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III. PROGRAMS AND SERVICES

Since its earliest history in the 1700's, Amherst has provided, in some manner, for police, schools, highways, commons, cemeteries, welfare, and inspections of weights and measures. Public health, fire protection, libraries, and sewers were added in the nineteenth century. In the twentieth century, the town restructured and expanded its human service programs, purchased the water system, and established programs for ambulance service, solid waste disposal, and the regulation of land use, development, and construction.

Many of the town's programs are mandated by the state, and most are subject to state or federal regulation. Within this legal framework, the town has the authority to set priorities, determine the scope of its services, and decide how to provide them.

This section describes Amherst's major programs in general terms. For current information about town departments and services, see Directory of Town Services, published biennially by the League of Women Voters of Amherst.

7. PUBLIC SAFETY POLICE

The Police Department has its headquarters in a new station at the corner of Main and Churchill Streets. Requests for information and assistance may be made in person or by telephone. A police officer is on duty in the station at all times.

The principal responsibility of the Amherst police is the protection of people and property through enforcement of criminal laws and traffic regulations. The department also enforces parking regulations and certain local by-laws, provides assistance, and conducts public education programs.

The staff includes police officers, emergency dispatchers, community service officers, and clerical employees. The regular force is supplemented as needed by part-time officers. The department works cooperatively with federal and state law enforcement agencies including the University's Department of Public Safety. Amherst has police mutual aid agreements with most neighboring towns.

DISPATCH SERVICE

Police, fire, and emergency medical services are dispatched from the Public Safety Communications Center located in the police station. A director supervises both full-and part-time dispatchers. Other communities pay a fee and rely on the communications center for dispatching services.

FIRE DEPARTMENT

The Amherst Fire Department provides fire and ambulance service for the entire town including the university and colleges. As a member of fire mutual aid systems, it can, in cases of major emergency, receive assistance from other towns in Hampshire and Franklin Counties, or provide assistance to another town in need.

The town has two fire stations, Central Fire Station, in the center of town and North Fire Station on East Pleasant Street near Eastman Lane. The town may eventually relocate the central station and/or may construct another station in South Amherst.

The Fire Department is staffed by three separately organized but integrated groups: a force of permanent full-time fire fighters who are unionized, a parttime call force, and a volunteer force composed of students from the University of Massachusetts, some of whom live in quarters provided for this purpose in the North Fire Station. Fire fighters from all three forces are equipped with personal radio receivers. They receive on-going training as fire fighters and emergency medical technicians (EMTs).

Fire Prevention

The Amherst Fire Department considers fire prevention its highest priority.

Fire safety inspections. Members of the department make regular inspections of nursing homes, infirmaries, places of public assembly, schools, and daycare centers. Home inspections are made upon request.

Smoke detectors and/or sprinkler systems are required in most structures. The Fire Department must certify such installations. It also conducts regular inspections of apartment systems.

Outdoor burning is regulated by state law. Permits must be obtained from the Fire Department.

Hazardous equipment and material. The department issues permits for oil burner installations, the storage of flammable liquids, and the purchase, storage, and use of such explosives as dynamite, rockets, and gunpowder.

AMBULANCE SERVICE

The Amherst Fire Department provides emergency medical service to residents of Amherst, including the three campuses, as well as to residents of the surrounding contiguous communities. The program is under the policy direction of the Emergency Medical Services Committee. Fire fighters trained as EMTs also serve as ambulance attendants.

The town's ambulances provide both emergency service and urgent patient transport. When necessary, they can provide advanced life support service, in which a specially trained EMT carries out specific medical procedures under the direction of a hospital physician who communicates with the ambulance by radio.

Ambulance fees are set by the Emergency Medical Services Committee. In most cases, all or part of the cost is provided by health insurance. The emergency medical service is not fully self-supporting. Each town using the service provides a share of the subsidy.

ANIMAL CONTROL

Enforcement of state and town dog laws falls under the jurisdiction of the Police Department. The town employs a part-time animal control officer. Regular police officers respond to urgent calls when necessary.

Modified leash law. Town by-laws require that dogs be leashed or otherwise under control when not on their keepers' property.

Dog Licenses. All dogs must be licensed annually. Licenses are available through the Town Clerk. Proof of rabies immunization is required.

The dog pound is operated under a contractual agreement between the town and the poundkeeper.

Complaints and requests for information should be addressed to the Police Department. Information about missing dogs and those available for adoption can be obtained at the pound.

CIVIL DEFENSE AND EMERGENCY MANAGEMEN

The state requires the town to have a civil defense program. Its primary purpose is disaster relief. The Fire Chief is responsible for the town's program.

