Belmont Town Meeting Rejects $144 Million Minuteman Funding Proposal

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Photo: The vote at Town Meeting.

With many members expressing a great amount of frustration with the process and the school’s administration, Belmont Special Town Meeting voted down the $144 million bond issuance plan for a new Minuteman Career and Technical High School building, 141-81, Wednesday night, May 4.

The overwhelming rejection of the project now places the future of the 628 student school in jeopardy as Belmont appear likely to be the only one of 10 communities in the Minuteman School District to vote against the plan.

“[T]his is the wrong school at the wrong time,” said Belmont Board of Selectmen’s Chair Mark Paolillo, who spoke against the plan which would have saddled Belmont with an annual bill of $350,000 to $500,000 to pay for its portion of the nearly $100 million to build the school.

Paolillo said approving a new school among the ten communities would end any meaningful incentive for cities and towns, including Watertown, Waltham, Medford, and Everett, outside the district that sends nearly 45 percent of the student population to join the district and help pay for the building.

While voicing its disappointment with the vote, leaders of the Minuteman administration contend they will move forward with the project and will push for the final two towns – Arlington and Needham – whose Town Meetings vote on Monday, May 9, “to stay the course” and approve the funding proposal, said Dr. Edward Bouquillon, Minuteman’s superintendent.

The Town Meeting vote – coming after two hours of presentations and debate – indicated that Minuteman could not close the deal with Belmont voters, as it was already starting behind the 8-Ball after the Board of Selectmen (unanimously), the Warrant Committee (8-6) and Capital Budget Committee (6-1) recommended “unfavorable action” in the article. 

Jack Weis, a Town Meeting Member from Precinct 1 and Belmont’s representative to the Minuteman School Committee, presented the case for accepting the plan for replacing the deteriorating existing facility that has aged since it was built in 1974.

Since 2010, the school has been conducting a feasibility study that resulted in the administration would not support building a school for less than 600 students as it would limit the number of fields of study which they contend is critical to attracting students to fill the building. Weis told the assembly that building a school for about 400 students would cost about $120 million, which is not much savings. 

While Weis admitted he believes the building is too big, “I get tripped up” when asking himself “will be better off if we vote ‘no?’” With nothing on the horizon in alternatives for Belmont students now and in the future, the better path, said Weis, was to seek approval of the new school funding.

Paolillo countered Weis and Minuteman, saying while he was prepared to vote ‘yes’ for a facility that met the needs and demands of the ten member districts, a 628-student building proposal was far too big for the municipalities who would be backing the bonds to fund the structure.

“I just can’t get to yes with a $144 million building,” said Paolillo, noting that the funding would need to be paid for via a debt exclusion vote, likely on the same ballot in 2018 as the possible $100 million debt exclusion for the renovation and new construction of Belmont High School. 

Paolillo did not believe a “no” vote would kill a new building, just allow communities to continue negotiations.

“Maybe I’m an optimist, but I think that we can strike a new deal,” he said, rejecting the call by some that Belmont leaves the district and find an alternative school or program to educate the 26 students currently attending Minuteman.

When the floor was opened to residents, most speakers spoke of a frustration born of wishing to support vocational and technical education yet being unable to back the only project placed before them.

Bob McLaughlin, of Precinct 2 who with Paolillo and Weis worked on Belmont’s task force to the district, hammered the deal accusing the Minuteman administration of building a “Cadillac” school – it would become the most expensive vocational school in the Commonwealth if built – which could cost Belmont as much as $36,000 per student tuition but only if the school reaches the 628 maximum. 

Long a critic of a larger high school building, McLaughlin said assertions by the Minuteman administration that out-of-district communities would pay their fair share of the capital expenses with a surcharge or by joining the district will not occur after the funding is OK’d.

“We are going to repeat history. The non-member towns are going to get a free load or a much cheaper load on the backs of the member towns,” he said.

Some members defended the proposal for the sake of all the students “who want more than doing college prep courses,” said 

Roy Epstein, Pct. 6, and Warrant Committee member (who was one of the six “yes” votes) said there is no contingency plan [if it leaves the district] and we will have 60 days to decide to leave and then to do what? No one knows.”

Epstein said the town should take the risk that out-of-town communities will want to secure student spots in a brand new school by joining the system, “and build a new school.” 

Carolyn Bishop, Pct. 1, said she had not heard any options for Minuteman. “What do we do with the students we can’t send because we didn’t approve a new school?”

