Marijuana Quota Met?

169 Meadow St RMD site for GTI

Last night the Zoning Board of Appeals unanimously approved a Special Permit to establish and operate an Off-Site Medical Marijuana Dispensary at 169 Meadow Street, North Amherst by GTI Massachusetts NP Corporation, the second such permit issued over the past four weeks.

 Attorney Tom Reidy presents to ZBA last night

But, in all likelihood, the last such permit to be issued over the foreseeable future.

55 University Drive location received a Special Permit on June 30th

ZBA Chair Mark Parent made it perfectly clear that he considers two dispensaries in Amherst (and the one already operating in Northampton) more than enough to satisfy local demand over the next five years, saying "I don't see anything beyond two in Amherst.  I cannot image giving a 3rd permit for a dispensary given the numbers I've seen."

A Special Permit requires a unanimous vote off all three ZBA members.

Seated in the audience UMass community liaisons Tony Maroulis and Eric Beal seemed relieved to hear the ZBA Chair's candid remarks about maintaining a cap of only two dispensaries in Amherst, thus leaving out in the cold two remaining non-profits who have applied for locations on University Drive, the main gateway to UMass Amherst.

85 University Drive was the first to get Select Board approval but has not yet appeared before ZBA

Mr. Parent also made it perfectly clear the Special Permit was for medical use of marijuana, NOT recreational use. 

So if the recreational pot legalization ballot question passes on November 8th any dispensary in Amherst already issued a Special Permit would need to come back to the ZBA for a change in conditions.

Rafters,  a local landmark for 25 years, is a proposed site for Happy Valley Ventures, the 4th entity to get Select Board approval but has not yet appeared before ZBA

Letter from Select Board read into public record last night:

Click to enlarge/read

Pot Dispensary Local Hurdles Cleared

55 University Drive:  From wings to medical marijuana

Mass Alternative Care became the first of four competing medical marijuana dispensaries to receive their Special Permit from the Amherst Zoning Board of Appeals on Thursday night, with some conditions that they will no doubt meet.

Their facility is located at 55 University Drive, the former location of the Hanger Pub & Grill (who moved across the street), and they will share the building with Hospice Care thrift shop.  

Mass Alternative Care was second to acquire their Letter of Support from the Amherst Select Board and second to apply for their Special Permit with the ZBA.

169 Meadow St RMD site for GTI

The 3rd company to gain Select Board support, GTI, is proposing a dispensary at 169 Meadow Street in North Amherst, but they were first to appear before the ZBA.   Their Special Permit hearing, however, was continued to July 21st.

Their attorney, Tom Reidy, thought the reason Mass Alternative Care got their Special Permit in only a one night hearing is because they already have their Provisional Certificate of Registration with the Department of Public Health, something his clients will have by the their next appearance before the ZBA.

 Rich Slobody (maroon shirt) APD Chief Scott Livingstone (back left)

In the audience Thursday night, besides attorney Reidy, two other stakeholders from other pot dispensaries watched the proceedings:  Rich Slobody, who is building a 2,000 square foot facility at 85 University Drive for MassMedicum, who was the first non profit to garner Select Board approval.

 85 University Drive under construction for MassMedicum

 Attorney Tom Reidy (back left) Mass Alternative Care CEO Kevin Collins (front left)

And Jerry Jolly who owns Rafters (the business but not the building) at the corner of University Drive and Amity Street which was the 4th location to receive Select Board approval.

 Rafters has been a local landmark for 25 years proposed site for Happy Valley Ventures

Happy Valley Ventures would demolish the current building and perhaps build an additional building on the property but seems to have no plans to keep Rafters on site.

If Mass Alternative Care now goes on to acquire a state license they plan to commence cultivation in November and start selling the medicinal products in Amherst by July, 2017.

The ZBA must make a determination that a facility "meets a demonstrated need" thus the 4th entity to go before them could find the need has been met by the previous three.

Temporary Town Manager Peter Hechenbleikner told the Select Board Amherst's medical marijuana market is estimated at $10 million annually, and could generate $250,000 to the town via Host Community Agreements.

A voluminous winning proposal (must have been the aerial cover shot)

Obviously if Massachusetts voters pass the referendum question on November 8th to legalize recreational use of marijuana, the Amherst market e-x-p-a-n-d-s exponentially. 

More Trouble In Paradise

Antonio's Pizza, 31 North Pleasant Street, downtown Amherst

Yesterday was a bad day for local iconic restaurants.