8. DEPARTMENT OF PUBLIC WORKS

The Department of Public Works (DPW) is responsible for highways, public shade trees, parks, commons, cemeteries, water, sewers, solid waste and recycling. The services are provided by the several operating divisions of the department with the support of an equipment maintenance section and an administrative division, which includes the town's engineering staff. Staff and equipment are exchanged among the various divisions when necessary or economical. The DPW headquarters are at 586 South Pleasant Street, just north of the Fort River bridge.

Most of the funding for the public works department comes from water, sewer, and solid waste fees generated through enterprise funds. Taxation supports 20% of the budgets with state highway funds contributing the remaining 10%.

HIGHWAYS AND STREETS

The Highway Division is responsible for the care and maintenance of town roads, sidewalks, parking areas, traffic lights, and certain portions of state routes 9 and 116 near the center of town. The division is also responsible for maintaining the sanitary sewer lines and monitoring the street lighting system, which is owned and operated by the electric company.

TREES, PARKS, AND COMMONS

The Parks Division is responsible for maintaining the town's commons, parks, and recreation areas.

The Tree Division has responsibility for the town's public shade and ornamental trees, the tree nursery, roadside leaf pickup, and burials in the town cemeteries. Both divisions assist the Highway Division with snow removal. See also Other Regulations, page 50.

CEMETERIES

The three town cemeteries, North Cemetery on East Pleasant Street, West Cemetery on Triangle Street, and South Cemetery on South East Street, are under the jurisdiction of the Department of Public Works.

WATER SUPPLY AND DISTRIBUTION

The Water Division maintains the town's wells, reservoirs, treatment plants, and distribution system. The town's water supplies include the South Amherst Belchertown well system, the Hills and Hawley Reservoirs in Pelham, and the Atkins Reservoir in Shutesbury.

The system provides water for most of Amherst and small sections of Pelham and Belchertown.

SEWAGE DISPOSAL

Sewer facilities include sewer mains, pumping stations, and the sewage treatment plant. The highway department cares for the mains. The Wastewater Treatment Division is responsible for the pumping stations and treatment plant.

Much of the town is served by sewers. Dwellings in outlying areas rely on septic systems. The treatment plant is in Hadley, just west of the University of Massachusetts. Under the terms of the federal grant which provided most of the funds for its construction, the plant is a regional facility that is intended to serve Amherst and parts of Hadley, Pelham, and Belchertown. At present there is only limited use by neighboring towns.

SOLID WASTE DISPOSAL AND RECYCLING

Refuse disposal is carried out by the DPW. The town regulates the disposal of solid waste tightly and mandates recycling by everyone, including households, businesses and institutions. The Landfill on Belchertown Road now serves Amherst, Pelham, and Shutesbury. The Recycling Center at the landfill serves Amherst only. In 1990, Amherst voted to join the Eastern Hampshire Regional Refuse District (EHRRD), which is expected to provide for most solid waste disposal in member towns until 2011.

Although the town has provided Refuse Collection in the past, it is currently contracted privately. Recycling Collection is provided by a combination of public and private haulers.

9. PUBLIC EDUCATION

ORGANIZATION OF THE SCHOOL SYSTEMS

School districts. Amherst is served by two school districts, the Town of Amherst School Department (elementary) and the Amherst-Pelham Regional School District (secondary). The elementary district forms a two-member superintendency union with the Town of Pelham School Department. The regional district includes Amherst, Leverett, Pelham, and Shutesbury.

Although governed by separate school committees, the Amherst, Pelham, and regional districts share a central administration and follow the same policies. In addition, employees in all three districts are represented by the same collective bargaining units.

Legal authority. All school districts in Massachusetts operate under the General Laws of the Commonwealth, especially Chapter 71: Public Education. The Amherst Town Manager Act defines the relationship between the elementary schools and the Town Manager, while the Amherst-Pelham Regional School Agreement establishes the framework for the secondary district.

School Committees. State law gives elected school committees the responsibility for local education. Their major powers and duties include: 1) establishing policy; 2) implementing state laws regarding education; 3) approving courses, books, and educational programs; 4) approving all personnel; and 5) recommending school budgets (see page 24) to town meetings or city councils.

The Amherst School Committee consists of five members. The Regional School Committee is composed of the members of the Amherst committee plus two representatives from Pelham and one each from Leverett and Shutesbury, for a total of nine members.

The Superintendent of Schools is appointed by the school committees. As chief administrative officer, the superintendent prepares the school budgets for review by the committees, advises them on educational policy and other matters under their jurisdiction, and implements their policies.

The superintendent is assisted by a central administrative staff that includes an assistant superintendent, a business manager, and educational directors.

THE SCHOOLS AND THE INSTRUCTIONAL PROGRAM

Enrollment and staffing for 1991-92 in the four elementary and secondary schools are found in Table 9.

