ZBA Do Over

382 North Pleasant Street Saturday early afternoon (note beer pong bottom rt)

382 North Pleasant Street, A "house" with a long history of rowdy behavior, came before the Zoning Board of Appeals last week with the (somewhat) new owner wishing to renew it as a two-family unit allowing 8 unrelated tenants.

A ZBA 2006 decision had denied a Special Permit for it to continue as a fraternity/rooming house which it was originally built as in 1967.

 382 North Pleasant Street September 3, 2014

Parking was the initial issue this time around as the new owner (Clifford Laraway) wanted  13 parking spaces and the ZBA and neighbors wanted it far fewer at 8.  The compromise was 10 total,  8 parking spaces for tenants and 2 for guests.  

But the current tenants don't seem to follow the rules very closely. Attorney Peter MacConnell insisted there was an "education period" required.

ZBA member Keith Langsdale took issue with that saying the parking citations had been issued in April and presumable these tenants had been living there since September, which doesn't say much for the "education" process.

Outgoing ZBA Chair Eric Beal was greatly concerned about the number of rooms in the building and how many of them seemed to give indication of being used as bedrooms well beyond the eight maximum allowed by law.  A number of "living rooms" had doors on them.

And during a site visit in April six beds were spotted stored on the 3rd floor.

Assistant Fire Chief Don McKay drew a line in the sand saying in a memo that AFD would only support the special permit renewal if a new improved fire alarm system and Knox box were installed, and the removal of an underground oil storage tank.

When he made his inspection of the inadequate fire system back in April Assistant Chief McKay noticed 12 cars parked (a violation of the 10 car parking plan) and they all had cold engines, indicating they probably had been there overnight.

The June 11 meeting was a continuation from October 30, 2014 initial start (with other hearings continued to December 11, 2014 and May 14, 2015) so the original three ZBA members must make the final decision.

All three board members wanted to see a floor plan that clearly showed where 8 bedrooms would be located.  Not the "bedroom/living room" either/or format that they were given that night. And Mr. Beal suggested the doors be removed from any room designated as a "living room" or "pantry."

Chair Eric Beal was retiring as of the end of the meeting.  The ZBA never adopted the Mullins Rule (where a member can miss one meeting as long as they listen to the recording) so the petitioner had to formally withdraw and must now resubmit a new Special Permit application, although the board did waive the fees. 

New owner has shown some initiative

382 North Pleasant rap sheet (yellow highlights indicate when new owner took over)

No Expansion For You!

33 Phillips Street this morning

Last night in the 4th hearing stretching out over 9 months the Zoning Board of Appeals denied the Special Permit for 33 Phillips Street; perhaps the most notorious rental property in all of Amherst; located on the most notorious street in Amherst,; owned by Stephan Gharabegian, perhaps the most notorious landlord in all of Amherst.

Building Commissioner Rob Morra had discovered an illegal 4th unit in the basement with improper fire safety protection and other violations.  A cease and desist order was issued 5/20/14 requiring Gharabegian "remove the basement unit."

 Stephan Gharabegian (leaning forward chin in hand)

Instead the owner appealed the decision by applying to the ZBA for a Special Permit to formally allow the 4th unit. The Building Commissioner put a stay on his order, although no tenants were allowed in the basement unit over the past 9 months.

Normally a Special Permit process like this takes two or three months.

The hearings were continued numerous times because Gharabegian failed to provide basic information required by the ZBA, including updated floor plans and approval from the Conservation Commission for the parking lot expansion and realignment near a wetland.

After about 45 minutes of discussion it became clear the Special Permit, which requires a unanimous vote, was not going to be approved.  Gharabegian then stated his "best option was to withdraw the application."  But that too requires a unanimous vote of the board.

 Eric Beal Chairs his final ZBA meeting after 8 years of service

In his final meeting, after 8 years of service on the ZBA, Chair Eric Beal stated he would deny the permit both on its merits and because of a lack of due diligence submitting all the paperwork on the part of Mr. Gharabegian.

