A Stand Up Act

 College Inn Apartments, East Amherst

Since I have never said anything nice about this major absentee landlord, and property manager to other less than sterling Party House owners, I guess that makes the following tip of the hat a man bites dog story:

Eagle Crest Management, owner/manager of College Street Inn, tipped the Amherst Police Department that domestic violence was taking place in one of their apartment units.  Back in October Police arrested Timmy Shawn McGough, 10 Belchertown Rd #1, Amherst, MA, age 40 on charges of Asault and Assault-and-Battery 2nd offense.

And yes, that is two times too many.

Expensive Losses

UMass McGuirk Stadium (pre-expansion)

Hard to say if the initial 12 game football season that resulted in 11 losses made a major difference in the whopping financial losses this year for UMass football, but it certainly did not help.

At $8 million dollars in red ink (at least it's somewhat in the spirit of the holiday season) that comes out to $727,000 in losses per loss.  That a lot of loss.  Not to mention the hit Amherst businesses have taken ("intangible costs") now that "home" games are 100 miles away.

Earlier this evening the UMass Faculty Senate barely beat back a challenge from members wishing to vote on an motion to have the flagship University football program withdraw from the Mid-American Conference (MAC).  The motion required two-thirds support just to get to the point of being allowed on the floor for a discussion and vote, but failed.

Only narrowly, however, as it received 60% support.

While the Athletic Department only wants to acknowledge $715,068 in losses due to lousy attendance, the watchdog Ad Hoc committee casts a wider net, bringing up all the hidden costs.  Advertising alone was another $700,000 -- all of it paid for by External Relations using taxpayer money.

Throw in the $2 million for renovations to McGuirk Stadium, and Title 1X mandated gender equity scholarships of $260,105 plus the original FY13 Football budget of $7,160,339 and your grand total comes to just over $10 million spent on BIG time football.  Offset by gate receipts and sponsorships of almost $2 million, leaving a loss of $8,220,461.  On a football team with a 1-11 record.

Or ... many, many scholarships for a bevy of deserving students -- the serious ones who keep partying to a minimum.

The Boston Globe reports

Better Red

South Amherst Common Christmas, err, Holiday Tree

DUI Dishonor Roll

Late Friday into early Saturday seemed to be the bewitching hours for all things alcohol in our about-to-become-quiet-little-town this past weekend. Starting with somewhat the sacrilege ... although compared to our two DUI offenders, harmless enough I suppose.

At 11:44 p.m. (Friday) police observed a male party, ETOH (drunk), urinating on the fence along the Emily Dickinson Homestead on Main Street just down the road from APD headquarters. The perp was "apologetic for his actions" and sent on his way.

At 1:42 a.m. (Saturday) dead in town center, between the Central Fire Station and Antonio's Pizza, a dangerous driver was stopped after failing to yield at the intersection.  That infraction led to a Field Sobriety Test and the follow up charges of DUI, alcohol in vehicle, and possession of an open container:

Kelsey Schmidt, 36 Spinnaker Street, Sandwich, MA, age 21, UMass student

At 2:22 a.m. soon after police had broken up a loud party of over 100 people, with 50 cars parked along Stanley Street, one of the vehicles was facing east in the westbound lane and backing up.  Arrested for DUI, operation to endanger/reckless driving, and marked lanes violation:

Deshawn Townsend, 13 Ames St, Dorchester, MA, age 22, UMass student

AFD weekend runs with usual assortment of ETOH (drunk)

A Civil Offense

UPDATE: 1:30

According to my friends at MassLive the driver of the car was Nikhal P. Kapur, 32, of 13 Ware St., Cambridge,  who was issued a citation for failure use care in starting and failure to stop for a school bus with its red flashing lights illuminated.

#####

This morning when I drove to Crocker Farm Elementary School to drop off my two daughters, co-Principal Derek Shea was in the parking lot directing traffic.  The horse shoe paved road/parking lot directly in front of the main entrance is always barricaded off a short while before-and-after school starts to accommodate all the buses.

It can be a tad confusing for distracted drivers who arrived in a hurry just before the buses line up ...

 Crocker Farm Elementary School main entrance

At the Amherst Police Department briefing this morning  Detective Richard MacLean said stoically, "There is nothing more to be released on that," referring of course to the Amherst school child hit by a driver who went around a stopped bus with its flashing lights on.   But he did say something may be forthcoming from the District Attorney's office later today.

Well, no.

According to Mary Carey, the DA's Communications Director, since the infraction was civil rather than criminal, and the driver only received a ticket, the DAs office will not be involved. Thus the name of the driver is not necessarily a matter of public record, and will only be released at the discretion of the Amherst Police Department.