The elementary schools. Amherst's four neighborhood elementary schools follow the same curriculum and provide similar services. One of the four, Mark's Meadow School, serves as an observation laboratory school, operating under an agreement between the school department and the University's School of Education.

Open Enrollment. Children are assigned to elementary schools on a geographical basis, but may attend schools outside their own neighborhoods as space allows and with permission of the administration. Transportation is not provided for students in the open enrollment program.

The basic curriculum. Regular classroom teachers provide instruction in language arts, mathematics, social studies, science, computers, and health. Special subject teachers instruct all students in art, music, and physical education. Resource teachers in language arts, science and other subjects help design the curriculum and work with students and teachers.

Special assistance and elective programs (see also special education, below). The schools provide remedial programs in reading and mathematics. English as a second language (ESL) and bilingual instruction are available to students whose English is limited. Instrumental music lessons are offered to students in grades three through six. The current foreign language program is scheduled to be phased out at the end of the 1991-92 academic year.

The secondary schools. The junior and senior high schools are situated on adjacent campuses, permitting joint use of the facilities. About one quarter of the combined student population routinely changes buildings for some classes.

Instruction. The secondary schools offer a comprehensive curriculum, including academic programs, fine arts, industrial arts, business education, home economics, physical education, health education, driver education, remedial reading, and an ESL/bilingual program. The schools have extensive programs of athletics and extracurricular activities.

Amherst pays tuition for secondary students admitted to public vocational schools, as required by state law.

Special education. In accordance with state and federal laws and local policy, the elementary and secondary schools provide special instruction and assistance for students who are from three to twenty-two years of age and have disabilities that interfere with their learning. The preschool program is at Wildwood School.

The special education program is staffed by teachers, paraprofessionals, tutors, psychologists, and speech pathologists who work as a team to develop and implement individual plans for students in the program. Other specialists are called upon as necessary. Students whose needs cannot be met in the Amherst school system may be assigned to programs operated by the Hampshire Educational Collaborative or sent to other institutions.

OTHER PROGRAMS AND SERVICES

Support programs include libraries, cafeterias, health services, audio-visual programs, a teacher center, transportation, and counseling.

Cooperative programs. The Hampshire Educational Collaborative (HEC) currently provides programs for students in special education, and training programs for teachers. Local cooperative programs provide science instruction and special art exhibits and performances.

After-school child care programs serve all the elementary schools. The programs, which are operated by private, non-profit groups, are funded through fees. Tuition assistance is available for low-income families through a combination of federal, state, and town funds. The schools make space available without charge.

Parent advisory councils in all schools give parents and school staff opportunities to discuss school-related issues.

Community use of the schools. All the schools serve as community centers, providing a space for such activities as Town Meeting, special performances, recreation, adult education, and other public meetings.

FOR ADDITIONAL INFORMATION about school programs, facilities, and staff, see the Town Reports and school budgets or call the Superintendent's office. A visit to any school may be arranged through the principal's office.

TABLE 9. SCHOOL ENROLLMENT AND STAFFING FOR 1991-1992 AMHERST ELEMENTARY SCHOOLS AMHERST-PELHAM REGIONAL SCHOOLS

A. ENROLLMENT (October 1, 1991)

ELEMENTARY SCHOOLS PUPILS SECONDARY SCHOOLS PUPILS
Crocker Farm, grades K-6 338 Junior High, grades 7-9 762
Fort River, grades K-6 612 Senior High, grades 1012 741
Mark's Meadow, grades K-6 235 TOTAL, grades 7-12 1503
Wildwood, grades K-6 506    
pre-K 55    
TOTAL, grades PK-6 1746    
OTHER SCHOOLS, grades PK-61   OTHER SCHOOLS, grades 7-121  
Special Education 4 Special Education 11

B. FULL-TIME EQUIVALENT (FTE) STAFF2

    ELEMENTARY SECONDARY
ADMINISTRATORS Central Admin. 5.00 4.30
  School Admin. 6.00 4.00
  Total 11.00 8.30
TEACHERS Regular Classroom 77.00 59.75
  Special Subjects 30.62 54.16
  Special Education 27.76 15.66
  Guidance 5.00 7.50
  Libraries 4.00 2.00
  Total 144.38 139.07
PARAPROFESSIONALS Regular Classroom 23.72 1.86
  Special Subjects 2.00 3.78
  Special Education 28.87 13.00
  Libraries 6.91 7.28
  Other 3.23 0.00
  Total 64.73 25.92
CLERICAL/MEDIA   23.53 25.49
CUSTODIAL/MAINT./DRIVERS   16.47 30.00
FOOD SERVICES   17.23 16.14
  TOTAL 277.34 244.92

1For example, Smith Vocational School/Franklin County Technical School/Clark School for the Deaf not counted in totals given above.

