25 Eylül 2012 Salı

Lords Over the Land

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290 Lincoln Ave, barn on death row in rear
Just in the past five months using two different LLCs as a cloaking device, KH Amherst PE LLC and GP Amherst LLC, You-Pan Tzeng has purchased a half dozen Amherst houses, three of them on Lincoln Avenue -- one of the oldest streets in overly Democratic Amherst, named after a Republican President before a bullet to the back of the head elevated him to sainthood.

Over the past two years at public meeting after public meeting, residents of Lincoln Avenue have brought to the attention of town officials the persistent problem with unruly party houses, usually single family homes that have been bought up by speculators, subdivided into a" two family homes" and then crammed with eight unrelated, college aged tenants (Amherst zoning legally allows four per unit).



321 Lincoln Ave


The term "tipping point" was used often, meaning the number of owner occupied units was slowly becoming the minority on this historic old street that leads directly to UMass, our largest employer.

The recent purchase of three homes on Lincoln Avenue may very well have tipped the balance ... once and for all.




328 Lincoln Avenue

While Mr. Tzeng is keeping his cards close to his chest, he has tipped his hand with the filing of a ANR plan (Approval Not Required) before our Planning Board to jury rig a second building lot in a location now occupied by a historic old barn.

Even more ominous, You-Pan Tzeng testified before our Zoning Board of Appeals when he converted a one family house at 290 West Street to a two family operation that he "uses Eagle Crest Management for all aspects of property management ..."  Yikes!


Yes, although Eagle Crest owner Jamie Cherewatti testified before the Zoning Board for one of his conversions at 156 Sunset Ave last April that he did not want to be know as the "slumlord of Amherst", it would appear he doesn't work very hard at it. 

For starters, moving his business office from 73 Main Street Amherst into space above Stackers Bar, a youthful, less-than-elegant tap room in town center Cherewatti recently purchased using one of his front LLC's.  In addition to Stackers Pub Railroad Street Partners owns another half dozen rentals in town.


Nothing like staying on top of the source of your success:  alcohol and partying. 

Now that Cherewatti has partnered with You-Pan Tzeng (or vice versa), no neighborhood in Amherst is safe.  The town needs to call a moratorium on all housing conversions until this spring, so Town Meeting can takes up Planning Board articles that attempt to tame the Wild, Wild West. 
  
290 Lincoln Subdivide

The rest of You-Pan Tzeng's very recent purchases:






695/697 Main Street (yes, the garage is 695)

42 Shumway Street

300 West Street

Hadley Hoe Down

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Obviously the problem of student party houses is not unique to Amherst -- although the main contributor is of course UMass/Amherst ,who can't seem to house all of its students, or keep the ones they do shelter on campus with interesting activities.

A former one-family house on North Maple Road (that actually once had a family living in it) in Hadley directly across from the UMass horse farm, about a mile from campus, attracted many hundreds of students last night.  Around midnight four cruisers from Hadley PD converged on the scene, and a few minutes later APD sent two cruisers across town lines to assist.


Dispersed party goers either walked back to campus or crammed into cabs ... in search of another party.


Could have been worse I guess.  Damn social media!

Blood Evidence

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 Murdered Ambassador Chris Stevens
Even though prior to my appearance on Fox News, hate mail had already started pouring in over town officials catastrophic decision to ground the 25 commemorative flags on 9/11, the national news network did screw up the flashy graphics overlayed on my live interview, thus allowing Town Hall to paint this as an intentional right wing conservative vs left wing liberal issue (rather than a right vs wrong) best exemplified in the national media by Fox News and their counterpart CNN.

Of course I was quick to point out that even the venerable CNN screwed up this sad saga of the commemorative flags eleven years ago when they mistakenly reported the town was restricting the rights of private citizens to fly American flags.  A report that was aired only hours after the Twin Towers crumbled.

Perhaps the best reason (besides the one of righteousness) town officials should have know better this time around. "Those who fail to learn from history..."and all that.

So it comes as no great surprise that CNN would remove evidence from a crime scene, read through it for news tips, and then use that information to tell a story that, indeed, needed to be told:  the lousy security for our murdered ambassador in Libya.

Even though CNN promised the family of Chris Stevens nothing would be reported until his personal journal had been returned to them, the news network went ahead with a story anyway, using the vague attribution "sources familiar with the Ambassador Steven's thinking".

But CNN would not have found those sources if not for his private journal, taken from the scene of a crime.

Fifteen years ago the ABC News program Prime Time Live aired a hidden camera segment exposing poor food handling at Food Lion supermarket chain.  The corporation brought suit for trespass and fraud since the reporters used phony resumes in seeking employment with the target company.  Notice the suit was not for libel/slander, where "truth is the ultimate defense."

But a jury agreed and slapped the premier news outlet with a $5.5 million judgement, which was soon thereafter reduced to $315,000.  On a federal appeal two years later, the jury verdict was thrown out. 

Sure BIG corporations acting badly are a juicy target for investigative watchdog journalists and bloggers, perhaps only eclipsed by exposing BIG government acting badly.  And in the case of murdered Ambassador Stevens, there's more than enough blame to go around.

