Party House of the Weekend?

 APD Mobile Command Center on Phillips Street around midnight Saturday

There wasn't one! How cool is that?

Yes, the Extravaganja festival that attracted a massive crowd of "college aged youth" to the heart of our most public Amherst Town Common for the entire day and a sold out techno concert at the Mullins Center that started packing them in around the same time Extravaganja shut down probably had a lot do do with it.

But the main factor was more than likely a very heavy police presence throughout the town with particular attention paid to the usual suspects.  For instance on Saturday APD simply stationed a black and white patrol car at the entrance to Hobart Lane and another at the intersection of Phillips and Alan Streets.

In addition to nearly a half dozen patrol cars they also mobilized the Personal Transport Vehicle (not to be confused with Paddy Wagon) and a Portable Command Center. UMass police were also out in force as they were last week helping to patrol town territory.

But the other new impressive presence was provided by Massachusetts State Police.  Lots of them.  While I heard a Hadley police officer report back to dispatch "a dozen MSP units" converge on a party house in Hadley, I only spotted a half dozen around Amherst over the course of Saturday night early Sunday morning.

But kind of like the Texas Ranger motto "one riot one ranger," a few state troopers go a l-o-n-g way. 

Mullins Center Rusko concert lets out just after midnight Saturday

Fireground: College Street Command

195 College Street, Amherst "single family" home

By the time an Amherst police patrol confirmed "smoke coming from the building" Amherst Fire Department had already committed three engines dispatched in a hurry to 195 College Street after the "box alarm" first sounded around 10:10 PM last night.

Yes, another basement fire. And like the Hobart Lane basement fire last September this one also narrowly missed becoming a tragedy. Especially since the building inspector discovered far more bedrooms than allowed by law.

While it was only a dryer fire, I'm told the machine and all the clothes inside were incinerated with thick smoke filling the entire structure.  Like my six year old daughter, fire loves to climb.

So if it starts at the lowest point possible in a wood frame structure, it's ravenous appetite is all the better served.

Fortunately AFD stopped it in a hurry.  But when the building inspector arrived, as is standard procedure with any structure fire, he found inadequate smoke alarm system and more than twice as many bedrooms as shown on the official town property card (seven vs three).

Kind of makes you wonder why anyone would need seven bedrooms in a single family unit only zoned for four unrelated housemates? 

The house is owned by195 Amherst LLC not to be confused with 197 Amherst LLC or 162 Amherst LLC all three "sold" for $1 each by Sandra Weisman of Brooklyn, NY.  In addition Ms Weisman also sold for $1 162 South East Street with all these transactions dated December 24, 2112. 

Merry Christmas.

Note name of owner

   195 College Street Amherst Fire

DUI Dishonor Roll

Mass State Police arrested just over 5,000 drunk drivers last year

Just as last month's "Blarney Blowout" acted as a terrible turning point for town and UMass officials who now, finally, seem serious about addressing rowdy off campus student behavior (besides handing out oatmeal cookies) Saturday's shenanigans should also act as a wake up call on drunk driving.

Before someone gets killed.

Again!

At the very least it's time for another State Police "sobriety checkpoint" and this time it should be in the heart of UMass (North Pleasant Street) or Amherst town center.

Amherst police arrested four drunk drivers on Saturday late afternoon into early Sunday morning.  Yes, four.  All of them UMass students.  Most of them at times of the day when working folks and their families are going about their daily routine.

Like the head on, wrong way collision in the busiest intersection in Amherst town center at 4:55 PM on a busy Saturday which resulted in the arrest of Taylor Estupinan, age 22.  How many of you were out and about Saturday around that time, sharing the road with a potential killer?

 Raymond F. Racine

Or how about Raymond F. Racine also age 22, who almost ran over a cop at the Hobart Lane checkpoint?

Joint APD UMPD checkpoint Hobart Lane, hard to miss, but not if you're drunk

Or Matthew Collins, age 20, who committed hit and run on a grove of arborvitaes on Pine Street before dusk on Saturday.   Arrested for DUI and a bevy of other charges related to negligent operation of a deadly weapon.

Or Briana Virginia Roy, age 21, arrested for DUI early Sunday morning after drawing attention to her drunken self by speeding and following a car to closely.  A potentially deadly combination.

Like the Four Horsemen of the Apocalypse, drunk drivers bring on sorrow and misery. These four Perps were lucky to have survived.

And so were we.

Who ya gonna call?

Large crowd starting to form Townhouse Apartments around noon

A huge contingent of UMass police helped APD prevent another "Blarney Blowout" yesterday with a great number of officers patrolling in a highly visibility manner the usual hotspots, especially in North Amherst:  Meadow Street, scene of the "Blarney Blowout riot" and Hobart Lane, home of the infamous "Hobart Hoedown," and all along North Pleasant Street which cuts through the heart of UMass, our omnipresent neighbor for 150 years.

Townhouse Apartments main entry

At one point around 4:00 PM Hadley Police called for UMPD's special tactical unit (a four person rapid response team stationed at AFD North Station) to assist with an out of control party, but had to fend on their own as the unit was busy dealing with problems in North Amherst.