   33 Phillips Street Timeline

At 7:45 PM, one hour after the start of the hearing, the board voted unanimously to deny the permit.  Gharabegian cannot reapply for two years and by then Building Commissioner Morra will have enforced his original order to "remove the basement unit."

186 College Street

Two hours later the ZBA took up  another Gharabegian Special Permit request concerning his property at 186 College Street, where he wished to legalize a 3rd unit in a house only permitted for two units.

Senior Planner Jeff Bagg pointed out that, similar to the 33 Phillips Street situation, Mr. Gharabegian has "made some effort" but not nearly enough to consider the paperwork complete.

The ZBA quickly turned the tone of discussion to allowing a "withdrawal without prejudice."  Mark Parent said he was fine with that but would allow only 7 days for a new and complete application to be submitted or the $100/day in fines start accumulating.

Member Tom Ehrgood thought 10 days was too draconian saying "If we allow the withdrawal we should allow a reasonable time period for the reapplication."  Looking at Mr. Parent he then said, "How about 10 days?"  Parent slowly nodded his head up and down saying, "Yes."

Although Mr. Parent originally assumed it was 10 calender days, and had to be convinced to change it to 10 business days.  

Just before the board came to a unanimous vote allowing the withdrawal Mark Parent looked directly at Gharabegian and said, "I hope you get it done, and that there's no fines necessary."

Time will tell.  And not all that much time, as the ten day period starts today.

   186 College St timeline

#####

The ZBA is one of the most important public bodies in Amherst.  With Mr. Beal's retirement the Select Board will be looking for a dedicated, patient volunteer (with thick skin) to replace him.  Citizen Activity Forms can be accessed here. 

Quieter Winter Spring

Amherst Police Department, 111 Main Street

The war on rowdy (college aged) student behavior continues to show steady gains. A combination of APD community policing and UMass outreach has once again paid off with a decent decline in "noise" complaints all across town.

But "Nuisance" tickets are up, which only indicates that a small hard core of party hardy types need a further attitude adjustment.

Perhaps UMass will take a closer look at outlier students who received both a "noise" and "nuisance" ticket and issue stern sanctions that gets their undivided attention.  Once and for all.

Click to enlarge/read

UMass Team Positive out in force for Blarney Blowout 3/7/15

Public Safety Force Multiplier

225 police officers help keep the peace in Amherst on the day of Blarney Blowout (3/7/15)

On March 7th -- to ensure peace and tranquility in neighborhoods adjacent to UMass -- Amherst police benefited greatly by use of the Western Mass Mutual Aid agreement, a pact signed back in September between Amherst and 26 other local departments.

The main reason Blarney Blowout became riotous over the previous couple years was a lack of boots on the ground dressed in blue.

 North Pleasant Street 3/8/14

In 2014, the worst-of-the-worst year with 58 arrests, vastly outnumbered police had to rely on pepper balls and less gently methods of physical interaction with the alcohol fueled rowdy mobs.  But this past year was different as night-and-day, or drunk-and-sober as the case may be.

   West MA PD Mutual Aid Pact

Like traditional fire department mutual aid, which has been around forever, when a sudden emergency prompts a nearby city/town to call for police assistance, Amherst will simply respond with no expectation of reimbursement.

 AFD Engine 2 and an ambulance responded to Northampton Hotel fire on Tuesday

That of course works both ways, as someday that same department may respond to Amherst when the need arises.

Since Blarney Blowout was a "long standing incident or pre-planned event" APD (the "receiving party") was responsible for reimbursing responding departments, a $30,910 cost picked up by UMass. 

The 60 State Police officers used that day did not require reimbursement, and APD Chief Livingstone does not anticipate mutual aid will be required (other than normal paid traffic details) for UMass graduation next week.

