No Deal as Selectmen Await Financing Proof From Cushing Village Developer

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Photo: An earlier version of the building that will be built at the community 

Not yet.

Despite taking out demolition permits and hiring a Needham-based firm to take down the abandoned buildings, the developer of the proposed Cushing Village multi-use complex still doesn’t hold the deed for the commuter parking lot at Williston and Trapelo roads of the $80 million project as the Belmont Board of Selectmen has yet to see a finalized financial package they can be comfortable.

“The Board is not prepared to vote on the sale of the parking lot at this time,” said Belmont Town Administrator David Kale told the Belmontonian, after the Selectmen met with Town Counsel George Hall for nearly an hour in executive session. 

Currently, a partnership of original developer Chris Starr and Urban Spaces of Cambridge are attempting to put together a financing package for the development which will bring 115 units, 38,000 sq.-ft. retail space and 235 parking spaces to three parcels at the corner of Common Street and Trapelo Road in the heart of Cushing Village. 

The price tag for the parking lot adjacent Starbucks – set six years ago when the parcel went out to bid  – is $850,000; along with fees and permits, the final price is closer to $1.3 million.

While unable to go into detail on a possible agreement, the leader of the Selectmen said any sale will coincide with a financial package.

“We are going to proceed with the closing of the parking with financing in place. That’s the only prudent way we can move forward,” said Selectmen Chair Sami Baghdady, after the meeting.

Baghdady said in addition to the financing package, there is a land development agreement in which the development team must follow to the letter the 26-page special permit. Starr will also convey to town use 50 parking spaces in the underground parking garage and the creation of a parking management agreement as part of the purchase-and-sale agreement. 

“What I have been told is that those documents are not in final form,” said Baghdady. 

While the development partners have yet to have its financial “Ps and Qs” together, it has moved forward by paying for and pulling a demolition permit, hired a firm and has agreed to ground rules on behavior at the site while deconstruction is underway. 

But Kale said the taking of a permit does not indicate the development team will soon possess a building permit.

“The take out these permits at their own risk,” said Kale.

Due to a “lack of information” during the two years since the special permit was issued on July 29, 2013, the town’s Community Development Office has created a page on its website that will be the library for permits and documents related to demolition and construction. 

“As we reach these milestones, we will post all the supporting information that was required that allowed us to give us the approvals for those particular items,” said Glenn Clancy, the Community Development director. 

Belmont Health Issues Warning on Mosquitos as West Nile Virus Detected

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Photo: What to watch out for.

It’s nearing mid-summer and with the recent rainstorms that passed through the region, it’s certain that in time at all, outdoor activities will be impacted by an influx of mosquitoes. The Belmont Department of Health has issued this press release to warn residents of the danger the insect can inflict on people:

The Massachusetts Department of Public Health announced [Thursday, July 24] that West Nile virus has been detected in mosquito samples collected from Waltham, Brookline, Reading and Richmond. 

WNV is most commonly transmitted to humans by the bite of a mosquito infected with the virus. While WNV can infect people of all ages, people over the age of 50 are at higher risk for severe infection.

As always, there are a few precautions people can do to help to protect themselves and their families:

  • Avoid outdoor activities between dusk and dawn, if possible, as this is the time of greatest mosquito activity.
  • If you must be outside during that time, wear long-sleeved shirts and long pants. If you choose to apply a chemical based repellant containing DEET, follow the manufacturer’s directions carefully.  Parents should NEVER use DEET on infants; use a 10 percent or less DEET concentration on children and 30 to 35 percent or less on adults.
  • Make sure as much skin as possible is covered when children are outdoors and cover baby carriages with netting.
  • Fix all holes in screens and make sure doors and screens fit tightly.

