Group Seeking ‘Sanctuary Town’ Status For Belmont

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Photo: Anne Mahon speaking before the Belmont Democratic Town Committee

A group of politically progressive Belmont residents is pushing forward with a citizen’s petition designating Belmont a “sanctuary” community to be voted on at the annual Town Meeting in May.

“We’re not doing this to wave a flag and make ourselves feel warm inside. There are people that are really afraid,” said Anne Mahon, chair of the Belmont Democratic Town Committee who presented the plan before two dozen members at its monthly meeting on Thursday, Feb. 2 at Town Hall.

Mahon said the committee’s move is in response to a ban of travelers from seven majority Muslim nations and halting of the resettlement of Syrian refugees by President Trump. 

“Belmont has residents with green cards and Visas because top scientists, doctors, and engineers are always being recruited from around the world to work at our universities and firms. They come here because we have one of the finest school systems as well as proximity to their job locations. We want our families to all feel safe here,” she said.

Mahon said supporters of the proposal expect an increase in deportations of not only undocumented immigrants but people in the country with a “green” card and student and work visas.

“We have local families that are afraid to visit a sick family member abroad for fear they will be denied access to their return,” she said.

“Imagine how horrible that would be … to have a job and a residence here, a dying parent abroad that they wish to comfort, but worry America won’t let you back in.”

A sanctuary community enacts laws placing limits on how much local police or town officials can cooperate with requests from federal authorities to hold immigrants in custody.

“There are people in Belmont we know who can’t leave the country because they don’t know if they can come back,” she said.

While most in attendance were approving of the measure, the Democrats want to see the petition sponsored by the town’s Human Rights Commission – as it was done in Arlington – to ensure a non-partisan debate at Town Meeting. 

“This is a bipartisan issue. This is just neighbors looking out for neighbors,” she said.

Belmont would join neighboring communities Newton and Arlington which have started their efforts to secure sanctuary status. Boston, Cambridge, Somerville and Amherst have established policies limiting cooperation with federal immigration authority.

Mahon said Belmont would use language similar to Arlington’s proposal [see below] which would prevent town police from enforcing federal immigration laws or for them to ask the immigration status of people they meet.

So far, reaction to Arlington and Newton has been mixed. While the language is still being crafted, Arlington’s Board of Selectmen has placed the article into its annual Town Meeting set for April but have yet to vote on a recommendation. In Newton, Mayor Setti Warren is backing one of two ordinances, but he and supporters have seen considerable pushback from those who feel the measure would threaten to shortchange the town of federal funding.

Trump has threatened to take away federal grants from sanctuary communities if they do not help deport immigrants.

Mahon said an analysis by the town’s treasurer found the financial hit to Belmont if the administration bans federal funds would be minimal with the town receiving just about $50,000, mostly in affordable housing grants.

Arlington’s Sanctuary Town resolution

To see if the Town will resolve to become a Sanctuary Town, joining hundreds of municipalities nationwide, providing a safe haven and sanctuary for undocumented residents of our Town, and protecting all residents from hate and prejudice, provided, however that this resolution shall not prevent law enforcement from investigating, arresting or charging someone for a crime or other legal infraction, or take any other action related thereto.

Inserted at the request of the Human Rights Commission

ARTICLE RESOLUTION/SANCTUARY/TRUST ACT COMMUNITY

To see if the Town will resolve to become a Sanctuary Town, joining hundreds of municipalities nationwide, providing a safe haven and sanctuary for undocumented residents of our Town, and protecting all residents from hate and prejudice, provided, however that this resolution shall not prevent law enforcement from investigating, arresting or charging someone for a crime or other legal infraction, or take any other action related thereto.

AND/OR

To see if the Town will vote to adopt a resolution that Arlington serve as a “Trust Act” Community (also known as a “sanctuary community”) to ensure that all immigrants can fully and safely participate in the civic and economic life of the Town by resolving to refrain from among other things: using Town resources for the purpose of gathering information regarding the citizenship, immigration status, ethnicity, national origin, religious affiliation for discriminatory purposes; engaging in or assisting in Immigration and Customs Enforcement in reporting, arresting, detaining deporting, or taking any other law enforcement action unsupported by separate and distinct warrants or probable cause from criminal conduct unrelated to immigration status; or take any action related thereto.

