Inclusionary Zoning: The Other 10%

 

Amherst Planning Board December, 2014

Last night after more than a year of public discussion the Amherst Planning Board voted unanimously to support an Inclusionary Zoning article to replace the current ineffective one by relying on simple math (the 10% solution), offset bonuses (extra market rate units) and some easing of regulatory requirements in the business district for building height, coverage and set backs.

The hope is this will be an incentive for housing developers to pitch projects that will increase overall housing supply with at least 10% of that, "affordable."

The Planning Board had originally produced a draft article for Town Meeting last year but ran into stiff opposition from the Chamber of Commerce and Business Improvement District over concerns about downtown property, which is more expensive to develop.

In addition to the zoning article, Town Manager John Musante told the PB last night that he is seeking other remedies such as tax breaks to work hand-in-hand with this new Inclusionary Zoning article.

Although Planning Board Chair David Webber expressed disappointment that Musante did not bring along a firm proposal.

Later in the meeting Senior Planner Chris Brestrup did assure the PB that town officials are working diligently to come up with a financial proposal for the upcoming annual Town Meeting to work in tandem with this zoning article.

Amherst, like many college towns, has an across-the-board housing shortage which drives up prices.  Absentee landlords buy up single family homes, convert them to 2 family homes, and rent out to 8 unrelated tenants, aka students. 

Regulatory hurdles combined with well organized BANANAs (Build Absolutely Nothing Anywhere Near Anybody) effectively strangles new supply -- especially affordable units. 

To be enacted the Inclusionary Zoning article will require a hard to achieve two-thirds vote of Amherst Town Meeting and be approved by the Attorney General.

   Amherst Inclusionary Zoning

Can We Chat?

Click to enlarge/read.  Or follow @BlarneyChat (he could use the help)

Fade and Yik Yak are pretty easy to join -- even for folks well beyond their "college aged youth" -- thus giving easy access to the best laid plans of that small minority of party hardy types still reveling in the recent past.

So BlarneyChat, a semi-private chat room, is a pretty good idea.  Only allow like minded Nitwits who can prove they are a UMass student.

Although I'm sure UMass can find some of their "Team Positive" types to act as infiltrators.

And since my friend "BlarneyChat" only has under 10 followers on Twitter, I do have to wonder how many kids have joined his chat room. 

I do have to admit Fade is pretty funny

Regionalization Round Up

Andy Steinberg, Katherine Appy, Alisa Brewer

Maybe it was the snow squall that hit about an hour before the scheduled 6:00 pm start or maybe parents were busy getting dinner on the table, but last night's turnout for the 1st public forum on school regionalization since the Regional Agreement Working Group issued their three-years-in-the-making final report was less than encouraging.  Way less.

In fact Amherst School Committee and wanna be candidates for same and Select Board members outnumbered parents or Amherst Town Meeting members, the main target demographic for the forum.

 Empty chairs outnumbered spectators

Amherst School Committee Chair Katherine Appy extolled the virtue of an "aligned" curriculum.  Currently when the elementary students from Leverett and Shutesbury hit the Regional Middle School at 7th grade it reportedly takes months "to get them on the same page".

Although Ms. Appy was careful to say they were not less fit as students.

Currently Superintendent Maria Geryk has to prepare reports/budgets for three different school districts:  Amherst and Pelham elementary grades and the Region grades 7-12.

Each district requires 110 reports or 330 total.  Blending them all into one region would reduce those state mandated reports by two-thirds.

The 7-12 Region is comprised of four independent towns -- Amherst, Pelham, Leverett, Shutesbury -- all of them proud of their non-aligned elementary schools.  Thus they are like Greek city states prior to the Persian invasion.  Happy with their ethnocentric independence.

Andy Steinberg presented the economic argument which he described as "A lot harder to explain."  The first year of full regionalization would only see a 2% savings and that's probably a best case scenario.

Savings come from state regional transportation reimbursement and two towns -- Leverett and Shutesbury -- breaking free of their current Union alliances with other districts.  But those savings are pretty much offset by teacher pay increases for bringing their elementary teachers up to the current pay scale of the Amherst Region.

