The Landlord Blinks

 Gilreath Manor (3 buildings) Hobart Lane, Amherst

Based on new information -- the truth -- Grandonico Properties, LLC lawyer Lawrence Farber requested a last minute continuation at Thursday night's Zoning Board of Appeals hearing to appeal punitive fines issued by Building Commissioner Rob Morra for violation of the town's zoning by-law limiting unrelated housemates to four per single family dwelling.

For those of you who think fines do not make a difference in changing behavior, take note:  Commissioner Morra issue the first fine on Monday and they will accumulate at $100 per day, unless the ZBA (at that rescheduled meeting in mid January) overturns the decision of the Building Commissioner, a highly unlikely scenario.

According to Commissioner Morra:  "Mr. Farber is requesting a continuance which must be granted tonight by the ZBA after they open the hearing.  If granted, the fines will continue and, in my opinion, must be appealed to district court within 21 days.  It is also my opinion that the ZBA is ruling on the application of ZBL Section 11.45 in this case and not the fine itself which must be heard by the court – although I am aware that all may not agree with me."

The statement submitted by UMass Legal Services attorney Carol Booth clearly demonstrates a pattern of dishonest behavior by the owners of Gilreath Manor,  carefully designed to circumvent Amherst's zoning bylaw.


Kind of appropriate I guess, for a story that started with an illegal bedroom basement fire, ends with "A Smoking Gun."

Statements of student tenants submitted by Attorney Booth to ZBA

Hobart Show Down

 Hobart Lane Gilreath Manor #28

Hobart Lane is already well known for the annual Hobart Hoedown, dating back over 20 years.  But the street immediately bordering UMass could easily have become forever burned into memory for a far more serious spectacle had the basement fire in an illegal bedroom at #28 Gilreath Manor on September 13th resulted in the deaths of residents, all of them UMass students.

Tomorrow night the Zoning Board of Appeals will hear an appeal from Grandonico Properties, LLC a "foreign limited liability company," meaning they are "organized under the laws of Delaware," the most lax state in our nation for protecting consumer rights (which is why all the credit card companies organize there).

The owners of Gilreath Manor wish to challenge the Building Commissioner's threat of fines for violating Amherst's 1990 zoning bylaw forbidding more than four unrelated occupants in a single family dwelling.  The town attorney has come down squarely on the side of the Building Commissioner with an unambiguous opinion:

"The property owner has been aware, or been made aware, of the multiple violations on the Property, and that further evidence may demonstrate that the owner authorized use of the dwelling units in excess of the allowed number of residents."

Attorney Joel Bard continues, skewering another of the landlord's defenses:  "The tenants rights of possession may not be asserted as a defense in order to insulate the property owner for liability for zoning violations on her property."

The Amherst Board of Health has NOT issued a variance for low ceilings in the basements at Gilreath Manor, so currently they can be used for nothing but storage or utility, not even for watching TV or doing homework on a computer station ... let alone sleeping.

On September 13, with inadequate fire protection and two bedrooms illegally crammed into unit #28, a disaster was narrowly averted.  Initially, town officials were slow to react to problems uncovered in the aftermath of the fire; I even went so far as to brand it a cover up.

But they seem to be fully on board now with making this a test case for the public good.

As President of the Board of Directors for the Amherst Area Chamber of Commerce, Kathryn Grandonico should be setting a positive example for all Amherst landlords to follow, not acting like a carpetbagger -- putting profits over public safety.

Emails Hannah, Town Officials

Rewired WiFi

Fred Hartwell installs WiFi unit on Main Street lightpole  this afternoon

So after the spiffy new Cisco wireless routers were installed around town last month, IT Director Kris Pacunas noticed they were not performing up to promised specifications.  And when you are paying $75,000 for a new toy, promised specifications matter.

Cisco sent out a crew to try to bring the units up to speed, but could not make it happen.  Thus the town did what any consumer would do:  sent the items back for a full refund. 

The IT department then went into tech-geek mode and came up with their own "access point" gizmo's using component parts from a number of different manufacturers.  Now, according to Pacunas, the newest new system, using five antennas, is ten times faster, with three times the coverage, all for $43,000 or a 40% savings over the original system.

 Newest units could be painted black to match ornate poles in the downtown

The newest system also has "client link" (version 2.0) so it works well with smart phones and tablets, which more and more Americans use to access the Internet.

