Belmont Police Seek Help In Belmont Street Hit and Run Tuesday

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Photo: Location of the hit and run incident on Tuesday, Nov. 29. (Google map)

The Belmont Police Department is seeking the help of the public to identify the operator of a motor vehicle that struck a pedestrian on Belmont Street near the intersection of Belmont and Worcester streets.

The pedestrian was struck at 4:45 p.m. while crossing Belmont Street near Linda’s Donuts. After striking the individual, the suspect vehicle did not stop and continued heading eastbound towards Cambridge.

“The pedestrian was transported to the hospital and is expected to recover,” said Belmont Asst. Chief James MacIsaac.

If you have any information pertaining to the vehicle in question or its operator, please contact the Belmont Police at 617-993-2501 or leave a message on our tip line: 617-993-2569 or email:  crimetip@belmontpd.org

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Fire Destroys McLean’s Codman Building [VIDEO]

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Photo: The aftermath of the fire that destroyed the Codman House at McLean Hospital.

A two-alarm fire destroyed the former Codman House on the McLean Hospital campus early Monday morning, Nov. 14.

The blaze, which required fire equipment from neighboring towns of Watertown, Arlington, and Cambridge, started just before 3 a.m. At its height, the glow of the flames could be seen as far as Cushing Square.

According to Belmont Fire Chief David L. Frizzell, the building is a total loss as parts of the building – located in the northern section of the 300-acre campus – will be pulled down to allow fire crews to extinguish any remaining fire smoldering in the debris.

Frizzell said a cause of the fire would not be determined for some time.

A statement from the hospital thanked the “Belmont Fire Department’s rapid response” which contained the fire “to that one building and no other areas of the McLean campus.”

“We are deeply grateful to the Belmont Fire Department, Belmont Police Department, and first responders from surrounding municipalities for their efforts this morning,” said the McLean statement.

Frizzell said Belmont Police were investigating smoke on Concord Avenue when a 911 call came from McLean of a fire in the abandoned structure. Arriving fire crews found “a heavy volume” of flames coming out of the second and third floors.

Frizzell said the blaze was initially difficult to fight as the building was mothballed and fire lines had to be stretched over a long distance. He said the crews were fortunate that the building was unoccupied and far enough away from other building in the vicinity.

It had taken about two hours before firefighters got the fire under control, said Frizzell, who said that crews would spend the rest of the day putting out the last of the fire. He said no firefighters that he knew were injured.

McLean, which has been located off Mill Street for more than 120 years, is the largest psychiatric facility of Harvard Medical School, an affiliate of Massachusetts General Hospital and is owned by Partners HealthCare.

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The Codman was once the women’s geriatric ward where “‘the ladies of Codman’ staged elaborate tea parties on silver service for [Psychiatrist Robert Coles] and other young residents in the late 1950s” wrote Alex Beam in his history of McLean, Gracefully Insane, The Rise and Fall of America’s Premier Mental Hospital.

 

Breaking: Ohlin’s Bakery Leaving Cushing Square, Seeking Help to Find New Home

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Photo: The Klemm family – Paul Jr., Paul, Marybeth, and Emily – who own and run Ohlin’s Bakery in Cushing Square.

After 101 years in Belmont, the legendary Ohlin’s Bakery at 456 Common St. is leaving its longtime home in Cushing Square for good, according to a Facebook message from its owners.

Saying they are “extremely shocked and disappointed,” owners Paul and Marybeth Klemm said despite “trying our hardest to reopen in our original location” … “[w]e were told by our landlord that this is no longer possible.”

In the message written on the store’s social media site Thursday, Nov. 10, the couple who live in Burlington said the decision “has been very depressing and we feel so lost and sad.”

Comments to the news from fans of the store and friends of the Kleems are supportive of the business which celebrated its centennial in 2015.

“This is oh so devastating for your family and all of your loyal customers,” wrote Andrea Taylor. “We will always support you!!”

The bakery, which was recognized yearly for having Boston’s best donuts, has been closed since an early morning explosion on March 15 heavily damaged the bakery section of the store.