“How can we meet the needs that Minuteman currently provides?” Bishop said, adding that she would “rather see something too large, we never erred on the side of too large. There are always ways to fill the spaces.”

But it soon became apparent that even members who were inclined to back the building plan due to the numerous questions that could not be answered.

Some pointed to the declining enrollment at Minuteman – a steady fall from 1,200 district students in the late 1970s to only 331 today – while other technical schools around the state are filled. Others focused on the non-member communities and their lack of cooperation in paying for the school. 

“It’s starting to feel like this whole concept of member towns is totally ludicrous,” said Suzanne Robotham, Precinct 2, suggesting the town leaves the district and send the 26 students at the reduced rate. 

Then there was the concern of which school the town should

“We may have only one realistic opportunity to go to the till of Belmont voters and ask for money, and my laser focus is on the 1,200 than the 26,” said Peter Whitmer from Precinct 6.

In the end, the combination of what many believed to be an oversized school without the assurances that it could be filled sent the proposal to a crushing 60 vote defeat. 

Hotel Developer Sues ZBA After It Rejected Pleasant Street Proposal

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Photo: Michael Colomba at the April ZBA meeting.

Saying it’s a “matter of principle,” the Waltham developer whose proposal to build a European-style boutique hotel at the corner of Pleasant Street and Brighton Road was rejected last month by the Zoning Board of Appeals, has filed a lawsuit in Land Court to reverse the board’s decision, calling the decision “an erroneous application of the law and constitutes an abuse of [its] discretion.”

Michael Colomba said he reversed his decision to place a small grocery store at the location – the former Mini Mart convenience store – after the board’s judgment on April 4 after reviewing the board’s ruling in detail. 

“After the dust settled, I really questioned the board’s process coming to its 3-2 decision,” Colomba told the Belmontonian. 

Colomba is seeking to renovation of the two-building, two-story structure at 334 Pleasant St. –  and offices – into a boutique hotel consisting of 19 guest rooms, a cafe for guests, a fitness room, a business center and offices on the 14,400 sq.-ft. site. Columba purchased the site in September 2015 for $1.9 million. 

Also, Colomba said for days after the verdict, “I received so many phone calls from residents and officials. They said, ‘Michael, this is nuts. How can they say you can’t come here? You need to appeal this’.”

The heart of Colomba’s complaint lies in the board’s view that the town’s zoning bylaws don’t explicitly mention “hotels” as an acceptable application.

“There is nothing in the bylaws that says a hotel can go anywhere in Belmont because there is no reference to a hotel use so how can we even hear arguments for the special permits,” said ZBA Chair Eric Smith in April, ending the meeting before hearing any appeal for four special permits Colomba was seeking to build the hotel. 

In the lawsuit filed April 22 in Land Court, a department of the Trial Court based in the Suffolk County Court House, Colomba claims that while there is no stated use for a hotel, “under the use category of ‘Business’ there is a catch all entitled ‘Other retail sales and services’ which requires a special permit.” 

Colomba told the Belmontonian that the ZBA could not “100 percent say what ‘others’ mean” suggesting this section of the bylaws was taken “word for word” using regulations from other municipalities as a template. 

“It is the town that need to spell out what ‘other’ mean, not me,” he said.

And, in fact, the town bylaws’ general regulations regarding off-street parking includes the phrase “hotels, motels, room and board, other commercial accommodations” thus confirming the town does allow hotels as a use. 

By closing down the process before hearing Colomba’s defense for the special permits was “an erroneous application of the law and constitutes an abuse of discretion” as the ZBA exceed its authority in a “whimsical, capricious or arbitrary” way causing him to suffer damages.

Colomba is urging the court to “issue a declaratory judgment” in his favor, “declaring that the hotel use, with the issuance of a Special Permit, is a permitted use in the town” in addition to “such further relief as justice requires.” 

For Columba, who filed the suit just under the time permitted to appeal such rulings, he hopes the courts will at least allow him to present his case for the hotel.

“I say let the state now decide. I believe that we will get a fair ruling,” he said. 

Belmont Town Meeting, First Night, Session One

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Photo: Mike Widmer, Town Moderator

7 p.m.: Welcome to the first night of Belmont’s annual Town Meeting. We are waiting for Town Moderator Mike Widmer to open the town’s legislative body.

