Wednesday, November 5, 2014

Inclusionary Zoning Zapped

Amherst Planning Board

After an hour and a half of somewhat contentious discussion, including a failed motion made by the Planning Board to refer the inclusionary zoning/affordable housing article back to them, Article #5, a citizens petition signed by 150 residents failed to garner the required two-thirds vote.

Although it did gain a clear majority 111 yes to 79 no.  The previous motion to refer, which would have only required a majority to pass, failed by a tally vote of 83 yes to 107 no.


Supporters described it as an "interim" measure just to cover the next six months while the Planning Board works feverishly to craft their own long promised inclusionary zoning bylaw. Opponents swore their allegiance to affordable housing but warned about "unintended consequences" whereby developers take a walk and no housing gets built.

 Select Board and Town Manager unanimously endorsed referral back to Planning Board

Article #5 would have had an immediate impact on the proposed One East Pleasant Street mixed-use project in the north end of the downtown. That 84 unit project is still before the Planning Board and they are seeking two Special Permits, one for extra height and the other for increased lot coverage.

Had article #5 passed any Special Permit, even for minor concessions, would trip the affordability clause, requiring them to provide 10 affordable units.

The Town Attorney suggested such a requirement could be considered an eminent domain "taking"  thus exposing the town to liability. Retired attorney and proponent of the measure John Fox told Town Meeting there's "always the risk of a lawsuit."

Amherst Town Meeting, via a dedicated minority, has turned down a bevy of zoning measures over the past ten years out of fear and mistrust over development -- especially if it involves student housing.   Which is why Amherst housing market is so overpriced and exceedingly understocked.

This time the high hurdle for passing a zoning article worked against the anti-development folks.

 Carriage Shops:  Proposed site for One East Pleasant Street project

DUI Dishonor Roll

The rate of drunk driving is highest among 21-25 year olds (23.4%)

You can always tell the rookie DUIs as they tend to take the Breathalyzer test back at the station (the one that is admissible in Court) and then when the results clearly indicate impairment they usually opt for a standard 24D disposition, which is of course only available to first timer's. 

Take Tyler Anderson, age 21, for instance:


In Eastern Hampshire District Court on Monday Mr. Anderson took the standard 24D plea deal and as a result loses his license for 45 days, pays $600 in fines/fees, takes a alcohol driver education program, and will be on probation for a year.

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 Kristin Hill, age 21, stands before Judge Payne

Kristin Hill had her case continued until December 1st as she thought a Public Defender would automatically be assigned to her.  Considering she also too took the Breathalyzer (failing miserably) she should probably save herself the private attorney fee and go with the 24D disposition.









Busy weekend for all things alcohol:

Outlier



Once again Amherst proves how out of touch from the mainstream we are, voting over 4-1 in favor of what's her name while the rest of the state went with the white guy.  Or the losing anti-casino vote (Question 3) finding favor in Amherst by almost 2-1

You have to wonder if the local CPA tax increase question (Question 5) had been decided by a statewide vote would the rest of the state have saved us from ourselves?  Of course you also have to wonder what impact the student vote had on that question passing (3624-3154).

You know, the folks who will not buy property here and deal with its burden.


Tuesday, November 4, 2014

As Amherst Goes ...

Click to enlarge/read

Frightening Weekend?


 Massachusetts State PD joined APD over the weekend

A combination of not-overly-great weather and a fleet of Massachusetts State Police troopers combined to keep rowdyism at bay over the Halloween weekend in our little college town.  As usual alcohol was the instigator for the vast majority of public safety responses.

Assistant Town Manager Dave Ziomek did a "ride along" on Halloween night with APD Captain Jen Gunderson and was amazed at the seamless team work on display between not only our understaffed local police and fire departments, but also their interaction with MSP and UMPD.

In Eastern Hampshire District Court on Monday Judge Payne sorted out the Amherst weekend arrests with the usual array of continuations (for more serious DUI offenses) or for Cameron Kingsbury a "Diversion" from criminal to civil where he pays the town noise bylaw fee of $300 (with the $300 "nuisance" ticket dropped), $100 court costs and four months probation.

Cameron Kingsbury, age 22, stands before Judge Payne
 
AFD arriving at Salem Place 12:25 am  for intoxicated underage male


UMPD alcohol enforcement Lincoln Avenue 11:30 PM

MSP alcohol enforcement 12:10 am
MSP alcohol enforcement 12:47 am

South East Street Speedway

Drunk driver into house @ 706 South East Street September 1
706 South East Street today:  "Barricaded in our homes"

One of the obvious problems with South East Street -- a main north/south corridor connection winding scenically through the heartland of Amherst -- is a lack of stop signs.  As in only one.

Yes, you can drive the entire six mile length from College Street to Bay Road pretty much unhindered by town installed signage.  

20 neighbors met Sunday night, appropriately enough at the Munson Memorial Library on the South East Street common, to discuss the safety concerns of the street they call home and come up with a plan to get town officials' attention on this public safety issue so something actually gets done.

 South East Street neighbors, Assistant Town Manager Ziomek (right)

Since the meeting was attended by Assistant Town Manager David Ziomek obviously they have already achieved the first goal but, as usual, the problem is getting something done about it.

Each participant was given dots to prioritize solutions

Suggestions ranged from the common sense -- lower speed limit, install more stop signs, increased police visibility, use of cameras for traffic enforcement -- to the slightly tongue in cheek:  level the steep little hill near Mill Lane which causes dangerous blind spots, or make the scenic street a toll road.

 Problem areas identified by residents of South East Street

South East Street is one of those historic old roads unchanged other than paving since the invention of the automobile.  It's time to come into the 21st century and share the road.  Safely. 

Question 5? Hell NO!

Need I say more?

For my numerous friend outside the little bubble of Amherst don't be confused by this post. You will not see a Question 5 on your state ballot today as this is an "Only in Amherst kind of thing" brought to us by aging full-time activist Vince O'Connor (need I say more).

The amount it will cost taxpayers is "only $72" they say, which is like a Marine drill instructor having you do push ups until you're about to puke and he then puts a gun to your head and demands 72 more.

The money raised by the "surcharge" (since it's voluntary they don't call it a "tax") cannot be spent on the most pressing needs this town currently has: increased staffing in our overworked public safety departments.

In fact, most of it will go towards taking properties off the tax rolls in a town where over half the property already is off the tax rolls. So just say NO.

And while your at it, in the name a fiscal responsibility, vote for Charlie Baker and return Massachusetts to the good old days of sound spending brought to you be a, gasp, Republican.