Belmont Special Town Meeting: Live

Welcome to the Special Town Meeting of Belmont's annual Town Meeting, being held tonight at Belmont High School's auditorium. 

It's called a special meeting because it was for a specific reason; this year it was for the recodification of the town by-laws. Other articles were added to the meeting's agenda because they missed the closing date for the regular Town Meeting. 

We will start off with a special moment for Dan Scharfman, the Belmont School Committee member who tragically died in January. His wife, daughter and son are here. 

7:11 p.m.: Moderator Mike Widmer has started the Special Town Meeting.

7:18 p.m.: Laurie Graham, school committee chairwoman, is presenting the proclamation for Dan Scharfman. A wonderful dedication to a great Belmont resident and man. Merle Kummer, his wife, speaks about how the town residents came to the family's aid and comfort after Dan's death. "Let's use his legacy to form our own history." 

7:26 p.m.: Mark Paolillo, chairman of the Board of Selectmen, congratulates the Belmont High School for being awarded the gold medal as the 9th best high school in the state by US News and World Report.

7:28 p.m.: Matt Lowrie, chairman of the Belmont Board of Library Trustees, gives a report and history on the failed "new" library. There are two final options: give up or ask the state – which is providing a grant of $7.5 million – to use the money on the existing building. But Lowrie said that it could be a futile effort because it's unknown if the state would allow that.

7:35 p.m.: J. Raymond Miyares of the By-Law Review Committee is going through the eight "recodification" articles – articles 2 through 9 – which is more a reorganization of the by-laws. Fun facts: if passed, By-Law will be changed to bylaw, chairman/person to chair as part of the "language" clean up. So it will become "General Bylaws." Oh, and the Board of Selectmen will be referred as "it."

7:52 p.m.: Judith Feins, Pct. 5, want to be reassured that the language clean up does not change the bylaws substantially. 

Article 2, which repeals old and outdated bylaws, is passed. Article 3, which renumbers and reorganizes the bylaws, also passes.

Amendments to Article 4 – which cleans up bylaw language – Ed Kazanjian, pct. 6, said that his amendments are "important," wants to change the bylaw committees change to "chair" back to "chairman;" it's a gender neutral word and properly used in the real world. Sara Masucci, pct. 2, said she opposes the change because it has past connotations of a flawed past. Kazanjian's amendment fails. 

Kazanjian's second amendment would write out numbers if they start a sentence. While gramatically correct, it is defeated by Town Meeting. (!)

Article 4 passes.

More on gender: Article 5's use of the pronoun "of one gender" - which will be "him" - doesn't go over well for Jennifer Page, who had to deal with the sexist nature of town bylaws in the past. 

Article 5, 6, 7, 8 and 9, all pass. A big hand for the Bylaw Review Committee. 

8:32 p.m.: Article 10 is up which cleans up the recently approved Stormwater Management and Erosion Control bylaw that was passed by Town Meeting at the last meeting. It adds language on what is a "substantial demolition" – at least 50 percent of an existing structure measured by the area of the footprint of the structure – and including alterations on lots be included in the bylaw.

Article 10 passes unanimously.

Article 17 is being considered, amending the Zoning Bylaw on calculating inclusionary housing. It's how the town determines what a developer must create in affordable housing or providing a fee to the Affordable Housing Trust Fund. Sami Baghdady, chairman of the Planning Board, said the current bylaw was not creating enough affordable housing and the fee system - which was hard to calculate - was problematic: the town was sued by a number of developers as it was seen as a "tax" on "by-right" construction. "It just was not working," said Baghdady. The new bylaw is easier to calculate, less extreme and is not an "unlawful" tax.

Alisa Gardner Todreas, chair of the Housing Trust, explains the new bylaw, what triggers affordable units, the cash payment to the trust, and implementation of the new bylaw. You can read the entire bylaw here. 

"We hope to have this in place to bring more affordable housing to the town," said Todreas. 

Judith Feins, pct. 5, said she would like to add housekeeping amendments. They are accepted. Feins also wanted to note that as someone who worked on the bylaw, said it moves into the right direction. Even though a sound bylaw, other areas could be found to bring more affordable housing to the town.

Jack Weis, pct. 1, said while she understands why the steps were made for the change, it appears that the new bylaw will loss any inclusionary requirements for small developments under six units and exceptions for mixed-use developments. Shouldn't mix-use should have more of a requirements since they are more valuable. I hope there is more talks in the future because it appears Belmont is losing more then it gains. 

Vincent Stanton, pct. 3, also said that it appears that the town is giving away leverage on smaller developers. Why not just "lower" the fee? George Hall said the amount is not the issue; the courts see it as a tax by its structure: how it's applied. 

Roger Colton, pct. 6, said the new bylaw is not a "step back": past housing planning proposals said there is a need in the town to have more people living in business centers and there is little in a supply of smaller units for older residents downsizing. "This bylaw will have incentives to do" those two demands. The bylaw is not just for affordable housing but incentives for inter-generational housing and mixed-use residential units. 

George Hall, town counsel, answering a question from Paul Roberts, pct 8, said the law suit against the town by the developer at the former Waverley Church site "would be moot." 

Article 17, needing 2/3 for approval (all zoning changes need a "super" majority), passes unanimously.

9:18 p.m.: Halfway through the articles and we are at Article 16, transferring property at 20 Flanders Rd. for a new substation for the Belmont Municipal Light Board. "This is a very complex subject," said Selectman Ralph Jones, asking the reps to take notes and ask questions. Oh boy. "Only a lawyer could love this article," said Jones. Much of it relates to the new partnership between Belmont Municipal Light Department and NSTAR. But there is no chance that NSTAR will get the new substation. Really, if you read Belmont Patch's article on the partnership, you'll get a good sense of what's going on. Also you can see Jones' detailed explanation on-line via the Belmont Media Center. What's in it for NSTAR? They will get 14 percent from ISO-NE. But what really got the deal done with the incredible quality of the members of the Municipal Light Advisory Board and the Belmont Municipal Light Department who are all experts in their fields. Jones said he placed the article in the warrant not knowing if there would be an agreement. "I think we did it," said Jones referring to providing the town the best electrical system at the best cost. He receives long applause. 

Bob McLaughlin, pct. 2, who has been involved with the process to find a substation location, said the confusion of Flanders Road which involves a common wall with 12 Flanders Rd. Basically he said it will be done so the project can get started soon. "I never thought we would get such a great deal from NSTAR.

Jennie Fallon, pct. 1, wanted to thank Jones for all the great work he does for the town. 

Vincent Stanton, pct 3, wants to be 100 percent sure that the $1 million transmission service agreement fee from NSTAR is gone and the utility owns only the lines from Alewife Station and just some capital equipment inside the substation. Jim Palmer, GM of the Light Department, says Stanton is correct on both points.

Christine Doyle, pct. 1, wonders if NSTAR can hold the town hostage in the future? Jones doesn't see how that could happen. Doyle wonders how selling it to a for-profit corportation will effect the town. Town Treasurer Floyd Carman said Belmont will not be in a taxable position as the tax cost will be passed on to NSTAR. 

Anne-Marie Lambert, pct 8, wonders about the environmental impact of building the substation "since the herrings have come back to the Alewife." Palmer said they have already started the process. 

Article 16 passes unanimously to grand cheers. 

10:06 p.m.: Moderator Widmer thinks it's a good time to adjourn and so the Special Town meeting will reconvene on June 5 at 7 p.m. at the Chenery Middle School. See you then!