2Budget funded positions only; cafeteria positions are paid from the School Lunch Revolving Fund.

3Includes 11 drivers for which the elementary schools are then billed a pro-rated share of salaries.

10. HUMAN SERVICES AND HOUSING

Massachusetts cities and towns play an important role in human services, especially in the areas of senior services, veterans' services, libraries, recreation, and housing. In Massachusetts, welfare is the responsibility of the state.

The sections that follow describe services provided directly by the Town of Amherst. The town also supports, by contracts for service, several programs indirectly by providing space and grants-in-aid to other public and private agencies. Organizations now occupying space in town, school, and library buildings include the Amherst Resource Center, the Survival Center, First Call for Help, and several child care programs. In addition, the Select Board administers several small trust funds that are intended to benefit "the worthy poor. "

Current information about the services available to Amherst residents can be obtained through First Call for Help.

PUBLIC HEALTH

The Board of Health is responsible for the town's health services as set forth in state law, the town by-laws, and its own policies. The Health Department implements the board's policies.

Environmental health. The Board of Health is responsible for enforcing the state sanitary code and other laws through regulations, permits, and inspections. State laws cover water quality, solid waste disposal, sewage disposal, food handling, housing, and swimming pools. The board is also responsible for programs established by town by-law and by the board itself. The department staff works with the Department of Public Works on aquifer protection and recycling information.

Community health. Under state law, the town has specific responsibilities for the control of certain diseases, including rabies, tuberculosis, and food poisoning. The board also sponsors programs and promulgates regulations aimed at promoting good health, for example, blood pressure clinics and restrictions on smoking in public places. The department staff provides coordination and monitoring of the Town's disability access services.

School health. According to state law, the School Committee is responsible for school health. In Amherst, the town provides nurses and aides for statemandated and Board of Health programs, partially reimbursed by the regional school district. Services include hearing, vision and scoliosis screening, immunizations, and special needs assessments.

SENIOR SERVICES

PROGRAMS

The Senior Center, part of the Bangs Community Center on Boltwood Walk, is a place where Amherst's older residents may enjoy social, recreational, and educational activities as well as gain assistance with problems that arise in their daily lives. Among the activities and services of the center are: a weekday lunch program, health and counseling services, meals on wheels, identification cards for senior discounts, and many classes, discussion groups, and recreational activities.

The overall policy and direction of the center are determined by a nine member Council on Aging. The programs are administered by an Executive Director who oversees the center's staff, the staff of the transportation office (see below), and the congregate housing coordinators.

Revenues. Donations, fees, and public grants augment the Town's general revenues in funding services, including health, nutrition, education, trips, and recreation. The Senior Trust accepts donations to further the work of the Council on Aging.

Supportive services for congregate housing are funded from state grants. See below for funding of the Amherst surrey.

TRANSPORTATION FOR ELDERLY AND DISABLED RESIDENTS

Dial-a-ride transportation for elderly and disabled people is provided under the auspices of the Pioneer Valley Transit Authority (PVTA). The town, which initiated the service before PVTA was established, continues to schedule and operate surreys serving Amherst, Leverett, Northampton, Pelham, and Shutesbury. PVTA reimburses Amherst for the cost of providing the service, and charges each town for a portion of the cost of services for its residents. (See also PVTA.)

VETERANS' SERVICES AND BENEFITS

The Veterans' Agent administers a state-mandated public assistance program for veterans and those veterans' dependents who qualify. Financial aid, which is partly reimbursed by the Commonwealth, is rendered in the form of cash grants to cover such items as living expenses and medical bills. The Veterans' Agent also offers assistance in applying for pensions and other programs administered by the United States Veterans' Administration. Military discharges may be filed in the Veterans' Service office for safekeeping. The Veterans' Agent sees that veterans' graves are properly marked and cared for and that records of the graves are accurate. The agent is also responsible for planning Memorial Day observances.

CHILDREN'S SERVICES

The Children's Services Department was founded in 1984 to help families in need of child care. The Director of Children's Services provides information and referral on child care, works with the state and town to maintain subsidies for child care for those with limited incomes, and seeks grants for other projects, such as construction of the child care facility adjacent to Wildwood Elementary School. Both the town and schools provide space for child care programs. Neither, however, operates such programs.

RECREATION AND CONTINUING EDUCATION

The town's leisure services and supplemental education programs serve people of all ages in Amherst and the other towns of the regional school district. Programs, which are offered year round, include youth and adult sports leagues, aquatics, day camps and after school programs, youth and adult recreational classes, special events, and family trips. The town's recreational facilities are also available for programs sponsored by community organizations like the Youth Baseball Program.

