Judge Lifts Silver Maple Injunction as Work Resumes at Belmont Uplands

Less than 24 hours after initially granting an injunction halting the developer of the proposed 299-unit “Residences at Acorn Park” apartment complex from clearing land in Belmont’s Uplands, Middlesex Superior Court Judge Rosalind Miller vacated the stay on O’Neill Properties’ work in removing vegatation and trees in preparation of possible construction.

Miller’s ruling, on Tuesday Oct. 21, allowed work crews utilizing heavy equipment and chainsaws to resume the process of clearing the eight-acre site that began last week at the Silver Maple Forest parcel off Frontage Road on the Cambridge town line.

In her ruling, provided by the Superior Court, Miller wrote the plaintiffs – 14 Belmont members of the Coalition to Preserve Belmont Uplands who filed a request for the injunction on Oct. 13 – failed to show “irreparable harm” to their cause “in absence of an injunction.” In addition, Miller said the plaintiffs had “failed to disclose the seven year history of unsuccessful litigation regarding this development of an affordable housing project.” 

The rulings came after a week of civil disobediance in which 13 protesters have been arrest by Belmont Police at the site.

Miller’s complete judgement is below:

After review and hearing on 10/16/14, the plaintiff’s motion for a preliminary injunction is DENIED. To obtain the extraordinary relief of an injunction, the plaintiffs must prove: (1) without the relief sought, plaintiffs would suffer irreparable harm; (2) there is a likelihood of success on the merits of this case; and (3) any harm to the plaintiffs would outweigh the harm which the injunctive relief would inflict on the defendants. John T. Callahan & Sons, Inc. v. City of Malden, 430 Mass. 124 (1999). Plaintiffs have failed to show a likelihood of success on the merits of this case and a substantial risk of irreparable harm in the absence of an injunction. The court declines to impose sanctions on the plaintiffs for their failure to disclose the seven year history of unsuccessful litigation regarding this development of an affordable housing project. The previous temporary restraining order issued on 10/20/14, is hereby vacated. SO ORDERED. (Rosalind H. Miller, Justice, Dated: 10/21/14)

 

Judge’s Injunction Halts Uplands Tree Clearing After Morning of Arrests

Someone was listening to the Lorax … for now.

Hours after four protesters were arrested Monday morning, Oct. 20, at the proposed site of a 299-unit residential complex on the Cambridge line, a Middlesex Superior Court judge filed an emergency restraining order to halt pre-construction clearing of a portion of the Silver Maple Forest in Belmont until she can rule on a complaint from 14 Belmont residents who are members of the Coalition to Preserve Belmont Uplands.

Justice Rosalind Miller’s single-page injunction temporarily halts trees being cut and removed from the 15 acre forest  located off Acorn Park Road, which is connected to Belmont via Frontage Road adjacent to Route 2. The judgement is directed at O’Neill Properties, the Philadelphia-based real estate firm behind the development dubbed the Residences at Acorn Park.

The complaint contends the site developer, Cambridge Partners II, is pushing aside regulations required by the Clean Water Act and the Belmont Stormwater Bylaw.

The ruling, while temporary, is a victory for environmental groups and Chilton Street resident Anne-Marie Lambert who has advocated that the residential development will increase the likelihood of serious flooding in surrounding communities such as northeastern Belmont, Cambridge’s Alewife and east Arlington due to the developer’s use of outdated climate reports in addition to destroying a nature sanctuary.

(Lambert will give a talk this Sunday on the history of the Uplands hosted by the Belmont Historical Society.)

Miller’s ruling came after a third round of arrests took place at the site as a quartet of protesters, including Lesley University Biology Professor Amy Mertl, who made a presentation to the Belmont Board of Selectmen on Tuesday, Oct. 14, on the economic impact on Belmont town finances if the development is constructed.

Belmont Police report that 13 people have been taken into custody since the first arrests on Monday, Oct. 13. They were charged with trespassing.

Monday’s protest occurred along Acorn Park Road adjacent to crews using chain saws and large earth-moving equipment to clear vegetation and remove trees.

“Oh!” several of the 60 protesters loudly moaned when a 50-foot Silver Maple fell to the ground as a young man read passages from Dr. Suess’ “The Lorax” – which several people repeated – and a graduate student argued loudly with the private security guards.

Quinton Zondervan, president of Green Cambridge, said the week-long direct action by various groups was occurring “since the developer doesn’t have a building permit, but they have already started cutting trees.”

Ellen Mass, founder of Friends of the Alewife Reservation who was arrested last week, said “this awful crime we are witnessing is quite beyond the pale because they did most of their cutting of these trees just as the Coalition [to Preserve Belmont Uplands] filed the injunction. They did this on purpose during the weekend before the judge had an opportunity to rule.”

