Art Is In The Eye

Hope The Cow was privately funded

Despite the best efforts of Selectman Jim Wald, who managed to invoke President Kennedy, Robert Frost and deceased Town Manager John Musante all in one presentation, Amherst Town Meeting voted to refer (89 to 72) "Percent For Art" back to the Arts Commission, a nice way of saying No.

The article was changed at the last minute many times but the main change was to reduce the amount of the diversion from public construction projects from 1% to .5%.

That still comes to $500,000 if you consider the $100 million in town money on just the four main building projects coming up: Wildwood Mega School at $30 million, Jones Library $20 million, new DPW $30 million and the forever talked about new South Fire Station at $20 million.

"Portal" in Kendrick Park.  $10,000 covered by private fundraising

Thus the town would have gone from spending zero tax dollars on public art over the past six or seven years to spending $500,000 in the next six or seven years. Yikes!

But the main reason it did not pass is because the bylaw would not fund performing arts because they are too ephemeral. And apparently Hell hath no fury like a pissed off performing artist.

Others also had concerns about who would be the Art Czar.

The bylaw gave the Town Manager final authority on what project goes where and since art appreciation is not part of a Public Administration degree program those decisions could be controversial.

Although when the Select Board announces they have come to terms with new Town Manager Paul Bockelman, they should do a photo shoot of him riding aboard Hope.

Economic Development Czar On A Roll

Geoffrey Kravitz addresses Town Meeting

The town's relatively new Economic Development Director Geoffrey Kravitz is two for two with Town Meeting issues, speaking against a Planning Board article on Monday and a Vince O'Connor (who is a one man Planning Board) "citizens petition" article last night, in both cases on grounds it could stifle development.

Planning Board lost another one 

The Planning Board wished to tweak the rules governing a "mixed use" building which allows a little more leeway on the part of developers and Mr. O'Connor wished to close what he views as a loophole allowing developers of mixed use buildings to avoid the town's Inclusionary Zoning bylaw that mandates 10% of residential units be "affordable."

 Vince O'Connor lost another one

Of course Mr. O'Connor's article only failed because it requires a two-thirds vote. Since the article did garner way more than a majority (100 yes to 61 No) Mr. Kravitz had better remain vigilant.

Slow Ride, Take It Easy

Corner of Rt 9 and South Pleasant Street opposite Town Common

When those ubiquitous white tents pop in town center like mushrooms on a moist summer morn you know the last of our institutes of higher education is jettisoning their graduates off to the real world,  while sending Amherst into summer mode.

 Boltwood Avenue, other side of Town Common

And since this is their 195th such occasion you know I can only be talking about Amherst College, our number one landowner, number one taxpayer, and an entity so enthralled with our little college (before we had any) town, they named themselves after us.

 Main quadrangle this morning

Lord Jeffery Inn, Boltwood Avenue

Of course they caved to pressure brought by rebellious students last winter, a movement that is now ABD (All But Dead), and announced they would be changing the name of the Lord Jeff to something that could not trigger a reaction, but they have yet to announce what that name will be.

Maybe someday I'll have to change the name of my blog.

 Only in Emilyville.

Major Sale Pending

Clark House (center) Ann Whalen (left) Bangs Center (front left)

The 100 residential unit Clark House, a six story structure in downtown Amherst, is getting ready for a change in ownership.   Fortunately to a "qualified Preservation Buyer" so all the Section 8 tenants will probably not be displaced.

The Clark House was built in 1980 as part of the Amherst Redevelopment Authority's ambitious Boltwood Walk project.  The facility is currently 100% Section 8 tenants with 60 of the units Low Income and 40 units Extremely Low Income.

Click to enlarge/read

Amherst is in the minority for communities in the state with a Subsidized Housing Inventory greater than 10%, although housing in general is still in short supply.  As a result Amherst has higher prices which drives out middle income workers, seniors and young families.  

Because Clark House is already exempt from Amherst property taxes, the sale will have no impact on the tax base.

Successful Mooooooove

Hope is designed to hold four football players (linemen no less)

Hope the cow crossed North Pleasant Street safely and has now taken up residence between Realignment (pocket) Park and (expansive) Kendrick Park.

Hope is part fundraiser for the homeless, part pubic art and mostly fun for kids (and adults) to hop aboard for a photo shoot.  The move was necessitated by the impending construction of One East Pleasant Street.

