Schools Asking $2.6 Million For Burbank Modulars At Special Town Meeting

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Photo: Modular classrooms.

The Belmont School Committee will seek $2.6 million from November’s Special Town meeting to purchase and install four modular classrooms and pay for long-anticipated repairs at the Burbank Elementary School.

The classrooms are expected to be up and running by the first day of the 2018-19 school year in September 2018, according to Belmont Schools Superintendent John Phelan who spoke before the Belmont School Committee Tuesday night, Sept. 26.

Phelan told the school committee his talk ‘is a preview of the presentation” he will be making to the 290 Town Meeting members on Nov. 13, which is an update of a report in June after the Burbank was selected to receive the modulars. 

The added short-term space is needed due to the rapid growth of student enrollment throughout the district. In the past year, 132 new students entered the system taking the school population to 4,540 as of September 2017. Additionally, there are more teachers in the elementary schools to help reduce class sizes that reach into the mid to high 20s.

The Burbank’s four modulars, which will cost $1,070,400, will be sited adjacent to the rear of the school building which will allow for a covered walkway between the two structures. A good chunk of the money – $1.1 million – will be dedicated to utility work including bringing electrical, water and gas from School Street to the rear of the school. 

The funds will also pay for the repair and expansion of the parking lot and the overhaul of the asphalt playground area, including possibly adding a turf playing surface at “Maeve’s Corner” a shaded area whose grass surface is turned muddy throughout the year.

“These upgrades at the Burbank were overdue. That back playground should have been replaced years ago. The parking has been insufficient,” said Phelan. 

As in June, the furniture, instructional materials and technology will be paid out of the department’s account rather than add to an already substantial request. 

‘We are asking a lot from the town by asking more money for the modulars, said Phelan. “We want to be mindful that we are advocating for the schools as part of the larger community.”                                    

Selectmen OK Automated Trash Collection, Pay As You Throw Set Aside For Now

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Photo: Kim Slack speaking before the Board of Selectmen, DPW Director Jay Marcotte looking on.

Belmont residents will soon have their curbside trash picked up by an automated trash collection truck requiring each household to use a 65-gallon wheeled barrel to place their garbage after the Belmont Board of Selectmen voted 2 to 1 to back the recommendation of the Department of Public Works Director Jay Marcotte to make a move towards mechanization.

The decision came after nearly four hours of presentations, discussion and debate before approximately 70 residents in the Town Hall auditorium on Monday, Sept. 25. Marcotte will now create a request for proposal (RFP) for a five-year contract by the end of October which will allow the winning bidder to purchase new equipment and acquire the nearly 10,000 bins that will go to each household in Belmont.

While “there is no panacea” when it comes to waste collection, Marcotte told the board the automated system – which is fast becoming the industry standard – strikes “a happy medium” regarding cost and the reduction of trash the town will collect.

He noted that using the barrels with the automated collection trucks – which has a mechanical arm that grabs the cans and flips them into a collection area – is the “right-sized for a majority of similar municipalities.” He pointed to the reduction in the trash in towns such as Burington (24 percent), Wilmington (26 percent), Dracut (19 percent) and  Dedham (35 percent) who have recently turned to automation.

According to Marcotte, Belmont’s new collection program – which will begin in 2018 – is similar to the one operated by the town of Wakefield which began its automated system in 2014.

Marcotte said data the department has gathered indicates the 65-gallon bins will meet the capacity needs of three of four Belmont households.

In a compromise to residents and board members, the DPW will accommodate residents who find using a 65-gallon barrel to be unwieldy, difficult to move, or more than they need by providing a 35-gallon barrel as an alternative.

Adam Dash voted against the motion because it did not have a provision to research the viability of using 35-gallon bins rather than the bulkier one.

While many of the current curbside services will remain in place in the next contract – the town will continue a separate recycling pickup and yard waste collection – large “bulky” items such as mattresses and furniture will now be limited to one free removal a week.                                                                                           

While selecting a traditional pickup and haul collection system, the selectmen said they had not abandoned the Pay-As-You-Throw method from future discussion. The PAYT approach was one of the most hotly debated of the items discussed. A presentation by Kim Slack of Sustainable Belmont focused on the dual benefits of reducing trash while cutting the town’s carbon footprint by undertaking this program. 

