De Facto Monopoly?

The lucrative cable license for Comcast expires in October, 2016 so the town has revived the Cable Advisory Committee, kind of like locust that spends most of their life time in hibernation before noisily coming back to life.  

The Committee met yesterday for the 1st time in almost ten years.  Town Manager John Musante and legal consultant, Boston attorney Peter Epstein, also attended.  Epstein told the committee he was the attorney who wrote the cable agreement 3 cycles ago in the mid-1980s.

 Kris Pacunas was voted Chair

Since cable franchise is such a special field we are not using our regular town attorney from the firm of Kopelman & Paige.  Mr. Epstein is being paid $200/hour and will probably cost in the neighborhood of $20,000 total.

 Attorney Epstein (2nd from left) meets with Cable Advisory Committee 6/16

This year the contract is worth $6.3 million to Comcast and the town's 5% cut comes to $317,000 so not a lot of money to spend making sure the town doesn't get taken to the cleaners in the next contract.

Amherst provides 7,000 total subscribers, the vast majority of them using cable TV -- but that number also includes Internet and phone subscribers, which does not provide any revenue to the town.

 Virtually all of the money ($317,000)  generated by the 5% cut  -- which attorney Epstein said is "written in stone" -- goes to local cable access entity, Amherst Media.

The money issue that could be a tad more negotiable is the one-time payment for "technology upgrade."  At the start of the previous ten-year contract that came to $450,000.  

The current contract expires in October of 2016 but the renewal could theoretically be signed early.  Right now the job of the Cable Advisory Committee is to perform "ascertainment", in other words what do the subscribers want, aka a wish list?  Unfortunately cost of service and programming is not negotiable. 

Cable Advisory member Adrienne Terrizzi said "raising awareness" is, for now,  job number one.

The Amherst Select Board is the final authority and state/federal law mandates at least one Public Hearing which attorney Epstein suggested should happen after Labor Day.  He would like to send Comcast the initial contract by November 1st and they then have two months to respond.

That triggers an additional four months of "negotiations," which hopefully result in a contract both parties can live with prior to October, 2016.  The RFP is specifically written for Comcast and is not a general RFP that could be bid on by Verizon, Charter or any other provider.

Since Comcast owns all the infrastructure required to serve Amherst it is unlikely any other company would want to come in and try to replicate that.

The Internet is not only killing newspapers but cable TV as well, so the next contract (be it 5 or 10 years) could be less lucrative with each passing year. 

DUI Do Over

Richard Sherwood stands before Judge Payne ... again

Richard Sherwood, age 30, was arraigned before Judge John Payne on Monday morning for a drunk driving arrest in Amherst on Saturday night May 9th.  Or perhaps I should say "rearraigned."

 Originally Mr. Sherwood was charged with "OUI 3rd offense" and as it turns out that was his 4th offense!  And when it comes to the American system of justice, details are important.

Sherwood was released on the original $5,000 bail he posted five weeks ago and the conditions remain the same:  no driving, use of a sobrietor, and report to probation officer twice per week.  His case was continued until July 13.

DUI Dishonor Roll

Amherst Police intercepted two drunk drivers on both ends of Saturday, one in the very early morning hours (what most of us would consider late Friday night) and the other one very late Saturday night just before the bewitching hour.

 Geeth Gulavita, age 21, stand before Judge Payne

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In Eastern Hampshire District Court on Monday morning both men were arraigned before Judge John Payne.  Both had their cases continued to July 14.

 Jeffery Lowe arraigned before Judge Payne

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Just Say NO (To No Parking)

Lincoln Avenue/Amity Street intersection outskirts of town center

The Amherst Select Board meeting was invaded last night by a brigade of concerned Lincoln Avenue residents upset about the initial proposal to ban parking along both sides of their street.

Almost all of them agreed there were problems at the Amity Street/Lincoln Avenue intersection and Gaylord Street/Lincoln Avenue, mainly with sight lines.

But those remedies should only impact the immediate area around those intersections and not the length of the entire road which connects Northampton Road (Rt 9) to UMass Amherst, the largest employer in town.

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 Proposed parking scenario widely panned by residents

By removing parked cars entirely neighbors fear it will increase speed along their street by commuters enroute to UMass.

