Q&A: For Spirited Owner, Transferring License Usurps Residents Wishes [VIDEO]

Photo: Chris Benoit, owner of The Spirited Gourmet in Cushing Square.

You can not tell the tale of bringing alcohol to Belmont without talking about The Spirited Gourmet and the Benoits, as it was Chris and his then wife Elena who were at the forefront of turning Belmont from one of the last “dry” towns in the Commonwealth into one where a residents could buy a beer or bottle of wine within the borders of the “Town of Homes.” 

“My ex-wife and I were responsible for bringing licenses to town,” said Chris Benoit, who worked in high tech before creating stores in Winchester in 2004 and Belmont in 2007. 

“Customers from Belmont would come to our store in Winchester and say, ‘What a great place. I’d be nice to have something like this in Belmont.'” The selectmen visited the store, his ex-wife made a presentation at the 2006 Town Meeting, the town voters in 2007 approved three licenses, and the Benoit’s got the all-alcohol license.

“Pretty straight forward,” he said.

And for the past decade, Benoit has devoted his life to the busy street front store at 448 Common St. in Cushing Square which led the early revitalization of one of Belmont’s four commercial centers.

“We have seen ourselves as being an anchor attracting business to this area. Compare the square today compared to when we first opened, it’s radically different,” he said. “So we kept our promise with the residents to spur economic activity.”

But it has been far from smooth sailing since opening the store.

“I’m here Monday through Friday, 10 a.m. to 7 p.m., invested a tremendous amount of money as well as my time. I’ve had to use a good chunk of my 401K to get past cash flow issues. It’s terrible because not only is it your retirement, you get penalized for taking the money,” he said.

“But you do what you have to do to stay in business,” said Benoit.

But in the past week, Benoit believes his business and the residents are facing a challenge to the cozy environment of local alcohol sales with the attempt by the owner of The Loading Dock retail store and restaurant to sell his all-alcohol license for $400,000 in compensation to Star Market which is looking to add a 2,000 sq.-ft. “liquor operation” to its Waverley Square store. 

The Board of Selectmen which heard the request on Sept. 19 postponed a possible vote until Oct. 6

“When I first heard about this from one of my managers, I thought he got the details wrong. It just seemed to come out of nowhere,” said Benoit. But it took only a few hours for the Somerville residents to set fingers to keyboard.

In an email letter sent to customers and the public, Benoit wrote a statement he believes reflects the feeling of the majority of residents and business owners in Belmont. 

“Allowing the license transfer to Shaws/Star Market will hurt this business financially and would not be in the spirit of why these licenses were created, for economic development,” said Benoit. (See the complete letter below)

“I’m not a cold-hearted person, and feel for Mr. [Faud] Mukarker [owner of The Loading Dock], but why should current license holders be penalized for his lack of planning and/or financial resources?” wrote Benoit.

It takes a while to build your business and become profitable especially with alcohol sales, and I don’t think the Loading Dock thought he could lose money selling liquor, said Benoit.

“Being successful doesn’t come overnight and just because someone gives you a license,” said Benoit.

Benoit has asked his store’s customers and local businesses and residents who question the transfer to attend Thursday’s Board of Selectmen meeting (7 p.m., Town Hall)

The Belmontonian interviewed Benoit at this store in Cushing Square. 

Q: When you heard about the proposed transfer?

A: The first time I heard about it was Tuesday evening, the day after the meeting. I had no knowledge of this transfer up until then. The town isn’t obligated to inform licensees that this is going on although they are required to post a notice in the ‘paper. I never saw it, and likely the reason is that [the newspaper] don’t typically put it in place where everyone can find it.

Q: And what was your initial reaction?

A: I was not very happy (laughing). When you read that a major supermarket chain wants to take 2,000 sq.-ft. of their space dedicated to a liquor store and invest $2.4 million and they are less than a mile from you, that’s pretty scary as every other license holder.

Q: How would a license at Star Market effect your business?

A: As I said to many people, the issue is that there’s only so much business to be had when you are offering alcohol sales. So there’s a certain financial pie and that pie isn’t getting any bigger for people who shop locally. Let’s say someone from the South Shore were to come by here and say, ‘What a beautiful store’ but they are not coming back because they have something close to them. So when you put something in your backyard, customers are going to be interested and shop there.

I took a hit when a small guy like Art’s Specialties (across Trapelo Road from the Studio Cinema) or when a store opened in Waltham, it’s just more competition in an already saturated market. So at a certain point, the little guys won’t be able to withstand that level of competition and they’ll go out of business while the chains that can sustain it with their financial resources will be the only ones left standing.

Q: What wrong with a transfer? 

A: The whole point of licenses was to promote small businesses. Town Meeting didn’t want chains or liquor stores. That’s why when they were first handed out, we got one, the Craft Beer Cellars got the beer and wine license and Vintages [in Belmont Center] the other wine license. And for that time, the three of us work off one another because we emphasize our differences. So we could co-exist and it worked out very well and we brought a lot to the community. 

