An Interesting Question

The one question I would love someone to ask our half-dozen candidates for Ellen Story's 3rd Hampshire District state rep seat is how they plan to vote on the recreational marijuana ballot question this coming November?

3rd Hampshire District candidates debate last night

Interestingly at Monday night's Select Board hearing on the 4th request for a medical marijuana dispensary "Letter of Support", which took FOREVER, Happy Valley freely admitted they would love to pursue that market demographic.

But they were quick to point out their business plan showed they would be quite profitable with just the medical market (estimated at $10 million) as long as the Select Board issued them a Letter of Support like they did the other three.

Having made an effort to cover APD weekend arrests for drunk driving and OUI/drugs I have watched hundreds of arraignments and plea deals.

By far the main weapon used as evidence by the Commonwealth -- which borders on infallible -- to bring perps to a quick settlement (Ch24D deal) is the Breathalyzer Test for blood alcohol levels.

And thus far, there's no simple reliable such equivalent for marijuana.

Drone On

Downtown Amherst from 396 feet

The long awaited FAA rules for professional use of small unmanned aircraft systems aka drones will go into effect in late August.  The major concession that created a collective sigh of relief among us responsible users is loosening the silly requirement that operators have a commercial pilots license.

But additional training and certification in aeronautics is required, which is probably not a bad thing depending on cost of certification and degree of difficulty with the syllabus.

The other rules are pretty much the same as announced last year when registration was first required:  keep it under 400 feet, in visual sight and do not fly directly over large crowds.

Maybe when drones go mainstream -- if indeed they haven't already -- people will relax and realize what wonderful tools they can be.

My Facebook page threw up one of those "memories from last year" this morning as I was working on this article that showed me hand catching my baby after a photo shoot in North Amherst center done at the request of outgoing Planner Jeff Bagg (who took the photo).

Drone shoot for Planning Dept public hearing on North Amherst center realignment

A couple of weeks ago I covered the spectacular fire at Alpine Commons and specifically asked Assistant Chief Stromgren if it was okay to put my eye in the sky.

He not only gave me permission but brought it to the attention of Chief Nelson who came over and requested I get a better view of the roof, which was then belching smoke and flames from a fire that had too big a head start.

 Engine 2 (top) has high capacity water cannon at end of 75' ladder

Demonstrating his vast experience Chief Nelson almost instantly ascertained "the roof is gone" and pulled his firefighters out of the building.  Not much later a section of the roof collapsed.

He then sent me over to Engine 2 to show my live feed from above to better direct the 1,000 gallon per minute water attack.

Like any tool they can be misused.  When an irresponsible user crashed a Phantom 2 on the White House lawn the company upgraded their firmware to geofence Washington D.C. as they previously had done will all commercial airports so their drones will not even fly.

And their drones have a built in fail safe so if the battery gets too low or the transmitter control signal is lost it will use GPS to return to the original take off point, land and shut off.  Sort of like an intelligent boomerang.

So when you see someone controlling a drone on public property covering a public event do not come up to them and challenge them about a license or registration.  Chances are they have one.

I often wonder if those same people go up to a person who just parked their car at a public meter and ask them if they have a license to drive?

 Sweetser Park Amherst Community Band concert shot from APD front lawn

Last week I had two gentlemen challenge me while covering two different public events in the downtown, one of which I used the front lawn of the police station as my launch pad/control space.

"Are you registered to use that thing", he snarled.  "Yes", I responded.  "Do the police know you use that damn thing?"  "Yes" I responded.  He stormed off, obviously disappointed.

 Interim Chamber Director Jerry Guidera caught me covering The Taste of Amherst

Although I have to admit negative interactions with the general public are probably only one-in-ten, but those other nine enthusiastically asking questions while my bird is in the air are equally distracting. 

Leaving A Good Taste

Taste of Amherst looked good from any angle

According to Interim Chamber of Commerce Director Jerry Guidera this year's Taste of Amherst was about the best ever due to a combination of wonderful weather and a fine tuned array of offerings from all the food vendors as well as a live music and things for the young or young at heart.

