The battle for peace (and quiet)

Amherst Police Chief Scott Livingstone, a 30+ year veteran of the APD, went before the illustrious Select Board last night to present an updated intelligence report on the impact of various town bylaws now being used as a tool to suppress outrageous late night behavior fueled by alcohol and resulting in property damage, ugly debris, lost sleep for anxious neighbors and an emotional reason for boards and committees to reject desperately needed development of any kind.

Last year Amherst Town Meeting, at the request of the Campus Community Coalition, increased the fines for the 1st offense on noise, unlicensed kegs, open containers, and the ultimate weapon--nuisance house--to $300. And yes officers can double up on the citations (noise + nuisance house = $600 per responsible party) if the perps are truly outrageous.

Click photo to enlarge/read

The most notable impact of the bylaw fine increase is in the "open container" category, which has resulted in a 16% decrease in citations and a general feeling that incidents of outright public drinking are on the decline, also reflected by a 40% decrease in fines for unlicensed kegs.
But you would think in this day and age a rational person of age should not have to be told (or punished for) walking or driving around in public while consuming alcohol.

The other major categories--"noise" and "nuisance house"--have seen a distinct increase in citations issued over last year from when the fines were far lower.

But the Chief pointed out that it is not necessarily a dramatic increase in occurrences, but more that the town now has the tools to combat this unacceptable behavior via heavier fines, which at $300 are worth taking time to issue. Over $100,000 worth over the past six months.

General public "calls for service" on noise and party violations increased by 35%, but that too could be a result of publicity about the issue: reporting parties now know that something significant will actually get done in response to their call.

And the fines save police time because officers can write a ticket quickly whereas an arrest--the kind with handcuffs--can take an officer off the street for a "considerable" time (5 minutes vs. one hour). Thus officers can come into contact with more violators, deal with them in less time and be available to "handle more serious calls for service."
Yes, the fines are being paid. Chief Livingstone reports (to his surprise) that 50% of the tickets are paid almost immediately and so far 100% of the tickets appealed to the Clerk Magistrate have been upheld. Unpaid tickets eventually work their way through the system and will inevitably result in an arrest warrant--not the kind of thing you want hanging over your head for a lifetime.

As Sir Winston once said: "Now this is not the end. It is not even the beginning of the end. But it is, perhaps, the end of the beginning."





Chief Livingstone's full report

The Mass Daily Collegian reports (to the target audience)

Party house of the weekend

Once again a unit at Rolling Green Apartments, a generation old complex a fair amount of townies call home out on the Amherst/Belchertown border, is our winner. This time #202. According to police narrative: "Loud Party. Loud voices upon arrival, numerous responses here. Town Noise Bylaw citation issued to resident, 20 year old Kanha Sinha."

And I think I'm going to expand my award to include Party House in the making. My first winner is 655 Main Street. According to police logs: "Reporting Party (neighbor) came into lobby to speak with an officer regarding trash and a junk car parked at 655 Main Street. RP also advised us of loud parties from the college students at the listed location. RP was explained the options for calling in noise complaints and the potential for violations of the nuisance house bylaw. RP advised he may call Health Department as well for the trash violation."
655 Main Street (back view)

Side view

A site (visit) to behold

Frat Row: A wide expanse of flat open space in the perfect location, shovel ready

The Amherst Redevelopment Authority met principal vision consultants from American Communities Partnership both formerly at the Planning Department in Town Hall and informally at Judie's--my favorite downtown restaurant--and and then ambled along a site tour (both driving and on foot) of the general area that will someday--hopefully soon--transform the Gateway Corridor leading to UMass.Perhaps Friday was not the perfect day to get an idea of the true nature of the neighborhood as UMass is on Spring break so things were a lot quieter than normal, still the pros from ACP consulting were certainly able to get the physical lay of the land.

The main corridor easiest to define is North Pleasant street running along Frat Row with bookend churches, Mercy House on the southern end close to town center and the First Baptist Church at the northern end just before entering the main campus.

Mercy House Church

First Baptist Church

Stakeholder meetings with all the major players--immediate neighbors, UMass and Town officials, local business leaders, Town Meeting Coordinating Committee, League of Women Voters, etc--will start April 12 and conclude on April 14, setting the agenda for the wide-open interactive public event known as a charrette, now scheduled for April 28,29 and 30.

And since the two churches are well within the Gateway Corridor, one will probably be drafted as a convenient host site.


The Daily Collegian reports

Like a big pizza pie...

ZBA approves ABC permit...finally!

