Rafters: Up In Smoke?

Rafters Sports Bar & Restaurant

After 1.5 hours of sometimes agonizing deliberation the Amherst Select Board, keepers of the public way and front line pot dispensary czars, voted 4-0-1 to issue a "Letter of Support" to Happy Valley Ventures, the 4th such approval (out of 4 requests) in just the last five months.

But this one was different.  W-A-Y different.

The other three involved locations that are currently unoccupied, whereas Happy Valley is buying and tearing down a local institution, Rafters Sports Bar.

Although their lawyer pointed out that the $2 million Purchase & Sale agreement (almost three times assessed value) could be matched by Rafters as they have a "right of first refusal" in the current lease.

And their C.E.O. complained that by trying to force them to address the Rafters dilemma "changes the bar" and puts them at a competitive disadvantage compared to the other three companies which is probably a restraint of trade violation.

Insert:  CEO Edward Lauth (right) & his attorney, former state senator Andrea Nuciforo

Temporary Town Manager Pete Hechenbleikner advised the SB "Any redevelopment has impact on local business.  It's best to set aside this particular business and simply ask is this a good plan for this particular site.  If so, support it; if not don’t."

To which Chair Alisa Brewer responded, "It feels irresponsible."

But in the end (at 10:30 PM) they grudgingly took the vote and possibly sealed the fate of a local long-time,  responsible -- some would argue beloved --  small business.

Rafters sits on corner lot University Drive & Amity Street at  a main gateway to UMass

Fire Station/DPW Plan B

Fort River Elementary School

The current working plan involving three of the four upcoming major building projects is a bit like playing dominoes (or musical chairs):  The new DPW to be located at the town owned Fort River School, freeing up their former location for the new South Fire Station.

 Current DPW is located in 100 year old former Trolley building

Only problem is the Fort River School is still a (mostly) functional elementary school.

Should the $35 million or so Debt Exclusion Override for the new $65+ million Mega School pass Town Meeting this Fall and the voters at the November election the grand plan will be on its way.

Although it will take a few years before the new school is completed in two phases and construction can commence with the new DPW and then the new Fire Station.

But if those best laid plans fail to pass the first major hurdle of an Override vote this Fall both the DPW and Fire Station will have to find new site locations.  The DPW already did a feasibility study that concluded the Fort River School site was #1 but they also identified at least two other adequate sites:

 1) Ball Lane, North Amherst (former Matuszko Trucking)

2) Town land between Belchertown Road and Gull pond

Although the South Fire Station project is only now preparing to undertake a formal feasibility study, at least two sites have been mentioned as a possible location that falls within state guidelines for distance away from town center (so decrepit Central Station could be closed):

1) Slobody property behind South Town Commons, Pomeroy Village South Amherst

2) Town owned South Amherst Alternative High School, South East Street

Thus this coming Town Meeting will be critical in setting the stage for all four building projects which, all told, will cost over $100 million in town funding and should last a minimum of fifty years.

And Town Meeting will be under a microscope as the Charter Commission could propose a new Mayor/Council government, abandoning the 258 year old institution.

Circle The Wagons

Once bitterly opposed Butternut Farm (now not a peep)

Vince O'Connor, a North Amherst resident, used the public comment period at Monday night's Select Board meeting to serve notice the NIMBYs would not take a new mixed-use affordable housing project at the Mill District in North Amherst sitting down.

Although he was sitting when he delivered his warning.



A "friendly 40B" would allow Beacon Communities a little leeway in zoning regulations for a denser development in order for them to be able to afford having 25% of the units be, you know, affordable.

 Beacon Communities project would go on lot between Atkins Farm and Cowls Building Supply

And presumably they would do this all on their own dime rather than relying on town funding.

A few years ago we used $1.25 million in Community Preservation Act money to help Beacon purchase Rolling Green apartments thus keeping 204 units on the Subsidized Housing Inventory and keeping the town above the 10% threshold.

Otherwise we would now be below that state mandated threshold and Beacon could simply do a regular Ch40B development.

 Vira Douangmany Cage (far left)

At the 3rd Hampshire District candidates night on Wednesday Vira Douangmany Cage told the standing room only crowd she lives in Butternut Farm in South Amherst, and her family probably would not be living in Amherst if not for that affordable development, which was the result a "friendly 40B."

As usual that project was bitterly opposed by neighbors, causing a many year delay and $150,000 in additional legal expenses.

But I'm pretty sure Beacon Communities has a pretty good lawyer, or two.



 

Pot Of Gold? (Weed That Is)

Meadow St RMD site:  3rd to get SB approval but first to go before ZBA

The Amherst Select Board on Monday night heard from Temporary Town Manager Pete Hechenbleikner that the estimated medical marijuana market in our little college town is $10 million annually. 

Can you imagine what the market will be if pot is legalized this coming November?  Yikes!

No wonder the floodgates have opened for RMDs (Registered Marijuana Dispensary) trying to be first to market in Amherst.

 85 University Drive building now under construction 1st site to gain SB approval

Interestingly there's no particular economic benefit to the town if we have, say, four dispensaries licensed versus just one.  Because the Host Community Agreements call for a percentage of sales (between 2%-3%), thus Amherst will intake around $250,000 on that $10 million whether it's one facility or four satisfying the market.

Although some minor economic benefits occur with more than just one.  Each dispensary has to donate $20,000 annually to a public charity serving the town so four dispensaries would generate $80,000 per year.

 55 University Drive will require renovations 2nd site to gain SB approval

And the facilities are on the tax rolls so the valuation of those properties will probably go up thus generating more property tax revenues.

