Damage Assessment

 Heavy machinery and wet logging roads do not mix

The Amherst Conservation Commission and wetlands administrator Beth Willson took a guided tour -- otherwise known as a "site visit" -- this morning, led by environmental consultant Tony Wonseski to assess the damage caused by a subcontractor's heavy duty drilling machine in and around wetlands on the proposed site of the controversial "The Retreat" student housing development.

Tony pointed out seven impact areas in total but only five seem to require remediation, although that will be up for discussion at tonight's Conservation Commission meeting.

 One of the less damaged sites

And some of the damage could also have been caused by ATVs or other equipment not associated with Landmark Properties.  Anytime site work is performed anywhere near a wetlands the Conservation Commission should be notified in advance to allow their input.

 One of the more damaged sites

The damage was only recently discovered.   Landmark immediately reported it and they have already done stabilization work around the intermittent streams.

Tonight they will present plans to avoid a future recurrence, one of which is to have an environmental expert on site whenever work is being performed next to wetlands.

 

Biodegradable stabilization bales

Tony pointing out another less damaged area

One of the test drill sites

Damaged area along power line access road

Occupy School Committee

40-50 people attended tonight's Regional School Committee meeting 

So just to give you a brief idea of how tonight Regional School Committee meeting went I give you the start of the "public comment" period where newly elected RSC Chair Lawrence O'Brien went back to a policy of only 15 minutes total with 3 minutes assigned to each of five speakers.

 Two very large doomsday clocks counted down the three minutes

That did not go over very well.  At all. 

The Public  Comment period started at 7:20 PM and the "15 minutes" ended at 8:00 PM, when the Committee retreated into Executive Session but will come out in the next hour or so.  Maybe.

S

Vera Douangmany with 20 supporters addresses committee for 3 minutes

Sonji Johnson-Anderson:  "One of our own suffered great harm this year ..."

9:30 PM Activists got tired of waiting for the School Committee to come out of Executive Session so they arranged chairs in a circle and started their own "Democratic Community Gathering" in the back of the room.

Important Planning Hire

 147 acres of woodland under purchase and sale agreement for $6.5 million

Last week the Amherst Planning Board voted unanimously (5-0 with 2 absent) to hire Fuss & O'Neill as their go to person for helping sort out all the planning issues associated with the largest and most expensive rental housing construction project in well over a decade, The Retreat in northeast Amherst.

A hiring committee consisting of two Planning Board members and four full-time professional town planning staff made the recommendation for Fuss & O'Neill over two other applicants.

The "scope of work" clause gives an ambitious time table, with a preliminary report within 30 days of starting and a final report 30 days after that.

As soon as Landmark Properties cuts a check for $20,700, the clock starts ticking ...

A Singular Achievement

ARHS graduate Dylan Akalis receives diploma via Holyoke School Committee member Erin Brunelle yesterday in the backyard of this grandfather's house

As graduation parties go it was all wonderfully typical:  Proud parents, lots of extended family, friends, classmates;  well wishers both young and old, with enough variety of race and ethnicity to make the United Nations proud. 

But the b-i-g difference is this party started before the diploma was issued, with the party's guest of honor the only person present in a cap and gown.   And the person who handed him his hard earned diploma was indeed a public school official, but from another city.

Yes for Dylan Akalis it's been an up and down senior year, but the final outcome -- graduating from Amherst Regional High School in spite of being banned from the June 6 graduation ceremony at the Mullins Center -- was still sweet.

Dylan you may remember was bullied by three black youths (physically assaulted by one of them) for use of the supposedly hip version of the N-word to congratulate a black friend for a stellar basketball performance.

School officials did nothing to stop the harassment, so in self-defense Dylan anonymously posted to a Facebook confessions site a threat about bringing a weapon to school.

As a result the High School was closed for a day (even though authorities identified Dylan many hours before the start of the school day) on Monday, January 27th.  Dylan was handed a 12 day suspension for use of the N-word and invoking a weapons threat.

Most hurtful, however, was the erroneous allegation that Dylan was a racist. 

Feeling betrayed by the Amherst schools the family kept Dylan out for the rest of the year, assuming since he had enough credits Dylan would be allowed to graduate and march with his friends at the graduation ceremony.  Wrong.