We are at Belmont High School’s Auditorium. The 290 members will spend Monday discussing and voting on non-budgetary articles on the warrant. All budget and financial reports will be discussed and voted on in the June session.

Tonight, Monday, Town Meeting will tackle Articles 1-7 in the Town Meeting Warrant. They include:

  • Article 1: Reports (there will be no reports this evening.)
  • Article 2: Authorize, the Board of Selectmen, to represent the town’s legal interests.
  • Article 3: Authorize the town to abandon an existing utility easement along Trapelo Road and Common Street.
  • Article 4: Extend the Demolition Delay Bylaw by one year to allow for the completion of the Historic District Commission Town-wide survey of historic properties.
  • Article 5: Remove the “sunset” provision from the Residential Property Snow Removal Bylaw.
  • Article 6: Limiting the size and mass of dwellings in the Single Residence C Zoning District. This article could be tabled.
  • Article 7: Individual votes on the eight projects put forward by the Community Preservation Committee.

7:22 p.m.: We are underway with the Articles. This is abandoning the utility easement in Cushing Square. Pretty straight forward. Glenn Clancy of the Office of Community Development gives his usual folksy explanation; this easement is to allow Cushing Village to move forward. No discussion? Darn, two questions. Sue Bass, Pct. 1 asks where the Cushing Village development now stands. Town Administrator David Kale says Toll Brothers, the large national developer, have until August to make a purchase and sale of the property. They are doing its due diligence to execute the sale. Don Mercier, Pct. 8, asks if the easement has economic value and why to give it away without getting paid for it. Clancy said town didn’t actually own it to sell it. The vote is unanimous yes.

7:36 p.m.: Now up is to extend the Demolition Delay Bylaw by one year. Selectmen, Warrant and Joe Cornish of the Historic District Commission said the extension would give sufficient time to complete updated town survey of historic properties and work with stakeholders in the community to draft a new bylaw by Spring 2017 Town Meeting. He said that only two properties were subject to the demolition process.

Funny moment: Just as questions are underway, the High School jazz band began to practice. “We’ll have a little interlude,” said Widmer,

No real questions, it passes 227-13.

7:40 p.m.: Now up is extending the snow removal bylaw. It’s been around for three years and let’s make it permanent. Joe White, Pct. 4, said some people have asked if a resident breaks a finger or have a heart attack while shoveling, who is liable? There is no shift of liability on civil claims if the bylaw was or was not in effect. If the sidewalk was defective, then you might have a claim, but not if the bylaw is in force. And yes, the bylaw also holds the town to shovel public walks. Mark Paolillo, Selectman chair, tells Don Mercier, Pct. 8, that the bylaw was created to change behavior, and it’s been successful. The vote is underway the bylaw is now permanent by a 230-9 margin.

7:53 p.m.: Article 6, which will limit the height and mass of single family homes in many sections of town, has been tabled due to technical changes that still need to be made. It will be brought up at the June meeting. It passes 226-8. 

7:55 p.m.: The Community Preservation Committee projects are up. Margaret Baily, CPC chair, gives an overview of what the CPA does. 

Jim Stanton, Pct. 3, made a comment saying that he knows of no grant program that approves 85 percent of applications. The town would be better served if twice as many applications were presented to the CPC and there would be a competition of ideas rather than just approve what is presented.  

For this coming fiscal year, the six projects seeking Town Meeting approval are:

  1. Construction of Intergenerational Walking Path at Clay Pit Pond: $228,350
  2. Preserving Belmont’s Original Vital Records: $80,000
  3. Digitizing Belmont’s Town Meeting Records: $85,000
  4. Town Hall Exterior Railings Improvements: $75,000
  5. PQ Park Playground Project: $25,000
  6. Winn Brook Tennis Courts: $325,000

TOTAL: $818,350

Mary Trudeau gives an overview of the Clay Pit walking path. The path will have a 6-8 foot wide compacted stone pathway, have a restored entrance to the Veteran’s Memorial Area from Concord Avenue to the flag pole and have brick pavers at points with the water’s edge. Kevin Cunningham, Pct. 4, asks what official “hoops” would this project need to pass to get an OK. Trudeau said the construction would need to get state approval because it is within wetlands protected the land. But she does not see it as a problem. Stanton, Pct. 3, said since the plans for the community path were developed, the renovation of the High School has been approved, and there could be a community bike/walk path included in the area. More comment than a question. Janet Kruse, Pct. 3, ask if the path will be wheelchair user accessible. It will be with ramps at all entry points. The Vote: Unanimously adopted.