Despite working with the landlord and insurance representatives, the cost of repairing the building and modernizing the aging equipment and ovens to bring them up to current building and fire codes was prohibitive. Even a GoFundMe page set up by a long-time friend of the business to raise $50,000 could not close the gap.

The Kleems are now appealing to customers and friends to help the couple find a new location close to the original site. So far they have looked at many places in Belmont, Watertown, Cambridge, and Arlington with the hope of securing a storefront with ample parking “and REASONABLE and AFFORDABLE RENT!”

So far, fans are requesting the store open shop in Waltham and Arlington. But mostly, customers such as Maggie Schulz told the Kleems that “[a]nywhere you go, my family will be there!”

Breaking: Cushing Village Project Is A Go with Toll Brothers’ Purchase of Parking Lot by Toll

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Photo: Coming attractions

Finally.

Earlier today, Wednesday, Oct. 19, developer Toll Brothers officially took possession of the municipal parking lot in Cushing Square after purchasing the parcel for $1.335 million from the town, according to Town Administrator David Kale.

Kale said the multi-use project will begin the construction phase with the closure of the lot in the next few days. 

Before Wednesday’s Special Town Meeting, Board of Selectmen Chair Mark Paolillo made the closing announcement.

“It’s finally over,” said Paolillo. 

Kale said Toll Brothers will also be putting forth a press release that will detail the construction of the 167,000 square foot, three building project in the heart of Cushing Square. 

Cushing Villiage is a three building development that will include approximately 38,000 square feet of commercial space, 115 dwellings units – 60 two-bedroom units and 55 one-bedroom unit – and 225 parking spaces including 50 municipal spaces.

As Town Meeting Ponders Bolting Minuteman, Belmont Prepares ‘Pathway’ for Voc Students

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Photo: Roy Epstein, chair of the Belmont Warrant Committee

As the Belmont Town Meeting prepares to vote on the future of the town’s four decades partnership with the Minuteman Regional School District – the home of Minuteman Vocational Tech High School – the educator in charge of Belmont’s own district is already preparing a set of “pathways” to provide students seeking a vocational education “access to quality” classes if two-thirds of Town Meeting ultimately votes no. 

While many Town Meeting members and residents who attended this Monday’s warrant briefing – co-sponsored by the Warrant Committee and the Belmont League of Women Voter at the Chenery Middle School – were seeking more information on the financial pros and cons of remaining or leaving the district, Belmont’s School Superintendent John Phelan has begun cobbling together plans to use the three-year “window of time” where Belmont students are guaranteed a place at Minuteman to “research, review and analyze” options so by the second year in 2018, the town can prepare for the cost and logistics of setting the plans in motion.

According to Phelan, the “pathways” provide the town steps to satisfy the state requirement, known as Chapter 74, of providing approved vocational technical education. 

The first, and most straightforward, is the “Minuteman” pathway in which Belmont continues to send students to the Lexington-based school as pupils from non-member communities.

During the three years leading up to the opening of the new Minuteman building in 2020, Belmont would “closely monitor” the number of non-member students and any changes in state law so that it can ensure students aren’t squeezed out of the school if it reaches capacity.

The second avenue is the “Alternative” path, where Belmont would reach out to five nearby school districts – Waltham, Newton (Newton North), Cambridge, Medford, and Somerville – that proved state-approved vocational classes to inquire whether they are willing to take in Belmont students. 

Phelan told the meeting Monday the districts have been contacted and while only Cambridge and Medford “are in the business of taking in students,” the other three said they are open to talking about a partnership with Belmont.

Phelan said he would hold talks with the towns and present the School Committee with a “program of studies” by May 2017. A task force would be created to analyze the program options and how they relate to the classes Minuteman provide. 

By March 2018, more than two years before the new Minuteman school is scheduled to open, Belmont’s School Committee would meet with the Board of Selectmen to decide which of the pathways would address the needs of 8th graders who would option to a vocational program. 

Final agreements would be signed between Belmont and the nearby schools by the 2018/2019 school year; guidance staff would prepare students for a change and final implementation of the alternative pathway would take place in September 2020.

