Don't Drink The Water?

Ye old unlined landfill off Old Farm Road.  Amherst Woods top center

Assistant Town Manager Dave Ziomek (far right) attended Water Supply Protection Committee meeting yesterday

The Amherst Water Supply Protection Committee voted 3-1 yesterday to recommend the town do one extra sampling analysis at Well 4-08, located in a sensitive area for our drinking supply (Zone 2) where a high level of Dioxane was detected in one lone sampling back in July, 2012.

As per DEP regulations the town tests annually at 15 sites for contamination from two closed landfills off Belchertown Road (lined landfill) and Old Farm Road (unlined).

After the alarming test results taken in July, 2012 the town quickly did a resampling in August using a better testing method which turned up nothing.  Zero.  Zip.

And for the past three years annual testing has turned up nothing.  Zero.  Zip.

Dissenting member John Tobiason, who is also a Board of Health member, was sure the unusually high readings on that one test date were simply due to error, or a false positive.  Especially since that lone sample date is so far outside the norm for all the other sampling ever done.

About a half dozen neighbors showed up for the meeting and were adamant the town test four times per year to account for "seasonal variations."

But the Committee pointed out the retest using a better testing method was done in August of 2012 only a month after the alarming sample was taken, and August is in the same "season" as July.

Of course these are the same Amherst Woods neighbors who filed a lawsuit against the town to prevent a solar array from going on ye old landfill.

After the appeased neighbors filed out of the meeting, just before adjournment, the Water Supply Protection Committee confirmed, "We're not concerned."

The southern end of Gull Pond has tested positive for contamination, but it's not like anybody would drink that water (or swim in it)

Regional School Expansion Delayed Again

Regional School Committee, 9 members from 4 towns (5 of them Amherst)

The four year slog to expanding the four town regional public school education system from grades 7-12 all the way down to pre-K-6 will just have to wait another year, as the Regional School Committee voted this evening to suspend discussion of the matter until January, 2017.

Katherine Appy, Amherst School Committee Chair and major cheerleader for expanded Regionalization, said Amherst simply has too much going on with a proposed new mega school and consolidation of the Middle School students into the High School.

The vote was 7-2 in favor of the delay with Vira Douangmany Cage and Stephen Sullivan voting no.

Mr. Sullivan, a Shutesbury representative, said this delay was unfair to three other towns who are members of Union 28 -- Wendell, Erving and New Salem -- aligned with Leverett and Shutesbury at grades K-6.  This delay leaves them in limbo for another year.

Furthermore, Sullivan announced Shutesbury public officials (Select Board, Finance and School Committees) will recommend their Town Meeting vote "No" on both questions concerning Regionalization.

The first question asks if voters will approve the Regional Agreement be amended to allow for the expansion of the Region, and the second question asks if you wish your town to join.  All four towns must vote "Yes" to the first question or the entire endeavor fails.

So tonight's School Committee vote to delay is really only a stay of execution.

Sad Commentary On Our Times

 New ambulance costs $260K and must negotiate all kinds of terrain

Presenting to the Joint Capital Planning Committee his $442,250 total capital budget request this morning Amherst Fire Department Chief Tim Nelson assumed a somber tone we he got to the next-to-the-last item on the list: "Never in my life would I ever expect to ask for this ... but we live in a different world now."

 Assistant Chiefs McKay and Stromgren (left & right) Chief Nelson (center)

The $17,500 item(s) he was requesting?

Ten bullet proof vests and helmets, one each for two ambulance personnel in all five AFD ambulances.  And yes this request was in the pipeline long before the recent weapon incident that sent UMass into lockdown.

But that incident certainly reinforced the sobering notion expressed by Chief Nelson that "It's going to happen here."

Assistant Chief McKay told the Committee that AFD has been training active shooter scenarios with UMass PD since 2002 (after Columbine) and since 2006 with APD.

These days protocols have changed somewhat in that rather than keeping FD in a "cold zone" where they are safe and protected until police have secured the area, the current idea is for PD to make a "dynamic entry" and clear part of a building so FD can then move in and stage in that "warm zone".

Because obviously the quicker medical experts can get to a victim the more likely they can do something to save a life.  But yes, at risk to their own lives.

The bullet proof vests would stay in the ambulance so they will get way less use than the ones worn by police officers daily, thus this request for 10 vests should be good for twenty years or more.