Or maybe is was the full page ad in Hampshire Life using a cool background photo:

Either way, best of all (also weather related) our historic Town Common did not take a beating.

Town Common this morning

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

Fire Station/DPW Plan B

Fort River Elementary School

The current working plan involving three of the four upcoming major building projects is a bit like playing dominoes (or musical chairs):  The new DPW to be located at the town owned Fort River School, freeing up their former location for the new South Fire Station.

 Current DPW is located in 100 year old former Trolley building

Only problem is the Fort River School is still a (mostly) functional elementary school.

Should the $35 million or so Debt Exclusion Override for the new $65+ million Mega School pass Town Meeting this Fall and the voters at the November election the grand plan will be on its way.

Although it will take a few years before the new school is completed in two phases and construction can commence with the new DPW and then the new Fire Station.

But if those best laid plans fail to pass the first major hurdle of an Override vote this Fall both the DPW and Fire Station will have to find new site locations.  The DPW already did a feasibility study that concluded the Fort River School site was #1 but they also identified at least two other adequate sites:

 1) Ball Lane, North Amherst (former Matuszko Trucking)

2) Town land between Belchertown Road and Gull pond

Although the South Fire Station project is only now preparing to undertake a formal feasibility study, at least two sites have been mentioned as a possible location that falls within state guidelines for distance away from town center (so decrepit Central Station could be closed):

1) Slobody property behind South Town Commons, Pomeroy Village South Amherst

2) Town owned South Amherst Alternative High School, South East Street

Thus this coming Town Meeting will be critical in setting the stage for all four building projects which, all told, will cost over $100 million in town funding and should last a minimum of fifty years.

And Town Meeting will be under a microscope as the Charter Commission could propose a new Mayor/Council government, abandoning the 258 year old institution.

Circle The Wagons

Once bitterly opposed Butternut Farm (now not a peep)

Vince O'Connor, a North Amherst resident, used the public comment period at Monday night's Select Board meeting to serve notice the NIMBYs would not take a new mixed-use affordable housing project at the Mill District in North Amherst sitting down.

Although he was sitting when he delivered his warning.



A "friendly 40B" would allow Beacon Communities a little leeway in zoning regulations for a denser development in order for them to be able to afford having 25% of the units be, you know, affordable.

 Beacon Communities project would go on lot between Atkins Farm and Cowls Building Supply

And presumably they would do this all on their own dime rather than relying on town funding.

A few years ago we used $1.25 million in Community Preservation Act money to help Beacon purchase Rolling Green apartments thus keeping 204 units on the Subsidized Housing Inventory and keeping the town above the 10% threshold.

Otherwise we would now be below that state mandated threshold and Beacon could simply do a regular Ch40B development.

 Vira Douangmany Cage (far left)

At the 3rd Hampshire District candidates night on Wednesday Vira Douangmany Cage told the standing room only crowd she lives in Butternut Farm in South Amherst, and her family probably would not be living in Amherst if not for that affordable development, which was the result a "friendly 40B."

As usual that project was bitterly opposed by neighbors, causing a many year delay and $150,000 in additional legal expenses.

But I'm pretty sure Beacon Communities has a pretty good lawyer, or two.



 

Pot Of Gold? (Weed That Is)

Meadow St RMD site:  3rd to get SB approval but first to go before ZBA

The Amherst Select Board on Monday night heard from Temporary Town Manager Pete Hechenbleikner that the estimated medical marijuana market in our little college town is $10 million annually. 

Can you imagine what the market will be if pot is legalized this coming November?  Yikes!

No wonder the floodgates have opened for RMDs (Registered Marijuana Dispensary) trying to be first to market in Amherst.

 85 University Drive building now under construction 1st site to gain SB approval

Interestingly there's no particular economic benefit to the town if we have, say, four dispensaries licensed versus just one.  Because the Host Community Agreements call for a percentage of sales (between 2%-3%), thus Amherst will intake around $250,000 on that $10 million whether it's one facility or four satisfying the market.