To reduce the mosquito population around your home, eliminate all standing water that is available for mosquito breeding and follow these simple guidelines:

  • Dispose of, or regularly empty, any metal cans, plastic containers, ceramic pots and other water holding containers.
  • Pay special attention to discarded tires that may have collected on your property. Tires are a common place for mosquitoes to breed. For that reason, it is a violation of the Nuisance Regulations to leave tires stored outdoors.
  • Clean clogged roof gutters; remove leaves and debris that would prevent good drainage. This may be the single biggest source of mosquitoes in any neighborhood.
  • Turn over plastic wading pools and wheelbarrows when not in use.
  • Swimming pools should be kept properly filtered and chlorinated. They should never be allowed to remain stagnant. Mosquito “dunks” can be purchased at many hardware stores to treat pool water if you must leave your pool unattended for keep the pool cover on for a significant period of time.
  • Use landscaping to eliminate areas of standing water on your property. Reducing insect harborage is one of the goals of the Health Department’s nuisance regulations, which ask that residents remove piles of rubbish, debris, yard waste, etc. from their yards.

            If you have any questions, please call the Health Department at 617 993-2720   

Two Years Late: Cushing Village Taking First Step Towards Construction

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Photo: The municipal parking lot up for sale in Cushing Square is adjacent Starbucks.

Exactly two years to the day after the town’s Planning Board approved a special permit granting him permission to begin construction, the developer of the troubled Cushing Village complex will be before town officials early next week seeking to purchase a critical piece of town-owned property so he can finally begin construction on the long-stalled project. 

The Belmont Board of Selectmen’s Monday, July 27 meeting agenda calls on the board to initially meet in executive session before proceeding to vote whether or not to sell the municipal parking lot at Williston and Trapelo roads to a newly-formed partnership consisting of original developer, Smith Legacy Partners, and its new business associate, Cambridge-based Urban Spaces.

The price tag for the parking lot adjacent Starbucks – set two years ago – is $850,000; along with fees and permits, the final price is closer to $1.3 million. The property will house the first of three buildings making up the 186,000 square-foot retail/housing/parking development in the heart of Cushing Square.

The vote to sell the property marks the two year anniversary when Smith Legacy’s Chris Starr was granted the 25-page special permit from the Planning Board at the culmination of an 18-month design review phase on the project made up of 115 residential units, 38,000 sq.-ft. of retail space and 235 parking spaces. 

At the time, Starr proclaimed an accelerated project schedule. Starr told media outlets construction on the first building – located on the parking lot – would be open for retail businesses and resident housing by the late fall/early winter of 2014. The entire project would be completed by mid-summer 2016, said Starr.

But it soon became apparent Starr was unable to find a financial source willing to back him due to his lack of experience building large-scaled projects. In March 2014, Starr struck a deal with the town to extend the closing on the parking lot by a month for a $20,000 fee. The fee increased to $30,000 a month after a year.

By Sept, 2014, Starr hired a Boston realty firm, Boston Realty Advisors, to unearth a partner or sell his stake in the development. The campaign went international with large ads on a leading Asian real estate website.

In the end, a young development firm, Urban Spaces, joined with Starr. It remains unclear the partnership arrangement between the two, including whether there is a majority stakeholder or arrangements for future management of Cushing Village. 

And it does not appear the partnership has been damaged with the arrest of Urban Spaces’ CEO and founder, Paul Ognibene, who was arraigned last week on one count of sexual conduct for fee after he was arrested by Cambridge Police in a sex sting.

Impact on Cushing Village Unclear After Financial Partner’s Arrest

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Photo: Paul Ognibene (right, obscured) (courtesy WCVB-TV).

Cushing Village has possibly suffered another setback with the arrest Tuesday of the Cambridge developer seen as the financial “White Knight” who in April appeared to rescue the 167,000 square-foot multi-use project floundering for nearly two years after it was approved by the town in July 2013. 

Paul Ognibene, 43, of Cohasset was arraigned in Cambridge District Court on Friday, July 17, on one count of sexual conduct for fee after he was arrested by Cambridge Police in a sex sting that took place in the food court of the CambridgeSide Galleria mall.

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Cushing Village development partner Paul Ognibene, 43, of Cohasset, during his arraignment in Cambridge District Court on Friday, July 17, 2015. (courtesy WCVB-TV)

Cambridge Police allege Ognibene, the owner and principal of Cambridge-based Urban Spaces, placed a job description on Craigslist job soliciting an office assistant that an investigation by the police’s special investigation unit determined to be a “false job which is actually soliciting girls for sex.”