   AFD Capital Equipment Requests

Our other equally vital public safety department, APD, had only two requests, both somewhat big ticket items totaling $315,000.  The usual request for four new vehicles -- Ford utility Interceptors at $35,000 each -- and new portable radios for the entire department.

 Chief Livingstone (left) Captain Pronovost (right)

The front line patrol vehicles are run 24/7 with plenty of stop and go under all sorts of negative circumstances.  Next year (FY18) they will replace three cruisers but the price is going up about $5,000 per vehicle.   While the radios are all over 20 years old so parts are hard to come by. 

The last thing you want is for an officer responding to a life-and-death emergency being slowed by a vehicle break down.  And officer safety is compromised if their hand held radio should fail when they are in the field.

Our public safety departments -- Police, Fire and Dispatch -- cost $10 million in total operation budgets this year so these two department requests of $757,250 works out to under 8% of total budget.

Currently the Joint Capital Planning Committee uses 8% of the town's total budget for capital equipment/building/facilities spending, or $3.15 million.  Requests from all departments total $3.34 million, so cuts will have to be made.

Hopefully not from Police or Fire.

Masslive catches up to this story (Can the Gazette be far behind?)

Regional School Expansion Showdown

Amherst, Pelham, Leverett and Shutesbury make up the Region

After almost four years of behind the scenes discussion that included two sub-committees made up representative from the four towns the Amherst Regional School Committee will vote tonight on expanding the current 7-12 Region (middle and high school) all the way down to pre-K through 6th grade.

And even though Amherst provides over 80% of the students -- and funding -- the five member Amherst School Committee only has 55.5% say in the nine member Regional School Committee.

The agenda only shows 20 minutes for the discussion vote (7:40 PM - 8:00 PM) so it's probably already a done deal.

Extravaganja Lives

Extravaganja 2015 Amherst Town Common

So Northampton, our sister city to the west, will welcome the 25th annual pot rally at the 3 County Fairgrounds April 30th.

Amherst bounced the mellow revelers from the town common due to the size of the crowd they attract, estimated in the range of 6,000.

Interestingly enough the 3 County Fair committee voted in favor of the rental agreement on Monday night around the same time the Amherst Select Board voted to support a 2nd medical marijuana dispensary on University Drive.

Average Amherst citizenry will certainly not miss the traffic congestion the event always created, but I'm sure starving downtown businesses will miss the thousands of hungry customers.

There's Something Happening Here

White Hut calling it quits

Yes, the restaurant business is the most unmerciful of all when it comes to failure rate before a 5th anniversary.

But the number of Amherst downtown food businesses that have failed or been sold/renamed in the past year or so makes me wonder what the hell is happening here.  But what it is ain't exactly clear.

 Baby Berk is a popular on campus late night food truck

With UMass Auxiliary Enterprises (aka dining services) doing everything possible to keep students on campus and with the built in advantage that comes with being a tax exempt entity, it's beginning to look like a hard working, tax generating, mom & pop simply can't compete.

 Location next to Bueno Y Sano didn't help of course

$2 Million Here & $2 Million There

Strong House Amherst History Museum located next door to Jones Library

The Amherst Community Preservation Act Committee held their required public hearing last night to seek input on 15 proposals totaling $2.1 million, with the available pot of funds being "only" $1.8 million.

The overall nest egg is generated by a 3% surcharge on properties, although residential homeowners are exempt from the first $100,000 of their valuation.

 CPA Committee Chair Mary Streeter (center)

Chair Mary Streeter called the meeting to order a few minutes late and explained to the sizable crowd they would go down the list of all the projects and accept comments or questions first, then the Committee would talk among themselves and possible vote on some of the projects.

The only two projects to generate public (supportive) discussion were the First Congregational Church request for $357,647 to install a fire suppression system and the recreation request of $600,000 for a spray park and other improvements at Groff Park in South Amherst.

 Good crowd on a potentially snowy night

Although most of the speakers voicing support were pretty much connected to the projects.

After 45 minutes all 15 projects were done as many did not generate any comments at all and the Committee then took up their discussion of the projects.  The first problem to deal with was some of the historical preservation requests were questionable as to being eligible for CPA spending.

The request from the Strong House/Amherst History Museum for $18,000 to pay for legal counsel to break  the will of the Emerson family (who donated the Strong House to the Amherst Historical Society) so they can sell property to the Jones Library was ruled illegal by the town attorney.