And many of them pointed out they have small driveways and the on-street parking is needed for visiting friends and family.

Concerned neighbors pack Select Board hearing (eleven spoke, all of them opposed)

The Select Board, keepers of the public way, seemed almost embarrassed by the controversy.  Connie Kruger said it was "premature to vote on this", that it required a "more comprehensive look," and the town should go "back to the drawing board."

 Gaylord/Lincoln Avenue intersect

The Select Board wisely retreated and continued the public hearing until their next meeting July  27.  (During the summer months the Select Board meets infrequently).

Here Comes The Solar

Robsham Visitor's Center

Work has begun on the nifty new solar parking lot canopies -- the first of their kind in our area --at the Robsham Visitor's Center parking lot across the street from Haigis Mall in the heart of UMass campus.

The solar units will cover six rows of parking spaces, producing a total of .576 megawatts of electricity. In addition UMass will install three Level Two dual charging stations for electric vehicles to plug in.

The town of Amherst, as part of their "green initiative" is installing a charging station in the lower level of the garage for the town's electric vehicle and a duel system for the general public in the parking lot behind Town Hall.

The Town Manager is also going on a fishing expedition by preparing a broadly worded Request For Proposals for companies to use town property for solar installations. Of course if NIMBYs see ye old landfill mentioned they will be quick to pull the plug by threatening yet another lawsuit.

Anyone remember when going "green" simply meant nice plantings?

 Town Hall greenspace

Amherst Police station plantings

Worth The Wait?

Metacomet Cafe, 27 South Pleasant Street, downtown

After probably the longest delayed opening in the history of the downtown, the Metacomet Cafe, finally, opened their doors for business yesterday -- just in time for a sizzling summer.

Fortunately Amherst no longer rolls up the streets once UMass and the Colleges are no longer in session. 

Menu

Yes, the neon sign lights up

The Cost Of Convenience

 Above North Valley Road, Pelham

 Scarred hillside, North Valley Road, Pelham

Eversource is replacing powerline infrastructure, which of course means anything tall and green that stands in the way is terminated.

"Sorry about that."

Heavy duty machines

Meanwhile, on Belchertown Road (Rt 9) just over the Amherst line:

A Day Of Respect

You can tell BigY is family owned

Oddly enough I've never been a h-u-g-e fan of Flag Day simply because I believe every day should be a day to respect and honor our national symbol.

I once even tried to trade Flag Day for 9/11 with our illustrious Select Board.  A deal they refused to take.

As most of you know by now the Amherst Select Board, keepers of the public way, voted 4-1 on the early evening of September 10, 2001 to allow 29 commemorative flags to fly in the downtown to mark only six anniversaries: Patriots' Day, Memorial Day, Flag Day, July 4, Labor Day and Veterans Day.

Since that normally obscure public meeting took place about 12 hours before the first plane found its target in Manhattan, September 11 was still just another late summer day.  And that particular 9/11 dawned sooooo stunningly beautiful ...

But acrid black smoke soon crowed out that crystal clear blue sky leading to a gaping hole in the New York City skyline.

This fast approaching 9/11, the 14th anniversary,  the commemorative flags are not scheduled to fly in downtown Amherst.

Next year they will, however, because it's a "milestone anniversary."  And then not again until 2021, when the average incoming freshman to our three institutes of higher education had not even been born on the awful day.

Since Amherst forgot to put the commemorative flags up today, Flag Day, maybe now the Select Board will take my deal?  
 

Death Be Not Proud

Growing up in bucolic Amherst during the carefree pre-Internet days just before Vietnam changed our national psyche, my Irish mother had a superstitious habit of lowering her voice to a whisper when using  the word "cancer" to describe how a friend or acquaintance had recently passed.

Her way of dealing with a killer that still a generation later accounts for a sizable percentage of "routine" deaths.

Ball Lane:  one of the last unpaved roads in Amherst (privately owned)

On Wednesday evening Amherst police responded to a Ball Lane apartment to perform a "well being check."

Neighbors had called because the tenant who lives there had not been seen in quite a while and a strong stench was emanating from the general direction of his apartment.

You can guess what happened next.