Ognibene, who resigned as chair of the Cohasset School Committee on Friday as a result of this arrest, pled not guilty and was released on personal recognizance. His attorney released a statement saying Ognibene “was sorry” for what had occurred.

See a chronicle of Ognibene’s arrest here, here, here and here. 

It is unknown at this time if Ognibene’s arrest could impact any financial arrangements he has made with lenders concerning Cushing Village. It is not unusual for business agreements to be altered or pulled due to adverse publicity. This month, Macy’s parent company ended its business partnership with New York developer Donald Trump after the Republican presidential candidate made sweeping allegations concerning Mexicans who entered the US illegally across the US/Mexican border.

On April 27, Cushing Village’s developer Smith Legacy Partners said Urban Spaces had become its “development partner” in constructing the three-building complex comprising 115 apartments, approximately 36,000 square feet of retail/commercial space and a garage complex with 230 parking spaces. 

Urban Spaces’ “development expertise will help to ensure that the vision we have for the Cushing Village project becomes a reality,” said Chris Starr, the managing partner of Smith Legacy Partners which is located in Acton.

The press release noted that Urban Spaces “acquires, develops and manages high-end residential properties in close proximity to urban centers.”

The April announcement appeared to be a turning point for the troubled development which been paying the town $20,000 a month since March 2014 in a series of  30-day extensions for the closing date of the purchase and sale agreement for the municipal parking lot. The development’s financial issues have been well chronicled from missing repeated ground breaking dates to hiring a high-powered real estate firm to find an equity partner.

An email to Starr’s PR representative has not been answered.

Rabies in Pair of Animals Has Health Department Issue Warning

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Photo: Fox.

The Belmont Health Department has issued a warning to residents of an outbreak of rabies after a second non-domesticated animal tested positive for the illness in the past month.

A fox captured by Belmont Animal Control Officer John Maguranis on Monday, July 13 and a skunk on June 21 were infected by the very serious viral disease found in animals that can spread from an infected animal to a person.

Rabies is disperse through the saliva of an animal and can be transmitted from a bite, or when the animal’s saliva comes in contact with a person’s mouth, eyes or an open sore, according to the Health Department. 

The department and Belmont Police Department are urging residents to protect their families and pets by taking the following steps: 

  • Make sure your dogs and cats (including inside only cats), are up to date on their rabies vaccinations. 
  • Keep your children, loved ones, and pets from approaching, touching, or feeding wild or stray animals. 
  • Garbage should be contained in garbage cans that are closed and secured to avoid attracting wildlife. 
  • Do not feed or water your pets outdoors. Empty bowls will attract wild and stray animals. 
  • Do not let your cats and dogs roam freely. 
  • Keep your chimney capped and repair holes in attics, cellars, garages and porches to help keep wild animals like bats and raccoons out of your home. 
  • Report any animal that behaves oddly, looks sick, injured or orphaned to the Animal Control Officer or the Health Department at: Belmont Animal Control 617-993-2724. Belmont Health Department 617-993-2720. 
  • If the Animal Control Officer or Heath Department cannot be reached, notify the Belmont Police at 617-484-1212. 

If a bite or other significant exposure to rabies does occur, quick action can prevent progression to rabies disease.

• If a person has been bitten or scratched by an unfamiliar animal or an animal suspected of having rabies, immediately wash the wound thoroughly with soap and water and then seek medical attention. If you find a bite or wound on your dog or cat that cannot be explained, take your animal to a veterinarian. 

Belmont Selectmen OK Special Town Meeting Date

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Photo: Belmont Center reconstruction underway.

It’s official: the Belmont Board of Selectmen approved a Special Town Meeting for Thursday, Aug. 6, location to be determined (although strong hints have been dropped that it will likely be held in the air conditioned comfort of the Chenery Middle School.)

The votes, held at an early morning meeting at Town Hall on Thursday, July 16, was a foregone conclusion as the petitioners submitted more than 200 certified signatures from registered voters.

