Town To Peer Review Toll Bros. Plan To Clean Cushing Village Land

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Revised on Tuesday, Jan. 24 to update status of RAM material.

Photo: A public meeting Tuesday will discuss how the land of the future Cushing Village be cleaned to allow construction to begin.

The Belmont Board of Selectmen voted Monday, Jan. 24, to hire an environmental firm to peer review the state-approved plan developer Toll Brothers will use to clean the contaminated property where the 167,000 sq.-ft. Cushing Village project will be built.

The remediation plan along with an initial schedule for the project will be presented at a public meeting scheduled for tonight, Tuesday, Jan. 24, at the Beech Street Center. The meeting will start at 6:30 p.m.

The meeting will start at 6:30 p.m.

Selectmen Chair Mark Paolillo said he and some residents felt it would be prudent for the town to have an independent licensed site professional (LSP) conduct “a town-sponsored review” of the developer’s Release Abatement Measure (RAM) Plan. The plan details the environmental contaminates in the property located in the heart of Cushing Square and how the firm’s contractors will remediate the land, so it is safe to build the three building development. 

An LSP oversees the assessment and cleanup of contamination property. More information on what an LSP does can be found at the LSP Association website.

The plan details the environmental contaminates in the property located in the heart of Cushing Square and how the firm’s contractors will remediate the land, so it is safe to build the three building development. 

Besides retail stores, a supermarket and a municipal parking lot, the property also was one home to dry cleaners.

The draft Cushing Village RAM will be sent to the Massachusetts Department of Environmental Protection by Toll Brothers’ LSP after the 20-day comment period. It would then take a week for the state to approve the RAM.

“I’d like [Belmont’s LSP] to look at the RAM” that will occur during a state-mandated 20-day comment period that starts when the plan is presented to residents and business owners Tuesday night, said Paolillo.

While the state prohibits additional language or requirements from being added to the abatement plan, Toll Brothers “have expressed to [the town] it wants to be collaborative” and would seriously consider concerns from the town’s professional, said David Kale. Belmont town administrator. 

“The RAM is what the RAM is,” said Paolillo, “we just want to provide our comments.”

Town Election 2017: Dash Enters Selectmen’s Race, Shuster Pulls Papers for School Committee

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Photo: Adam Dash delivering nomination papers to the Town Clerk’s Office.

Early Monday morning, Jan. 23, saw the usual hustle and bustle at the Town Clerk’s Office in Belmont: the Town Clerk was upstairs at Town Hall officiating at a wedding, the staff were staying busy in coats and sweaters as the building’s new boiler was on the fritz for the third time in a month, and numerous town officials were stopping by to ask questions.

In among the beehive of activity, Belmont voters were rewarded with a competitive race for the Board of Selectmen. Adam Dash presented Town Clerk Ellen Cushman – back in the office with newlyweds in tow – with 154 signatures from resident registered voters, all but assuring the Goden Street resident will be on the April 4 ballot with Woodfall Road’s Guy Carbone to battle it out for the single Selectmen’s seat up for grabs this year.

“It was fun knocking on doors and speaking to the residents,” said Dash, a longtime resident and an attorney with a practice in Somerville. Dash will officially launch his campaign on Saturday, Jan. 28, 3 p.m. at Patou Thai restaurant in Belmont Center.

Who hasn’t taken out nominations papers? It is the incumbent for Selectman, Sami Baghdady. Baghdady has been steadfast in not being pressured to say one way or another if he will seek a second  three-year term.

Who has taken out papers is Elyse Shuster, one of two incumbents – the other is Thomas Caputo – currently on the board. It’s not known if Shuster – who has been reluctant to make a public announcement on a return to the committee – will be seeking to challenge Caputo for a full three-year term or run for the two years remaining on her seat.

As for Dash, he finally got to meet his very experienced challenger as Carbone “crashed” the dropping off event – actually, he just came to do some research. A handshake, and then another for the cameras. 

“We get to meet. Wonderful,” said Carbone to Dash.

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Selectmen OK Loading Dock Alcohol License With Conditions

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Selectman To Solicit No Transfer Vow As Loading Dock Seeks New Alcohol License

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Photo: At the initial meeting on the transfer of a full alcohol license with Selectmen Williams (left) and Paolillo.

The Loading Dock‘s owner Faud Mukarker will be before the Belmont Board of Selectman on Monday seeking a second town-issued alcohol license for his Brighton Street establishment, coming less than four months after his controversial transfer of his town-issued retail all-alcohol liquor license for a $400,000 “compensation fee” to the regional supermarket chain Star Market.