Although some minor economic benefits occur with more than just one.  Each dispensary has to donate $20,000 annually to a public charity serving the town so four dispensaries would generate $80,000 per year.

 55 University Drive will require renovations 2nd site to gain SB approval

And the facilities are on the tax rolls so the valuation of those properties will probably go up thus generating more property tax revenues.

 Amherst Select Board Monday night Pete Hechenbleikner (center)

Andy Steinberg tried to get fellow board members to call a moratorium on new letters of approval although he was careful not to use the word "moratorium" as the town attorney already advised that would be illegal.

His concern is how many dispensaries are too many?

The Select Board has already approved three.  But fellow board members felt guilty about how much power they have over RMD approval:  A no vote summarily kills a project with absolutely no avenue for appeal.

Kind of like a Public School Superintendent issuing a stay away order.

 Rafters corner of University Drive/Amity Street 4th site to seek SB approval

The Select Board voted 4-1 to grant a hearing to the 4th wanna-be at their next meeting June 20th.  That particular proposal of course could endanger Rafters, a local legend.

The other major hurdle for RMD's is our Zoning Board of Appeals, and that hurdle requires a unaniomous vote of all three members.  And one critical provision they must ascertain is if the facility, "Meets a demonstrated need."

With that in mind #4 on the list could be in trouble.   Although ZBA decisions can be appealed.

A Tree Survives In South Amherst

666 South East Street Amherst

20.5" White Oak (yellow caution tape around it)

The controversial but statuesque 20.5" White Oak at the crest of a dangerous hill on South East Street that has been somewhat on death row for three years has been given a stay of execution.  Permanently.

Homeowners at 666 South East Street first came into conflict with the Tree Warden and Shade Tree Committee when they wished to remove 7 trees in front of their house for a new driveway relocation.

Mickey Rathbun, Chris Benfey, 666 S.E. Street homeowners

But Tree Warden Alan Snow deemed the trees healthy, and required tree replacement costs of $6,000 which then made the driveway project cost prohibitive.

Back in early April this nearby oak was the subject of a death penalty hearing at Planning Board Scenic Roads Public Hearing as the original hearing for the driveway brought up overall safety concerns. 

The DPW decided to remove the white oak as a hazard (blocking sight lines) to the homeowners current driveway from cars speeding along South East Street.

The Planning Board agreed to removal in a 5-4 vote, but Tree Warden Alan Snow and the Public Shade Tree Committee strongly disagreeing with removal.

And since one member of the general public requested in writing the saving of the tree, the case was then automatically sent to the Select Board for final adjudication.

   Oak Tree In S Amherst Saved

On Monday night (very late into the meeting) Temporary Town Manager Peter Hechenbleikner told the Select Board that the owners of 666 South East Street had withdrawn their removal request.

Somewhere in the distance, a Lorax rejoiced.

To Dream The Impossible Dream

Engine 1 is a tight fit at 85 year old Central Station

The first significant progress in fifty years towards constructing a new South Fire Station occurred yesterday with two (5-0) unanimous votes of the DPW/Fire Station Advisory Committee.  Please excuse my Irish/Catholic roots: Thank God!

1)  Request Town Manager assign town staff member OPM for  (Owners Project Manager) for Initial phase fire station feasibility study.

2)  Request Town Manager to assign a town staff member to draft an RFQ (Request For Qualifications) to conduct a fire station feasibility study.

Proposed timeline for completing these two requests is by their next meeting June 30th.

RFQ released by July 29.  Committee will meet August 19th (due date for RFQs)  to review responses and select finalists who they will interview publicly.

 Millions of dollars of equipment stays outdoors at 100 year old DPW facility

Complete selection by September 1st and open price proposals.  Need dollar amounts for Fall Town Meeting by September 30th, combined with schematic design phase for DPW.

