Conservation Commission Still Not Satisfied with Archipelago Plans

Report on the Meeting of the Amherst Conservation Commission, June 25, 2025

This meeting was held over Zoom and was recorded.

Present
Michelle Labbe (Chair), Rachel Loeffler, Alex Hoar, Andrey Guidera, and Bruce Stedman.

Staff: Erin Jacques (Conservation Agent) and David Ziomek (Assistant Town Manager).

After the previous two plans were rejected by the Conservation Commission because of its extensive incursion into the wetlands buffer zone, Kyle Wilson of Archipelago Investments presented, in their fourth appearance before the commission, a third revised plan for the mixed-use development off of West Bay Road and Route 116. The new plan combines the two buildings at the western part of the site on Gould Way into a single four-story building located closer to Bay Road and farther from the wetlands buffer. Parking for that building would be close to West Bay Road, and the woonerf  (a mixed use path prioritizing pedestrians and cyclists over vehicles) with a permeable parking area and connection to Rambling Road was eliminated. The new design reduces the number of units in the project from 140 to 130.

In the new plan, there would beno construction in the 50 foot “no work” buffer, but the 50-to 100-foot buffer area would become outdoor space for residents, involving lawns and some outdoor amenities. A fence would be placed at the border with the wetlands to prevent children from entering the area, which is contaminated with lead and arsenic from the area’s previous use as an orchard. 

Wilson said he has not presented the revised plans to the Fire Department or to the Planning Board, but wanted assurance from the Conservation Commission that he was on the right track, before he devoted more time and money in a complete design. If the commission gave a favorable opinion, he said he would refine the plans and bring them back in July.

The commissioners were still not satisfied. The Wetlands Bylaw states that no more than 20% of the buffer zone can be altered by a project, and even with the redesign, this project alters about 35% of the 50- to 100-foot buffer. Chair Michelle Labbe noted that even permeable development, such as the lawn and other amenities planned for the outdoor space, impact the wetlands. She said that the purpose of maintaining the buffer zone is to promote wetland function and biodiversity. 

Bruce Stedman asked if the buildings could be smaller, but Wilson said there need to be enough units to support the cost of developing this complicated site, with its contaminated soils and slope, and also to give Hampshire College the return it needs for the sale of the property.

Conservation Agent Erin Jacque met with representatives from the Massachusetts Department of Environmental Protection (DEP) regarding the handling of soils contaminated by lead and arsenic during construction. Although the DEP representative David Slowick was not familiar with the specific site, he was aware of Applewood and the Eric Carle Museum, which have similarly contaminated soil. The notes from the discussion state, “On most sites, soil removal to remediate entire site is not feasible or possible due to the extensive cost. Soils are typically covered under parking areas (as Activity and Use Limitation Areas, or AULs on the site), buried and capped with clean soil or restricted on site (capping must be done above ground water elevation), again with deed restricted AUL. Remaining soils must be ‘restricted access.’ There is no requirement from DEP for transport of the contaminated soils off-site. Applewood and Eric Carle Museum are examples where contaminated soils were left on site. DEP staff member has never seen a project attempt to strip all soils from the site as proposed here and stated it is unfeasible. Said it would cost many millions of dollars.”

The commission voted to continue the discussion of the project on July 9.

Battery Storage Approved for Hickory Ridge with Conditions
PureSky Energy’s representative Lawrence Cook responded to 11 questions from a member of the public regarding the use of Centipede storage batteries and monitoring system in conjunction with the solar array at Hickory Ridge on West Pomeroy Lane. The company had previously planned on using Powin batteries, but that company filed for bankruptcy. The commission then unanimously approved the additional work needed for installation of the batteries. 

The conditions for construction include a preconstruction meeting before beginning the needed trenching and culvert construction. Jacque requested that a biologist be on site when the turtle barrier is moved to ensure that the turtle habitat is preserved. The fence surrounding the project has been raised several inches off the ground to allow for the movement of small animals. Before completion, the project will be required to obtain additional certificates of compliance, Jacque said, so the commission will have leverage to make sure that all required conditions are met.

Stormwater Drainage a Concern for University Drive—Amity Street Roundabout
Beth Willson, Environmental Scientist in the Department of Public Works, presented the commission with a grading plan for the roundabout planned for the intersection  of Amity Street and University Drive. She felt that the nine new four-foot sump pumps should be able to deal with more than an inch of rain, even with the 7,450 square feet of impervious area created. The pumps are in addition to new catch basins and a stormceptor system to filter the run-off. She said that one of the drainage pipes will need to be replaced, but the rest are in good condition. 

Commissioner Rachel Loeffler questioned the lack of a formal stormwater study to verify that the plans were adequate to handle the stormwater for the increasingly heavy storms due to changing climate. She also worried that by fixing the broken pipe, flow through that area will increase, impacting the new building that Barry Roberts plans at 422 Amity Street. 

Willson said that a formal stormwater report would cost $15 to $20,000, and she thought the money would be better spent on the project itself. Jacque noted that the construction of 422 Amity would add a headwall and additional drainage measures. Stedman said that he took part in the site visit, and that the plans seemed straightforward; however, he did not have time to fully review the plans submitted.

The vote was 2-2-1, with Labbe and Loeffler voting no and Andrey Guidera abstaining. The matter was continued to the July 9 meeting. Labbe said she wanted more information on the stormceptor system.

Weekly Water Testing at Puffer’s Pond Has Begun
Assistant Town Manager Dave Ziomek reported that the town is testing the water quality at the Puffer’s Pond beaches weekly and is periodically testing the water upstream and in the Cushman Brook. He said that UMass has offered to help with the analysis of the water flow. The town also received a grant to plan for work on the dam. The pond is currently open for swimming. 

In addition, the town has done some water quality testing of the Fort River in South Amherst, Amherst’s other major waterway.  Water testing results for Puffers Pond can be found here.  Water test results for the Fort River can be found here.