Now the town has added Foodies [a three-store chain based in Boston’s South End that is slated to open in the summer of 2017 in the former Filene’s site in Belmont Center] to the mix. You know that will affect Craft Beer’s sales and Vintages was just sold so the original owner saw the writing on the wall. 

I think when Foodies was awarded the license, the board looked at this big empty space since Macy’s moved out which was an eyesore. So putting in a Foodies is sort of economic development, it’s coming at the expense of other license holders within spitting distance of the store. But it’s something where you’re helping to beautify the Town Center and adding value to the residents by giving them another grocery option then just Star or Shaws.  

Q: Do you believe your argument against a license transfer to Star has been made more difficult to make since the town granted one to a small chain in Foodies?

A: When the Loading Dock went to get its license, one of the other applicants was D&L Liquors. Part of the reason it was denied is because it had three liquor stores and wanted a fourth. You said no to a chain once, but the next year when Foodies – while a small chain with three stores, it’s still a chain – comes in gets the license.

Unfortunately, a precedent was set last year by giving Foodies a license. This has created a loophole that Star Market is trying to exploit. And with their financial resources and legal team, they can make it difficult for the town.

Q: Two days after the meeting, you wrote an open email letter to your customers and residents which was critical of the attempted transfer. What are you attempting to achieve?

A: Initially I was unaware of the meeting and I don’t think many in town understood what was happening. The Loading Dock’s owner brought his supporters and rallied behind him at the hearing and I totally respect and appreciate what they’re doing. They like the owner and are supporting him. I hope my customers do the same for me.

But the letter was more to let people know what is going on and it seems that no one knows this is happening. These licenses were never intended to go to a store like Star Market. As the Town Meeting and selectmen all said; if Star Market applied, it would be denied a license.

People need to know this because a transfer would have a really big impact. If the town gives Star Market a license, the whole landscape of the town with respect to alcohol purchases is going to be different. Five years from now, all the small stores will be gone, my store could very easily be gone and you’ll be looking at Star Market and Foodies as your two options.

Is that what the people want? I know for a fact that Town Meeting both times didn’t vote to have that kind of thing. They never wanted chains or for supermarkets to have licenses. That is the wish of the residents through Town Meeting. If you give the license to Star Market, that goes against the will of the people and you are heading down a slippery slope. People should be able to come to the meeting saying, “This isn’t right.”

Q: What has been the reaction to your email letter?

A: People are pretty heated about it. The most comments I’ve got is how does someone who doesn’t own the license and has only held it for 18 months could be allowed to make $400,000 off it. That’s what people are scratching their heads about.

I pay $4,000 to the town to operate my business. I don’t own the license. It’s a public good. If I sold this store, the license would stay with it because the operation would lose value. But to be able to take a license and just sell it on its own, that’s just crazy. How do you profit from something that you don’t own just doesn’t make any sense.

• • • • 

Chris Benoit’s email letter 
On Monday evening there was a meeting held by the Belmont Board of Selectmen and The Loading Dock. Unfortunately, the Town is not obligated to notify other license holders so we were unaware of the meeting. The owner of The Loading Dock is looking to transfer his all alcohol license to Shaws/Star Market in Waverly Square and collect $400,000.
This license, and two retail beer and wine licenses, were created at the 2013 Town Meeting, for the purpose of “economic development”. The Loading Dock was awarded the license in 2014 based on bringing economic development to the Brighton Street section of Belmont. At that hearing, then Selectman, and proponent of Town Meeting Article 15, [than Selectman] Andy Rojas, was quoted as saying “I believe this license would generate economic development in the spirit of why I supported a liquor license in town.” Within two years the owner has decided he needs to have an “off premise”, or restaurant/pouring, license to survive. 
The owner of The Loading Dock has discovered that having an all alcohol retail license isn’t the pot of gold he envisioned. Had my then wife, Elena, and I, who together opened The Spirited Gourmet in 2007, not planned well there would be no Spirited Gourmet. We knew, like for most businesses, that you’re likely going to sustain losses when you’re starting a business and it took us years to get in the black. We also knew that having a successful business would require having enough money to fund inventory, which, in our case is over $300,000. I’m not a cold-hearted person, and feel for Mr. Mukarker, but why should current license holders be penalized for his lack of planning and/or financial resources?
We try to have fun with what we do here but this is a difficult, competitive business. My living in a Somerville apartment and driving a 16-year-old car will attest to the fact I’m not getting rich from this business. There are currently 9 liquor stores within a 2.5-mile radius of The Spirited Gourmet. Foodies, which is scheduled to open in the fall, will make 10 stores. People shop local for this type of business so there’s a finite number of customers available to sustain a store. Allowing the license transfer to Shaws/Star Market will hurt this business financially and would not be in the spirit of why these licenses were created, for economic development. Had Mr. Rojas used Shaws/Star Market, and not this store, as an example of what these licenses would be used for I highly doubt they would have been approved. This is, unwittingly, turning into a bait and switch with a small food chain now holding a beer and wine license and a large conglomerate potentially being granted an all-alcohol license. 
Mr. Mukarker appeared with his supporters Monday evening. Elena and I have requested a meeting with the Board prior to their vote. We could really use the support of our customer base so that the Board understands that small business matters and stores like this add to a community. 