Comment: A number of simultaneous efforts by Town residents and bodies, including the Arlington Human Rights Commission have expressed great desire to establishing Arlington as a “Sanctuary Town” or “Trust Act” community. I am aware that this matter is separately on your agenda as the Arlington Human Rights Commission plans to present their version of a warrant article (the former above) as part of a wider discussion for your endorsement. If the Board is so inclined, there may be some distinctions between the ultimate Town Meeting motion pursued by like- minded efforts, but overall it is my recommendation that if either or both are pursued, they are presented as resolutions.

I also look forward to the opportunity to discuss some of the distinctions between Trust Act ordinances adopted by neighbors such as Boston and the town’s legislative options.

One Dead in Three-Alarm Fire at Trapelo Road Two Family [VIDEO]

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Photo: Firefighters inspecting the house at 606-608 Trapelo Rd. where a man died in a fire.

An early morning three-alarm fire that gutted a two-story house on Trapelo Road killed a person, according to the Belmont Fire Department.

The 4 a.m. blaze at 606-608 Trapelo Rd. located at the corner of Agassiz Street just outside of Waverley Square took the life of a man who possibly lives there, according to Belmont Fire Chief David Frizzell.  

“Tragically, fire deaths do occur due to preventable causes. Fire alarms do help, but they need to in the correct location and operating,” said Frizzell at the scene. 

Fire units from Cambridge, Arlington, Waltham, Lexington, and Watertown assisted Belmont in fighting the blaze.

Frizzell said when fire units arrived at the scene, the attic and second floors were fully involved with flames coming out of the windows. 

Initially, the building’s occupants reported that everyone had escaped the fire, but it was soon determined a person who reportedly resided on the top floor did not make it out.

After the flames had been knocked down, firefighters found the man’s body in the third floor/attic space.

Belmont Fire and Police are in the process of determining the man’s relationship to the building, said Frizzell. 

Frizzell said it appeared the building had fire alarms, but it will have to determined later if they were functioning at the time of the fire. His department will also be investigating the cause of the fire as well as the relationship of the third-floor living space was to the second floor. 

The 2,500 sq.-ft. structure built in 1913 included a fully finished attic, according to the Belmont Assessing Department. 

Frizzell said the third floor was heavily damaged and there was significant water damage to the second and first floors. 

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Search to Replace Town Administrator as Kale Heads for Home

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Photo: David Kale

The novelist Thomas Wolfe famously said, “You can’t go home again.”

Apparently, David Kale is ignoring that advice.

The lifelong Cambridge resident will decamp as Belmont’s Town Administrator in mid-March to become his hometown’s Assistant City Manager for Finance, according to a press release issued late Thursday, Jan. 19 by Cambridge City Manager Louis DePasquale.

Kale returns to Cambridge city government having served previously as the city’s Director and Deputy Finance/Budget Director from 2003 to 2012.

Kale was in the final six months of a second three-year contract ending in July 2017.

While sudden, the news of Kale’s departure was not shocking to most in Belmont government circles.

“It was really no surprise that [Kale] would be leaving,” said Selectmen Chair Mark Paolillo Thursday, noting Kale’s strong ties to Cambridge and the knowledge that Belmont’s neighbor would be seeking his expertise in finance and budgeting for its operation. 

“It’s a great job for him, a real step up in his career,” said Paolillo.

While saying Kale’s departure “will be a real loss to the town,” Paolillo said a committee would be assembled “soon” to begin the search for Kale’s replacement.

We have a fiduciary obligation to do a broad search for a replacement,” said Paolillo. 

Paolillo said he hopes the board will appoint Assistant Town Administrator Phyllis Marshall as interim Town Administrator until a new chief administrative officer for the town is selected. Paolillo said Marshall would be welcomed to apply for the position. 

Kale was named Belmont’s town administrator in June 2012 after a contentious decision. Paolillo said Kale was instrumental in implementing the successful “one town, one budget” process in which schools and municipal departments worked collaboratively in creating the annual budget.

“[Kale] was politically astute … and he really tried to work towards a consensus on what was best for Belmont,” said Paolillo. 

“He was not a reactive town administrator. David was always thinking about the next step and working towards filling the needs of the town. I’ll miss that the most,” he said. 

Paolillo said Kale would stay to lead the town through the initial part of the budget process which is currently underway.  