Up now is PQ Park. It will be focusing on the one-acre playground area. A landscape architect would be hired to include a preliminary design, construction documents and position the group asking for the money to move to Phase 2, which will be actual construction. Joe White, Pct. 4, wants to know if the area will be fenced off from dogs. He then went off to doggie daycare. Jack Weis, Pct. 1, asked if approval of this article will require the town to pay for work proposed if the next phase is not done. Selectman Sami Baghdady said any Request for Proposal will go through the Selectmen’s office, and they would make sure the town isn’t liable for such non-work. The vote and the motion was adopted with a few nos. 

Winn Brook tennis courts is being debated. Lots of questions on the hole in the fence. Maryann Scali, tennis lover, Pct. 2, said since courts are disappearing, the town has to protect what’s left because tennis is a sport that people who of her age can still play. Yes with a scattering of nos.

Town Clerk Ellen Cushman said she hoped that she wouldn’t take that much time presenting her request in preserving Belmont’s original vital records and digitizing the town meeting records. Only one question, both articles passing unanimously. 

Gerry Boyle, Facilities Director, presents the town’s request to replace and refurbish the ornamental railings on the Concord Avenue side of Town Hall. Ed Kazanjian, Pct. 6, asks why weren’t this type of improvement done during the Town Hall renovation about 15 years ago. Is this the end of this sort of work? Boyle said he could not say if this was the final project at Town Hall “because all buildings are living and breathing things” which grow old and need repairs. Passes with a few nos.

Belmont’s Annual Town Meeting Convenes Tonight at 7 PM

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Photo: Town Meeting.
Legislative democracy is back in session tonight as Belmont’s Annual Town Meeting convenes tonight, Monday, May 2 at 7 p.m. in the Belmont High School Auditorium.
The 290 members will spend Monday and Wednesday, May 4, voting on non-budgetary articles on the warrant. All budget and financial articles will be discussed and voted on in the June session.
Tonight, Monday, Town Meeting will tackle Articles 1-7 in the Town Meeting Warrant. They include:
  • Article 1: Reports (there will be no reports this evening.)
  • Article 2: Authorize the Board of Selectmen to represent the town’s legal interests.
  • Article 3: Authorize the town to abandon an existing utility easement along Trapelo Road and Common Street.
  • Article 4: Extend the Demolition Delay Bylaw by one year to allow for the completion of the Historic District Commmision Town-wide survey of historic properties.
  • Article 5: Remove the “sunset” provision from the Residential Property Snow Removal Bylaw.
  • Article 6: Limiting the size and mass of dwellings in the Single Residence C Zoning District. There is discussion that this article could be tabled.
  • Article 7: Individual votes on the eight projects put forward by the Community Preservation Committee. More information on the projects can be found here.

On Wednesday, May 4, the annual meeting will close temporarily to allow for a Special Town Meeting to convene. The Special Town Meeting will have three articles: 

  1. A funding authorization to finance a new $144 million Minuteman Regional Vocational School.
  2. Appropriate $1.75 million, the proceeds from the sale of town owned land off Woodfall Road, to fund initial expenses of the Belmont High School Building Committee.
  3. Transfer $1.3 million from free cash to fund the purchase of six modular classrooms to be used at the Chenery Middle School. 
Jack Weis, Belmont’s Representative to the Minuteman School Committee, has provided a preview of the slides he intends to present under Article 3 of the Special Town Meeting, and is asking Town Meeting Members to look through the new presentation in advance of Wednesday’s meeting in hope of covering the entire presentation in an efficient manner. To permit everyone to receive and view these slides without being constrained by computer power, please follow this link to the slides that are on the Town Clerk’s Town Meeting Information page of the website: 
 

Comedian Jimmy Tingle in Belmont Saturday Using Humor To Support Good

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Photo: Jimmy Tingle, in the flesh.

Humor for Humanity and A Path Appears in Belmont are pleased to announce an opportunity to both give and get and feel good about it as they host comedian/political pundit Jimmy Tingle in his show: “Jimmy Tingle for President/The Funniest Campaign in History” this Saturday, May 7 at 7:30 p.m. at Belmont High School, 221 Concord Ave. 