A Matter of Respect

I did an interview yesterday with a couple of UMass journos working on their final project and one of the questions they asked was, besides Blarney Blowout or Hobart Hoedown what other kinds of things do UMass students do that causes friction with the locals.

I brought up the incident a few years ago where a throng of students descended on Puffer's Pond beach just before graduation and left it a pig pen.  And the time or two students have been seen or arrested for urinating on the Emily Dickinson fence along Main Street.

But had I been aware of this incident I surely would have used it as an example:  I grew up a couple hundred yards from this l-o-n-g time business on lower Main Street, and they are a symbol of everyday hard working small-town business. 

 Click to enlarge/read

Brian Hurley, age 20, stands before Judge John Payne on Monday.  His case was continued to May 27 so he can hire a private attorney

Hadley Hoedown

Party goers converged on foot and via taxis

Hadley police with the assistance of Amherst, UMass and State police shut down a large party of 500+ college aged youth around 3:15 PM at a North Maple Street back yard before it could grow into a Blarney Blowout. 

After one Hadley officer reported having a golf ball thrown at him police made sure they had pepper balls on hand, although none were needed to disperse the crowd.  The party host used the PA system that had been blasting music to announce loudly that the "party is over!"

State Trooper intercepts young women before they make it to party.  "Don't make me get out of this vehicle" he bellowed.

Amherst police have been on high alert all day, and a half dozen Massachusetts State PD vehicles were stationed at the entry to Hobart Lane most of the early afternoon.

When Hadley called for mutual aid both APD and MSP were quick to respond (including K9 units).

Round Two

Amherst Town Hall gets it right

Not since the 'Smoking Ban in Bars War' 15 years ago has the the little college town of Amherst seen such a successful implementation of a new ordinance.

The much needed Rental Permit Bylaw went into effect last year after health & safety problems within the lucrative industry spanning a generation (or two). 

Building Commissioner Rob Morra has issued a heads up email to all 1,353 property owners and managers and is even offering free informational sessions to make the process even easier.

Those who required a "parking plan" in year one will not need one upon renewal as long as the plan remains the same.

 Memo to all rental property owners

And best of all -- with the town getting more and more digitally savvy -- all the paperwork can done online. 

Amherst Building Commissioner Rob Morra (center) at Rental Bylaw Implementation Group 10/28/14

Catfight!

Shirin Mirdamadi-tehrani signs a waiver in front of Judge John Payne

While Hobart Lane has not been ground zero for a large disturbance -- aka Hobart Hoedown -- in many a year (eclipsed by Blarney Blowout) it is still a frequent stopping place for Amherst police on any given late night weekend, especially when the weather is nice.

Click to enlarge/read

In Eastern Hampshire District Court on Tuesday Ms. Mirdamadi-tehrani, age 20, had her case continued until next month so the Commonwealth could confer with Amherst police about an adequate resolution.

Daydrink Believer & A Homecoming Queen

Crowd on the east quad of Townhouse Apartments

Had the weather been ten degrees warmer Saturday afternoon's "daydrink" at Townhouse Apartments could easily have doubled in size, becoming another Blarney Blowout.

In 2012 and 2013 the western most quad became ground zero for rowdy behavior requiring police in riot gear to disperse.  

Temperatures peaked at 53 degrees

 Line up of police patrol cars and detective vehicles around 2:30 PM

 Posted on Fade the day before

The youthful crowd starting forming around noon and Amherst police arrived in force around 2:00 PM.   But their response was relatively low key, mainly handing out summons tickets for alcohol related infractions.

The crowd peaked at about 1,000, or about half the size of the previous riotous Blarney incidents.

 A Fade fan of my live tweeting

In 2013 the catalyst for confrontation occurred when a young women in the middle of the crowd passed out from too much alcohol.  

As AFD was administering aid they were met with bottles, cans and snowballs from an unruly minority in the crowd.  APD with the aid of state and UMass police successfully shut down the event, arresting six. 

