Zoning Bylaw Safely Upheld

382 North Pleasant Street

If the town ever wants to generate revenue on the side they could always hire out the Building Department as private investigators.

Last night after a thorough 30 minute presentation by Building Commissioner Rob Morra the Zoning Board of Appeals, with little discussion, unanimously affirmed his October 2 enforcement order to the owner of 382 North Pleasant Street declaring it in violation of the town's four-unrelated-tenants-per-one-family-unit bylaw.

 13 names show up associated with 382 N. Pleasant Street address

Morra used Amherst police license checks to definitively show 8 tenants were members of UMass Alpha Epsilon Pi fraternity (which coincidentally has no official address) and anther two cars present during the month of September were also owned by frat members, bringing the total to 10.

In addition two more names showed up when police were called to quell a party there on July 4th.

Mr. Morra also presented photos from a Facebook page showing gatherings on the front porch and back parking lot of the house at 382 North Pleasant Street plus Internet comments about how they threw great parties.

Amherst Fire Department assisted by monitoring the parking lot behind the building during the month of September and routinely found ten cars present in the early morning hours with cold engines indicating that had been there overnight.

The two individuals who did not register with the landlord for a parking permit also just happened to be employed by the landlord, Clifford Laraway, who also owns the Subway in town center.

After the October 2 order from the Building Commissioner they went to Town Hall and took out a downtown street parking permit and indicated they worked at Subway.  They then simply started parking near 382 North Pleasant Street, but not in the official back parking lot.

The defendants put up a pitiful rebuttal providing signed statements by (supposedly) all eight tenants saying they were the only tenants in the two unit structure.  Lawyer Tom Reidy also provided copies of eight checks used for security deposits.

But when questioned about the two individuals who work for his client at Subway, Mr. Reidy could only provide their (non local) home addresses.

In addition during their brief discussion of the evidence ZBA Chair Mark Parent also brought up the site visits that showed numerous extra mattresses in storage and extra rooms locked from the outside with a padlock.

At 7:30 PM, one hour after the hearing started, Mr. Parent made the motion to uphold the order of the Building Commissioner due to "overwhelming evidence the building at 382 North Pleasant Street was occupied by more than eight tenants."  The motion passed unanimously.

The board then moved on to the continuation of the Special Permit hearing to allow the structure to remain a "two family" unit with no more than eight tenants. 

AFD Chief Nelson had issued an order on October 29 requiring the owner to "Install Adequate System of Automatic Sprinklers" because AFD considered the house a "boarding house."

 AFD Chief Nelson telling the ZBA, "Safety is our main concern."

But the Chief said he would hold off on enforcing that order if the ZBA declared the property a two family duplex and instituted conditions that made him believe the landlord would enforce the eight tenant occupancy cap.

ZBA member Tom Ehrgood was visibly angered by the Appeal Hearing saying, "I've lost some confidence in Mr. Laraway.  How is it his two employees are parking in his lot without him knowing it?  Every one of those tenants made a false statement!  How do we know everything is not a fictional scenario?"

Unhappy landlord Cliff Laraway (left) befuddled attorney Tom Reidy (right)

Soon thereafter Mr. Laraway was angered to the point of shouting over the contention the rear fire escape needs to be certified by a structural engineer as soon as possible.  Laraway muttered that was "yet another $2,000 bill.  That's ridiculous!"

ZBA Chair Mark Parent shot back "Safety is not ridiculous".  Chief Nelson added, "Bottom line is we want them to have a safe building.  We want to work with them to ensure safety."

Building Commissioner Morra also pointed out he could fine them $1,000 per day for having an unsafe fire escape.

After 2.5 hours of give and take the ZBA unanimously approved the Special Permit for the building to be a two family house as long as the owner follows all the conditions, mainly centered around keeping the number of tenants to eight.

The Building Commissioner is only issuing a temporary certificate of occupancy through May 31, the end of the lease for current tenants.  But by September 1st the owner will install a knox box, wired fire detection panel, certified safe fire escape, and a management plan/lease that helps enforce the 8 person limit.

Between now and June 1st town officials will make three "safety inspections" with only 24 hours notice to the owner, and thereafter one per semester.

The parking plan can retain 10 spaces although stricter language in the lease will now clearly describe the two "guest" parking spots cannot be used more than 3 nights consecutively.

 Two guest parking spaces will be more closely monitored

The Special Permit will come up for review at a public hearing in a year just to review how the new management plan is working.