Third time was the charm as the ZBA last night, after two annoying continuations, approved by unanimous vote (which was required) the "special permit" necessary to allow the Amherst Brewing Company the right to pay a Connecticut company a lot of money (but essentially the same as what they were paying a local landlord for their smaller downtown location) to transform the former Leading Edge Gym on University Drive into a cozy, comfortable, responsible, adult-oriented--as opposed to rowdy student--brew pub.

Nice way to celebrate St. Patty's Day, eh?

Gateway: out of the gate, off and running

The Amherst Redevelopment Authority had a most productive meeting, including a brief 10 minute Executive Session to discuss property acquisition, that started this evening at 5:00 (instead of the usual 7:00) and wrapped up at 6:30.

ACP Visioning and Planning, awarded the four-month consulting contract only two weeks ago at our March 1st meeting (one of four bidders for the $30,000 contract), already demonstrates one reason they were chosen: A team will be in town all day this Friday for a series of work sessions with town planning staff, including a walking tour of the proposed main corridor (although an exact footprint is still to be determined) and formulating a list of stakeholders to include in the ultra-public process about to unfold.

The ARA is treating the walking tour of the possible impact area as a "site visit," which is a public meeting--so the general public may tag along--but no policy discussions or public comments will take place.

The old "Frat Row" at the main Gateway to UMass, 1.86 acres of prime real estate, is currently the only swath of land that is certain to be included in the final plan. UMass will donate the keystone piece to the ARA after state legislature approval. Senator Stan Rosenberg, one of the state's more powerful politicians, resides in Amherst and graduated from UMass/Amherst, our flagship institution of higher education.

In 2007 Alpha Tau Gamma, Inc. sold the property to UMass for $2.5 million and as part of the deal donated $500,000 the Stockbridge School of Agriculture endowment plus covered the $300,000 demolition/clean up costs. Since they were a private entity, in their final year of existence as infamous party houses they paid Amherst $60,000 in property taxes.

Since the Gateway Project will also be privately owned-and-operated, it could easily generate over a million dollars in annual tax revenues for our cash-strapped municipal coffers. Giddyup!

Here's to you Cpl Frank Buckles

America's last veteran of World War 1: "The war to end all wars."

By Presidential decree

Party house of the weekend

Strangely enough there were none this weekend--or considering it was Spring Break week--perhaps not so strange. I bet Florida had more than its share. Although the previous weekend there were more than enough party hardy contenders for the award, so I'm sure at tomorrow's Amherst Redevelopment Authority meeting the subject will come up during Public Comment period as ammunition to torpedo the Gateway Project.

When Media platforms collide

What a fascinating week in All Things Journalism. No, I'm not referring to the "China Syndrome' taking place in Japan, also a red hot story at the moment, but to our own local/national/international nuclear meltdown story: The ongoing Phoebe Prince suicide tragedy in South Hadley now, amazingly, 14 months old. A blockbuster story with bionic legs it seems.

And this most recent chapter started innocently enough on Thursday morning with a positive story, otherwise known as a puff piece, in the Springfield Republican's cyber entity Masslive concerning a local South Hadley High School teacher attending an anti-bullying conference at the White House, an article written by intern Rosie Walunas, a journalism student on assignment for a UMass academic project under the direction of veteran print-journalist-turned-professor-of-digital-journalism, Steve Fox.

Well it turns out that particular local South Hadley High School teacher has been acting as a PR flack for the school that pays her salary pretty much from day one, and some have argued that she "blamed the victim" as a means to absolve the school, students, administrators, teachers or town.

And she had a "fashion" blog (now deleted) where she gushed about the upcoming Washington D.C. trip...a blog that I--not know for my fashion sense of course--found to be something out of a Saturday Night Live skit, including a questionably risque photo of her posing in a slinky outfit against an industrial locker, the kind you might find in a High School locker room. Yikes!

The online response--comments posted to the Masslive article, the South Hadley Forum and on a local blog that has relentlessly followed the tragedy with a microscope--came fast and furious, but even the mainstream media (if you consider MSNBC main) scooped everyone via an interview with Jeremy Prince where he sadly pointed out his family's dismay with A) not being informed of the B-I-G White House PR event and B) the "disgusting" choice of having THAT particular teacher attend and present at the conference.

Ms. Walunas demonstrated her digital upbringing by quickly responding with a follow up story in the Republican (Friday) laying out the now escalating controversy--and even mentioned the caustic Internet responses from comments posted to her original story and on the pernicious blogosphere.

By then savvy Republican editors must have figured out this was a major story and veteran reporter Fred Contrada assumed the helm with his further exploration of this epic PR backfire, splashed on the front page (Saturday) with the entire angle of the story highlighting the "shock and disgust" felt by the Prince family.