“We had no choice but to certify the warrant,” said Mark Paolillo, who along with Chair Sami Baghdady, voted to open and close the warrant, and to approve the language of the motion.

(Selectman Jim Williams is currently on vacation and could not cast a vote).

“It’s unfortunate that we as a community should be celebrating the revitalization of Belmont Center … it just seems that this is now an issue that has divided our town,” said Paolillo. 

The article calls for the selectmen to reverse its vote on May 28 approving significant changes to the design of the Belmont Center Reconstruction Project, the $2.8 million plan to improve traffic flow and upgrade the town’s main business district.

While construction on the site had begun, the Selectmen voted unanimously to approve changes submitted in a separate citizen’s petition by Lydia Ogilby of Washington Street who called for trees to be protected (they had been removed weeks before) and to restore parking and a cut through from Concord Avenue from Moore Street adjacent to the Belmont Savings Bank. 

The petitioners who called the Special Town Meeting said the Selectmen’s overstep its authority since the town’s legislative body approved a financial plan for the project at another Special Town Meeting last November with the original design blueprint – which included removing angled parking and the bypass which creating a larger town “Green” at the location. 

According to Town Clerk Ellen Cushman, under the town’s bylaws, amendments to the motion can be submitted to her office at least three business days before the Special meeting, which will be Monday, Aug. 3, at 4 p.m. 

A quorum of 101 Town Meeting members will need to show up for the up or down majority vote to take place. The vote is non-binding as Town Counsel George Hall considers the motion as “instructional,” in which Town Meeting is giving their opinion to the Selectmen, said Cushman.   

While voting to approve the meeting, Paolillo said “it is really unfortunate that [a Special Town Meeting] is taking place. It’s just a waste of money” – the Aug. 6 gathering will cost the town $5,000 – and it was a shame that a compromise plan could not have been agreed to by all sides of the issue.

But Baghdady noted that the May 28 vote itself was a compromise in which the board voted to approve design changes to assist elderly residents and ease traffic congestion.

“How do you compromise a compromise?” said Baghdady. 

Paolillo said the one point that bothers him is the process question, “but as far as changing the plan, I’m not accommodating that.” 

Baghdady said notice of the May 28 meeting was sent to Town Meeting members and the public via social media and email. 

“What more process could we have done?” he said.

Next week, the board will discuss and then vote whether to seek “favorable action” on the article.

Zoning Board Denies Special Permit for New Pizzeria on the ‘Hill’

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Photo: George Rozopoulos before the Zoning Board of Appeals.

Wilmington businessman George Rozopoulos could only shake his head minutes after the Belmont Zoning Board of Appeals voted 3-1 to deny the applicant of three Rizzo’s Roast Beef & Pizza outlets the opportunity to open his fourth on Belmont Hill.

“Very disappointed,” he told the Belmontonian after the meeting held in the uncomfortable confines of the un-air conditioned Belmont Gallery of Art in the Homer Building at the Board’s meeting on Monday, July 13,

Despite being “grandfathered” in the town’s zoning book as a commercial site, a majority of the board followed the lead of several nearby homeowners who spoke on a laundry list of concerns the 18-seat restaurant would present to the residential nature of the neighborhood.

“If this were a convenience store … I would have no problem because it would be grandfather … but restaurants bring new issues” on the area, said ZBA Chair Eric Smith.

Rozopoulos can appeal the decision in court or wait a year before resubmitting an application.

The building at 92 Park Ave. – the location until the early 1990s of Sage’s Market and two recently unsuccessful retail operations, Belmont Market and Olive Deli – is located adjacent to the intersection of the access road off of and on to Route 2 a stone’s throw from Arlington. It shares the lot with Fresh Start Contracting.

The town designated nine parking spaces on either side of Park Avenue to the site.

Many of the residents concerns were based on their personal observations that the pizzeria would create parking issues in the surrounding residential neighborhoods and along Park, which experiences morning and evening congestion.

“Do nine spaces exist? I would say ‘yes’ but on a practical basis, I’d say no,” said Janet Coleman of Knox Street, one of the leaders opposing the pizzeria. “It’s not a place for a restaurant,” she added.