After a "keyholder" (property manager) arrived to let authorities in the officer promptly radioed Dispatch saying ,"Recode from a well being check to a 63."  A '63' is an "unattended death."

Since all unattended deaths have to be investigated by the Northwestern District Attorney I asked for a statement concerning the sad incident.  I was told no statement would be issued.

I asked for simple confirmation that an Amherst resident, age 31, had actually died and was again told "no statement would be issued."

Okay, I can take a hint.

As of yesterday the Amherst Town Clerk has on file 109 death certificates for the year 2015.  And just so as not to slip into a melancholy morbid stupor I also checked births:  64.

And while I was there looking at them (since they can't be removed from her office or photographed) two couples came in to file for a marriage license.  Life, indeed, goes on.

The vast majority of deaths resulted from cancer, heart attacks, renal failure or dementia.  And for the most part their ages were well past retirement.

But six of them -- all but one -- college to middle aged had "pending" appear prominently on the cause of death line.  That means the Medical Examiner had been called in because the death was not "routine."

And more often than not those eventually (takes six months) return as a suicide or drug overdose.

For instance one of the names with "pending" is Zachariah Spaulding another the recent well publicized Chris Linehan, who died in the bathroom of the Hess Station in South Amherst. 

In fact two other death certificates did outright confirm "suicide".  Neither of which were covered by the local media or even so much as acknowledged by public officials.

Perhaps if people knew the extent of the problem with deaths nobody wants to acknowledge or talk about, preventative measures would be sought -- in earnest. 

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. 

NIMBY Secret Weapon?

130 Fearing Street

If the Lincoln Sunset Local Historic District had been approved by Town Meeting a couple years ago and was now functioning the way the Dickinson Local Historic District Commission does, this family owned house could never have seen the light of day.

Not so much that LHD's have the power to stop new construction, but they have an inordinate amount of power when it comes to demolishing old structures to make way for new development.

 Lincoln Sunset Local Historic District Study Committee meeting 6/2/15

In this case a barn that was claimed to be "historic" because a real estate agent once advertised that Robert Frost may have used it as a lonely writers garret. The Amherst Historical Commission was not convinced and rejected using their powers to enact a one-year demolition delay.

The next day owner You-Pan Tzeng demolished the structure and later flipped the vacant property to the current owners, who built the house that now fits snugly into the neighborhood.

At most the Amherst Historical Commission could only have delayed things one year.  But a Local Historic District Commission could have delayed demolition permanently.

And it can be hard to build a new house or five-story mixed use building if you can't clear an old building sitting on that spot.

For instance the Amherst Historical Commission hit North Amherst developer Cinda Jones with a one-year demo delay on her big red barn at the entryway to the Mill District.

Without a change in zoning or Special Permit from the Zoning Board of Appeals the barn cannot be used for commercial activities related to the Mill District (like Atkins North) and is way too expensive to rehabilitate simply for storage.

 Currently the barn screens the Mill District from viewers on Montague Road

Atkins North is reusing a barn that was in commercial zone

Thus it will probably be demolished next month when the one-year delay expires.  But a North Amherst Local Historic District Commission (which is being talked about) could have simply said, "you can't tear down this barn.  Ever!" 

Which is easy to say when the preservation money is not coming out of your pocket.

Margin Of Safety

Pine Street, North Amherst

The Amherst Planning Board is unhappy with the final design for three crosswalks on Pine Street in North Amherst, citing the 8 foot width as too narrow and requesting the Select Board -- who has final say -- make them at least 12 feet wide.

Town Manager Musante dismissed the concerns telling the Select Board he's comfortable with the current 8 foot wide design and other assorted measures including a  high tech solar powered Rectangular Rapid Flash Beacon at each crosswalk.

 Transportation Plan seems to prefer 12 feet wide but did call this a "sample"

The town currently has no crosswalks greater than 8 feet wide.  And some are only 6 feet. The Select Board decided not to change the crosswalk plans at this late date.

 Crosswalks in town center are 8 feet wide

Public Private Partnership

Hampshire College this morning

Yes, that is our Department of Public Works doing construction on private property.

They are building Hampshire College a driveway that will connect the parking lot over on the left with West Street (Rt 116) below.