Meanwhile on Friday the South Hadley Town Reminder (a free weekly) and Daily Hampshire Gazette published overly positive front page stories concerning the anti bullying conference at the White House without any mention of the controversy. On Saturday, the Gazette catches up with the debacle by regurgitating the heartbreaking MSNBC interview with Phoebe's dad.

And this morning an Irish newspaper--The Sunday Independent-- picked up the side story (prominently decried in cyberspace) that South Hadley High School students are coming to Ireland for a visit (led by the now controversial teacher) in a few weeks with the headline giving you a distinct clue what they think about it: "Shock as tragic Phoebe's school plans Irish trip."

Their reception will probably be similar to that any fool would get strolling into an Irish pub on St. Patty's Day dressed entirely in orange and requesting a spot of tea.

A war of ideology

11:45 AM

Tea Party activists, otherwise known as Western Mass 9/12 Project, swamp the usual peace protesters in Hamp's city center late this morning.

Maybe they will pay downtown Amherst a visit one of these fine Sunday afternoons...

Downtown Amherst (any Sunday afternoon over the past 35 years)


Let's hope demonstrators never go this far for attention

ZBA (almost) approves ABC permit. Sláinte!

Jeff Bagg (Amherst Senior Planner) ZBA: Eric Beal, (Chair) Hilda Greenbaum, Tom Ehrgood

UPDATE: 5:30 am
Apparently I left too early last night (babysitter issues): the ZBA unanimously acknowledged that there are no issues to cause a denial, but never actually came to a formal vote on the special permit...yet. Next Wednesday they will finish up crafting the "conditions" for approval and, hopefully, take the formal vote.

Now you know why it takes so long to get anything done in Amherst!

###################################

ORIGINAL REPORT (Thursday night)
9:12 PM

Tonight the omnipotent Zoning Board of Appeals unanimously headed towards approving an ever-so-slight change in usage called a "special permit", crucial for the Amherst Brewing Company to relocate a mile from Amherst town center into a larger, more open commercial space on busy University Drive (so named because it is a main artery to UMass) with a plethora of free parking.

I say omnipotent because the ZBA (appointed by the duly elected five-member Select Board) is essentially the same as a state Governor deciding a death row pardon that requires a unanimous approval from all three sitting members.

This would now make two consecutive business friendly decisions from the ZBA, turning aside organized neighborhood protest lamenting noise, traffic and--in the case of ABC--the all too familiar complaint about potential rowdy student behavior fueled by too much alcohol.

In fact on Monday night, Select Board Chair Stephanie O'Keeffe (during a discussion defense for hiring a new Building Inspector to enforce housing health and safety codes) succinctly stated, "There is nothing more important facing the town right now than the quality of life issues in the neighborhoods. The issue of student rentals, student parties...they really affect every single permit application that comes before the ZBA, Planning Board."

She goes on to issue a stern challenge: "This is an area we need to be serious about. Not just for the quality of life for people today, but because of it being an obstacle to making progress for the future."

Amen!

Attorney Alan Seewald, ABC owner John Korpita


Even the formerly over optimistic folks over at "save our Gym" and revive the Leading Edge seem to agree with my assessment that the ZBA all but approved the permit and will simply dot the i and cross the t on Wednesday:

ZBA March 10th hearing results
The ZBA all but approved ABC's Special Permit application at last night's hearing. On Wed. they will finalize some restrictions and conditions and then it's a done deal.

There is discussion of alternate spaces. It would be a much bigger and more complex project.

Further info to follow.

Hope Springs

Let the sun shine

Ye Old Landfill 1:55 PM

Okay, so unlike his predecessor--that PR challenged guy who flew the coop not too long ago--Town Manager John Musante really gets PR. Although I think he goes a tad overboard with the spin-like intro that Amherst will be a "leader in our region on solar energy," when Athol has beaten us to the punch. Yes, Athol.

But BlueWave Capital is certainly a well-connected, heavy-hitter, as their lead principal John DeVillars is a former environmental affairs secretary for Mike Dukakis who worked his way up to (federal) EPA regional honcho.

And the current Governor seems to be into all things solar and is putting those all important tax credits behind that enthusiasm (at taxpayer expense).


Our modest solar start

Select Board serious about student parties

Perhaps this weekend and the particularly outrageous late night party at 83 Morgan Circle was a tipping point, as last night Select Board Chair Stephanie O'Keeffe threw down the gauntlet saying in effect "enough is enough" and backing it up with budget recommendations: overtime for police and fire and a new position in Housing Inspections and code enforcement. Can you just imagine the violations a health inspector would have uncovered in that "single family" house packed with over 500 alcohol fueled party goers?

