period for its decision comes to a close on Oct. 5.