Oy Vey: Selectmen’s Liquor License Meeting Moved to Thursday, Oct. 6

Photo: The initial meeting on the transfer of a full alcohol license.

The Belmont Board of Selectmen has rescheduled the continuance of a meeting on the proposed transfer of a full-liquor license, moving the date from Monday, Oct. 3 to Thursday, Oct. 6.

The move was necessitated after the board realized the Jewish holiday of Rosh Hashana begins at sundown on Oct. 2 and ends at nightfall on Oct. 4. 

“We didn’t want to offend anyone, so that’s why we moved it up three days,” said Mark Paolillo, Selectmen chair at its regularly scheduled meeting on Monday, Sept. 26. 

It is expected the meeting, involving the request by Faud Mukarker, the owner of Brighton Road’s The Loading Dock, to transfer the business’ full alcohol license to the corporation that owns Star Market, which will use the license to place a 2,000 sq.-ft. beer/wine/liquor department in its Waverley Square store. The company would compensate Mukarker $400,000 for the loss of the license.

The initial meeting on Sept. 19 ended in acrimony as the Selectmen would not approve the transaction at the time to the dismay of Mukarker and his supporters.

Belmont Broker Boyle Makes the Move to Gibson Sotheby

Photo: Carolyn Boyle.

Long-time Belmont resident and real estate broker Carolyn Boyle is on the move.

Boyle has joined Gibson Sotheby’s International Realty’s team of experienced agents, according to Larry Rideout, the firm’s CEO/co-owner.

“Carolyn has a track-record of success and is dedicated to providing superior service for her clients,” said Rideout. “As a senior real estate specialist and accredited buyer representative, she has the knowledge and expertise to best serve her clients. We’re delighted to have her as part of our team.”

Gibson Sotheby’s International Realty is Boston’s largest independent real estate company. Founded in 1962 by Betty Gibson in Boston’s South End, the firm has several offices in Boston, Cambridge and Greater Boston area.

With 20 years of marketing and finance experience, Carolyn offers her clientele a wealth of knowledge to guide their real estate experience. Her extensive experience staging homes and strong analytical skills to effectively price properties ensures her seller clients command the highest price potential for their home.

A Belmont resident for 21 years, Boyle has been devoted to the community through her extensive volunteer work for the Foundation for Belmont Education, Chenery Middle School and Wellington Elementary School PTOs, Belmont High School Performing Arts Company and Belmont Activities Committee.

Boyle matriculated at Amherst College and earned an MBA from UCLA’s Anderson School of Management.

Sold in Belmont: Loft Living on Waverley Street, No Longer on Goden for Concord Ave.

Photo: 112 Waverley with the antebellum balcony.

A weekly recap of residential properties sold in the past seven 25-plus days in the “Town of Homes.”

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264 Concord Ave., Unit 2. Downstairs condo in two family (1915). Sold: $680,000. Listed at $699,000. Living area: 1,350 sq.-ft. 5 rooms, 2 bedrooms, 2 baths. On the market: 81 days.

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685 Belmont St., Two-family (1918). Sold: $689,900. Listed at $699,000. Living area: 2,250 sq.-ft. 10 rooms, 4 bedrooms, 2 baths. On the market: 102 days.

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112 Waverley St., New construction Colonial (2015). Sold: $1,210,000. Listed at $1,210,000. Living area: 3,200 sq.-ft. 8 room, 3 bedrooms, 2.5 baths. On the market: 66 days.

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• 262 Concord Ave., Unit 1. Upstairs condo in two family (1915). Sold: $664,000. Listed at $659,000. Living area: 1,350 sq.-ft. 5 rooms, 2 bedrooms, 2 baths. On the market: 81 days.

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• 55 Trapelo Rd., Classic ‘Belmont’ Colonial with attached four-room office space (1920). Sold: $930,000. Listed at $998,000. Living area: 2,400 sq.-ft. 10 rooms, 3 bedrooms, 2.5 baths. On the market: 118 days.

[Below is the personal opinion of the writer and not of the Belmontonian, which loves all homes and those who sell, make and buy them.]

Apparently, anything a residential contractor/architect/developer constructs in Belmont today will sell for top dollar.

Case in point, the newly built lump of wood at the corner of Waverley and Waverley Terrace. 

First the outside; The front-facing exterior is attempting to appear like a Colonial which is fine if it was wide enough for the number of windows required: while five (windows on the second floor) over four (first floor) is the traditional arrangement, there should be some spacing between them. But with the boxy nature of the house rather than a more expansive rectangular shape found in Colonials, you have to squeeze the windows way too tight to get them all in. I won’t even mention the windows should have correctly proportioned shutters, but that’s for another day.

The basic problem on Waverley is like so much new construction in Belmont; developers are attempting to pack so much livable square footage into a relatively small lot created about 100 years ago. This one is hammered into a tiny parcel that once housed a modest single family. That’s why there’s a back “strip” since it doesn’t qualify as a back “yard.” Not that you could find any value in looking at the blank walls and dull windows on three sides of the house, particularly the garage side with three windows with shutters and for some unknown reason, the ones closest to the rear without. The neighbors who have to see this side thank you. 