Tickets are $30 and are available on jimmytingle.com, eventbrite.com or apathappearsinbelmont.webs.com

The New York Times describes Jimmy as; “ More than comic wit.. so cheerfully intelligent he makes his audience optimistic in the face of appalling reality. It takes a serious and well-intentioned man to make one laugh to such good effect.”

Funds raised will support The Belmont Food Pantry, Belmont METCO and the Bristol Lodge which represent the top three issues – hunger, homelessness and education/literacy – identified in the community surveys collected at the A Path Appears in Belmont events last year including the talk with New York Times journalist and Pulitzer Prize Winner Nicholas Kristof. 

When Kristof spoke last April at Belmont High, he shared his research proving when an individual gives to another, it makes them FEEL GOOD, Come enjoy the evening and know that a portion of the cost of your ticket will be going to each of the three organizations listed above. You will not only FEEL GOOD you will laugh like you haven’t laughed before.

Go to apathappearsinbelmont.webs.com for more information and tickets.

Citizen Petition Triggers Special Town Meeting Targeting Wireless Antennae at Plymouth Church

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Photo: The Plymouth Congregational Church.

A group of residents, many who have led the effort to halt the installation of cellular antennae inside the steeple of Plymouth Congregational Church on Pleasant Street, have successfully filed a citizen’s petition that now requires the town to hold a Special Town Meeting in June aimed at placing a steep roadblock to the plans by the church and its telecommunication giant partner.

As the petitioners are pushing to add more stringent requirements on this and other future wireless projects, church leaders told the Belmontonian they are moving forward with a revised plan they anticipate will pass muster before a small governmental commission that is hearing the proposal.

The Special Town Meeting, which Belmont Town Clerk Ellen Cushman said will likely take place on June 8 during the budget session of the annual Town Meeting, will ask Members to change the town’s bylaw on the installation of internal wireless telecommunications facilities.

The language of the petition – signed by 242 residents – seeks to modify the town’s current zoning bylaws in which smaller cell installations are currently “allowed by right” – in which no town oversight is needed to obtain a building permit – to requiring property owners to get a “special permit” before commencing work, “giving interested Belmont residents an opportunity to provide input to the deliberations of the Zoning Board of Appeal.”

Precinct 4’s Judith Sarno – who with Karen Herosian, Danny Morris and Ron Creamer sponsored the petition – said the petition is a “modest amendment to bring the zoning for wireless telecommunications facilities into the 21st century and offer residents a voice,” and not an attempt to disallow these operations from operating in Belmont.

“[We] are simply asking Town Meeting to allow for more transparency and some notice to concerned neighbors, by simply changing [the bylaw] to a Special Permit,” said Sarno.

Under the special permit requirement, a property owner would be required to present its plan before the Zoning Board of Appeals to demonstrate that a cell tower would not place a burden on the neighboring community. The new requirement would also require notification of neighbors and allow for comments from residents before the ZBA.

In recent rulings, the ZBA has demonstrated a propensity to rule against commercial proposals, from some small day care operations to larger enterprises including a hotel, a Dunkin Donuts franchise and placing stringent restrictions on individual homeowners who put their properties on the popular Airbnb room sharing website.

There are nine existing wireless cell facilities in Belmont; in Belmont Center, a large tower adjacent to the new Highland Cemetery on Concord Avenue and on 125 Trapelo Rd. in Cushing Square, which handles four of the biggest cell providers: AT&T, Verizon, T-Mobile, and Sprint.

The suggested change to the zoning bylaws after the church finalized an agreement with the telecommunication giant Verizon, which is about to present a revised plan to the Historic District Commission, which must OK any exterior structural changes to the steeple before the major construction can take place.

“Verizon will be presenting a revised design plan to remove the air-conditioning compressors and to retain the wooden louvers, thus eliminating the noise concerns of neighbors and preserving the current appearance of the steeple, respectively,” said 

Verizon has begun preliminary work in the area in January after the Planning Board approved the design and site plan review to place the antenna inside the steeple.

“As of now the work is related solely to Verizon and does not require a building permit,” Glenn Clancy, director of the Office of Community Development, told the Belmontonian in February.

“The Verizon work is allowed as it would be for any private property owner” with the owner taking the “risk onto themselves” if the permit is ultimately not issued, said Clancy.

From the church’s view, a majority of town residents will benefit from better cell reception.

“Town officials and Town Meeting members should take the actions that are appropriate to providing better-quality and reliable cell service to improve the ability of all its residents, visitors and businesses, alike, to conduct business, education and social interactions,” said Chet Messer, chair of the Board of Trustees of Plymouth Church.