Foxborough gets tough on public drinking (although not as tough as Amherst)

UMass SGA candidate arrested for noise violation

Party House serial offender

83 Morgan Circle (A residential neighborhood!)

Despite verbal assurances to the Amherst Police Department that they had changed their evil ways, the denizens of 83 Morgan Circle reverted back to their party habit over the weekend--with a vengeance.

According to APD narrative: "Extremely loud music and yelling was ongoing and unreasonable upon arrival. Approximately 500-600 people eventually left the residence with some resistance. Peace was restored and three parties were placed under arrest for Unlawful Noise."

Mark Edward Holland, age 21
Michael Jason Cabasso, age 21
Sergey Vuytik, age 25


83 Morgan Circle: Previous award for "Party House of the $emester."

Downtown Deja Vu

Winter, 2011

Boltwood Place, a mixed use $4 million showcase, immediately behind Judie's restaurant and just in front of the Boltwood Walk Parking Garage is a downtown dream project about to come true for co-developer David Williams (who is also co-owner of that iconic restaurant.)

A dream that started over twenty five years ago with Amity Place, an ambitious $3.5 million dollar development only a stone's throw away, that failed in 1983 to garner the required two-thirds vote of Town Meeting necessary for a zoning change.

Williams, an architect, had assurances of a $1.4 million federal Urban Development Action Grant for a multi-level parking garage that would be blocked from view on Amity Street by upscale retail/office space and screened along the side by the Amherst Cinema and on South Prospect Street by eight plush condominiums--thus a forerunner of "mixed use," the current hot template for Amherst development.

So when Mr. Williams, a long-time Amherst resident, is quoted in the Springfield Republican saying, "We got so much good cooperation. This town has really changed," he is the quintessential voice of experience.

Gateway Project supporters hope these positive winds of change continue to blow...

Amity Place would have occupied the town owned metered parking lot and what is now Peoples Bank flush with the Amherst Cinema

Sign of confidence?

Landlord Barry Roberts must be fairly sure the Amherst Brewing Company will get Zoning Board of Appeals approval at next week's hearing (even with Hilda Greenbaum Chairing) for a move into the former Leading Edge Gym location on University Drive a mile down the road; or--like the smart businessman he is--just hedging his bet.

Tighten the noose on rowdy student behavior

The Municipal Strategies Subcommittee of the Campus and Community Coalition has come up with a commons sense recommendation, first floated by Amherst authorities years ago, to continue putting pressure on off-campus student misbehavior.

Yes, the same folks who brought us the fine increase to $300 for alcohol violations and nuisance house bylaws to hurt party hardy types where it hurts the most--their bank account--now contemplates asking the University to extend the "Code of Student Conduct" to apply equally to off-campus shenanigans.

As they rightfully point out, "It is the behavior, rather than the location, that is rightfully the University's concern, and that should be reflected in its disciplinary system."

A few years back UMass banned an admitted rapist--a violation of the Code of Student Conduct-- from living on campus thus sending him off to the town of Amherst, kind of like the Catholic church's long ago habit of relocating pedophile priests to some other unsuspecting congregation.

Let's hope the University also treats the fines accumulated by students for the off-campus parties and alcohol violations in the town the same way they do parking tickets on campus: In order to receive a diploma at graduation outstanding balances must be paid in full.

Free speech for all--even wackos

The Supreme Court, not surprisingly, ruled 8-1 in favor of the Westboro Baptist Church to spread vile, hateful, exceedingly painful messages by capitalizing on the tragic deaths of our military personnel, using solemn funerals to promote their obnoxious agenda in the same way perverts post disgusting graffiti on public bathroom stalls.

But the true measure of a great country is not by speech we cheerfully allow, it is by that infinitesimally tiny minority--where we need to hold our nose and then later take a shower for having heard or seen it.

ARA hires ACP for Gateway Corridor visioning

The Amherst Redevelopment Authority, lead agency in the ambitious Gateway reconstruction project connecting downtown Amherst to UMass, unanimously (5-0) choose ACP associates to lead the charge and orchestrate the "public visioning process"--a massive outreach to everyone concerned about the future of Amherst and our flagship institution of higher education.

ACP has extensive experience with the unique process of acquiring and curating public input to bring about consensus, especially difficult in Amherst ("where only the H is silent"); they have also successfully consulted on the arduous multi-year process for adoption of a new Amherst "Master Plan," the first major planning revision in 40 years.

They emphasized to the ARA how a major project like Gateway needs to be visionary, grounded in reality, supported by the community and--perhaps most important--implementable.

Select Board Supports Gateway

Last night the venerable Amherst Select Board unanimously passed (with one abstention) an advisory resolution supporting the "public process" about to commence with the Gateway Corridor Project, a unique coalition of three significant public entities: UMass, the town and the Amherst Redevelopment Authority.