Amherst school officials did say they would send a high ranking administrator to the planned June 22 party to officially hand him his diploma.  So that was something.  Sort of.

But when Superintendent Maria Geryk fired Dylan's dad a few weeks back for using the common electrician term "master and slave units" in front of a black school employee, Dylan decided he wanted nothing more to do with Amherst school officials.  Ever.  

Thus no official representative from Amherst Regional Public Schools attended the Sunday graduation celebration.

Too bad, because they could have learned a thing or two about family values. 

A Little Inadvertent Damage

Intermittent stream stabilization work performed on Friday at the proposed site of The Retreat

Landmark Properties will appear before the Amherst Conservation Commission on Wednesday to explain the minor damage that occurred near sensitive wetlands on the expansive property they are currently prepping for a major student housing development, The Retreat.

At the contentious May 29 Conservation Commission meeting, a room full of unfriendly neighbors took pot shots at the proposed development by way of environmental concerns.  They even questioned the work ethic of some of the environmental consultants hired by Landmark.

 ConCom hearing 5/29/14

So after the meeting, two of the experts who did the environmental investigation went back out to the site packing a GPS system to double check their previous field work.  They discovered recent damage that was not present on their original walk about last Fall.

Apparently a sub-contractor performing a geotechnical investigation got a little to close to a couple of streams with heavy duty drilling machinery.

 Logging roads wind their way through the extensive woodlands crossing streams

To their credit, Landmark Properties immediately "self reported" the unfortunate incident to wetlands administrator Beth Wilson.  She passed it along to the Conservation Commission, who then issued an "Enforcement Order" to come before them to explain how the incident occurred and plans for restoration of the damaged area, which Landmark Properties is anxious to share.

And yes, they have already enacted safeguards to ensure the problem does not reoccur.

Not exactly a "babbling brook," but an intermittent stream nevertheless

Last Chance For Foodies

Taste of Amherst Saturday 6:00 PM

Today (noon until 4:00 PM) closes out perhaps the best four-day run ever for the Taste of Amherst -- at least as measured by oftentimes finicky New England weather.

And with outdoor events like the Taste, weather alone is a make or break proposition.

In addition to the free trolley maybe the Chamber of Commerce hired a witch doctor to do a marathon sun dance. 

Farmers Market also packed them in on Saturday

Organizers were not overly pleased with the location chosen by a food cart early Saturday afternoon directly across the street.

But when APD tried to move them, turns out their town issued ($100) permit did not contain a "do not compete" with the Taste clause. 

Food Carts have never been overly popular with bricks and mortar restaurants in town

Coulda' Been a College

 

Cowls Tree Farm northeast Amherst

W-A-Y before signing a $6.5 million purchase and sale agreement with Landmark Properties for 147 acres of woodland now destined to become The Retreat, a high-end student housing development, the W.D. Cowls company offered to donate the land for a proposed new unnamed college that seven years later materialized in South Amherst as Hampshire College.

Yes even back in 1958 the property was ripe for development.  Today Hampshire College hosts 1,400 students -- or twice the number of the proposed Retreat, with 641 total tenants.

When You Build It

Excavation work for Kendrick Place @ 57 E Pleasant Street has commenced

It may not look like much at the moment but after Kendrick Place is completed it will be an unmistakable anchor for the north end of downtown Amherst.

The LEED certified mixed-use building will tower five stories (in Amherst, that's a tower) and contain 36 units of high-end apartments over four floors with the ground floor set aside for retail.
  

Archipelago Investments, LLC has already built a similar successful project dead in the center of town, Boltwood Place.

Last month Amherst Town Meeting voted down a simple easement request for the abutting intersection at Triangle and East Pleasant Street, which is required if the town chooses to install a state financed roundabout at that busy intersection.

The NO vote was a thinly disguised NIMBY payback for the Planning Board allowing Kendrick Place and Boltwood Place to be approved without requiring on site parking for tenants, and allowing the projects to go forward with no "affordable" units in the mix.

The town is currently teetering on the brink of falling below state mandated 10% threshold of Subsidized Housing Inventory thus opening up the possibility of a Ch40B mega-development coming to town. 

Mythbusters like roundabouts

A survey contractor measuring the intersection earlier this month

Can You Hear Me Now?