As of today 18 of the units have been installed and the entire system of 27 (possibly 28) units should be fully functioning by January 1st.  A Happy New Year indeed for all us Internet junkies. 

Salud!

Mission Cantina, 485 West Street, South Amherst: about to more than double in capacity 

Acting as Liquor Commissioners last night, an enthusiastic Amherst Select Board unanimously approved an "alteration of premises" thus allowing Mission Cantina to serve alcohol in the newly expanded space, which effectively doubles the physical size of the popular South Amherst eatery.

Select Board member Aaron Hayden noted how happy he was to take part in this bureaucratic procedure for Mission Cantina as it  "demonstrates a very successful business." SB member Diana Stein then quipped, "Which means you have to wait to get in there."

The restaurant opened in the summer of  2011 and has seen lines out the front door almost since day one.  The original facility only has four tables seating a total of sixteen, while the new addition will add five tables seating twenty, or more than doubling the restaurant's seating capacity to thirty six.

The Zoning Board of Appeals approved a Special Permit required for the expansion/renovation on August 3rd, although owners did note on their Facebook page that it required seven months to acquire a building permit.

The $45,000 expansion, is now almost complete with a mid-January opening expected.  In addition to business as usual -- great food -- Mission Cantina plans to start serving a lunch menu and staying open into the late night. 

Visible Symbols

 Crocker Farm Elementary School, Monday morning

So for the first time in memory, I was actually happy not to see an overt police presence, even though that was the expectation.  Not that uniformed officers make school children or their parents nervous.

At least, normally, not in Amherst.

But these times are far from normal.  The shock waves from Friday's mass murder are still profoundly in the present, like the dark gloomy weather that delayed by two hours the opening of the Amherst schools this morning.

A police department is, by nature, reactionary.  You see something wrong, call 911, and they come quickly.  But they can't possibly stand guard, at all our schools, during all their hours of operation.   For that we would need to mobilize the National Guard.

And is that the message we want to send to our kids:  Our schools can only be safe when patrolled by armed guards?

Amherst has come a long way in implementing strong security protocols, a byproduct of Jere Hochman's tenure circa 2003-2008.  Before that, the doors remained open during school hours.  In spite of what happened at Columbine in 1999.

But then again, when I grew up in Amherst a generation ago, my mother never felt the need to lock the front door at night.

Our flag is at half staff today to honor and remember those innocent lives lost ... but will soon return to its routine position atop the staff.  Friday however -- like 9/11 -- was a morning to never forget.

Do Over?

 Scott Brown could put his left over campaign paraphernalia to good use

President Obama may has just given the GOP an early Christmas present if reports coming out in reliable mainstream media are true, that Massachusetts Senator John Kerry will become the next Secretary of State. 

Yes, Governor Patrick could stack the deck somewhat by appointing a real contender to occupy Kerry's senate seat rather than just a warm body term-limited to the day of the special election, as was done when Senator Kennedy died.

And look how well that turned out for the democratic party.

When it comes to special elections, Scott Brown has already accomplished the unthinkable -- snatching the throne occupied by a political deity for almost fifty years. 

Obviously in his recent farewell address, Scott Brown all but announced a return to the campaign trail:  "Depending on what happens, and where we go, all of us, we may obviously meet again."

A lot sooner than most democrats expected, obviously.

The horror ... the horror ...

Last week when the first dispatch went out over the airwaves saying a child was hit by a school bus at an Amherst elementary school, my mind instantly flashed back to the horror of three years ago where a 2-year-old child broke free from his mother at a bus stop and ended up under the wheels of moving bus.

One of my daughters at the time was the same age as the child killed in that horrific accident.

Yes, it's human nature to always initially fear the worst: You hear about an earthquake in a foreign county where friends or family are vacationing, and instantly assume they have been impacted. Last week I titled that post "A Parent's Worst Nightmare," because nothing can be worse than losing a child. Nothing.

So I'm at a loss to now come up with a headline that captures the bottomless horror of an incident that erases the lives of twenty innocent children, all of them the same age as my youngest.

As CNN anchor Aaron Brown watched the second tower collapse live on air on that unforgettable morning he said somberly, "There are no words ...".

Once again, as our entire nation mourns, there are no words.