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And what’s with that bizarre landing/balcony above the front door? Colonial (Colonial Revivals) main entries are accented with a pediment, that traditional triangular crown above the door. A popular variation is an extended pediment that is supported by columns to form a covered porch. But on Waverley Street, what you have is a throw on from an antebellum Atlanta manse that makes no sense whatsoever in New England. How is Scarlett O’Hara to get onto the balcony? There’s no door so I guess she’ll have to crawl with her hooped skirt through the middle window.

How do you defend this?

Observer: What’s with the phony balcony above the entry.

Developer: It’s pretty.

Observer: But it doesn’t belong on a Colonial-style house.

Developer: It’s pretty.

Observer: It’s like putting a big red ball nose on “Whistler’s Mother.”

Developer: It’s pretty.

Want to know why true Colonials have pediments and not Southern-themed terraced balconies? Because New England gets sixty inches of snow a year and Atlanta doesn’t! Who’s going to shovel this decorative miscue? With the front facing south, we all know what that means: icicles the size of stalactites. It’ll look like a scene from the “The Game of Thrones” come February.

Then, there is the interior. There certainly is a “wow” factor coming through the front door, but not the “wow” value you’d want because what you are confronted with is an aesthetically vapid empty space. It’s loft living, Belmont style! I have been in a room in an Archduke’s palace where Mozart premiered an opera and I swear it was performed in less space. Yell “hello” at the entry and the echo coming off the back wall will give you whiplash (Hello! hello! hello! hello …).

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The reason for this expanse of air is that the area for the kitchen, dining room and living room are combined into a single area comprising 900 square feet. There are condos for sale with that much livable space. 

What this expanse of space tells any owner is: you’re on your own! This floor plan is likely to be a royal pain for the simple reason the homeowner (more likely an interior decorator) will need to map out and then execute elements – shelving, furniture, screens – to “define” space for certain activities. Why? Because we humans crave it. It’s the reason we left the caves. We want a designated area for casual living, for cooking, for eating, for formal dining, for quiet space. Where is the privacy with such a busy first floor? How can you relax with a good book when the television is on, someone is cooking in the quarry and teens are going up and down the open staircase, all within view. I suspect there will be a line of people wanting to use the first-floor office and the bathroom simply because they have doors that can be closed. And you really want to hide the kitchen as visitors will mistake it as a granite quarry. Welcome to the 1980s.

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The reason for the open area is that walls would take up space and show the true dimensions of the first floor. The house is listed at 3,400 sq.-ft. but 800 sq.-ft. is in what is being called the family room but, hey, it’s an unfinished basement that you throw the kids in the winter. Include the garage and utility (electrical) room and you’re looking at a 2,300 sq.-ft. house on two floors. Add walls, common areas (hallways) and the rest, well, it’s a lot less than the overabundance of space most buyers want in new construction. 

The second floor shows the problem of squeezing as much space into a smallish lot: There isn’t a  landing or a hallway when you reach the top of the stairs but a tiny common space where you’re facing three doors. 

And the depressing fact is that it doesn’t have to be this way. There has been great new construction and renovations in Belmont – here’s one – with elements that an architect can steal for their own site. But developers today would rather select a common design out of a book than think about the people who will occupy the space. It’s if Frank Lloyd Wright decided, what the hell, why not select a beach house design for that land by the falls? 

So despite the long list of fails, there were 1,210,000 million reasons why this example of architectural malpractice was built. But then again, the purchaser is unlikely to spend a lifetime here. As was noted in this weekly article months ago, it appears that many owners of million dollar homes – why does the term “million dollar homes” seem so out-of-place on the “Terrace” – will leave by the time the second coat of paint is dry. Why be bothered by the strangely empty space and tight space upstairs? We’ll be gone soon enough.

So, it doesn’t matter what you construct: build it and they will come, cash in hand.

• • • • •

Here’s a new one, the owner of a home at the corner of Goden and Concord has decided that a Concord Avenue address would suit the sale of the condos better than keeping the old address.

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“Official address has been changed from 4 Goden St. to 262 Concord Ave., Belmont” said the sales blurb with a similar one for the other unit. Does Concord Avenue now hold more cachet than Go(l)den Street?

To be fair, the structure’s front door does face Concord Avenue which would lead you to believe the address change is a correction 101 years in the making.

• • • • •

JJ Watt is one of the best defensive linebackers in the NFL, a three-time Defensive Player of the Year (although he had surgery for a herniated disk during the summer and is not 100 percent) and a big deal for his team the Houston Texans. So, let’s just imagine Watt was traded by the Texans to the hometown New England Patriots. And let’s just imagine he loves the new Belmont Center so much he wants to live in the “Town of Homes.” So that means not just a trade of players but also of homes.