 Jada wishes Hope could fly

There They Go Again

North end of downtown, finally, getting infrastructure improvements

As usual the Town Meeting warrant article that made the most common sense for quick passage -- deemed a "no brainer" by one member --  created the longest discussion of the night, although it did easily attain more than a two thirds vote, 119 to 32. 

As "keepers of the public way" the Amherst Select Board has already unanimously approved a roundabout for the important East Pleasant/Triangle Street intersection, a main gateway to UMass.

 Bank of America ATM (red roof)

Land required in yellow

In order to make it safer for pedestrians via a sidewalk the town needs a sliver of land from Bank of America, who is willing to donate it in exchange for some help fixing a water pipe connection to their brightly colored ATM.

But naturally, fuddy-duddies in Town Meeting who prefer the old fashioned signalized intersection continue to engage in guerrilla warfare, trying to stop progress.

Fortunately a couple years from now they will figure it out -- after easily negotiating the roundabout on their horse and buggy.

Taking Responsibility

Panda East will remain open but cannot serve alcohol 5/4 through 6/27

Panda East restaurant will NOT appeal the decision of the Amherst Select Board who, acting as the town's Liquor Commissioners, voted unanimously to suspend their all alcohol permit from May 4th through June 27 for the second offense this year of serving alcohol to underage patrons.  

   Panda Garden East Liquor Suspension

According to Panda East's attorney Kristi Bodin, "The decision (not to appeal) is based on consideration of what is best for the business and what is best for the community."

Where Have All The People Gone?

Amherst Town Common last year with Extravaganja

 Amherst Town Common this year without Extravaganja

Final Chance

Court is in session:  Select Board, Temporary Town Manger, Town attorney

Acting as Liquor Commissioners the Amherst Select Board last night had to balance two sometimes competing interests:  the ability of a small business to survive in an ever increasing competitive market and the protection of public safety i.e. keeping underage patrons from procuring alcohol.

Obviously the latter takes precedence.

After an hour of testimony, including that of Police Chief Scott Livingstone and Detective Brian Daley, and then another painstaking hour of discussion, they unanimously voted to suspend the liquor license of Panda East for a total of 55 days, May 4th through June 27.

Fifty days for the two new incidents and 5 days that were given in "abeyance" for the original incident in January.

 Detective Brian Daley and Chief Livingstone give sworn testimony to Select Board

Thus the Select Board softened the blow somewhat by allowing the suspension to run out during the late spring into summer, a slower time of year in our little college town.  Although they will be dry during busy commencement weekend.

At one point the specter of outright revocation was raised, and then another suggestion by Doug Slaughter of seven full months (June 1st to the end of the year) was briefly discussed.

Even after the number of days under discussion for suspension came down to a month or two, Mr. Slaughter suggested the start of the penalty be September 1st rather than the slow summer months.

Attorney Kristi Bodin attacked the most egregious incident where a 17-year-old female was allegedly served two Scorpion Bowls and required hospitalization for alcohol OD by stating all the evidence was hearsay and they were being denied the basic right to cross examine witnesses.

Ms. Bodin also pointed out after the January incident where Panda East was sanctioned for serving 17 underage patrons the recipe for Scorpion Bowls was reduced to one shot of alcohol.  And it's hard to imagine two shots could put someone into a stupor requiring hospitalization.

 Attorney Kristi Bodin, Amy Wu manager Panda East

The young women did tell investigators she went to a UMass dorm room after being at Panda East so it's quite possible -- in fact likely -- more alcohol was then consumed, pushing her over the edge.  

But the second incident where a 20-year-old used a fake Rhode Island license to successfully acquire alcohol was pretty much beyond reproach and even acknowledged by Attorney Bodin that her client "dropped the ball."

Although interestingly the night of the second incident APD was doing a sting operation using four 20-year-old UMPD cadets and all four were denied service after being carded.

In her closing argument, like any good defense attorney who is cornered, Attorney Bodin threw herself on the mercy of the "court" saying her client desperately wants to stay in business.

After the last incident in January she has been trying to change the image of the business back to a restaurant rather than a drinking establishment.

And after these most recent incidents Ms. Wu purchased a $5,000 electronic scanning machine to detect fake I.D.s  Although Temporary Town Manger Peter Hechenbleikner pointed out you still need to use commons sense since a real license can be used by the wrong party.

In addition to pulling their liquor license for 55 days the Select Board also gave Ms. Wu until that June 27 end date to have the liquor license transferred over to her name from that of current absentee owner Isaac Chow.

The Select Board also told the Town Manager to come up with a 11" by 17" sign to be prominently posted in the front entry of the eatery displaying the dates their liquor license is suspended. 

