Searingly Powerful Symbols

Belchertown Civil War monument, Town Common

The two hour public hearing in the quaint little college town of Amherst regarding the flying of 29 commemorative flags in the heart of the downtown had a particularly dramatic moment: a UMass professor branded the flag, "A symbol of terrorism and death and fear and destruction and repression ... it's nothing to be proud of."

And no, she was not talking about the Confederate battle flag.

Ironically enough terrorism, death, fear and destruction would rain down from the brilliant blue skies only 12 hours later, the worst foreign attack on American soil in the entire history of our nation.  But that was almost 14 years ago, and life goes on.  For us. 

Because of my -- some would argue "in your face" -- insistence the commemorative American flags be allowed to fly every 9/11 to honor and remember the 3,000 slaughtered that day, a "deal" was brokered.  

Kind of like the deal brokered in South Carolina to move the Confederate battle flag from the State Capital building to a nearby historic monument.

Select Board Chair Gerry Weiss proposed they be allowed up once every three years to reflect the shameful 2007 Town Meeting vote that rejected my request by a two-thirds majority.  So in 2009 they did fly in the downtown. 

But then it occurred to new Select Board Chair Stephanie O'Keeffe that the restrictive deal would prevent the flags from flying on the 10th and 20th anniversary.  

So when I went to the Select Board in 2010 with my annual request, not only did they say "no" (although two-of-five voted "yes") to that year, but they then changed the "once every three years" to once every five for "milestone anniversaries".

So that's why the commemorative American flags are not allowed to fly this coming 9/11, but will fly next year on the 15th anniversary of that awful morning.

Simply because the politicians seem to think there's still a (significant) number of citizens who could agree with the UMass professor from all those years ago.   

It's time to change both those deals brokered over the flying of flags.

Can We Talk?

Sunderland and Montague Road branch off after intersection of Pine/Meadow/North Pleasant

The town is sponsoring an open forum on Wednesday night seeking input about redesigning the funky intersection of five roads all converging in the North Amherst Village Center.  And of course any improvement in infrastructure could lead to, gasp, increased development.

Thus the NIMBY/BANANA crowd will be out in force issuing the standard warning shot across the bow about "student housing".  As in, can't have any of that.

Form Based Zoning would have allowed denser developments in our Village Centers, exactly where the town's Master Plan said they should occur.   But it was defeated -- TWICE -- in Town Meeting, although both times garnering well over a majority vote.

Only a year later the nefarious impact was felt as the state turned down our $4 million MassWorks grant proposal to rebuild Pine Street, a main thoroughfare serving North Amherst.

 Pine Street connects North Amherst Village Center with "historic" Cushman Village

One of the main criteria for state grant funding is future "economic development." And without Form Based Zoning helping to stimulate that, the state decided North Amherst was not going to see a lot of development in the future, and therefor not worthy of their $4 million investment. 

Although at least one developer continues to swim against the tide.

Cinda Jones went ahead anyway with the 12,000 square foot Trolley Barn, the first new mixed-use building in North Amherst in a generation.   And the wider area know as The Mill District continues to attract high end operations like Atkins Country Market. 

Trolley Barn:  12,000 square foot, three-story mixed use (residential/commercial) building

But rather than subdividing a 4,000 square foot floor  into smaller more efficient living quarters for additional people, because of the current antiquated zoning she can only market them as two "luxury apartments".  (Or perhaps a bowling alley)

 Atkins North opening in August

Even more ominously those narrow zoning defeats occurred back in the Fall of 2011 and Spring of 2012.  Since then two "citizen zoning petitions" that would have effectively detonated a dirty bomb in downtown business district both garnered MORE THAN A MAJORITY of Town Meeting support this past Spring.

So whatever solutions the group discussion comes up with Wednesday evening for badly needed infrastructure improvements to North Amherst Village Center, "the dirty hands district", safe bet they go nowhere when it comes to execution.

Because our current form of government allows -- some would say "encourages" -- a minority of vociferous opponents to torpedo any meaningful development.