In Houston, Watt lives in what is called a “modest” home in Pearland, Texas: Built in 2005, the traditional-style, four-bedroom, three bathroom home measures 4,169 square feet and sits on a quarter-acre lot. It features a saltwater pool, patio with pergola, and outdoor kitchen. The two-story family room has a fireplace and specialty molding. There’s also a master suite on the main floor.

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The price: $465,000.

So what can Watt get in Belmont? Try this NFL-ready “modest” condo on Gilbert Road: Built 90 years ago, the quaint 990 square foot first floor unit in the sought after Cushing Square area of Belmont features hardwood floors, a sun-filled living room that opens to a formal dining room with a built-in china cabinet, two bedrooms and a tiled bath. Other pluses: updated utilities, replacement windows, ample basement storage, a porch and fenced yard, one car garage, and three car driveway parking. 

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The price: $489,000.

While Watt may balk (inter-sports reference) at trading up to Belmont, this condo is actually a great starter for a young couple looking to establish themselves in town. Just not a 6 foot, 5 inch, 290-pound transfer. It is quite charming with the period interior detail throughout and a foyer entry. I even think it would be great for empty nesters as they save up to buy a Rhode Island retirement home.

Selectmen Question Proposed Liquor License Transfer to Star Market

Photo: The Loading Dock’s Fuad Mukarker (left center, arms folded) before the Belmont Board of Selectmen Monday. 

At a meeting that grew more impassioned as the night wore on, the owner of a Belmont business came before the Belmont Board of Selectmen on Monday evening, Sept. 19, seeking its approval of a deal that could change the face of alcohol licensing in Belmont for years to come.

Before the three-member board was the unlikely pairing of Fuad Mukarker, the owner of the popular dining location The Loading Dock on Brighton Street and the regional supermarket heavyweight, Star Market, which Mukarker is hoping to transfer his business’ full-liquor license for $400,000 in “compensation.” 

Bringing hundreds of signatures and approximately 40 supporters to make passionate pleas allow their “friend and neighbor” to bank nearly half a million dollars for the license the town provided him almost 18 months ago, the selectmen were noticeably wary of possibly creating a precedent of rubber stamping a deal that disregards what the three said is the all-important application process.

“This is not about [Mukarker],” said Mark Paolillo, Selectmen chair who said the board would attempt to help him continue operating the Mediterannian-theme cafe that has received excellent reviews in local media. ‘This is about the applicant [Star Market].” 

The town established retail “to provide a license to local business such as the Loading Dock” and not to provide “Star Market with 2,000 sq.-ft. of alcohol sales.” 

“So I’m uncomfortable with the transfer,” said Paolillo. “I’m leaning to deny this.” 

That did not sit well with some members of the public.

“Can we help out an average small time guy. Can we do the right thing here?” said Stephen Kerins, of Sandrick Road and Precinct 8 Town Meeting member. 

After another resident had suggested the board was unfairly targeting the store/cafe, Paolillo lashed out uncharacteristically to the citizen. (He would later apologize via a Facebook posting to the resident.)

While the transfer of a license is a standard business practice across the Commonwealth – last month the Selectmen approved one to the new owner of Vintages in Belmont Center – the issue is the location and who benefits from the transaction.

Full alcohol licenses are coveted by merchants as only two are set aside for retail/store operations in Belmont. The number was purposely limited in an attempt to discourage large retail liquor stores coming to Belmont. 

The selectmen said the intention of past town meetings which approved the lifting of the 140-year ban on alcohol in the late 1990s was to use the licenses approved by the state legislature to “create economic diversity in vulnerable communities and not to establish package stores in Belmont,” said Paolillo. 

The last time a new license was presented in 2014, Mukarker beat out applications from Waltham-based D&L Liquors and the Craft Beer Cellar of Belmont Center to sell beer, wine and spirits at his store, The Loading Dock, which the Belmont resident transformed from a White Hen Pantry franchise and later an independent convenience store.

Star Market’s attorney Joseph Hanley, a partner at Boston-based McDermott, Quilty & Miller, noted that it is “common custom” for the owner of the license to be “compensated” for the purchase and sale of his license. 

“This happens in towns and cities in the Commonwealth routinely,” said Hanley.
 
Hanley said his review of Belmont’s 2014 Home Rule petition that provided for full alcohol licensing indicated no prohibition on transfers which the could have included two years ago but did not.
 
“We are here to provide economic and community development in the town of Belmont,” said Hanley, noting several times that Star Market has been a fixture in town for a quarter century and is about to undergo a $2.4 million renovation in which the transfer is an essential component.
 
Handley said with this investment into the store, “customers will come to expect a certain amount of amenities, and the alcohol license is critical to that [economic development] and folks who live in this town,” said Hanley.
 
Handley said the Belmont store has an experience manager in Steve Duran who ran the Cambridge store which has a thriving retail liquor operation. Additionally, the four current Star locations in Massachusetts – in Cambridge, Franklin and two in Boston – has been cited by the state’s alcohol control board just once in a decade for a violation of sales to minors.
 
With this transfer, the area of alcohol sales will triple from 700 to 20,000 sq.-ft. (although Handley believes the actual square footage to be utilized is far less) and move from a fledgling business area along Brighton Road to Waverley Square, a highly-traveled location in Belmont.
 