But the problems in Amherst never reached the level of a month ago when a great number of State Police were required to quell the rowdy throng at Townhouse Apartments.

Let's hope our local PDs can maintain this level of vigilance over the next five weeks.

UMPD officers help disperse large crowd starting to gather Townhouse Apartments

Townhouse Apartments West entrance

Bumper to bumper Meadow Street traffic early afternoon

Rooftop party Meadow Street, North Amherst center

Joint APD UMPD checkpoint Hobart Lane

Party House North Pleasant Street

Another Frisky Friday?

 

UMPD hands out ticket this morning on Fearing Street (town property)

UPDATE Midnight:

 Baby Berk

The Baby Berk, a large UMass food truck, was not doing a whole lot of business around 11:30 PM, parked alongside Mass Ave in a parking lot near Lincoln Avenue.  The food truck was supposed to draw students away from migrating down Fearing Streets and Lincoln Avenue by giving kids an incentive to walk through campus.

A large group of perhaps a dozen volunteers were stationed at the corner of Lincoln Avenue and Fearing Street attempting to redirect students away from the residential neighborhoods, but they were gone by midnight (although advertised to be out until 2:00 AM).

APD has been busy all night doing "liquor violations" and they have made many arrests.  The Personal Transport Vehicle was activated at 11:00 PM to efficiently cart the perps to APD headquarters.  

UPDATE 10:15 PM

I can almost guarantee there will be no problems on Phillips Street this evening as the APD/UMPD joint patrol includes UMPD's mounted patrol unit. Unlike last September.

UPDATE: 9:00 PM 

Fire at Mill Valley Estates 7:30 PM

A "box alarm" at Mill Valley Estates apartments in South Amherst around 7:30 PM brought a massive and swift response from both APD and AFD.  The stove fire was quickly put down by an officer first on the scene with a portable extinguisher carried in the trunk of his cruiser.

UPDATE 3:15 PM

Hadley police just chased a motorcycle into Amherst on Rt 9 at speeds over 100 mph, sometimes on the wrong side of the road.

The errant bike took a right in town center and headed south on Rt 116.

And no, he did not slow down two miles down the road for Crocker Farm Elementary school, which was just getting ready to let out for the day.  Grrrr.

The perp abandoned his bike, and APD now has it tagged as evidence.

Original Post 1:00 PM

Amherst Police patrols have been doing CP (Community Policing) activity all morning with the usual suspects: rental properties along Fearing, Phillips, Meadow streets, and the infamous Hobart Lane.

Thus, if after knocking on doors and politely informing residents to be on civilized behavior over the weekend and then later having to respond to said location for bad behavior, let's just say a stern response is more easily justified.

Amherst PD and UMPD joint patrols start in earnest this weekend, AFD will have two extra ambulances staffed and ready to go -- paid for by UMass -- and State Police are but a phone call away. Yes, the little college town of Amherst is ready.  For anything.

Stan Rosenberg reports on his Facebook page (and Twitter) that he met this morning with Amherst and UMass officials to discuss student off campus bad behavior.

Let's hope he champions the idea of an off campus RA bouncer to nip problems in the bud, as done at Boston College.

Wow, I'm somebody now.  A discussion topic at Reddit.

Sins Of The Few

The Gazette uses a dramatic pull quote in today's one-sided, front page article about the evil BIG BAD town government making life sooooooo hard for "property managers and renters alike."

Of course they fail to mention the two property managers are also occasional advertisers. 

"But why are you punishing the many for the sins of the few?" asks Pat Kamins of Kamins Real Estate.

Perhaps Commander Spock with his dying declaration had the best answer:   "The needs of the many out weigh the needs of the few."  Especially when the few profit greatly at the expense of the many.

The Gazette quotes a couple of renters criticizing the proposed residential rental property bylaw; but neither of them are college students, a demographic that makes up 59.4% of the town's population, and the ones most preyed upon by slumlords.

The sad saga of the attempted cover up at Hobart Lane by a major player in the Amherst rental industry   should stand as a testament to why the free market sometimes needs government regulation.

Yes, it's a very small percentage of landlords who cause problems for the entire industry.  Just as it's a small percentage of party hardy immature college kids who ruin the image for the vast majority of students who are hard working, law abiding, future titans of America. 

Pat Kamins, center. Amherst Town Manager John Musante, right

Member of Safe & Healthy Neighborhoods speaks

Party House Primer

Chief Livingstone

 
Amherst Police Chief Scott Livingstone paid a visit to the Amherst Zoning Board of Appeals on Tuesday to educate them about "Nuisance House" enforcement -- an important component of Town Manager John Musante's Safe & Healthy Neighborhoods initiative.

First off the Chief dispelled the myth that police officers drive around in their patrol cars looking for parties.  "We need to have to have a complainant, a valid complainant to dispatch an officer to a disturbance".

Usually easy to find in the form of a neighbor losing the peaceful enjoyment of their home.