Cowls Building Supply celebrated 35 years in business yesterday.  One of the few brights spots for North Amherst commercial activity and founding business in the Mill District.   

A Different Taste?

Taste of Amherst Thursday 6:45 PM

Next year on the 25th silver anniversary of the Taste of Amherst food offerings may not quite be the same as they have since inception.  As in, no fresh fried food on site. 

Because of a relatively new law that requires open air fryolaters to have an (expensive) fire suppression system, like they do inside a bricks-and-mortar restaurants, their use at the Taste of Amherst will cease next year.  Currently six venders out of 21 use fryolaters.

 Click to enlarge/read

 Assistant Chief Don McKay Statement

When it comes to the Taste of Amherst, an iconic culinary event the town is justifiably proud of, cooperation from all stakeholders is key.  Perhaps the main reason the Taste has been a huge success all these years.   (Besides the great food of course.)

But nothing is more paramount than public safety.

Town Meeting recently approved spending $10,000 for "spider boxes" to mitigate electrical chord chaos that ensues on the Town Common with major events like The Taste.  Because electricity can be a dangerous thing.

Anyone who has ever experienced a grease fire knows how explosively scary they are.  Mix in a multitude of untrained civilians near combustible tents, and you have a recipe for disaster.

 Fryolators are segregated off in their own enclosed area (not under a tent)

The Chamber of Commerce will meet with town officials at the conclusion of this year's Taste to cook up a firm plan for next year, which could include appealing AFD's interpretation of the law to the State Fire Marshal or simply requesting restaurants not offer food that requires a fryolator.

Venders could also fry food at their regular establishment and then ferry it to the Town Common.  

AFD Fire Prevention Plan for this year's Taste of Amherst 

Taste of Amherst Friday 5:45 PM

Everybody Into The Pool(s)

War Memorial Pool, located next to Amherst Regional High School

The 60 year old centrally located War Memorial Pool, aka the "big pool", will open tomorrow and next week Mill River out in North Amherst follows suit.

The "little pool" located next to War Memorial was ripped up over the winter and now is but a hard brown circular patch that would make a great UFO landing zone.

Former location of wading pool

Mill River Pool opens Saturday June 27

Groff Park Wading Pool will also open next week for its final season (It too will become a UFO landing zone)

The central sprinkler was removed a few years ago at Groff Park over safety concerns

ZBA Do Over

382 North Pleasant Street Saturday early afternoon (note beer pong bottom rt)

382 North Pleasant Street, A "house" with a long history of rowdy behavior, came before the Zoning Board of Appeals last week with the (somewhat) new owner wishing to renew it as a two-family unit allowing 8 unrelated tenants.

A ZBA 2006 decision had denied a Special Permit for it to continue as a fraternity/rooming house which it was originally built as in 1967.

 382 North Pleasant Street September 3, 2014

Parking was the initial issue this time around as the new owner (Clifford Laraway) wanted  13 parking spaces and the ZBA and neighbors wanted it far fewer at 8.  The compromise was 10 total,  8 parking spaces for tenants and 2 for guests.  

But the current tenants don't seem to follow the rules very closely. Attorney Peter MacConnell insisted there was an "education period" required.

ZBA member Keith Langsdale took issue with that saying the parking citations had been issued in April and presumable these tenants had been living there since September, which doesn't say much for the "education" process.

Outgoing ZBA Chair Eric Beal was greatly concerned about the number of rooms in the building and how many of them seemed to give indication of being used as bedrooms well beyond the eight maximum allowed by law.  A number of "living rooms" had doors on them.

And during a site visit in April six beds were spotted stored on the 3rd floor.

Assistant Fire Chief Don McKay drew a line in the sand saying in a memo that AFD would only support the special permit renewal if a new improved fire alarm system and Knox box were installed, and the removal of an underground oil storage tank.

When he made his inspection of the inadequate fire system back in April Assistant Chief McKay noticed 12 cars parked (a violation of the 10 car parking plan) and they all had cold engines, indicating they probably had been there overnight.

The June 11 meeting was a continuation from October 30, 2014 initial start (with other hearings continued to December 11, 2014 and May 14, 2015) so the original three ZBA members must make the final decision.