Information about current programs may be obtained from the Leisure Services office in the Bangs Community Center.

Facilities. The town's recreational facilities include picnic grounds, ball parks, two outdoor swimming pools, and a golf course (see map, page 30). The schools' indoor and outdoor facilities are available for town programs and the general public. Conservation lands are also available for recreational use.

Administration. The Department of Leisure Services and Supplemental Education (LSSE) was established in 1982 through the merger of the town's recreation department and the schools' continuing education program. A Commission for Leisure Services and Supplemental Education (see Table 3) acts as a policy advisory board. The LSSE Department is administered by the LSSE Director, who serves under the general guidance of the Commission and the administrative supervision of the Town Manager. The Superintendent of Schools is consulted on matters related to education and school facilities.

Funding. LSSE programs are funded through user fees with partial fee waivers available in some cases. Administrative costs and the costs of fee waivers are financed through the general revenues of the Town of Amherst.

LIBRARIES

Three public libraries serve Amherst: Jones Library in the center of town and two branch libraries, Munson Memorial Library in South Amherst and the North Amherst Library. In 1973, as a result of home-rule legislation, Jones Library, which was established in 1919 as a private non-profit organization, became a town department. Munson Memorial and North Amherst Libraries, which have been operated by the town for many years, became branches of Jones Library. The legislation also made library personnel regular town employees and the budget subject to the approval of Town Meeting.

The Trustees of the Town Library, who are elected for staggered three-year terms, supervise and direct the administration of the libraries and have authority over purchasing and contracts (Town Manager Act). They also serve as Trustees of the Jones Library, Incorporated; their powers and duties in this capacity include supervising the Jones Library building, accepting gifts and grants on behalf of the corporation, and overseeing the investment of the endowment.

The Director of Library Services, who is appointed by the trustees, administers the libraries, appoints all library personnel (with the approval of the trustees), and supervises the staff.

Jones Library holds over 100,000 books, collections of audio and video recordings, current magazines, and a variety of other materials. Special research collections on Emily Dickinson, Robert Frost, other Amherst authors, local history, and local genealogy may be used by appointment. As a member of the Western Massachusetts Regional Library System, the library can obtain materials that are not in its own collections.

Jones Library has traditionally served as a community center for cultural and civic activities sponsored by other local organizations. An art gallery and other space may be reserved by individuals and groups.

Munson Memorial Library has a collection of over 10,000 books. The library is located in Munson Memorial Building, which also houses a large hall and other meeting rooms for community activities. A three-member board of trustees, appointed by the Town Manager, sets overall policy for the building.

North Amherst Library, the town's first established free library, has a collection of about 8,000 books.

Funding. Until the middle of this century, the town's libraries were supported almost entirely from private funds, primarily income from the generous endowment of Samuel Minot Jones. As the town has grown and the libraries' needs have increased, tax funds have become an increasingly important source of revenue. At present, the endowment and gifts provide about one-fourth of the libraries' annual income. Over two-thirds of the libraries' annual operating budget comes from the town's general revenues. The state provides a small sum each year and provided major funding for the 1991 addition to Jones Library.

The Friends of the Jones Library, a private organization founded in 1968, continues the tradition of Samuel Minot Jones by sponsoring service projects at all three libraries, helping to raise funds, and sponsoring cultural activities. Membership is open to all interested individuals and groups.

HOUSING

Amherst Housing Authority

The Amherst Housing Authority (AHA), working with the state Executive Office of Communities and Development and the U.S. Department of Housing and Urban Development, is responsible for several state and federally funded housing programs that serve elderly and disabled people and low-and moderateincome families. Although four of its five members are elected locally, the AHA receives no local funds and is independent of the town administration.

The AHA has developed 170 low-income housing units, including those in Chestnut Court and Ann Whalen Apartments for people who are elderly or disabled, congregate housing in the Jean Elder House, congregate housing for people with severe mobility disabilities in the John Nutting Apartments, staffed apartments on Sunrise Avenue for people with developmental disabilities, family units at Watson Farms, and several scattered sites.

The authority has four principal responsibilities: 1) managing its existing facilities, 2) administering state and federal rental assistance for tenants in privately owned units at scattered sites, 3) seeking funds, as it deems necessary and appropriate, to construct additional housing and to expand its rental assistance program, and 4) overseeing construction of any new facilities. The authority also advises town officials on matters that may affect the supply and cost of low-and moderate-income housing.

The Executive Director of the Housing Authority acts as administrative agent for the AHA, planning and managing state and federal programs. Duties include the supervision and maintenance of the Authority's properties, tenant selection for all programs, and coordination of the Authority's staff, which currently includes six full-time and three part-time employees in addition to the director.