The Chief reports that APD responds to between 900 and 1,200 quality of life (noise/nuisance) complaints annually, with only a minority resulting in action by the responding officers, i.e. a $300 ticket or arrest for TBL violation (Town By Law).

But that percentage is going up:  In the most recent year about 20% of the overall responses resulted in tickets or arrests, whereas the previous year it was only 14%. 

A lot depends on "cooperation at the door".  Meaning when officers first arrive do the responsible tenants comply with requests to tone down the rowdy behavior.  If not, and other infractions besides noise -- underage drinking, large crowds, haphazard parking of cars, littering -- are disrupting the neighborhood, then "Nuisance House" tickets are issued,  or arrests made. 

The Zoning Board of Appeals is considering tying a Special Permit (to expand the rental capacity of a house, almost always made by an absentee landlord) to "conditions" that must be met in an ongoing way.

And becoming a "nuisance house" would violate a condition, and bring with it the loss of that Special Permit.

The house would then revert back to the original capacity of only 4 unrelated tenants, a major loss of rental revenue.

Amherst building commissioner Rob Morra recently won a major victory defending the town's no more than  4 unrelated tenants in a one family dwelling bylaw.  Prominent landlord Grandonico Properties, LLC packed students into rental property on Hobart Lane, including illegally converting substandard basements into bedrooms and then tried to blame it on the student occupants.

Simply fining the noisy party house participants has not solved the problem.  Chief Livingstone stated no landlord has been fined yet since it takes a third nuisance house ticket to trip that regulation, but he declared confidently "It's going to happen this Spring."

Currently two locations on Phillips Street have two nuisance house tickets each.

Phillips Street

A dozen years ago when Amherst led the charge on banning smoking in the workplace, including bars, fines alone (issued to the bar, not the patron) had minimal impact.  Only when faced with loss of their liquor license did barowners learn the value of compliance.

Revoke a Special Permit from a slumlord for too many noise violations, thereby instantly cutting their revenues in half, and that party house will quickly go quiet.  One way or the other ...

Tools of the Trade

Hobart Lane:  PTV in action

If ever a term described Amherst Police Department's capital equipment requests for next year it would be "the usual".  Well, almost. (No drones however).

Three front line cruisers, AKA patrol cars, i.e. "black-and-whites," at a total cost of $105,000.  These vital vehicles are on the go 24 hours a day, seven days a week and as a result only last two or three years.  The department is currently on a four year replacement cycle: replace three cruisers annually for three consecutive years and then four in the fourth year.

Since the iconic Crown Vics are no longer manufactured, the replacement vehicles will all be Ford Taurus Police Interceptors, which are crash rated to 75 MPH.  Thus the vehicles are safer, as well as roomier for extra comfort, and fiscally sound via better gas mileage.  

 A reliable response vehicle is required for first responders

Last year was a replace-four year but there is still money left over from that appropriation, so the department is putting $45,000 of it towards a new Personal Transport Vehicle or PTV.

Not to be confused with the racially insensitive term "paddy wagon."  Although I heard a number of college aged youth use that term as they were being loaded into the vehicle last fall.  The current van has over 136,000 miles on it.

Left over FY13 money ($12,000) will also be used to purchase a Harley Davidson motorcycle coming off lease (with only 1,492 miles on it).  A few years ago APD had a mounted horse division but that was put out to pasture due to budget constraints.

No horse patrol but we have (2) Harleys

Also requested is an in-cruiser wireless camera system for two cars ($10,500) that shoots digital audio and video and immediately downloads as the patrol car pulls into the station parking lot.  The raw video protects officers from liability (false claims of inappropriate conduct) and can be used in a court of law for evidence in drunk driving arrests.

The department requested these two camera systems last year but was delayed to save money.  That year the department had to upgrade its communication system at a cost of $125,000 to come into compliance with FCC "narrow band" regulations.

Captain Pronovost left, Chief Livingstone left center Kay Moran JCPC Chair right

Joint Capital Planning Committee's target goal is to spend 7% of total budget for capital items.
 
While a total police request of $172,500 ($57,000 already appropriated) may sound like a lot, considering the FY14 APD operation budget is, like the Amherst Fire Department, just over $4 million, a 7% slice for capital should come to $280,000.

Not a bad deal for safety.

Branded: A Public Slander

Edited to protect the innocent

About the only thing worse than losing all your possessions in a structure fire (besides your life of course) is to later have a lawyer publicly brand you as the culprit who caused the conflagration.

As another lawyer so famously asked of a bully on network TV, "Have you no sense of decency, sir?"

According to the Amherst Fire Department the cause of the 9/13/12 blaze at #28 Hobart Lane was "accidental" and "undetermined".

But according to Attorney Farber, hired gun for property owner Grandonico Properties, LLC, the blaze was caused by an occupant of a (illegal) basement bedroom. 

Oddly, he puts forth a scenario that is remarkably close to an another fire that occurred in South Amherst over a year before due to the Halloween Snowmageddon storm.  A young lady was drying her hair when the power went out, so she dropped the hairdryer on the bed and a few days later when the power finally returned, puff.