Building Commissioner Rob Morra told the ZBA that between now and then, "We will be watching them."  Cue the Jaws theme.

 Conditions that must be met and maintained

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Another Day, Another Massacre

It's getting that our flag is down in a position of mourning so often that people will start to tune it out. 

If they haven't already.

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UPDATE 3:00 PM:

This is an update to the below order from Governor Charlie Baker. *In accordance with the Presidential proclamation Flags will remain at half-staff until sunset on Monday, December 7, 2015.

This Old House

1146 South East Street a few years back

All that remains today

One of the downsides of Amherst having over 50 boards, committees, task forces and working groups is you have to staff them all.  Last August for instance the Historical Commission was down three members and as a result could not muster a quorum to hold a "demolition delay" hearing. 

So the grand old house at 1146 South East Street, with of course a great view of the mountains to the east, ended up slipping through the cracks.  And now it's history. 

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The most the Historical Commission could have done was to enact a one year demolition delay, although at their last meeting they are discussing trying to enhance their powers to delay demolitions for 18 months.

Either way, too late for this old house.

Sudsy Santa

And what's that Santa is holding in his right hand?

The kiddies promoting this childish event took umbrage at the Santa Con (Manhattan) photos I used to illustrate my post when I first broke this sordid story, and two weeks later they are still crying about it on the front page of the venerable Daily Hampshire Gazette.

But it was okay for them to use a photo of an obviously passed out drunk Santa in their Facebook promotion of the event?

Which also exposes their true motives for unleashing on our downtown this travesty.

Ho, ho, hick-up.

 Today's Gazette:  "Jollity" indeed

DUI Dishonor Roll

Michael Ketcham, age 25, stands before Judge Payne

Both APD impaired driver arrests last weekend submitted to breath tests that showed they were too much under the influence of alcohol to be driving, but then one of them changed his mind and refused to take the official chemical breath test back at the station, which is admissible in District Court.

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 Portable Breath Test result of .114 is inadmissible in Court

As a result Michael Ketcham will automatically lose his license for 180 days.  But he did tell Judge Payne he would be hiring his own attorney for his next pre-trial hearing in January.

And a DUI attorney loves it when you refuse the official chemical breath test because that obstinacy cannot be mentioned to a jury should the case go to trial.

Jacob Bodee, age 21, stands before Judge Payne

Since Mr. Bodee did take the official chemical breath test back at the station he should simply take the standard state offer of a 24D disposition and save himself an expensive attorney fee.

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Signs

A most Catholic time of year

Even more holiday decorations being installed downtown

DPW put out the free, free, free sand pile

Essential Voyage artwork at base of Merry Maple almost gone

Ruh-Roh On Red

UMPD had to attend 2 Eastern Hampshire District Court hearings

I always try to blend in when covering Eastern Hampshire District Court proceedings and since they deal with a cross section of the Happy Valley it's not all that hard to do.

 I also only use an iPhone for photos so I can be as inconspircous as possible, although I do carry a classic reporters notebook and old fashioned pen to take notes which does tend to stand out.

And on occassion I've been known to mutter under my breath -- but loud enough for some court officials nearby to hear -- when someone appears for their 4th or 5th DUI offense.

Or I occasionally laugh out loud at one of Judge Payne's animated expressions.

But yesterday was the first time I had to resist the urge to raise my hand and offer input on a matter as though I were attending an Amherst public meeting.

A woman was given a ticket for "failure to stop at a stop sign" at the intersection of University Drive and Massachusetts Avenue, a leading gateway to our illustrious University.

She had already lost the Clerk Magistrate's Hearing and was now appealing that to the Judge.  She told Judge Payne that after the first hearing she returned to the scene of the crime but could find no stop sign.

The officer responded that a flashing red light is a stop sign and she did not come to a complete stop.  Judge Payne agreed with the officer and upheld the ticket.

For those of you who come upon that intersection for the first time you probably think it's under repair and that is why the lights are flashing: red if you are on University Drive and yellow if you are on Massachusetts Avenue.

But they are always like that, going on many, many years now.

Yet the intersection is only a stone's throw away from the one at Massachusetts and Commonwealth Avenue, where the traffic lights are fully signalized.

And if you are on University Drive taking a right (which should be a "right turn on red") you can see all the way into Hadley to your left for oncoming traffic.

With as many Planners as UMass employs you would think somebody could tweak the lights at that busy intersection to serve a more useful purpose.


Yes, I did roll through this yesterday while enroute to a "box alarm" at Du Bois Library