Housing subsidized through other agencies

Several low-and moderate-income housing programs in Amherst have received federal assistance directly or through regional agencies. Apartment complexes that have received construction or mortgage assistance for at least some of their units include Village Park, Puffton Village-IV, Clark House, Rolling Green, and Mill Valley Estates. Other programs include mortgage subsidies for single-family homes and rental assistance.

Housing Review Board

In 1985, Town Meeting declared an emergency with respect to availability and quality of reasonably priced housing, and established the Housing Review Board (HRB) to adjudicate disputes about rent levels. The five-member board receives petitions from tenants, accepts evidence during formal hearings, and decides if the rent is "fair and reasonable." In making its decision, the board employs a formula that compares the landlord's current net income to the net income from the base year (1984). The board reviews, and may adjust, the formula annually. The HRB encourages landlords and tenants to resolve their own disputes before formal hearings are held.

Other town housing programs

The Town has been active in promoting affordable housing for its citizens. Some of the programs and activities include the Homeownership Opportunity Program (HOP) for first time home buyers, a local housing agreement program through the Planning Board whereby subdivision developers include affordable homes in the development, and federal money made available for loans and grants for housing rehabilitation and weatherization improvements. The Town's Housing Partnership/Fair Housing Committee seeks to promote public/private cooperation in the construction of housing and monitors compliance with the fair housing laws.

11. PLANNING, CONSERVATION, DEVELOPMENT

As Amherst has changed during the present century from a largely rural community to a small city, it has taken measures to regulate land use and development, promote conservation, and encourage certain development in the public interest. Responsibility for these activities falls to several boards, committees, and departments.

PLANNING BOARD AND PLANNING DEPARTMENT

The Planning Board is responsible for matters related to land use. The board prepares long-range plans, advises the town, and administers certain regulations. Its specific duties fall into several categories:

  • Planning. State law charges the board with studying the resources and needs of the community and preparing plans including land use, development, housing, transportation, and zoning. The board carries out the charge primarily through strategic planning efforts that target certain critical issues for intensive study. These efforts have included village center studies, farmland and aquifer protection, research park development, commercial corridor studies, and a joint effort with other boards to develop a downtown master plan. While much of the Board's time is devoted to other matters, particularly development review and zoning by-law amendments, the Board turns its attention to longer range planning issues, such as those noted above, when the development pace slows.
    • Zoning. (See also Administration of the Zoning By-Law, below.) The zoning powers of cities and towns are defined by Massachusetts General Laws (MGL), Chapter 40A. Authority over the zoning by-law is vested in Town Meeting. Changes in the zoning by-law and zoning map require a two-thirds vote of that body.
    • The state law charges the Planning Board with reviewing the by-law and map and developing amendments to improve them. The board is also required to advise town meeting on changes proposed by others.
  • Subdivision control. The Commonwealth's Subdivision Control Law permits the town to set standards for the construction of roads, sidewalks, water mains, sewer lines, and other improvements that will become the town's responsibility when the subdivision is completed. It also allows the town to control certain other aspects of the design. The Planning Board promulgates and administers the regulations (MGL, Ch. 41, Sections 81K-81GG).
  • Permits and approvals. In Amherst, all applications for site plan review must be approved by the Planning Board. This procedure is used for commercial, office, and other non-residential development. The Board also approves plans for cluster subdivisions and makes recommendations to the Zoning Board of Appeals on special permits, variances, and appeals.
  • Special property tax categories. The Planning Board advises the Select Board on the release for general use of property taxed as forest, farm, or recreation land (MGL, Chs. 61, 61A, 61B). It also advises the board on the granting of special tax status for qualifying developments (MGL, Ch. 121A).
  • Scenic roads. The board must approve proposed changes in all town ways designated by Town Meeting as scenic roads (MGL, Ch. 40: 15C).

The Planning Department provides staff assistance to the Planning Board and other town committees and departments. Its major responsibilities are:

  • to undertake studies of land use, economic development, housing, transportation, and other matters related to community planning;
  • to compile and maintain maps, statistics, and records related to land use and development;
  • to review individual proposals for development for compliance with the zoning by-law and subdivision regulations;
  • to prepare applications and administer grants related to planning, housing, and development.

Other committees. Both the Select Board and Planning Board advise on policy related to the promotion of the public interest in development activities. Over the years, other boards have been charged with studying specific development issues in town including the Town Commercial/Relations Committee, the Parking Task Force, the Aquifer Protection Committee and the Farmland Committee.

ADMINISTRATION OF THE ZONING BY-LAW Building Commissioner and Zoning Board of Appeals

Amherst's zoning by-law is administered by the Building Commissioner and the Zoning Board of Appeals through a system of approvals, permits, variances, and quotas.

