Variety of Alleged Assaults

Eastern Hampshire District Court in Belchertown

In addition to handling arraignments for arrests from Amherst and other local police departments (and State PD) a District Court Judge also routinely hears parole violations, magistrate appeals over civil motor vehicle violations and 258E restraining orders.

On Monday morning  Robert Chiado was arraigned before before Judge John Payne on the scary sounding charge of a"assault and battery with a dangerous weapon", an ax.  Although at his arraignment the Assistant District Attorney told the Judge, "It was just a threat, there was no active use of the ax."

Robert Chiodo, age 47, stands before Judge John Payne

He was arrested early Saturday morning for threatening two individuals with the ax after he drove his truck close to them on State Street and one of them slapped the truck with his hand. Right out of a horror movie Chiodo pulled over, exited his vehicle brandishing the ax.

He spent the next two nights at the Hampshire County Jail in Northampton but was released by Judge Payne on his own recognisance and will appear again in Court on July 21.  As he was being released the Judge's assistant asked the prosecution if there were "56A allegations" to which he replied "no."

So I was a little surprised when I returned for my public document request a few hours later and was told the police "Statement of Facts" had been "impounded."  Turns out it had nothing to do with the new 56A law, which forbids any release of information regarding "domestic abuse," but simply because one of the victims was a juvenile.

I asked why the Clerk's office couldn't simply redact the one name but was told that's not the way it works.

After Mr. Chiodo was being led out of the "lock up" on the side of the court room, Judge Payne transitioned to a 258E protection order and all eyes shifted to the front of the room where most Court business is transacted.

A gentleman introduced himself politely to Judge Payne and stated he was from the US Attorney's Office representing the Department of Homeland Security.

He basically told the Judge he was present today to ensure no special agent's testify in the case now before the Judge because the Department of Homeland Security had not yet completed their investigation and had not issued permission for any of their employees to testify.

The Judge had issued an emergency harassment order last week to a woman and today's hearing was for an extension of that Court order.  A female agent had sought protection against a male agent for bad behavior occurring at their 1550 Main Street office in Springfield.

She had brought with her another special agent from the same office to testify as a witness, and the male defendant had another "local attorney" assigned to him by the Department of Justice who told the Judge he simply wanted this hearing "continued."

He was working to get the matter transferred to a Federal Court.

Judge Payne continued the hearing until July 21 but did extend until then the 258E protection order -- no contact, no abuse, and "stay away" at least 100 yards.

One of the attorney's confirmed the defendant had been transferred from the Springfield to the Hartford office until the matter is resolved. 

I guess this shows the Department of Homeland Security is pretty much like any workplace in America.  With the 14th anniversary of 9/11 fast approaching, not an overly comforting thought.

Finally: More Housing

Presidential Apartments are located in the shadow of UMass/Amherst

The long permitted (1966) expansion of Presidential Apartments, an 85 unit complex built in the 1960s, is taking shape as 8 of the 9 new buildings are now up.

This expansion will add 54 units of badly needed housing, 12 one-bedroom and 42 two-bedroom.

In addition -- even more desperately needed -- six of those units will be "affordable," thus adding to the town's Subsidized Housing Index which currently stands at just over 11%.

If the town should fall below 10% it would then open up the possibility of a Chapter 40B housing development that bypasses local zoning ordinances as long as the project is 20% "affordable."

This will be the first project that results in affordable units built under the town's ten year old Inclusionary Zoning Article 15, which mandates 10% of units in a development requiring a Special Permit must be "affordable."

According to property manager Pat Kamins,  "All 54 units should be on line for move in on 9/1/15."

Click to enlarge

How Green Was My Common

North Common bordered by S. Pleasant, Spring, Main streets & Boltwood Ave

The town is hosting a community forum this evening seeking input from the general public about ideas for improvements to the North Common, that historic square of green space nestled between Town Hall and downtown Merchants Row.

Three years ago town officials floated a half million dollar project to improve the highly visible public space but the state turned down the 70% funding match request, although giving the proposal high marks.

The town will again be applying to Parkland Acquisitions & Renovations for Communities grant program for the vast majority of the funding with the balance coming from Community Preservation Act funds.

Close Call On Final School Day

AFD ambulance escorted new bus returning children to Fort River Elementary School

Amherst Police and Fire personnel responded swiftly this afternoon to multiple 911 calls reporting a school bus with children careening into a utility pole on Henry Street, North Amherst with live wires down in the roadway.

The first ambulance on scene quickly reported what everybody waited breathlessly to hear:   no injuries.

AFD & APD responding to North Amherst for school bus into utility pole with wires down (children aboard bus, but no reports of injury).

— Larry Kelley (@amherstac) June 22, 2015

A mass casualty incident would have overwhelmed AFD as they had two ambulances out on other medical calls at the time, so only four responders remained to handle the bus accident, two on the ambulance and two on Engine 2. 

Dispatch called Eversource (formerly WMECO) requesting a "Priority One Response" to the scene and they too arrived post haste.  The schools sent a second bus to pick up the 18 children and return them to Fort River Elementary School. 

Police shut down Henry Street to allow the electric company to initiate repairs and Amherst Towing came to retrieve the bus, which had front end damage.

School Facilities Director Ron Bohonowicz was also called to the scene and from initial reports it sounded like there could have been a mechanical problem with the bus.  The bus was a contract bus operated by "Five Star," and not one of the town owned buses.

The bus was in the final leg of of its route (Schools had a half-day), about 20 minutes from completion when the accident occurred.  The driver was not cited at the scene. 