The fire department report clearly traces the fire origin to a bedside table, not the bed itself. Miss X also reports she does not own a "curling iron."

Yes the Hobart Lane basement area had one smoke detector but it was too badly damaged in the fire to determine if it was in proper working order.  Either way, with a basement illegally subdivided into two bedrooms, three smoke detectors are required and they need to be hardwired rather than battery operated.

Plus the entire basement area has only one window as a second means of egress, so the person with the bedroom that did not have a window could easily be trapped and turned into toast.

#28 Hobart Lane:  One basement window, two bedrooms

The other vital safety equipment missing that day was a carbon monoxide detector.  Attorney Farber even admits there were none, and that the Gilreath Manor complex uses gas water heaters located in -- you guessed it -- the basement.

In fact, a safety inspection immediately after the fire discovered one of the water heaters was not operating properly because it was covered by a blanket, a potential two-way death sentence by carbon monoxide poisoning, or a gas explosion.

Attorney Farber also admitted Miss X had concerns over unlabeled fire extinguishers.  Since there were no labels on them she would not have known they only contained water and therefore, should NOT be used on an electrical fire, which would have only made things worse.

Miss X also confirms she never tested any smoke detectors in the basement, only on the first floor, as she was unaware there was even one there.  The fire department inspector found one on the second floor was not working on the day of the fire and issued the Grandonicos a $100 fine.



ZBA Chair Eric Beal (also an attorney) was obviously upset by the written testimony put before his board, and he spent a fair amount of time "reading it into the public record".

Just as obvious on display -- via attorney Farber -- was the Grandonicos wish to place blame anywhere but where it belongs: on them.

As a result, a hard working young woman who -- through no fault of her own -- suffered the trauma of losing possessions to fire, gets thrown under a burning bus.

To quote that iconic theme song of the 60s, "What do you do when you're branded, will you fight for your name?"

The entire 2 hour meeting, brought to you by Amherst Media

Amherst Peace Accords

Hobart Lane: The street with no name 

The war against rowdy rental units disturbing the peace and quiet of residential neighborhoods dates back a generation.  In fact, some of today's violators could very well be offspring of students who attended the University way back when it carried the ignoble moniker "ZooMass." 

A recent major skirmish, relatively short by municipal standards, came to a (sort of) successful close this past Thursday. The Amherst Zoning Board of Appeals allowed prominent local landord Grandonico Properties, LLC to withdraw their appeal of Building Commissioner Rob Morra's $100/day fine for violating the town bylaw forbidding more than four unrelated tenants per single-family household.

But not before paying $2,400 in fines and -- most important -- agreeing to change their lease language to clearly demonstrate they will abide by the town's zoning ordinance.

One down, a few more to go...

Grandonicos legally binding agreement with town

ZBA Accepts Surrender

ZBA Chair Eric Beal, Thomas Ehrgood member, Rob Morra Building Commish, Attorney Larry Farber in hot seat

It took two hours and ZBA Chair Eric Beal seemed to want to let the public thrashing of a prominent local landlord go on for two more hours, but he finally relented and voted along with his two fellow board members to allow Grandonico Properties, LLC -- AKA Lincoln Realty -- to withdraw their appeal of the Building Commissioner's $100/day fine for violation of the town bylaw restricting one family units to four unrelated housemates.

 Town Attorney Joel Bard, Jeff Bagg town planner, Hilda Greenbaum ZBA member

Originally the Grandonicos appealed the Building Commissioner's decision, claiming they should not be fined because they were unaware of their tenants (overcrowding) actions and should therefor not be held accountable.

The tenants -- all UMass students -- contacted UMass legal services and their attorney, Carol Booth, put together overwhelming testimony showing the Grandonicos were well aware, and in fact encouraged, violation of the town zoning bylaw.

 Seven roommates!

After a potentially catastrophic fire that started in an illegal basement bedroom of #20 Gilreath Manor on September 13, the tenants were told by their landlord to hide evidence of bedrooms in the basements, which borders on obstruction of justice -- a criminal charge.  

After these documents became public due to the ZBA hearing (and this blog), the Grandonicos wished to turn off the spotlight by simply withdrawing their appeal.  Tonight they got their wish.

Click to enlarge/read

But the ZBA still strongly reaffirmed the right of the Building Commissioner to levy fines on the landlords for infractions that occur on their property.  A message that will not be lost on other landlords in town.

The Hobart Lane Cover Up

Front Row: Select Board Chair Stephanie O'Keeffe, Jonathan O'Keeffe Planning Board, Alisa Brewer, Select Board rear seat front

DUI Dishonor Roll

Early Friday morning was not a particularly safe time to be driving in Amherst, although APD made it safer by taking two drunk drivers off the road, both of them female UMass students, and both incidents close to the flagship campus jam packed with potential accident victims. 

Stopped originally for speeding and "marked lanes violation" (swerving) at 1:17 AM on North Pleasant Street near infamous Hobart Lane, police arrested 21-year-old Hannah David, 58 Mt Vernon St, Fitchburg, MA, for Driving Under the Influence.

