The Glass Is Half ... Full

 

Pat Kamins landlord, Rob Morra Building Commissioner

While half the 1,570 rental properties that need to register with the town and acquire a permit have done so since the new bylaw went into effect Janurary 1st, that still leaves about 785 who have not complied.

According to Amherst Building Commissioner Rob Morra:

 "All property owners who have not submitted permit applications will receive a letter from me with a deadline of March 31st to respond.  The letter is intended to be the final reminder however will clearly state that without a permit from this office he property is not in compliance with the Bylaw.  I will initiate standard enforcement procedures for all properties in violation after March 31st which will include fines, noncriminal disposition, court action, etc. as needed to gain full compliance with our program."

In order to oversee this critical new program Morra has hired two additional employees: Jennifer Gannett, Management Assistant (started early January) and a new inspector, Terry Avery who will start February 18th.

The two positions cost $88,689 (not including benefits) but will be easily covered by the $157,000 generated in $100 annual permits for the 1,570 rental properties.

Rental Permit Bylaw: Halfway Home

Building Commissioner Rob Morra reported to the Amherst Select Board this evening that the town's new Rental Registration process is going well, with 741 applications received out of a total of 1,570 (47%) properties that need to register.

The new law went into effect January 1st and requires all landlords to pay $100 annual fee for a permit.  The process includes submitting a parking plan and completing a self certification checklist acknowledging basic zoning and health & safety concerns. But the process can all be easily accomplished on the town website. 

Also neighbors or concerned citizens can file complaints about rental properties with the town or find the name and contact information for a rental property owner to take it up with them first.  

A map with color coded pins (red for "open" and green for "closed") shows all the complaints received dating back to April, even before the law went into effect.

Unfortunately the Code Violations and Complaints Map does not currently show properties cited by the Amherst Police Department for noise or nuisance complaints, a glaring oversight.

Commissioner Morra did say he would be working with Police Chief Livingstone in the near future to make that valuable data available on the website.

Story of the Year 2013

 APD, State PD and UMPD gather at west entrance to Townhouse Apartments

The war on off campus student rowdyism took a serious turn during 2013 and that turning point was the Blarney Blowout, Amherst's version of the Mardi Gras or Florida's Spring Break -- only seasoned with a tad more violence.

As usual good weather was a contributing factor but by far, marketing was the #1 reason for the out-of-control debauchery.

Downtown bars -- most notably McMurphy's and Stackers -- used social media to hype the "Blarney Blowout" promotion, a bait and switch name change from "Kegs & Eggs" which had drawn sharp criticism over the previous ten years for promoting bad behavior i.e. drinking in the morning.

In 2012 the Blarney Blowout had contributed to awful visuals in the downtown and an unusual strain on public safety, including an incident where a drunken college aged male hit on an 11-year-old girl.  The Select Board used their bully pulpit to chastise the pernicious promotion, but as the town's Liquor Commissioners did nothing to penalize the offenders.

So it should not have been too hard to figure out , even if you don't have sitemeters, that the Blarney Blowout, March 9, 2013 was going to be bad day for civility.  Really bad.

The promotion started at 11:00 AM (my first published report was 11:07 AM) and all eyes were focused on the downtown.  Meanwhile crowds, mostly dressed in green,  were gathering at Townhouse Apartments in North Amherst where violence had erupted the year before.

 Entire quad taken up by revelers

The crowd grew to over 2,000 taking up the entire quad and beer cans (some of them full) and snowballs started to fly.  A young woman in the center of the mob passes out from too much alcohol (ETOH) and AFD is called.

 Note UFO

When police and EMTs try to get to the young lady lost in the crowd the mob became uncooperative.  Objects now started flying in their direction. Public Safety personnel retreated after pulling the young woman from the crowd.

ETOH female (age 17) loaded into the ambulance under police escort

Over the next few hours, under the influence of a lot more beer, the crowd would only get surlier.  Vandalism starts to take place.  APD had put out an SOS after the incident with the ETOH female, with many State Police and UMPD officers responding to the call -- all of them dressed in riot gear.

A little after 5:00 PM they uniformly moved in, quickly dispersing the huge crowd while making six arrests.

Moments after police dispersed the unruly crowd

At the following Select Board meeting irate members -- particularly Chair Stephanie O'Keeffe -- blamed UMass for not putting out sternly worded emails to students and parents before the weekend.  UMass -- via a Letter to the Editor from PR guru John Kennedy -- blamed the town for allowing the promotion.