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Stating that he “nothing against the restaurant,” Rutledge Road’s Fred Haggerty commented that current traffic is backed up into Belmont Center during the afternoon rush hours, “so there is no good access to parking,” made only worse since there was no plan for employee parking at the site. The result will be cars lining the nearby residential roads.

Other concerns included rats and mice seeking to feast on meat in the trash, wild animals, the smell of grease and having an “entertainment” center that would include customers watching baseball games on televisions in the restaurant.

Referring to Rozopoulos’ statement to the town he hoped the “location would be cool” place for kids and parents could come and enjoy a meal, “you may want to make this a hip place but not on Belmont Hill,” said Knox Street’s Jean Harrington.

After the vote, Rozopoulos said he felt the residents had misdirected their ire onto him rather than the true culprit.

“[Parking and traffic] has nothing to do with me. It’s there now, it was there before, and it will continue to be there,” said Rozopoulos. “I felt [those in opposition] concentrated more on existing parking issues and that’s a town responsibility. It didn’t have anything to do with the restaurant.”

“Any type of business that goes there is going to be traffic there is nothing you can do,”
said Lisa Haslam of Keller Williams Realty, the location’s real estate agent.

“More and more people are coming with convenience stores, but they always fail. We’ve had a very difficult time to find someone who is well established, who can come in and know what they are doing. [Rozopoulos] has shown he knows how to run a business,” Haslam told the Belmontonian.

“This is another business not coming to Belmont,” she said.

 

Let’s Eat: Trio of Eateries before Zoning Board of Appeals

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Photo: The location where a businessman hopes to open a pizzeria on Park Avenue. 

Three restaurants will come seeking special permits before the Zoning Board of Appeals on Monday, July 13, and while two – near neighbors on Trapelo Road – appear to face perfunctory review for approval, one already has neighbors opposing its location at the intersection of Belmont Hill and Route 2. 

The ZBA meeting is taking place at 7 p.m. in the Homer Building.

George Rozopoulos, a well-known Wilmington pizzeria owner who comes from the family which established the Pizza Lover’s chain on the North Shore, is seeking to lease the former Belmont Market at 92 Park Ave. adjacent the overpass and the access road onto Route 2 and bordering Arlington, and open Rizzo’s Roast Beef & Pizza.

“Belmont is a beautiful town,” said Rozopoulos in his statement of interest, a place where “parents can walk … and kids ride bikes to grab a bite.”

“This location will be cool and hip inside and the walls will be covered with memorabilia,” said Rozopoulos, which recently was the home of Olive Market and Deli. 

Rozopoulos will serve essentially the same menu as he does at this Wilmington, Peabody and Salem locations, such as pizzas, calzones, hot and cold sandwiches, rice bowls and subs. 

The shop will have 18 seats, using the existing nine parking spaces in the area. Rozopoulos hopes to have up to 20 outdoor seasonal seating.

Yet some neighbors are rather bothered that a pizza place will be located at the edge of the residential neighborhoods. Two couples have objected to the special permit request, citing traffic – Park Avenue is rather congested for about an hour in the morning and evening rush – parking and health concerns as there is reportedly past encounters with “mice and rats” from the past businesses.

• • •

Adjacent to the newly-opened Studio Cinema, a Foxboro-based soup restaurant is seeking to occupy the former home of Cafe Burrito.

As reported in the Belmontonian this spring, owner Jose Rios wants to bring his concept of 8 to 12 daily soups as he does at his shop Spoodles Soup Factory at 374 Trapelo Rd. The restaurant, open Monday to Saturday, 10 a.m. to 8 p.m., will serve fresh salads, wraps and sandwiches along with a variety of soups from the staples such as chicken noodle to the adventurous chipotle sweat potato or chicken enchilada. 

The 768 square-foot location will have 13 seats and employ five workers.

• • •

Number One Taste, the Chinese take-out at 382 Trapelo Rd., will be changing owners with Jack Sy seeking to take over the business from the current owners. He will keep the same menu and name as well as same hours; 11 a.m. to 11 p.m., Sunday to Thursday; and open until midnight on Friday and Saturday. 