Asked why Star did not apply for a license in 2014, Duran said the company was limited to four licenses in Massachusetts due to state statute protecting small liquor retailers from large entities that have greater pricing advantages. That ceiling has been raised recently, allowing the corporation to pursue these licenses.

A $400,000 lifeline

While the transfer would be a great addition to a newly remodeled store, the transaction would be a lifeline for Mukarker, who indicated Monday that he needs the $400,000 to “keep the Loading Dock afloat” as the turns around his operation into a full-time restaurant.
 
Mukarker told the board “I loved this license from day one” and always wanted to keep it. But due to money spent on the building and other expenses, the former banker who became the owner of White Hen Pantry that once stood on the site needed some way to increase sales at the cafe. 
 
Determining that serving beer and wine with meals would meet his cash flow issue, Mukarker applied to the town for a beer and wine “pour” license that he could use at his expanding restaurant. 
 
But according to Mukarker, just days before his “pour” application was to be presented before the Selectmen earlier this year, his attorney was told by Belmont’s Town Counsel George Hall about “an absurd law” from 1964 preventing retail owners to have both a retail and pour license in the same establishment. (Selectman Jim Williams would later say that calling a state law “absurd” “is a silly one. It’s on the books, and we don’t do things that violate the law.”)
 
Hall, who attended Monday’s meeting, told the Selectmen a state’s high court ruling of a Cambridge case confirmed the law’s intent preventing such a dual arrangement.

When he heard  the decision, Mukarker said the full liquor license “was like hot lava in my hand; I wanted to get rid of it.”

Mukarker proceeded to reach out to both Foodies – the supermarket slated for a 2017 opening in Belmont Center – and D&L, which the selectmen rejected two years ago, but could not come up with a deal. With limited options before him, Mukarker received a call from Star Market. 

Later in the meeting, Mukarker said the transfer “is a crucial thing” and any delay in the conveyance “has a lot of bad implications for the business.”

While for Mukarker, Star and the residents in the audience, the license transfer is a win-win-win for the Loading Dock, the local supermarket, and fans of great meals, the implications of signing off on the deal looks dicier from the other side of the conference table, according to the Selectmen.

One issue that troubled the selectmen was when Hanley told Selectman Sami Baghdady that a list of restrictions placed on the license in 2014 preventing the sale of tobacco products and lottery tickets at the location “do not transfer automatically … with the license.” Hanley attempted to placate the board by saying lottery sales and tobacco products would be sold far from the alcohol area.

Paolillo told Hanley the restrictions have “always been a condition that we have taken in consideration on rewarding all license.” 

“Very consistent.”

“I understand your point of not transferring, but if you have watched our public hearings, we have been very consistent with this board in rewarding licenses,” said Paolillo. 

Hanley countered by saying that Star would follow each of the standard conditions the selectmen placed on the all-liquor license presented to Foodies including a detailed alcohol sales plan and a ban on the sale of kegs, single bottles and flashing neon lights.

But when it came to lottery and tobacco, “we would ask for, after 25 years, a little bit of flexibility with respect to the current restrictions,” said Hanley. Later, Dolan said the store would drop cigarettes from the store with the transfer. 

Mukarker said he understands Star’s reluctance to accept the limitations, saying he lost “over 50 percent” of his customers by giving up his lottery and tobacco businesses, a comment Paolillo found wanting of sympathy. 

“You’re saying that we put a burden on you when we granted you this license? That was a huge benefit to you,” said Paolillo.

“If I knew what was going to happen [accepting the license], I would have not even applied for [the all-liquor license],” said Mukarker.

To those who spoke – overwhelmingly for the transfer and in support of Mukarker – any delay in allowing the transaction to take place was threatening the livelihood of a local family and denying the public an opportunity to purchase alcohol in a convenient location.

“This is a no-brainer,” said Erin Lubien of Unity Avenue. “There are things we do in Belmont that are just difficult for business owners. They are families who live here … who employ our people here. You have to do this,” she said to loud applause. 

But it appeared a majority of selectmen were unwilling to OK the transfer without further discussion and input from more residents and businesses.

“We need to continue the hearing and talk to Star Market some more,” said Williams. 

Mukarker’s attorney Thomas Orlandi informed the board of his client’s displeasure for not voting immediately to approve the transfer, noting “you are elected officials” not to ignore the people in the gallery and the numerous signatures in support.

“We also represent the entire community,” said Paolillo. 

After Williams had explained the delay, Orlandi said that considerable amount of money had been spent by Star Market on architectural designs while Mukarker needs the transfer funds to continue his business. 

“How can you rely on the transfer [funds] when it hasn’t been approved?” wondered Williams. “I think as a matter of business practice, you should not rely on an approval unless you have it.”  

As Orlandi and Williams bickered, the public began chiming in and the meeting came close to resembling a cable news debate. Paolillo then stepped forward to tell everyone to “calm down.”

With everything that needed to be said, the Selectmen scheduled an additional meeting on Oct. 3 to finalize a decision on the possible transfer. 