Will the crowd get out of control the next time?  That depends.

On the weather.

Student Town Advisory Board

Amherst Select Board voted Alisa Brewer new Chair, Doug Slaughter missed 1st meeting due to illness

Town Manager John Musante told the Amherst Select Board last night that he was bringing together student government appointees from all three institutes of higher education to meet with key town departments -- Police, Fire, Board of Health, Chamber of Commerce, etc -- to talk about issues impacting students, our #1 demographic.

Mr. Musante said he hoped the committee charge would be completed soon and the first meeting held before graduation day.  The group would meet "a couple times per semester."

The collaborative idea was not an offshoot of the $160,000 Davis Report on how to avoid another Blarney Blowout and not to be confused with University Town of Amherst Collaborative (UTAC) dreamed up by the $60,000 town/gown consultant as an offshoot of the Town Gown Steering Committee.

The Town Manger said it was the brainchild of the outgoing UMass Student Government Association President Vinayak Rao, who has been proactive with improving relations between the town and UMass students over the course of his one-year reign. 

 Vinayak Rao (rt) Amilcar Shabazz (ctr) Jacob Schissel (left)

Pumpkin Fest Goes PFFT

Keene State Pumpkin Fest riots October, 2014

The world -- or at least regionally -- famous Keene New Hampshire Pumpkin Festival will not live to see its 25th year.  Killed off by the international bad press generated by riots that broke out last year strikingly reminiscent of our own Blarney Blowout.

Although in our case BB was not attached to any particular Town or University sponsored event, as it was simply a juvenile promotion conjured up by downtown bars to stimulate business.  Ending up with a little more stimulation than they wished for.

But if Blarney had been associated with a legitimate event, the tragedy that just occurred in Keene's City Council chambers would be sort of like our Select Board pulling the permit for the Taste of Amherst or -- God forbid --  the celebratory pot festival, Extravaganja. 

According to the only Keene City Councilor (out of 14) who opposed denying the permit:  “We’ll be known as the city of the pumpkin festival riot. Keene State College will be remembered as the college that killed off the Pumpkin Festival.”

Yikes!  Can you imagine if UMass became known as the college that killed off Extravaganja?

Let this be a lesson boys and girls:  the misdeeds of the very few can significantly impact the reputations of the very many.

Hopefully our college aged youth will remember that over next four weekends leading up to graduations.  

I wonder if they will hire Mr. Davis to do a study

Blarney Blowout: Epilogue

Local and Mass State Police form a gauntlet at Townhouse Apartments North Amherst

The Monday morning quarterbacking over Blarney Blowout was indeed as different as beer and water this time around.  The main complaint seems to be the financial cost to UMass of squelching the dangerous, reputation besmirching rowdiness that garnered international attention last year.

A good thing of course, considering Amherst had 225 police officers -- 60 them Massachusetts State Police -- in town most of the day into the night to ensure peace and quiet.

And in a anti-authoritarian aging-Hippie town like Amherst, you would expect more comparisons to North Korea or some other despotic nation de jour.

Some amateur spinmeisters tried to save face by proclaiming the partying still occurred all over town only it was just not as noticeable as last year.  Well if that's the case then it only proves that it is possible to party without bothering the neighborhood. 

Memo to party boys:  that's the idea!

The Civil War was the most costly conflict in American history.  The turning point was a not so strategically located Gettysburg, Pennsylvania.  It was the kind of battle neither side could afford to routinely engage in.

Yes the cost of killing the Blarney Blowout this year was high, but if you consider it a turning point in the war on rowdyism, a price worth paying.

Maybe next year we can get by with a few less police officers.

And yes, it's exceedingly stupid for the Gazette to include the $160,000 cost of last year's Davis Report in the above headline in order to artificially drive up the price of Saturday's successful operation. 

Since peace will be restored for the next 100 years, the Davis Report only cost $1,600 per year.