PAYT is just that, requiring households to purchase biodegradable bags for between $1 and $2 a bag for trash collection. Slack said that nearly 40 percent of Bay State communities have undertaken this system and have seen trash reduced from 25 percent to 50 percent. 

“Why not encourage more recycling,” quired Slack, noting that Belmont’s rate has not budged from the current 22 percent of total recycling, compared to Arlington’s 30 percent.

But several residents spoke against PAYT, calling it a hidden tax on residents, many who approved a 1990 override that paid for the current system of unlimited curbside collection. 

“I’m suggesting this is an underhanded way of an override,” said former Selectman Stephen Rosales who said recycling rates could be increased with more education, rather than a regressive “tax.” 

At the end of the meeting, the selectmen suggested discussing in the next two years whether to implement the PAYT method with the automated system.

Girl Ruggers Feted by Town For Historic State Championship

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Photo: Girls Rugby state champions with the Board of Selectmen.

It’s been three months since a group of Belmont High “ruggers” captured the historic first-ever state-sanctioned girls rugby championship in the US on a warm late spring day in Beverly.

This week, the victory was hailed officially by the town as the Board of Selectmen issued a proclamation celebrating the victory at Monday’s board meeting, Sept. 18.

Belmont High School Girls’ Head Coach Kate McCabe and a good number of the players attended the reading of the declaration by Chair Jim Williams, received a nice round of applause and got their photos taken afterward. 

Belmont High School Girls’ Head Coach Kate McCabe and captain Sara Nelson speaking before the Belmont Board of Selectmen.

Facilities Director Boyle To Retire At Year’s End

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Photo: Gerald Boyle

Gerald Boyle, who was Belmont’s first-ever joint Facilities Director, announced his retirement at Monday’s Board of Selectmen’s meeting.

Boyle, who spent a 34-year career in municipal government, arrived in Belmont in September 2013 to head the town’s newly created joint facilities managers position, responsible for all municipal buildings including those under the control of the school department.

For decades, the town and the school department had separate managers which was a bone of contention for more than 20 years. A non-binding citizen’s article to consolidate the buildings and grounds into one department was approved at a Special Town Meeting in Nov. 2010.

Selectmen Back Library Trustees’ Move To Create Building Committee

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Photo: Library Trustees’ Chair Kathleen Keohane (left) speaking to the Belmont Selectmen

In a significant step on the future of the Belmont Public Library, the town’s Board of Selectmen agreed Monday night, Sept. 18, to add an article in the Special Town Meeting warrant in November to create a building committee to construct a new library.

In a 3-0 vote, the selectmen backed a decision by the Belmont Board of Library Trustees made earlier to move forward with the recommendations of a 2017 feasibility study calling for a structure placed on the library’s current site on Concord Avenue.

“It is the right time for the library,” Trustees’ Chair Kathleen Keohane told the Selectmen. She said the establishment of a building committee would allow the trustees to commission a schematic design of the new structure which will enable private fundraising to begin.

The library article will include both language creating the building committee and an amount to fund the schematic drawings. It will then be brought before Town Meeting which votes on whether to support the Trustees’ vision or reject it.

“We live in a representative form of government and I think it’s time for Town Meeting to weigh in on this issue,” said Selectmen Chair Jim Williams.

Keohane said the trustees would be seeking from the town half of the estimated $300,000 needed to draw up the schematic designs, with $150,000 donated by the Belmont Public Library Foundation.

“It is a town asset so it is important that the town shows its support and share the cost,” said Keohane.

The successful petition for a building committee article comes five months after the trustees agreed to withdraw its initial article they had prepared for May Town Meeting at the request of the Selectmen and the then recently formed Major Capital Projects Working Group.

The Working Group told the Trustees it required time to analyze the town’s major capital projects – High School, Library, DPW, Police Station and Incinerator Site – in order to define a sound plan for building, sequencing and possible financing. Keohane and Selectmen Adam Dash said for the delay, a promise was agreed to between the parties to reintroduce the building committee article before the Special Town Meeting in the fall.

Keohane and Selectmen Adam Dash said for the delay, a promise was agreed to between the parties to reintroduce the building committee article before the Special Town Meeting in the fall.

Dash said while the selectmen are supporting the article, “this is not a commitment to build [the library] or even create a building committee. This just means putting it on the docket for Town Meeting to have a say.”