Of course the Select Board, unlike previous years, had not given the bars permission to open early that day and since advertising via social media is protected by the First Amendment there is little they could have done prevent the promotion.

But the acrimony led to UMass announcing it would donate $40,000 per semester so AFD could run two extra ambulances on weekends; and more importantly, the disturbing incident convinced the two major powers that something structural needed to be done.

 Chancellor Subbaswamy addresses Amherst Town Meeting 5/15/13

For the first time in history a UMass Chancellor came to spring Town Meeting to champion town/gown relations.  The $30,000 warrant article (matched by $30,000 from UMass)  to hire a consultant passed, leading to the formation of the Town Gown Steering Committee, a heavy hitter group of top UMass and Town officials that mirrored the ultra successful Safe & Healthy Neighborhoods Working Group.

The SHNWG formulated a Rental Registration and Permit Bylaw, the most important legislation passed by Town Meeting in a generation, and a direct outgrowth of last year's "Story of the Year".  

The Town Gown Steering Committee finished up a Request For Proposals a few weeks ago and will continue to meet after the consultant issues a report.

After all, implementation is the key. 

Rental Permit Bylaw Upheld

Attorney General approves a bevy of Amherst Town Meeting bylaws

The road to the most important legislation passed by Town Meeting in over a generations has been rocky to say the least.  The Rental Registration Bylaw was bitterly opposed leading up to Town Meeting last Spring where it passed by a surprisingly w-i-d-e margin.

According to the state's Top Cop, "We acknowledge the letters and emails sent to us opposing the amendments adopted under Article 29 (Rental Registration Permit).  Interestingly the Attorney General's office goes on to say, "While we cannot conclude that any of these arguments furnish a basis for disapproval of the by-law, these letters and materials have aided our review."

One section of the bylaw states a registration form should be submitted to the "appropriate Town office."  Which in this case is the Principal Code Official (Rob Morra, Building Commissioner).  The AG has suggested the town clarify that section of the bylaw to identify the Principal Code official as the rental czar who issues permits, and can issue exemptions.

Apparently landlords had problems with the section of the bylaw that requires tenants to be made aware of the provisions of the new Rental Bylaw and inspection system, and that a copy of the lease be provided to the town.   The charge was that this is a violation of the "prohibition against regulation of a private civil relationship,"  which was used to strike down "rent control."

The AG found that section permissible because it is specifically limited. The boiler plate language in the bylaw clearly states: "Subject to and as limited by the Constitution of the Commonwealth."  So if a landlord finds something in the permit bylaw requirements that violates the state Constitution, then they can safely ignore it.

The new bylaw also requires the Select Board to appoint a Rental Appeals Board, to act as ombudsmen to help resolve issues amicably.  

Is the $100 permit fee a tax and therefor illegal because a municipality "has no independent power of taxation"?  The Attorney General thinks not. "Fees are collected not to raise revenues but to compensate the governmental entity providing the services for its expenses."

And in this case the Building Department has to hire a new full-time building inspector and administrative assistant to help oversee the program.  Amherst has identified 1,570 rental properties with a total of 5,265 individual rental units. That's a lot of oversight!

As of yesterday the Building Commissioner has received 160 applications (85% of them filed via the Internet) and issued permits for 56.  Or just a tiny bit over 10% of the rental properties in town. 

The law takes effect January 1st.

Town may want to think about stepping up PR outreach effort

Steering A New Course

The Town Gown Steering Committee met this afternoon, appropriately enough, in the "Amherst Room" on the tenth floor of the Campus Center, bringing together 22 committee members that reads like a "who's who" of heavy hitters.

Chancellor Kumble Subbaswamy

And to top it off Chancellor Subbaswamy and Town Manager John Musante attended the inaugural meeting.  Although the Chancellor left early with the parting comment, "May the Red Sox win, and may our students celebrate peacefully."

Co Chairs David Ziomek and Nancy Buffone (center)

The committee is charged with developing a Request For Proposals to hire a consultant (for $60,000 or less) who can create a blueprint for mutually beneficial action steps each partner can undertake to deal with growth and change.

Problems that need to be addressed include the creation of more (taxable) student housing, economic development and the quelling of rowdy student party houses in residential neighborhoods.

