Problem House Seeks Amendment to Special Permit

Report of the Meeting of the Zoning Board of Appeals, September 24, 2026

This meeting was held over Zoom and was recorded.

Present

Everald Henry (Chair), David Ahlfeld, Craig Meadows. Sarah Morton, and David Sloviter. 

Staff: Steve McCarthy (Licensing Coordinator)

The Zoning Board of Appeals (ZBA) was skeptical about a request to remove the owner-occupancy requirement from the two-family house at 28 Shays Street from the 2012 special permit (modified in 2014 and 2015) granted to add a second unit to the single-family home. The owner, Michael Ben-Chaim, was cited by Inspection Services, because he spends most of his time in his New York City house, and Amherst cannot be considered his principal residence. Ben-Chaim has hired Pipeline Properties to manage the property and asked that the special permit be amended.

The property has been the source of many complaints from abutters dating back to 2016, even when Ben-Chaim was residing there. Neighbors have repeatedly called the fire department about bonfires on no-burn days, the police department about excess noise, and animal control about threatening and barking dogs. The complaints also cited dying vegetation meant to screen the property, and trash littering it. The abutters who spoke at the meeting or submitted comments were adamant that the special permit should not be modified 

Pipeline Properties has been managing the property since the spring.

Ben-Chaim admitted he was not an effective landlord and should have done a better job screening his tenants, but also said tenant law limited what he could do. He said he spends four to seven days in Amherst every few months. A friend of his resides in his unit full-time and helps pay expenses, but the friend’s dog’s behavior has also raised concerns from the neighbors.

Ben-Chaim’s attorney, John McLaughlin of Green Miles Lipton LLP, said his client’s circumstances have changed over the past 14 years. He has retired, and his son has grown up and moved out of town. Although his car is still registered in Amherst, his driver’s license is from New York. 

In addition to requesting a change from owner-occupancy on the special permit, McLaughlin asked that Ben-Chaim be allowed to remove the dying vegetation and to add the sixth parking space that is there but is not currently approved on the permit. 

Josh Bryant from Pipeline Properties said that his company would vet prospective tenants, do mowing and snowplowing, and handle complaints during office hours from 9 to 4:30 on weekdays. A 24-hour emergency maintenance line handles after-hours complaints, but noise and trash complaints go to Ben-Chaim. Bryant added that because Pipeline manages about 1,800 units, both residential and commercial, its vehicles are always driving through town and would probably notice excessive trash on the property.

Ben-Chaim said that he is currently required to respond to any complaint within one hour, even if he is in New York. He said he usually calls the complaining neighbor, the tenants, or the police if necessary. He tries to calm things down and bring it to Pipeline’s attention the next day during business hours.

ZBA Reluctant to Amend Special Permit

ZBA members expressed many concerns about removing the owner-occupancy requirement from the earlier special permit. Craig Meadows noted that the 2012 special permit states  that “the owner must reside in one of the units, and the permit shall expire if the property is no longer the principal domicile of the owner.”

David Ahlfeld asked whether a resident manager would be appropriate. 

David Sloviter asked what bearing the owner’s changed circumstances should have on a key provision of the special permit. He also maintained that the ZBA should not vote on the matter until it had done a site visit. 

McLaughlin proposed a two-year trial period with the new management company. Sloviter proposed the other option: returning the building to a single-family home. McLaughlin said that would be unreasonable, because the house is set up as a two-family and reverting to a one-family would be too costly.  The board acknowledged that the property to the west at 2 Shays Street is a non-owner-occupied two-family. 

The ZBA voted unanimously to continue the hearing until November 12 and conduct a site visit before that meeting.

ZBA Grants More Affordable Units at East Street School Site

The ZBA unanimously voted to allow modification of the 2024 special permit awarded to Way Finders for the construction of 31 apartments at the old East Street School site. Jamie Gruber, Project Manager for Way Finders, asked that all 31 units be made affordable to those making 80% or less of area median income (AMI). The original plan called for 10 market-rate units on the site.

Gruber and Way Finders attorney Ellen Freyman said eliminating the 10 market-rate units would allow the East Street School and 70 Belchertown Road projects to proceed as one project, which would help secure financing. The Town Council and the Amherst Municipal Affordable Housing Trust have endorsed the change.

The proposed distribution of units at the East Street site is 1 studio, 2 one-bedroom units, 2 two-bedroom units, and 1 three-bedroom unit at 80% AMI; 3 one-bedroom, 5 two-bedroom, and 2 three-bedroom units at 60% AMI; 3 one-bedroom, 4 two-bedroom, and 1 three-bedroom unit at 50% AMI; and 2 one-bedroom, 4 two-bedroom, and 1 three-bedroom unit at 30% AMI. Way Finders has a 99-year lease with the town on the property, and the units will remain affordable in perpetuity. 

No other changes were planned to the previously issued special permit. The ZBA felt the requested change was minimal, so it did not require a public hearing. Sloviter said that it was unusual that the ZBA got a request to reduce revenue from a property. He stated that the requested change was “not only insubstantial, but wonderful.” The amendment passed unanimously.