Monday, June 3, 2013

Ain't No Stoppin' Us Now

Amherst Town Meeting

Lightening struck twice on the floor of Amherst Town Meeting (followed by a double rainbow) tonight.

The controversial use of eminent domain (article 43) would have snatched 154 acres of woodland property development rights from a private owner to prevent a private corporation's student housing development.

I preemptively made the "Motion to dismiss" to send the stern message that article 43 was naive, dangerous and dead wrong.   After less than 1.5 hours of discussion the socialistic article was killed by way of a 99 "Yes"-90 "No" vote supporting my motion.

And yes, it's not often Amherst Town Meeting supports a Larry Kelley motion.


Since it involved eminent domain the original article would have required a two-thirds vote to pass.  Both the Finance Committee and Select Board strongly opposed the original article.

Amherst Select Board voted 4-1 against article 43

Then, amazingly, Town Meeting really pulled out all the stops and supported a mixed use zoning change (article 31)  that will allow for increased density of housing in commercial districts ... like North Amherst.  

Any zoning change requires a two-thirds vote.  When a "Motion to refer" article 31 back to the Planning Board -- similar to dismissal -- only failed by 94 "No" to 82 "Yes," it was looking doubtful a two-thirds majority would be attained for passage.

Finance Committee makes room for Planning Board as TM discusses zoning

However, when the smoke cleared after a recorded Tally Vote, Article 31, "Standards and Conditions for Mixed Use Buildings" passed handily 119 to 56.

On Monday Town Meeting will take up discussions of companion pro development zoning articles all unanimously approved by the Planning Board. 

And the battered NIMBYs will be out in force.

30 comments:

Dr. Ed said...

Larry, I am reminded of the Shutesbury Library -- and I think we have some entertainment left in all of this...

Tom McBride said...

I was on the edge of my chair watching it in public access. Thank God for public access. We got to see the members speak. And the attendance can be checked later on the town meeting website.

Anonymous said...

Was this the first Larry Kelley motion that has ever passed in Town Meeting?

Larry, I know you have kept track of this.

Anonymous said...

Calling opponents NIMBYs is cute but besides the point. Everything about this proposed development is a bad idea, and will end up costing the town far more than it brings in taxes. The person writing this blog seems good at ranting invective, but doesn't have much use for civil discourse or common sense.

Larry Kelley said...

Anon 6:11 AM

I actually got Town Meeting to pass a resolution twenty years ago threatening to sue UMass over $200,000 in moving violation ticket revenue the courts had mistakenly sent them (rather than the town).

UMass acknowledged the mistake but said they put the money to good use (scholarships) and did not want to pay it back.

The morning after Town Meeting passed my warrant article they came to the bargaining table (and Town Manager Barry Del Castilho let them off the hook with a lousy trade deal for an "economic development" study).

Anonymous said...

Anon 726

Saying something is so doesn't make it so. The only problem with the Retreat is that you don't like it. Overall, the benefits it will provide by far outweighs the potential pitfalls. And, if you don't like thus blog, don't read it.

Anonymous said...

I don't live in the Retreat area. The only practical effect is would have on me is changing my route to work in the mornings which is not a big deal. However, I still don't like the idea of student housing in that area. Despite its current zoning, it seems to me to be a residential area. I see a future of noise, overwhelming traffic, garbage, and out of control parties. I don't consider myself a "nimby" but in this case I'm really glad I don't live in that area and I sympathize with the homeowners who see their quiet, bucolic neighborhood changing to such a degree.

Larry Kelley said...

Are you a licensed fortune teller?

Anonymous said...

NIMBY is a stereotype and caricature that proponents are foisting upon opponents, regardless of where they reside. I question the strategy of belittling the opponents of the Retreat in such a way; do the proponents believe they will win over the hearts and minds of opponents by constantly name-calling? It would seem to me to do the opposite or have no effect at all. The opponents to the Retreat have communicated sound, clear arguments, and not just "because we don't like it".

In the end, the NIMBY label as it has been used on this blog is a hateful, derisive form of communication with no positive effect.

Anonymous said...

You're right Larry, none of us can see the future, we can only go on past experience.

Anonymous said...

Anon 1004
Actually most of the mudslinging and name-calling I observed were from the opponents of the Retreat. And most of the arguments were torturous, often contradictory and self-serving. Even now it seems you can't concede the validity of the other side's concerns. Instead of continuing to cast blame and aspirations, why not try to work with the developers to mitigate the impact on your neighborhood.

Wig & Pen said...

Kudos! We're already increasing student public housing. It's called dorms.

Larry Kelley said...

Yes, but they are tax exempt.

