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.

Library Supporters Tell Planning Board Its ‘Big Idea’ Is Not So Grand

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Photo: Kathleen Keohane speaking before the Planning Board. Selectman Mark Paolillo stands next to Keohane.

In a possible preview of the anticipated encounter before the Library Board of Trustees tentatively scheduled for Aug. 24, the Belmont Planning Board heard at its Tuesday, Aug. 1 meeting a less than enthusiastic response to its ‘Big Idea’ of placing a new town library in a private development in Waverley Square.

In fact, the overwhelming sentiment of library supporters Tuesday and in emails and letters sent to the Planning Board since it announced the preliminary proposal last month, have been far from affirming, according to Board Chair Liz Allison.

“The overall tone … is negative,” said Allison, so much so that the numerous unfavorable responses the Planning Board received could be placed into four broad categories (process, substance, misunderstanding and global reactions) with their own subsets. Some responses, noted Allison, included language that best not be used over the cable network broadcasting the meeting.

The proposal dubbed the “big idea” by the Planning Board’s Raffi Manjikian who suggested the scheme, would place a new library at the present location of the Belmont Car Wash combined with a senior housing center in a multi-use development. The library would be built by a private developer who would then lease back the facility to the town.

“[Waverley Square] is a center that has languished for more than 50 years,” said Manjikian, who said the proposal was part of an “exercise” to revitalize an important “community center” that has more people in Belmont than any other section of town. The Planning Board’s Barbara Fiacco said it was an opportunity for the town to be proactive in creating a new vibrant neighborhood rather than playing catch up to future development.

But for library supporters, the big idea is a big fail in more than just where the library would be located but also how it was presented to the community in July. 

“I think we got off on the wrong foot,” said Kathleen Keohane, the chair of the Library Trustees who has been leading the charge in questioning both the idea and the process in which it was presented to the public.

“When you read this concept, this ‘big idea’ that’s characterized as the ‘library proposal’ … when there is no discussion with the key stakeholders who are in charge of managing the building, I think we had a process [breakdown],” said Keohane.

“I think publishing [the proposal] with pictures was off putting to me personally and to many folks,” she said. 

She said the library has recently finished an extensive a year-and-a-half long feasibility study that showed “great engagement from the community” for keeping the library at its current location on Concord Avenue within walking distance to five of six public schools and close by to Belmont Center, the town’s business hub.

“You need to respect the input that we got,” Keohane told the Planning Board.

Those who spoke at the meeting voiced a myriad of concerns with moving the library to the heart of Waverley Square. Azra Nelson of Vincent Avenue expressed “alarm” on adding library traffic and the associated parking demands to an area that is already congested with vehicles while Jessica Bennett of Thornbridge Road said it was “really unsettled” that something as important to the public as the library would not be in the town’s possession. Following in Bennett’s lead, Mary Lewis from Precinct 1 that it “insanity” for the town not to build a new library with interest rates at such low levels. She joined others who questioned the roll out of the plan in the summer when residents are away and not following the news. 

In response, the Planning Board’s Manjikian said the impetus for the proposal was not in response to one of the three owners of the land stretching along South Pleasant Street from the car wash to just north of the Cityside Subaru location who are contemplating developing their properties (“Yes, it’s going to happen,” said Manjikian).

Rather, the “idea” is just that, said Manjikian, giving the Planning Board and the town the opportunity to revitalize the area while also seeking a creative way to assist in solving the town’s challenge of renovating or building four critical capital projects; the high school, police station, library and Department of Public Works.

With a total cost of $262 million to “fix” the outstanding capital projects, Board of Selectman Mark Paolillo said it would be difficult to find the votes at Town Meeting or among voters to approve four debt exclusions and a possible town operating override over a short period.

“We will need creative solutions to solve all these issues,” he told the Belmontonian after the meeting.

Keohane did leave the door open for the library trustees to join the Planning Board and other stakeholders to assist in solving the major capital building. 

“I think we are at an early stage and this is the time to brainstorm and get ideas from people, pros, and cons of what they are looking for, and I think that’s starting tonight with public input and follow up … to share their comments, whatever that might be,” she said.