And a couple hours later at 2:58 AM on Phillips Street, the other infamous street in town, police stopped 20-year-old Meghan Fleming, 10 Valentine Road, Hopkinton, MA for "marked lanes violation".  The officer then noticed a "strong odor of alcohol, bloodshot glassy eyes, and slurred speech."

Ms Fleming took the Portable Breathalyzer Test and failed with a PBT of .173% -- more than twice the legal limit.  She was, however, smart enough to refuse the more sophisticated, fixed/stationary breathalyzer back at the station -- the one that provides results that are admissible in court.

So, theoretically, she loses her license for 180 days, unless of course she beats the DUI charge, which is now made harder to prove without the more sophisticated breathalyzer results.  And the fact she refused to take it cannot be used in court as evidence.

Although police also found a marijuana pipe and a small amount of the drug in the vehicle, so that will provide evidence to back up the DUI charge.  

Yeah, great system we have here in Massachusetts.  

Earlier in the week two other young ladies -- both UMass students -- were also taken off the road, handcuffed, and escorted back to APD headquarters under arrest.

Sunday, January 20 at 6:10 PM police stopped 22-year-old Lauren Derouin, 196 Triangle St, Amherst, and arrested her after she failed a Field Sobriety Test.  She did, however,  refuse to take the breathalyzer. 

Wednesday, January 23 at 1:09 AM police stopped 21-year-old Emily Rookwood, 3 Madison Rd, Marblehead, MA, for speeding (estimated 45 in a 30 MPH zone).  She failed the Field Sobriety Test and was transported back to the station, where she refused to take the breathalyzer test.

Observations From Afar

 Osaka Japan

As an apartment complex back home was being ravaged by an inferno,  I was happily touring a fire department sub station in Tokyo, Japan. 

Tokyo FD. Mini ladder truck 

Not that I'm superstitious -- even though 25 years ago my Amherst apartment burned down on a Friday the 13th -- but my intuition radar probably should have been buzzing after checking in to our plush hotel room a couple hours earlier:  Room 911.

Even with the restart of UMass and our other institutes of higher education, considering Monday was a holiday, I figured it would be a slow news week in Amherst.  Guess I was wrong.

#####

Once you have experienced a major structure fire up close and personal -- smelled and tasted the acrid stench, listened as the crackling grows deafeningly loud while your field of vision narrows to nothing because of thick black smoke -- not much else in life scares you.

So you simply hope to never meet again. Ever.

The beast paid a call on Rolling Green Apartments early Monday morning.  As with all encounters, it was both uninvited and unexpected. 

 Rolling Green fire. Photo courtesy of Steven O'Toole

And a young man who was majoring in hospitality and tourism management at UMass will never get to put those service skills to use.  Ever.

The investigation will be as thorough as the fire was destructive, maybe more so.  I will be surprised if it turns out the cause can be traced to irresponsible management, as the complex is owned by one of those big corporations with too much to lose.

With Section 8 housing, HUD loans, a large insurance carrier and all the other private sector bureaucracy involved,  safe to say Rolling Green Apartments have been inspected more times than the Town could possibly afford to if rental registration bylaw passes town meeting this spring.

The problem in Amherst with substandard, dangerous rental housing comes not from large professionally managed complexes like Rolling Green, Puffton Village, Mill Valley Estates, or any of the other three complexes on East Hadley Road.  It's largely the lone houses transformed into (illegal) rooming houses that are accidents waiting to happen.

Except of course for Gilreath Manor,  the 14 unit complex out on Hobart Lane,  a sort of white crow that disproves the theory all multi-unit complexes are well run.  A very good reason why all responsible landlords in town should cheer public officials' new found ambition to actually enforce safety and zoning ordinances that have been too long ignored. 

With the same basic design as the Rolling Green complex (with an attic unprotected by fireproof flooring) but made far more dangerous with faulty fire detection and too many students packed into each unit, the Gilreath Manor fire could have been far more murderous had the blaze broken out in the early morning hours rather than high noon.

Town Manager Musante's proposed 2014 budget fortunately includes funding for a "full time fire prevention inspector position;"  but, unfortunately,  no added positions for front line responders like those brave men and women who descended on a killer conflagration early Monday morning.

The Town Manager also touts the weekend "joint patrols" between UMPD and APD which is of course a good thing.  But AFD can't very well partner with UMFD as UMass does not have a fire department.

As I've mentioned before, UMass needs to hire an off campus RA to deal with nuisance party houses before they require APD response, and they should pick up the tab for an additional two AFD first responder positions.

The beast will come calling again.  Because fire is never completely eradicated.  Ever.


Fire victim relief efforts for Rolling Green

Relief efforts for Peshkov family

Dean of Discipline

Hobart Lane:  A usual suspect

As Party House apologists are fond of pointing out, UMass is the largest employer in Amherst, thus making us a "company town," thus making disturbing behavior that disrupts neighborhood tranquility town wide mere collateral damage to be endured for the greater good.