The DPW project, like the Jones Library expansion and new $65 million Mega-School, is further along than the Fire Station project, having already completed the initial feasibility study.

One of the main reasons the DPW Fire Station Committee was created is because these two projects have thus far been the red headed bastard stepchild of the four major projects that will exceed $100 million in town money.

The committee is tasked with not only coming up with efficient buildings in the right place that will serve these two departments for the next 50 years, but to also educate the public on their dire need.

I asked Chief Nelson after the meeting if he saw the unanimous votes as real progress?

"It was the long way around the barn, but it is real progress."

AFD Chief Tim Nelson (standing) Assistants Chiefs Linday Stromgren (right) Don McKay (left)

Official request to Temporary Town Manager

Long Distance Runaround

Charter Commission Vice Chair Mandi Jo Hanneke before Select Board

Charter Commission Vice Chair Mandy Jo Hanneke received a rather cool reception Monday night from the Amherst Select Board, keepers of the public way and guardians of "remote participation."

Unlike the Regional School Committee that adopted the common sense practice almost two years ago the Select Board looked at it four years ago when technology was perhaps not as reliable and never formally adopted the measure.

Amilcar Shabazz remotely peering over Maria Geryk's shoulder February, 2015


And without Select Board approval no boards or committees are allowed to grant any member who can't make a meeting due to illness or geographic distance the courtesy of Skype, Facetime or simple long-distance speaker phone participation.

Ms. Hanneke threw in everything but the kitchen sink telling SB that maybe more people would volunteer for these boards and committees if remote participation was available,  while pointing out the (18 month) "extremely condensed timeline" the Charter Commission has for coming up with a new form of government.

And although the 7 meetings so far have had perfect attendance of all nine commissioners, the next six meetings scheduled over the summer will not.

The Select Board decided to task Temporary Town Manager Pete Hechenbleikner with coming up with a research "white paper" on remote participation to present at their July 18th meeting.

And he will, of course, have to do it in person.



Library Trustee Carol Gray, looking like a zombie, peeks in to a Jones Library Trustees meeting from Egypt courtesy of Skype on Mary Streeter's mac laptop five years ago 

Changing of the Guard

Regional School Committee Laura Kent, center

The Amherst Pelham Regional School Committee "reorganized" last night unanimously ousting outspoken (almost) two year Chair Trevor Baptiste from Pelham in favor of Amherst rookie Laura Kent who was only elected to her Amherst School Committee seat ten weeks ago.

The Region consists of four towns -- Amherst, Leverett, Pelham, and Shutesbury -- but Amherst provides 80% of the students and funding so Amherst representatives make up 5 of the nine Regional School Committee seats.  Their budget this year is $30 million with a per pupil cost of $20,000.

Pelham School Committee Trevor Baptiste center

Apparently Mr. Baptiste's latest faux pas was to allow Public Comment on the Aisha Hiza affair at the April 12th meeting where community members and fellow ARHS grads read aloud a letter of support demanding due process over a stay away order issued to her on March 15th by Superintendent Maria Geryk.

Since that restraining order encompassed not just Pelham, where Miss Hiza's young daughter attends elementary school, but the entire Region -- social justice advocates figured they had a perfect right to bring it to the attention of the Regional School Committee.

Interestingly last night's Public Comment was dominated by highly paid school administrators singing the virtues of Superintendent Maria Geryk.  

The sad story has since taken on a life of its own, generating heated comments on social media, newspaper editorials and providing yet another distraction from the core mission of our public schools:  education.

DUI Dishonor Roll

 

The rate of drunk driving is highest among 26 to 29 year olds (20.7 percent)

Another late spring weekend and another couple of impaired drivers taken off the road by APD.

And since they both agreed to take the legally admissible breath test they will need to hire a very good lawyer ... or a magician.

Youssef Elghorf, age 25, will hire his own attorney and had his case continued to next month

Katelyn Demers, age 26, will hire her own attorney and had her case continued to next month 

Click to enlarge/read