“We told [Town Meeting] that this is for fundraising and it’s hard to say, ‘go out there and fundraise without the tools to do that’,” said Dash, who added that by having a building committee doesn’t mean the library will “jump the line” in front of the other projects.

While supportive of the building committee, Selectman Mark Paolillo – who is the selectmen’s representative on the Major Capital Projects group – said it didn’t make sense for the trustees to move forward on the library before the Working Group has presented its plan.

“How do Town Meeting members debate an article for a building committee when they haven’t yet heard a report from the Working Group?” quired Paolillo.

But both Williams and Dash said at the November Town Meeting, the Working Group will give its report, the Town Moderator will open the meeting for debate and then move on the building committee article.

Keohane interjected, telling the selectmen “there is a clear need for us to take action.”

“As an elected official and steward of the library … we need to move forward in a methodical, purposeful way to make changes to the library,” she said.

Selectmen Place Two On Planning Board Seen Supporting Status Quo

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Photo: The Board of Selectmen Monday.

A divided Belmont Board of Selectmen Monday added two members to the Planning Board seen as favorable to the board’s current leadership which was attacked by one selectman for exceeding its authority and fostering a ponderous permitting process. 

“You’ll be sorry,” charged Selectman Adam Dash as the board voted 2-1 to re-appoint sitting member Raffi Manjikian and while selecting Dalton Road’s Stephen Pinkerton to replace Joseph DeStefano on the five-member board at the Selectmen’s meeting held Monday night, Sept. 11.

Dash, who backed Edward “Sandy” Sanderson for the board, said the town had missed the opportunity to change the direction the Planning Board which has come under withering criticism from residents and the elected Board of Library Trustees for advocating in July a proposal to move the Belmont Public Library to Waverley Square as part of a public/private partnership to revitalize the once vibrant business hub.

Pinkerton is one of the leaders of Belmont Citizens for Responsible Zoning which led the successful campaign to restrict the building of oversized single-family dwellings in the Shaw Estate in 2015. 

Sanderson was a city planner for the City of Los Angeles and is currently an urban and transportation planner in the Boston office of a New York-based civil engineering firm.

“If you were posting this job and you got these applications … how do you not hire [Sanderson] for this job when he’s exactly perfectly qualified for this,” said Dash, adding that he would consider placing Pinkerton as an associate member “to get his feet wet” on the board.

Monday’s well-attended meeting, which set aside 15 minutes for several appointments on multiple boards, quickly became a surrogate of the ongoing dispute between the Planning Board and the Library Trustees, whose chair Kathleen Keohane and member Gail Mann attended the meeting. 

Liz Allison, Planning Board chair, was in the audience as was Manjikian with a few supporters backing her. Nearby sat Planning Board member Chuck Clark, who last week sharply denounced both Allison and Manjikian for formulating the proposal to move the library – dubbed the “Big Idea” – without informing the entire board.

Before the vote, Dash spoke at length criticising the Planning Board calling for it to take a new direction which would have begun with Sanderson elected to the board.

“I get a lot of emails from people complaining about roads and sidewalks, parking and all of those emails complaints added up don’t equal the number I get complaining about the Planning Board,” said Dash.

Dash said while keeping an open mind to the proposed library transfer when it was initially presented; Dash said his major concerned was Allison’s unwillingness to cede to overwhelming public sentiment and abandon the scheme. Rather, Dash said he could see the Planning Board presenting the “Big Idea” at a future Town Meeting even if the Library Trustees – who are elected by residents to represent the interests of the library – were opposed to it.

“I get concerned that in the face of the facts … that moving the library to Waverley Square is DOA, there’s a continued push, push, push for that,” he said.

With some major projects coming before the Planning Board shortly – a new High School, revamping general residence zoning and commercial development proposals – Dash said too much emphasis had been placed on projects that are beyond the jurisdiction of the Planning Board.

“It’s taking up a lot of time when there are a lot of things on the plate that gets kicked down the road,” he said.

Overly Bureaucratic 

Also, Dash related that many applicants who have appeared before the Planning Board had expressed their frustration at the deliberative and overly bureaucratic nature of the board’s process. Critics point to the 18 months approval process for the formerly named Cushing Village development and the recent Boston Day School site and design review in which the applicant was required to resubmit documents and undergo delays on seemingly trivial matters.