Business: Top RE Broker Joins New RE/MAX Office in Belmont [VIDEO]

Photo: Anne Mahon.

Anne Mahon, a top producing real estate agent in her hometown of Belmont has joined RE/MAX Leading Edge in the franchise’s new location at 84 Leonard St in Belmont Center.

“When I heard RE/MAX Leading Edge was expanding its footprint in Belmont and Cambridge, I knew I had found my new home,” said Mahon. 

Recently Century 21’s leading broker in Massachusetts, Anne brings experience, knowledge and passion to RE/MAX Leading Edge.

“Anne Mahon and I have been friends for many years,” said Linda O’Koniewski, CEO of RE/MAX Leading Edge.

“I knew the first moment I met her, we were soul mates. Anne puts her clients first. Whether she is working with buyers or sellers, every decision she makes is based on what’s best for her client. She puts our philosophy in practice with every transaction and because of that we are thrilled to have Anne in our organization,” said O’Koniewski.

Having worked in the real estate brokerage for only five years, Anne has experienced tremendous success in her short tenure. During her time with Century 21 Adams Arlington, Anne was awarded the top agent in New England, top nine in the U.S. and one of the most influential real estate agents in the Commonwealth of Massachusetts. In addition, Anne is an international speaker and trainer on how to reach success and perform customer service at the highest level.  She has been recognized by the Boston Globe as one of the top real estate professionals in Greater Boston.

“Now that I am part of an organization that has 13 locations, I have the advantage of meeting my clients anywhere and anytime. Part of my rationale for joining this particular office was that I saw a team of tremendous agents that transact more than real estate; they give back in a big way to our community here in Belmont. We are more than just real estate agents, we are ambassadors of our beautiful Belmont community,” said Mahon.

Anne is an active member of the Belmont community and feels passionate about ensuring everyone has an opportunity to succeed. She’s was recently elected to the town’s Housing Authority, is a Town Meeting Member and has led the Butler Elementary’s PTA. She works with the Belmont Boosters, the  Foundation for Belmont Education, Belmont Food Pantry, is a supporter of the construction of a community Bike Path and currently chair of the Belmont Democratic Committee.  

For more information about Anne, visit www.annemahon.com or call at 617-990-7660.

Founded in 2001, RE/MAX Leading Edge has grown to more than 200 sales professionals and serves the communities of Arlington, Back Bay, Belmont, Cambridge, Lexington, Lynnfield, Melrose, Newton, Reading, Somerville, Wakefield, Watertown and Winchester. The Company is the highest-producing RE/MAX office in New England and fourth largest real estate firm in Massachusetts.

Bright Road’s Milo Substitutes Lemonade For Cookies

Photo: Service with a smile.

Now, you would think that on a hot summer Friday, Sept. 9 that the best service a young entrepreneur could provide the public is to set up a lemonade stand and rake in the quarters.

But in a tasty counterintuitive marketing strategy, young Milo of Bright Road thought, “Who doesn’t like freshly baked chocolate-chip cookies?” 

So with a little help, Milo made a batch and sold them for two-bits to eager editors and people stepping off the MBTA bus stop near his house. 

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Planning Board OKs Cushing Village Construction Extension

Photo: The Cushing Village site.

The Belmont Planning Board welcomed to its Tuesday, Sept. 6 meeting the representative of the new owner of the proposed Cushing Village development with a slight caveat.

Don’t come back!

In reality, the board wasn’t so tactless or dismissive. Rather, the members explained to Bill Lovett – a senior development manager at Toll Brothers’ Apartment Living division which will develop the $80 million project that includes 115 units of rental housing, 38,000 sq.-ft. of retail and approximately 200 parking spaces – that he shouldn’t expect the board to approve any additional time extensions that would further delay the building the long-delayed project.

After the warning had been sent, the board unanimously supported Toll Brothers request to give the Pennsylvania-based home builder a seven-month extension of the Special Permit from December to July 2017.

(The issuance of the Special Permit allows a developer to begin construction on the site at the corner of Common Street and Trapelo Road in the heart of Cushing Square.)

The Planning Board’s directive is similar to the message Lovett received from the Selectmen which agreed to Toll’s request to extend the separate purchase and sale agreement of the town-owned municipal parking lot adjacent Trapelo and Williston roads.

When asked by Board member Charles Clark if Toll Brothers is likely to buy the car park site and begin construction by Dec. 31, Lovett agreed that was a possibility.

So why then, Clark pondered, is an extension of seven months for the Special Permit being required by Toll Brothers?

Lovett said while it is indeed possible that the building could commence by the end of the year, it would be an unlikely to actually commit to that timeframe because the structure’s foundation will be “complicated” to build as it sits below the ground water level and will also host the garage. Lovett said the earliest likely date for construction to begin on Cushing Village is late Spring of 2017.

And while Clark suggested providing the developer with half the number of months requested in an attempt to move the project forward, Lovett stated Toll Brothers request for the full seven months was calculated relying on the firm’s due diligence formula, adding a margin of safety for any unforeseen complications that would force a delay in construction.