For others, the protest was an opportunity to show solidarity to what they view is an important piece of the local environment.

“We want to save the forest,” said Leyli Lopez, who came with her mother, Nicole Weber, who works at Leslie University.

“I’ve gotten to know about this issue through my colleagues Amy [Mertl]. I use this area, and I didn’t even know this was happening,” said Weber.

While the possible environmental repercussions on surrounding communities has been well noted by development opponents, the impact of 300 units of housing on both Belmont’s general government and school budgets “is significant and worrying,” said Belmont Selectman Mark Paolillo at Tuesday’s meeting.

Included in the Coalition’s complaint is the Belmont Office of Community Development, which would issue the critical building permit to O’Neill which will be located on eight acres of the site.

Last week, Community Development Director Glenn Clancy said he could not comment on the complaint filed last Monday.

Town Clerk: Get a Heads Up on the Coming State General Election

With the Massachusetts General Election just 15 days away, Belmont Town Clerk Ellen Cushman wants registered voters prepared what to expect on the ballot and where to go to cast one.

The polls will be open in Belmont for the Nov. 4 State Election from 7 a.m. to 8 p.m. There are many candidate races on the ballot this year as well as five questions on the Belmont ballot. The Town Clerk’s office offers the following non-partisan sources for Belmont voters to be informed voters prior to getting your ballot on Election Day :

  • The Secretary of the Commonwealth mailed a red booklet to every household in Massachusetts, titled  “Massachusetts Information for Voters, 2014 Ballot Questions.” This booklet covers the four state ballot questions, however Belmont has a fifth question voters should examine.
  • Visit the Secretary of the Commonwealth’s website, enter your Belmont address and find out your voting location and precinct number and view a copy of the Sample Ballot for Belmont, which includes Question 5, a non-binding question from Belmont state Rep. David Rogers.
  • Visit the Belmont Town Clerk’s website to see the precinct maps, and answers to frequently asked questions  about voting.

Massachusetts Information for Voters, 2014 Ballot Questions, published by the the Secretary of the Commonwealth:

Question 1: Law Proposed by Initiative Petition – Eliminating Gas Tax Indexing

Question 2: Law Proposed by Initiative Petition – Expanding the Beverage Container Deposit Law

Question 3: Law Proposed by Initiative Petition – Expanding Prohibitions on Gaming

Question 4: Law Proposed by Initiative Petition –  Earned Sick Time for Employees

Question 5: Shall the state representative from this district be instructed to vote in favor of legislation that would allow the state to regulate and tax marijuana in the same manner as alcohol?

Precinct Locations:

  • Precinct 1: Belmont Memorial Library, Assembly Room, 336 Concord Ave.
  • Precinct 2: Belmont Town Hall, Selectmen’s Meeting Room, 455 Concord Ave.
  • Precinct 3: Beech Street Center, (Senior Center), 266 Beech St.
  • Precinct 4: Daniel Butler School, Gymnasium, 90 White St.
  • Precinct 5:  Beech Street Center, (Senior Center), 266 Beech St.
  • Precinct 6: Belmont Fire Headquarters, 299 Trapelo Rd.
  • Precinct 7: Burbank School, Gymnasium, 266 School St.
  • Precinct 8: Winn Brook School, Gymnasium, 97 Waterhouse Rd. (Enter from Cross Street)

Questions? Contact Belmont Town Clerk’s office at 617-993-2600 or townclerk@belmont-ma.gov

Special Town Meeting Limited to Belmont Center Reconstruction Pay Plan

That was quick!

Belmont’s Special Town Meeting, scheduled for Monday, Nov. 17, will be a singular affair as town officials set an extremely tight window for residents to add anything else to the warrant.

The warrant, which is the agenda of items to be brought before and voted on by Town Meeting members, was officially open for a single hour, from 9 a.m. to 10 a.m. on Wednesday, Oct. 15, for citizens to submit petitions to be taken up by the town’s legislative body. 

“No one filed a citizen petition, though a couple of people had inquired last week how it could be done,” said Belmont Town Clerk Ellen Cushman on Thursday, Oct. 16.

With nothing added to the agenda, members will have only one item to discuss, the $2.6 million Belmont Center Reconstruction Project.

Members will hear from town officials that while the blueprint for the long-awaited revamping of parking, pedestrian and traffic patterns in Belmont Center is complete, the financing is far from set after both state aid and the expected sales of the Cushing Square municipal lot and residential parcels off Woodfill Road – the sale of the town-owned parcels was anticipated to bring in approximately $2 million – never materialized. 

The Town Meeting will essentially determine if, and, or how money for the reconstruction will be secured.

