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In Fields Corner, some drivers don't think red lights apply to them

Vivian Gerard's security camera caught a pedestrian getting mowed down at the intersection of Dorchester Avenue and Adams Street in Fields Corner about 11:30 a.m. on Wednesday.

The gentleman with the backpack is crossing Dorchester Ave as all traffic lights are red, and the ped light turns “green” as he is about halfway into his street crossing. A car is speeding thru the intersection sending him over the car hood, and then onto the ground. The driver did stay on the scene. The hit pedestrian was taken by ambulance shortly after. At the time of the posting of this video the victim’s condition is unknown.

Gerard is fed up with the situation at the intersection and wonders when it will see some enforcement and more permanent changes to reduce the odds of a crash like this:

Flanked by 3 high schools, a myriad of businesses and a nearby Red Line stop, this is Fields Corner’s busiest intersection for motor vehicles and pedestrians alike. More often than not, there are cars still moving thru the intersection well after all the traffic lights have turned red and the ped light has turned green. Some of it as to do with people driving thru the red light –occasionally at a high rate of speed. In other cases, vehicles may go thru a green light but find themselves stopped in the middle of this wide intersection by someone taking a left turn for instance. Once the traffic in front of them clears up, they keep on driving thru the intersection even though all the ped lights are green and all traffic lights are red. This condition occurs at most light cycles during busy hour.


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Residents raise children, crime as issues for proposed Mattapan marijuana store

The Dorchester Reporter reports on a community meeting on a proposed Blue Hill Avenue pot shop. One opponent said there are "people with battery powered tools that can cut through your roof."


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Parking emerges as main focus of opposition to proposed Roslindale pot shop

Mitch Rosenfield with current photo of building and rendering of proposed shop.

Three main types of people attended a community meeting tonight on a pot shop proposed for the intersection of South and Walter streets: People who support the idea of a locally owned shop, especially one in a long derelict storefront; people who don't object to the idea of a pot shop in Roslindale in general, just not at that location; and a smaller group of people who begged the would-be operators to think of the children and not open anywhere near families and Fallon Field.

Mitch Rosenfield, who owns the Hempest clothing store on Newbury Street, has proposed a 1,000-square-foot shop in what has long been a grates-down eyesore at 882 South St., in the same building as the Hong Kong 888 Cafe. He would partner with Rick Ovesen, who, like Rosenfield, also lives nearby, and whose father owns the building. Hong Kong 888 fans can relax - the two said the take-out place would remain in its current location in the renovated building.

Rosenfield told a packed meeting room at the Roslindale Community Center he probably couldn't open before the spring of 2020 at the earliest, because of the complexities of winning a state marijuana license and because of the number of applicants already well ahead of him.

Rosenfield began his presentation by attempting to head off concerns about parking. He said the Leicester horror show will not happen in Roslindale because by the time his shop opens, the state will have several dozen pot shops, so nobody's going to be driving long distances to get to a small shop in Roslindale, that there's already plenty of on-street parking in the area near the old Longfellow School and that he expects his peak business time to be Saturdays, when the parking lot at the Roslindale Village commuter-rail stop is near empty. He said he doesn't expect to have any more customers than the Green T coffeehouse across the street - and added he would offer an app so customers could get in and out with their orders that much faster.

"I can't think of an easier place to park my car, really," he said.

Opponents living on nearby streets, though laughed at that and said they didn't buy it for a second. They said nobody's going to pay to park in the MBTA lot and will just park on streets that are already burdened with traffic - such as that caused by reckless drivers speeding down Fletcher from South Street to Centre Street.

"No one's going to park in the train station on Saturday or Sunday," one nearby resident said. "They're going to park in front of my house."

"We're going to have this conversation about parking anywhere we go," Rosenfield said. "Where is there parking in Boston?"

"Malls!" people shouted, referring to American Legion Highway. "Roslindale Village!" others added. One woman suggested Washington Street, some place like the building that now houses Nick's Pizza and Nick's Liquor up near the West Roxbury Parkway.

Rosenfield said he could not open in Roslindale Square because of a prohibition against pot shops near public elementary schools - such as the Sumner on Basile Street. He said he liked one resident's proposal to offer a discount to people who show they've parked in the T lot and that he would be willing to contribute towards speed signs that try to slow drivers down on nearby streets.

He was joined by City Councilor Tim McCarthy in saying Leicester just won't be repeated in Boston. McCarthy said the city is already planning to have the first wave of pot shops open at the same time - to avoid the crowding that happened at that one store. McCarthy added that he expects to see as many as 50 marijuana stores in Boston eventually, which means they will be catering almost entirely to nearby residents.