Or something like that.

Last year Amherst police politely handed over to UMass the names of 652 students arrested for rowdy behavior : Noise, Nuisance House, Open Container, Unlicenses Kegs, Under aged Drinking.

Since UMass is only in session roughly seven months out of the year, that amounts to 23 arrests per week.  Just this past semester APD made 105 arrests for Nuisance House violations alone.

Since Nuisance House tickets are issued to all tenants that can be found on the premises at the time of the disturbance, it usually amounts to three per incident which works out to 35 dwellings or two per week (usually on weekends.)

All the above statistics are reactionary.  A neighbor calls 911 to complain about loud noise or other disruptive behavior and the police show up.  By then things are already out of control.

UMass, our largest employer, needs to hire an Off Campus RA to proactively patrol the usual suspect streets and enforce the student code of conduct, which UMass now claims to apply to off campus behavior.

A combination between bar bouncer and Jr High School Principal in charge of behavior.  The town recently hired a code enforcement building inspector to better police slumlords who specialize in high demand student rentals.

Since UMass provides the supply side, it's only fair they share in the oversight.

The Landlord Blinks

 Gilreath Manor (3 buildings) Hobart Lane, Amherst

Based on new information -- the truth -- Grandonico Properties, LLC lawyer Lawrence Farber requested a last minute continuation at Thursday night's Zoning Board of Appeals hearing to appeal punitive fines issued by Building Commissioner Rob Morra for violation of the town's zoning by-law limiting unrelated housemates to four per single family dwelling.

For those of you who think fines do not make a difference in changing behavior, take note:  Commissioner Morra issue the first fine on Monday and they will accumulate at $100 per day, unless the ZBA (at that rescheduled meeting in mid January) overturns the decision of the Building Commissioner, a highly unlikely scenario.

According to Commissioner Morra:  "Mr. Farber is requesting a continuance which must be granted tonight by the ZBA after they open the hearing.  If granted, the fines will continue and, in my opinion, must be appealed to district court within 21 days.  It is also my opinion that the ZBA is ruling on the application of ZBL Section 11.45 in this case and not the fine itself which must be heard by the court – although I am aware that all may not agree with me."

The statement submitted by UMass Legal Services attorney Carol Booth clearly demonstrates a pattern of dishonest behavior by the owners of Gilreath Manor,  carefully designed to circumvent Amherst's zoning bylaw.


Kind of appropriate I guess, for a story that started with an illegal bedroom basement fire, ends with "A Smoking Gun."

Statements of student tenants submitted by Attorney Booth to ZBA

Hobart Show Down

 Hobart Lane Gilreath Manor #28

Hobart Lane is already well known for the annual Hobart Hoedown, dating back over 20 years.  But the street immediately bordering UMass could easily have become forever burned into memory for a far more serious spectacle had the basement fire in an illegal bedroom at #28 Gilreath Manor on September 13th resulted in the deaths of residents, all of them UMass students.

Tomorrow night the Zoning Board of Appeals will hear an appeal from Grandonico Properties, LLC a "foreign limited liability company," meaning they are "organized under the laws of Delaware," the most lax state in our nation for protecting consumer rights (which is why all the credit card companies organize there).

The owners of Gilreath Manor wish to challenge the Building Commissioner's threat of fines for violating Amherst's 1990 zoning bylaw forbidding more than four unrelated occupants in a single family dwelling.  The town attorney has come down squarely on the side of the Building Commissioner with an unambiguous opinion:

"The property owner has been aware, or been made aware, of the multiple violations on the Property, and that further evidence may demonstrate that the owner authorized use of the dwelling units in excess of the allowed number of residents."

Attorney Joel Bard continues, skewering another of the landlord's defenses:  "The tenants rights of possession may not be asserted as a defense in order to insulate the property owner for liability for zoning violations on her property."

The Amherst Board of Health has NOT issued a variance for low ceilings in the basements at Gilreath Manor, so currently they can be used for nothing but storage or utility, not even for watching TV or doing homework on a computer station ... let alone sleeping.

On September 13, with inadequate fire protection and two bedrooms illegally crammed into unit #28, a disaster was narrowly averted.  Initially, town officials were slow to react to problems uncovered in the aftermath of the fire; I even went so far as to brand it a cover up.

But they seem to be fully on board now with making this a test case for the public good.

As President of the Board of Directors for the Amherst Area Chamber of Commerce, Kathryn Grandonico should be setting a positive example for all Amherst landlords to follow, not acting like a carpetbagger -- putting profits over public safety.

Emails Hannah, Town Officials

He Said, She Said

The accidental Sunday fire, caused by careless disposal of a cigarette,  killed two; the next day Gregory Levey purposely immolated himself in town center using two gallons of turpentine

The 911 call came in early Sunday morning at 6:21 a.m. while most of Amherst was still fast asleep.  Smoke was billowing from the roof of a large two family dwelling on North Pleasant Street on the northern outskirts of town center, the kind of report -- called a "box alarm" -- that gets the undivided attention of emergency dispatch, who then instantly radios APD and AFD.