The construction at top of photo does not involve our DPW.  It's the new super efficient Hitchcock Center building, but it does look like it will share the new road being installed by the DPW.

 Although the town is getting plenty of loam out of the deal

This is part of a deal made a few years ago relating to the Atkins Corner double roundabouts where the town needed to take some property from Hampshire College and offered construction services instead of cash.

 Atkins Corner $6 million double roundabout project. Atkins Market top right

Why didn't the state simply pay Hampshire College for the property in the first place since the $6 million Atkins Corner project was a Department Of Transportation project?

They would have except the town "took over" Rt 116 from Atkins up to town center because they did not like they way the state was going to re widen along the  Pomeroy Lane/West Street Village Center.

This also means our DPW has to plow this stretch of road in the winter.

As some of you may remember Hampshire College refused to allow a detour through their campus during the Atkins Corner construction, a project that almost led to the demise of Atkins Country Market.

Hampshire College pays the town nothing for Amherst Fire Department emergency service runs which average close to Amherst College, who pays $90,000 annually.   UMass also pays $450,000 annually.

In reality none of the institutes of higher education pay their fair share.   But certainly anything is better than nothing.

At least the roundabouts work

Miss Emily: A Star Is Reborn

Emily Dickinson Museum, 280 Main Street
A professional film crew will come calling next week for a three-day shoot about Amherst's most famous reclusive resident, Emily Dickinson -- The Belle of Amherst.

The movie is called, appropriately enough, "A Quiet Passion" and they will of course be filming at the Dickinson Homestead, aka Emily Dickinson Museum, on Main Street just above the railroad tracks her father helped bring to Amherst.

Since it's a period piece Amherst police will be used to control traffic to ensure a 21st century internal combustion vehicle does not stray into a shot of a horse and carriage ambling up Main Street.  Barry Roberts will be providing the horses.

Film crew will use Wildwood rather than West Cemetery due to 21st century intrusions near West Cemetery

Chief Livingstone points out it's a pretty simply request, not nearly as complicated as the 1993 shoot centered in the downtown for the movie "Malice."

Old timers also remember when the Merry Maple (aka Christmas Tree) was reignited in the spring of 1968 for the movie "Silent Night, Lonely Night."

Pride Of Place Issue

Atkins Corner roundabouts on a dreary morning

The venerable Amherst Select Board -- keepers of the public way -- got an earful last night about the condition of the double roundabouts at Atkins Corner by a neighborhood woman who cited weeds, dead plants and overall dreariness, closing with "It's all very unattractive."

And I have to admit next to the UMass roundabout at Eastman Lane and North Pleasant Street they certainly do pale by comparison.

 UMass roundabout on a sunny Sunday morning

Like Police and Fire, DPW staffing is severely stretched to the limit.  And in the past few years their kingdom has expanded to include these $6 million dollar roundabouts and of course all of Kendrick Park.

Select Board member Connie Kruger stated she was "Also very disappointed.  It's a gateway and it's embarrassing."

Ms. Kruger also hinted that perhaps Atkins Country Market and Hampshire College could step up and maybe "adopt" the roundabouts and show them some Tender Loving Care.

 Atkins Corner from 400 feet: Epstein's Pond on the right

Pax Mexicana

Mission Cantina Friday 5:45 PM

The pitched battle that erupted -- mainly over parking -- between town officials and Mission Cantina came to an honorable end at last week's Zoning Board of Appeals meeting, with a compromise both entities can live with.

The ever popular restaurant can continue operating a food truck (which serves the downtown) out of their current location with extra parking allowed for employees in the back as long as they stay only on paved areas.

The restaurant is not required to carve out any new additional customer parking spaces and in fact will lose a few by installing barriers to protect green space on the south end of the parking lot.

In addition signs will be erected telling hungry customers to stay off the grass.  Or maybe they can hire a grumpy old man at peak times to yell, "get off my lawn!"

And they will be allowed to construct an enclosure/vestibule around the front door.

Town officials were caught in a bit of bind:  They recently allowed two new large five-story mixed used buildings (mostly residential) in the downtown with no parking required but in this case originally tried to force a restaurant to add parking when they already provide more than twice what the zoning bylaw requires.

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