The by-law specifies, for each permitted use in each zoning district, whether the use is permitted by right, by right with site plan approval of the Planning Board, or by special permit issued by the Zoning Board of Appeals. The differences among the three categories lie in the degree of control exercised by the town and in the procedures for obtaining permission for development. The bylaw also permits variances by the Zoning Board of Appeals. A variance may be granted only if the application meets all conditions, including hardship, specified in MGL, Ch. 40A. However, no variance may authorize a use not otherwise permitted in that zoning district.

The by-law also establishes quotas for the number of housing units that may be developed in any one year and priorities for awarding building permits.

The Building Commissioner is the chief zoning enforcement officer of the town. The commissioner has authority:

  • to determine who is eligible for building permits under the quota system;
  • to refuse to issue a building permit if the use would violate the by-law;
  • to order compliance with provisions of the by-law and conditions of special permits.

Decisions of the Building Commissioner may be appealed to the Zoning Board of Appeals.

The Zoning Board of Appeals (ZBA) is a quasi-judicial board. It hears petitions for special permits and variances, requests for changes in conditions of special permits, appeals from decisions of the Building Commissioner, and approves site plans related to special permit applications.

Petitions to the ZBA are reviewed by the Administrative Assistant and the Building Commissioner prior to filing with the Town Clerk. Forms are available in the ZBA office. The board must hold a hearing within 65 days of a filing. It must render a decision on a variance within 100 days of the filing date and a decision on any other matter within 90 days of the close of the public hearing. No decision of the Zoning Board is final until it is signed by the sitting board members and filed with the Town Clerk. Decisions of the ZBA may be appealed to the District or Superior Court.

Copies of the by-law, the rules and regulations of the ZBA, and instructions for petitioners are available in the office of the Zoning Board of Appeals. Additional information and assistance may be obtained from the Building Commissioner, the ZBA Administrative Assistant, and the Planning Department.

OTHER REGULATIONS

The Department of Inspection Services administers and enforces the state building code, plumbing, electrical, and gas codes, as well as the rules and regulations of the Architectural Access Board and the zoning by-law. It provides assistance to the Zoning Board of Appeals, architects, engineers, contractors, and individual property owners in preparing zoning cases, plans, and applications for permits.

The department is also responsible for the inspection of weights and measures. It makes periodic checks of scales used for commercial purposes and enforces the unit pricing law.

The department is headed by the Director of Inspection Services, who is also Building Commissioner.

The Historical Commission is responsible for identifying the town's historic assets through extensive inventories and for developing programs of preservation. It initiates recommendations for listing specific sites and areas in the National Register of Historic Places. The commission also acts as an advocate for the protection of historic and architecturally significant properties. The commission must be consulted for advice before any exterior building renovation within the historical districts.

The Design Review Board reviews the design of Town projects and projects in the downtown business district and then makes recommendations to Town building and land use permit-granting authorities-the Building Commissioner, Zoning Board of Appeals, and Planning Board. It also advises the Amherst Redevelopment Authority. The board reviews projects for new construction and alterations of buildings and sites, examining exterior architecture, landscape design and details such as signs, lighting, materials, and color. Its review is based on general urban and landscape design principles set forth in the zoning by-law. Although consultation with the Board is mandatory, its recommendations are advisory. Application forms, a design handbook, and information may be obtained from the Planning or Inspection Services Departments.

Several other departments have authority over licenses and permits that affect development and land use.

  • The Select Board controls sewer regulations, permits for utility poles, alcoholic licenses, and other regulations and permits.
  • The Department of Public Works issues permits for excavations and gives advice about other permits, for example, those for utility poles.
  • The Tree Warden and the Shade Tree Subcommittee of the Conservation Commission control the removal of public shade trees.

For other development-related permits, see Fire Department, Board of Health, and Conservation Department.

CONSERVATION

The Conservation Commission has as its main purpose "the promotion and development of the natural resources ... of [the] town. " The commission promotes the preservation of open space through the acquisition of land and development rights; regulates the use of wetlands; and advises other town agencies on matters related to its charge.

The Department of Conservation Services assists the Conservation Commission and other town agencies and is responsible for the town's conservation activities. The department is headed by a Director of Conservation Services, who also serves as watershed forester.

Conservation land and deed restrictions. The town now holds over 1,265 acres of conservation land. In addition, 1,464 acres of farmland are protected by deed restrictions purchased by the state under the Agricultural Preservation Restriction Act. (Amherst contributed a significant share of the funds for these purchases.) Finally, about 120 acres of land donated to the town are protected by conservation restrictions.

The Kestrel Trust is a private, non-profit organization devoted to assisting the Town of Amherst and its neighbors through cooperation with the conservation commissions of the several towns. The trust has provided substantial funds for the purchase of conservation land.