According to the town’s website, the town administrator serves as the Chief Administrative Officer of the Town and has three primary responsibilities:
  • Directs and manages the delivery of municipal services, except those under the jurisdiction of the independently-elected authorities;
  • Provides leadership to the Selectmen for strategic planning; and,
  • Serves as the Director of the Office of the Board of Selectmen. 

Selectmen OK Loading Dock Alcohol License With Conditions

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Photo: Faud Mukarker (right) before the Board of Selectmen

After a sometimes contentious meeting which appeared an agreement would unravel before one could be struck, the Belmont Board of Selectmen voted unanimously on Monday, Jan. 9 to grant a “pour” alcohol license to Faud Mukarker, owner of The Loading Dock on Brighton Street.

But the approval came with two significant conditions imposed on the permit, preconditions the board required of Mukarker who only four months previous transferred an all-alcohol retail license for a $400,000 “compensation fee” to regional supermarket chain Star Market.

Under the conditions accepted by Mukarker, the business is required to pay $11,000 in back payments he owes to Belmont Light, the town’s electrical utility, and he will accept the decision of a Special Town Meeting likely scheduled for February if the 290-member legislative body approves a complete ban on transferring alcohol licenses or the use as collateral in securing loans.

After the meeting, Mukarker appeared more relieved than pleased leaving the hour and 20-minute marathon hearing.

“I am happy we got the license,” said Mukarker after the decision, who said the “pour” license was critical to his operation surviving financially.

He also said “I will follow anything the [Special Town] Meeting decides” on transferability.

But crafting the agreement was anything but a smooth journey. After an hour of hearing public comments and the give and take between the board and Mukarker and his team, the first attempt at a consensus to move forward took the business owner and his supporters by surprise.

Mukarker began the meeting by pledging not to transfer the license for two years and not use it as a guarantee for collateral for one year. But those bans were less than airtight as he wanted a mechanism to return to the board during the time of the voluntary restriction to ask to lift the prohibition.

The public was divided in its support for and opposition to the proposal. Elizabeth Dionne of Wellesley Road said Mukarker had shown bad faith with the sale of the previous license which was used to pay off a mountain of bills.

“If he does not have a viable business, you do not have any business granting him another license,” she told the board.

Kenny Hamilton, who described himself as the “The Loading Dock’s consulting CFO” and “right-hand man,” said Mukarker was “always” seeking a pouring license since a Small Business Administration loan which was part of the firm’s refinancing program required the owner having one.

“So the viability of the business has always been there,” said Hamilton, demonstrated by the business surviving 16 months without selling alcohol to customers.

“I know for a fact that Mr. Mukarker feels very badly about the stress he put on the selectmen … and the citizens of the town,” said Hamiliton. “So the idea how he won the lottery … that is not the case.”

Hamilton, who said he “guided the finances” of the business, did provide interesting financial information concerning the business including that the renovation of the former White Hen Pantry into the new eatery cost Mukarker $3 million, with the owner spending $1 million from his pocket.

But it was revealed Mukarker was playing with a weak hand as information of his financial issues were laid out on the table. Town sources report the Loading Dock being $11,000 in arrears to the town for an unpaid electric bill and has been placed by the utility on a long-term payment plan to begin chipping away at the debt.

Second was the restaurant had yet to close on the Small Business Administration loan to pay for outstanding bills despite telling the board it was all but finalized. Also, the $400,000 from Star Market had yet to be delivered to Mukarker.

Finally, Hamilton noted the business’ original lender, Leader Bank, “did not have faith in the project” which required Murkarker to accept a plan designed by Eastern Bank to continue running the retail/restaurant store.

For Selectman Chair Mark Paolillo and his vice chair Sami Baghdady, the concerns of the business’ financial viability and Mukarker’s past action with the retail license allowed them to play hardball with the business.

“My concern is that without any restriction, what happens if God forbid if you go bankrupt? If the SBA loan doesn’t close?” said Baghdady.

The first counteroffer by Baghdady to Murkarker took the breath away from The Loading Dock supporters: withdraw the application and reapply in six months during which time the business would close on all the loans and other issues.

“Regarding transferability, we need the guidance of Town Meeting,” said Baghdady.

During the period without a permit, the restaurant would “have alternatives” said Baghdady, including to serve alcohol from customers who brought their bottles – under a “BYOB” provision in state law – and request one-day liquor licenses.

Under that scheme, the sensitive issue of transferability would not be a problem, said both Baghdady and Paolillo.

