Preventable Deaths = Priceless

11 Phillips Street

Any good fire prevention expert will tell you the best way to prevent fire related deaths is not to let The Beast form in the first place.  And nothing is better at accomplishing that then a sprinkler system.

Number two on the list is an early warning system that allows notification to residents to get out of the structure as quickly as possible i.e. smoke or heat detectors as well as simultaneously sending notification to a professional alarm monitoring company.  

But those detectors are worthless if they have been purposely disabled or simply not maintained properly, like changing the battery every year.

Take 11 Phillips Street -- and I wish somebody with eminent domain powers would take that entire street -- for instance:   In Eastern Hampshire District Court last week Fire Prevention Officer Mike Roy won yet another "disabling a smoke detector" case.

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While an $800 fine may seem steep for Mr. Weiner had AFD pressed to keep the mater criminal he would could have served up to two years in jail because the charge is a felony.

Instead, in a Clerk Magistrate Hearing, he was found "responsible" but as long as he abides by the four conditions the matter will be dismissed in November.

 Terms of settlement written up by his lawyer

And since he is one of only four who supposedly lives at 11 Phillips (but notice he identified himself as a "Fraternity Vice President ... hmmm) and rent is a whopping $4,800 per month, I think he -- or his Fraternity -- can well afford the fine. 

Beats being dead.

APD Community Liaison officer Bill Laramee (left) and absentee property owner Stephan Gharabegian this morning at 45 Phillips Street after first meeting at 11 Phillips Street

 AFD Fire Prevention Officer Mike Roy files complaint with Eastern Hampshire District Court on 4/26

Party House of the Weekend

45 Phillips Street

Once again a weekend that was relatively quiet compared to the bad ol' days of just two or three years past.  Our only Party House, with two arrests for Noise & Nuisance, occurred on Phillips Street the most notorious street in Amherst.

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45 Phillips Street to be exact, owned by the most notorious absentee landlord in Amherst, Stephan Gharabegian, who also owns another three houses on Phillips Street, #37,#33, and #11.

Only one house out of all nine on the street is owner occupied.  And the front bookend on North Pleasant Street is a fraternity.

Phillips Street located adjacent to UMass

In Eastern Hampshire District Court this morning both underage individuals took the standard plea deal offered by the Commonwealth: Pay one of the $300 tickets and stay out of trouble for the next four months.

Adrian Lech, age 20

Jason Rubenstein, age 20

Party House Zoning Delays

186 College Street (Rt 9), Amherst

Stephan Gharabegian, arguably Amherst's most notorious absentee landlord, made yet another brief appearance before the Zoning Board of Appeals on Thursday night in his ongoing quest to expand the capacity of 186 College Street from a two-family (8 unrelated tenants) to a three-family (12 tenants), which is how he used it until getting caught last year by the Building Commissioner. 

Senior Town Planner Jeff Bagg expressed concern to the ZBA about the "long periods of time with minimal activity on his part," for addressing concerns of the Building Commissioner about parking, possible wetlands on the property that could be impacted by the expanded parking required, and a 2nd means of egress for the 3rd unit. 

In fact the Building Commissioner already enforced that serious code violation -- a second means of egress for the other two units -- in order to make them safely habitable.

 Stephan Gharabegian appears before ZBA.  Chair Eric Beal (ctr) Senior Planner Jeff Bagg (far left), Tom Ehrgood to his left

ZBA member Tom Ehrgood said rather sternly while looking directly at Gharabegian: "When we issue Special Permits for complicated cases like this and the hearing continues to stretch on, it sends us a bad message,  and gives me pause, making me wonder if you will oversee it properly."

June 11 will be the 4th time before the ZBA

The hearing was continued to June 11 so Gharabegian can go before the Conservation Commission, have an engineer submit a proper parking plan and creating a safe 2nd means of egress for the 3rd unit in case of fire.

Since Eric Beal, who was chairing the meeting, is leaving the ZBA on June 11 that will be the final deadline for Gharabegian to have all the paperwork in order.

Party House of the Weekend

19 Phillips Street

I almost don't want to file this story under Blarney Blowout since Phillips Street is the most notorious party street in Amherst, with any given weekend having incidents like this -- usually more than one.

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In fact the overall number of arrests this past weekend was less than an average weekend with schools in session during 2013 or 2014 leading up to that year's riotous Blarney.

Which is of course a good thing.  A very good thing.