8 Qualifications for Town/Gown Consultant

The Committee will issue the RFP by December 1, review the proposals and interview finalist through January, and award the contract by February 1.  Over the following three months the Committee will continue to meet and hold public forums with a completion date of May 1st for a new joint Master Plan.

This Steering Committee follows in the wake (with many of the same members) of the successful Safe & Healthy Neighborhoods Working Group that crafted a precedent setting Town Meeting approved (by super majority) "Rental Registration and  Permit Bylaw" that goes into effect January 1st. 

Strangling Supply

Cowls former lumber mill:  20+ acres in need of development

Adhering to the old PR mantra about repeating something often enough to make it seem true, North Amherst resident Melissa Perot -- who fancies herself a Joan of Arc -- has been repeating ad nauseam the Planning Board's "technical fix" (Article 18) for mixed use buildings, "REZONES the entire Commercial District and in particular the large 20+ acres of Cowls land in N. Amherst."  (Bold caps are all hers naturally.)

Simply put the only thing Article 18 does is to put into words what has been common practice with Building Commissioners over the past 25 years:  allowing offices for doctors and lawyers, government agencies, public service, etc.  Or what Ms Perot refers to as "paper pushers."

The only other change is reducing from "two or more" ground floor dwelling units down to "one," thus encouraging smaller mixed use developments like a business owner living above his or her business.  

In fact Article 18 came about via a request from Building Commissioner Rob Maura and not from any of the developers Mr. Perot rails against.  

 Trolley Barn

Ms. Perot did manage to torpedo an actual zoning CHANGE at last spring's Town Meeting that would have allowed greater density of dwelling units in a mixed use building.  For instance, in the Trolley Barn now under development, instead of the current four units the same amount of space could have been subdivided into eight residential units -- twice the current number. 

And that is precisely problem #1 in our little "college town:"  Too many residents -- more than half of them "college aged youth" -- and not nearly enough housing to shelter them.  As a result, speculators buy up single family homes, expand them into 2 family homes and rent them out to eight (or more) students, some of whom behave in a less than civil manner.   

The skyrocketing rents push out low income residents using Section 8 housing vouchers, single parent households or anyone trying to survive on a minimum wage salary. 

Town Meeting has continually turned down common sense zoning changes that would increase desperately needed housing stock (the town currently has only four apartment complexes with 200+ units).

And even when projects are announced that can be built "by right" (without zoning change) the NIMBYs sharpen their pitchforks, fire up the gas powered torches and make life miserable for the property owner and proposed developer.  

Even worse than Ms. Perot trying to roll back the minor gains made through zoning changes at the spring Town Meeting, another NIMBY -- amazingly enough one with a business background -- wants to tighten (like a noose) the town's four unrelated housemates bylaw to only three.

Yes, in a town with 5,265 rental units -- not nearly enough to handle current demands -- Ira Bryck would reduce total occupancy by as much as 25% with a single stroke of legislation.  Amazingly naive.   

In fact the town should -- under very strict circumstances -- allow more than four unrelated housemates depending upon the house.  But require the owner to seek a "special permit" from the Planning or Zoning Board, so the building commissioner, police and fire department can weigh in on the matter. 

Amherst needs an across the board increase in housing stock.  This housing crisis is certainly nothing knew having been talked about since the early 1970s where the town even briefly flirted with, gasp, "rent control."

Enactment of the Residential Rental Property Bylaw to "protect the health, safety, and welfare of tenants and other citizens of the Town of Amherst" last May was a giant leap forward for the town, setting the stage for future much-needed development.

Ms. Perot and Mr. Bryck's ideas places them squarely in the same league with the Flat Earth Society.  Although ironically enough, the first step in development is to level the site.   

68 Cowls Road

Bring on the bulldozers!

A Safer Place To Be

Gilreath Manor, Hobart Lane, Amherst

When the occupancy rate at Gilreath Manor went from zero to 100% last week, for the first time in perhaps a generation, the 14-unit apartment complex was completely up to code.  

Even the owners' expensive attorney admits to the Amherst Board of Health " ... the work was performed in the manner approved by the board and in a professional manner, leaving the units in a safer and better condition than before."

Amen.

Because on September 19th of last year, the main building pictured above could easily have become a death trap.  Too many occupants and not enough smoke detectors is bad enough, but throw in illegal basement bedrooms and a slow burning fuse to a potential powder keg has been ignited.