So does the punishment fit the crime?  Well, yes and no.

Since the Select Board let them off easy for the first incident back in January by only immediately pulling the license for two days -- a Monday and Tuesday no less -- this 55 day sanction seems rather stern.

But I have to wonder if one of the downtown bars involved with the infamous Blarney Blowout were involved rather than an iconic restaurant would the punishment have been a tad more severe?

Either way, it's getting harder and harder for small businesses to survive in the downtown.

And after the slew of publicity this incident has now generated combined with the real threat of revocation for another incident -- with APD on the watch -- I think Panda East has, finally, learned a hard lesson.

"The quality of mercy is not strain'd ..."

High Tech By The Slice

Iconic Bank building bottom right adjacent to Jones Library

The stunning former First National Bank building located in the heart of downtown will soon be a beehive of entrepreneurial activity, as Boston based WorkBar is expanding to our little college town.

The bank building, owned by Barry Roberts, has been empty since last summer when TD Bank consolidated into their Triangle Street building in the north end of downtown.

WorkBar is kind of like a health club for entrepreneurs whereby you pay a membership fee to come in and use the facility whenever you need it.  They offer full and part time memberships payable by the month and will be featuring high speed wireless gigabit service.

The center of town is about to get a much needed shot in the arm!

Downtown Gains A New Business

 35 South Pleasant Street, heart of downtown Amherst

Londonwest, which will be selling "specialty food products, sports memorabilia, gift-ware" and house a small cafe that serves coffee, tea, and soft drinks goes before the Select Board tomorrow night for approval to serve beer and wine.

In addition to being the town's Sewer Commissioners, Select Board members are also Liquor Commissioners.  The "Wine and Malt on premises" permit costs $1,000 annually, but since there are none available they will seek an "all alcohol license" that costs $3,500.  

The location, in the heart of downtown Amherst, has been vacant since September when Art Alive died and prior to that it was 35 South Cycle, a spin class studio.

Amherst has seen in increase in empty storefronts over the past few years, so it's nice to now see one coming alive.

UPDATE:  Tuesday night.  

 The Select Board continued the Hearing to May 11th due to concerns about how the retail portion of the store would be kept separate from where the alcohol is served, training of staff, and where the alcohol would be stored.

Chair Alisa Brewer was particularly concerned and at one point chastised the rest of the Select Board for not sharing that concern.

Downtown Construction Commences

Jersey barriers have sprouted on Kendrick Park

The north end of downtown will get a major cosmetic improvement this summer with the undergrounding of ugly utility poles and lines all along the eastern side of Kendrick Park.

Last year the state awarded us a $1.5 million MassWorks grant to cover the costs of the infrastructure improvements.

Click to enlarge/read

 East side of Kendrick Park will be off limits to bikes and pedestrians

The town is also moving ahead next year with a roundabout at the East Pleasant/Triangle Street intersection which is a main gateway to UMass, our number one employer.

One of the provisions of the $1.5 million MassWorks grant was for the town to do something to improve that intersection.

Intersection of Triangle and East Pleasant Streets will go the way of roundabout

Up In Smoke

Last February

About a year after the Amherst Board of Health increased the legal age to purchase tobacco products in town from 18 up to 21, the Wild Side Smoke shop in town center is no more.   Becoming just another empty downtown storefront.

 This morning

At least this one we can't blame on the stellar UMass food service program, which seems to keep students on campus and away from our downtown restaurants.  

 Branch on College Street is still open

Zoning Ping Pong

Strong House (left) Jones Library (center)

Proposed property sale (red box)

Last week Jones Library Director Sharon Sharry and Selectman Jim Wald went before the Planning Board just to give them a heads up about a rezoning of the Strong House History Museum from  (R-G) Residential to (B-G) Business.

 Jim Wald and Sharon Sharry appear before Amherst Planning Board last week

This would allow the less than affluent History Museum to sell side and back property to the Jones Library for their expansion/renovation.  Without the zoning change they could not sell any of their property because it would leave their facility "non conforming" according to residential zoning code.

On Monday night the Select Board briefly discussed the issue and heard that a "covenant" could become part of the article to ensure the property does not someday sell to another entity and become some other commercial enterprise.

Connie Kruger was concerned that would simply "muddy the water" and she pointed out the real problem is some people do not want the Jones Library to expand.  And a zoning article does require a challenging two-thirds vote of Town Meeting to pass.

