Archipelago’s New Tactic for Atkins Corner Development: Demand Change to Wetlands Bylaw

Report on the Meeting of the Conservation Commission, August 27, 2025

This meeting was held over Zoom and was recorded.

Present

Andrey Guidera (acting chair), Jason Dorney, Alex Hoar, Rachel Loeffler, and Bruce Stedman (two vacancies)

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

Unable to Make Project Conform to Existing Bylaw, Archipelago Proposes That the Bylaw Be Changed
This is the eighth appearance of Kyle Wilson of Archipelago Investments LLC to present the proposed 140-unit mixed-use building at Atkins Corner to the Conservation Commission. Because of the extensive wetlands in the area, Wilson has been unable to design a project of that size that does not encroach on the 50-foot wetlands buffer and that disturbs no more than 20% of the 50 to 100-foot buffer, as required by the 2022 Wetlands Bylaw. The Conservation Commission had continued the hearing, expecting Wilson to present a compliant plan, but instead he suggested that the commission amend the bylaw to exempt all property in the town’s business districts. Atkins Corner is zoned Business Village Center, which allows denser development, but the wetlands protections still stand. 

In arguing for the bylaw change, Wilson noted that the Amherst bylaw uses the same language as Northampton’s, but Northampton exempts the central business district, the general business district, and the highway business district from adherence to the buffer zone requirements, especially for the creation of housing. The Amherst bylaw has no exemptions, and he urged the Conservation Commission to modify the bylaw to allow more development in business zones. He maintained that the business zones occupy less than two percent of Amherst’s land, and relaxing the bylaw requirements would help the town meet its housing production goals. 

Assistant Town Manager Dave Ziomek quickly objected to discussing Wilson’s proposal, stating that the topic was not on the agenda but added that it could be added to the agenda of a future meeting to talk about the implications of changing the bylaw and the steps involved. He noted that there are some projects in highly developed areas that are challenging to permit due to the proximity to wetlands. 

Conservation Agent Erin Jacque said that the Conservation Department had been talking about making some updates to the bylaw, but doing it because of one project felt,to her, “the equivalent of spot zoning.” She explained that when the town was developing the bylaw, the Conservation Department looked at the full context as it pertains to Amherst and noted that conditions are different in Northampton, where there is a highly urbanized area near the center of town. In the case of Atkins Corner, she said, we are talking about areas that have never been developed, that have high water tables and extensive wetlands. She cautioned against “creating a potentially unsustainable situation by putting high-density development in a high groundwater area where we don’t have the capacity for stormwater or water management.”

She continued, stating that this was a developable site that could be developed without changing the bylaws, possibly with some mitigation or payment to compensate for minor incursion on the wetlands.

Commission member Andrey Guidera noted that Wilson’s suggestion would put the decision in the hands of the zoning, not conservation, department He added that “there are two different things going on  – one is the project and the other is your ask to change the bylaw.” Wilson then asked for another continuance of the hearing.

Guidera next allowed public comment (see below) before continuing commissioner comments during which Alex Hoar asked that the hearing be concluded due to the applicant’s noncompliance with the requests of the commission.  “We’ve asked several times, and granted several continuances, to bring us a plan that doesn’t violate the buffers.” He also did not agree with “amend[ing] the rules for a project” pointing out that even if the bylaw were to be amended, it would take a long time. “Conceivably, Archipelago would be asking for a continuance until we conclude that process, which may be a year.”

Jacque suggested that the commission spell out what it expects of Archipelago for the next meeting. Guidera instructed Wilson that the commission would like answers to all their questions. Commissioner Jason Dorney made a motion for  a continuance to September 24. Hoar asked if he could amend the motion but Ziomek said that they could only vote in favor or against the motion as stated which passed with Hoar abstaining. 

Discussion continued afterwards with Hoar wondering “whether or not there are consequences if [Archipelago] doesn’t deliver a plan to us that we’ve asked for four or five times.” Guidera expressed hope that the hearing could be concluded on September 24, but noted that there would now be some off-line discussion about changing the bylaw. Hoar called for a straw poll, “Can we have a raise of hands on how people feel about amending the rules for this project?” Dorney responded that “We’re not talking about amending rules for this project. We’re talking about amending rules in general.” But Guidera pointed out that “We’re talking about amending rules in general because this project has requested it – so that their project can fit in. I have a hard time seeing, seeing one without the other.” 

Ziomek stated, “I did not want to suggest that this was the appropriate time to look town-wide, in the middle of an ongoing, continued hearing for this project. And I can’t commit to any kind of expedited review of the bylaw with the Planning Department, anything like that…I think these are on separate tracks and separate timelines as well.” He concluded, “We will work on a meeting in the future where it might be good for staff to come back, perhaps with a planning staff member, to talk with you, but that’s for a future meeting.”

Public Comment Condemns Proposed Project as Too Large for the Site
Several members of the public spoke against the proposed project. Noting the numerous times that Wilson has come before the commission, Maria Kopicki stated, “Archipelago has been nonresponsive to what you have asked—a plan that complies with the bylaw±and now we are cycling through again.” She maintained that this is a developable site, just not at the very large size proposed. She urged the commission to hold to the bylaw, and not to continue the hearing indefinitely.