Jones Library this morning

After an outage of four hours and forty three minutes due to server issues the extensive downtown public wifi system is back up and running. 

This total outage was only the second time in six years the system went down, with the first time being the notorious 2011 Halloween snowstorm that knocked out power to the entire town.

Fortunately Amherst Town Hall now has a generator.   So if another major power outage should occur, the Internet around Town Hall, Police headquarters and Central Fire Station will stay up. 

No Rest For The Weary

Bangs Community Center this afternoon

So unlike the stones left atop Miss Emily's gravestone in historic West Cemetery the recent jagged rock stone installation atop a stone wall at the Bangs Community Center is not a sign of love and respect.

More like a "Keep out" sign.

Yes loitering teen-agers with time on their hands or the homeless can be a bit of a pain -- especially since the Bangs Center houses our Senior Center.

But seriously, what's next: electrified barbed wire?

When I contacted Ron Bohonowitcz, Director of Facilities for both town and schools, to inquire about the recent installation it was the first he had heard about it.  A few minutes later he emailed me back to say it would be gone soon.

Sure enough  6:00 PM Bangs Community Center

Trinkets adorn the top of Miss Emily's gravestone

The Atlantic Reports

Here Comes The Taste (du du du du)

Taste of Amherst setting up Thursday morning

Probably the only event on the Amherst town common that generates more traffic than the Extravaganja pot festival, the Taste of Amherst is a fun, family oriented festival that brings many thousands of visitors to our fair town over the next four days.

Organized by the Amherst Chamber of Commerce and Business Improvement District with iconic century old Atkins Farms Country Market as main sponsor, the taste becomes a showcase for the 21 participating restaurants who hope a taste here and there leads to a longtime customer over the rest of the year.

The food extravaganza opens tonight at 5:00 PM until 9:00 PM, Friday 5:00 PM until 10:00 PM, Saturday noon until 10:00 PM and Sunday noon until 4:00 PM.

 6:00 PM

 

Business Improvement District free trolley doing its thing

Blarney Still Blowing

March 8, 2:15 PM Fearing/North Pleasant Street intersection

As the world -- or at least our little part of it -- anxiously awaits the release of the $160,000 Davis Report to ascertain what went wrong with the Blarney Blowout (besides everything), the throng of college aged youth arrested that despicable day are still appearing in Eastern Hampshire District Court, one on Monday and another on Tuesday.

 Jared Dawson, left, expensive attorney, right

On Monday Jared Dawson, age 21, had a brief pre-trial hearing with both his dad and a fairly expensive looking lawyer present.  Probably because of the severity of his charges: disorderly conduct, resisting arrest, assault and battery on a police officer, inciting a riot.

His case will go to trial and it's been scheduled for July 30.

Page 2 continues:  tucked his arms into his chest so he could not be handcuffed.

On Tuesday Judge Payne disposed of another Blarney Blowout case, that of Samuel Douglas, age 21, in what seems to be usual plea deal:  $200 restitution to the town of Amherst, 20 hours community service, $200 probation fee and a letter of apology to APD.

 Samuel Douglass, age 21

A pretty good deal considering he was charged with failure to disperse, inciting a riot, and disorderly conduct.  But not assault and battery on an officer, which seems to make a major difference -- as well it should.

The One That Got Away

Attorney David Mintz did all the talking for client Jesse Bollinger (seated)

In a bench trial this morning Judge John Payne found Jesse Bollinger, age 29, not guilty of driving under the influence, 2nd offense.

He was arrested back on Easter Sunday early morning by APD officer Rita Contardo after she noticed his front headlight out and when pulled over he exhibited the strong "order of alcohol, bloodshot eyes and slurred speech."

In other words, the usual traits that gets you out of the car performing a Field Sobriety Test. He also admitted to having just consumed alcohol.

 Jesse Bollinger did not take the stand to testify

On the Step Test, where you have to take nine strait steps heel-to-toe while saying each step aloud, he missed on step #4 -- leaving a one inch gap -- and step #7 where his heel came down on his other foot.

And on the return trip he made the same type of mistake with one step.

On the One Leg Stand, where you lift one leg, point your toes and count up from one one-thousand, he had to use his arms for balance and touched down at 18.

He also raced through the alphabet (although correctly) in a mumbling manner.