Rafters slid closer to the abyss after our Select Board approved a "Letter of Support" for yet another medical marijuana dispensary that wants to locate on their grave and legal notice was published in the venerable Daily Hampshire Gazette of an upcoming auction for the building that houses Antonio's.

Double Yikes.

Anyone who knows anything about downtown Amherst knows Antonio's is The-Little-Train-That-Could of restaurants, even slaying a McDonald's that dared to open up next door.

Bruno Matarazzo, the hardest working man in Amherst prior to his untimely death, opened the business back in the early 1990s when the concept of pizza by the slice was pretty much untried.

According to assessor records the building was purchased from his wife Barbara in 2003 by Reves Amherst Pizza Property LLC.  And that company has since expanded Bruno's winning concept to Belchertown, Easthampton, Worcester, Providence R.I. and College Station, Texas.

Rafters: Up In Smoke?

Rafters Sports Bar & Restaurant

After 1.5 hours of sometimes agonizing deliberation the Amherst Select Board, keepers of the public way and front line pot dispensary czars, voted 4-0-1 to issue a "Letter of Support" to Happy Valley Ventures, the 4th such approval (out of 4 requests) in just the last five months.

But this one was different.  W-A-Y different.

The other three involved locations that are currently unoccupied, whereas Happy Valley is buying and tearing down a local institution, Rafters Sports Bar.

Although their lawyer pointed out that the $2 million Purchase & Sale agreement (almost three times assessed value) could be matched by Rafters as they have a "right of first refusal" in the current lease.

And their C.E.O. complained that by trying to force them to address the Rafters dilemma "changes the bar" and puts them at a competitive disadvantage compared to the other three companies which is probably a restraint of trade violation.

Insert:  CEO Edward Lauth (right) & his attorney, former state senator Andrea Nuciforo

Temporary Town Manager Pete Hechenbleikner advised the SB "Any redevelopment has impact on local business.  It's best to set aside this particular business and simply ask is this a good plan for this particular site.  If so, support it; if not don’t."

To which Chair Alisa Brewer responded, "It feels irresponsible."

But in the end (at 10:30 PM) they grudgingly took the vote and possibly sealed the fate of a local long-time,  responsible -- some would argue beloved --  small business.

Rafters sits on corner lot University Drive & Amity Street at  a main gateway to UMass

Pot Profits

Pot row on University Drive

Former Auction Barn in North Amherst another possible pot dispensary

If all four proposed Medical Marijuana facilities blossom in Amherst the "host community agreements" could result in $250,000 in annual payments to the town coffers.

Enough to hire additional Public Safety personnel that are badly needed now, even without any problems the facilities could bring.

But based on Northampton's experience to date, problems should not be an issue.

So far three of the proposed projects have garnered Select Board approval although the 4th has yet to appear on the agenda.  And that is the one that could have a negative impact on iconic sports bar Rafters.

Rafters Restaurant & Sports Bar 422 Amity Street

Our Select Board is weighing its options as to whether they can deny a Letter of Support simply based on number of facilities (three) already approved.

If so the new owner of Rafters property may have a long wait for a return on his $2 million investment.

   Rafters Sell Out by Larry Kelley

The Road Is Long

Runners line up in front of Rafters for 10:30 AM start

One of the great things about Amherst in late spring leading up to a lazy summer is all the neat weekend events that happen -- especially as it relates to outdoor activities.

Our institutes of higher education rent out facilities for summer camps which bring plenty of new young faces to our little town and there's usually a road race to benefit a worthy cause.



The Amherst Police Department in partnership with Rafters Sports Bar & Restaurant has successfully promoted this event for the past 23 years to benefit the Jimmy Fund and the Amherst Police Relief Association.

 Streaming towards our #1 employer UMass/Amherst

Let's hope the proposed medical marijuana dispensary for this location does not get in the way of a 24th year.

Let's go down to the Sunset Grill

Sunset Grill & Pizza , ye old creamery building 150 Fearing Street

Just in time for today's UMass graduation the completely transformed Sunset Grill debuts with a new menu, sit down service and cleanliness that would rival a NASA laboratory.

Long time area resident Rebecca Casagrande is fulfilling her lifelong dream.  And who doesn't like burgers, pizza and deli sandwiches?

Small businesses are the backbone of our economy, providing over half the jobs in our state.  Even more vital in Amherst where residential property provides 90% of the tax base and commercial land like this a pathetic 10%.

Running a small business is epically hard -- especially a restaurant.  But the rewards can outweigh the risks: being your own boss, while providing a product that makes people smile.

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."

