Conservation Commission Refuses to Waive Wetlands Restrictions at Atkins Corner

Report on the Meeting of the Amherst Conservation Commission, July 9, 2025

This meeting was held over Zoom and was recorded.

Present
Michelle Labbe (Chair), Rachel Loeffler, Alex Hoar, Jason Dorney, and Bruce Stedman

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

Kyle Wilson of Archipelago Investments returned to the Conservation Commission for the fifth consecutive Conservation Commission meeting to ask if the commission would bend on its requirement that not more than 20% of the 50 to 100-foot wetlands buffer zone be disturbed by development. Wilson noted that the most recent revision of the design for a mixed-use development at Atkins Corner was smaller and farther away from the buffer zone than the original proposal. Unlike prior iterations, the 130-unit, two building plan has been entirely removed from the no-touch zone within 50 feet of the wetlands. However, the commissioners held firm that the project adhere to the Wetlands bylaw. 

In making his argument for an exception to the bylaw, Wilson noted that the new plan reduces the buildings from three to two, with 10 fewer units and no vehicle connections with Rambling Road. The plan still includes removing the lead and arsenic contaminated soil from the wetland buffer zone. In requesting a waiver of the bylaw, he said that the site has been previously altered by being used as an orchard in the past. “The soil is contaminated; the water is dirty; and the plants are invasive,” he contended. 

In public comment, Maria Kopicki strongly disagreed that the project should be allowed in its latest iteration. She maintained that the proposal does not comply with the bylaw. “It is not redevelopment, not riverfront, not paved with impervious surface,” she stated. She also disagreed with Wilson’s contention that the site is degraded and noted that  allowing for that designation would have implications for all of the areas in town that were previously sites of orchards. 

Only Commissioner Jason Dorney expressed some sympathy for Wilson’s request to encroach into the buffer zone more than the bylaw allows. He agreed with the rest of the commissioners that the site was not a redevelopment site, since it has not been a working orchard for many decades, but he did think the lead and arsenic contaminated soil should be cleared and that work done in the buffer zone could remove lots of the invasive species growing there. He also agreed with Wilson that the reason the wetlands existed in that location was because of stormwater runoff from the surrounding development of Applewood and the Upper Orchard being dumped there, which would probably not be permitted today. Nevertheless, he admitted that the area is currently a wetland, but said he might be in favor of “some degree” of variance beyond the 20%. When he asked what the percentage of disturbance of the buffer zone would be with the new configuration, Mark Stadnicki, engineer with GZA GeoEnvironmental replied that he had not recalculated the figure.

Commissioner Rachel Loeffler pointed out that there have been case studies using a type of fern to pull toxins from the soil, which could avoid the disturbance of removing the top foot of soil, but that would take much longer than some other methods (removal, burial, etc.)..

The other commissioners were flatly against allowing more than 20% incursion into the buffer zone. Wilson insisted that the contaminated soil needed to be removed or contained within a fence to prevent exposure of people walking on the site. This assertion is contrary to the advice of the Department of Environmental Protection (DEP). Mass DEP representative David Slowick told Amherst Conservation Agent Erin Jacque that “No normal MCP [Massachusetts Contingency Plan] is required for contamination resulting from normal pesticide application (unless or until soil leaves the site via stormwater structures, road tracking, rain water, or mixing/spill areas present on site).” In most cases, Slowick said, contaminated soils are covered over by parking areas or other soil in a deed restricted activity and use limited area (AUL). Slowick did not mention that fencing was needed for demarcating an AUL, instead indicating that fencing is used as a temporary measure during construction . He also noted that his office had not been consulted about Archipelago’s proposed project. The information he provided was based on recent construction at Applewood and the Eric Carle Museum, which have similarly contaminated soil. 

Although Slowick said, “On most sites, soil removal to remediate an entire site is not feasible or possible due to the extensive cost,” Wilson continued to maintain that removal of the contaminated soil was required. Conservation Commission Chair Michelle Labbe said that in the current condition, contaminants in the soil and water are being filtered through the existing wetlands, which would be negatively impacted by construction disturbance. She noted that the soil in most of South Amherst is similarly contaminated, so she would want an objective assessment by a restoration ecologist before she would characterize it as “severely degraded.”

Wilson argued that if he followed the bylaw, only about 45% of the site would be left for development, and that a viable project would require disturbance of more than 20% of the buffer zone. 

He concluded that Archipelago “does not have the appetite to make the case that this site is severely degraded.” He conceded that the commission thinks the disturbance should be kept to a maximum of 20% of the buffer area and that he will see if Archipelago can get a viable building plan that fits on the site and meets those requirements to bring back to the commission.

The project is on the agenda for the July 23 meeting.

New MRI Unit Planned for 170 University Drive
The Conservation Commission unanimously approved the installation of two concrete pads needed for cooling units for a new MRI machine at the Cooley Dickinson outpatient site at 170 University Drive.  Both concrete pads will be against the back of the building next to the MRI, however one of them is located within the 50-foot buffer zone of the wetlands to the south. CDH representative Kate Wilkins stated that attempts to place the chillers in other locations were not feasible. The units are too heavy to go on the roof and need to be close to the MRI. 

Labbe noted that the area is already paved, since it is next to the parking lot and against the building and placing the concrete pad there would cause less disturbance than modifying another part of the site. Commissioner Bruce Stedman asked if the commission should require a contribution to the town’s mitigation fund in exchange for the permission to build in the buffer zone, but Dorney strenuously objected, saying that there was such minimal incursion of only about 134 square feet and that none of the stormwater from that area would drain to the wetlands. 

Stormwater Drainage Plan Approved for Roundabout at Amity Street and University Drive 
At the commission’s June 27 meeting, Loeffler and Labbe expressed reservations about the impact of the stormwater drainage plan for the planned roundabout at the intersection of Amity Street and University Drive, especially with the large mixed-use building being built at the corner. DPW Environmental Scientist Beth Willson presented a more detailed description of the Hydrodome stormceptor system to be located within a 30-inch pipe that is meant to regulate stormwater discharge. The system has the ability to regulate flow through the pipe. Willson cited a letter from Town Engineer Jason Skeels who stated he does not believe the new intersection design will increase peak discharge rates of stormwater. 

Loeffler still expressed doubts. She admitted that the new design was an improvement over existing conditions, but wondered if it would be able to handle three or four inches of rain, with stronger storms anticipated in the future due to climate change. She advocated for a grant to cover a formal study of stormwater drainage as impacted by climate change. Willson noted that other towns, including Northampton and Belchertown, have a stormwater utility, a fee charged to residents to fund stormwater infrastructure and she urged the commission to support one in Amherst.

Loeffler abstained in the vote to approve the drainage for the roundabout, but all other commissioners voted in favor.

Water at Puffers Pond Remains within Limits for Safe Swimming
Assistant Town Manager and Conservation Director Dave Ziomek stated that weekly water testing at Puffers has remained acceptable for swimming, even after the Fourth of July holiday weekend when the pond was heavily used.  The Conservation Department is now planning to study the Mill River and Fort River watersheds.

The department is working with the Kestrel Land Trust to remove some invasive water chestnuts at the pond at Plum Brook near Kestrel headquarters. There will be an opportunity for the public to participate in removal of invasive black swallow wort plants at Wentworth Farms. This will probably take place in the next few weeks. Participants should be aware of the presence of ticks at the site.

Dorney noted the abundance of poison ivy on Mount Pollux and Wentworth Farm. Ziomek said the department attempts to control poison ivy by “burning” it with a solution of vinegar, salt and dishwashing liquid. He said that he is not aware of the town ever spraying or using glyphosate.