US News: Belmont High 8th Best in State, A Top STEM School in US

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Photo: Belmont High School.

It something special when you’re in the top 100th of 1 percent.

And Belmont High School has some serious credentials when it comes to producing smart kids. For the umpteenth time, Belmont High was named a gold medal school by US News & World Report in its annual report of the best of the 21,000 public high schools in the United States. Only 2.5 percent of schools nationwide receives the gold standard. 

Belmont High was ranked 213th in the country and 8th in Massachusetts. The school has been slipping a few places each year; it reached its zenith in 2009 when Belmont was the 100th best high school. In 2014, the rank was 151st and last year, 200th.

But according to an analysis of the report, it’s not that Belmont is slipping educationally but rather it is the surge of specialized charter schools that emphasize high-level study and test taking with a select base of pupils that are jumping passed the local high school. 

In the analysis of the US and state, Belmont is grouped with test schools such as Boston Latin and  charter school. Regarding “open enrollment” high schools – in which all students in the district attend – Belmont ranks third behind Medfield Senior High and Hopkinton High and just in front of Lexington High (which Belmont trailed last year) and Dover-Sherborn Regional High. 

According to the ranking, a little more than seven out of ten students takes at on average four Advanced Placement tests with nearly all of them passing at least one AP test. Nearly all the pupils at the High School have tested proficient or advanced in English and math. The school does lag behind nearly 80 percent of Massachusetts high schools in terms of student/teacher ratio at 17 to 1. 

For the second year running, Belmont stands out in a new category of the analysis. In STEM (Science, technology, engineering, and math) education, Belmont repeated its 103rd US ranking with students, outpacing some of the same test and charter schools ranked higher than the Concord Avenue school. 

Town Election 2016: Paolillo Retains Selectmen Seat; Prestwich, Bicer on Schools, 18-Year-Old Tops Town Meeting Ballot

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Photo: Supporters of top vote collector Dan Vernick on Election Day in Belmont.

Mark Paolillo will be returning for a third (and final) three-year term on the Belmont Board of Selectmen as he easily beat back a spirited campaign from political novice Alexandra Ruban in the 2016 Belmont Town Election held on Tuesday, April 5.

Paolillo received 2,432 votes to Ruban’s 1,360, from voters in the eight precincts in town to secure the victory on a day when 3,907 voters, 22.6 percent of all registered voters, took the time to make it to the polls. Paolillo won all but one precinct – falling behind Ruban by five votes, 165-160 in seven – while more than making up that difference by winning overwhelmingly in his home district, in Precinct 8, by more than 250 votes (438-185).

Obtain the unofficial results at the Town Clerk’s Web page here. 

In the contested school committee race, first-timers Murat Bicer and Andrea Prestwich secured three-year terms finishing first and second with 1,959 and 1,931 votes. They outlasted Kimberly O’Mahony, who come in with 1,662 votes in a tight race for the seats vacated by long-time members Laurie Slap and current school committee member Elyse Shuster, who returns for a single year position, finishing the term of Laurie Graham. While Prestwich won half of the precincts, Bicer (who won three with O’Mahony winning her home precinct, the 4th, overwhelmingly) was always just a few votes from her total, losing three precincts (2, 3 and 5) by a total of 16 votes. 

For the race to fill the three-year-term on the Housing Authority, well-known Belmontian Tomi Olson defeated Paul Rickter by more than 150 votes out of 3,200 cast, 1,680 to 1,523. 

Over on the Town Meeting side of the ballot, the top story is 18-year-old Daniel Vernick (Belmont High ’15) who not only topped the vote in Precinct 1 with 339 cast; he received the most votes of any Town Meeting candidate running. Vernick, Yale ’19, ran an impressive campaign using social media, local contacts and going door-to-door to win his seat in the town’s legislative branch, saying he would bring “my [BHS] classmates’ perspective both internally within the school administration and externally through the town.” No one should be surprised by Vernick’s enthusiastic campaign, having started his activism as a 7th-grade middle school student calling for the passage of a Prop. 2 1/2 override in 2010. 

Five incumbents did not retain their seats including a pair in both precincts 1 and 6, while new members will be taking their place in the 290 member body including Kristen Zecchi in 1, Michael Chesson in Precinct 4, Elizabeth Lipson (with an impressive fifth place) and Katherine Gardner Poulin-Kerstien, and Gi Hyun Yoon-Huang in 8. 