Steinberg worries that with revenues not keeping pace with expenditures, two of the partner towns may someday vote down their assessment for the Regional 7-12 budget in order to help fund their elementary operations.  The Regional Agreement requires 3 of 4 towns approval to pass the budget.  

The Regional Agreement also requires unanimous approval in order to amend it.  All four Town Meetings would need to approve the newly expanded Region, after the Regional School Committee has supported the idea with a two-thirds vote.

Shutesbury has already all but declared a "NO" vote, which alone kills the idea.  Since they could vote yes to allowing the region but then vote no to joining it, why would they spoil the parade for other three towns?

Probably because they fear the newly expanded Region would not be as cost effective as advertised and would lead to an increase in their grades 7-12 assessment, which is hard enough to pay under current conditions.

Last night Katherine Appy was vague as to whether the Regional School Committee would even come to an official vote at their upcoming March 10 meeting.

And with their next scheduled meeting after that not until April 14 -- too late to get the issue on  Town Meeting warrants in all four towns -- March 10 is pretty much do or die.

Or I should say, do or delay.  

Stop! In The Name of NIMBY

Only eastbound traffic has a stop sign at Pine/Henry Street intersection

The same folks who cost Amherst taxpayers $32,000 in land court legal fees to protect their "historic" North Amherst neighborhood from a housing development that would have generated $400,000 in annual taxes, now wants to turn their little slice of paradise into a slow go zone for evil automobiles.

A three-way stop, speed bumps, and the closing off of the most northern end of Henry where it intersects with Market Hill Road would definitely scare off traffic.  But both the DPW and Public Works Committee gave the self-serving idea a resounding "NO".

The Select Board has final authority.  They are, however, awaiting a major transportation study report coming out soon from Nelson/Nygaard Consulting Associates and may use this as a test case for how to handle traffic mitigation requests town wide.

For the time being they accepted the recommendation of the DPW and Public Works Committee.

Let's hope the petitioners don't file suit against the town.  Again.  

 Pine/Henry Street intersection looking east

Gaming The System

Conditions for "Failure to Disperse" charge being dropped

If Thomas C. Donovan, age 22, was so confident Amherst Police infringed on his First Amendment rights at last year's Blarney Blowout then why did his lawyer sign a Tender of Plea or Admission & Waiver of Rights" back on May 15th, 2014?

As we all know from the O.J. Simpson case a criminal jury must find guilt "beyond a reasonable doubt," whereas a civil jury is bound by a lesser threshold: "preponderance of the evidence."

Had Mr. Donovan not taken the "diversion" from criminal to civil plea deal with the dropping of "disorderly conduct" charge, he could have had his "trail by jury."

The Assistant District Attorney would then have to convince a jury "beyond a reasonable doubt" to acquire a unanimous decision of guilty.

But Donovan took the easy way out, and now wants to cash in big time by filing a federal civil rights lawsuit. 

DUI Dishonor Roll

Austin Hiller stands before Judge John Payne

In Eastern Hampshire District Court yesterday Austin Hiller, age 19, had a plea of "not guilty" entered in his behalf by Judge John Payne and his DUI case was continued until April  2 so he could hire a private attorney.

Considering he took the legally admissible in Court breath test back at APD headquarters, he should probably save himself the attorney fees and simply take the Chapter 24D deal that state always offers for 1st time offenders:  $600 in fines, alcohol education program, probation for one year and loss of license for 45 days.

Proven Track Record?

McMurphy's Uptown Tavern 9:45 AM

Well at least the Gazette did not put this front page story about bars opening late on Blarney Blowout above the fold.  Although they still forget to mention how important weather will be on Saturday.

Since Amherst Select Board members are the town Liquor Commissioners they can do pretty much anything they wish with a liquor license.

So you have to wonder how hard it was for the Town Manager to "negotiate" a later bar opening on Saturday when the town could simply have said, "Okay fine, we're suspending all alcohol sales on Saturday in the name of public safety."

After the disaster unleashed in town center in 2012 the Select Board should have suspended McMurphy's and Stacker's liquor license for a few days to send a message, which would have gone a long way towards avoiding the riots in 2013 and 2014.

Now they are giving them a medal for "working toward the common good."  Better late than never I suppose.