While he said some of the problems facing applicants arise from the zoning code, Dash said the level of micromanagement from the Planning Board is akin to “death by a thousand cuts.” 

“I feel bad about it because I served with [Planning Board members] and I like them. It’s not a personal thing. Just observing it and the way things are moving forward, [the Planning Board] is not working for the town,” said Dash.

“It just seems to me that it’s not going to change unless we make some changes and this is a place to start,” said Dash.

Asked by Selectmen Chair Jim Williams to speak on both Dash’s comments and who should be  Allison came to the defense of her committee noting that in the past four years all the substantial articles it presented to Town Meeting have been approved. “You can’t pass major bylaw changes … if you are that unpopular.”

The chair also said the issue that has produced “by far” the most correspondence to the Planning Board over the past three months had concerned the Day School proposal, leaving the impression the library is not registering with the greater community.

“Do we get complaints? Yes, because … it is one of the committees where you have to balance the equities,” said Allison. 

Allison told the board she was strongly in favor of reappointing Manjankian who has knowledge of environmental issues and is committed to civil and respectful processes while being able to tell people ‘no’ in respect of things people want to do.”

While not coming out in favor for the second selection, Allison did say Pinkerton had attended many planning board meeting as a zoning campaigner and would be as ready as anyone could be to step onto the board.

Clark reiterated his call for significant changes to the Planning Board. Rather than recall what he said a week earlier, Clark said it was time to “restore confidence in the Planning Board” which required a change in leadership. One avenue towards transforming the group would be not to reappoint Manjikian “because that would change the dynamics on the board and you’d have new leadership elected.”

“There is a lot of work that has to be done by the Planning Board, but we need to get past the problems of being distracted from the important issues,” said Clark, noting that the board has lost six months on moving forward on the future of Waverley Square and South Pleasant Street. 

Selectman Mark Paolillo said he would seek to change the current bylaw to expand the number of board members from five to seven to allow a greater diversity of views

“Every year we have some qualified individuals,” said Paolillo, hoping opening up the board to a higher number of residents will allow for greater diversity of thought.

But as Williams noted, an expanded planning board that would be constituted next year “doesn’t help us now.” 

In the end, Williams and Paolillo selected Manjikian and Pinkerton with the promise to have Sanderson on a short list of candidates to fill the next opening on the board. 

Selectmen Chair Williams Not Seeking Re-election (Caveats Included)

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Photo: Jim Williams

The question to Belmont Selectman Jim Williams was straight forward as was his answer.

Are you running for re-election?

“No, I am not,” said the chair of the selectman.

But, as Williams would tell the Belmontoian as he was walking home from attending the welcoming session for teachers and education staff at Belmont High School on a warm, Tuesday morning, Sept. 5, his answer has three parts. 

“The second sentence is everything is subject to change,” said Williams with a chuckle.

OK, so is the former Wall Street banker just hedging his bets? What gives? 

“But honestly, I don’t want to run. Guess how old I’ll be in June? I’ll be 72 years old. That means serving until I’m 75,” Williams said, adding the job puts limits on his travel and family plans.

“So what I’m saying is that I’m not running. I’m not forming a committee, not raising any money,” said Williams

But it was the third part of his announcement that turned out to be the most intriguing 

“It’ll also depend on who’s running,” said Williams. He would not name names of those who would run which would trigger his re-entry into the political fray. 

Williams said he felt that he’s accomplished much since winning a seat on the board in 2015 with a major upset of Andy Rojas, beating the incumbent by 500 votes while topping the 4,000 vote mark. The Indiana native and US Navy veteran point to the number of homeowners who have installed solar arrays with his promotion of alternative energy and the restructuring of the town’s pension funding structure which will save Belmont $15 million.

“I think those are significant changes to the town,” said Williams.

Planning Board Member Blasts ‘Big Idea’, Calls For Chair’s Resignation

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Photo: Pointed exchange; Charles Clark (left) calls for Chair Liz Allison’s resignation as Raffi Manjikian looks on.

In a fiery and personal rebuke, Planning Board member Chuck Clark called for the immediate removal of board’s chair, Liz Allison, for what he alleged has been the abuse of power in presenting a controversial proposal dubbed the “Big Idea” that would move the Belmont Public Library from Concord Avenue to Waverley Square as part of a public/private revitalization of the business center.