And over in the “couples district,” Precinct 4 is sending three sets of married couples, the Flewellings (Sheila topped her husband, David, 205-192), long-time town meeting member Kevin Cunningham just got by his wife, newly-elected Lisa Gibalerio, by one-vote and Sandra Occhino was 14 votes ahead of her husband, John.

And finally, Warren Committee Chair Michael Libenson is back in Town Meeting representing his home Precinct 1 after being voted off the body a few years back, essentially for not responding to the questioner from the Belmont League of Women Voters guide. And School Committee member Susan Burgess-Cox successfully changed precincts now representing Precinct 2 for the next two years.

ZBA Denies Developer Vote To Build ‘Boutique’ Hotel on Pleasant and Brighton

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Photo: The Zoning Board of Appeals voting to deny vote on hotel proposal.

For the second time this year, the Belmont Zoning Board of Appeals denied special permits which would have allowed the construction of a multimillion-dollar development on two lots at the intersection of Pleasant Street and Brighton Avenue.

This latest denial occurred Monday night, April 4, for the renovation of the two-building, two-story structure at 334 Pleasant St. – the former Mini Mart convenience store and offices – into a boutique hotel consisting of 19 guest rooms, a cafe for guests, a fitness room, a business center and offices on the 14,400 sq.-ft. site. 

Screen Shot 2016-04-05 at 11.36.16 AM

The ZBA Monday voted 3-2 not to even bring the five permits sought by Waltham developer Michael Columba before the board for discussion. Chair Eric Smith said the board did not have the authority to move the waivers forward since the town’s zoning bylaws don’t explicitly mention “hotels.” as an acceptable application.

“There is nothing in the bylaws that says a hotel can go anywhere in Belmont because there is no reference to a hotel use so how can we even hear arguments for the special permits,” said Smith.

The board dismissed the claim by Robert Levy, an attorney with Eckert Seamans Cherin & Mellott representing Columba, that the zoning bylaw’s parking requirements – which does briefly refers to a “hotel” – suggests the development’s “impacts” were similar to retail and service uses that are allowed at the site with a special permit.

“In my view, the mention of a hotel in the parking requirements was simply an error made at the time the bylaw was approved,” said Smith.

Not all the members held the same view as Smith as Associate Member John McManus said he “hates to see all these opportunities get squandered.”

While “disappoint,” Waltham developer Michael Columba said he was “OK” with the decision.

“I’ve always said that if the town did not want [a hotel], I have to put the building to good use with whatever tenants I can get,” Columba said, which will likely include a convenience store, garage and offices which are deemed “as of right” under the zoning bylaw and does not require town approval.

“I have to move on this project in a few months,” said Columba, who purchased the site in September 2015 for $1.9 million. 

Monday’s decision follows the rejection on Jan. 11 of a proposed 3,500 sq.-ft. Dunkin’ Donut franchise and retail space across Brighton from Columba’s property. The landowners and franchise, the Leo family who operates nearly 20 donut shops in Massachusetts and Florida, has suggested appealing the 3-2 vote denying them permits to renovate a former gas station and garage it purchased for $1 million in 2014. 

These latest board decisions have led some residents to complain that the ZBA is contributing to what many views as a negative business climate in Belmont, where the needs of commerce are pushed aside for those of residential housing.

Board members rejected the notion it is feeding the perception of an anti-business bias in town, saying it only follows what the Town Meeting – the legislative branch of town governance – has approved.

“In my view, we are trying to apply the bylaws which have been determined by Town Meeting what should be allowed and … if it turns out, in our opinion, it’s not, we are following [Town Meeting’s] edicts,” said Smith.

“This board definitely does not have an anti-business motivation,” said member Nicholas Iannuzzi, noting the ZBA approved “a ton of businesses along South Pleasant Street using the same bylaws which are on the books today.”

“But if something doesn’t fit within the zoning bylaws, then we don’t have much choice,” said Iannuzzi.

Changes to zoning laws would start at the Planning Board who would create a new bylaw before presenting it before Town Meeting for a vote. A current example is the rewriting of zoning language placing limits on the height and mass of new residential construction in the neighborhoods surrounding Grove Street playground.

But even if Town Meeting introduces hotel use under the bylaw, Columba is not interested in a do-over.