Matthew Crosby stands before Judge Poehler

In Eastern Hampshire District Court this morning Mr. Crosby took the typical plea deal offered by the Commonwealth, a "diversion" from criminal to civil with payment of the town's $300 noise bylaw fine.  Plus he has to stay out of trouble for the next four months, aka the rest of the semester.

His partner in crime, Jeremy McGarry, who made the mistake of messing with Sgt Ting, was not in court today but he is expected to be arraigned tomorrow.

ZBA Drones On

Crotty Hall rendering looking from the Northwest

As usual the Zoning Board of Appeals meeting last night went on for over four hours, and as is also somewhat usual they did not come to a final vote on any of the three major items discussed.  And you thought Amherst Town Meeting took forever!

First up was Stephan Gharabegian, arguably the most notorious absentee landlord in the town of Amherst.  Mr Gharabegian owns almost half the houses on Phillips Street, the most notorious street in Amherst.

33 Phillips Street

In this case he wishes to expand capacity for 33 Phillips Street, probably the most notorious house in all of Amherst.

The house is a 3-family unit meaning it can have 12 "unrelated" tenants.  But Mr. Gharabegian had, without official permit, refinished the basement for a 4th unit, thus increasing monthly rental income significantly.

And since the bootleg apartment had major health/safety violations -- no second means of egress in case of fire -- it came to the attention of Building Commissioner Rob Morra who shut down the basement apartment until the ZBA hears his case.

Which started on October 2, continued to November 6, continued to last night, and now continued yet again until June 11.

 Stephan Gharabegian addresses 3-member Zoning Board of Appeals last night

Neighbors repeatedly pointed out the detrimental impact that 33 Phillips has already had on the surrounding neighborhood (Fearing Street and Sunset Avenue) as a 3-family, so allowing it to become a 4-family will only make matters worse.

Besides, town officials should not be rewarding bad behavior, since the 4th unit was illegally created to begin with and only comes before the ZBA because he got caught.  Member Tom Ehrgood, waiving a police summary report, said the location was a "magnet for police attention."

The board was a little more receptive to another rental property with a less than sterling reputation, 164 Sunset Avenue.  They generally came to the conclusion that formalizing the house as a two family unit was reasonable, with some conditions that will be hammered out at the hearing continued to February 12.

The most surprising event of the night was a 2+ hour discussion (borderline heated) over Crotty Hall, a sleek new building proposed for 418 North Pleasant Street at the very gateway to UMass.

The Dover Amendment allows religious and educational institutes to pretty much run roughshod over local oversight except for the setback zoning requirements, which are enforced by the Building Commissioner.

In fact they are made even more stringent as the requirements in the Amherst Zoning Bylaw have to be doubled since educational and religious buildings are oftentimes HUGE and can be plopped down in the middle of a residential neighborhood.

In this case the designers did not realize that the 10 foot side setback touching Phillips Street needed to be doubled to 20 feet.  But the Amherst Building Commissioner did. 

Gordon & Crotty Hall. Dotted line top right Phillips Street property

Thus the building was totally designed, at a current investment of $222,000 (85% of which is lost if the building requires redesign), with a 10 foot side setback in mind.  Neighbors on Phillips Street are not happy.  The ZBA is caught in the middle.

Neighbors also complained that the twin building, Gordon Hall, has a noisy HVAC system that drives them crazy from April until October, and the new building will be much closer to them.

Sounding troubled, ZBA Chair Eric Beal said, "This is a hard case for me.  You relied on the 10 foot setback in good faith."

The proposed building is named for Jim and Pam Crotty, who have lived in Amherst for 40 years.

Mr. Crotty, UMass Professor Emeritus of Economics and Sheridan Scholar, spoke about bringing faculty who now work in Thompson Hall to the new building to work alongside colleagues in Gordon Hall:  "It would be superb to get this synergy between faculty and grad students."

Two members of the ZBA, Mark Parent and Tom Ehrgood, seemed convinced the extra intrusion into Phillips Street was not  "unreasonable", especially since the main UMass campus is only a snowball throw away.

Chair Eric Beal was not 100% convinced, however, and wished to see "renderings" of the new building.

The board took a five minute break so architect Sigrid Miller Pollin could pull them up from her computer.  But when the meeting resumed the renderings only showed the impact from North Pleasant Street and not from Phillips Street.

The appeal hearing was continued until February 12.  The building plan will also need review by the Amherst Planning Board for a Site Plan Approval.

Mini Hobart Hoedown

Matthew Langford stands before Judge O'Grady

Hobart Lane is kind of like Phillips Street in that it will probably never live down its (well deserved) party reputation, even though there has not been a "Hobart Hoedown" in many years.