For a landlord in a college town like Amherst to lie to investigators and try to delay their inspections, and then try to place blame on tenants by pretending they did not know about extra roommates living in illegal basement bedrooms (when in fact they encouraged it) would be considered standard operating procedure for slumlords. 

But when it's a prominent second-generation family business empire and the individual at the helm is also the Amherst Chamber of Commerce Board of Directors President, let's just say the complicated case became a high profile affair.

And the Grandonicos lost.  No more flagrantly violating the (no more than) four unrelated housemates bylaw, having two bedrooms in the basements of Gilreath Manor (one per unit is now legal) or being less than attentive to safety codes with smoke and carbon monoxide detectors.

Thus sending a loud and clear message that the town is truly serious about cracking down on sub par rental housing -- no matter who the owners are.

The outcome of this particular case was a major reason the controversial "Rental Permit Bylaw" passed Town Meeting so overwhelmingly last May.

Although there was a brief dust up in late June when the Board of Health thought the Grandonicos were being disrespectful, which is of course not a good idea when you require an official variance.

But as you can see from the public documents back story, all's well that ends well.

Devil In The Details

 

Building Commissioner Rob Morra right, Pat Kamins on his right

The Safe & Health Neighborhoods Working Group -- perhaps the most successful committee in recent history in a town overrun with committees -- has begat another working subgroup also appointed by Town Manger John Musante tasked with planning  "implementation" of the Rental Permit bylaw.

Amherst Town Meeting  overwhelming passed the historic bylaw on May 20th, and it goes into effect January 1st.  Building Commissioner Rob Morra told the new group today that he has an "aggressive schedule" in mind to make that January 1st deadline.

The estimated number of properties that will require registration is around 1,500 

Three of the four Rental Bylaw Implementation Group members attended today's kick off meeting -- Pat Kamins, property manager, Phil Jackson, homeowner, Maurianne Adams, member of  Coalition of Amherst Neighborhoods.  Jacob Lefton, a tenant and frequent critic at the Safe & Healthy Neighborhood Working Group meetings, is the fourth member of the group but was on vacation.

 Other side of the table.  Phil Jackson center

One major complaint about SHNWG was the lack of a tenant on the 15 member committee.

At one point the fledgling Rental Bylaw Implementation group was outnumbered 4-1 by concerned citizens who came to the meeting -- for the most part -- to complain about the new system.  The committee has decided to have a "public comment" period as part of their meetings as did the Safe and Healthy Neighbourhoods Working Group.

Rob Morra said the implementation of the new system is being done in-house and he hopes the Information Technology department will have a system in place by October 1st for online registration and one stop shopping cart for all the forms required to make the system work.

The Amherst Select Board is scheduled to discuss and vote on a registration fee in late September.  The Safe and Health Neighborhood Working Group already recommended the fee be set at $100, but it remains to be seen if multi-unit owners or large apartment complexes will pay that fee per unit or just once per mailing address.

For instance will Rolling Green Apartments pay $100 or $20,400 to register all 204 units at their 1 Rolling Green Drive location?

The Rental Bylaw Implementation Group  scheduled meetings for three consecutive Tuesdays next month: September 10, 17th and 24th.

The rental permit system is the town's response to a chorus of complaints over the past many years about overcrowded, unsafe, disruptive rental housing owned by absentee landlords preying on tenants in a very tight rental market.

Coming soon

More Hats Than A Haberdashery

 Larry Kelley, Amherst Town Meeting member, Precinct 5

So yes, I consider myself a digital first reporter who mostly uses Blogger as a publishing platform, although these days strongly supplemented by Twitter, Facebook and LinkedIn. 

Basic principals of journo are sacred:  Seek truth and report it -- especially when the powerful wish it kept secret -- mitigate harm to the innocent, and protect with your dying breath confidential sources.

But I can assure you other roles on occasion override my role as reporter.  For instance, if a tornado hit Crocker Farm School this morning my role as a Dad would come first should I be early on the scene.  As a matter of fact even if it was not the particular school my daughters attend, my initial actions would be to help rather than report.



Landlord Richard Gold who spoke against article #29 (Rental Registration Permit bylaw)  Monday night bitterly complained about my actions on the floor of Town Meeting and called into question my journalist ethics:

"As a so called reporter who chooses to sit in the front row designated for the press it is your obligation to keep your opinions to yourself and your mouth shut. Not to interrupt speakers so as to disrupt and discredit what they are saying. It was your voice alone that first objected to a portion of my speech."