College Town Moving On Up

Amherst has a commercial tax base under 10%

I usually hate those puff piece Internet listicles placing Amherst in the top ten for this that or the other, oftentimes made up category.  But BusinessWest is a different story altogether.  A legitimate insider bible of the industry, and their industry is of course "business."

Way to go, oh hometown of mine.

Partnerships Spur Development in Amherst
click link above to read article

Kendrick Place dominates the north end of downtown (at least until One East Pleasant is built)

We Are The Champions

Hampshire Gymnastics scored 1st place team award yesterday. 

My diminutive daughter Jada scored a pair of 9.47s, taking two first places and two second places, to help Hampshire Gymnastics win first place team yesterday at the Thompsons Holiday Invitational Gymnastics meet held at Holyoke Community College.

 Jada scored first place on the balance beam with a 9.47

Hampshire Gymnastics was one of my inspirations/role models when I first opened the Karate Health Fitness Center way back in 1982.

Founders Anne and Norm Vexler were very successful athletes at UMass around the same I attended and after graduation they remained in Amherst making a successful business doing what they love.

They say if you find (or make) a job doing what you love then you never work a day in your life.

Having run an athletic business for 28 years I know all too well that's a bit of an optimistic exaggeration.

But at the end of even the most trying day all it takes is a child's beaming smile after they get something right to remind you of the boundless rewards of running your own business.

Although you can still see Norm and Anne at the Club, it has been handed down to a pair of most capable hands -- their champion daughter, Talya.

Looks better viewed at YouTube site

Note the response of Jada's two coaches, Talya and Miss Betsy, near end of routine

Build, Baby, Build

Amherst Carriage Shops, AKA One East Pleasant Street, coming soon!

The August 12 Summary Judgement slapdown to the lawsuit against One East Pleasant filed by abutter/competitor Joel Greenbaum and paid for by dozens of fellow NIMBYs has NOT been appealed to the Massachusetts Appeals Court, where a panel of three judges would review the trial Court's decision; therefor the lawsuit is dead, Dead, DEAD.

   One East Pleasant, Amherst by Larry Kelley

Developer Kyle Wilson said yesterday the first order of business will be hazardous waste abatement in the former downtown hotel turned commercial strip mall, as any building constructed over fifty years ago has asbestos.  Then comes the demolition.

The Carriage Inn was very successful in the early years but fell victim to increased competition for the lucrative academic market from the University Lodge just down the road and the tax exempt Campus Center Hotel.

 

Amherst Carriage Inn circa 1960 

Meanwhile Archipelago's other nearby five-story, mixed-used building, Kendrick Place, is now over 75% occupied and thus far no major problems to report with either rowdy late night partying or a parking Armageddon.

 Kendrick Place 1st weekend of occupancy

At last week's Public Works Committee meeting DPW Chief Guilford Mooring presented up to date plans for the roundabout in front of Kendrick Place.

The curbline immediately in front of Kendrick leading onto Triangle Street will be pushed further north into the intersection to improve traffic flow and all allow better streetscape infrastructure (grass,lighting, benches, trees, etc)  if the town goes with a roundabout.

 Curbline (circled) will move northward a few feet

During the public comment period the PWC heard John Fox request an underground tunnel for the intersection whether it becomes a roundabout or not, citing safety concerns over students commuting to UMass.

 DPW Chief Guilford Mooring assuring Jeff Brown none of his commercial property is needed for roundabout

This of course would probably double the cost of the intersection, and the PWC has already gone on record at their 7/10/14 meeting saying they unanimously support a roundabout -- but only if it is constructed without any town funds.

 Most up to date intersection plan (roundabout)

Although Public Works Committee Chair Christine Gray-Mullen did say the previous recommendation was made over a year ago when the town was in a far different financial situation with road repairs.

Her Committee will continue discussion of the roundabout at their October 15 meeting and will take another vote on a intersection recommendation at that meeting or the following one.

The town is trying to incorporate some of the intersection work using the $1.5 million MassWorks project money already in hand.  The relocation of those ugly above-ground utility poles to an underground location is expected to start soon.

   Amherst NIMBY Court Case

Worth Mooing About

For the 1st time since mid-1990s Mitchell Farm will host a dairy operation

Tregaverne will keep 14 cows and 40 goats at the 340 North East Street location

Thanks to a unanimous vote of the Board of Health the sale of raw milk is now legal in the town of Amherst, but will come under state oversight.  In addition the board also voted to allow pasteurization of milk at a newly proposed micro creamery, Tregaverne.