All three board members wanted to see a floor plan that clearly showed where 8 bedrooms would be located.  Not the "bedroom/living room" either/or format that they were given that night. And Mr. Beal suggested the doors be removed from any room designated as a "living room" or "pantry."

Chair Eric Beal was retiring as of the end of the meeting.  The ZBA never adopted the Mullins Rule (where a member can miss one meeting as long as they listen to the recording) so the petitioner had to formally withdraw and must now resubmit a new Special Permit application, although the board did waive the fees. 

New owner has shown some initiative

382 North Pleasant rap sheet (yellow highlights indicate when new owner took over)

Parking Report

Not hard to find parking on a Sunday morn after UMass lets out

Senior Town Planner Jeff Bagg has become the de facto Parking Czar having helped organize three public forums on the issue over the past year co-sponsored by the Select Board, keepers of the public way, and the Planning Board.

 On Monday night he presented a "draft report" to the Select Board thus kick starting a process that will hopefully lead to solutions that can be implemented in our lifetime.

 Jeff Bagg presenting parking study draft report to Amherst Select Board

By far finding #1 was "Begin planning process for new parking facility now" with 84% of respondents supporting the question (all of them drivers no doubt).  The other major finding is for the town to figure out a way to "maximize the efficiency and availability of existing parking supply."

 Click to enlarge/read

And the key suggestion is to do both simultaneously, since constructing a parking garage takes more time than some downtown businesses have to spare.  The "100 years war" was named after the first fiasco erecting the Boltwood Parking Garage 15 years ago. 

Existing parking lot behind CVS is perfect spot, but half privately owned

De Facto Monopoly?

The lucrative cable license for Comcast expires in October, 2016 so the town has revived the Cable Advisory Committee, kind of like locust that spends most of their life time in hibernation before noisily coming back to life.  

The Committee met yesterday for the 1st time in almost ten years.  Town Manager John Musante and legal consultant, Boston attorney Peter Epstein, also attended.  Epstein told the committee he was the attorney who wrote the cable agreement 3 cycles ago in the mid-1980s.

 Kris Pacunas was voted Chair

Since cable franchise is such a special field we are not using our regular town attorney from the firm of Kopelman & Paige.  Mr. Epstein is being paid $200/hour and will probably cost in the neighborhood of $20,000 total.

 Attorney Epstein (2nd from left) meets with Cable Advisory Committee 6/16

This year the contract is worth $6.3 million to Comcast and the town's 5% cut comes to $317,000 so not a lot of money to spend making sure the town doesn't get taken to the cleaners in the next contract.

Amherst provides 7,000 total subscribers, the vast majority of them using cable TV -- but that number also includes Internet and phone subscribers, which does not provide any revenue to the town.

 Virtually all of the money ($317,000)  generated by the 5% cut  -- which attorney Epstein said is "written in stone" -- goes to local cable access entity, Amherst Media.

The money issue that could be a tad more negotiable is the one-time payment for "technology upgrade."  At the start of the previous ten-year contract that came to $450,000.  

The current contract expires in October of 2016 but the renewal could theoretically be signed early.  Right now the job of the Cable Advisory Committee is to perform "ascertainment", in other words what do the subscribers want, aka a wish list?  Unfortunately cost of service and programming is not negotiable. 

Cable Advisory member Adrienne Terrizzi said "raising awareness" is, for now,  job number one.

The Amherst Select Board is the final authority and state/federal law mandates at least one Public Hearing which attorney Epstein suggested should happen after Labor Day.  He would like to send Comcast the initial contract by November 1st and they then have two months to respond.

That triggers an additional four months of "negotiations," which hopefully result in a contract both parties can live with prior to October, 2016.  The RFP is specifically written for Comcast and is not a general RFP that could be bid on by Verizon, Charter or any other provider.

Since Comcast owns all the infrastructure required to serve Amherst it is unlikely any other company would want to come in and try to replicate that.

The Internet is not only killing newspapers but cable TV as well, so the next contract (be it 5 or 10 years) could be less lucrative with each passing year.