 Gotta be worth at least a $1 to have these party hardy boys gone

Off Campus Bouncer

UMass/Amherst:  peaceful from above

The best bar bouncer never actually gets physical with a rowdy patron disturbing the peace and tranquility of your friendly neighborhood liquor establishment.  After all, he/she is probably a good customer.  You simply get the problem maker off the scene with as little trouble as possible.

And so it is with the UMass Off Campus Resident Assistant, a combination of bar bouncer, dance chaperon, and Superman (or Superwoman as the case may be).

Patterned on the successful program at Boston College, the off campus RA will patrol the problem areas  adjacent to UMass -- Phillips & Fearing Streets, Sunset Avenue, North Pleasant & Meadow Streets, Hobart Lane -- at problem times looking to mitigate rowdy behavior before it becomes an issue for police.

Unlike "peer group" initiatives Walk This Way and Team Positive, the off campus RA will be an older, more authoritarian figure who can officially address bad behavior.  But the goal will be to use the power of persuasion to get students to stand down.

According to Nancy Buffone, UMass Director of External Relations, "We are moving the search along in a timely fashion so that we can hire someone as soon as possible."

Which is of course bureau speak for "No, they will not be operational this coming spring and certainly not for the March 7 Blarney Blowout."

UMass employment ad for "Neighborhood Liaison"

Town prepares for Blarney Blowout

I made Fade.  I'm somebody now! (Just don't tell the family)

Improving On Success

APD Chief  Scott Livingstone addresses Rental Bylaw Implementation Group

The Rental Permit Bylaw has become perhaps the most successful local government health safety initiative of the past generation, protecting tenants from (the few) shoddy landlords while motivating them to keep tenants behavior in check or risk losing their permit.

Now, only one year after start up, the certification program boasts 100% compliance of all 1,261 rental properties in Amherst, a college town with a high percentage of rentals and the lowest median age in the state.

Amherst Police Chief Scott Livingstone paid a visit this afternoon to the Rental Bylaw Implementation Group to discuss ways to improve on the already resounding success of the program, specifically by allowing easier access to police records of that neighborhood bane, noise/nuisance issues.

The Chief told the committee that noise/nuisance complaints are not the highest priority for police response, so on a busy weekend when the weather is nice the call response can be delayed by an hour or more.  By the time police arrive the party or noise is sometimes over.

Currently the system  tracks noise/nuisance complaints if a formal ticket or warning is issued to a property.  But committee member Maurianne Adams wishes to see the system capture complaints made against a residence whereby no formal action was taken by officers, perhaps due to a delayed response.

Chief Livingstone confirmed the rowdy behavior that has disrupted neighborhoods for too many years, has improved significantly:  In 2012 APD had 1,064 calls for service relating to bad behavior and only two years later, in 2014, those calls decreased over 40% to 617.

The Chief attributed this dramatic reduction to outreach work done by his officers -- following up noise complaints the next morning for instance -- extensive publicity shining a light on bad behavior, neighbors taking it on themselves to try to resolve issues, and "peer group" initiatives undertaken by UMass and the Student Government Association (Walk This Way and Team Positive for instance).

One problem with increasing transparency of police calls via the town website is APD's computer system does not get along well with the town system used by Building Commissioner Rob Morra.

But Chief Livingstone liked the idea of sharing this information and planned to take it up with his senior staff and Information Technology person later this month. 

The Cost Of Quiet

One of the downsides of the tide turning towards civility in the war on rowdyism -- albeit a minor one -- is the town treasury is taking a hit with those $300 noise/nuisance tickets not being issued.

Last year at this time (halfway through the budget) Amherst collected $111,793 in town bylaw fines while this year it's down 37% to $69,806.

Of course neighbors who value their sleep or the look of their yards on weekend mornings are not going to mind a bit -- especially since it's a pubic safety issue.

