Wednesday, December 31, 2014

Community Policing

Attorney Chamberland stands with his client Steven Cuoco, age 50

In Eastern Hampshire District Court on Monday Steven Cuoco, who gave his address as "the streets of Amherst", had a plea of not guilty entered in his behalf and the Judge assigned him (at no cost) a Public Defender. 

He told the Judge Poehler he was "off his meds."

Tuesday, December 30, 2014

DUI Dishonor Roll

In 2011 twice as many deaths involving drunk drivers occurred on weekends vs weekdays

It looked for a moment that 19-year-old Alexander Osowski was going to strike a plea deal with the prosecution after being arraigned before Judge Poehler on Monday afternoon in Eastern Hampshire District Court, but he must not have liked the idea of a 24D disposition and opted instead to have his case continued until next month.

Neither a private attorney or a public defender will have an easy time beating the official breath test results that is allowed as evidence in a trial, so he should have taken the state's offer.


Alexander Osowski stands before Judge Poehler 

Click to enlarge/read

A Clear & Present Danger

Nikolai James stands before Judge Poehler (in a secure lock up)

So here's one you will not read about in the bricks and mortar media, mainly because they can no longer afford to send reporters to Eastern Hampshire District Court.

And the only way you learn about anything involving "domestic abuse" is to view it in person when the perp is arraigned. 

Because this case involved "domestic assault and battery" Amherst police had to redact it from their daily logs so it becomes that tree that falls in the forest with no one around to record its sound.



In court yesterday before Judge Patricia Poehler the mother and father of Nikolai James tried to have him remanded into a medical treatment program in Springfield.  The father tearfully told the Judge his son suffers from schizophrenia.  

A probation officer told Judge Poehler that Nikolai James had created a "level of frustration" within his department due to his chronic failure to abide by any of his probationary conditions:  He failed to report in with his probation officer, failed to pay mandated fees, and tested positive for marijuana and alcohol,

This most recent arrest over the weekend by APD comes at a time when he is on probation (through 2016) for three separate incidents, including the one where he injured two Amherst police officers

Judge Poeler did not allow the motion to transfer Nikolai James to a medical treatment facility and instead remanded him to the House Of Correction pending a hearing for violation of parole. 

Monday, December 29, 2014

Call In The Lawyers

One East Pleasant Street (as proposed)

To no great surprise an abutter (and competitor) to the recently approved One East Pleasant Street, a 5-story mixed use project that will revitalize the north end of downtown, has filed an appeal within the 20 day deadline to overturn two Special Permits as well as the entire "site plan approval."

 Joel Greenbaum, who is also a major Amherst landlord, filed the appeal in Hampshire Superior Court naming Archipelago Investments LLC (the developer), eight members of the Amherst Planning Board, and the town of Amherst as Defendants.

The suit alleges the mostly residential project violates town zoning bylaw because it is a "large scale student housing project". Of course the developers would disagree, citing the demographic of their initial downtown 5-story mixed-use project, Boltwood Place, that attracts tenants other than just students.

Furthermore the suit alleges the project fails to comply with Amherst's zoning bylaw mandating affordable housing units in any housing project that requires a Special Permit.

The town attorney has already found that since the project is allowed "by right" and the two Special Permits are relatively minor tweaks, the affordable housing clause does not apply.

Statement from the developers:
 Click to enlarge/read

The appeal stands little chance of winning on its merits and killing the project, but will most certainly slow down the bulldozers. The tired old strategy of "death by delay".

Cherry Hill: 1/2 Way To Hell (- handbasket)



In spite of being dead wrong about predicted golf revenues for his entire tenure as Town Manager, John Musante optimistically insists on predicting a higher number ($268,000), that's always presented to Town Meeting in the spring and is always proved wrong come the following July 1st end of the Fiscal Year.

 Town Manager's 2015 budget report "letter of transmittal"

 All you need is a calculator to see it did NOT cover all its costs from user fees

The beastly White Elephant of a municipal "business" continues on its losing ways with end of season revenues being well below break even levels.

And -- even worse -- expenditures at disproportionately higher than average levels as well.

Current revenues stand at $102,347 vs expenditures of $143,684.  Former long time manager of the course Dan Engstrom (who mysteriously disappeared on St Patrick's Day 2007) always used to tell town officials you could simply double revenues at season close in order to project full fiscal year (which ends June 30th) totals.

Town Manager's 2014 Budget report "letter of transmittal"


Although the real formula is closer to doubling the numbers and then increase that total by another 20%.

Either way, the ailing business will not intake $268,000 by July 1st.  This, on top of "actual" losses exceeding $100,000 last year (although, as usual, predicted to "cover its operating and employee benefits entirely from user fees").

 Town Manager's 2013 Budget report "letter of transmittal"

 Cherry Hill itsy bitsy clubhouse (note lack of solar panels)

In a July 7th memo to his bosses the venerable 5-member Amherst Select Board, Town Manager Musante did, finally, admit "This ongoing evaluation will likely include revisiting the cost-benefit of privatizing operations of the Cherry Hill Golf Course."

 Town Managers 2012 Budget report "letter of transmittal"

Let's hope that commons sense proposal is included in his FY2016 budget rather than the standard wrong headed projection about the beleaguered business covering its costs "entirely from user fees."


Sunday, December 28, 2014

Without A Trace

Kendrick Park 12/26/14
Kendrick Park this morning

One of the sacred principles taught by scouting is to "leave no trace behind." Which certainly was in evidence (or lack thereof) this morning at Kendrick Park in the north end of downtown Amherst.

Yes, after a month on the municipal park selling Christmas trees (or if you prefer, "holiday trees"), a market that has zero demand from 12/25 through the following Thanksgiving, you cannot even tell they were there.

Kendrick Park is a major underutilized gem in the town's recreation and parks portfolio. Let's hope when Kendrick Place apartments opens next fall, Kendrick Park will get the attention it deserves.

 Kendrick Place

Saturday, December 27, 2014

Going Green?

Puffer's Pond Conservation area, North Amherst

Pretty sure this is not what the town has in mind when touting the benefits of going green -- buzzwords we hear all too often these days. But at least the paint will wash off.

Sand Hill/State Street intersection about 75' from Puffer's sign

Thus it may not rank up there with Greenpeace leaving self-promoting graffiti at the Nazca archaeological site in Peru recently, but it certainly shows the same level of "look at me" obnoxiousness.