“This will be a family business. We want to have this business because cooking is a passion and we take pride in what we serve,” said the resident from Boston’s South End.

Special Town Meeting Set for Thursday, August 6

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Photo: Belmont Center under construction. 

The Special Town Meeting called by residents seeking to reverse last-minute changes to the $2.8 million Belmont Center Reconstruction Project will take place on Thursday, Aug. 6, according to a notice released on Monday, July 13.

On Thursday, July 16 at 8 a.m., the Belmont Board of Selectmen will meet at Town Hall to vote to open and close the warrant before voting on the date. 

Still up in the air is the meeting’s location. Town Meetings are held in the auditoriums of either Belmont High School or the Chenery Middle School. Last week, Town Clerk Ellen Cushman said she would seek to hold the assembly at the Chenery as it has air conditioning.

Town Meeting’s traditional start time is 7 p.m.

The Special Town Meeting was called after a group of residents presented a citizen’s petition calling for the return of the project’s original design which included a prominent Town “Green” and removal of the cut through between Moore Street and Concord Avenue after the Selectmen voted on May 28 to keep the bypath and locate four parallel parking spot in front of the Belmont Savings Bank.  

The Selectmen will take the non-binding vote “under advisement” and decide at a public meeting whether to follow Town Meeting’s “instruction” or set it aside.

Town Clerk Declares Summer Special Town Meeting ‘Will Be Held’

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Photo: Ellen Cushman, Belmont Town Clerk. 

Belmont will have a summer Special Town Meeting before the third week in August after Town Clerk Ellen Cushman certified a citizen’s petition submitted by residents who seek to reverse a last-minute change to the $2.8 million Belmont Center Reconstruction Project.

“The train is on the tracks,” said Cushman, referring to the process the town will undertake to schedule the meeting during the middle of summer. 

The meeting will cost taxpayers approximately $5,000 to hire a court reporter, have materials ready and to pay overtime for town employees.  

Cushman said her office certified 284 of the 302 signatures submitted Wednesday, July 8, by residents seeking a non-binding vote by the 300 members of the town’s legislative branch.

The latest the Special Town Meeting can take place was 45 days from Wednesday, on Aug. 21.

It is now up to the Board of Selectmen – the group which prompted the special meeting after approving major changes to the project’s design at a May 28 public meeting which resulted in a counter petition and later a near free-for-all at a subsequent Selectmen’s meeting – to pick a meeting date and sign the warrant. The board will also vote on whether to recommend or reject the article. 

The meeting will be held 14 days or longer once the warrant is signed.

The article’s language Town Meeting will be voting on is the same used on the petition delivered to the town. (see below) Amendments to the article can be submitted up to three days before the meeting. A quorum of 100 members will be needed to call the meeting.

Cushman said the vote – which seeks to return the project to its original design with a prominent Town “Green” and removal of the cut through between Moore Street and Concord Avenue – is, in fact, non-binding. The Selectmen will take the vote “under advisement” and decide at a public meeting whether to follow Town Meeting’s “instruction” or set it aside. 

If there were any thoughts from either camp withdrawing from the anticipated fight on the floor of either the Chenery Middle or Belmont High schools auditorium, the time to do so was before the petition arrived at Town Hall Wednesday.

“This Special Town Meeting will be held,” Cushman told the Belmontonian. 

The petition reads: 

We, the undersigned registered voters of the Town of Belmont, Massachusetts, request that the Board of Selectmen of the Town of Belmont place an article on the Warrant for a Special Town Meeting to read:

“In proceeding with the Belmont Center restoration project, as approved and funded by Town Meeting on November 17, 2014, shall the Board of Selectmen and other Town officials be directed to adhere to the plan represented in the Belmont Center Improvements design documents put out to bid by the Town in January 2015, said documents based on the conceptual plan presented to Town Meeting in the November 2014 Special Town Meeting. These documents shall be used in place of the Board of Selectmen’s revised Belmont Center restoration conceptual plan, adopted unilaterally at a meeting held on May 28, 2015.”