Searingly Powerful Symbols

Belchertown Civil War monument, Town Common

The two hour public hearing in the quaint little college town of Amherst regarding the flying of 29 commemorative flags in the heart of the downtown had a particularly dramatic moment: a UMass professor branded the flag, "A symbol of terrorism and death and fear and destruction and repression ... it's nothing to be proud of."

And no, she was not talking about the Confederate battle flag.

Ironically enough terrorism, death, fear and destruction would rain down from the brilliant blue skies only 12 hours later, the worst foreign attack on American soil in the entire history of our nation.  But that was almost 14 years ago, and life goes on.  For us. 

Because of my -- some would argue "in your face" -- insistence the commemorative American flags be allowed to fly every 9/11 to honor and remember the 3,000 slaughtered that day, a "deal" was brokered.  

Kind of like the deal brokered in South Carolina to move the Confederate battle flag from the State Capital building to a nearby historic monument.

Select Board Chair Gerry Weiss proposed they be allowed up once every three years to reflect the shameful 2007 Town Meeting vote that rejected my request by a two-thirds majority.  So in 2009 they did fly in the downtown. 

But then it occurred to new Select Board Chair Stephanie O'Keeffe that the restrictive deal would prevent the flags from flying on the 10th and 20th anniversary.  

So when I went to the Select Board in 2010 with my annual request, not only did they say "no" (although two-of-five voted "yes") to that year, but they then changed the "once every three years" to once every five for "milestone anniversaries".

So that's why the commemorative American flags are not allowed to fly this coming 9/11, but will fly next year on the 15th anniversary of that awful morning.

Simply because the politicians seem to think there's still a (significant) number of citizens who could agree with the UMass professor from all those years ago.   

It's time to change both those deals brokered over the flying of flags.

Can We Talk?

Sunderland and Montague Road branch off after intersection of Pine/Meadow/North Pleasant

The town is sponsoring an open forum on Wednesday night seeking input about redesigning the funky intersection of five roads all converging in the North Amherst Village Center.  And of course any improvement in infrastructure could lead to, gasp, increased development.

Thus the NIMBY/BANANA crowd will be out in force issuing the standard warning shot across the bow about "student housing".  As in, can't have any of that.

Form Based Zoning would have allowed denser developments in our Village Centers, exactly where the town's Master Plan said they should occur.   But it was defeated -- TWICE -- in Town Meeting, although both times garnering well over a majority vote.

Only a year later the nefarious impact was felt as the state turned down our $4 million MassWorks grant proposal to rebuild Pine Street, a main thoroughfare serving North Amherst.

 Pine Street connects North Amherst Village Center with "historic" Cushman Village

One of the main criteria for state grant funding is future "economic development." And without Form Based Zoning helping to stimulate that, the state decided North Amherst was not going to see a lot of development in the future, and therefor not worthy of their $4 million investment. 

Although at least one developer continues to swim against the tide.

Cinda Jones went ahead anyway with the 12,000 square foot Trolley Barn, the first new mixed-use building in North Amherst in a generation.   And the wider area know as The Mill District continues to attract high end operations like Atkins Country Market. 

Trolley Barn:  12,000 square foot, three-story mixed use (residential/commercial) building

But rather than subdividing a 4,000 square foot floor  into smaller more efficient living quarters for additional people, because of the current antiquated zoning she can only market them as two "luxury apartments".  (Or perhaps a bowling alley)

 Atkins North opening in August

Even more ominously those narrow zoning defeats occurred back in the Fall of 2011 and Spring of 2012.  Since then two "citizen zoning petitions" that would have effectively detonated a dirty bomb in downtown business district both garnered MORE THAN A MAJORITY of Town Meeting support this past Spring.

So whatever solutions the group discussion comes up with Wednesday evening for badly needed infrastructure improvements to North Amherst Village Center, "the dirty hands district", safe bet they go nowhere when it comes to execution.

Because our current form of government allows -- some would say "encourages" -- a minority of vociferous opponents to torpedo any meaningful development.

Cowls Building Supply celebrated 35 years in business yesterday.  One of the few brights spots for North Amherst commercial activity and founding business in the Mill District.   

A Different Taste?

Taste of Amherst Thursday 6:45 PM

Next year on the 25th silver anniversary of the Taste of Amherst food offerings may not quite be the same as they have since inception.  As in, no fresh fried food on site. 

Because of a relatively new law that requires open air fryolaters to have an (expensive) fire suppression system, like they do inside a bricks-and-mortar restaurants, their use at the Taste of Amherst will cease next year.  Currently six venders out of 21 use fryolaters.

 Click to enlarge/read

 Assistant Chief Don McKay Statement

When it comes to the Taste of Amherst, an iconic culinary event the town is justifiably proud of, cooperation from all stakeholders is key.  Perhaps the main reason the Taste has been a huge success all these years.   (Besides the great food of course.)

But nothing is more paramount than public safety.

Town Meeting recently approved spending $10,000 for "spider boxes" to mitigate electrical chord chaos that ensues on the Town Common with major events like The Taste.  Because electricity can be a dangerous thing.

Anyone who has ever experienced a grease fire knows how explosively scary they are.  Mix in a multitude of untrained civilians near combustible tents, and you have a recipe for disaster.

 Fryolators are segregated off in their own enclosed area (not under a tent)

The Chamber of Commerce will meet with town officials at the conclusion of this year's Taste to cook up a firm plan for next year, which could include appealing AFD's interpretation of the law to the State Fire Marshal or simply requesting restaurants not offer food that requires a fryolator.

Venders could also fry food at their regular establishment and then ferry it to the Town Common.  

AFD Fire Prevention Plan for this year's Taste of Amherst 

Taste of Amherst Friday 5:45 PM