First off, the moderator clearly states at the beginning of every town meeting the front row " may be used by members of the press or town staff" (with special ID showing they are "non voters") but does not suggest regular town meeting members should not sit there, as about a dozen usually do.

In fact I have been in that location for almost all my nearly 20 years as an Amherst Town Meeting member.

As to my "point of order" (which yes, a few savvy members of Town Meeting use as a weapon to distract speakers), I was invoking the Rule of Decorum that clearly states a speaker should "refrain from characterizing a member's motives or impugning the character of other members."

And as you can clearly see it was not long after that the moderator himself interrupted Mr. Gold for that very reason.  Twice.  So I think his real problem is what most people refer to as "sour grapes".

Over on the Town Meeting listserve Amherst landlord and ZBA member Hilda Greenbaum who was a staunch opponent of article #29 wrote: "Where were the unhappy folks last night against a well-oiled neighborhood? Everyone (including myself) seemed to be cowed by their persistence. "

Mr Gold also lamented "Most of my landlord colleagues were unhappy with Article 29 and it went beyond self-serving. In the end they turned out to be summer soldiers when it came time to speak out publicly."

After all the sound and fury leading up to the epic vote, it was almost anti-climactic.  Notice the somewhat stunned silence immediately after the resounding voice vote:

Voice vote was overwhelmingly in favor

The voice of experience

A Safer Healthier Amherst

Stephanie O'Keeffe, Select Board Chair and strong proponent  of Rental Permit Bylaw

While it was unseasonably hot outside the Amherst Regional Middle School, the auditorium where Amherst Town Meeting convenes was even hotter as the issue of the decade, perhaps a generation, Rental Registration Property Bylaw (permit system) came to a final head.

The vote was overwhelmingly in favor, sounding like a clear two thirds majority. So decisive in fact that no one thought to call for a Tally Vote, since the measure only required a simply majority. 

With unanimous support of the Planning Board, Finance Committee, Select Board and Town Manager and more than a majority of speakers who addressed the issue from the floor, the discussion carried on for just over two hours.  A motion to refer back to the Select Board made by Town Meeting member and landlord Richard Gold failed miserably.

Landlord, lawyer and town officials wait in front row for possible call to speak

Another motion offered by Coalition of Amherst Neighborhoods to exempt owner occupied units from the new regulation also failed by a tally vote of 116-74.

Speakers against the ordinance cited costs ($100/year), constitutional issues (unreasonable search by town inspectors), and suggested Amherst is already known state wide for being over regulated.

But common sense won the day, by a very wide margin.  Not something you see all that often on the floor of Amherst Town Meeting. 

Now of course, the lawsuits begin.

Those Who Fail To Learn ...

 Ghosts of Christmas yet to come?

"Whereas:  There currently is a severe shortage of rental housing in the Town of Amherst, which shortage has been caused in part by the rapid increase in the population of the Town since 1970 resulting from its desirability as a place to live ...

Where have you heard that preamble before?  The controversial Town Meeting warrant article continues:

"This severe shortage of rental housing has led to a serious public emergency with respect to the rental housing available to a substantial number of citizens of the Town, which emergency is causing a serious threat to the public health, safety and general welfare of the citizens of the Town."

Selected excerpts from Article #29, Rental Registration Bylaw coning up Monday night?  No.  Article #64, Rent Control Act.  Narrowly defeated by only five votes, 116 to 111.  Monday, May 16, 1983.

Yes, THIRTY YEARS AGO.

Today's landlords should consider themselves lucky that Article #29 is so light on the touch, simply ensuring that minimum common sense health and safety codes are routinely enforced for the good of tenants and the neighborhood.

The only landlords being "punished" are the ones who deserve it!

Of course should Article #29 fail tomorrow night -- and I'm confident it will not -- a fallback article comes up on Wednesday (Article #38), a similar version of Rental Registration Permit system with the main difference being owner occupied units -- whether the rental aspect is an "accessory use" or primary use --  will be exempt from the regulations.

Architects of that less restrictive article also plan to amend #29 with that wording.  

Because  most of the problems of rowdy student behavior emanate from (absentee) non owner occupied rentals, it is tempting to support #38 over the more restrictive #29.