One supporter said people afraid of traffic and parking issues should take solace from the experience in Roslindale Square last year when a brewery ran a beer hall at the Roslindale Substation. People came from all over but there weren't any great parking problems - just people having a good time - she said.

Rosenfield was also supported by residents who said it's about time the eyesore building was fixed up. Ovesen said his father has tried to rent out the space, but aside from brief interest from a tanning salon and a restaurant, nobody has wanted to move into it.

Although most people opposed to the proposal said parking and traffic were their main issues, some did raise the specter of potheads changing Fallon Field from a family-friendly park to a hazy hell of ne'er-do-wells, some of them teenagers with friends who would obtain pot for them. One resident recalled the 1970s and 1980s, when gangs roamed the park. And they pointed to a study they said showed legalization of marijuana in Colorado has led to more teen pot smokers.

Supporters, though, questioned whether that could possibly happen. For one thing, public-park pot smoking is illegal. One resident who grew up in the neighborhood in the 1970s and 1980s said those weren't gangs back then, just local kids like him.

Dr. Franklin King, a psychiatrist at Mass. General who lives nearby, said that study was based on dubious methodology and that he agrees with other supporters the shop is not going to leave the neighborhood a gridlocked sea of cars because Boston will have so many pot shops by the time it opens and only about 15% of Bostonians use marijuana products.

One supporter, who works for the state Department of Public Health on adolescent addiction issues, said teens aren't interested in going into a store selling legalized marijuana, anyway, in part because the illegal variants will remain cheaper. This raises other issues, but isn't something that should block the proposed shop, he said.

One nearby resident and supporter said he can't wait for the shop to open because his partner's multiple sclerosis symptoms are eased by marijuana, and that he'd much rather have a local shop where he can pick some up rather than going through the inconvenience of getting her to a doctor for a prescription and then to a dispensary - none of which are currently open in the immediate area.

Supporters questioned how the pot shop could possibly be worse than Henry's, which sells alcohol as well as the scratch tickets they said litter the neighborhood.

Rosenfield said his shop will have a state of the art monitoring system - and a front-door "mantrap" and a security guard - that, among other things, will ensure no teens are getting in.

The meeting occasionally became testy. When Ovesen answered one resident's question about the building's ownership by saying, yes, his father owned it, the man replied, "City records would back that up?"

Holding the meeting tonight is just one of numerous steps Rosenfield and Ovesen need to take before they could open. The Boston Zoning Board of Appeals will have to approve the proposal and they will have to work out a "host agreement" with the city, in addition to applying for and winning permission from the state Cannabis Control Commission.

McCarthy, who opposed marijuana legalization, said he recognizes legal pot is here to stay, and that "I will support the local people over people flying in from Arizona and Las Vegas and everywhere else," because a local person will answer his call if there's a problem, while a Las Vegas company wouldn't even pick up the phone.

Rosenfield said he expects his shop to employ up to 20 people and that in addition to hiring local folks, he will aim to employ "equity" candidates who have suffered harm from the war on drugs.

One person who came away from the meeting pleased at what he heard was Seymore Green, who owns the eponymous shop on Poplar Street in Roslindale. Green asked Rosenfield if he would sell bongs, scales and other pot-related paraphernalia. Told that state law bars pot shops from dabbling in these items, Green, who sells such products, smiled. "OK, I can stay in business."


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Missing barge finally found in waters just outside Boston Harbor

The Coast Guard reports a Quincy Police crew found a barge that capsized Sunday morning just north of one of the main shipping channels into Boston Harbor, about two miles south of Nahant, near the entrance to the harbor.

A Quincy Police crew with sonar found what appeared to be the barge in about 100 feet of water yesterday. The finding of the bard, the Dredge 200, was confirmed today, the Coast Guard says.

Close coordination with the Boston Harbor Pilots was crucial to ensure maritime commerce impacts were limited and deep draft vessels carrying vital goods were able to safely transit into Boston.


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Councilors, mayor say farewell to departing councilor Ayanna Pressley

Councilor Kim Janey had to fight back the tears as she praised Ayanna Pressley for being a role model for her, for the other four women on the Boston City Council, for people across Boston.

"You've always lifted up the voices of people who have not been heard, you've lifted up people who have been pushed to the margin."