“No, I am not coming back for a hotel. That’s done. It’s no longer an option,” he said 

Cushing Village 2.0: Toll Brothers Project’s New Owner As Starr Falls

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 Photo: Toll Brother’s Bill Lovett.

After more than two-and-a-half years of delays and broken promises, the long-troubled Cushing Village multiuse development entered a new chapter Tuesday, March 22 as national real estate firm Toll Brothers announced its purchase of the project’s development rights and two land parcels from original owner Smith Legacy Partners completed on March 14.

With Smith Legacy’s lead partner Chris Starr sitting quietly in the front row, Toll Brother’s Bill Lovett was introduced to the Board of Selectmen during a joint meeting of the Planning Board held at Town Hall.

“We’re very excited as we see this as a perfect location in a perfect community,” said Lovett, a senior development manager at Toll’s Apartment Living, a relatively new whole-owned subsidiary within the Horsham, Penn.-based firm.

With the sale, the project and town moves from an “endless loop of uncertainty” that prevented any work from commencing at the site for 969 days under the previous owner’s stewardship, said Selectmen Chair Sami Baghdady.

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Lovett said Toll Brothers was initially interested in Cushing Village about a year ago when Smith Legacy was actively seeking a deep-pocket investor to partner with but did not pursue the offer then.

“So we actually selfishly very excited when it came back around [at the beginning of the year] because it is such a terrific asset,” said Lovett, saying Cushing Village “checks many, many boxes” of a project it is seeking such as retail on the location, walkability, and a lifestyle community.

“[Cushing Village] really fits the bill,” said Lovett.

The price Tolls Brothers paid for the rights and the parcels was not revealed.

As part of the agreement, Toll will pay the town $1 million for the parking lot and an additional $150,000 in fees to complete the transfer.

After the announcement, the selectmen voted unanimously to approve a one-time only extension of the purchase and sale agreement to August 26 for the sale of the municipal parking lot at the corner of Williston and Trapelo roads to Toll Brothers.

Lovett said this will allow the firm to do its due diligence of the property – which once housed a dry cleaning store – before committing to its development of a property Smith Legacy’s attorney Mark Donahue called “extremely complicated.”

Lovett told the board it is taking the project “as is” with no plans to ask for changes to the massing and basic design that the Planning Board took 18 months to create in July 2013.

“There will be no refiguring of the project,” said Lovett.

As for financing the project which bedeviled the previous owner, Lovett said Toll Brothers “is fortunate that we have a very large balance sheet” with $1.5 billion in cash on hand which will allow the project to be self-financed with available liquidity. 

Founded in 1967, the firm is the country’s largest luxury housing “brand” said Lovett, known for its upscale communities in 19 states – mostly on the coasts – and ability for clients to “build” their house. It was also named one of the most admired companies worldwide, according to a survey by Fortune magazine in 2016. It is also known as the company that in 2005 rescued the weekly Metropolitan Opera broadcasts (now in its 85th year) after longtime sponsor Texaco dropped out a year earlier. 

The Apartment Living division was created after the 2008 economic crash, said Lovett. With ownership in upscale apartments nationwide, Toll Brothers receive a consistent cash flow as a hedge to protect its financial position if the core business of residential housing construction falters. As of March 2016, Toll has just a few apartment buildings under profile, but several are in the pipeline including a few in Massachusetts. 

Lovett reassured Baghdady that the firm is not looking to “flip” the project – place it on the market – once it is completed.

“We are long-term holders of our assets, and we also manage [them],” said Lovett, calling Cushing Village “a core asset.”

Lovett said once its due diligence is complete, the firm will hire a general contractor and begin to move the development “cautiously but quickly.”

“Our business model is to move people in, to start construction and move them in as quickly as possible,” said Lovett, describing it as putting “heads into bed.” 

Pressed on a timeframe in which the project would be completed, Lovett said due to some difficulty in the underground parking; he expects the project to be completed “in less than 30 months.” 

The purchase of the site and the special permit was the inevitable finale of a nearly 1,000 days of grand designs that could not match the business reality of a small-time developer in Starr – his previous real estate experience was as a partner in a modified strip mall in his hometown of Bedford.

Like Sisyphus, Starr’s dream of leaving a lasting monument in the town from where his family hailed led to frustrating and futile labor that in the end all his work and effort was all in vain.

With the sale, Starr leaves the scene as a cautionary tale for developers and town officials to take care before committing to a builder’s dream. 

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