Murkarker and Hamilton issued a complaint that the board’s initial plan would place the restaurant’s future in jeopardy while Hamilton said bank and SBA loans would need to be “redone” creating an even greater time delay.

Selectman Jim Williams came to Murkarker’s defense, saying the limitations on the licenses were anti-business.

It had taken another 10 minutes before the selectmen arrived at the compromise of Murkarker making his electrical bill whole and accept the vote of the Special Town Meeting.

“Sometimes coming to an agreement that everyone can agree to is a little messy,” said Baghdady.

Snow Emergency Parking Ban Starts 9PM Saturday

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Photo: It’ll get snowy soon.

The Belmont Police has issued a Snow Emergency Parking Ban in Belmont on all roadways and municipal parking lots and schools effective at 9 p.m. Saturday, Jan. 7 until 9 a.m., Sunday, Jan. 8. 

Vehicles parked in violation of the ban will be towed at the owner’s expense.

Residents who have any questions call the snow emergency hotline at 617-993-2698.

Residents Give Good Tidings (and Coffee) to Town Crews Working Christmas

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Photo: Brighton Street on Christmas Eve.

It was already a cold and dank Christmas Eve afternoon as the sun was setting on two crews from Belmont Water Department’s Distribution and Maintenance services.

After spending hours digging up Brighton Street next to the Hill Estates seeking a major water main leak, the workers discovered the break was not in the 10-inch main but a six-inch pipe – bearing the date “1888” – on the other side of the street.

“It occasionally happens that our best guess is wrong,” said Mike Bishop, the Department of Public Works’ Water Division manager on Tuesday, Dec. 27. It would mean filling in the first trench and dig a new one in the dark hours before Christmas.

Around the same time, homeowners on Washington Street called the town to report a “geyser” of water was gushing out of a manhole cover directly across from the entry of the Chenery Middle School.

‘That turned out to be an eight-foot long slit in a 10-inch main,” said Bishop, likely caused by air in the system introduced into the pipe from recent work along Common Street.

“That pocket of air was just looking for a weak point in the system,” said Bishop.

Two major breaks at the same time which just happened to be on Dec. 24th.

“Unfortunately we can’t predict when these will happen. We just have to send the crews out and get the job done,” said Bishop.

As the employees began breaking up the street for the second time, word got out among those living on Pond Street, Hill Road and Brighton Street of those workers preparing for a long night to provide town services.

First one, then another and still more came by to drop off coffee, pastries, food and a “thank you” to the half-dozen or so digging for a pipe in the dark. The Brighton Street work was completed just before St. Nick flew into Belmont around midnight.

When the crews came to make the repairs on Washington in the late morning of Christmas Day, residents from around the site stopped to wish them Merry Christmas and leave off gifts of food and drinks.

For Bishop, the response of residents was gratifying.

“It was phenomenal,” he said of the gestures of good will.

“It’s the little things that go a long way for the crews,” said Bishop, who used social media to thank the town folks.

“Sometimes [the employees] don’t see how appreciated their work is. But this one time that [residents] just coming by did a lot of good.”

$45M Substation Sale In A Bind As Town Assess Eversource’s Tax Motives

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Photo: The new electrical substation, not yet Eversources

The largest financial transaction in the Town of Belmont’s history is on tenterhooks as a last-minute dispute over a powerful regional utility’s attempt to limit its exposure to municipal taxes has town officials demanding changes to the already signed sales agreement.

With only four days left to complete the deal, the Belmont Light Board (made up of the Board of Selectmen) and the chair of the town’s Board of Assessors are seeking changes to or the elimination of a single paragraph in the sale of the town’s new substation and two land easements which would nearly zero-out the firm’s exposure to paying non-property taxes by binding Belmont to the utilities’ interpretation of those costs.

“We are at an impasse,” said Light Board Chair Mark Paolillo at the Board’s Monday afternoon meeting at Town Hall, Dec. 12.

“We as the town fathers would be failing to do our job to approve this agreement as it is right now,” said board member Sami Baghdady.

What’s not in dispute is the $45 million Eversource will pay Belmont for the newly-constructed 10,000 square-foot electrical substations off Brighton Street on Flanders Road on the Cambridge line and new 115 kV transmission lines using easements along the MBTA Commuter Rail tracks and on town property. The new substation was approved by a unanimous vote of Special Town Meeting in Feb. 2012.