For you nubies the Hoedown preceded the Blarney Blowout, but of the same basic idea:  day drinking until you get completely out of control, and when police arrive throw dangerous objects at them.

Amherst police encountered two rowdy party goers very early Sunday morning trying to force their way into #29 Hobart Lane.  When they refused to comply with instructions to leave -- and physically resisted police -- officers had no choice but to arrest Kyle Bisceglia and Matthew Langford, both age 20. 

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Matthew Langford (6 feet 2 inches tall, weighing 200 pounds) was charged with Disorderly Conduct, Resisting Arrest and Assault and Battery on a police officer.

 Kyle Bisceglia arraigned before Judge O'Grady

Kyle Bisceglia was charged with Resisting Arrest and Disorderly Conduct.

Both are hiring their own attorney and they will return to Eastern Hampshire District Court in mid-December.

Party House E-X-P-A-N-S-I-O-N?

33 Phillips Street

Stephen Gharabegian, one of the more notorious absentee landlords in town, will go before the Amherst Zoning Board of Appeals on September 25 to request a Special Permit to "Change a 3 family house to 4 family house."

Of course these days "family" simply means four unrelated tenants, and on Phillips Street -- where Mr. Gharabegian (aka College Street and Knight Properties LLCs) owns four-out-of-nine dwellings -- that means UMass undergrad students.

Interestingly one main criteria for the ZBA in allowing such requests is, does it fit into the general character of the neighborhood?

And in this case, where 95% of the (supposedly) 64 tenants along the entire street are "college aged youth"-- many of them drawn by Phillips Street's rowdy reputation -- it's hard to imagine an increase of four residents can make a huge difference.

Kind of an "Escape from L.A." scenario where all the refugees are safely secluded in a giant makeshift holding area.  

Still, on general principles the ZBA should deny the permit.  Especially since the proposed expansion trips newer building codes that require a sprinkler system.  And thus far Mr. Gharabegian makes no mention of installing such a lifesaver. 

After the recent major fire at Southpoint Apartments or the fatal one at Rolling Green Apartments, where lack of sprinklers are grandfathered, who would argue that a such a safety system is too much of a burden?

   Mangaement Plan Lease 33 Phillips

There He Goes Again

33 Phillips Street

The poster boy for lousy upkeep of student rental housing, Stephan Gharabegian, is at it once again.  On good old Phillips Street naturally, where he owns almost half the houses on the slummy street. 

Building Inspector Jon Thompson has given him until June 24 to either demolish a bootleg four bedroom basement apartment or file for a Special Permit from the Zoning Board of Appeals, where he's been turned down in the past.

And since the illegal basement apartment did not have a second means of egress in case of fire Gharabegian is lucky the town did not file endangerment charges!

   33 Phillips Street - Cease and Desist

Phillips Street Filibuster #Fail

11 Phillips Street, Amherst

By not showing up for his original "show cause hearing" before a Clerk Magistrate, Joshua Reiss, age 20, set himself up for a criminal proceeding in Eastern Hampshire District Court on Friday before a Judge for a possible felony conviction.  

He lost his case -- bringing a $1,000 fine for tampering with smoke detectors in his humble abode -- but the complaint was diverted to a civil offense, so he will not be stained for life with a felony conviction.

But considering the acts he was found guilty of, his lesson could have been a lot more costly ... like contributing to the death of a roommate.  Or the lesson you can't learn from, because you're dead.  

 APD report

AFD report

Smoke detector 11 Phillips Street: In the bag

Phillips Street has one of the largest concentrations of problem houses in the town (most of them owned by Stephan Gharabegian), but these days no neighborhoods are safe from "real estate investors" who buy up single family homes and pack them with student renters. 

 778 North Pleasant Street, Alpha Delta Phi Fraternity

Just up the road from Phillips Street, AFD Fire Prevention Officer Mike Roy recently fined the fraternity at 778 North Pleasant Street $500 for the second offense of tampering with smoke detectors. 

   UMass Frat fined safety violation

11 Phillips Street also had a second offense

Phillips Street Fiasco

 33 Phillips Street, Amherst

Meanwhile, six weeks ago:

And, most recently:

Public Safety Crackdown

11 Phillips Street

The Amherst Fire Department is getting serious about public safety.  Well actually, they've always been serious -- but now they are getting deadly serious about public safety in a pro active way.

Or as my Irish mother used to say, "A stitch in time saves nine."  And in this case it's lives that are saved.