Although the Safe & Health Working Group intended for the General Bylaw to cover all rentals, a serendipitous mistake between revisions does exclude room rentals for up to 6 tenants in owner occupied units. 

And those mom-and-pop landlords who are also town meeting members are now far more likely to support Article #29, the original bylaw created by the Safe and Healthy Neighborhoods Working Group, already approved by the Town Manager, and unanimously supported by the Select Board, Planning Board and Finance Committee.

Tune in Monday night as Amherst Town Meeting takes another bite at the 30-year-old apple.  This time the majority will get it right!

Back story told in emails

Bring On The Consultants

 

Chancellor Subbaswamy addresses Amherst Town Meeting

If the goal of the $60,000 joint Town/Gown study is to enhance relations between the town of Amherst, founded 1759, and our largest employer UMass/Amherst, founded 1863, then we can save ourselves a lot of money as Chancellor Subbaswamy's nearly ten minute speech before Amherst Town Meeting already accomplished that.

Schmoozing with town officials just prior to town meeting start

But the real goal is to enhance relations between the town citizenry and UMass students, and that's going to take some work.  And you don't build something solid and workable without planning.

The motion to spend $60,000 for the joint study, split evenly between UMass and the town, easily passed  by a recorded tally vote 122-46.

 UMass & Town officials huddle during tally vote count

The overwhelming nature of the vote sends a positive signal about the most controversial and most important article of this entire town meeting -- probably in a generation -- Article #29, Residential Rental Property Bylaw, which brings a permit system to the lucrative rental business.

A market driven by the presence of so very many students.  That article comes up May 20.

In Lieu Of Experience: Education

 Trailer for sale or rent, rooms to let 50 cents ...

Perhaps the major problem with the highly lucrative rental industry in a college town like Amherst is an overabundance of rookie renters who flood the market.  Annually.

And just as carnivorous coyotes can smell fear, Amherst slumlords can smell naivete. 

Enter UMass/Amherst, like the Lone Ranger on his trusty white horse, doing what they do best:  education.

Now students can take an online course designed to enlighten them about taking up residence in a rental unit away from home and the university.  Probably for the first time.

And this innovative online program is not just for students moving into off campus housing, but also for the landlords who will rent to them.  A win win situation.

Now students can learn from experienced professionals rather than learning the hard way, and landlords can show off their Good Housekeeping Seal of Approval from UMass, thus creating trust that they will uphold minimum standards of quality control.

Sort of like the Rental Registration & Permit Bylaw Amherst Town Meeting will enact next month.

The tide is changing. 

A Cold Reality

Finance Committee Chair Andy Steinberg Co-Chairing Budget Coordinating Group Thursday morning

Amherst finance guru Andy Steinberg addressed the two town meeting warrant articles calling for many millions of dollars in spending for the eminent domain taking of two properties in town and his brief comment Thursday morning could fit on their tombstone:  "It's hard to imagine how these things are feasible."

Indeed.

But where was he 25 years ago when the town spent the most money in history for an eminent domain taking:  Cherry Hill Golf Course @ $2.2 million, simply to satisfy 100 NIMBYs in North Amherst.

But yes, two wrongs do not make a right, and at least maybe town officials learned something from the Cherry Hill debacle ... maybe.  The taking of W.D. Cowls property in the bucolic Cushman section of North Amherst would cost many times more than the $1.2 million that appears in the warrant article.

Since Cinda Jones has an offer of $6.6 million on the table from a serious developer who wishes to construct high end student housing,  that is how much it would cost the town to take it.  6.6 million.  Dollars.   A UFO piloted by Elvis landing in town center on the 4th of July is f-a-r more likely to happen. 



The taking of Echo Village, which would cost close to $3 million, has a far better shot with Amherst Town Meeting, as the impacted residents who are being evicted will generate far more sympathy than the well off white people from North Amherst.

And the new Echo Village owner, Jamie Cherewatti, is not overly popular with neighborhood groups all over Amherst.  At the Housing & Sheltering Committee meeting yesterday, where about-to-be-evicted tenants presented their case to the committee, Town Meeting member Paige Wilder chimed in, "Jamie Cherewatti owns four houses in my neighborhood that are all party houses."

Social activists Vince O'Connor and Kevin Noonan also spoke in behalf of the tenants urging the committee to support their article for an eminent domain article.  O'Connor pointed out if the town used Community Preservation Act money to fund some of the taking it would place an affordable housing restriction on the deed.