With fellow new congresswomen Alexandria Ocasio-Cortez and Rashida Tlaib in the chamber, Pressley listened as councilors and Mayor Walsh thanked her for her eight years of service on the council.

The women councilors in particular praised her for setting a path for them - when Pressley first won election, she was one of just two women on the council, and the first black woman, and now six of the thirteen councilors are women of color.

"For me, you are the great destroyer of glass ceilings," Councilor Lydia Edwards (East Boston, North End, Charlestown) said. "You are the one who says 'why not?' wherever you go."

She said that Pressley, who has been open about her own sexual abuse, has turned her experience into help for so many people. "You exposed your pain, you have elevated the survival stories of hundreds, if not thousands of people."

She urged Pressley to go to Washington and do great things with her "squad" - which includes Ocasio-Cortez and Tlaib - and to not worry about the council. "Girl, we got this!" she said. "Because of you, we are better, we are stronger."

Councilor Michelle Wu (at large) recalled how the first parade she ever marched in was the 2009 Pride parade - as a member of Pressley's contingent. She said she was struck by how "joyful, powerful loving and just so personal with each and every resident," Pressley was as she walked in the parade.

And she recalled how, as she marched in this year's Bunker Hill Day parade, a little girl came up to her and said "you must be on the City Council" and when Wu said yes, the girl replied, "You must know Ayanna Pressley!"

Councilor Annissa Essaibi-George (at large), thanked Pressley for many heart-to-heart talks, often over cake, and promised her, "We will always have your back - and you know us girls from Dorchester."

Councilor Matt O'Malley (Jamaica Plain, West Roxbury), said Pressley's election has helped decrease cynicism about the role of government and brought us a little closer to the Revolutionary ideal of "life, liberty and the pursuit of happiness." Addressing Pressley, whom he sat next to at council meetings, he added, "My friend, we're a lot closer now because of your election and you're going to do great things."

Councilor Josh Zakim (Beacon Hill, Back Bay, Fenway) recalled Pressley's grace on the campaign trail earlier this year - a trail they sometimes shared as he ran for Secretary of State. He said that as harsh as people were to him, they were far worse to her, yet she never lost her cool or graciousness, not even at the caucus meeting in his opponent William Galvin's home caucus in Brighton.

Mayor Walsh made a rare trip across City Hall to the council chambers to give Pressley a Paul Revere bowl - the traditional gift for outgoing councilors - and a Boston scarf so Pressley will remember where she's from while mingling with New Yorkers and other types down in DC.

Pressley, in turn thanked her colleagues and council staffers and recalled that at first, she resisted a friend's call to run for the council. But she said, the more she worked with girls and young women of color in volunteer efforts, the more she realized that they were being completely left out of so many discussions.

"I wanted to do something about this, I had to," she said. "I wanted to fight for girls, not to be their voice, but to lift up their voices." She said people told her that "saving girls wasn't a job for a Boston city councilor."

She said that in her first year on the council, at budget meetings she would ask department heads what they were doing to address the needs of girls and young women of color but was met only with silence. At the most recent round of budget meetings, she said, they came with "reports and binders and multi-colored tabs" to show what they were doing. "We proved them wrong."

But, she continued, that fight, and others, have helped improve things not just for girls, but for everybody. "Representative government only works when everyone is represented," she said, vowing to continue her work in Washington.


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City councilors support gas workers in fight with 'National Greed'

The Boston City Council voted today to demand that National Grid cut the crap and get the worker it's locked out for several months back to work - and to support a bill in the state Legislature to create a benefit system for locked out workers.

Councilor, and soon to be US Rep. Ayanna Pressley called the company "National Greed."

Councilor Ed Flynn (South Boston, South End, Downtown, Chinatown) called National Grid "a reckless company" and said he grows increasingly worried that the lack of workers with years of experience will lead to a Merrimack Valley-like disaster in Boston.

Councilor Tim McCarthy (Hyde Park, Mattapan, Roslindale) noted that National Grid is a British company and raised the specter of Revolutionary action. "We kicked them out (once before), maybe we should go over there (to England) and take care of business," he said.

Councilor Annissa Essaibi-George noted the widening effects of the lockout - that small businesses and residents are having trouble getting gas work done.


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When it was still warm enough to just hang out outside

The folks at the Boston City Archives wonder if you can place this scene. See it larger.


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Judge: Just because an uncovered drain hole is rather large doesn't mean a guy who trips in it only has his own damn self to blame

A federal judge today rejected arguments from the operator of a Back Bay garage that even if one of its employees left a large drain hole uncovered, it wasn't liable for a man's injuries when he tripped in it because the hole was so obvious the guy should've known to stay away from it.

