Branded: A Public Slander

Edited to protect the innocent

About the only thing worse than losing all your possessions in a structure fire (besides your life of course) is to later have a lawyer publicly brand you as the culprit who caused the conflagration.

As another lawyer so famously asked of a bully on network TV, "Have you no sense of decency, sir?"

According to the Amherst Fire Department the cause of the 9/13/12 blaze at #28 Hobart Lane was "accidental" and "undetermined".

But according to Attorney Farber, hired gun for property owner Grandonico Properties, LLC, the blaze was caused by an occupant of a (illegal) basement bedroom. 

Oddly, he puts forth a scenario that is remarkably close to an another fire that occurred in South Amherst over a year before due to the Halloween Snowmageddon storm.  A young lady was drying her hair when the power went out, so she dropped the hairdryer on the bed and a few days later when the power finally returned, puff.

The fire department report clearly traces the fire origin to a bedside table, not the bed itself. Miss X also reports she does not own a "curling iron."

Yes the Hobart Lane basement area had one smoke detector but it was too badly damaged in the fire to determine if it was in proper working order.  Either way, with a basement illegally subdivided into two bedrooms, three smoke detectors are required and they need to be hardwired rather than battery operated.

Plus the entire basement area has only one window as a second means of egress, so the person with the bedroom that did not have a window could easily be trapped and turned into toast.

#28 Hobart Lane:  One basement window, two bedrooms

The other vital safety equipment missing that day was a carbon monoxide detector.  Attorney Farber even admits there were none, and that the Gilreath Manor complex uses gas water heaters located in -- you guessed it -- the basement.

In fact, a safety inspection immediately after the fire discovered one of the water heaters was not operating properly because it was covered by a blanket, a potential two-way death sentence by carbon monoxide poisoning, or a gas explosion.

Attorney Farber also admitted Miss X had concerns over unlabeled fire extinguishers.  Since there were no labels on them she would not have known they only contained water and therefore, should NOT be used on an electrical fire, which would have only made things worse.

Miss X also confirms she never tested any smoke detectors in the basement, only on the first floor, as she was unaware there was even one there.  The fire department inspector found one on the second floor was not working on the day of the fire and issued the Grandonicos a $100 fine.



ZBA Chair Eric Beal (also an attorney) was obviously upset by the written testimony put before his board, and he spent a fair amount of time "reading it into the public record".

Just as obvious on display -- via attorney Farber -- was the Grandonicos wish to place blame anywhere but where it belongs: on them.

As a result, a hard working young woman who -- through no fault of her own -- suffered the trauma of losing possessions to fire, gets thrown under a burning bus.

To quote that iconic theme song of the 60s, "What do you do when you're branded, will you fight for your name?"

The entire 2 hour meeting, brought to you by Amherst Media

The Landlord Blinks

 Gilreath Manor (3 buildings) Hobart Lane, Amherst

Based on new information -- the truth -- Grandonico Properties, LLC lawyer Lawrence Farber requested a last minute continuation at Thursday night's Zoning Board of Appeals hearing to appeal punitive fines issued by Building Commissioner Rob Morra for violation of the town's zoning by-law limiting unrelated housemates to four per single family dwelling.

For those of you who think fines do not make a difference in changing behavior, take note:  Commissioner Morra issue the first fine on Monday and they will accumulate at $100 per day, unless the ZBA (at that rescheduled meeting in mid January) overturns the decision of the Building Commissioner, a highly unlikely scenario.

According to Commissioner Morra:  "Mr. Farber is requesting a continuance which must be granted tonight by the ZBA after they open the hearing.  If granted, the fines will continue and, in my opinion, must be appealed to district court within 21 days.  It is also my opinion that the ZBA is ruling on the application of ZBL Section 11.45 in this case and not the fine itself which must be heard by the court – although I am aware that all may not agree with me."

The statement submitted by UMass Legal Services attorney Carol Booth clearly demonstrates a pattern of dishonest behavior by the owners of Gilreath Manor,  carefully designed to circumvent Amherst's zoning bylaw.


Kind of appropriate I guess, for a story that started with an illegal bedroom basement fire, ends with "A Smoking Gun."

Statements of student tenants submitted by Attorney Booth to ZBA

Hobart Show Down

 Hobart Lane Gilreath Manor #28

Hobart Lane is already well known for the annual Hobart Hoedown, dating back over 20 years.  But the street immediately bordering UMass could easily have become forever burned into memory for a far more serious spectacle had the basement fire in an illegal bedroom at #28 Gilreath Manor on September 13th resulted in the deaths of residents, all of them UMass students.

Tomorrow night the Zoning Board of Appeals will hear an appeal from Grandonico Properties, LLC a "foreign limited liability company," meaning they are "organized under the laws of Delaware," the most lax state in our nation for protecting consumer rights (which is why all the credit card companies organize there).