 Peter Jessop, Chair Amherst Community Preservation Act Committee

The CPAC did vote on Thursday night to support an emergency appropriation of $15,000 to help the tenants with relocation.  Apparently the former owner, Jerry Gates, was a tad more benevolent than the new owner and did not require first and last month's rent for new tenants so now there's no savings to rely on for getting a new apartment where that is required.  

But if Town Meeting should override CPAC committee recommendations and use money towards the outright purchase then the 24 units of housing would count towards the town's affordable housing stock, currently at 10.8%. Now in danger of falling below 10% and opening the town up to a Ch40B development.

 Echo Village Tenant Tracylee Boutilier addresses Housing & Sheltering Committee

Either way, with the Residential Rental Property Bylaw bringing a game changing permit system to town also on the warrant, Amherst Town Meeting should be more interesting than a night of network reality TV.

I can't wait.

The Prosecution Rests

 Safe & Healthy Neighborhoods meeting 3/19

At their lucky 13th and final meeting, the Safe & Healthy Neighborhoods Working Group voted 12-1-1 to specifically add "bad behavior" as a legitimate reason for enforcement action under the proposed bylaw, which in the most egregious of cases can result in the revoking of a rental permit.

Obnoxiously loud disruptive party houses that erode the quality of life in Amherst neighborhoods far and wide are the main reason the Safe & Healthy Neighborhood Working Group came into being.

Although vociferous neighbors are still concerned the new General Bylaw -- if endorsed by the Town Manager and then Town Meeting -- will not be ironclad enough to solve their problems with unruliness.

 

Assistant Town Manager David Ziomek Chaired SHNWG

The Select Board will decide, obviously yes, at their April 8 meeting whether to place the new General Bylaw on the warrant for the Spring Town Meeting, where it will require a simply majority vote.  Over the years Amherst has flirted with rent control and rental registration, neither of which proved effective.

Although this time around, the seriousness of purpose is almost palpable.

Maurianne Adams still has reservations

Rental Permit Passes BIG Hurdle

Jonathan Tucker, Stephanie O'Keeffe, John Kennedy 

Amherst Select Board Chair Stephanie O'Keeffe deemed the draft document the Safe & Healthy Neighborhoods Working Group has been toiling over for a dozen public meetings, "Not absolutely perfect regulations, but pretty damn good!"

And with that, after a little clarification help from Phil Jackson who seconded the motion, the committee came to a lopsided 8-2 vote in favor (2 property managers voting no) of forwarding the draft document (part 4.a.1. was taken out today, so it no longer exempts owner-occupied rentals) to the Town Manager, who will craft it into a warrant article for Amherst Town Meeting. 

The Residential Rental Property Bylaw will require a rental permit that is exceedingly easy to get and conversely, very hard to lose.  

As a General Bylaw it will only require a majority vote at Town Meeting rather than the difficult to achieve two-thirds vote that all zoning articles require.

Because we are a "college town," Amherst has a far different housing market than national average:  out of 9,621 year round units 4,258 -- or 46% -- were owner occupied, and 5001 -- or 54% -- were rentals.   National average for owner occupied units is 67%.

Also synonymous with being a college town, college students comprise 59.4% of Amherst's population.  And while the vast majority of college students are industrious, hard working, solid citizens, a small percentage who live off-campus make life miserable for average working families and retired citizens. 

With a permit system in place Amherst will have a new weapon to control irresponsible slumlords.  Like the nuclear arms race of the 1950s and 60s, weaponry town officials hope never to use, but the threat will act as a defining deterrent to bad behavior.

Render Unto Ceasar

Echo Village:  Under New Management (and ownership)

So I guess it should come as no surprise that the first thing Eagle Crest Management does with their recently acquired $3 million property is to raise the rents, thus forcing out most of the clientele in the 24 unit apartment complex, many of them low income, Section 8 tenants.

Quite the ecosystem at work:  Jamie Cherewatti buys the property, valued at $2.1 million, from Jerry Gates who is on the Board of Directors for Craig's Doors Homeless Shelter.  Good thing the Amherst Select Board recently ignored Town Manager John Musante's less than enthusiastic support and allowed the shelter to expand from 16 to 22 beds.

When he appeared before the Zoning Board of Appeals last April to testify in behalf of his successful request to double occupancy at 156 Sunset Avenue, Jamie Cherewatti said plaintively, "I don't want to be known as the slumlord of Amherst."