US District Court Judge Richard Stearns's ruling means that George Winer can go to trial to make his case for damages against Towne Park, LLC for the "serious and significant" injuries he says he suffered when he tripped on the uncovered drain at the Marriott Copley Hotel garage on May 16, 2014.

At the time, Winer worked for Dollar Rental Car, which operated a booth at the hotel and had several reserved spaces in the hotel garage. In his suit, originally filed in state court, Winer alleged that while walking in the garage, he caught his foot in the drainage hole, with a diameter of eight inches, because an employee at Towne, which was responsible for maintaining the garage, had failed to replace its cover after cleaning out the drain.

Towne asked Stearns to just throw Winer's case out, in part because:

Towne argues that Winer cannot recover because the danger posed by the exposed drain hole was open and obvious.

In its request for summary judgment, Towne elaborated:

It is well established that a landowner's or possessor's duty to protect lawful visitors against dangerous conditions on his property ordinarily does not extend to dangers that would be obvious to persons of average intelligence. O'Sullivan v. Shaw, 431 Mass. 201, 204 (2000). They are relieved of the duty to warn of open and obvious dangers on the premises "because it is not reasonably foreseeable that a visitor exercising (as the law presumes) reasonable care for his own safety would suffer injury from such blatant hazards." Id. Here, if the drain cover was off, it would be blatantly obvious to a person exercising reasonable care while walking through space number 8. ...

Plaintiff had no trouble seeing in the Garage and the drain hole was not hidden by any obstructions. Had the Plaintiff exercised reasonable care in proceeding through space number 8 to the car parked in space number 9, he surely would have seen that the drain cover was next to the drain. A person of ordinary intelligence would have perceived it and avoided it, and, therefore, any further warning would be superfluous.

Nice try, but nope, Stearns replied - in Massachusetts, property owners and maintainers have "a duty of care" to ensure their property does not cause an undue risk:

Negligence consists of a breach of a duty of care that directly and proximately causes harm to a plaintiff. Delaney v. Reynolds, 63 Mass. App. Ct. 239, 241 (2005). The existence of a duty of care (a prerequisite for a finding of negligence) is a question of law. Leavitt v. Brockton Hosp., Inc., 454 Mass. 37, 40 (2009).

Here, as a matter of law, Towne owed Winer a duty of care arising out of its contractual obligation to clean and maintain the garage. Even if the uncovered drain was open and obvious, Towne would only be excused of its duty to warn, not its duty of care. See Judge v. Carrai, 77 Mass. App. Ct. 803, 806 (2010) ("[T]he fact that a danger is open and obvious does not operate to negate a duty of care."). It is undisputed that Towne employees operated the garage twenty-four hours a day and, at times, removed drain covers when cleaning. Winer testified that Josh Jones, a Towne account manager, told him after the fall that a Town employee named "Adam must have left a cover off after cleaning the Garage."

Stearns also rejected Towne's argument that Winer failed to prove that it was to blame for the open hole, because Marriott owns the garage and maybe one of its workers was responsible. That, Stearns said, is a question for a jury to decide, not for a judge to use as a reason to dismiss a suit.


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Developers would keep facade of historic hotel on new inn tower at Roxbury/South End line

The new owners of the shambling Alexandra Hotel on Washington Street at Mass. Ave. have filed their detailed plans to build a 150-room hotel on the site.

The plans call for retaining the facade of the decaying, if historic, remnants of the old hotel as a cladding for two sides of a 12-story hotel. Developers Jas Bhogal, Thomas Calus and Nick Colavito say the interior of the current structure is so damaged by a past fire and decades of neglect that it can't be salvaged.

The plans call for a 12th-floor restaurant and roof deck. A cafe is planned for the ground floor.

No parking spaces are proposed for the hotel.

To deal with increasingly warm temperatures expected with climate change, the hotel's cooling system

[W]ill be engineered to be adaptable to hotter summer extreme temperatures and heat waves by running the cooling tower fans faster and ultimately replacing the cooling towers with larger ones to allow the air-conditioning to work at these higher temperatures.

Also, roof surfaces with be covered with reflective materials to reduce the amount of sunlight-caused heat.

Alexandra Hotel project notification form (26M PDF).

The view from across the street:

Alexandra from street level


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Looks like we won't have dueling presidential candidates from Massachusetts

Politico reports Deval Patrick has decided not to run for president in 2020.


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