Residents sue to block 140-unit apartment complex in North Amherst

AMHERST — A proposed housing development featuring 140 apartments should not move forward because it would be sited on North Amherst land where such projects are not allowed, according to a Land Court lawsuit filed this week.

The lawsuit brought against Beacon Properties, LLC of Boston, with the town named as a nominal defendant, was filed by attorney Michael Pill of Green Miles Lipton LLP, on behalf of several residents, most of whom live or own land near the project site at 246 Montague Road.

The complaint references the potential costs to the town for the four-story development, such as the need to extend sewer lines and mitigate traffic in the neighborhood and asks the court to rule on the applicability of the town’s zoning bylaw.

“Plaintiffs pray that the court adjudicate and enter a judgment stating that as applied to the project site, under the particular facts and circumstances of this case, the use provisions of the Amherst Zoning Bylaw’s Outlying Residence and Professional Research Park zoning districts are consistent with local needs as a matter of law, and therefore are applicable to the project site with respect to the proposed project,” the lawsuit states.

The plaintiffs are Hilda Greenbaum, Robin Jaffin, Susan McGinn and Jay Mankita, all of whom live on Montague Road, RKP, LLC, whose principal is Bruce Patterson and who owns land at 240 Montague Road, and Alexander Hoar of Cottage Street. 

Dara Kovel, CEO of Beacon Communities, issued a statement about the company’s interest in developing in town, noting that it previously developed the North Square at the Mill District and operates the mixed-income housing at Rolling Green Apartments.

“As was presented in our meeting with the community on April 13, the town of Amherst is 200 units short of the five-year goal it set to address the needs of its residents,” Kovel said. “This project could go a long way to meeting those needs.”

But Kovel expressed sadness that the meeting, which was set up to share development concepts and get feedback on the proposal, instead resulted in some members of the community choosing to attempt to intimidate Beacon and other decision-makers through preemptive legal action.

“It is behavior like this that has stymied affordable housing development in cities and towns across the country and is a direct driver of our current affordable housing crisis,” Kovel said. “We are grateful for the engagement and interest expressed by town staff, which I believe comes from both their understanding of the dire housing need and an appreciation for Beacon’s demonstrated investment and performance in Amherst.”

Kovel continued, “It is unfortunate that the personal interests of a few individuals continue to hinder the town’s ability to create housing for those in our communities who need it the most and who lack the resources of those who would seek to stop this project. We would be thrilled to provide these 140 quality homes for lower-income families on this property. If they truly care about the ‘local needs’ of the town,  the plaintiffs should want that, too.”

Town Manager Paul Bockelman noted that Beacon hasn’t filed any plans or made any requests of Amherst.

“There are no submissions before the town, and, therefore, it is the town’s position that the filing of litigation is premature and not ripe for legal action,” Bockelman said.

Part of the concern in the lawsuit, in addition to the zoning bylaw not allowing the project in that location, is a comment from Kovel about Beacon being a “for-profit development company,” and the possibility that many of the project costs would fall on the town, such as extension of a municipal sewer line, installation of new sidewalks, traffic calming measures and improved access to bus service. The complaint also questions if the public water supply is sufficient for firefighting and whether there is enough fire station staffing for response in case of fire.

The lawsuit states Amherst is already burdened by one of the highest property tax rates in the state and that the town has a “Subsidized Housing Inventory of 12.81%” as of last September, meaning it is above the 10% required by state affordable housing legislation.

Other concerns center on Beacon possibly asking to request a property tax reduction from the town, the new demands on the town’s schools and the current condition of the public roads and town buildings, like the Department of Public Works and Central fire station.