Monday, August 26, 2013

Flag Flap Deja Vu

Town flies flag daily (as does every municipality in Mass)


On August 27, almost exactly a year ago, the Amherst Select Board refused to allow the commemorative flags to fly in the downtown on 9/11.  Since the issue was officially on the agenda that night a simply majority vote could have made it happen.  

Two of the Select Board members (Jim Wald and Alisa Brewer) have previously voted in the affirmative and Chair Stephanie O'Keeffe as a Town Meeting member voted to support the annual flying of the  flags on 9/11.

Last year the SB did meet again on 9/10 (oddly enough they are not meeting on Monday September 9 this year) and I again appeared before them -- this time during 6:30 PM "Public Comment" -- to make a last desperate plea to fly the flags.  

But knowing they would not I also made a  request the board put this issue to rest once and for all.  

How?  

With a simply majority vote the Select Board can place an advisory question on the annual town election ballot.  I promised that night to abide by the direct decision of the voters.  I even returned to a Select Board meeting in March to remind them of the request.  They refused.  

So here we are ... again. 



Sunday, August 25, 2013

When BANANAs Attack

Vince O'Connor far left, David Williams front, Kyle Wilson center

If you ever wondered why almost nothing ever gets built in the bucolic college town of Amherst, just peruse these snippets from last Wednesday's 3.5 hour Planning Board meeting.

40 year activist, or should I say "community organizer," Vince O'Connor had a good point or two concerning parking -- or lack thereof -- at the newly proposed "Olympia Place," a 75 unit dormitory style (private) student housing development springing up where a rowdy defunct frat house currently stands.

But he kind of went overboard attacking the height of the building with his medieval serfs vs the castle metaphor.





Since moving to North Amherst only a few years ago Melissa Perot has become the Joan of Arc for slaying development.  But she can get on your nerves (and I'm pretty sure it's not the accent).

North Amherst resident Melissa Perot railing against development before Town Meeting


Town Meeting approved "mixed use development" zoning in village centers last session, and the Planning Board was discussing a minor technical tweak ... but that didn't stop Ms. Perot from launching into a do over of the battle she and fellow NIMBYs lost by a more than two-thirds vote.




Saturday, August 24, 2013

War Over "The Retreat" Continues


 Landmark Properties has agreed to "save the salamanders"

By NICK GRABBE

Where you stand on the Retreat depends on where you sit.

Jack Hirsch, whose column appears in this week's Amherst Bulletin, lives in Cushman, so it makes sense that he doesn't want to see open space near his house turned into a student housing development.

I live near the Regional Middle School, and have three student houses within 200 feet of me (the closest house to the Retreat will be more than 300 feet away). I think it makes sense for student housing to be clustered together, under close supervision, rather than spread out on residential streets, in houses owned by absentee landlords.

In my Bulletin column of Aug. 16, I gave three reasons why I think this development is in the interest of the town as a whole. In this week's Bulletin, Hirsch responds to two of my reasons – and ignores the third.

First, I argued that the Retreat will bring in $395,000 a year, as estimated by the town assessor, in desperately needed tax revenue. Hirsch maintains that Landmark Properties, the owners of the Retreat, may not pay their taxes.

There's no evidence that Landmark has been a tax evader in other towns where it has built student housing. And even if it didn't pay its taxes, Town Hall could easily put a lien on the property until payments were made.

Jack Hirsch ill-fated presentation to Amherst Town Meeting

I thought Hirsch was going to say that the $395,000 would be offset by increased costs for police and roads, as some Cushman residents have maintained. Maybe he's realized the absurdity of that argument. Some of the $395,000 might be offset by increased costs, but it's well established that the biggest loser for the town in the tax-vs.-expense calculus is single-family houses (like the ones in Cushman). 

That's because of the cost of educating children (the Amherst elementary schools spend $17,000 per student). The Retreat will not have many tenants with children in the schools.

Second, I argued that if Amherst continues to resist new student housing, speculators will have even more incentive to buy up single-family houses when they come on the market and convert them to student rentals. That's because the demand for rentals will far exceed the supply. 

First-time home-buyers will have a harder time competing with speculators, and there will be more conflict between students and longtime residents.