(Aaron Hayden abstained on the supportive vote as he is also a member of the ARA.)

While this may appear at first glance a common sense, non-controversial edict, the subtle purpose was to offset a petition delivered to the Select Board last December decrying the broad nature of the public input process and demanding a series of public meetings focusing on the misperception that Gateway is simply a means to "adding a substantial number of undergraduates to old Frat Row."

The ARA meets this evening to choose a consultant (estimated cost $30,000 in state money) to lead the "visioning process" over the next four months. Let the wider public input begin.

Party house of the weekend: Girls gone wild

19 Farview Way

After Amherst Police broke up a large party at 902 East Pleasant Street by clearing the house of loud partygoers and issuing one $300 ticket about twenty of the revelers decided to pile into 2 or 3 taxi cabs and descend on another party house, this one a at 19 Farview Way, where a neighbor had already lodged a noise complaint.

At this point the neighbor plaintively reports: "The music is getting so loud that two of her children got out of their beds and crawled into hers." Police issued $300 ticket's to all five young ladies ($1,500 total) who rent the "single-family" abode.

APD quintet honored

Left to right: Officers Corsetti, Gutierrez, Soverino, (Detective) Lopez and Officer Guiles

I hate the Umass basketball radio commercials that seem to flood our local airwaves, but it was nice of the Athletic Department to honor five Amherst police officers for their military service to our country (some of it still ongoing) during a recent half time show.

And I guess it does tie in to the military style theme they use in those ubiquitous radio advertising spots.

Diminishing downtown

After five years tucked away behind the second ugliest bank building in Amherst (both owned by Bank of America), 'Essentials' has succumbed due to a confluence of factors: the economic downturn, competition from high volume large scale retailers, and the ever present exponentially expanding competition from countless culprits harnessing the power of the Internet.

Interestingly, owner Sydne Didier issued a heartfelt SOS via the venerable Daily Hampshire Gazette with a guest column published on the last day of 2010 where she admitted that she simply could not compete--at least when it comes to price.

And while she did not request donations as a life preserver, Ms. Didier did eloquently point out that concerned citizen (and citizens should be concerned when a town's economic engine starts to sputter) held the key to 'Essentials' survival, and a legion of other struggling Mom-and-Pops: shop locally.

In her own words

Having their cake and eating it too

Dennis Swinford, center back row (blue shirt) His headache has only just begun

Springfield Republican reports

No wonder Umass PR folks stayed out of the Lincoln Avenue blockade fiasco.

Obviously they knew what a major inconvenience it would be for their employees (and to some extent, students) and probably received an earfull, or inbox full, of comments 18 months ago when the town first attempted the closure; however they probably figured it would look hypocritical to oppose the idea when they knew the concept of closing off North Pleasant street was soon coming up...again.

Lousy timing Mr. Swinford.

Daily Collegian profile

Google Map North Pleasant Street

Lincoln Avenue blockade: the delays continue

UPDATE: Thursday 7:30 PM
The Springfield Republican catches up

UPDATE: Wed 2/23 7:00 PM
The venerable Daily Hampshire Gazette is reporting that town officials have, mercifully, ditched the idea of blockading Lincoln Avenue. I of course had extreme strong suspicions yesterday that was case when I first learned the town had postponed yet again the public hearing from 3/1 to 4/5, but could not get corroberation.
##############################################
Original Post: Tuesday 2/22
So the March 1st public meeting to hear, err, discussion from the general public on erecting a Berlin Wall separating Umass from its multitudinous employees who use that public road (constructed circa 1860 or so) has been postponed yet again--this time until April 5 in the Town Room at Town Hall, a prime location.

The DPW Projects page on the town website has also posted the most recent comments received to date on this latest round of indulgence to all things NIMBY. This one is my favorite, as they manage to weave in the threat from speeders texting while driving, Level 3 Sex Offenders, and track teams running in packs. Yikes!

Another People's Republic breaks rank

Berkeley recently voted down a measure that would have welcomed freed Guantanamo Bay detainees to come live in their sunny city, thus leaving Amherst (and Leverett) high on the shortlist for providing Bed & Breakfasts for those cleared of terrorism charges, but still under confinement at our leased Cuban military base.

Perhaps Amherst Town Meeting should have dispatched Ruth Hooke to the Berkeley City Council chambers to pitch the proposal, and while there she could also have advocated on behalf of Amherst's most recent foray into national defense policy decisions: the "Bring the War Dollars" home resolution.

zàijiàn

Congressman Richie Neal flanked by PVCIC Executive Director Rich Alcorn and his wife Principal Kathy Wang. Kira center front (black t-shirt)

So after almost four years my 9-year-old daughter Kira said her goodbyes last Friday to the Pioneer Valley Chinese Immersion Charter School, originally founded in Amherst almost four years ago and now located in Hadley, as she will transfer back to Crocker Farm Elementary School only a half-mile from our home.