And when the Belmont businessman makes his request before the board at its Jan. 9 meeting, one selectman will be asking Mukarker to voluntarily place a “no transfer” restriction to the license.

“I’ll ask [Mukarker] to prospectively put a limitation on the transfer of [a new] license,” said Selectmen Chair Mark Paolillo at the board’s final working session of 2016 in December.

Mukarker is seeking an On-Premises retail liquor license – commonly referred to as a “pouring license” – which the Selectmen can grant to restaurants, hotels, clubs, taverns, or war veterans clubs. The license fee and its annual renewal is $4,000. 

Paolillo said due to the use and then “sale” of the all retail license issued by the board to Mukarker in May 2014; he has “concerns” a new permit would become principally a financial asset to the businessman rather than a license to serve beer and wine. 

“I’m only asking that the license stays at least with the property,” said Paolillo.

Mukarker did not respond to a pair of requests for comments this past week.

What makes Mukarker’s current application noteworthy is the Belmont entrepreneur’s history with board-issued alcohol permits. A year after being awarded a retail liquor license at a public meeting in May 2015, Mukarker sought and received permission from the Board of Selectmen to use the license as collateral for a $300,000 loan to keep his new business solvent.

Around the same time, Mukarker requested the town to add a pour license to the existing retail permit but was informed existing state law prevented the town from issuing more than one license to a single entity. That law was changed this summer by the Legislature.

During the spring and summer of 2016, Mukarker began “shopping around” the retail license, according to Belmont retailers, seeking to transfer the permit which he described 

Mukarker was able to attempt the transfer his license when it was discovered that the enabling legislation granting the town additional licenses failed to have language written in a 2006 bill establishing alcohol sales in Belmont placing limitations on the movement and “sale” of licenses.

After two public meetings, the Board of Selectmen voted on Oct. 6, 2-1, to approve the transfer. Selectmen Jim Williams and Sami Baghdady voted for the Star Market acceptance stating there was no legal impediment to the move. Paolillo said at the time he believed the license should have been returned to the town. At that time both Star Market and Mukarker could apply for permits, starting the public application process which would required hearings and public meetings.

In December, the state’s Alcoholic Beverages Control Commission OK’d the transfer. Later that month, Star Market opened its new alcohol department in the Waverley Square store.

Mukarker’s transfer raised hackles from residents and town businesses who noted the licenses were created by Town Meeting to be issued to small locally-owned retailers. 

The mostly negative reaction by residents to the transfer is one of the impetus for a possible Special Town Meeting in February to address the question of transferability of town-issued liquor licenses.

But before a Town Meeting convenes. Paolillo said the board could only ask Mukarker to voluntarily impose a ban on any future transfer of the license. 

“We as a board can only deny a license for established reasons including traffic, noise, and proximity to schools and houses of worship,” he said.

“Right now, we can’t impose restrictions to collateralize or transfer a license,” said Paolillo. 

GOP Stalwart Guy Carbone Pulls Papers for Selectmen Race

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Photo: Guy Carbone (courtesy photo c. 2010)

Guy Carbone, a perennial candidate for statewide and congressional offices, is eyeing a much more down ballot race in 2017 as the former head of the Metropolitan District Commission has taken out nomination paper to run for Belmont Board of Selectmen.

If he submits signatures from 50 registered voters by Feb. 14, the octogenarian attorney will join incumbent Sami Baghdady and challenger Adam Dash as likely candidates for the one Selectmen’s seat up for grabs this year.

The 2017 town election takes place on Tuesday, April 4.

A call to the Woodfall Road resident was not returned as of 5 p.m.

While a bit of a surprise for Carbone to run for the seat – he made no recent statement on issues or concerns he had that would prompt him taking out papers – earlier this year Carbone was part of a contentious hearing before the Belmont Zoning Board of Appeals in 2015-16 when a relative sought a special permit to replace a large bay garage on Holt Street with a storage space. After challenges by neighbors, the ZBA denied the permit which Carbone took considerable issue.

Carbone, who holds several engineering degrees from the Massachusetts Institute of Technology and a degree from Suffolk University Law School, is a long-time member of Belmont’s Republican Town Committee who served as commissioner of the Metropolitan District Commission for two years, from 1979 to 1980. He also served on the Noise By-Law Review Committee in 2002.