What was supposed to be a short recap by Allison of her observation of an Aug. 23 meeting of the Library Board of Library Trustees she attended quickly ignited where Clark made a series of Zola-esque accusations at the chair.

Raising his voice and pointing his finger at both Allison and fellow member Raffi Manjikian, Clark said the controversial proposal was being presented as a board plan when, in fact, it was the invention of the pair he charges of offering to the public a false narrative. 

“It’s not a ‘Big Idea.’ It’s a big lie,” said Clark, adding “I also think as a result [of] the actions that you’ve taken, you should resign as chair of the Planning Board and remove yourself from this process because I think you violated your responsibilities.” 

Clark’s declaration, which came as a surprise to everyone in the room – a quick poll of those in the room and via instant message by the Belmontonian found that no one could remember a similar outburst and call for a chair to vacate their position in Belmont in more than two decades – came shortly after he questioned Allison’s alleged overreach of the board’s mandate and jurisdiction in determining the library’s future.

“I didn’t think the Planning Board had any authority over the library. It has elected trustees. It’s their fiduciary responsibility to take care of the library. It’s not ours. It’s also not our place to post things and push something forward without thinking about it,” said Clark. 

After being accused of abuse of power and asked to resign, Allison matter-in-factly responded by noting that “[i]t does make it a little bit harder to move along to item 2b” on the agenda.

“Well, you can stay or go. It’s up to you,” Clark shot back. 

Just as it appeared that Clark and Allison would be continuing their tête-à-tête, Manjikian interjected by scolding his male colleague for infering that the bringing forward ideas such as public/private partnerships would lead to “your vigorous finger pointing is not the way to go.”

Clark then alleged Allison was “hijacking of the agenda” as an attempt not to discuss the issues at hand. 

“We’ll talk about this on the [Sept. 19],” said Clark. 

Clark would not speak after the meeting, only to say that he will continue to call for Allison to recuse herself as chair.

After completing work on the two scheduled agenda items, Allison circled back to the library, allowing Manjikian to say he hoped that future meeting could move from “affec-laden attacks” to “some point we can talk about the idea,” referring to the private/public development at the heart of the debate.

Allison said she would seek to make the Sept. 19 meeting “the most constructive discussion” on the proposal. 

Clark suggested that rather than focus on the “Big Idea” “we talk seriously about how do we begin to look at planning Waverley Square” noting there are a number of developments moving forward including a major commercial/residential project by developer (and former Planning Board member) Joseph DeStefano adjacent to the commuter rail bridge along Trapelo Road.

The Planning Board’s Karl Haglund said the small working group discussions – which produced the “Big Idea” – which have been popular for many government boards “have gotten off the rails.”

“I want to get back to where any two members of the Planning Board are meeting with anyone else that the full board be notified, so we are not surprised when a major proposal comes out,” he said.

Tuesday’s meeting was by far the most emotional associated with the suggested move of the library to Waverley Square since the so called “Big Idea” was first presented in July. Almost from the start, residents have questioned the Planning Board’s authority to submit this proposal. The opposition has been led by the Board of Library Trustees, the elected council that runs the library for the benefit of the town. 

At Tuesday’s night, Trustee Chair Kathleen Keohane made public a letter, dated Aug. 31, which requests the Planning Board to “dismiss” the Waverley Square proposal saying it “would not be in the Town’s or its citizen’s best interests.”

Keohane – who has led the charge against the proposal – reiterated points she made to the Planning Board and the public, that a suggested transfer of the library to Waverley Square (which Allison admitted comments her board has received on the move were running 90 to 10 in opposition) “is a distraction.” 

The Board of Library Trustees approved a new building after a feasibility study was completed on the present site.

“We prefer not to wait (until Sept. 19),” said Keohane. Despite favorable votes by Town Meeting and the Board of Selectmen endorsing the current site for a new library, Keohane said having a competing proposal as well as agreeing to present an article for the creation of a new library building committee to the fall Special Town Meeting rather than in May has been damaging future private fundraising critical to the construction of the new structure.

More Than Road At Stake As Day School To (Maybe) Hear Planning Board’s Verdict

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Photo: The Planning Board. 