On Monday in Eastern Hampshire District Court before Clerk Magistrate Bill Nagle,  fire safety officer Mike Roy won a $1,040 judgement against a leaseholder at 11 Phillips Street, perhaps the most notorious Party House in all of Amherst.  Owned, naturally, by the King of the Decadent Street, Stephan Gharabegian.

Party House Fire Complaint by larry_kelley_1

The house was being used as a "rooming house" with W-A-Y more than four unrelated tenants packed into the 10-bedroom abode.  Once that was exposed, resulting in a town crackdown, the landlord -- Stephan Gharabegian -- padlocked six of the rooms.

But the occupants of the four remaining rooms have removed all the furniture and use the open space as a giant party room.

11 Phillips Street, interior view

And the kids engaged in Russian roulette by covering  the windows with black plastic (which in a fire instantly gives off deadly fumes) and covering the smoke detectors with bags as well, probably so the cigarette or  pot smoke does not set them off.

The most recent major structure fire that resulted in a death  at Rolling Green Apartments last year could have been far, far worse if the smoke detectors had not done their job.

In fact, AFD responded a few days after the deadly fire for reports of an alarm sounding.   Turns out smoke detectors from the damaged building had been thrown in a dumpster and some of them were still sounding the alarm.

Previously AFD would issue a $100 civil ticket and if you ignored it, they would have to take you to Land Court in Northampton.  Now they will be issuing criminal complaints which could result in six months in jail.

Or most likely, as with this plea bargain case, the court converts it to a civil infraction with the $1,000 fine. 

Complying with these common sense safety regulations is far less a hastle than dealing with District Court ... or planning a funeral. 

Weekends were made for ...

 Phillips Street (or maybe a zombie movie) just after midnight

So as weekends in a "college town" go -- especially this being the last one of summer -- things went relatively smoothly.  Of course APD, UMPD and AFD were busy as could be, but not to the breaking point.

Cooperation between the town first responders has always been outstanding, but the integration between town police-and-fire and UMass police and Environmental Health & Safety has gotten much better over the past year or so. 

This weekend UMPD was very visible at Party House responses -- even a few miles from campus.

The magic hours seem to start just after midnight through about 2:00 AM as both Friday-into-Saturday and last night into-this-morning there were times when APD was backed up on noise complaints, some of them being held for upwards of a half-hour before units could respond.

AFD, even with a shift of thirteen on (4 extra paid for by UMass) each night there were times when all five ambulances were on the road -- with many of those calls ETOH (alcohol OD) students.

The roving herds of students were not as much in evidence Friday but w-a-y more so last night into this morning.  No signs of the "Walk This Way" crew either night trying to redirect traffic off Fearing Street, which was the usual Grand Central Station last night.

Although late Friday night there were times when Sunset Avenue, contiguous with Southwest towers, was almost impassible by car due to foot traffic.  Not so much because the students were in overwhelming numbers, but simply because the groups of a dozen or so decided to walk in the middle of the road.

Considering that is also the time drunk drivers are out it's only a matter of time before a bad interaction between car and pedestrian occurs.  Early this morning for example APD  bagged a drunk driver at the still busy with foot traffic Fearing/Allen Street location around 1:30 AM.

When calling for back up the officer on scene told dispatch the vehicle had "clipped the curb pretty good." 

Anatomy of a Bust

Returned Search Warrant, 11 Phillips Street, Amherst

So I guess you could argue this well publicized APD operation was a waste of time and resources since no charges were ever brought before the District Attorney concerning the operation of an  illegal cash bar in the basement of 11 Phillips Street.

  

11 Phillips Street, Amherst

Just as you could argue the North Vietnamese and Viet Cong never won an individual battle large enough to have a name during the US intervention in Vietnam.

But in the end what matters is, well, the end.

By most accounts Vietnam cannot be chalked up as a US victory; and I would argue the raid on 11 Phillips Street turned out to be a turning point in the battle against rowdy student party houses.

For  that particular house at least.

   Search Warrant, 11 Phillips St, Amherst

Turning Up The Heat

11 Phillips Street (this morning)

Some of you may remember 11 Phillips Street as the house busted last fall by APD for hosting an underground bar as well as cramming 14 students into living quarters only zoned for four.  Kind of a BIG difference wouldn't you say?

Well our Building Commissioner certainly thought so, and hit owner Stephan Gharabegian with a $100/day fine, racking up a $2,400 tab before coming into compliance.  Better late than never.

 Stephan Gharabegian, yesterday, Amherst landfill.  A regular one man band

   Amherst Landlord Surrenders