 Amherst Select Board Monday night Pete Hechenbleikner (center)

Andy Steinberg tried to get fellow board members to call a moratorium on new letters of approval although he was careful not to use the word "moratorium" as the town attorney already advised that would be illegal.

His concern is how many dispensaries are too many?

The Select Board has already approved three.  But fellow board members felt guilty about how much power they have over RMD approval:  A no vote summarily kills a project with absolutely no avenue for appeal.

Kind of like a Public School Superintendent issuing a stay away order.

 Rafters corner of University Drive/Amity Street 4th site to seek SB approval

The Select Board voted 4-1 to grant a hearing to the 4th wanna-be at their next meeting June 20th.  That particular proposal of course could endanger Rafters, a local legend.

The other major hurdle for RMD's is our Zoning Board of Appeals, and that hurdle requires a unaniomous vote of all three members.  And one critical provision they must ascertain is if the facility, "Meets a demonstrated need."

With that in mind #4 on the list could be in trouble.   Although ZBA decisions can be appealed.

A Tree Survives In South Amherst

666 South East Street Amherst

20.5" White Oak (yellow caution tape around it)

The controversial but statuesque 20.5" White Oak at the crest of a dangerous hill on South East Street that has been somewhat on death row for three years has been given a stay of execution.  Permanently.

Homeowners at 666 South East Street first came into conflict with the Tree Warden and Shade Tree Committee when they wished to remove 7 trees in front of their house for a new driveway relocation.

Mickey Rathbun, Chris Benfey, 666 S.E. Street homeowners

But Tree Warden Alan Snow deemed the trees healthy, and required tree replacement costs of $6,000 which then made the driveway project cost prohibitive.

Back in early April this nearby oak was the subject of a death penalty hearing at Planning Board Scenic Roads Public Hearing as the original hearing for the driveway brought up overall safety concerns. 

The DPW decided to remove the white oak as a hazard (blocking sight lines) to the homeowners current driveway from cars speeding along South East Street.

The Planning Board agreed to removal in a 5-4 vote, but Tree Warden Alan Snow and the Public Shade Tree Committee strongly disagreeing with removal.

And since one member of the general public requested in writing the saving of the tree, the case was then automatically sent to the Select Board for final adjudication.

   Oak Tree In S Amherst Saved

On Monday night (very late into the meeting) Temporary Town Manager Peter Hechenbleikner told the Select Board that the owners of 666 South East Street had withdrawn their removal request.

Somewhere in the distance, a Lorax rejoiced.

To Dream The Impossible Dream

Engine 1 is a tight fit at 85 year old Central Station

The first significant progress in fifty years towards constructing a new South Fire Station occurred yesterday with two (5-0) unanimous votes of the DPW/Fire Station Advisory Committee.  Please excuse my Irish/Catholic roots: Thank God!

1)  Request Town Manager assign town staff member OPM for  (Owners Project Manager) for Initial phase fire station feasibility study.

2)  Request Town Manager to assign a town staff member to draft an RFQ (Request For Qualifications) to conduct a fire station feasibility study.

Proposed timeline for completing these two requests is by their next meeting June 30th.

RFQ released by July 29.  Committee will meet August 19th (due date for RFQs)  to review responses and select finalists who they will interview publicly.

 Millions of dollars of equipment stays outdoors at 100 year old DPW facility

Complete selection by September 1st and open price proposals.  Need dollar amounts for Fall Town Meeting by September 30th, combined with schematic design phase for DPW.

The DPW project, like the Jones Library expansion and new $65 million Mega-School, is further along than the Fire Station project, having already completed the initial feasibility study.

One of the main reasons the DPW Fire Station Committee was created is because these two projects have thus far been the red headed bastard stepchild of the four major projects that will exceed $100 million in town money.

The committee is tasked with not only coming up with efficient buildings in the right place that will serve these two departments for the next 50 years, but to also educate the public on their dire need.

I asked Chief Nelson after the meeting if he saw the unanimous votes as real progress?

"It was the long way around the barn, but it is real progress."

AFD Chief Tim Nelson (standing) Assistants Chiefs Linday Stromgren (right) Don McKay (left)

Official request to Temporary Town Manager

Long Distance Runaround

Charter Commission Vice Chair Mandi Jo Hanneke before Select Board

Charter Commission Vice Chair Mandy Jo Hanneke received a rather cool reception Monday night from the Amherst Select Board, keepers of the public way and guardians of "remote participation."

Unlike the Regional School Committee that adopted the common sense practice almost two years ago the Select Board looked at it four years ago when technology was perhaps not as reliable and never formally adopted the measure.

Amilcar Shabazz remotely peering over Maria Geryk's shoulder February, 2015


And without Select Board approval no boards or committees are allowed to grant any member who can't make a meeting due to illness or geographic distance the courtesy of Skype, Facetime or simple long-distance speaker phone participation.

Ms. Hanneke threw in everything but the kitchen sink telling SB that maybe more people would volunteer for these boards and committees if remote participation was available,  while pointing out the (18 month) "extremely condensed timeline" the Charter Commission has for coming up with a new form of government.

And although the 7 meetings so far have had perfect attendance of all nine commissioners, the next six meetings scheduled over the summer will not.

The Select Board decided to task Temporary Town Manager Pete Hechenbleikner with coming up with a research "white paper" on remote participation to present at their July 18th meeting.

And he will, of course, have to do it in person.



Library Trustee Carol Gray, looking like a zombie, peeks in to a Jones Library Trustees meeting from Egypt courtesy of Skype on Mary Streeter's mac laptop five years ago