Today Kira left for her homeland with her mother for a month. Since this week is vacation week she will be missing three weeks of school. Apparently Charter Schools have a harder time granting "extended leaves" or "alternative education opportunities" than their public school counterparts.

After 5 days of school absence Kira would have been considered "absent without leave" and summarily unenrolled from the Charter School. My education oriented Ph.D wife, naturally, plans to hire a private, native Chinese tutor (A Grad Student from an elite University) the entire time Kira is in her homeland to keep up with her, you know, Chinese--although it's hard not to when you will need it every day simply to get around.

We had also assumed Kira (currently an A student) could keep up with homework assignments via email and Skype. But according to Barry Barnett, Coordinator of Federal Programs for the DOE Charter School Office in an email to Principal Kathy Wang:

"When the child leaves for a period of time greater than your enrollment policy allows s/he is disenrolled from your charter school." Ouch!

He then goes on to (sort of) explain, "Only school committees can approve home schooling, charter schools cannot. If, aside from home schooling the parent wants to try to obtain permission for any other form of ongoing education for their child, whatever that might be, they would need to pursue that with the school committee of the town in which they reside. The parent may also wish to consult with an attorney in this matter."

Of course what I then considered a simple matter easily accomplished--going before the venerable Amherst School Committee for permission (although I always get a tad nervous when a high ranking state official suggests I may also want to "consult with an attorney") --quickly became a classic Catch 22.

The Amherst School Committee could approve--and I'm sure would have--Kira's three week absence so that she would not be considered according to state law AWOL, resulting in her parents arrest, however she would still be "disenrolled" from the Charter School.

Charter Schools are indeed less regulated than their tradition public school counterparts and as result that usually works for the betterment of the kids.

This case, however, is an exception.

Not so Public, Records

So according to today's venerable Daily Hampshire Gazette my Public Documents appeal for the redacted sentence (one of only two sentences covering the entire meeting) from the 8/30 Executive Session of the Amherst Select Board granting Town Manager Larry Shaffer a sudden retirement with four months pay as a going away present will be denied due to the "personal" nature of the discussion, which lasted a full hour and twenty minutes.

Oddly enough a state attorney updated me via email last week saying they were waiting to talk with the town attorney before making their decision; and I of course responded with a request for that final decision to also be sent to me via email. Apparently that request too was denied.

Since today is a federal holiday, safe bet I'll get the official letter (dated 2/15) tomorrow via good old fashioned snail mail. I guess the Post Office could use the business.

Almost gone

ABC MIA from Town Center?

Once again the Zoning Board of Appeals seems poised to cast another, gasp, pro-business decision; this time in favor of the Amherst Brewing Company, an established bar/restaurant, to relocate its successful operation a mile from town center into a larger commercial space located on a busy direct route to Umass, the Golden Goose of stable employment for all of Western Massachusetts.Formerly The Leading Edge, aka Gold's Gym

Thus it appears the NIMBYs power to snuff development in Amherst is, finally, beginning to wane--on a couple of major fronts. The ZBA, after a protracted hearing process, allowed the variance required for Dr. Kate Atkinson to practice family medicine in a Professional Research Park, thus she will construct a $2.5 million dollar LEED certified 16,000 square foot building, enhancing the taxbase not to mention providing quality medical care to her thousands of patients.

And last week the public hearing to allow ABC to move into the former Leading Edge Gym location in a larger commercial building a mile down the road seemed to garner major public support--including Stephanie O'Keeffe, the Chair of the Amherst Select Board, and Tony Maroulis , the Executive Director of the Chamber of Commerce and a plethora of patrons far removed from the college aged stereotypes neighbors seem to fear the most.

Those speaking in favor of the variance pointed out the previous tenant, a Health Club operation open 100 hours per week, was far noisier than the brew pub and the Jones Library currently adjacent to ABC has never had complaints about either the noise (and a library would notice) or any odor complaints due to the brewing process or routine cooking.

Meanwhile the Amherst Redevelopment Authority is steaming forward with the Gateway Corridor Project, an urban renewal joint effort between Umass, Amherst and a private tax paying developer to significantly beautify the main corridor connecting the campus to the downtown. We have whittled down the original field of four consultants for the "visioning process" to only two and both will come in to pitch their expertise in person at the next two meetings (in Executive Session.)

The ARA will award the consultant contract by March 1st. The ZBA meets again March 10 to present their decision concerning the ABC. I'll drink to that.