Anonymous said...

anon 11:46:

It's pretty clear who started the mud-slinging and name calling, this blog is in chronological order. Sometimes you just get back what you give.

Not much fun, is it?

Anonymous said...

Not talking about this particular entry. But, by the way, NIMBY is an apt term. The vast majority of those opposed to the Retreat are those who will live closest to it. The whole town is NIMBY which is the whole problem and things have come to this. Over the next decade, I imagine there will be developments throughout town. The challenge will be to manage and contain them. It's part of the trade-off for living here, which is still pretty great. No part of town will be immune. Yes, not even Cushman.

So let's stop with invective. Like disparaging the entire state of Georgia. Landmark is actually based in Athens, a pretty cool progressive college town. Better them than some of local vultures. And the attacks on Cinda Jones - that she's immature, spoiled, soulless etc etc. I think pretty much anybody in her position would have done the same thing. She had her interests and family to think of too.

If the Retreat does happen, make it a nice place and an asset to our town.

Anonymous said...

Is it wrong for me to get some satisfaction out of seeing "the ruling minority" in town getting a taste of its own medicine on Article 43?

Did you see the proponent of the article claiming in the Republican that the motion to dismiss confused TM members?

Give me a break.

Anonymous said...

New definition of "supermajority" in Town Meeting:

Larry Kelley brings the motion and wins.

This is what I would say to Mr. Hirsch: When you lose to Larry Kelley in Town Meeting, YOU'VE LOST!

This is not exactly like playing Wiffle Ball in Larry's backyard. As soon as he stands up to speak, it's an away game for him. Makes one wonder what the real "yes" vote was on that Motion to Dismiss, before subtracting the Larry Kelley Hiss Factor.

Anonymous said...

Has it ever occurred to anyone that the reason Amherst is so great is that so many people have stopped developments and protected the town and open land? The NIMBYs have helped create a beautiful, vibrant town with lots of local businesses.

Larry Kelley said...

Sarcasm?

Tom McBride said...

Amherst is great in what way? If you're older and loaded, it's great. If you're younger and trying to raise a family (unless you work as a surgeon), it's not so great.

Anonymous said...

If you are so unhappy in Amherst, why are you still here? Actually, compared to other places with equivalent cultural attractions, the cost of living is quite reasonable.

Anonymous said...

Anon 929.

Name 3. Or 2. Or even 1.

Anonymous said...

So let's stop with invective.

Have you ever, in the last 5 years, come on the blogs to suggest we stop the "invective" against residents who live and work in town? Or have these posts in the past few weeks just hit a little closer to home? Wouldn't it be nice if your friends were immune from the personal attacks that gets posted on these blogs?

So, how does this problem of mud-slinging and name-calling get resolved? 'Cause I've never been the kind to turn the other cheek.

Again, this blog and another are in chronological order, perhaps we can go back over the last three or four years, and look for patterns that need to be broken.

Anonymous said...

No need for belittling someone Larry. (See 9:46 comment). That person's opinion is valid. I do worry about the tipping point in Amherst between college kids and everyone else. I think what's being expressed here by those who oppose the Retreat (gotta love the name) is the scale tipping away from long term residents (which provided Amherst a large part of its character) towards a largely transient group of people.

Walter Graff said...

"ompared to other places with equivalent cultural attractions"

What exactly are these cultural attractions?

Walter Graff said...

"Retreat (gotta love the name) is the scale tipping away from long term residents (which provided Amherst a large part of its character) towards a largely transient group of people."

Most of the population of Amherst IS transient so the addition of the retreat will not change that. Amherst is a double edge sword. A large percentage of the residents earn their income from the University and other schools in the immediate area. You can not get rid of students and have a University. Lose the University and a large part of "the character" of Amherst will move with it.

Anonymous said...

Cultural attractions...let's see, Eric Carle Museum, National Yiddish Book Center, art galleries at Amherst, UMASS and Hampshire College, a museum of natural histroy, planetarium, observatory, Strong House, Emily Dickinson Museum, Fine Arts Center, Mullins Center for concerts...typical New England town.

Anonymous said...

Cinema Center; two actual independent book stores, ose to Iron Horse, the Calvin, the Parlor Room, Mountain Park, The Academy of Music.

Easy access to the Berkshires, Boston and New York.

Get a life, Graff.

Walter Graff said...

Thanks, just didn't know what the cultural scene was that I might have been missing. Guess I'm not missing anything. Been to most all of them.

Anonymous said...

Not to mention the myriad of events that take place on the common each year, such as the Native American Crafts Festival which was this past weekend, Taste of Amherst, Back to School Celebration, ABC Walk and Social, Movies on the Common (3 this year!), Farmer's Market, other Crafts Fairs...