Just Say NO

 Amherst Board of Registrars meeting Town Hall 2:45 pm

In a little less than a half-hour the Amherst Board of Registrars came to a vote on whether to accept a challenge filed by Vince O'Connor and Mary Wentworth to the legality of names appearing on the nomination papers of 1st time School Committee candidate Phoebe Hazzard, who set a town record for acquiring the 50 signatures needed for a town wide office.

The vote was unanimous:  No.  In fact there was an undertone of, now go away.  

The challenge was filed 35 minutes after the "two working day" deadline imposed by state law.  The complainants argued a "working day" for Amherst Town Hall is 8.5 hours but one of those days (Thursday) Town Hall is closed to the general public in the mornings, therefor they only had 1.5 working days to file their grievance.

Board member Susan Lowenstein was the most forthright of the three asking Mr. O'Connor somewhat sternly, "Why do you see criminality and fraud?  I'm appalled this is happening!"

To which Mr. O'Connor responded, "I'm appalled the Town Clerk would accept bad signatures."

Another bystander pointed out, "Not a single person has come forward to say they didn't sign those papers.  There's the letter of the law, and the spirit of the law.  I don't see any violations of the spirit of the law."

O'Connor responded, "It encourages people to sit at home, call up their friends for permission and get signatures that way."

Town Clerk Sandra Burgess had wanted this distraction ended quickly, as the ballot for the March 31 election needs to be printed soon.

And The People Shall Lead (Sort Of)

Amherst:  Where even the h is silent

Only three "citizens petitions" were filed yesterday in Town Hall prior to the noon deadline for placement on the upcoming annual spring Town Meeting warrant, which begins April 27.  I say "only" because the barrier to entry is so low, requiring "only" ten valid signatures.

Amherst is a town that prides itself on speaking out about issues great and small.  Town Meeting is supposed to be the ultimate platform for the common man or woman.  Although in our case that commonality seems all too restricted to older, white, upper-income homeowners.

Click to enlarge/read

The petition article to bring paid sick leave to part time town employees was made moot by the Select Board last night, who voted unanimously to support the recommendation of the Personnel Board for part time town employees who work year-round.

The $28,000 required will be added to the  budget that goes before Town Meeting and once passed will go into effect July 1st.

Proclamation articles are advisory and enacted to pretty much to make a feel good statement.  Since nobody can argue -- at least successfully anyway -- against "civility, respect, kindness and friendship" pretty safe bet "Race Amity Day" will pass unanimously by (overwhelmingly white) Amherst Town Meeting.

And what would the annual Amherst Town Meeting be without at least one petition article from Vince O'Connor?  Last year he had five, four of which were voted down or referred back to a committee.

Although his article to double the Community Preservation Act surcharge from 1.5% to 3% did pass handily, adding to the already outrageously high annual property taxes in town.

Apparently Vince has been studying engineering in his spare time and he considers the closed Mill Street Bridge safe enough to reopen for two way traffic.

And these three petitions that came in on the final day will join the other two filed last week: an anti-fracking advisory article and a feel good human rights declaration.  As of this morning all five petitions had the required number of signatures certified for placement on the Town Meeting warrant.

Pro human rights

Anti-fracking resolution

If You Get Permission To Build It

Butterfield Terrace property impacted in oval,  Pokeberry Ridge underlined

A cluster of four properties on Butterfield Terrace, sandwiched between UMass and Amherst town center, could see an increase in housing density IF -- and that's a BIG if -- Town Meeting approves a citizen's petition article requesting a zoning change from the current RN (medium density) to the higher density RG.

Even with the zoning change, which requires a two-thirds Town Meeting vote, any development to increase housing units (up to 18 are possible according to town Planning staff but the petitioner put the number at 14) would still require a Special Permit.

Petitioner Mike Alpert told the Planning Board last week that most people in town don't even know Butterfield Terrace exists and the nearest neighboorhood street, Pokeberry Ridge, is 100 feet higher up, so their "scenic vistas" will not be impacted.

But that didn't stop neighbors from speaking out against the zoning change, citing of course the impact of noise from renters presumed to be, gasp, students.

Half the current housing on Butterfield Terrace is owner occupied.  Units requesting Zoning Change:  35,43,51,61

The petitioner was forthright about wanting the zoning change to allow for development, but did say they could end up owner occupied or senior housing.

 Only one of six housing units on Pokeberry Ridge is a rental

The Planning Board voted 5-1 to recommend the zoning change to Town Meeting.

Planning Board Chair David Webber

Although, with the batting average the Planning Board has had with Town Meeting of late, that recommendation could do more harm than good.

Net Zero Building Approved

Red oval location Crotty Hall, Phillips Street red underline, Gordon Hall above oval

After surprising setbacks at earlier municipal meetings the new Crotty Hall, somewhat a twin to Gordon Hall at the Gateway to UMass/Amherst, received unanimous Site Plan Approval at the 2/18 Planning Board public hearing.

 Rendering from North Pleasant Street

Building Commissioner Rob Morra had determined the 10' side setback bordering Phillips Street was not in compliance (should be 20') with one of the few zoning regulations that can apply to tax-exempt educational institutes protected by the Dover Amendment.

That order was appealed to the Zoning Board of Appeals and at their 1/29 meeting a two-hour discussion ensued with neighbors complaining about noise from the current Gordon Hall and the new building possibly stealing a sliver of land from #23 Phillips Street.

Phillips Street is the most notorious street in all of Amherst mainly because it's almost entirely non-owner occupied.  Jim Turner, #23 Phillips Street, and main complainant to this new building is the only owner occupied unit on Phillips Street which directly abuts the proposed Crotty Hall.

Mr. Turner also pointed out that Crotty Hall will be tax-exempt and perhaps the Planning Board could work out a deal for Payment In Lieu Of Taxes that could go toward the forever talked about new fire station in South Amherst.

At the ZBA meeting last month some critics pointed out the  building was not directly under the control of UMass and portrayed it as almost a rogue development.  My usually reliable UMass sources could provide little information at the time because  Political Economy Research Institute is a tad hands-off from UMass proper.

But at the follow up ZBA meeting 2/12 the three member board unanimously overturned the decision of the Building Commissioner on the side setback issue.

And this time with the Planning Board they took no chances and had rookie Deputy Chancellor Robert Feldman show up to tell the PB UMass was "extremely excited" and that the "innovative building fits into their long range plans."

The Planning Board then voted unanimously (5-0 with 2 absent) to approve the Site Plan for Crotty Hall.  To the celebration of the UMass crowd in attendance. 

Baptist Church (rt), Gordon Hall (center) Phillips Street (left)

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