The owners of Gilreath Manor wish to challenge the Building Commissioner's threat of fines for violating Amherst's 1990 zoning bylaw forbidding more than four unrelated occupants in a single family dwelling.  The town attorney has come down squarely on the side of the Building Commissioner with an unambiguous opinion:

"The property owner has been aware, or been made aware, of the multiple violations on the Property, and that further evidence may demonstrate that the owner authorized use of the dwelling units in excess of the allowed number of residents."

Attorney Joel Bard continues, skewering another of the landlord's defenses:  "The tenants rights of possession may not be asserted as a defense in order to insulate the property owner for liability for zoning violations on her property."

The Amherst Board of Health has NOT issued a variance for low ceilings in the basements at Gilreath Manor, so currently they can be used for nothing but storage or utility, not even for watching TV or doing homework on a computer station ... let alone sleeping.

On September 13, with inadequate fire protection and two bedrooms illegally crammed into unit #28, a disaster was narrowly averted.  Initially, town officials were slow to react to problems uncovered in the aftermath of the fire; I even went so far as to brand it a cover up.

But they seem to be fully on board now with making this a test case for the public good.

As President of the Board of Directors for the Amherst Area Chamber of Commerce, Kathryn Grandonico should be setting a positive example for all Amherst landlords to follow, not acting like a carpetbagger -- putting profits over public safety.

Emails Hannah, Town Officials

He Said, She Said

The accidental Sunday fire, caused by careless disposal of a cigarette,  killed two; the next day Gregory Levey purposely immolated himself in town center using two gallons of turpentine

The 911 call came in early Sunday morning at 6:21 a.m. while most of Amherst was still fast asleep.  Smoke was billowing from the roof of a large two family dwelling on North Pleasant Street on the northern outskirts of town center, the kind of report -- called a "box alarm" -- that gets the undivided attention of emergency dispatch, who then instantly radios APD and AFD.

 284 North Pleasant Street

Despite the desperate attempts of first responders to quell the flames,  two students died from smoke inhalation.  The house was divided into two apartment units, each with six occupants, a violation of Amherst's zoning ordinance limiting unrelated tenants to only four.

Additionally the attic, where the deaths occurred, had been turned into bedrooms without a second means of egress, a clear violation of building safety codes.   

That was February 17, 1991.  Fast forward to September 19, 2012: A fire starts in an (illegal) basement bedroom apartment at #28 Gilreath Manor on Hobart Lane, quite possibly due to an overloaded electrical circuit.  Fortunately the blaze starts near high noon rather than late at night, so it is quickly extinguished by AFD.

 Gilreath Manor, Hobart Lane, Amherst

The basements are not zoned as a sleeping space, do not have an approved second means of escape and some lacked working smoke detectors.

Later that day town authorities receive an email and phone calls from residents concerned that building owner Grandonico Properties systematically wants students to hide evidence of illegal basement bedrooms from town inspectors.

Town officials keep the matter quiet (this is after all Amherst, where even the H is silent), but managed to get Grandonico to make basic safety upgrades to all the units. 

But now Grandonico Properties is fighting an official order from Building Commissioner Rob Morra to cease and desist renting to more than four unrelated tenants, a violation of town zoning bylaw.  The owners response mimics the three monkeys:   see no evil, hear no evil and speak no evil.

In other words, it's all the students' fault.  Grandonico only allows four tenants to sign the lease, therefore they cannot be legally held responsible if more than that occupy the space.

Interestingly, however, their lease states:  "Any payment not received from a Lessee shall only be accepted, if at all, on behalf of the Lessees and shall not constitute any relationship or tenancy with said party."  In other words, we will take the money but the look the other way from who may be contributing to the final amount.

In an official response to the Building Commissioner's order, Grandonico Properties, LLC is taking the matter to the Zoning Board of Appeals on December 20 ... Unfortunately when UMass is on break, thus making it unlikely students will come testify about what they were told by the owners when first signing a lease.

Even more interesting, the owners are trying to force the "legal" residents to sign a statement "under the pains and penalties of perjury" that they are the only occupants authorized to live in said premises. 

Since Building Commissioner Morra has yet to actually issue a fine to Grandonico Properties, it's unclear what legal standing can be created by the Zoning Board of Appeals, as only Amherst Town Meeting can modify or change the four unrelated tenants bylaw.  And an appeal of a monetary fine would go before a judge in District Court.

The permits acquired when the basement egress windows were installed were for an occupied space to be used as a study or entertainment room not a bedroom.  Thus the owners may not find the Zoning Board overly sympathetic to their cause. 

Either way, Grandonico Properties should have realized they got off easy.  What if that blaze on September 19, 2012 had been a replay of the tragic 2/19/91 fire?  They would now be facing jail time.

Obviously somebody has failed to learn from history.