When asked his “central thought” of staying with Minuteman as part of the two pathways, Phelan said most people would rather be part of a regional school.

“We have a long relationship” with Minuteman, said Phelan. But since past votes – including two this year – have shown a strong preference in town to leave the district, “it’s our job” to find vocational classes and put together a “range of offerings … and provide a “quality menu” for students if the vote to leave the district is approved.

But several Town Meeting members agreed with Edward Bouquillon, Minuteman’s superintendent, who questioned whether just providing classes in a relative subject is the equivalent of Minuteman’s comprehensive educational approach.

“Minuteman and other schools are different,” said Bouquillon, saying that students in Lexington spend 630 hours exploring careers by spending time in all subjects while in Somerville the time is limited to 165 hours. And while Medford and Cambridge students are taught by licensed professionals for a bit over 1,000 hours, Minuteman students are instructed for 2,205 hours.

“There are distinct differences that should be considered before the vote rather than after,” he said.

For the bulk of the meeting, newly-appointed Warrant Committee Chair Roy Epstein walked the audience of Town Meeting members through the article’s highlights noting it will take a 2/3 majority vote of Town Meeting to approve the withdrawal.

A “yes” vote will change the status of the town to a non-member community which will relieve Belmont of the debt building a new $145 million building set to open in September 2020. With state subsidies, the debt to member towns will be $100 million. The new facility will have room for 628 students.

Epstein said even if the town votes to leave the district, Belmont can still send new students to Minuteman until the school opens, after which Belmont pupils can attend if there is space.

Turning to finances, the state’s Department of Elementary and Secondary Education this summer allowed Minuteman to assess a capital charge of $9,500 per student to member town and non-member communities such as Belmont which does not have any vocational training in the district.

But Epstein said it remains uncertain if Minuteman will implement the add-on cost since it retains the ability to “make deals” to attract and retain students by reducing the assessment.

“That’s just conjecture but take it for what it’s worth,” said Epstein.

Epstein crunched the numbers on the cost of staying or leaving. In the next three years after the vote, a “yes” to remain would result in the town an additional $232,000 in debt service if the current level of students remains constant while withdrawing would keep charges at their current amounts. 

Once the school opens, the yearly cost – tuition, capital charge, transportation and Special Education – per Belmont student reaches approximately $33,000. Multiply that by 29 students now enrolled and Belmont’s tab will be $957,000. 

Using Epstein’s calculations, by remaining in the district, Belmont would be obligated to pay the remaining operating and capital expenses after payments by non-members. Epstein said the cost per student annually would be in a range of $42,000 to nearly $50,000. Those charges would add between $311,000 to $436,000 to the town’s bottom line, requiring the town to seek an override or find a source of funds in the budget to pay for it, said Selectman Mark Paolillio to those in attendance. 

Epstein said after analyzing data and enrollment projections from the Minuteman administration and those advocating for withdrawal, the Warrant Committee believes there will be a significant cost gap between a student coming from member and non-member towns, even if the Minuteman school is fully enrolled. 

While the Minuteman administration is confident it can boost enrollment from the current 576 to 628 – most newly built schools experience a rush of students and vocational education is increasing in popularity – the new high school will need to attract a much greater percentage of higher paying member town students than it does today, a number Epstein isn’t quite ready to accept.

After the meeting, the Warrant Committee voted 11 to 2 for leaving the district.

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

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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. 

[BREAKING] ‘Blue Ribbon’: Butler Awarded National Education Honor

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Photo: The Butler School.

Belmont’s Daniel Butler Elementary School was named a 2016 “National Blue Ribbon School” for being an Exemplary High Performing School, according to U.S. Secretary of Education, John. B. King, Jr., who made the announcement on Wednesday, Sept. 28, in Washington DC.  

Butler is among 278 public schools receiving this honor along with 50 private schools. 

The Butler is the most heterogeneous of Belmont’s four elementary schools with a highly diverse student population, coming from two dozen countries speaking more than 35 different languages and dialects.

“I congratulate all of the Butler teachers, students, and families,” said Chenery Middle School Principal Mike McAllister, who was Butler’s principal from 2009 until this June. 