“This is about a vision for your Town Center and that is what we really want to focus on,” said Belmont Selectmen Chair Andy Rojas at a September public meeting on the subject. 

That need for Town Meeting members to concentrate on an important infrastructure project resulted in the quick, open and shut, warrant.

“Town Meeting Members and citizens received several notifications from me that the Board of Selectmen were anticipated to call a Special Town Meeting for a specific purpose, the Belmont Center redevelopment.” The members also received an invitation to a public meeting on that topic, she said.

Picking Up the Check: Pool Committee Hands $411K to Town for Underwood

Just three-and-a-half weeks ago, Anne Paulsen said she “went home crying” after a meeting with the Board of Selectmen when it appeared the new Underwood Pool may not be built. The board had challenged the pool’s Building Committee to find $400,000 in just over a month or possibly see the entire projected shelved due to a sudden shortfall in funds.

“It was fairly depressing,” said Paulsen, chair of the Underwood Pool Building Committee.

Boy, how four hundred grand can change Paulsen’s demeanor.

On Tuesday, Oct. 15, the Underwood Pool Building Committee – the volunteer group that oversees the design and construction of the new two pool complex to replace the historic 102-year-old facility – presented the Belmont Board of Selectmen $411,000 which was raised to bridge a funding gap which occurred when in late August a low bidder for the $4.1 million construction job suddenly dropped out leaving the committee needing to bridge a $388,000 breach to the next low bid.

Paulsen also announced that just before the meeting, the committee signed a letter of intent with New England Builders & Contractors Inc. of Methuen, the project’s new contractor.

If there is not a lot of snow this year, New England Builders believe it can save most of the 2015 summer swimming season, said Paulsen.

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Unlike the previous meeting with the Selectmen – where the board voiced its frustration at the lack of an “adequate” contingency amount in the pool’s budget – this will a day for happy as the town celebrated the achievement of raising the money in just over 25 days through the effort of residents with a boost from the town’s largest business.

Paulsen praised the efforts of fellow committee member Ellen Schreiber, who led the public fundraising effort, and former Belmont selectman Ralph Jones who, with his family, donated “a significant” amount to the cause in addition to flushing out donors.

Special acknowledgement was directed to the Belmont Savings Bank Foundation – the charitable wing of the Belmont Savings Bank – and the bank’s CEO and President Robert Mahoney who stepped in quickly to donate a $200,000 matching grant “that took what felt like an intimidating, possibly hopeless task and turned it into an exciting challenge,” said Schreiber.

“I had a sense that this was an important project … that it wasn’t just a physical asset but an emotional one,” Mahoney said.

“These were our three pieces of good luck,” said Paulsen.

Schreiber also acknowledged the town’s residents, from lifelong citizens to new families in Belmont for just a few years, who donated every amount from $10 to $25,000.

“People don’t give money for something they don’t care about,” noted Schreiber, who said in her years of fundraising, “I have never seen so much come in so quickly.”

Additional donations over the approximately $390,000 needed to fill the gap continue to come in, the money being placed in the project contingency fund.

“Congratulations to all of you. It was a daunting task at first,” said Selectman Chair Andy Rojas, thanking Mahoney for the bank’s challenge. “We’re happy to see the pool move forward and not miss a step.”

Last Chance to Register for General Election Today, Wednesday, Until 8 PM

Today, Wednesday, Oct. 15, is the final day to register to vote or make any changes to your party, address or name, to qualify for the Nov 4 state general election.

The Town Clerk’s office will remain open until 8 p.m. to accept voter registrations and changes. The office is located in Town Hall, 455 Concord Ave.

To learn more about registering to vote, HAVA, and upcoming elections, or to print registration forms, please visit the Town Clerk’s website or telephone the Town Clerk’s office at 617-993-2600.

 

Mahon Eyes School Committee Run? It’s On Facebook

After returning from a triumphal business tour of Portugal, Anne Mahon has told her nearly 1,350 internet friends she is ready to possibly run for Belmont School Committee.

The well-known Precinct 4 Town Meeting member, Democrat activist and successful real estate broker wrote on her Facebook account Sunday, Oct. 13 that she is interested in vying for one of the three seats – two will be full, three-year terms and the other two years due to the resignation of current member Kevin Cunningham – being contested in the April 2015 Town Election.

“I know I’m REALLY busy with real estate, but I’m thinking about running for School Committee in Belmont,” wrote Mahon who in the past fortnight was a featured speaker and presenter at a Century 21 convention for real estate sales people in Portugal. 

“Everybody knows I love and support the Belmont public schools and I think it could really use a cheerleader at those Warrant Committee meetings. Would you turkeys be willing to help me get elected? because I don’t have much time for the door to door campaigning,” said Mahon. 