So maybe he plans to invest millions in the Echo Hill apartment units and rent to upscale blue bloods.  Or maybe not.  Perhaps he will just replace the current, sometime problematic clients, with his usual Modus Operandi, students.  

These days Cherewatti seems to be diversifying his property holdings using a variety of legal entities:  He moved Eagle Crest, his real estate management company, to above one of the more rowdy bars in downtown Amherst -- Stacker's -- after buying the building.   Plus ownership of a slew of expanded rentals all over town, as well as managing a number of units that have earned my prestigious,  'Party House of the Weekend' award

No matter what his final plans are for Echo Village Apartments it's clear the 24 units will no longer be considered "affordable" by state definition.  And when Amherst is already less than 1% above the threshold for the ultimate bogeyman, a Chapter 40B development coming to town, every single affordable unit matters.

This will be used by some landlords as ammunition to try to shoot down rental registration/permit system bylaw coming to Town Meeting this spring.  The argument will be that Amherst strangles developers in red tape so no one will want to build housing in town -- affordable or market rate -- thus increasing the likely hood of falling below the 10% threshold.

Of course after the Gateway Project was scuttled by NIMBYs, perhaps a 40-B development is the only way to make serious gains on our chronic rental housing shortage.

Party Permit?

Meadow Street Mayhem last Spring

The Safe & Healthy Neighborhood working group is furiously formulating a rental registration and permitting system bylaw for approval at the Annual Spring Town Meeting, to deal with that age old blight on Amherst residential neighborhoods -- the Party House. 

One of the other ideas being worked on (hopefully not too hard)  is a joint effort of the town and UMass to have students pre-register off campus parties.  Presumably if a party gets out of hand, the police will be a tad more accommodating because at least the party hosts had registered the event.

But if police are called to the atypical rowdy party going full blast and the hosts have not registered the event, then police will be a little harder on the perpetrators, and have one more charge to add to the roster. 

The latter will of course be the norm.
 
Some states have tried to "tax" illegal marijuana over the years by requiring dealers to pre purchase "tax stamps" for their contraband.  If cops bust a dealer without the stamps then officials can seize their personal property, or something like that.

It doesn't work very well.  Amazingly.

Kind of like trying to keep guns out of the hands of pernicious perps. Whatever rules you impose on the vast majority of law abiding citizens will be ignored by the wackos or hard core criminals.

And it only takes one of them to do astounding damage.

With "party registrations" Chief Livingstone recently told the Amherst Zoning Board, "I'm guessing we're heading in that direction".  But he was quick to add it should be overseen by the Dean of Students office because he didn't think the students would voluntarily come to the Amherst Police Department to register their event.

Safe bet.

 Sober Shuttle for one 2/17 1:22 AM

Perhaps a reason why the 'Sober Shuttle' in downtown Amherst seems to be having a hard time attracting a whole lot of student ridership:  the presence of a uniformed UMPD officer.

Early Sunday morning the 1:20 AM shuttle had only one rider and the 2:00 AM shuttle, if it did show up, would have had zero. 

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 ...

What's in a name?

Town Manager Musante, SB Chair Stephanie O'Keeffe, Pat Kamins at yesterday's meeting

"Permit," "license," or "business certificate" -- call it what you will, but the success of the much needed rental housing bylaw coming out of the endless meetings of the 'Safe & Healthy Neighborhoods' working group comes down to that simple concept.

Rental registration and licensing go together like auto registration and licensing.  Can you imagine the problems if anyone, regardless of license, could drive a car simply because the vehicle was properly registered?

Member Pat Kamins (a mid-sized local landlord) sarcastically asks his fellow members to think about businesses in Amherst "that require licenses or permits that can be revoked if their customers act inappropriately."

Well first of all, think about all the businesses that are not in Amherst because their customers could act inappropriately:  Strip bars, porn shops, head shops, etc. 

In fact, the Board of Health crushed the 'Smoking Ban in Bars Revolt' (by the more rowdy bars) a dozen years ago by threatening to revoke food handling permits for not enforcing the smoking ban.  Since alcohol licenses are tied to food handling permits, the bars quickly caved.

The rest, as they say, is history.  And the town is immeasurably better for it.

 
Crowd of 20 showed up for last night's meeting Safe & Health Neighborhoods working group