He is best known for committing to several quixotic runs for statewide office, campaigning as a Republican in a very blue state. He ran – and lost – three times for the Republican nomination for Attorney General, was barely defeated by Jonathan Raymond in the Massachusetts’s 5th congressional district Republican primary in 1996 (Raymond later was dispatched by Barney Frank), and lost 75 percent to 25 percent in the 1998 Middlesex and Suffolk Massachusetts Senate district general election to Steven Tolman.

Selectmen Considering Feb Special Town Meeting To Tackle Transfer Loophole

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Photo: Alcohol transfer on the agenda.

The Belmont Board of Selectmen is considering calling a February Special Town Meeting to resolve the controversal inability of the town to control the transfer of alcohol and liquor licenses.

“We want to tackle the non-transferability of [alcohol] licenses sooner than later,” Mark Paolillo, selectmen chair told the Belmontonian at the end of the board’s meeting on Monday, Dec. 19.

“There’s a lot of folks in town that are concerned about … these licenses,” he said. “And there is unanimity on the board to follow that recommendation,” said Paolillo.

When asked when the meeting could be held, Paolillo said: “it would be in the February time frame.”

The proposed action comes on the heels of a controversial 2-1 vote by the Selectmen approving the transfer in October of a full-retail alcohol license from the Loading Dock to Star Market for a $400,000 fee. It was discovered during the public hearings that legislation from 2013 increasing the number of liquor licenses in town did not have the same limiting language on transferring licenses as in the first retail liquor licenses approved in 2006. 

Paolillo said a memo to the board from Town Counsel George Hall recommended moving forward with a special home rule petition that would request the Massachusetts legislature to approve a Town Meeting article creating “an umbrella” bylaw covering regulations including transfer limitation overall alcohol licenses including full, pour, retail, and wine and beer.

A home rule petition would be required as the town is taking action that will effect liquor licenses which are granted by the state to municipalities.

The Selectmen can call a Special Town Meeting at any of its public meetings with the agenda posted with minimum 48 hours notice to the public.

Selectmen must then sign and or post the warrant with at least 14 calendar days notice to the public before the Special Town Meeting. For instance, if it signs the order on a Monday, Tuesday is day 1 of 14. There is no requirement that the warrant stays open for any amount of time – it can open it and close it right away – and it does not have to accept another article a resident or Town Meeting member may want to add to the warrant.

The estimated cost of a three hour, one night Special Town Meeting would cost approximately $2,776, according to the Town Clerk’s Office.

Paolillo acknowledged the expense of holding a meeting but deemed the issue important enough to push for an early resolution.

“We certainly appreciate the cost of having a Special Town Meeting, and we will take that into consideration,” said Paolillo. “We have to weigh that against the expense of a possibility of another transfer happening before the [annual Town Meeting which begins in May 2017].”

“Lots of folks have expressed concern that legislation in 2013 didn’t have a non-transferability provision within it and they want to see that reinstated,” said Paolillo.

Town Election ’17: Dash Readies Run for Selectmen

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Photo: Adam Dash.

If all indications are correct – and so far there’s no evidence to the contrary – it appears Adam Dash will soon have to choose from one of his collection of dapper fedoras to “toss into the ring” as the Goden Street resident readies to declare his candidacy for the Board of Selectmen in the April 2017 town election.

“I am excited about the race and look forward to discussing the issues facing our wonderful Town of Homes,” Dash wrote in an email response to quires from the Belmontonian.

Dash said while he and his supporter have gone so far as to form a campaign committee (that document can be found on the Belmont Town Clerk’s website) called Elect Adam Dash, “we are still in the early, preparatory stages” of a possible challenge to the seat currently held by Sami Baghdady.

While it was “premature” to say that he is definitely running, Dash noted that residents “can check out our preliminary website www.electadamdash.com for updates and information, and to make donations.”

While never elected to town-wide office, Dash is no stranger to Belmont government or political campaigns. A member of the financial watchdog Warrant Committee since 2009, Dash’s profile rose to prominence in 2015 as the public face of the “Yes for Belmont” campaign, successfully arguing the need for a $4.5 million multi-year override.

How Much Salt Will Be Used On Belmont Streets This Winter?

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Photo: Salting Belmont streets.

Here’s some Belmont trivia: How much salt will Belmont’s Highway Division use on town streets during the coming winter?

  1. 30,300 pounds
  2. 200 tons
  3. 4,000 tons
  4. Not enough on my street.