So what I can tell you from police logs is this:  The reporting party who called 911 first reported it as "child hit by school bus."  The initial cruiser was dispatched at 14:44:21 (almost 2:45 pm), and arrived on the scene at 14:49:00 (about four and a half minutes later) and cleared the scene at 15:15:22 (roughly 25 minutes later).

The vehicle involved was not a big yellow school bus, but a blue 2012 Mazda.

I can also tell you, from an ultra-reliable source, the cited driver was NOT a staff member who works at Fort River School. 

He Said, She Said

The accidental Sunday fire, caused by careless disposal of a cigarette,  killed two; the next day Gregory Levey purposely immolated himself in town center using two gallons of turpentine

The 911 call came in early Sunday morning at 6:21 a.m. while most of Amherst was still fast asleep.  Smoke was billowing from the roof of a large two family dwelling on North Pleasant Street on the northern outskirts of town center, the kind of report -- called a "box alarm" -- that gets the undivided attention of emergency dispatch, who then instantly radios APD and AFD.

 284 North Pleasant Street

Despite the desperate attempts of first responders to quell the flames,  two students died from smoke inhalation.  The house was divided into two apartment units, each with six occupants, a violation of Amherst's zoning ordinance limiting unrelated tenants to only four.

Additionally the attic, where the deaths occurred, had been turned into bedrooms without a second means of egress, a clear violation of building safety codes.   

That was February 17, 1991.  Fast forward to September 19, 2012: A fire starts in an (illegal) basement bedroom apartment at #28 Gilreath Manor on Hobart Lane, quite possibly due to an overloaded electrical circuit.  Fortunately the blaze starts near high noon rather than late at night, so it is quickly extinguished by AFD.

 Gilreath Manor, Hobart Lane, Amherst

The basements are not zoned as a sleeping space, do not have an approved second means of escape and some lacked working smoke detectors.

Later that day town authorities receive an email and phone calls from residents concerned that building owner Grandonico Properties systematically wants students to hide evidence of illegal basement bedrooms from town inspectors.

Town officials keep the matter quiet (this is after all Amherst, where even the H is silent), but managed to get Grandonico to make basic safety upgrades to all the units. 

But now Grandonico Properties is fighting an official order from Building Commissioner Rob Morra to cease and desist renting to more than four unrelated tenants, a violation of town zoning bylaw.  The owners response mimics the three monkeys:   see no evil, hear no evil and speak no evil.

In other words, it's all the students' fault.  Grandonico only allows four tenants to sign the lease, therefore they cannot be legally held responsible if more than that occupy the space.

Interestingly, however, their lease states:  "Any payment not received from a Lessee shall only be accepted, if at all, on behalf of the Lessees and shall not constitute any relationship or tenancy with said party."  In other words, we will take the money but the look the other way from who may be contributing to the final amount.

In an official response to the Building Commissioner's order, Grandonico Properties, LLC is taking the matter to the Zoning Board of Appeals on December 20 ... Unfortunately when UMass is on break, thus making it unlikely students will come testify about what they were told by the owners when first signing a lease.

Even more interesting, the owners are trying to force the "legal" residents to sign a statement "under the pains and penalties of perjury" that they are the only occupants authorized to live in said premises. 

Since Building Commissioner Morra has yet to actually issue a fine to Grandonico Properties, it's unclear what legal standing can be created by the Zoning Board of Appeals, as only Amherst Town Meeting can modify or change the four unrelated tenants bylaw.  And an appeal of a monetary fine would go before a judge in District Court.

The permits acquired when the basement egress windows were installed were for an occupied space to be used as a study or entertainment room not a bedroom.  Thus the owners may not find the Zoning Board overly sympathetic to their cause. 

Either way, Grandonico Properties should have realized they got off easy.  What if that blaze on September 19, 2012 had been a replay of the tragic 2/19/91 fire?  They would now be facing jail time.

Obviously somebody has failed to learn from history.

Every Parent's Nightmare

Buses wait for their precious cargo at Crocker Farm School

Details are sketchy at the moment but we do know that an Amherst Middle School child was struck by a vehicle upon exiting a school bus near the Fort River School on South East Street at approximately 2:47 pm Friday.

Amherst police and fire personnel swiftly made the scene and the child was taken to Bay State Medical in Springfield as opposed to Cooley Dickinson Hospital in Northampton (usually indicating serious injury, but in this case simply precautionary).

Amherst School Superintendent Maria Geryk sent me this statement early Friday evening.

MassLive reports 

#####

UPDATE (Saturday 7:15 pm)

I had forgotten that I broke the story three-and-a-half years ago about the DA finding no criminal negligence with the bus driver in that stunningly sad story of a child dying under the wheels of an Amherst school bus.  Although that horrific scenario flashed through my mind instantly yesterday when I first heard dispatch vectoring emergency personnel to S. E. Street for what was originally reported as a bus hitting a child.