Yet Another Smoking Gun

Email sent by AFD to select influential Amherst individuals:

From: "McKay, Donald" <McKayD@amherstma.gov>
Date: September 18, 2012 1:44:49 PM EDT

I thought that I would apprise you of a situation in which your assistance would be welcomed. Last Thursday the Fire Department responded to a basement fire at # 28 Hobart Lane. 28 Hobart Lane is one of the 14 units that Lincoln Realty owns and manages in the 3 apartment buildings collectively called Gillreath Manor Apartments. The basement contained 2 illegal bedrooms. One of these would be considered to be OK as a bedroom with some modifications as directed by the Building Commissioner. The second bedroom 1) physically cannot be used as bedroom and 2) exceeds the maximum occupancy of 4.

Currently, the Fire Department, Health Department, and Building Commissioners office are awaiting the opportunity to inspect all 14 units in the complex. On Monday the 17^th of September, we were invited to inspect 2 of the 14 units. We observed two rooms, constructed without permits, in each basement with no beds contained therein. We did observe two beds that had been stacked beneath the stairs in each occupancy.

The issue: We have one email and now one phone call from the displaced occupants that clearly indicate that they have been instructed by Lincoln reality to remove the evidence of the two illegal bedrooms until after the combined inspections. We are working with the University to acquire permanent residence hall accommodations for the 14 students who will be displaced from the 5^th bedroom in each unit. It appears that the 28 students displaced from the basement bedrooms are in need of temporary accommodations and I believe that Lincoln Realty needs to step up and procure these temporary living arrangements.

The charade needs to end and these kids need safe housing.. To date, we believe that we (the combined inspection departments) have not proceeded in an untoward manner, we have withheld action through an administrative search warrant instead seeking to act cooperatively with Lincoln Realty to inspect the apartments and we are very cautiously approaching a cease and desist order to compel Lincoln Realty to reduce the occupancy of the apartments to 4.

Any assistance you may be able to provide in motivating Lincoln Realty to provide the necessary temporary housing would be greatly appreciated.

Thanks

Don

Assistant Chief Donald R. McKay, EMT-P, MPH

Amherst Fire Department

Discussion on UMass Reddit 

Fire Postmortem

 Gilreath Manor, main building, six units

Two violations jump out in this AFD report, one not so serious, one deadly serious.  Amherst has a zoning bylaw limiting unrelated tenants to four per household -- that's the not so serious violation.

State building codes requires two means of egress from a basement bedroom -- that's the deadly serious infraction.

As I pointed out in my original post, what if the fire had happened in the wee hours of the morning rather than 12:00 noon?  A fire across the main floor would have trapped anybody asleep in those basements.

Two bedrooms per unit times six units:  "Nobody gets out of here alive."

Hobart Lane Fire Redacted

Fire in the Hole

28 Hobart Lane on right

On Thursday September 13, just after high noon, Amherst Fire Department responded to a basement fire in apartment unit #28  on Hobart Lane, notorious party street and home of the infamous "Hobart Hoedown".

Fortunately the call came in at the perfect time --if there is such a thing for a structure fire -- as first responders were not overwhelmed with ETOH calls (alcohol poisoning), thus AFD quickly put down the blaze.

Since the "three bedroom" unit shares a large building with five other units, had AFD not caught the fire in time, the results could have been catastrophic -- especially if the blaze had started 12 hours later in the late evening of "Thirsty Thursday" when the building would have been packed with distracted students.

According to Lisa Queenin, UMass Director of Community Relations,  "The Dean of Students office and Residential Life are working with the students to make sure the five students have housing and the support services they need in the wake of the fire."

Note the number:  Five students.  Yes, a violation of Amherst zoning bylaw forbidding more than four unrelated housemates.

On Friday the morning after the fire, according to Amherst Police Department logs:

"Firefighter Mike Roy (Fire Prevention Officer) received information that Lincoln Realty had warned the residents that an inspection was imminent and that they needed to assist in hiding code violations. I assisted with contacting the DA's office and the Clerk of Courts seeking an administrative warrant to enter the apartment for inspection."

On the day  or even evening of the blaze, the fire department could have entered the building for an inspection under MGL 148 Section 4, but because 24 hours had passed they needed the administrative warrant, as the owner (Kathryn Grandonico) was not being overly cooperative.

According to Building Commissioner Rob Morra that inspection was delayed until Monday afternoon. And because of 4th Amendment concerns the "administrative warrant" only applied to the damaged apartment and adjoining units on either side (three total) rather than the entire 14 unit complex.

Evidence suggests an extra bedroom in the basement of those three units inspected on Monday.

The entire 14 unit complex is assessed at $1.5 million or $30,000 in property tax overhead, although it's quite possible those extra 14 tenants (if indeed all the units have an extra tenant) would about cover that.

A good deal for the landlord ... unless of course one of them overburdens an electrical circuit.

The back story, told in emails

Gilreath Manor, built in 1982, does have vertical firewalls between units. Fire however tends to move in an upward direction and would quickly get into the attic above the firewalls to engulf other units.