Several guidebooks and maps, available from the Conservation Commission, contain information about trails and facilities of Amherst conservation areas.

DEVELOPMENT

The Amherst Redevelopment Authority (ARA) was established by Town Meeting in 1971 to plan and develop Boltwood Walk, a 9.6-acre area between Main Street and Kellogg Avenue, most of it previously used for schools. The ARA is an autonomous agency with full control over the project, except that Town Meeting must approve requests for funds (Massachusetts General Laws, Chapter 121B).

The purpose of the Boltwood Walk Project has been to strengthen the center of Amherst with the addition of facilities for community activities and services, business, and housing for the elderly. Special emphasis has been placed on providing a place where older citizens can lead active, independent lives. Boltwood Walk includes Ann Whalen Apartments, Clark House, the Bangs Community Center, several commercial properties, and public ways.

The ARA is responsible for continuing design review within Boltwood Walk to insure that the project's goals are carried out for the benefit of the people of Amherst. It will continue to serve as long as needed for this project or any further task assigned to it by Town Meeting.

Other committees. The Select Board and Planning Board both advise on policy related to development in the public interest. The Design Review Board advises on design within the town center. Over the years, other standing and ad hoc committees have been charged with studying development, promoting it, and seeking grants.

12. PUBLIC TRANSPORTATION AND THE PIONEER VALLEY TRANSIT AUTHORITY

Amherst's public transportation system is an outstanding example of cooperation among many organizations, including state and federal agencies, a regional authority, cities and towns, private colleges, and a public university, which have pooled their resources to provide a service that would not otherwise be possible. The resulting network of bus lines constitutes, in terms of passenger miles, not only the third largest public transportation system in Massachusetts, but also the largest general-purpose, no-fare bus system in the United States.

In 1990, Pioneer Valley Transit Authority (PVTA) provided almost 4,000,000 rides on buses and vans serving Amherst. In round numbers, 40 buses ran on 17 routes, while 8 mini-vans provided surrey service for elderly and disabled people in the greater Amherst area.

Legal authority. PVTA is a public body established under state law (Massachusetts General Laws, Chapter 161B) to regulate public transportation in Hampden and Hampshire Counties and to provide transit service to member cities and towns. It determines changes in all routes and is the recipient of all federal and state grants for transit operation in the region. A city or town is eligible to join if it is in the two-county area or contiguous to a member town within that area. Twenty-three cities and towns now belong.

PVTA is authorized to contract with carriers for transit services but may not itself operate such services.

Governance. The authority is governed by an advisory board composed of one representative from each member city or town. Voting is weighted on the basis of assessments. Municipalities are represented by their chief elected officials, who may delegate the responsibility. A senior staff member customarily represents Amherst. The representative consults with the Select Board, Town Manager, and the town's Committee on Public Transportation before voting on policy issues that may affect Amherst.

Role of the town. Amherst plays a variety of roles with respect to PVTA. It:

  • sponsors surrey service and some bus routes. A sponsor assumes an obligation for a share of the costs.
  • acts as liaison between PVTA and two other sponsors, the University of Massachusetts and Five Colleges, Inc., who between them sponsor the major bus routes in town. Their routes are intended to serve the university and colleges but are available to the general public. Contracts between the town and each of these sponsors enable the routes to qualify for state and federal funds, while protecting the town from any financial obligation.
  • is a carrier, providing surrey services from Amherst, Leverett, Northampton, Pelham, and Shutesbury through contracts with PVTA.

Non-PVTA, town-sponsored service. In addition to working through PVTA, Amherst contracts with the university for services not approved for PVTA subsidies. These routes are funded from the town's general revenues except for private donations for two route extensions.

Financing. In FY91 the $2,000,000 cost of PVTA in Amherst was shared as follows: federal and state subsidies-60%; town taxes-20%; and student fees-38%.

PVTA assessments. PVTA collects all fares and all funds from federal and state grants. Costs in excess of these revenues, called the "local share," are allocated among the municipalities served and appear as assessments on their cherry sheets (see page 20). Amherst absorbs the local share for town-sponsored services except for private donations for two route extensions. It is reimbursed by the University and Five Colleges , Inc., for the local share for the remaining PVTA routes.

Fares. With the exception of summer bus service between Amherst and Northampton and some services for disabled riders, there are no fares for public transportation in Amherst.

The role of Town Meeting. Annual Town Meeting is asked each year to approve town-sponsored surrey and bus services for the following year. This custom gives Town Meeting control over services and costs, although technically such votes are required only for non-PVTA services.

The Town Public Transportation Committee gives advice to the Select Board and Town Meeting on public transportation policies and programs in Amherst.

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