Carol McNeary said that the site is not a high-density business area, since the only business there is Atkins Country Market. She said that the people in the neighborhood are alarmed because of the height and size of the proposed buildings, and the increase in traffic they would bring, since the site is not close to public transportation. She added that she was surprised to hear about the suggestion to change the bylaw after all the previous meetings. She maintained that a bylaw change is not a small thing and may have great ramifications in the future. 

Katie Naughton stated, “The fact that Archipelago can’t develop the site as it wants to doesn’t mean that bylaws need to change.” She noted that the company has not been responsive in providing a valid traffic study and insisted on the hardship of removing the lead and arsenic soil when the Department of Environmental Protection advised against removal, “They continue trying to force a round peg into a square hole,” she said.

Janet Chevan said she was sympathetic to Archipelago’s efforts to maximize the income from this development. But after seeing how other municipalities have been inundated by flooding and hurricanes, she realizes how important it is to protect our wetlands.

Paul Juris noted the “astounding claims” that Archipelago has made in order to get a variance from the bylaw. He said the stated plan for a daycare as the nonresidential use on the site is clever, because a daycare doesn’t need as much parking as a retail establishment. But if the company can’t get a daycare to locate to the site, it will need more parking. which would result in further encroachment into the buffer zone. 

The hearing will be continued on September 24. 

Amherst Community Land Trust Seeks Guidance in Developing Affordable Housing on Amity Street
Amherst Community Land Trust (ACLT) has been offered the opportunity to purchase the large house at 174 Amity Street at about half of its assessed value in order to construct affordable home ownership units. ACLT President Linda Slakey was joined by architect Bruce Coldham and Environmental Engineer Bucky Sparkle to get preliminary guidance from the commission on how to deal with a small patch of wetland in the southeast corner of the site. 

The wetlands area was most likely formed when a large area of the lot to the east was paved for a parking lot. The runoff from the parking lot was compounded by accumulated vegetation along the fence at the rear of 174 Amity Street resulting in 1,435 square feet of wetlands vegetation. Sparkle hypothesized that if the accumulated vegetation and fence were not there, most of the water would have continued to run downhill off the property. 

Adhering to the 50 or 100-foot buffer from the wetlands takes away much of the buildable area on the site, so ACLT wanted to know if the commission was willing to adjust the guidelines for development of the site. Coldham wanted to know if development would be permitted in the 50- to 100-foot buffer zone to allow the duplex to be optimally sited. Slakey briefly explained the land trust model, where the home is jointly owned by the land trust and the homeowner, which allows it to be purchased at a much-reduced price, but when it is sold the homeowner must sell it to a qualified buyer at a similarly affordable price according to the area mean income, so the homeowner’s equity is limited, but the home remains affordable in perpetuity.

Conservation Commission member Bruce Stedman noted that the commission’s job is to protect wetlands. He said that it is possible that with better maintenance and drainage of the site, the wetland may go away, but there is no way of knowing what will happen in the future.

Guidera said he saw a possibility of allowing an exception to the bylaw, which caps disturbance between 50 and 100 feet of the wetland at 20 percent, especially for affordable housing. Rachel Loeffler noted that if there are more than four units on a site, there are stringent guidelines regarding stormwater management. 

Jacque pointed out that if the project were considered a redevelopment project, there is more leeway regarding the bylaw. She thought that since there was already a building on the site, a case could be made that it was a redevelopment project. Stedman felt that the commission would be open to working out some compromise for building within the 50 and 100-foot buffer, but that there should be no disturbance within 50 feet of the wetland.

Work Proceeding on Mount Pollux, Hickory Ridge, and High School Track and Field
Ziomek reported that work is underway to expand the parking lot on Mount Pollux to make it easier to turn around and to create a small Americans for Disability Act (ADA) compliant path to a lookout. That work should be completed this weekend, after which the town will construct a guardrail around the parking lot and erect an informational kiosk.

Work continues on the trails at Hickory Ridge. Ziomek said the bridge over the Fort River that will connect to trails to the north has been put out to bid. He added that the town is trying different nontoxic methods of weed control on the trails, such as a backpack torch and water pack to burn back the weeds and a combination of salt, vinegar, and Dawn detergent to avoid the use of herbicides.

Work on the high school track and field is on schedule and on budget. Ziomek estimated that it would be complete in November. He said that the dry summer was optimal for construction.

The lack of rain probably also contributed to the lack of E. coli contamination of Puffer’s Pond this summer. The beaches were only closed for two weeks this summer. Testing has finished for the season.The town has data on the water quality of the upstream tributaries, as well as the pond itself and will analyze it with experts from UMass in the offseason to plan for next year’s swimming season. 

Jacque took part in an effort to remove invasive water chestnut from the pond at Plum Brook Recreation Area near Kestrel Headquarters off Bay Road.

Guidera Elected Chair of Conservation Commission
The commission held an election for officers for the coming year. They decided that the chair and vice-chair should change places after six months. Andrey Guidera was elected chair and Bruce Stedman vice-chair for the next six months. Rachel Loeffler will take minutes.

The commission next meets on September 10.