In one way or another, the future of the Belmont Day School’s proposed development of a new gym/classroom structure and a roadway adjacent to the town’s active cemetery off of upper Concord Avenue reaches a critical crossroads at tonight’s meeting of the Belmont Planning Board to be held at the Beech Street Center at 7 p.m., Thursday, Aug. 31.

It will either be one which the private K-8 school will quickly move forward with a set of restrictions or remedies on the land and road, as it will attempt to have the new structure up and running a year from now.

Or due to a final minute legal roadblock thrown by a resident from across Concord Avenue, the school and town could begin a meandering retracing of what appeared to be agreements on contentious issues including the amount of landscaping along the road and the structure of the road itself.

Less than a month ago, it appeared the Planning Board – reduced to four members due to the recusal of Chair Liz Allison (she is an abutter to the school) and the resignation of Joseph DiStefano – was ready to end the four-month long design and site plan review as interim chair Barbara Fiacco announced that the board would “wrap up” its oversight by Aug. 14.

While the 25,000 sq.-ft. Multi-Use structure – dubbed the Barn – was relatively free of controversy, the same could not be said for the roadway which would allow the school a second avenue of access to and from Concord Avenue. Several residents making up two community groups opposed the road as introducing both traffic and safety problems to an already congested main thoroughfare. 

The school contends the new road would provide ease of entry and exit from the school which currently has just one street, Day School Lane, to access the campus.

In addition, the town’s Board of Cemetery Trustees and several people who own burial plots in Belmont’s Highland Meadow Cemetery contend the roadway will create a myriad of problems to the graveyard, including possible ground water and disturbance of the pastoral environs of peoples final resting places. The school believes that adequate landscaping will resolve the issue. 

But a final decision was rendered moot as the Board was the recipient of a local legal action by Concord Avenue resident Tim Duncan who contends in an Aug. 11 complaint he filed with the Belmont Town Clerk. He states the Planning Board violated the state’s Open Meeting Law by holding what was described as “working groups” with the Day School to resolve technical issues facing the project usually conducted between one person from either side. He contends the agreements hammered out in this setting were not legal as they were done behind closed doors, without adequate notice and without minutes of the meetings kept.

He contends the agreements hammered out in this setting were not legal as they were done behind closed doors, without adequate notice and without minutes of the meetings kept.

Tonight’s meeting will begin with the Planning Board – through the legal opinion of Town Counsel George Hall – answering Duncan’s complaint. If it continues to proceed with the meeting, the Planning Board will vote on any restrictions it believes is warranted to mitigate the creation of the road and building. Duncan has said if he doesn’t think the board or town is willing to answer the Open Meeting Law question, he will file a complaint with the state Attorney General.

But according to some who have reviewed the case, the Planning Board could delay a final resolution on the road and building to “redo” the working group sessions in a formal open meeting session. This would create a further pushing back of final order from the board and delay the building of the Barn and road possibly until the spring. 

Planning Board Accused of Violating Open Meeting Law In Day School Case

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Photo: Members of the Belmont Planning Board in June.

The town of Belmont has received a formal complaint from a resident who alleges the town’s Planning Board violated the state’s Open Meeting Law during the design and site plan review of a new building and roadway proposed by the Belmont Day School.

Tim Duncan, who lives across Concord Avenue from a proposed road leading into the private school, filed the complaint with the Town’s Clerk alleging the Board employed small “working groups” to supersede critical discussion that he believed should have been held during the public hearing process.

“[W]e need to make sure the rights of citizens to open, fair and transparent government are protected and respected,” said Duncan, an attorney who filed the complaint on Friday, Aug. 11, three days before what was expected to be the Aug. 14 meeting which the Planning Board was prepared to make its final ruling on the Day School’s proposal.

“The Planning Board’s actions were intentional,” he stated in his complaint to the state, saying residents and groups “with separate and equal interests” were “completely excluded” from participating in the three working groups between the Planning Board and the Day School. 

While he has taken his complaint to the town, Duncan is threatening to file with the Massachusetts Attorney General if the Planning Board does not “do the right thing and go back as necessary to address the problems and issues created by the working group meetings.”

If the Planning Board decides without having “properly” addressed the issues, Duncan will ask the state to annul the board’s decision as provided by the Open Meeting Laws.” 

