Pot Delayed Is, well, Pot Delayed

It is still legal to grow your own pot and share with friends and family

So apparently only two State Senators can upend the will of the voters and enact a six month delay on the commercial sale of marijuana in our fair state, moving the original deadline (six months) from one year from now to 1.5 years from now.

The measure passed in Amherst almost as overwhelmingly as the town supported Hillary Clinton for President.

Originally municipalities had until January 1st, 2018 to line up their ducks for granting permits for recreational sales, or at that point any facility that had approval to sell medical marijuana could then start selling it to anybody over the age of 21 with no medical approval required.

Now that drop-dead deadline has been pushed back to July 1st, 2018.  The measure still requires the approval of Governor Baker but since he's an opponent of recreational sales I'm sure he will be happy to sign the delay.

In an unusual meeting this morning the Select Board met to call a Special Town Meeting to revote  the $67 million Mega School.

 Select Board met this morning and can place anything they want on town ballot

Chair Alisa Brewer also confirmed the SB would soon discuss the idea of placing on the Spring ballot a referendum question allowing Amherst to limit the number of permits for recreational sales to either 20% of the liquor licenses issued, or the same number of medical marijuana dispensary permits issued.

Either measure would limit the number of recreational pot facilities to three or less.  And it's a safe bet UMass will be arguing for less.

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.