The infamous Anon letter mailed to the neighborhood a few days before the 2/10 ZBA meeting.

Former Amherst Bulletin Columnist Baer Tierkel countered in an email to the Planning Department saying "I received an anonymous letter asking me to write against this move, so be aware that there is a campaign against this move being hatched-anonymously My guess is it is from people who want their Gym (Leading Edge) back , of which I was a member, but do not have a viable plan to make that happen. So they are sabotaging another local business with their anonymous campaign."


They also plan for outdoor dining during the wonderful weather season

Providing hope to developing nations via business

So my lovely wife Donna Kelley, a Professor of Entrepreneurship at Babson College and proud Umass MBA, is giving a presentation in Washington D.C. on "Entrepreneurship and Economic Development" this morning to the State Department and other government agencies advancing the idea of entrepreneurship as a solution to unemployment problems in developing nations.

Many of these countries, like Egypt, have invested heavily in higher education, producing well educated college graduates who then find less opportunity in the job market. Entrepreneurship stimulates the overall economy by providing more--and oftentimes higher paying--employment opportunities.

Individuals can create their own jobs as well as build firms that can employ others when society cannot provide enough jobs. And when people are gainfully employed, they are less likely to engage in desperate, destabilizing activities.

The presentation is based on Global Entrepreneurship Monitor research data culled from 59 economies worldwide.

Let the sunshine, let the sunshine in

Former Town Manager Larry Shaffer, standing center (way back in his angelic days)

From: White, Donald (SEC)
To: amherstac@aol.com
Sent: Mon, Feb 14, 2011 10:30 am
Subject: Public Records Appeal - SPR11/009

Mr. Kelley,

I wanted to provide you with a brief update on the status of the public records appeal that you submitted to this office. I have been in communication with the counsel for the Town of Amherst to discuss the information redacted from the 8/30/10 Amherst Select Board Executive Session Meeting Minutes. At this time, town counsel has withheld that information and asserted Exemption (c) – The Privacy Exemption. Although the town has asserted this exemption, I am awaiting further information that will support the use of this exemption. I expect to speak further with town counsel next week, as they are out of the office this week.

Please feel free to let me know if you have any further questions, but I at least wanted to provide you with the information that I had on the appeal to date. Thank you.


Donald White
Staff Attorney


Dear Mr White,

Thank you for the brief update. Nice when a government agency in charge of Open Meetings can be so open themselves. I hope when you make your final decision I can also receive the results via electronic mail.

As I'm sure you know, 'Exemption C The Privacy Exemption' is the #1 reason cited by municipal officials for turning down Public Documents requests. But public officials have a lesser expectation of privacy than the taxpayers who fund their salaries.

And the state allows the exception to be trumped when "there is a paramount public interest in disclosure." Indeed I strongly believe the sudden departure of Town Manager Larry Shaffer, taking with him four months of salary, rises to level of "paramount public interest"; and since he very soon thereafter reentered the job market in Michigan, I'm sure it was not a medical condition that fueled his hasty flight.

The redacted lone sentence I seek represents one half of the 120 minute Executive Session, as Select Board Chair Stephanie O'Keeffe covered the entire meeting with only two sentences. That too is questionable record keeping.

Maintaining public trust should be your paramount concern. When elected local officials hatch backroom deals in a private manner financed with public taxpayer money, it diminishes that sacred trust.

Again, thank you for considering this important matter.
Larry Kelley

Correction: The Executive Session was one hour-and-twenty-minutes (80 minutes) not two hours (120 minutes). Still, pretty hard to capture in only two sentences

School Committee/Union 26 accept $uper counter

Permanent Amherst School Superintendent Maria Geryk (far left)

3:20 PM

The Amherst Regional School Committee and Union 26 quickly voted last night during an executive session to accept Maria Geryk's counteroffer, doubling her length of tenure as "permanent superintendent" from one to two years with an annual salary of $140,000 but closer to $145,000 (when factoring in annuity/life insurance) up slightly from her current $139,000 salary that previously escalated from $109,000 when appointed to the position of "interim superintendent" last year.

Whew, that was a mouthfull.

School Super Search: Secret meeting to decide

UPDATE: 2:27 PM
Still waiting, with finger poised over the publish button. Really l-o-n-g lunch they are having.
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UPDATE: Tuesday 12:45 PM
So yes, I'm still waiting for official word that the ink is dry on the new Super contract, because Regional Chair Rick Hood told the Springfield Republican last night that they had a verbal deal and the signing of the contract was only a formality that should be done by noon. Maybe they are having a long lunch.
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Original Post Last night 8:00 PM
So the Amherst Regional School Committee and Union 26 met just long enough in open session tonight to amend Irv Rhodes "compromise" motion passed on February 6, by striking the 6/30/12 end date on the contract offering the Superintendent position to Maria Geryk for one year, with an evaluation to take place six months into said contract.