A long time from the start

Clark retorted that he remembers sitting in the same room more than three years ago in 2013 approving the Special Permit. This latest delay will likely move back the completion date of Cushing Village to mid-2019.

“Six years is a long time [for a project such as this],” he commented.

At Tuesday’s meeting, the board also brought up one of the most significant issues facing developers building on older commercial sites; ground contamination.

Quired by the Planning Board’s Barbara Fiacco, Lovett said the land is contaminated to the point where it would need to be remediated. The underground garage will be built on the former site of an old dry cleaner which used organic compounds such as perchloroethylene likely seeped into the surrounding soil and groundwater.

But Lovett said while Toll Brothers doesn’t know “what exactly is going to happen … with the remediation of the soil” and that some unanticipated finds could delay the “physical construction of the site,” he said the request for a delay in the Special Permit is not due to any soil contamination.

Lovett said the provisions of the Special Permit – allowing the construction of the development to proceed with the myriad of conditions and restricts to the structure’s bulk, height, and mass which the Planning Board negotiated with the initial development team over an 18 month period of meetings and discussion – will kick in only after the building’s foundation is laid and a plan of action on cleaning out the polluted soil has been taken.

But Fiacco was not sufficiently mollified by Lovett’s explanation.

“But I still don’t have a comfort level that you’re not going to be back here asking for further extensions in light of environmental issues,” she said.

Lovett said it’s likely the soil will be removed from the site “as quickly as we can” to move forward.

“It’s in the best interest” of Toll Brothers to move forward on the site, he added.

Fiacco ended her comments by telling Lovett the firm should decide early on what remediation and construction solutions they will use rather than be reactive to any problems it may encounter.

“I want to impress on you to get all your ducks in a row … so this project can go forward, and we can see something other than a hole in the ground,” she said.

New Owner For Belmont Center’s Vintage Wine Store

Photo: Interior of the store.

Vintages: Adventures in Wine, the Belmont Center store which holds the distinction of being one of the first granted a town’s retail alcohol license, has been sold to a MetroWest businessman.

The Belmont Board of Selectmen approved the transfer of the beer-and-wine-only license held by Albert Avenue’s Eric Broege and Carolyn Kemp to Swapnil Gandbhir of Framingham on Monday, Aug. 22.

The store is located at 32 Leonard St., adjacent to the restaurant Asai which is closing down to allow a retail operation to move in. The new owner has signed a ten-year lease with an option after the first five years to leave without a penalty.

Gandbhir said the past owners told him they wished to concentrate on their first business, a West Concord wine store with the same name.

As for the business, the only changes coming to the store will be the addition of American and other non-European vintages as well as prepackaged snacks.

“There will be no renovation of the interior so it will look the same as it has in the past,” Gandbhir told the Belmontonian after the meeting.

One of the final remaining “dry” towns in the Commonwealth in the 1990s, Belmont voted in 1998 to allow limited restaurant alcohol licenses. Seven years later, Town Meeting approved the issuance of a full-liquor and a wine and malt licence and voters approved the measure in April 2008.  The Spirited Gourmet in Cushing Village was awarded the full license.

Cushing Village’s New Owner Seeking Added Concessions From Town

Photo: The current state of the location of Cushing Village.

The more things change, the more they stay the same.

That 19th-century French saying has a ring of truth to it when the discussion turns to the long-stalled Cushing Village residential/retail/parking development as it appears the new owners are seeking their own set of concessions from the town.

Approved for construction in July 2013, the project suffered through two-and-a-half years of delays and missed opportunities under the former ownership of lead developer Smith Legacy Partners.

So there was hope in the community when national housing firm Toll Brothers purchased the development rights in March of this year that a change at the top would allow the $80 million project – 115 units of housing, 38,000 sq.-ft. of stores and approximately 200 parking spaces – to move quickly to the construction stage.

In fact, representative of the Pennsylvia company said then it would not seek changes to the project which would warrant restarting the process, expressing confidence it would make the Aug. 26 deadline for the firm to sign a purchase and sale agreement with the town to buy a key town-owned land parcel, the municipal parking lot adjacent to Trapelo Road and Starbucks for $1 million, that would allow building to commence. 

For the town, Toll Brothers’ commitment to the site would stop the “endless loop of uncertainty” hampering work from commencing, said Selectman Sami Baghdady in March.

But what was said in the Spring appears to have fallen to the wayside in mid Summer. According to documents from the Board of Selectmen, Toll Brothers representatives will come before the Board at its Monday, Aug. 22 meeting seeking a new extension to the P&S deadline taking place four days later. 

In addition, the firm will request amendments to the Land Development Agreement – which for commercial property is a development plan that typically includes the time frame for completing the project, the property description, design sketches, and other details. 

The details of the changes and why they are being sought by Toll Brothers have not been publically flushed out – both the town and Toll are not speaking on the matter – as both sides appear ready to present their arguments on Monday.

Earlier this month, the board and the town appeared ready to sign all necessary paperwork on the 22nd, with current board chair Mark Paolillo saying that “both sides want this to go through.”