Health Director Julie Federman, although not overly keen on the idea of raw milk, did tell the board that Massachusetts has  "robust" oversight of anything milk related.  

 Ronnie Wagner (far left), Shannon Rice-Nichols (immediate left)

And the owner of the proposed creamery, Shannon Rice-Nichols, a trained micro biologist, told the Board she would test the milk weekly and the (closed) herd of 14 cows twice per year.  The milk would also be free of glyphosate/GMO and come packaged in 100% recyclable containers.

Rice-Nichols has an extensive agricultural background having been involved with 38 creamery operations previously, to which  BOH member Julie Marcus replied, "Your credentials are the kind we want in our town."

She plans to use the Community Supported Agricultural model so all milk sales have to occur on site and signs conspicuously displayed informing consumers about the potential hazards of raw milk (Coliform, E. Coli, Salmonella, etc).

In addition every batch will be recorded, so if any problems do occur and a recall is needed it will be easy to trace the whereabouts of the milk.  

Tregaverne will be a Massachusetts B Corporation with expected annual sales in the $300,000 range with some of the proceeds donated to a local social service agency, SafePassage.  The business is expected to employ a half-dozen part time employees and pay them a fair hourly wage.

In addition to raw milk the operation will also produce other "cultured products" aka, cheese under the "Ferment This!" label.  Tregaverne will be a R&D scale micro-creamery so as to experiment with recipes.  As such batch sizes will be capped at 1,000 liters. 

" Ferment This" label:  painting by Arapawa Island goat named "Mouse"

Ideally Rice-Nichols would like to open the new creamery before the snow falls.   

local consumers will now get more choice with their dairy products, the town gets another badly needed addition to the commercial tax base, while historic structures get put to good reuse.  

A winning trifecta indeed.

Raw milk providers in Massachusetts

A Presidential Expansion

Presidential Apartments, nine new buildings with plenty of parking

Kendrick Place, with 36 units/104 tenants, wasn't the only new apartment complex to open for business yesterday.  Presidential Apartments, built back in the 1960s, opened an entire new cluster of nine buildings holding 54 units/96 tenants.

But unlike Kendrick Place, six of those units will be "affordable" thereby adding to the town's Subsidized Housing Index which currently stands at 11.18%.

Any community in Massachusetts with an SHI lower than 10% is open to a Ch40B development that allows bypassing of local zoning ordinances for a housing project with at least 20% of the units subsidized.

 Moving in yesterday

"College aged youth" currently make up 59% of Amherst's population because of course UMass, our #1 employer. 

Kendrick Place and Presidential Apartments are, like bookends, conveniently located on either side of our flagship of higher education. 

Living Building Taking Shape

 

Foundation and parking lot of new building at Hampshire College 

 

The Hitchcock Center's new super efficient 9,000 square foot "Living Building" on the grounds of Hampshire College seems to be coming along just fine.  The facility is expected to open in the Fall of 2016.

Hitchcock Center current building is too small

The Hitchcock Center has been leading the charge on environmental education since 1962, and currently operate out of the town owned building a few miles up the road at 525 South Pleasant Street.

They have a lease there until 2020.

Hitchcock Center current building according to new town Building Inventory 

 Town DPW is installing road/driveway over on the left as part of a previous deal relating to Atkins Corner roundabout construction a couple years ago

Another Metamorphosis

Hess Express now Speedway 486 West Street, South Amherst

Just when I get used to calling the long time,  always busy, convenience store in South Amherst by its new name they go and get bought out and change their name again.

When I first opened my business next door over 30 years ago it was a Dairy Mart, then DB Mart, then Volaro, then Hess Express and now Speedway.

The most recent metamorphosis is pretty much like all the rest: Speedway purchased 1,200 Hess Express stores for $2.8 billion dollars and simply changed the signage.  Although I'm sure the one over the front entry will get a better, more permanent one soon.

With the perfect location, location, location of this store on Rt 116 (West Street) it has never gone out of business due to a lack of business. Probably the only other store in Amherst with the same daily volume is the Cumberland Farms on Rt 9  (College Street), East Amherst.

Interestingly in the past couple years both of these locations tried to acquire a beer/wine permit, but the Select Board (acting as Liquor Commissioners) turned them down.

Concerns centered on nearby mom-and-pop liquor stores being negatively impacted and -- because they do such convenient high volume sales -- it could put liquor in the wrong hands at the wrong time, like just before getting behind the wheel of a car.

Having an even larger player now in place at that prime location can only benefit the South Amherst Village Center.