Safe bet she came back with a counter offer requiring a minimum of three years.

The joint meeting retreated into Executive Session with the announcement that they would not return to open meeting. I actually questioned the committee's actions, inquiring as to whether they needed to come back to open session to adjourn? They said no.

Tonight's Gazette editorial (championing a two year contract) states: "Under the Open Meeting Law, the panel must return to open session to vote on awarding a contract." Hmm...

Party house of the weekend

Over the weekend Amherst PD issued twice as many warnings (six) for "noise violations" as they did actual tickets (three). Probably a good sign, as the perps must have come into instant compliance with orders from responding officers to lower their late night decibels.

But two locations (out of eight) failed to get the message and as a result garnered an expensive Scarlet Letter: a $300 ticket for violation of the town's noise bylaw. Rolling Green apartment #18 gets the not-so-coveted 'Party House of the Weekend' award since two responsible parties (both age 20) each received a ticket and the runner up at 1 Edgehill Place (age 19) only garnered a single ticket.
1 Edgehill Place

A public apology: the backstory

Amy W February 8 at 12:37pm via Facebook
please remove my name from your blog. it was not intended for your blog. you may use my comments but not my name.

Larry Kelley February 8 1:30 pm via Facebook
Doesn't matter for whom it was intended. It was "published" (with full advance knowledge that it written was for publication) in a VERY public place. Yesterday Ms. Sanderson's blog had more readers than mine.

Amy W February 8 at 1:56pm via Facebook
just please be a decent person and remove my name. you may keep the content. it's a very simple request. thank you.

Larry Kelley February 8 at 2:26pm via Facebook
Maybe you should be a decent person and apologize to Catherine, either on her blog or mine. Preferably hers.

Amy W February 8 at 2:44pm via Facebook
it's not your business if i apologize to her or not. i don't see why you cannot just remove my name. i said you could keep the content. that should be sufficient. or at least remove my last name (you can post amy w.) thank you.

Larry Kelley February 8 at 6:31pm via Facebook
(quoting from Amy W's follow up comment left on Catherine Sanderson's blog): "...if you are a public official and you choose to blog, you end up with all sorts of public comments on your blog. create a problem - suffer the consequences. finally, cathy, today's post made my day!!! thank you for your decision!"

As you said Amy, "create a problem--suffer the consequences".

Amy W February 10 at 7:44pm via Facebook
i apologized on cathy's site. now you can stop having me slandered on yours.

amy w (on Catherine Sanderson's Blog) February 10, 2011 4:35 PM

i wanted to issue an apology for name calling feb 7th on this blog. i was really angry, but in hindsight, it didn't solve anything. i realize now that name calling is not a good role model for our children. my anger was the result of the situation in the school committee and as a concerned parent with a child in the school. i know there are always better ways to channel my anger. i hope people can accept this apology. thank you.

Larry Kelley February 10 at 10:07 pm via Facebook

I removed your name as per your original request

District Court upholds Noise Bylaw

This past Friday the U.S. District Court dismissed a case brought against Amherst filed in October, 2009 by a disgruntled tenant alleging his arrest for violation of the town's Noise Bylaw (now carrying a $300 fine for the first offense) was a violation of his "civil rights" along with 13 other choice charges, and that the noise bylaw itself was "unconstitutional."

Of course the perp made two mistakes: being a repeat offender (although on the second offense APD apparently only gave him a "warning") and using himself as an attorney.

Lincoln Avenue blockade redux

Ed Cutting (left), DPW chief Guilford Mooring (center) who would probably rather be dealing with a Nor' easter, Steve Braun (rt) Committee Chair and Lincoln Ave resident.

Strangely enough the Public Works Committee hearing tonight--postponed by last week's snowstorm--heard more of an earful from folks who do not live on Lincoln Avenue and had no sympathy for folks who would purchase their homes in the shadow of Umass, the largest employer in Western Massachusetts, and then wish to turn their neighborhood into Walden Pond.

Five individuals spoke against, and only three (all residents of Lincoln Avenue) spoke dispassionately in favor of the blockade. One of those opposed, Ed Cutting, is also a Lincoln Avenue resident.

Not surprising I suppose, since the survey I did (see results top right) indicate over 90% of respondents opposed permanently closing one end of Lincoln Avenue--the end abutting Umass.
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MIA: Phil Jackson, lead architect of the blockade, and any Umass External Relations/PR folks, who will have to deal with the tsunami of protest from their workers should the embargo be enacted.