 Jones Library is an economic engine for the downtown

A Jones Library representative is now scheduled to appear at the April 4 Select Board meeting to request the zoning issue be placed on the warrant.  The Select Board is signing the warrant that night but there's still time to add this article with a simple majority vote.

Since Town Meeting does not start until May 2 that allows enough time for the Planning Board to call a state mandated public hearing on the matter and issue their recommendation/report.

Then all it has to do is survive that zoning gauntlet know as Town Meeting.

Status Quo Farmers Market

Spring Street lot (bottom left) Boltwood Avenue Grace Church (right)

While farmers are not exactly in the same league with biblical money changers, Grace Church still had "major concerns" with a new proposal to close down Boltwood Avenue in front of the Church for vendors citing summer/fall as a busy time for them with weddings and funerals, while noting they hosted the packed ceremony for beloved Town Manager John Musante last fall.

The Select Board quickly voted to allow the same set up as last year:  the Spring Street lot and a small stretch of south section of Boltwood Avenue in front of The Lord Jeff Inn (or whatever its new name will be.)

 Farmers Market manager Tammy Ryan and Assistant Town Manager Dave Ziomek quickly backed away from street closure request last night

Acting as "keepers of the public way" the Select Board also voted a " No overnight parking" policy for the Spring Street lot so that Amherst police could legally tow vehicles that were there at 6:00 AM when the Market is trying to set up.

The Amherst Farmers Market opens April 23 and runs through Novenber 19 from 8:00 AM until 1:30 PM.

A Reasonable Balance?

Kendrick Place continues to draw fire

Despite the objections from both the Chamber of Commerce and Business Improvement District the Amherst Planning Board voted unanimously 5-0 with two abstentions last night to recommend a zoning article to Town Meeting that would better define what constitutes a "mixed use" building.

 Amherst Planning Board

The more restrictive aspects compared to current bylaw is the residential make up of the building would limit 4 bedroom units to no more than 25% of total units (for fear of student rentals by the bedroom) and the first floor must be 60% commercial vs the current vague rule that seems to allow an ATM or gumball machine to suffice. 

Vince O'Connor spoke in favor of the article, specifically citing Kendrick Place as an example of what should be avoided in the future.  And he lamented the loss of the Carriage Shops, which was entirely small business commercial shops, to be replaced by One East Pleasant, which is mostly residential.

 Vince O'Connor:  "Given the latitude for mixed use buildings there should be a better definition."

Although it remains to be seen if these new regulations if passed by Town Meeting (requires a two thirds vote) would apply to One East Pleasant Street, the companion project -- although much larger -- to Kendrick Place. Developers of those two projects,  Kyle Wilson  and David Williams, were in the audience last night but did not speak. 

Last year Town Meeting voted down a citizens petition article that was far more restrictive in defining what constitutes a mixed use building, so this Planning Board article is considered a good faith compromise. 

Kind of like fighting fire with fire. 

Signs Of Spring & Coming Development

Electric Company will use Kendrick Park as a staging area

The DPW was out at Kendrick Park this week trimming trees to make way for the heavy equipment Eversource will be using to underground all the unsightly power lines and cables in the north end of downtown.

Amherst received a $1.5 million Mass Works grant for the project and Governor Patrick even came calling to deliver the good news in person.

 North end of downtown will benefit by burying utility lines

Of course conspiracy theorists will say it was all an inside job to assist Archipelago Investments with improving the street appeal of their new five-story mixed-use building with expensive apartments making up the lion's share of the facility.

A few years ago the town was twice turned down for a $4 million Mass Works grant to rehabilitate Pine Street in North Amherst.

Town Meeting had voted down a pro-development Form Based Zoning article leading the state to believe we did not deserve a significant infusion of money to assist with collateral development issues, i.e. infrastructure improvements.

   Kendrick Place was bitterly opposed by usual NIMBY/BANANA contingent

So in a sense Kendrick Place probably did lead to the acquisition of the grant.  Not to mention One East Pleasant now preparing for construction at the former Carriage Shops just down the road.

 Roundabout proposed for Triangle/East Pleasant intersection

On Monday night the Select Board will approve a roundabout design for Triangle/East Pleasant Streets in the shadow of Kendrick Place, and a gateway to our #1 employer, UMass.

 Hope will move to a safer pasture across the street

Realignment Park (bottom center/left)

The Select Board, as "keepers of the public way" will also approve the relocation of Hope the Cow from in front of the slated-for-destruction Carriage Shops to Realignment Park across the street.

Hold on to your hard hats, good things are happening.  Finally!