Hirsch responds that there are 14,000 UMass students living in the Amherst area, so the 700 beds in the Retreat wouldn't make a difference. UMass plans to expand its student population, so any contribution to the housing stock will reduce the flow of students onto residential streets. Those extra students won't go away if the Retreat isn't built; they'll just live in neighborhoods like mine. 

Hirsch did not respond to my information that many of the houses northeast of the Retreat site have had septic system failures, and are close to tributaries of the Atkins Reservoir, a major source of Amherst's drinking water. 

When the Retreat is built, the developer will pay to extend the sewer line to Flat Hills Road, making it much less expensive for the town to extend it to the streets with failing septic systems.

This was not speculation; it was the opinion of the superintendent of public works. The Cushman people like to present their cause as being environmentally virtuous, defending the spotted salamanders that live on part of the Retreat site and decrying the cars the students would have (but why would they drive them to campus, where there's little parking, rather than take the bus?) 

I'm not surprised that Hirsch ignores the news that the Retreat would help clean up an environmental hazard caused by his neighbors.
Stop The Retreat:  Campaign is starting to list

The letters written by Cushman residents, and the red-and-white signs they've convinced friends in other parts of town to put on their lawns, may lead some people to believe that Amherst will be voting on whether to allow the Retreat. No such vote will take place, because Landmark Properties has a legal right to built student housing on this land. 

The plan will be reviewed by the Planning Board and Conservation Commission, but they don't have the power to reject it. These two panels and the Select Board voted nearly unanimously not to have the town buy the land to prevent the development.

It isn't clear to me how “Save Historic Cushman” plans to stop the Retreat. Will the opponents lie down in front of the bulldozers? The organization has hired an expensive Concord attorney, who has filed an appeal in Land Court maintaining that the Retreat is a dormitory, which is prohibited in this zoning district. 

More appeals will probably follow, in an attempt to delay the Retreat. But in San Marcos, Texas, it took Landmark 20 years before before it got approval to build the student development. Are the Cushman residents willing to keep paying their attorney that long? 

For now, they are willing to have the town spend public money on their appeals.

I think they should use their time and energy lobbying Sen. Stan Rosenberg, soon to be the Senate president, to get a law change that would allow a public-private partnership to build taxable housing on property owned by UMass. 

That would provide clustered student housing near the campus, but allow Amherst to reap the tax benefits.

The Retreat may have some negative consequences on Cushman, chiefly weekend traffic, but the neighborhood will still be “historic.” For Amherst as a whole, the Retreat has substantial benefits.

Nick Grabbe is a former Amherst Bulletin editor/reporter and a long time Amherst resident.

Friday, August 23, 2013

A Search For Affordable Housing Solutions

 Housing & Sheltering Comm Co-Chairs: Greg Stutsman left, Nancy Gregg to his left

On Wednesday morning the Housing & Sheltering Committee voted unanimously NOT to recommend to the Amherst Select Board they support passage of House Bill No. 2225 "An act relative to the definition of low and moderate income housing."

The bill if passed would essentially water down the requirements imposed on cites and towns to maintain a 10% ratio of "affordable" housing stock by allowing mobile homes to be counted as affordable.

Co-Chair Greg Stutsman told the committee he "couldn't recommend trying to create a loophole."

After hearing public comment from knowledgeable observer Walter Wolnik the committee agreed to take up discussion at their next meeting of spearheading a campaign to modify the Pacheco Rule, which currently restricts UMass from working with private developers to build student housing.

In a recent column in the Amherst Bulletin UMass Chancellor Subbaswamy cited  UMass  as "the third-largest residential campus in the nation," and went on to declare "the university is committed to exploring the feasibility of a legislative remedy that would allow us to pursue public-private partnerships to address our housing needs."

Due to the overwhelming influence of higher education, college students make up over half the town's population.  And this demographic is inadequately served, as any large off campus housing proposal over the past 30 years must survive a gauntlet of well armed NIMBY opposition, which few have managed to do.

As a result single family homes dispersed throughout Amherst neighborhoods are snapped up by investors who subdivide the units into student rooming houses that sometimes mimic the antics of "Animal House".


Wednesday, August 21, 2013

Freedom From Controversy?

The Brits got it right

If Norman Rockwell were alive and working today he could use Amherst as a model for a fifth freedom:  "The Freedom From Controversy." 

Only he would use Amherst as an example of how not to go about it.

