A Debilitating Delay

Carriage Shops (bottom), Kendrick Place (top) both now owned by Archipelego Investments

This morning's Sunday Republican printed the breakdown for the $4,599,962 sale of the Carriage Shops, 233 North Pleasant Street, in the north end of downtown to Archipelego Investments.  The lions share of it ($2,812,300) went to original developer Jerry Gates, aka Carriage Shops LLC.

Glazed Doughnut Shop former location sold for $468,754

Loose Goose Cafe (rt) sold for $432,667 and Bob Ritchie Legal practice building (left) sold for $525,693

At the November 5 Amherst Town Meeting NIMBYs tried to sabotage the One East Pleasant Street 5 story mixed use development by changing the rules about Inclusionary Zoning via Article 5, which would have required 10% of the 80 or so rental units be set aside as "affordable."

The developers would probably have 1) walked away from the deal and/or 2) filed a lawsuit for an illegal taking.  Interestingly Bob Ritchie, who owned one of the outbuildings (sold for $525,693) told Town Meeting that if the poison pill zoning article passed the Carriage Shops would become a "broken tooth on the face of Amherst's downtown."

Now after Planning Board approval for the project and Town Meeting rejecting the Inclusionary Zoning "citizens petition" article a disgruntled nearby housing competitor filed a lawsuit against the town for allowing the badly needed development.  A sour grapes tactic that will cause another six months of delay.

Carriage Shops parking lot was plowed this morning, but no businesses remain

The Carriage Shops were already looking looking long in the tooth when One East Pleasant Street mega-development first started jumping over regulatory hoops last year.

Another six months of deterioration is an assault on our sensibilities. 

Rescue Me!

 AFD on Puffer's Pond "beach"

Amherst Fire Department had to cancel an ice rescue drill this morning, not because it was a few degrees below zero -- although certainly a byproduct of the reason:  the ice was too thick.

 Can always use it for a skating rink

Half the department had mobilized at Puffer's Pond this morning -- Engine 3, Engine 4, Rescue 1 staffed by Call and Student Force, who huddled on the beach awaiting the breakthrough in ice that never came.

 Gave up after sawing down 24"

Tomorrow's ice cold exercise is cancelled as well.

Meanwhile the ice should be just fine for today's Business Improvement District Ice Skating Party at Kendrick Park from 1:00 pm until 5:00 pm.  I saw lots of firewood stacked by the rink.

 Kendrick Park this morning

Democracy Delayed

From left:  Sylvia Cuomo, Susan Lowenstein, Sandra Burgess Town Clerk, Joyce Crouch

The Amherst Board of Registrars failed to come to a decision concerning the complaint filed by long-time Amherst Town Meeting members Vince O'connor and Mary Wentworth regarding what appears to be fraudulent signatures on the nomination papers of School Committee candidate Phoebe Hazzard.

Ms. Hazzard had taken out her papers at 3:30 on the deadline day and brought them back an hour-and-a-quarter later with 65 signatures, seven of which were thrown out, leaving 58 certified.

For town wide office such as School Committee, 50 signatures of duly registered voters are required.

Red check means good, N means not registered, S means can't identify signature

The Town Clerk did point out that neither she nor the Board of Registrars are handwriting experts and they are legally bound by the notion of "apparent conformity":  If the registered voter's name matches the address then they have to certify the name, even if it's printed or looks like the same handwriting as the previous surname that also resides in the same household.

After 1.5 hours of sometimes testy testimony the Board decided to meet again on Tuesday to decide whether they will accept the challenge to the signatures and then ascertain if there is any merit to the challenge.

The Town Clerk was adamant that the Town Attorney ruled the challenge was handed in past the "two working day" deadline (by 35 minutes), and therefor the Board of Registrars would be setting a bad precedent by accepting the challenge.

 Vince O'Connor and Mary Wentworth present to the Board of Registrars

O'Connor and Wentworth argued the Town Clerks office was closed to the general public for a half day within that 48 hour deadline, therefor they should have had more time to file their complaint.

O'Connor repeatedly stated he wished for this matter to be handled locally by this board rather than becoming a criminal matter with the DA or an appeal in Northampton Hampshire Superior Court.  To which Board member Susan Lowenstein responded she did not like the words "fraud and criminal intent."

Saying he did not even know candidate Phoebe Hazzard, O'Connor stated he was in the Town Clerk's office when Hazzard first took out her nomination papers and still there when she returned them.  Wentworth added, "To old hands like us, it was a red flag."

Observer Rich Morse, a former prosecutor, said the board "Should not delegate this out to the town attorney.  The fundamental issue here is was there fair access over that two day period to make observations and judgements about the signatures?"

No matter what the Board of Registrars decides on Tuesday, at this point, in a town that reveres grass roots democracy, the campaign process has been tainted.

Town Clerk Handout

   Amherst Election Scandal

Blarney: Overly Optimistic Update?

