The Cost Of Delay

The Mill District

After innumerable public meetings before a bevy of boards and committees leading up to the all important Zoning Board of Appeals Comprehensive Permit hearings, Beacon Communities representatives must feel like one of those purported abductees taken aboard an alien vessel for a close up examination including pokes and prods of every pore.

At the outset the ZBA scheduled three dates for examining the mixed use $45 million proposal, with January 5th being the final one at which they would vote on the measure which requires a two thirds vote to pass.

But at last week's Select Board meeting Town Manager Paul Bockelman told the SB an additional meeting would be required and the next one on the ZBA calender was January 19.

Chair Alisa Brewer somewhat bristled at the news wondering why the extra meeting was necessary and why it was scheduled two weeks from the 3rd one rather than only one week which is the way the Select Board handles important hearings.

Turns out the ZBA has not yet posted the date for that final meeting as they are trying to come up with a night that works for all concerned but it would be sooner than January 19.

Since the 130 unit development is providing 26 units of desperately needed subsidized housing Beacon is seeking tax credits and financing from the state to make the project work and need to have all approvals in place by mid February.

Beacon will also be seeking Select Board approval for a property tax reduction on those 26 below market rate units under the "Affordable Housing Property Tax Incentive" passed by Town Meeting two years ago, an important legacy legislation championed by the late Town Manager, John Musante.

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The usual NIMBYs have attacked the project with the usual complaints about being too big and leading to the destruction of the historic character of their neighborhood like Godzilla stomping through Tokyo.

More ominously they brought in a hired gun attorney to the last ZBA hearing, which of course brings up the prospects of a nuisance lawsuit hoping to delay the project, causing Beacon Communities untenable financial losses.

The same desperate strategy unsuccessfully used against One East Pleasant Street 18 months ago.

But NIMBYs never learn -- especially in Amherst. 

A Plethora Of Pot

Pot is now legal to grow in Massachusetts

The Amherst Select Board, keepers of the public way, is greatly concerned about the implementation of recreational pot which is already legal to grow and share as long as you don't charge for it (wink, wink). 

In their official letter to our good friend Senate President Stan Rosenberg and Speaker of the House Robert DeLeo they outline four requests:

(1) Allow a local municipality an easy way (Town Meeting) to delay recreation sales.

(2) Allow a local municipality an easy way (Town Meeting) to limit the number and location of recreational pot establishments.

(3) Rethink the "home grown" provision so Amherst is not overrun by free recreational pot.

(4) Rethink the 2% maximum local option sales tax on retailers.

The current law allows Amherst to limit the number of recreational pot permits to (a) either no more than the number of medical permits issued or (b) 20% the number of alcohol sales permits.

 55 University Drive received Special Permit from ZBA on June 30th

The Select Board issued four "Letters of Support" for medical marijuana businesses already and two of them have gained the necessary Special Permit from the Zoning Board of Appeals.

But ZBA Chair Mark Parent strongly suggested he would not approve any more than two based on market projections for medical marijuana in Amherst.

169 Meadow Street, N. Amherst received Special Permit July 21st

And Alisa Brewer pegged the number of recreational pot permits that could be issued based on 20% of alcohol permits at three.

Either provision requires a referendum vote at our local election and either provision can be added to the ballot with a simple majority vote of the Select Board.

So at the very least the Select Board should place the limiting provision on the upcoming end of March local election ballot and if they want the least number of recreational permits, tie it to the number of Medical permits issued which may very well end up being only two. 

And to limit it even further simply grant the two medical facilities those two recreation permits, which the state already seems to condone.

Since the revenue to the town is based on a percent of sales (2%) the tax revenues to the town stays the same if it's 2 facilities satisfying the market or 22.

DUI Dishonor Roll

Drunk Driving costs the United States 132 Billion per year

So let's hope this coming Christmas weekend is a drunk free one at least when it comes to driving.  Unlike last weekend where Amherst police took these two drivers off the road.

And since both volunteered for the Breathalyzer test and failed the best they can hope for is the standard 24D plea deal disposition (or I suppose be declared innocent by a jury of their peers).

 Richard Huntoon, age 39

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Jason Howard, age 21

Targeting The BIG Ones

Townehouse Apartments East Quad 4:30 PM Saturday 10/30/16

Townehouse Apartments East Quad 4:00 PM 4/24/16

If the Campus & Community Coalition has anything to say about it l-a-r-g-e rowdy outdoor parties will go the way of the party houses that plagued our neighborhoods for too many years: silent.

Connie Kruger told fellow Select Board members at their last meeting because the town's Rental Permit Bylaw and a some zoning tweaks have dramatically reduced individual party houses the CCC will be focusing more on preventing the large day drinks that formerly seemed to occur only once a season but lately seem to occur any nice weekend in spring and fall.

 Hobart Lane 3:30 PM Saturday 4/30/16

 Townehouse west quad 4:45 PM 4/23/16

One of the weapons they have always had at their disposal but never used is the ability to fine not just the tenants responsible for hosting the large party but the owner of the property as well.

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Once landlord's start getting hit with $300 fines they may figure out a way of reining in their tenants -- even if it means eviction.

A Horrible Tragedy

The District Attorney's office released a statement late this afternoon in the tragic death of a 67 year old Amherst woman last night and I guess I can see why they took their time issuing it considering the unthinkable reality of what happened.

When was the last time you looked behind your car at night to see if someone was flat on the ground near the rear tires before backing up?

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So I guess the bricks and mortar media was close when they originally portrayed it as a "car vs pedestrian."

But after the horrendous incident in town center six weeks ago where a drunk driver piloting a speeding truck trampled a man sitting on a bench waiting for a PVTA bus, people are naturally suspicious.

Especially when they see the phrase "State Police have been called in to investigate" which insiders know happens with ANY unattended death. 

Transparency is always the better option, even when the facts are so jolting. 

Round Two: Final Round?

Over 400 signatures handed in yesterday afternoon

The Town Clerk's office certified the 200 signature required to bring the $67 million Mega School back to Town Meeting for a second bite at the bitter apple.

The first time around it failed miserably and stands little chance of gaining the two thirds vote it needs to pass, since the meeting will be happening prior to the annual election (March 27) so the exact same Town Meeting membership will be voting on the exact same proposal.

The Select Board will meet Wednesday morning to confirm the Town Meeting date for the single article warrant so it will probably happen a day or two before February 1st.

Can You Hear Me Now?

Amherst Select Board meeting via remote viewing

The epic 5-4 vote of the Charter Commission on Monday night in favor of a Mayor/Council to replace antiquated Select Board/Town Meeting was kind of like the Battle of Midway, a major turning point.

But it would have been far less dramatic if it had been a 4-4 tie.

Which is why the Charter Commission asked our illustrious Select Board back in mid-June to allow them the common sense ability to do "remote participation" via Skype, Facetime, or even old fashioned conference call.

A member can participate and vote on something but they do not count towards a quorum.  Thus a 9 member body could not have 5 members participate via remote participation.

The state allowed it back in 2012 and the Regional School Committee started using it years ago.

The diffident Select Board is overly concerned because it's not just something they can grant to a particular committee, otherwise they probably would have instantly granted to the Charter Commission, but it's simply an all-or-nothing declaration.

And apparently they don't overly trust some of our many committees to figure out 21st century technology even though the average 8-tear-old has no problem doing it.

Town Manager Paul Bockelman, no stranger to using social media, will bring back a proposal for  their January 9 meeting.

Thus it should be in place for some of the epic Charter Commission island hopping engagements coming up soon where members have already stated they will not be physically able to attend.