Sore Losers

In case a Town Meeting member decides to "Move to reconsider" badly beaten Article 43, the anti-business, socialistic land grab of 154 acres of private property in northeast Amherst, the Town Clerk should hand out dunce caps at check in Monday night as only a Nitwit would admit they were "confused" by the June 3rd discussion and vote.

The article lost 99-90 by way of a "Move to Dismiss."  My six-year-old, not yet even in 1st grade, understands the meaning of the word "dismiss." 

And I find it hard to believe anyone who saw my initial five-minute presentation could somehow find it "confusing," and think I was doing so in support of such a dangerously naive warrant article. 

But I'll let you be the judge of that:

Slow Down!

 Drivers ignore speed limit

So tonight's sometimes contentious joint public meeting between the Amherst Planning Board, Tree Warden Alan Snow and homeowner Mickey Rathbun to discuss the fate of ten public shade trees firmly rooted in the way of a new driveway was continued to July 17.

 A strategic mirror on the other side of driveway helps homeowners see oncoming traffic

The Planning Board gave Ms Rathbun a list of materials they need to see in order to make their decision about whether the trees can be removed:  An engineering study of the impacted area, copy of the traffic report done by the town, feedback from the DPW on if they will allow another curb cut, and photos of all the trees marked for extinction.

Ms. Rathbun complained, "It would be nice if I had a little more guidance."  To which Planning Board Chair David Webber responded, "That's the process."  Webber, who has been on the board four years, later stated this was "The most complex tree hearing in my experience."

 

Amherst Planning Board 6/5/13

After  the homeowners consulted with the Town Manger and DPW Director last year the town did do a traffic study which showed drivers do indeed drive too fast, with about 85% clocked at 40 MPH.  The town installed a 25 MPH sign, but drivers ignore it.

 Current driveway on left looking south, blind curve on right

Tree Warden Snow pointed out, however, that moving a driveway only 60 feet north with a car coming at 40 mph would still not allow enough time to avoid a crash. 

While only 4 or 5 trees stand directly in the way of the proposed new driveway the rest will be mortally wounded by root damage.  Therefor Mr. Snow insists 10 trees of varying width, totalling 127.5" would require removal.  At the current rate of $90 per inch for replacement costs, the homeowners would owe the town $11,475.

Mickey Rathbun address Planning Board, Alan Snow in background under town seal

Ms Rathbun seemed to be requesting a full fee waiver as the cost of the proposed driveway was already prohibitive.  Tree Warden Snow said according to the law a hardship waiver "was at the discretion of the tree warden."  But he also seemed to indicate it was something used for little old ladies on fixed income.

Planning Board Chair Webber then said, "We've never done a waiver."

Normally the Tree Warden has sole say in the removal of a public shade tree, with input from the Public Shade Tree Committee.  But since South East Street, originally established in 1704, is designated a "scenic road" the Planning Board also has equal say.  

Neighbor Janet McGowan agreed with Ms. Rathbun about the safety factor and even suggested the removal of the trees would "open up the views of the Pelham Hills, so the scenic aspect actually cuts the other way."

Kathleen Auble another neighbor and 15 year resident disagreed wholeheartedly:  " I don't want scenic trees taken down for a driveway."  Besides, she added "It will not be any safer."

 Marked for death

 

New driveway entrance on left current one, center, would remain

Safety Stop

Not the kind of thing you want on your front display window

Building Commissioner Rob Morra issued a prominent "stop work" order to the owner of "Oriental Flavor" in the heart of downtown Amherst for having unauthorized personnel perform gas and plumbing work.

 Oriental Flavor:  Opening on hold

According to Commissioner Morra:

"The job was stopped because plumbing and gas installation had proceeded without the required inspections.  The plumbing contractor that was hired for the project and who secured the necessary permits did not perform any of the work and was unwilling to take over the job that was done by others.  In order for the work to continue the business owner must hire a licensed contractor to make correction, complete inspections with this office and finish the work.  We found several issues and violations with the work that was completed by an unlicensed individual."

Some of you may remember the 2005 pernicious basement fire at the old Plumbley's Building adjacent to the Boltwood Walk Parking Garage.

The leading contender for fire causation?

Faulty wiring installed by a handyman rather than licensed electrician for the heavy-duty commercial equipment associated with a tanning salon that Gold's Gym was preparing to open.

The fire pretty much put La Cucina Di Pinocchio's restaurant out of business.