“I cannot think of a community more deserving than them. I am so proud of them.”

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Michael McAllister.

Schools are nominated for the award by the state department of education, and are recognized in one of two performance categories:

  • Exemplary High Performing Schools and 
  • Exemplary Achievement Gap Closing Schools. 

Exemplary High Performing schools have a high number of achieving students as measured by state assessments. 

“This achievement is a testament to the passion, strategic effort, education and teamwork that each person in this community contributes,” says current Butler Principal Danielle Betancourt.

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Danielle Betancourt.

McAllister will represent the Butler School at an awards ceremony in Washington, D.C. on Nov. 7 and 8. 

For more information, go to the National Blue Ribbon Schools website.

Selectmen Question Proposed Liquor License Transfer to Star Market

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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. 

Toll Bros. Agrees to Parking Lot Sale Sept. 30; Cushing Village Under Way

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Photo: Cushing Village.

If you were not listening for it, the announcement would have quietly passed by without much notice.

But the news from the Board of Selectmen on Monday, Sept. 19, that national developer Toll Brothers will sign the purchase and sale agreement to obtain the municipal parking lot adjacent Trapelo and Williston roads on Sept. 30, has brought to an effective end more than three years of delays and controversey that has haunted Cushing Village, the 164,000 sq.-ft. apartment/retail/parking complex set to be built in the heart of Belmont’s Cushing Square.

After a brief unceremonial signing of the documents by the selectmen concerning easement rights and updated land and parking agreements, the town will wait for a check for reportedly $1 million while Toll will soon retain the deed to the property, said Town Consel George Hall. 

“This is the light at the end of the tunnel we have been waiting for,” said Belmont Selectmen Chair Mark Paolillo.

There was no representative at the signing from Toll Brothers’ Apartment Living subsidiary that will construct and own the property for the Horsham, Penn.-based firm.

It is believed demolition of the existing structures on the site – the former S.S. Pierce & Co. building at the corner of Common and Trapelo and the First National/CVS at Common and Belmont – will proceed within the next two months. Speculation is that Starbucks, which is adjacent to the parking lot and is a key tenant for the new complex, will continue to operate at its location for the time being. 

Bill Lovett, a senior development manager at Toll Brothers’ Apartment Living, said in August the earliest date for construction to begin on Cushing Village is late spring of 2017 with a completion date of the summer of 2019.

The development consists of three separate buildings with approximately 38,000 square feet of commercial space, 115 dwellings units – 60 two-bedroom units and 55 one-bedroom unit – and 225 parking spaces including 50 municipal spaces provided as a result of the sale of the municipal parking lot.  The development will also include 12 affordable housing units.

After more than two-and-a-half years of delays and broken promises to begin construction, the long-troubled multiuse development was sold in March to Toll Brothers which purchase of the project’s development rights and two land parcels from the original owner, Smith Legacy Partners.

It was Smith Legacy which shepherd the project through an 18-month permiting process, winning the right to build the complex in July 2013. But a failure to find the necessary funding doomed the project for the owner.

State’s ‘October Surprise’ As Minuteman Throws Wrench into Election

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Photo: The new school, image from KBA Architects.

In politics, a news event deliberately created or timed, or sometimes occurring spontaneously, to influence the outcome of an election, is called an “October Surprise.” 

While the majority of those “surprises” are usually seen in presidential campaigns, a last-minute decision by the commissioner of the state’s Department of Elementary and Secondary Education, requiring non-district students attending Minuteman Regional Career and Technical High School to pay a larger share of the new building’s capital cost has given some Belmont residents pause on how they will vote Tuesday, Sept 20.

On Thursday, Sept. 15, Mitchell Clifford, DESE Commissioner, reached a decision that will require non-district students attending Minuteman to pay a greater amount of the capital costs being incurred by the ten remaining district cities and towns. That single issue has been one of the most contentious issues Belmont officials – along with the size of the building, built to house 635 students while in-district communities send less than 350 – have been fighting over the past five years when it became apparent the aging Minuteman building had outlasted its usefulness. 

