Banned in Amherst

Probably the #1 purveyor of expanded polystyrene in Amherst, but America runs on it

 UPDATE Wednesday morning:  As Brookline goes ...

Based on a distinct lack of pre-Town Meeting buzz, I feel safe predicting the request for a ban on expanded polystyrene by the Recycling and Refuse Management Committee (article #9) will easily pass our esteemed legislative body, especially since it only require a majority vote.

Perhaps another reminder of how hard it is to get zoning items passed that also benefit the general public at large but may, in a narrow sense, inconvenience a few neighbors. A two thirds vote is a very high hurdle.

And it's not like Amherst government is leading the charge on this issue as the majority of impacted businesses and our institutes of higher education have already ditched expanded polystyrene.

A far cry from a dozen years ago when the Amherst Board of Health started the 'Smoking Ban in Bars War', a huge controversy that played out for a year, and is now so completely accepted statewide that most people forget what an epic battle it was.

My farmer friends would probably describe this current ban as "locking the barn door after the horse is gone," or my more colorful air force friends would dub it a "milk run". 

DUI Dishonor Role

 Carnage caused by alcohol 

Only one DUI to report over the weekend, an almost record low. But drunk drivers are like encephalitis infected mosquitoes: it only takes one to ruin your life or that of friends, family or loved ones.

Around 1:00 AM early Sunday morning an improperly parked vehicle along Boltwood Walk in the heart of the downtown business district (close to all the bars) attracted police attention, thus giving the officer probably cause to question the parked driver. 

The occupant "displayed signs of impairment" and she was given a Field Sobriety Test, which she failed, capped off by a Portable Breath Test (not admissible in court) reaffirming impairment with a .142% Blood Alcohol Concentration.  Later, back at the station -- only a couple hundred yards away -- she blew a .126% BAC, or .08, on the more accurate Breathalyzer machine that is admissible in court.

Arrested for DUI:
Kristen Gargiulo, 286 Sunset Avenue (UMass dorm), Amherst, age 20,

Free $ No More

 Pine Street, North Amherst center

The town seems to have hit a dry spell acquiring Other People's Money for expensive infrastructure improvements.

First it was Community Development Block Grant funds from the federal government, a cool million no longer coming our way; and now the state has passed over a $4 million MassWorks Project proposal to upgrade North Amherst's Pine Street roadway, including water/sewer and sidewalks.

"Economic development" is one of the main criteria for MassWorks approval. Last spring, fearing more student party houses, Amherst Town Meeting vetoed the smart growth rezoning proposal for North Amherst.  Only months later, the town applied for the ill fated MassWorks construction grant. 

Now just another concrete casualty of rowdy student behavior.

Party House of the long Weekend

 233 East Pleasant Street, Amherst

Unseasonably warm weather and a long holiday weekend (at least for UMass students) combined to keep the party level high enough to attract late night police response to a number of locations around town, one of them at 4:19 AM this morning.

But only one house was bad-boy enough to garner an arrest, rather than verbal warning or civil infraction $300 ticket. Late Saturday night (11:30 PM) police were called to 233 East Pleasant Street, immediate neighbor to the town owned Hawthorne Farm, for loud music and college aged kids milling about the well-traveled road just outside town center.

Between 100 and 200 guests were cleared out by multiple responding units but party house host Michael Vuona, a UMass student, was nothing if not uncooperative, attempting to pull away from an officer. Police also confirm a "live DJ" was present contributing to the noise problem, although no word if it was former UMass student, Party Poster Boy, Peter Clark.

Michael Vuona, 233 East Pleasant Street, Amherst, MA, age 22. Arrested for Noise and Resisting arrest.

About a half-hour later police responded to 338 Pine Street called by a nearby neighbor who reported to dispatch they had just counted "11 taxis dropping off students." Upon arrival police were asked by tenants for help clearing the party explaining that a simply birthday party had suddenly grown exponentially and gotten out of their control.

Because the party hosts were proactive (albeit last minute) and cooperative, police issued a verbal warning only.

A 21-year-old resident of 260 Grantwood Drive (who actually gives his legal address as so), however, garnered a $300 noise ticket after police found him and some friends loudly playing "beer pong" on the screened in porch at 4:19 this morning.

Police also paid multiple visits to houses tucked along South Prospect Street as they have done on previous weekends. In fact, an officer, as part of "community policing" visited a neighbor earlier in the day to hear her complaints about noise coming from #37. She has a small child and the late night decibels are playing havoc with sleep patterns. Sure enough, late Saturday (11:24 PM) police issued a warning to #37 South Prospect for loud noise.

The previous night police issued three residents of #55 South Prospect Street $300 noise tickets.

Killer on the road

Roadside memorial for Daniel Haley., Rt 116 northbound Hadley/Amherst line, parallel to UMass football stadium

Since his assailant was going the wrong way on a state highway and he was only a few miles from his Amherst apartment after a long late-night motorcycle trip from Pittsfield, it's safe to assume they were both going at least the 55 mph speed limit.

When he initially spotted her bearing down he may have assumed it was just an optical illusion -- that she was actually in the southbound lane where she belonged.  After all, who would anticipate a car going the wrong way on such a well marked, well maintained divided roadway, on such a clear night?

And in that split-second realization a high-speed missile was indeed locked on him, maybe he thought the UMass exit -- only a few hundred yards ahead -- could provide safe haven.  But two objects hurtling towards one another leaves little time to carry out a deliberative decision.

Whatever desperate evasive maneuver taken by Daniel Haley, age 24, it was not enough.  He was killed instantly, only a month before his scheduled UMass graduation.  By a drunk driver.  Worse, and all too typical, a repeat offender:  Brittini Benton, age 23, of Sunderland.

In a judicial review of 57,000 DUI cases spanning four years, sparked by a Boston Globe Spotlight team expose on leniency towards drunk drivers in Massachusetts, an independent special counsel found juries acquit drunken driving cases over half the time (58%).   But judges in similar situations (where a defense attorney has waived the right to jury trial) acquit a whopping 86% of the time!

In Massachusetts a driver can refuse a breathalyzer test without penalty of a license suspension, if they are later acquitted of the drunk driving charge.  And in the absence of concrete scientific evidence provided by a breathalyzer, that acquittal, sadly, is more likely to happen.

Allowing careless potential killers back on the road. So once again, sweet family will die.

Thank You!

These colors require constant vigilance.  Our Veterans make it so

Coming Home

 Amherst College Homecoming this weekend

I was meaning to write one of those milestone remembrances last week as I hit one million page views -- the highs and lows over six years of blogging -- but then Frankenstorm came calling and I had to live in the moment for a few days.

One very low story that haunts me to this day was the sudden death of promising young Amherst College student Jenny Kim; "sudden" being a euphemism for suicide. I still get a few web searchers coming here every week as a constant reminder.

Now I have another name that will haunt me for a very long time, probably forever: Trey Malone.

Trey too was a promising student attending Amherst College -- and like Ms. Kim he took his own life.  Unlike Jenny Kim, we now know why he took his own life.  I'll let him speak (for the final time) but provide no follow up.

I'm left speechless.

(read at your own risk)

Trey Malone's final dispatch