There were also questions/concerns about the legality of $10,000 in "due diligence" money for the Amherst Historical Commission as they seem to be treated differently than the Conservation Commission where due diligence money is routinely funded by CPA.

And a $5,000 request for a headstone to mark the grave of a black soldier who served in the Civil War was also found somewhat questionable, although if the CPA ruled it was a "rehabilitation of West Cemetery" it would pass muster.  Chair Mary Streeter seemed uncomfortable making that declaration.

A $10,000 historical preservation request to photo archive Amherst College owned Little Red Schoolhouse slated for demolition this spring was withdrawn by zealot Carol Gray.

In the end the Committee voted support for the non controversial projects -- previous debt that must be paid, and $3,500 annual dues to the coalition of CPA committees, and will take up discussion and votes at their next meeting March 7.

Town Meeting has the final say on all CPA spending, but they usually act as a rubber stamp for Committee recommendations.

 Little Red Schoolhouse will be demolished in May to make room for Amherst College $200 million science center

DUI Dishonor Roll

Amherst was fortunate again last weekend as APD only took one alleged impaired driver off the road. Since no female officers were on duty Amherst College PD sent one of theirs to assist with booking.

 Erica Wheeler-Perkins, age 52, arraigned before Judge Murphy

I overheard the shift supervisor alerting everyone as Ms. wheeler-Perkins, "was more than a handful" during the initial stop.

 Click to enlarge/read

In Eastern Hampshire District Court she was released on her own recognizance and will return for pre-trial with her own attorney on March 21.

Never Ever Punch A Cop

Cullen Driscoll, age 18, stands before Judge Murphy

So this mistake -- sucker punching a female officer in the face -- will cost Mr. Driscoll dearly.

Obviously UMass will bounce him for at least a year, and they don't give refunds for payments already made to cover this semester. 

 Click to enlarge/read

All because he can't figure out how to drink responsibly -- a trait he probably shares with all too many freshmen, away from home for the very first time. 

In Eastern Hampshire District Court on Monday Driscoll was assigned a public defender at a cost of $300 and his case was continued until March 29.

Party House of the Weekend

104 Belchertown Road

In Eastern Hampshire District Court yesterday all five bad boys took the standard deal:  Pay one of the $300 tickets (each) and stay out of trouble for the rest of the semester 




Click to enlarge/read

Drug Deal Gone Bad

William McKeown arraigned before Judge Murphy in Eastern Hampshire District Court

I just wish everybody showed this much interest when somebody is shot dead in Holyoke or Springfield, which happens all too often.  Turns out the handgun McKeown used was really a BB pistol but the charges still remain the same since even a BB gun is considered a "dangerous weapon."

   UMass Gun Incident by Larry Kelley

Hearing attracted local TV news and print reporters

Click to enlarge/read

Bomb Threat

APD on scene Amherst Regional High School 1:45 PM

 

Blarney Blowout Warm Up?

Townhouse Apartments, North Amherst 3:45 PM Saturday

Yes of course everyone both young and old should be able to enjoy a warm Saturday afternoon especially considering the Arctic like conditions we endured the previous weekend.  And nothing goes better with a warm day than a cold beer, or two.

But the problem lies in moderation, both in crowd size and number of beers.

The quad at Townhouse Apartments in North Amherst can  hold 1,0000 revelers.  On Saturday it never approached half that and Amherst police never received a complaint about the noise or activities of the crowd, so all ended well.

But all it takes is for one participant to throw a snowball which is answered by an empty beer can and some idiot throws a full can or bottle of beer.  Then it starts rained dangerous projectiles. Or someone in the middle of the crowd passes out from too much alcohol and AFD needs to get to them fast.

In 2013 AFD  needed to get to an overly intoxicated young woman in the center of the quad. The surly crowd responded by lobbing bottles, cans and chunks of ice.  APD made six arrests.  Of course the following year the weather was also nice and all Hell broke lose.  Police made 58 arrests.

Last year thanks to stern messaging from UMass, an expensive concert at the Mullins Center, and the presence of 225 police officers townwide, the Blarney Blowout was a non event.

So I expect this coming March 5th weekend to be the same.

But on any given weekend between now and graduation, when the weather is right, things can go south with the speed of a flying beer can.

By Any Other Name ...