Last August 27 the Amherst Select Board pocket vetoed flying the 29 commemorative flags on 9/11.  Within days it made news in both the Gazette and Springfield Republican and our local TV stations.



The Republican/MassLive article was picked up and prominently displayed on New York based September 11th Families' Association website where it was spotted by Fox News, which led to an appearance on their highly rated "Fox and Friends" a week before the sad anniversary.

This year, apparently, they are not taking any chances:

Click to enlarge/read

Amherst Loses Vital Protection


 
Rolling Green Apartments, 204 units

Rolling Green Apartments owner Equity Residential gave official notice to the Amherst Housing Authority earlier this week that they will indeed pay off their remaining subsidized mortgage and bring 41 formerly affordable units up to market rate.

And while it may sound a bit like the tail wagging the dog, the loss of those 41 units means the entire 204 unit complex falls off the town's Subsidized Housing Inventory, dropping Amherst to 8.5% -- well below the 10% threshold required for fending off a Ch40B development. 

As of September 1st a developer could file a Chapter 40B housing project and build pretty much whatever they want as long as 25% of the units are "affordable."

Town officials had thought they bought a one-year reprieve with the recently completed "Housing Production Plan," but as part of that plan the town has to produce 0.50% of the town’s year-round housing stock, or 48 units of affordable housing annually (not lose 204 units!).

Bad news part 2:  Town planning staff just learned the state is not going to accept the 42 affordable units coming on line at Olympia Oaks because that project was in the works W-A-Y before the Housing Production Plan was completed (March, 2013).

Other than Olympia Oaks, the only affordable housing on the near horizon are six units at President Apartments proposed expansion.  In other words, without Olympia Oaks the town stands zero chance of a one year Ch40B reprieve.

The fall of Rolling Green has been on town officials radar for almost six years.  On September 1st, it happens.  So now when a developer comes a calling, no matter how many NIMBYs protest the proposed Ch40B development, IT WILL HAPPEN.

(Which, considering our exceedingly tight housing market, may not be a bad thing.)

Tuesday, August 20, 2013

Devil In The Details


Building Commissioner Rob Morra right, Pat Kamins on his right

The Safe & Health Neighborhoods Working Group -- perhaps the most successful committee in recent history in a town overrun with committees -- has begat another working subgroup also appointed by Town Manger John Musante tasked with planning  "implementation" of the Rental Permit bylaw.

Amherst Town Meeting  overwhelming passed the historic bylaw on May 20th, and it goes into effect January 1st.  Building Commissioner Rob Morra told the new group today that he has an "aggressive schedule" in mind to make that January 1st deadline.

The estimated number of properties that will require registration is around 1,500 

Three of the four Rental Bylaw Implementation Group members attended today's kick off meeting -- Pat Kamins, property manager, Phil Jackson, homeowner, Maurianne Adams, member of  Coalition of Amherst Neighborhoods.  Jacob Lefton, a tenant and frequent critic at the Safe & Healthy Neighborhood Working Group meetings, is the fourth member of the group but was on vacation.

 Other side of the table.  Phil Jackson center

One major complaint about SHNWG was the lack of a tenant on the 15 member committee.

At one point the fledgling Rental Bylaw Implementation group was outnumbered 4-1 by concerned citizens who came to the meeting -- for the most part -- to complain about the new system.  The committee has decided to have a "public comment" period as part of their meetings as did the Safe and Healthy Neighbourhoods Working Group.

Rob Morra said the implementation of the new system is being done in-house and he hopes the Information Technology department will have a system in place by October 1st for online registration and one stop shopping cart for all the forms required to make the system work.

The Amherst Select Board is scheduled to discuss and vote on a registration fee in late September.  The Safe and Health Neighborhood Working Group already recommended the fee be set at $100, but it remains to be seen if multi-unit owners or large apartment complexes will pay that fee per unit or just once per mailing address.

For instance will Rolling Green Apartments pay $100 or $20,400 to register all 204 units at their 1 Rolling Green Drive location?

The Rental Bylaw Implementation Group  scheduled meetings for three consecutive Tuesdays next month: September 10, 17th and 24th.

The rental permit system is the town's response to a chorus of complaints over the past many years about overcrowded, unsafe, disruptive rental housing owned by absentee landlords preying on tenants in a very tight rental market.

Coming soon