Cooper Mine tanning salon: never opened for business.  Sold 7/1/11 $190,000

DUI Dishonor Roll

About one-third of all drivers arrested for DUI are repeat offenders

Once again we had only one drunk driver taken off our streets over the past weekend, down from the usual 3 or 4 when UMass is in session.

And like last week our incapacitated driver, Paul R. Comtois,  age 43, was bagged on a major travel road (Rt 9), in the wee hours of the morning (1:42 a.m.) and he has no obvious connection to UMass. 

Although unlike last week's "winner" this Perp is a repeat offender.  Times three!

South East Street Shuffle

 650 South East Street, Rock Farm

It did not take Greenfield Savings Bank long to do their due diligence on the property located at 650 West Street.  I had expressed concern about three 55-gallon rusty oil drums right before the town bought it last week.  I guess a $500,000 deal stimulates clean up motivation -- especially for a bank.

The town purchased the property using $60,000 in Community Preservation Act money, private funds from helpful  neighbors, and flipping two building lots for $132,000 each.  Of course the town cannot cut the bank a check until July 1st, start of the new fiscal year.

The clean up crew from Environ International Corporation will be done by the end of the week. A senior associate said two of the drums were empty and the one with some content still in it was specially packed for removal and the contents will be analyzed.   As will soil around the other two empty drums.

But he was optimistic at this stage contamination was not a concern.

666 South East Street, trees with notices are marked for extinction

Meanwhile right next door another environmental action was playing out, as the Amherst Public Shade Tree Committee met to discuss the clearing of trees by a homeowner for a new, safer driveway.  The committee could not muster a quorum, so no vote was taken. 

The Shade Tree Committee only advises Tree Warden Alan Snow; he has the semi-final authority with removal of trees in the public way, which extends roughly 30 feet from a public road onto private property.

The Amherst Select Board would have the final say if an appeal is made of the Tree Warden's decision. 

The costs to the homeowners, Christopher Benfey and Mickey Rathbun, with such a large grove of trees using an inch-per-inch replacement calculation could total as high as $12,000.

The Amherst Planning Board and Tree Warden have a joint meeting tomorrow tonight in Town Hall to discuss the removals.

Party House of the Weekend

 

327 Lincoln Avenue

So NO, now that I helped to keep alive the student housing development in northeast Amherst I'm not going to shelf my "Party House of the Weekend" series simply because every time I repost to Facebook somebody will jump in and say, but how could you support 'The Retreat' when it will only exacerbate this situation?

Although, thankfully, nobody has yet charged me with trying to stimulate continuing fodder for this popular series.

As I've pointed out many times the problem is NOT professionally managed apartment complexes as I'm sure The Retreat will be.  The problem is single-family homes owned by absentee landlords.

Like 327 Lincoln Avenue for instance, midnight Saturday.  A noise complaint from beleaguered neighbors resulted in all four young ladies earning a $300 noise ticket.

Click to enlarge/read

Police also warned Pi Kappa Alpha Frathouse located nearby for noise early Saturday morning

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374 North Pleasant Street, "Pike"

Ain't No Stoppin' Us Now

Amherst Town Meeting

Lightening struck twice on the floor of Amherst Town Meeting (followed by a double rainbow) tonight.

The controversial use of eminent domain (article 43) would have snatched 154 acres of woodland property development rights from a private owner to prevent a private corporation's student housing development.

I preemptively made the "Motion to dismiss" to send the stern message that article 43 was naive, dangerous and dead wrong.   After less than 1.5 hours of discussion the socialistic article was killed by way of a 99 "Yes"-90 "No" vote supporting my motion.

And yes, it's not often Amherst Town Meeting supports a Larry Kelley motion.

Since it involved eminent domain the original article would have required a two-thirds vote to pass.  Both the Finance Committee and Select Board strongly opposed the original article.

Amherst Select Board voted 4-1 against article 43

Then, amazingly, Town Meeting really pulled out all the stops and supported a mixed use zoning change (article 31)  that will allow for increased density of housing in commercial districts ... like North Amherst.  

Any zoning change requires a two-thirds vote.  When a "Motion to refer" article 31 back to the Planning Board -- similar to dismissal -- only failed by 94 "No" to 82 "Yes," it was looking doubtful a two-thirds majority would be attained for passage.

Finance Committee makes room for Planning Board as TM discusses zoning

However, when the smoke cleared after a recorded Tally Vote, Article 31, "Standards and Conditions for Mixed Use Buildings" passed handily 119 to 56.

On Monday Town Meeting will take up discussions of companion pro development zoning articles all unanimously approved by the Planning Board. 

And the battered NIMBYs will be out in force.