 284 North Pleasant Street

Despite the desperate attempts of first responders to quell the flames,  two students died from smoke inhalation.  The house was divided into two apartment units, each with six occupants, a violation of Amherst's zoning ordinance limiting unrelated tenants to only four.

Additionally the attic, where the deaths occurred, had been turned into bedrooms without a second means of egress, a clear violation of building safety codes.   

That was February 17, 1991.  Fast forward to September 19, 2012: A fire starts in an (illegal) basement bedroom apartment at #28 Gilreath Manor on Hobart Lane, quite possibly due to an overloaded electrical circuit.  Fortunately the blaze starts near high noon rather than late at night, so it is quickly extinguished by AFD.

 Gilreath Manor, Hobart Lane, Amherst

The basements are not zoned as a sleeping space, do not have an approved second means of escape and some lacked working smoke detectors.

Later that day town authorities receive an email and phone calls from residents concerned that building owner Grandonico Properties systematically wants students to hide evidence of illegal basement bedrooms from town inspectors.

Town officials keep the matter quiet (this is after all Amherst, where even the H is silent), but managed to get Grandonico to make basic safety upgrades to all the units. 

But now Grandonico Properties is fighting an official order from Building Commissioner Rob Morra to cease and desist renting to more than four unrelated tenants, a violation of town zoning bylaw.  The owners response mimics the three monkeys:   see no evil, hear no evil and speak no evil.

In other words, it's all the students' fault.  Grandonico only allows four tenants to sign the lease, therefore they cannot be legally held responsible if more than that occupy the space.

Interestingly, however, their lease states:  "Any payment not received from a Lessee shall only be accepted, if at all, on behalf of the Lessees and shall not constitute any relationship or tenancy with said party."  In other words, we will take the money but the look the other way from who may be contributing to the final amount.

In an official response to the Building Commissioner's order, Grandonico Properties, LLC is taking the matter to the Zoning Board of Appeals on December 20 ... Unfortunately when UMass is on break, thus making it unlikely students will come testify about what they were told by the owners when first signing a lease.

Even more interesting, the owners are trying to force the "legal" residents to sign a statement "under the pains and penalties of perjury" that they are the only occupants authorized to live in said premises. 

Since Building Commissioner Morra has yet to actually issue a fine to Grandonico Properties, it's unclear what legal standing can be created by the Zoning Board of Appeals, as only Amherst Town Meeting can modify or change the four unrelated tenants bylaw.  And an appeal of a monetary fine would go before a judge in District Court.

The permits acquired when the basement egress windows were installed were for an occupied space to be used as a study or entertainment room not a bedroom.  Thus the owners may not find the Zoning Board overly sympathetic to their cause. 

Either way, Grandonico Properties should have realized they got off easy.  What if that blaze on September 19, 2012 had been a replay of the tragic 2/19/91 fire?  They would now be facing jail time.

Obviously somebody has failed to learn from history.

DUI Dishonor Role

 Drunk driver jumped curb, hit building, early Saturday morning

The name, address, age and link to a Facebook page I would love to lead with is Missing In Action because the perp managed to slink away -- even though the car rolled off on a front tire flattened by hurtling over a granite curb and hitting a proverbial brick wall.

Anyone who was out late Friday night knows how busy it was (mostly with college aged youths dressed up in Halloween costumes), even after the midnight hour, so I would image there were still a few pedestrians staggering home around 2:33 AM when the drunk driver lost control of his vehicle and slammed into the side of a brick building on Main Street.

After the crash two occupants tumbled out and were picked up and driven back to 675 Main Street by a person they had met earlier at a party on Hobart Lane.   Soon thereafter, someone from that Main Street address called authorities requesting medical attention for two college aged youths who had been "car crash victims".

Hmm...

Hobart Lane, a party house on lower Main Street and a drunk driver ... doesn't it all just fit?  Fortunately the only thing missing is a coroner's sheet.

You got away this time pal, and you probably have driven drunk all too many times before.  But your time is coming.  I just hope it happens before you kill someone.

#####

Cell phone callers reporting a yellow jeep that hit a utility pole at the new Atkins Corner roundabouts led police to the vehicle crashed a second time into a ditch on nearby Bay Road, South Amherst.  Arrested for DUI, driving while unlicensed, operating to endanger and leaving the scene of property damage:

Jeremy Carroll, 23 Hulst Road, Amherst, Ma, age 21

#####

Failing to stop at a stop sign around midnight Saturday, led to the arrest of James Ryan Macgregor, 819 Summer Street, Manchester, NH, age 19 for running the stop sign and DUI.

#####

And Friday around midnight police arrested Robert Danielson, 24 Hillcrest Rd, Burlington, VT, age 23 who appeared to have "blood shot, glassy eyes" and blew a .156% on the Portable Breathalyzer Test but later refused a breath test at APD headquarters.