Formerly known as Northeast Utilities, the Hartford- and Boston-based Eversource is a regional electrical and gas utility with more than 3.6 million customers in Connecticut, Massachusetts, and New Hampshire. It merged with NSTAR in 2012.

Belmont Town Treasurer Floyd Carman said the payment, which last week he called the largest financial transaction the town has committed to, will be used to pay off $28 million in short-term bonds which financed the construction.

Carman said the remaining $17 million would be set aside to pay the cost of decommissioning Belmont Light’s three former substations located at the Chenery Middle School, off Hittinger Street and at the old Light Department Headquarters adjacent the Police Station on Concord Avenue and other improvements.

Under a joint development agreement, Belmont’s electrical utility Belmont Light and Eversource agreed to close the deal and transfer the assets two weeks after final testings concluded which occurred on Dec. 2. The Light Board – which is the governing body of Belmont Light – and Eversource then worked to reach an agreement before Dec. 16.

It was during the reading of the purchase and sale agreement that Baghdady, a transactional attorney, spotted a line in the document concerning the assessment of non-property personal services, which is the value of the contractional work on the project.

“I could tell that [Eversource] appeared to be attempting to minimize their taxes to the town,” said Baghdady.

While the Light Board signed the sales agreement at an Emergency Meeting on Friday, Dec. 9, it did so with the caveat that more information on the fallout of Eversource’s motive to add the language to the deal. The board then asked the town’s Board of Assessors’ Chair Robert Reardon to lend his expertise to the matter.

Reardon, whose day job is the director of the Cambridge Assessing Department, concluded the current language would bind Belmont’s assessors to that went against its best interest and ran counter to state assessing law which allows municipalities to not just tax real property but the value of the personal services, in Belmont’s case when engineers installed the transformers, switchgear, and protective equipment.

In Reardon’s opinion under the existing agreement, Eversource could point to the sales document to prevent Belmont’s assessors from taxing the services rendered.

In his view, the annual assessed payment from the utility to the town would be reduced from approximately $350,000 to $3,500, saving the utility $346,500 annually to Belmont’s deficit.

“I trying to protect the town,” said Reardon as he declared his opposition to the deal.

Belmont Light’s counsel Walter Foskett said Eversource could be reluctant to make changes to a signed sales document, but Paolillo noted that Eversourse “showed their hand” on including and defending the particular paragraph to the agreement.

“Why care about the language if you are not going to use it … for a tax break,” he said.

In the view of Reardon and the Light Board, taking out the disputed language doesn’t prevent Eversource from appealing the judgment of Belmont’s assessors to the appellate court.

“This is important enough to meet again,” said Paolillo.

Traffic Factor in Commuter Train/SUV Accident That Left Woman Seriously Hurt

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Photo: (credit: Anna Meiler/CBSBoston)

Belmont’s increasingly congested streets appear to have played a factor leading to an early morning collision between an SUV and an MBTA commuter train at the intersection of Brighton Street and Blanchard Road that left a women critically injured at 8 a.m., Friday, Dec. 9.

While MBTA Transit Police Superintendent Richard Sullivan said at a press conference “we don’t want anyone to jump to conclusions” why the black late model SUV was partially on the tracks, eyewitnesses reported in several media outlets the vehicle was stuck in heavy traffic and could not move when the crossing horns and lights were activated as the inbound train from Fitchburg to Boston’s North Station approached.

Despite the claims of witnesses, Sullivan said “preliminary investigation says that it was not a traffic jam” at the time of the collision. 

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(Anna Meiler/CBSBoston)

Sullivan said a 58-year-old female was operating the vehicle with her 10-year-old son and two brothers, 11 and 6, as passengers.

Unable to move off the tracks, the woman opened the car doors and removed her son and the 10-year-old from the car when the vehicle was struck in the right rear section. The car was violently spun around hitting the woman who sustained her serious injuries.

The six-year-old who was still in the SUV when it was struck was uninjured as were the 11 and 10-year-olds.

Sullivan said the woman was rushed to emergency care to Beth Israel Hospital. The three boys were also taken to the hospital as a precaution.

Belmont Police and Fire reached the accident scene minutes after the incident. Brighton and Blanchard were closed for approximately three hours after the crash.

Morning and afternoon traffic through Belmont has become increasingly congested as commuters bypass the Fresh Pond/Route 2 interchange and elect to cut through Belmont heading to and from the western suburbs.

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.