The result: “That would likely mean that the entire site plan review process begin anew if the school still wanted to pursue its plan. It would also likely leave the parties in limbo until the Attorney General’s office makes its decision –  which could take some time,” he said.

The board has 14 business days to respond to the substance of the complaint.

In April, the private K-8 school brought to the town plans to build a 25,000 sq.-ft. Gymnasium and classroom space dubbed “The Barn” and a driveway/road running from Concord Avenue to the school, traveling adjacent to the town’s Highland Meadow Cemetery.

“It’s every bit as essential on the local level as it is in Washington and no person or organization should be able [to] maneuver or dance around the rules,” said Duncan, who has lived at 699 Concord Ave. for the past seven years.

Decision on Aug. 31

The Aug. 14  Planning Board continued the meeting to Thursday, Aug. 31 at 7 p.m. at the Beech Street Center.

“I felt it was prudent under consultation with [Town Counsel] George Hall and [Senior Town Planner] Jeffrey [Wheeler] to continue the substantive Belmont Day School meeting until we address the open meeting complaint,” said acting Planning Board Chair Barbara Fiacco at an abbreviated meeting Monday at the Beech Street Center.

Fiacco said the board would respond to the claim at the beginning of the Aug. 31 meeting before moving to the public meeting.

The complaint comes as the Planning Board was wrapping up its four-month long review of the project which many abutters and neighbors are highly critical, focusing their objection on the roadway which will create a second entry to the school. Complaints include safety concerns and gridlock worries caused by the one-way driveway, while supporters and those who own burial plots in the cemetery 

A staple of many governmental boards and committees in Belmont, a working group is a small appointed ad hoc group made up of a representative of the town body and the applicant to study a particular question. In most cases, the issue is quite specific; working groups in the Day School application focused on the landscape between the roadway and the cemetery and the construction and upkeep of the road. Once completed, the issue is brought back before the entire board for discussion.

Work Group: Efficient or In The Dark

In past conversations, representatives from town governing boards told the Belmontonian working groups allows subject-matter experts to “get into the weeds” on issues. In the landscaping working group, the board’s Karl Haglund who has a masters degree in landscape architecture from the Harvard Graduate School of Design met with the Day School’s landscape designer to discuss in detail what is needed to create a natural barrier that would satisfy the demands of the board.

While the working group allows for an efficient resolution to sometimes small issues between the two parties, the question of openness has been brought up in the past. In most cases, the working group is made up of only one or two governmental officials, which is less than a quorum which is the minimum number of members that must be present at any of meeting to make the proceedings of that meeting valid.

Also, while working groups are open to the public, many are not included in the public meeting calendar.

In Duncan’s view, the working groups created to discuss Day School issues violated the state’s Open Meeting Law (MGL 30A) because there were no public notice or any official minutes and, Duncan alleges, “the group meetings were not open to the public except for specific individuals who were invited … by the Applicant.”

“What I found most disturbing and problematic about the use of the working groups was that the time and locations of the meetings were not disclosed, and the public and other town officials were forbidden to attend these meetings, while Belmont Day School was apparently welcome to secretly  invite whomever they pleased,” he wrote to the Belmontonian.

In his complaint, Duncan said the closed nature of the proceedings allowed the board member in the working groups to “strongly influence the [Planning Board] in its thinking and direction” which defeats the idea of the group making the decision.

Also, Duncan also notes that quorum requirements were not met in any of the working group deliberations. He pointed to the AG’s Open Meeting Law Guide which he alleges views all working groups as “a separate Public Body” that must adhere to state law which requires open meetings and quorums. 

‘There are a very small number of very limited exceptions to the requirement that all meetings be open to the public and procedures that must be followed before a public body can close the door on citizens and I don’t see any indication that these were met or even considered,” said Duncan.

In Duncan’s view, the Day School proposal which impacts not only neighbors and abutters but also a town asset, the new cemetery, “[t]he Planning Board can’t and doesn’t have the resources to perform their designated role while also advocating and negotiating on behalf of the town on these matters.”

“It’s essential that the town designate other officials to work with town counsel and negotiate the matters separately with Belmont Day School, provide information to the Planning Board to inform the board’s decisions and take action as necessary to protect the town’s and residents’ interests,” he said.