Note high volume of ETOH (alcohol poisoning) AFD handled last weekend

Weekend Run Summary 10-26-2012

Frightening Weekend Party House (s)

Hobart Lane late Saturday night.  

APD deployed the PTV (Personal Transport Vehicle) for the numerous alcohol related busts. Although kids kept referring to it as the "Paddy Wagon."

 33 Phillips Street:  come out come out wherever you are

Yeah, I guess that's the most frightening thing about my headline title:  the weekend is not even over yet and already there are enough party house contenders to bring on writers cramp from recording all the details.  With Halloween on a Wednesday the excuse to party with frightening vigor impacted this weekend, probably next weekend, and of course the actual "holiday" dead center between the two.

And now that UMass cancelled all classes Monday because of #Frankenstorm, that will -- for a tiny but destructive minority -- become yet another excuse to party all the time, party all the t-i-m-e.

But Paul Markham, Phillips Street most infamous resident, will probably not be in a celebratory mood.  Three weeks ago the young, white, hipster rap star wanna-be removed his childish ode to UMass "Welcome to the Zoo" from YouTube after garnering almost 100,000 hits and a plethora of negative comments.

 Next door to #33 Phillips

Hopefully it was something I said ...

Late last night after a patrol car spied two under aged residents consuming alcohol from an open container a black-and-white armada descended on #33 Phillips Street where police arrested 8 college aged youths, three of them for open container and underaged drinking and the other five (including Markham) for two usual town bylaw infractions, Noise and Nuisance ($300 each), as well as the unusual state charges of "keeping a noisy and disorderly house" and "disturbing the peace."

Which looks to me like officials are clearly sending a message to #33 Phillips Street.  Since Markham is tone deaf, no guarantee he will get that  message.

#####

 Town Center late last night.  Bars were very busy all night up to 1:00 AM closing

 Police arrested young man for causing a disturbance in town center late last night

Late Friday around midnight police were called to 985 North Pleasant Street and discovered about 100 youth milling about outside and another 50 in the house.  One young lad got things off to a bad start by being particularly uncooperative and attempted to flee on foot.  He then resisted arrest, assaulted an officer and broke his expensive flashlight.

 985 North Pleasant Street

Andrew DeAngelo, 44 Auriga St, Dorcherster, Ma, age 20 arrested for open container, underage drinking, A&B on an officer, resisting arrest, disorderly, and destruction of property.

Arrested for Noise and Nuisance:

April Dawn Huff-Ring, 6 Hathway, Arlington, Ma, age 21
Jonathan Weingart, 200 Hudson St, Northborough, age 22
Cathryn Alyse Carmichael, 62 Reardons Field Ln, Attleboro Falls, Ma, age  21
Daniel Harold Fenichel, 985 N Pleasant st, Amherst, Ma, age 21


Arrested for noise:
William Hickey, 182 Hollaston Ave, Arlington, Ma, age 22
Scott Baron, 3 Stonecleave Ln, Swampscott, Ma, age 22

Ownership card for 985 North Pleasant Street, Amherst

 #####

Around 1:00 AM early Saturday police busted up a loud party at 219 East Pleasant Street because of noise and "lots of people spilling into the street."

219 East Pleasant Street

Arrested for noise:

Erik Doty, 26 Plain Rd, Hollis, NH, age 21

Nicholas Powers, 5 Nolan Ave, Milford, Ma, age 21

Cameron Smith, 11 Maple St, Upton, Ma, age 21

David Hoch, 219 East Pleasant, Amherst, Ma, age 21

#####

And a party weekend would not be complete without an apartment complex joining in the fray: 1:10 AM Salem Place Condos lower Main Street. Loud noise and stereo. "Clearly unreasonable" according to APD first responder.

And the reporting party said they had warned the residents earlier to quiet down or they were going to call the police.

Arrested for Noise: Ashley Ann Zimmerman, 120 Curtis Ave, Attleboro, Ma, age 20 Kelly Elizabeth Marsh, 7 Ward Ln, Medway, Ma, age 20 Deryn Lee O'Brien, 652 Lynn Fells Parkway, Melrose, Ma, age 20

#####

Which leads me to me to just one more, exceedingly sobering thing.

An old friend and long-time Amherst resident forwarded me an email response she received just this morning that left her in tears, from a 26 year old, Chinese-born American woman serving in Afghanistan as an occupational therapist.

Hello XXX,

Thank you so much!!! I just got your box of goodies and we love them. The cookies are all gone. 

I have 10 soldiers (wounded) with me from a smaller military location of only 200-300 total soldiers.  A few days ago they were under attack and many were injured.  According to them, they do not have hot showers and food most of time. Their living condition is similar to a 3rd world country ... if not worse.

They loved your cookies and some of the younger soldiers (18-20yr) cried while they were eating them.

You made my day with all the sweet and lovely reading materials. I gave them to the soldiers who needed them more.  

I am really proud to be an American and really proud of myself and the job I do here. God placed me in this location.  This job allows job me to assist others, while giving me a bigger dream and better appreciation of life and freedom.

Thank you for being my supporter and friend. Please, pray for our Soldiers