After the brief trip back to APD for booking the officer noted her cruiser was left with the odor of alcohol and even after the booking process the room was left with the distinct smell of alcohol.

Defense Attorney David Mintz rattled off a series of questions establishing that there was no indication of impaired driving after the officer followed his client for about 200 yards.  He also asked if police tend to look a little harder for drunk drivers just after bars close, to which she responded, "yes."

As for the FST's Attorney Mintz told Judge Payne that officer Contardo was a "hard grader" and he would not want to have her for a school teacher.  Because only faltering on 3 of 18 steps was close enough.  And the smell of alcohol does not precisely indicate how much you have had.

Judge Payne agreed that she's a "hard marker" and that the mistakes exhibited on the 9 step test were "not significant."  And since she did not give him explicit instructions about reciting the ABCs it doesn't matter that he quickly mumbled them. 

Since a guilty finding requires "proof beyond a reasonable doubt" Judge Payne found the prosecution did not meet the burden of proof.  Without missing a beat, Attorney Mintz then asked the judge to sign a motion for reinstatement of his client's drivers license.

Of course the one telling piece of evidence not presented to the Judge was Mr. Bollinger's refusal to take the breath test back at Amherst police headquarters during the booking process.  State law says you cannot use the refusal to take a breath test as evidence at trial, but the act of refusal instantly garners a six month license suspension. 

In this case the refusal paid off for Bollinger as he now gets his license back less than two months after losing it for refusing a breath test that would have given solid evidence one way or the other for the serious charge of drunk driving.

The state needs to close that loophole. 

Major Gas Leak

Mass Ave blockaded in front of Whitmore Building

Amherst and UMass police have blocked off roads in and around the UMass ROTC building off Commonwealth and Mass Avenue for a large gas leak, while AFD Engine 1 and Engine 4 are pumping water.

 APD closed off Sunset Avenue by Southwest Towers

At 4:00 PM Dispatch toned out for "all AFD personnel report to your stations" as the explosive situation, which was first reported around 1:50 PM, was still not under control.  

 

AFD Engine 1 laying a water line at Berkshire Gas request near UMass ROTC building 

A large backhoe tries to move the smaller backhoe that hit the gas pipe

UPDATE:  5:30 PM

Many construction workers still on scene

Crisis over.  Whew!

The uncontrolled leak is now shut off but the damaged pipe not fully repaired, so Berkshire Gas customers will be without gas for a while longer.

Pay Me Now Or ...

641 Main Street

Building Commissioner Rob Morra has entered a final phase for rolling in the Rental Registration and Permit Bylaw set to the tune, "No More Mr. Nice Guy."

The law was overwhelmingly passed by Amherst Town Meeting last year and went into effect January 1st.  It requires all rental properties to register with the town, pay $100 annual fee, and fill out a check list verifying adherence to basic health safety regulations.  

Out of 1300 rental properties in town that come under the ordinance only 32 have failed to comply.  As of May 30th the lower 13 properties on the list (below red line) have been issued $100 per day fines.  Yes, that's the total annual cost of compliance now paid PER DAY.

Already the town has received $1,500 in fines, and for those who refuse to pay the fines complaints will be filed in District Court at the end of this month.

The top 19 properties (above red line) will be issued $100/day fines starting this week as their deadline to comply was Friday the 13th.  Bad luck for them, good thing for the town.

 Click to enlarge/read

DUI Dishonor Roll

 Chris Boyle standing before Judge John Payne this morning

As you can tell from his Twitter feed Christopher J. Boyle, age 59, is somewhat the beer connoisseur.  Too bad he doesn't subscribe to the common wisdom, "all things in moderation."

Acting on a good Samaritan cell phone tip of an "erratic operator," Amherst police pulled over Mr. Boyle near the Dunkin' Donuts on College Street just after he drove through the heart of a busy downtown Amherst Sunday evening, Fathers Day, about an hour before sunset. 

The civic minded witness stated Boyle was swerving over the yellow lines while passengers in his vehicle were throwing beer bottles (Heineken's) out the window.  He was arrested for DUI and drug possession.  His third offense for drunk driving.

In Eastern Hampshire District Court this morning Judge John Payne entered a "not guilty" plea and continued his case until July 21 .  He was released on bail with a provision (enforced by testing) to stay away from alcohol.