The Public Safety aspect (police, fire, dispatch, animal welfare) of town government is the largest segment of the town's operating budget (46%), but the lion's share is split almost evenly between Amherst Police Department at $4,767,221 proposed for FY16, and $4,466,729 for Amherst Fire Department.

So the $200,000 or so in annual fines collected is a drop in the bucket compared to APD's overall budget.  The Town Manager in his proposed FY16 budget is, finally, adding two police officers to bolster their enemic ranks.

Amherst Fire Department, on the other hand, will not see any additional staffing even though their calls have been rising annually at a rate greater than inflation.

Interestingly 75% of AFD runs are for Emergency Medical Services, as all personnel are crossed trained to either run into burning buildings or stabilize and transport sick/injured patients.

Unlike fire calls, the department does collect fees for ambulance services which is the vast majority of what they do.  The last few years that has amounted to over $2 million dollars annually, enough to fund half their overall budget (although Town Meeting, NOT AFD, controls how that money is spent).

The town has 5 ambulances but usually cannot staff them all

Two years ago in his FY14 budget the Town Manager predicted $2,195,723 in Ambulance Fund revenues, but due to a typically all-too-busy year the fund took in $2,533,728, or $338,000 in excess revenues.

None of which was spent to hire additional staff.

Why No Riot?

UMass Southwest towers:  Ground Zero for potential riots

At one point about a half-hour after the Super Bowl ended joyously, a nitwit dressed only in a t-shirt, despite subfreezing temperatures, fell head first about 4 feet out of tree, drawing both gasps and cheers from the crowd that numbered around 1,000.

 Crowd peaked at around 1,000

That's when I thought, "Here we go."

My memory quickly rewound to the 2013 Blarney Blowout when AFD needed to get to an intoxicated young woman passed out in the center of a large crowd of maybe 2,000 gathered on the quad of Townhouse apartments and they were met with snowballs, bottles and cans.

APD had to move in to assist and soon thereafter six students (all of them from UMass) were arrested.

 5 minutes after the game ended Police and Media outnumbered students

But this time around more than a half-dozen UMPD officers moved in quickly and got the injured party out of the center of the crowd and safely ensconced him in the lobby of Washington tower to await AFD arrival. 

Other than that incident, at no point did I fear the jubilant crowd was going to suddenly turn ornery and require police response by officers dressed in riot gear.

Reason #1 for the safe celebration this time around was the ban on friends in dorms policy instituted by UMass officials for this particular event.  Had the jubilant crowd been twice the size, with half of them non UMass students, the few idiots who want to act out could have had far more impact.

The trees on the Southwest concourse probably would not have survived the night.

And yes, not having police show up dressed in riot gear or sitting upon those majestic horses probably also helped keep the instigation level low.  TV journos also picked safer spots further away from the action to stage, thus being a little less conspicuous to the revelers.

Posted to "Fade" a couple hours before game time

A heavy police presence with state PD vehicles parked at many entry/exit roads leading into Southwest and the MSP helicopter buzzing Southwest earlier in the day certainly sent a message that authorities were not playing around.

The weather was also helpful.  Below freezing, but not so far below to cause instant discomfort.  Yet after a half-hour I was uncomfortably cold, and right about that time the crowd started to dissipate.  

Does this bode well for Blarney Blowout?  Hell yes!  As long as UMass sticks to the same game plan we should see the same result.  As Mr. Davis pointed out in his $160,000 study the presence of 7,000 extra "guests" on campus made a HUGE difference that day.

And maybe last night will also set a positive precedent with college aged youth that you don't have to be destructive to have a good time.

 Students in Boston also behaved

Did any of those 1,000 students awaken this morning feeling shortchanged because no dispersal order was barked over a loudspeaker, and tear gas did not waft into crowd center?

 Happy, happy, happy students

A good time was had by all (well, except for the idiot who fell from the tree).

Good job UMass PD, Mass State PD, APD, AFD, UMass admins and most off all, UMass students.   

Sláinte!

#####

Alcohol problem still needs a lot of work