This would be Mah0n’s second attempt at town-wide office; in 2010, she finished third for a seat on the Board of Selectmen, finishing behind winner Mark Paolillo and then incumbent Daniel LeClerc.

As of 5 a.m., Monday, Oct. 14, Mahon received 14 “likes” to her post.

Seven Projects Make First Cut for Community Preservation Funding

Seven of eight projects passed the first test that could ultimately see them funded through the Community Preservation Committee.

On Wednesday, Oct. 8, the committee announced applications that were approved in the preliminary round of assessments.

The only project that did not make the initial cut was $170,000 to make the Press Box at Harris Field compliant with the Americans with Disabilities Act. The committee decided the request did not fall under one of the four categories that CPA funds can be directed: historic preservation, open space, community housing and outdoor recreation. The press box – which is located on the top level of the main stands – has been closed since 2013 when it was determined those with mobile disabilities could not reach the area.

The seven applications that will be moving forward in the CPC process are:

  • Belmont Veterans Memorial Project: $150,000
  • Wellington Station exterior restoration and rehabilitation: $26,300
  • Electrical upgrade at units owned by the Belmont Housing Authority: $522,500
  • Winn Brook Tennis Courts: $295,000
  • Pequossette Tennis Courts: $250,000
  • Digitization of historic Belmont newspapers from 1890 to 1983: $25,000
  • Rehabilitation and restoration of the 1853 Homer House: $100,000.

Applicants are now required to submit more detailed proposals to the committee. A final committee recommendation on funding any of the remaining projects will take place early in 2015. The annual Town Meeting will have the final say on allocating CPA funds.

The Community Preservation Act was adopted by Belmont voters in 2010. The fund is financed by property tax surcharges and annual distributions received from the State “Massachusetts Community Preservation Trust Fund.”

Belmont’s New Yard Sale Bylaw Begins This Weekend

Belmont residents considering holding a yard sale this weekend will now need an advanced permit as the Belmont Town Clerk’s Office has the town’s online permitting site up and running.

As most Belmontians will recall, Town Meeting members adopted this spring a new General Bylaw setting limits and requirements for those holding private sales – including garage sales, tag sales, moving sales and other related private sales.

And the Massachusetts Attorney General approved the bylaw last month, becoming effective on Sept. 25.

“If you intend to hold a Private Sale as defined in the bylaw, you must first register and receive a free permit issued by the Town Clerk’s office,” said Town Clerk Ellen Cushman.

Residents can file for the Private Sale permit by going to the Town Clerk’s webpage on the town’s website and select Yard Sale Permit. Below is how the page appears:

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Registering for the free permit takes less than two minutes as the resident fills in  an online form with the date, time, address of the sale and contact information about the sponsor; the free permit will be emailed automatically; residents who do not have access to email may call or visit the Town Clerk’s office and the staff will be happy to help.

The Town Clerk’s office is reached at 617-993-2600 or townclerk@belmont-ma.gov .

As a side benefit of the new bylaw, yard sale enthusiasts may use the web page to view a map of registered Belmont yard sales or print a list or registered yard sales for the upcoming two weeks.

Open Space? Solar Farm? Marijuana Grove? What to Do With Belmont’s Former Incinerator Site Meeting Nov. 3

New recreational playing fields.

A new home for the Department of Public Works.

A solar photovoltaic farm.

Open space.

A grove for growing medical marijuana.

Those are just a few of the suggestions citizens and town officials put forward for the future use of the former town incinerator located off Concord Avenue near the Lexington town line with Belmont.

With the state prepared to sell the nearly 16 acre parcel to the town, the Belmont Board of Selectmen will be updating Town Meeting members and the public on possible uses for the former incinerator at a presentation and discussion set for Monday, Nov. 3 from 7 p.m. to 9 p.m. at the Chenery Middle School auditorium.

The public and Town Meeting members are encouraged to provide their ideas for the best use for the land, according to a press release for the board.

The town is moving forward on a new use after Gov. Deval Patrick in January signed legislation pushed by State Rep. Dave Rogers that authorizes the sale to the town of the state-owned land. The law allows Belmont to purchase the land after an appraisal determines the fair market value of the property. In addition, the town will be responsible for the site’s costly remediation of environmentally hazardous material.

An important provision of the law is the land is limited to recreational or municipal use; it can not be sold or leased for commercial or business operations.

Constructed in 1959, the incinerator operated until 1975, when it became the town’s transfer station for two decades. It is currently used by the Belmont DPW for equipment storage, leaf composting and placement of debris.

Questions and ideas can be submitted prior to the meeting at selectmen@belmont-ma.gov . More information on the meeting can be found by contacting the Board of Selectmen/Town Administrator’s office at 617-993-2610.