Like Watergate, the real story is not the original act --a two bit break in -- but the cover up after the fact.  In this case CNN should have come clean in their original report about a serious issue the public certainly had a right to know:  inept security for an ambassador in a volatile region who clearly had security concerns, and probably made them known to someone higher up the ladder.

And just like Dan Rather's botched report on President George W. Bush's service in the Texas Air National Guard eight years ago, the watchdogs who watch the media -- blogs -- continue to beat the drums on CNN's ghoulish lapse in judgement, aptly dubbed "disgusting" by a usually diffident State Department.

Trust is a reporter's most powerful ally.  If CNN did not keep their word to Ambassador's Stevens family, how can any nervous source now trust them when they promise -- in exchange for vital information -- to keep the whistleblower's name secret?



Frat Party of the Weekend

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Sigma Phi Epsilon 57 Olympia Drive 
While maybe not up there with Moses parting the Red Sea, the deluge that suddenly fell from the skies Saturday night around 11:00 PM -- peak time for parties to start humming -- put a refreshing damper on large out-of-control affairs like the ones broken up late Friday night on both sides of the UMass campus.
Around 11:40 PM Friday, APD responded to a huge party at Sigma Phi Epsilon that the President and Vice President described as "a social," arresting those two officers of the frat and writing up 14 more "college aged youth" for both noise and nuisance house violations ($600 each times 14 or $8,400).
Plus another two party goers were ticketed for open container violations (at $300 each).
One responding officer said the noise could be heard all the way up to East Pleasant Street, about a quarter mile away from the frat that's located at the very end of a dead end road.
It took seven officers twenty minutes to disperse the crowd, estimated at just over 1,000; and perhaps more tickets would have been issued except APD responded to a call from Hadley police for help quelling a large boisterous party on North Maple Street, dispatching two units to assist.
Arrested for Noise/nuisance:
Dustin Crawford, 57 Olympia Drive, Amherst, MA, age 22  (UMass student and Frat President)Alessandro Raffa, 18 Payson Rd, Belmont, MA, age 20  (UMass student and Frat VP)


33 Phillips Street

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 33 Phillips Street, Amherst
On Monday morning at 6:45 AM, APD did a follow up visit to 33 Phillips Street, owned by Knight Properties LLC,  to hand deliver a nuisance house ticket for rowdy behavior that occurred late Saturday early Sunday morning.

Apparently it's one of those upstairs/downstairs problems where one floor does not wish to party as hardy as the other, but since the living arrangements are so, umm, close quarters that can make things a tad  difficult.  Especially at 1:45 AM.

The previous weekend APD responded to the same address, called  by a first floor neighbor concerned about hoards of kids -- like something out of the zombie apocalypse -- trying to get to the upstairs apartment, even if by climbing over railings and trying to break in via windows.  

Some of you younger hipsters may recognize the address, 33 Phillips Street (yes, one of my Party House of the Weekend frequent mentions).   Besides being the half-way party house in a row of party houses, 33 Phillips is also home to infamous white rapper Paul Markham.

So proud of the address that he immortalize it in his forgettable video "Welcome to the Zoo (UMass Amherst)" last year with a shout out (unfortunately you have to watch most of the video to hear it). 

Well if these $300 tickets keep accumulating, maybe Mr. Markham will drop his floundering rap career and start singing the blues.


 ETOH = Alcohol overdose
AFD Runs Late Sept:12

23 Eylül 2012 Pazar

When GPS Tracking Violates Privacy Rights

For the right to personal privacy to survive in America in this digital age, courts must be meticulous in applying longstanding privacy protections to new technology. This did not happen in an unfortunate ruling last month by a three-judge panel of the United States Court of Appeals for the Sixth Circuit.The case concerned a drug conviction based on information about the defendant’s location that the government acquired from a cellphone he carried on a three-day road trip in a motor home. The data, apparently obtained with a phone company’s help, led to a warrantless search of the motor home and the seizure of incriminating evidence.The majority opinion held that there was no constitutional violation of the defendant’s rights because he “did not have a reasonable expectation of privacy in the data given off by his voluntarily procured pay-as-you-go cellphone.”More

Democrats, Media Get Punk'd: Romney Releases Tax Returns


It's official: The Romney campaign possesses a wicked sense of humor and an enviable degree of patience.  After months of caterwauling, breathless innuendo and baseless slander, the Democrats and their media allies are being treated to a Friday feast of piping hot crow.  The Romney campaign has released a detailed report of the the candidate's 2011 tax returns, as well as an extensive summary of the Romneys' taxes over the last two decades, prepared by analysts at PricewaterhouseCoopers.  What do these documents contain?  Brad Malt, the Romney family's trustee, summarizes the 2011 data:
 
- In 2011, the Romneys paid $1,935,708 in taxes on $13,696,951 in mostly investment income. - The Romneys’ effective tax rate for 2011 was 14.1%. -The Romneys donated $4,020,772 to charity in 2011, amounting to nearly 30% of their income. -The Romneys claimed a deduction for $2.25 million of those charitable contributions. The Romneys’ generous charitable donations in 2011 would have significantly reduced their tax obligation for the year. The Romneys thus limited their deduction of charitable contributions to conform to the Governor's statement in August, based upon the January estimate of income, that he paid at least 13% in income taxes in each of the last 10 years.
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