Today's Gazette (note Police Chiefs happy expression )

So the Gazette does pretty much a long form story on the Blarney Blowout prominently placed front page above the fold and forgets to mention the number one contributing factor to the mayhem over the past three years:  It's the WEATHER, stupid!

In 2012 when the event first caught everybody's attention (and probably was the first time "Blarney Blowout" was actually used as a title) there were no major riots but general mayhem all over town, the temperature was in the 40s.
  
In 2013 when there was a riot (6 arrested) the temperature was in the high 50s.

In 2014 when there was a major riot (58 arrested) the temperature was in the low 50s.  

So I take little consolation in the Gazette telling us how prepared everybody is this year.  After all last year two days before the most riotous Blarney in history they posed Town Manager John Musante in front of McMurphy's downtown bar telling us how prepared everybody was.

Gazette 3/6/2014 (two days before the Blarney to end all Blarney's

And we know how well that turned out.

The previous year, just after the major riot in North Amherst at Townhouse Apartments, they ran a headline about how great things went in the center of town. 

So here's the scoop.  If it's cold and miserable on March 7, 2015 then Blarney Blowout will be a thing of the past.  If it's sunny and warm -- God forbid hot -- then officials should consider mobilizing the National Guard.

#####

Today's Bulletin carried inside the Gazette

And since today is "pick on the Gazette day" the weekly Amherst Bulletin stuffed inside, once again shows how timely a weekly newspaper is (sarcasm)  with a banner headline about UMass banning Iranian grad students. 

As you probably heard by now (or can see on the front page of the Gazette above) UMass surrendered on that stupidity quicker than the 1940 French army.

Luck Of The Irish

Fire hydrant corner of Amity and South Prospect Street (Jones Library in background)

11 South Prospect Street

A couple of things that you certainly can't always count on worked to our advantage with the late night fire at 11 South Prospect Street:  first and foremost all 8 full-time professional firefighters were available to respond, although a few were enroute to a (false) box alarm on Pelham Road. 

Had two ambulances been on the road, which is all too common, that would have reduced by half the number of fire fighters available to respond.  And with a fire such as that the first few minutes are vitally important. 

Almost equally important the closest fire hydrant (on the corner of Amity and South Prospect Street) was totally cleared of snow and the extreme cold had not prevented it from functioning normally.

 Fire hydrant South Prospect Street: not overly accessible

The other nearby fire hydrant less than 50 yards south of the fire scene, which looks to be Amherst College responsibility, would certainly have been more problematic.

Revolving Door

Timothy Stahl appears before Judge Murphy, ADA Bob Opsitnik (rt)

Timothy Stahl was arrested yet again by Amherst police Tuesday on a warrant for "failure to appear" in Eastern Hampshire District Court Tuesday morning to be arraigned for his arrest over the weekend for "disturbing the peace."

Naturally he did not wish to go quietly so he was again charged with "disturbing the peace."  Only this time he was transported to District Court by APD after spending the night in lock up.

Assistant District Attorney Bob Opsitnik requested $500 bail (which if not paid would keep him behind bars) but Judge Murphy released him on $1,000 "personal surety," meaning if he doesn't show up to his next scheduled appearance March 18 he pays that amount. 

He was also assigned a public defender.

Election Fraud?

Complaint is addresses look like handiwork of same person

The Board of Registrars will meet on Friday morning to decide whether to take up discussion of a complaint filed by Vince O'Connor and Mary Wentworth regarding signatures collected on the nomination papers for School Committee candidate Phoebe Hazzard.

Ms Hazzard took out her papers only an hour-and-a-half before filing deadline, and then returned them 15 minutes before the drop dead deadline with 65 signatures.

The Town Clerk did disallow 7 of the signatures because the name did not match up with the address or were illegible, but did certify 58 which is 8 more than required for placement on the ballot.

The Board of Registrars met within 48 hours (February 12th) of the February 10th nomination  deadline to certify the results and choose the order of appearance for candidates on the official ballot.

Hand delivered to Board of Registrars 35 minutes past deadline

A challenge to any nomination irregularity is supposed to be filed within 48 hours.  Mr. O'Connor and Ms. Wentworth missed that deadline by 35 minutes, so the Town Clerk originally denied taking up the appeal with the Board of Registrars.

Mr. O'Connor did not take too kindly to that, so now the Town Clerk has called another meeting of the Board of Registrars, but their only decision on Friday will be whether to hear an appeal or not.

If they decide the 48 hour deadline does not apply then they will set another date to discuss the merits of the appeal.

Should enough signatures (9) be disqualified, Ms. Hazzard's name will not appear on the ballot for School Committee and that open seat will be filled by write ins.

There are two open Amherst School Committee seats and originally three candidates filed their papers by deadline.  Incumbent Lawrence O'Brien withdrew before the 48 hour time limit leaving Vira Douangmany as the only guaranteed winner at the moment.