Amherst College:  Named after the town, not the General

Amherst College history professor Kevin Sweeney gave a one hour presentation -- "Smallpox, Natives, and Jeffery Amherst" --  to a packed crowd at the Jones Library on Saturday afternoon to shed light on the history of small pox, which he concluded "seems to attract dubious stories".

So did General Amherst start on purpose a pandemic with a couple of infected blankets that spread small pox like wildfire among the Native American population?

 Professor Kevin Sweeney at the Jones Library

Standing room only crowd in the Goodwin Room

Well, no.

According to Professor Sweeney small pox had been ravaging the native North American population for a hundred years before Lord Jeffery Amherst was even commissioned.

The commander of Fort Pitt, Henry Bouquet, had first suggested to Amherst that he be allowed to use small pox as a weapon.  In a letter dated July 16, 1763 -- but only as a post script -- Amherst approves the concept.

William Trent, a local militia commander inside Fort Pitt, wrote in his journal on June 24, 1763 "we gave them two Blankets and an Handkerchief out of the Small Pox Hospital. I hope it will have the desired effect." 

Thus the deed was done three weeks before General Amherst gave his permission.

Trent's journal also mentions the return of the two recipients of the infected garments, Turtle's Heart and Mamaltee, a month later and both of them were in good health.  Small pox has an incubation period of two weeks.

Two settlers who had been captured by the warring tribes but managed to escape reported the small pox outbreak was devastating the Shawnee and Delaware in the spring of 1763, well before General Amherst and Colonel Bouquet had their small pox discussion by snail mail.  

Thus if Lord Jeffery Amherst were ever brought before a Nuremberg type trial for war crimes, aka biological warfare, he would most likely be declared innocent. 

Although that still probably would not make him worthy of being an "unofficial mascot" for the Amherst College sports teams. 
 

Lord Jeffery Inn:  Soon to be renamed (but not the College)

Downtown Development Do Over?

Archipelago paid $4.6 million for the Carriage Shops

One of the downsides of taking too long to break ground on your controversial construction project is the rules could change, kind of like moving the goal line during the Superbowl half time show.

Take One East Pleasant Street for instance.  The "mixed use" five story 84-unit project was expected to mimic the success of nearby Kendrick Place:  Mostly high-end apartments with a ground floor dedicated to commercial and space for bicycles and zip cars.

Kendrick Place dominates/anchors the north end of downtown

But Town Meeting this spring will be discussing two zoning articles that could retroactively impact One East Pleasant:  A Planning Board article describing more precisely what constitutes a "mixed use" building i.e. possibly requiring more square footage be dedicated to commercial.

And Vince O'Connor's citizens petition aimed directly at developers Dave Williams and Kyle Wilson requiring mixed use buildings be subject to the town's "Inclusionary Zoning Bylaw" requiring 10% of the units be "affordable."

The Planning Board will hold public hearings on both warrant articles early next month but both of those hearings have to be advertised in a local newspaper two weeks in advance.  On that day of publication the zoning would apply to One East Pleasant if later passed by Town Meeting in May, unless the developers receive a building permit.

Simply starting demolition of the former Carriage Shops is not enough.

 Amherst Carriage Inn:  state of the art hotel/motel (for the 1960s)

The ambitious project was approved by the Planning Board in December, 2014 but a lawsuit brought by a disgruntled competitor delayed things until mid-August when Judge Richard Carey punted it out of his courtroom .

The Special Permit was then  granted on August 14 and had another 30 days before legally taking effect.

 Firm agreement to repaint history mural also needs to be in place befor a Building Permit issued

According to Building Commissioner Rob Morra the developers then have six months to (significantly) act on that Special Permit, meaning a drop-dead deadline of March 14.  And there are still details to work out over asbestos removal and the repainting of the history mural.

Development in Amherst is never, never, never easy.  And if some Town Meeting members had their way it would never, never, never happen. 

   One East Pleasant, Amherst by Larry Kelley

Medicinal Pot vs Student Housing

55 University Drive bottom left, proposed housing across the street

Red lines indicated 300' reach

The Select Board may want to think about the "letter of support or non opposition" for a medical marijuana facility proposed at 55 University Drive since it could kill a proposed 32 unit apartment development directly across the street.

According to the recent Amherst zoning bylaw governing medical marijuana facilities there has to be a 300 foot buffer zone from apartments (unless they are located in a mixed use building).