While you ponder your response, the Belmont Board of Selectmen has approved the annual contract for road salt on Monday, Oct. 24. Working cooperatively with Newton and other towns, Belmont will be paying $55.40 a ton to Morton Salt Inc. of Chicago (yes, it is the same company that makes the “When it rains, it pours” salt for everyday use.)

Interesting fact: According to the company’s website, r0ad salt used along the East Coast is mined in Canada, Bahamas or Chile. 

The town also agreed to a second contract with Eastern Minerals of Lowell for $65.90 a ton if the supply from Morton dries up. 

And the answer is about 4,000 tons on an average year or about 320 pounds of salt for each resident in town.

McMansions On Hold as Marsh Street Resident Rolls Up New Street Plan

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Photo: The proposed entry to the Sleepy Hollow Road.

Sleepy Hollow Road, a controversial new cul-de-sac connecting Marsh Street to five proposed “McMansions” on the land of a well-known Boston developer, will make like Ichabod Crane and nod off before waking up sometime next year, according to Glenn Clancy, director of the Office of Community Development.

A hearing before the Board of Survey – made up of the three-member Board of Selectmen – to review the suggested road snaking through the rear of Donald Chafaro’s nearly seven-acre property at 178 Marsh, was withdrawn “without prejudice” by the applicant at the Monday night meeting, Oct. 24. 

But the removal of the application does not mean the residential subdivision that will encroach onto protected wetlands and the Massachusetts Audubon’s Habitat Education Center and Wildlife Sanctuary is going away for good. Since no formal action was taken by the Board of Survey, Chafaro can bring the application “at another time in the future,” said Clancy.

According to Clancy, the withdrawal of plans to create six housing parcels along nearly 200-foot roadway was due to a misreading of the town’s regulations rather than a change of mind.

“There was a misunderstanding with the engineer who is leading the project. He was under the impression that any environmental review [of the road] would be the last step of the process [after a Board of Survey decision,]” Clancy told the Board. 

While there are communities around Belmont where the final step in the regulatory process is a review, “our Board of Survey rules and regulations makes it very clear that the environmental [assessment] must be done before the Board will consider an application,” said Clancy. 

It is now up to the state to determine which town agency will conduct the evaluation.

Mary Trudeau, the town’s conservation agent, has requested the state’s Department of Environmental Protection for a determination of the jurisdiction of the Wetlands Protection Act. If the DEP allows the town to review the environmental concerns, the probe will be conducted by the OCD’s engineering staff. Otherwise, the project will fall under a Conservation Commission review. 

Clancy said if the state selects the Conservation Commission route, “then the applicant must make a formal application” which could take “a couple or more months.” 

The news came as “a small moral victory” for opponents of the development, according to Roger Wrubel, director of Habitat Sanctuary for the past 16 years. Wrubel and others contend the development will result in further loss of open space as other landowners with large lots take advantage of spiraling housing prices. 

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Early Bird Selectmen: Alcohol License Transfer Meeting at 6PM

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Photo: Tonight’s meeting is a continuation of one last month.

The Belmont Board of Selectmen is expecting a long night at its Thursday, Oct. 6 meeting having pushed forward by one hour its traditional 7 p.m. start time.

First on the evening’s docket will be the continuation of the Sept. 19 meeting in which the owner of The Loading Dock store/cafe on Brighton Street sought board approval to transfer the all-alcohol retail license he currently holds to Star Market for $400,000 in compensation. The license, one of two provided by the town to sell beer, wine and liquor from a store, would allow Star to build 2,000 sq.-ft. of shelves for liquor sales inside the Waverley Square store. 

While more than 50 supporters of Loading Dock owner Fuad Mukarker urged the board to OK the transfer, the board said at the previous meeting it worries the approval will set precedence where  firms could supersede the required application process by buying licenses from struggling small businesses. 

It is reported that representatives of two license holders, The Spirited Gourmet on Common Street which holds a full alcohol license and Craft Beer Cellars, the growing national franchiser and owner-operator of craft beer stores, which was beaten out for the all-alcohol license in 2014 by Mukarker, will be in attendance.

The board has reserved 90 minutes to the hearing.

The selectmen will also hear a request from a Cambridge sports company which wants to use a few Belmont roads for a half-marathon (13.1 miles) on Sunday, Nov. 13. The roads would be Brighton, Statler, Channing, Leonard and Concord heading back to the People’s Republic. What, not enough roads in Cambridge?