Under the current tuition plan, Belmont spends approximately $30,600 per student to attend Minuteman while an out-of-district community such as Watertown, which pays roughly $19,700 in tuition per student a year or $10,900 less on a per student basis. Minuteman supporters claim the current gap is closer to $7,000 if including costs of transportation and other expenses. 

In 2020 when the new capital ‘increment” takes place, out-of-district student tuition will jump by $6,000 for towns with fewer than five voc/tech classes in its school district. A community with at least five tech programs would pay a reduced rate of $4,500.

Under the new formula, Minuteman officials contend the financial advantage of leaving the district and then returning to “rent” seats as a non-member town is nearly completely nullified. 

The pro-financing side goes so far as proclaiming on its website – mmvote.infor – that Belmont residents who have long sought a “fair share of capital costs” from communities outside the district convinced the state to its argument.

“Congratulations …  — you won!” said the site.

The DESE decision prompted a significant defection from the “no” side – which has been pushing for Belmont to leave the district – when Roy Epstein, a member of the town’s financial watchdog Warrant Committee, wrote Friday, Sept. 16 that he had changed his vote just days after writing of his support for the town to take a strong stance to force the state’s hand on the capital expenses.

“I changed my mind on this vote because Belmont won a major victory this week,” said Epstein in a letter to the Belmontonian. He stated Belmont would “pay the same capital charge even if we became a non-member town. That is the outcome we demanded — an equal per-student amount for the cost of the new building.”

While one of the leading voices of the “no” vote is “glad to see that they have allowed for a substantial capital fee to be assessed by Minuteman,” Ellen Schreiber said “I still recommend that Belmont vote “No” on the Minuteman debt.”

“I don’t think that the DESE policy changes anything,” Ralph Jones, a former Belmont Selectman who created a group to promote a “no” vote, told the Belmontonian.

For both Shrieber and the “no” leadership, the DESE decision answers just one of Belmont’s questions: what is the maximum allowable capital fee, said Schreiber, but does not reduce the risk Belmont would accept if we agree to the debt.

At a League of Women Voter’s Forum last Monday, Jack Weis, Belmont’s representative to the Minuteman School Committee, described Belmont’s portion of the debt as “unknowable” due to three reasons, countered Schreiber:

Non-member tuition is substantially less than member operating costs, and if Belmont agrees to the debt, the town is locked into that significant financial disparity for the next 30 years. And the debt remains perilous, she said, the amount that Belmont owes will change year-to-year based “on factors that are out of its control.” 

Jones agreed with Schreiber that the new capital increment “is a wise and fair policy,” but it can only work if non-member towns continue to send their students to Minuteman to fill the 300 empty seats and if the Minuteman School Committee will enforce the new policy “and not revert to their traditional policy of discounting tuitions for non-member towns until the empty seats are filled.”

Putting one’s faith into those assumptions coming to pass, contend, Jones, is simply too risky for a town that is facing several high-cost capital projects including a $100 million high school renovation.

Jones points to State Sen Will Brownsberger’s argument that towns such as Watertown and Waltham have good options at the cost of about $18,000 – $20,000 per student to find an alternative to Minuteman which will cost the town’s $26,000 a year in tuition in 2020. 

“If I were an official in either Watertown or Waltham, I would do two things,” said Jones. “First, I would be working collaboratively with other non-member towns to ensure a robust set of alternatives for my students.  After that, if Minuteman asked me to send students, I would demand a substantial discount in tuition cost,” he said. 

“I appreciate the idealism of many Belmont residents who are trying to make the Minuteman District work,” said Jones.

“After 25 years of meeting with Superintendents and Minuteman School Committees, I agree with Brownsberger that the district is broken.”

Belmont voters join the 15 communities (Acton, Arlington, Bolton, Boxborough, Carlisle, Concord, Dover, Lancaster, Lexington, Lincoln, Needham, Stow, Sudbury, Wayland, Weston) which are members of the Minuteman School District to vote on the $100 million in financing on Tuesday, Sept. 20, from noon and 8 p.m.