The Planning Board is sponsoring a warrant article for spring Town Meeting to change the zoning on the 5.79 acre property directly across the street from 55 University Drive from Office Park to Business Limited, which would allow for the construction of badly needed student housing.

Building Commissioner Rob Morra confirmed, "As written the bylaw does not consider one use existing before the other."  In other words first come first serve.   And if you are a pot facility first, that means no housing will be developed within 300' feet of your front door.

The 300' buffer extends far enough into the open field across the street (which is already development challenged by wetlands) to make the proposed project unfeasible.

Thus a potential $7 or $8 million development, that would pay the town $150,000 annually in property taxes, is killed by a much smaller medical marijuana facility that will pay less than $20,000 annually.

So Amherst Select Board, what's more important?   Helping to ease the significant stress on our housing market -- while generating substantial tax revenues -- or providing a medicinal herb?

 Because of stringent bylaw exclusions University Drive is about the only place in town for a medical marijuana facility

Jumping The Gun?

Not until he hand in the proper paperwork

For the second time this week our local hometown newspaper has a front page above-the-fold story on something someone might do:  bring an article to Town Meeting.

And since it only requires 10 signatures to get ANYTHING on the warrant, not a very high bar to hurdle.  So yes, if someone tells you they are going to place an article on the spring warrant it's pretty easy to believe.

(At least the fall Town Meeting requires 100 signatures to grace the warrant.)

But what if they get hit by a PVTA bus or errant drone while they are out performing the arduous task of collecting those ten signatures?

Citizens have until February 29 to get the petition articles to Town Hall with the required signatures of registered voters.  So far seven individuals have taken out the proper paperwork from the Town Clerk, so it's a safe bet we will be getting a few returned with do-gooder intentions.

But I'm not going to speculate.  Especially on my front page.

DUI Dishonor Roll

Cars don't kill people, drunk drivers do

Let's hope this weekend continues to be a light one for drunk drivers.  Last weekend neither Amherst or UMass police had a single arrest.  Nearby Hadley, however, had one:

Click to enlarge/read

 Almost 2.5 times the legal limit

 In Eastern Hampshire District Court on Tuesday Daniel Tower, age 32, took a standard first offense Chapter 24D disposition

 Cost of a standard 24D disposition

Let There Be (lots of) Light

The solar array will take up about 8 acres of the 20 acre site

West Bay Road & Eric Carle Museum will be screened by dogwoods that can grow up to 12'

The Amherst Planning Board voted unanimously last night (6-0 with 3 absent) to approve a Site Plan Review for Hampshire College to construct a 2.55 megawatt solar array in a former 20 acre farm field off West Bay Road near Atkins Market, Eric Carle Museum and Applewood Retirement Community.

Since the Building Commissioner had ruled this energy operation was an accessory use to an education institute, the Dover Amendment would trump local rejection of the project.

But the Planning Board seemed impressed enough with the presentation so they probably would have endorsed it heartily anyway.

Nearby Orchard Valley resident John Boothroyd spoke loudly against the project questioning if solar really was carbon neutral and lamenting the loss of farmland and trees.  He also worried about glare endangering drivers along West Bay Road.

Developer Mickey Marcus assured the Board solar was more environmentally friendly with carbon savings (estimated at 2,000 tons annually) and that it's a myth solar panels cause glare saying, "They are designed to absorb sunlight."

This Amherst solar project combined with one in Hadley will provide the campus with 100% of its energy needs.  Construction is expected to take 3 to 4 months and will be completed by the fall semester.

And for the first time in its history Hampshire College will pay the town a Payment In Lieu Of Taxes over the solar project ($21,000 plus 2.5% annually for 20 years).  Although the house/barn at 1095 to the east of the project is slated for demolition.

 Farmhouse and barn east of solar project will be demolished soon

Hampshire  College bought the Ives Farm where the solar project will be located including the old farmhouse and barn over 20 years ago with the provision -- called a "life estate" -- Mr. and Mrs. Ives could live their until their deaths.  Both have now passed away.

Last year Hampshire College paid $6,377 in property taxes for the 1095 West Street property, but that  will go down substantially after the demolition (perhaps to zero).

Last year Amherst College paid us $130,000 in PILOT for the vital services of Amherst Fire Department, while UMass paid around $450,000 (for ambulance service).  Hampshire College paid nothing.

 Hadley solar array