2026-10-05 - Select Board

00:15Calling to order the meeting of the

00:17Arlington Select Board for Monday,

00:20October 5th, 2026. It's 7:15 p.m. My

00:25name is John Herd. I am the Select Board

00:26chair. I will start with members on my

00:29right.

00:31>> Joseph Solomon,

00:32>> Eric Helmouth,

00:33>> Diane Mahan,

00:34>> Steve Dorsey,

00:35>> James Feny, town manager. Michael

00:37Cunningham, town council.

00:38>> Britain Malard, office manager.

00:41Thank you. That will take us to item

00:44number one on our agenda. We have two

00:45proclamations. The first one is for

00:47Arlington Community Media Day. I do not

00:51believe we have anyone from ACMI here,

00:54but I do have the proclamation in front

00:56of me which I will read.

00:59Whereas the sharing of ideas and

01:01information helps to empower the local

01:03community as well as build common

01:06understanding and common values within a

01:08community. And whereas community media

01:11organizations provide a means for

01:14diverse communities to tell their

01:16stories, hear each other's stories, and

01:19create new stories together. And whereas

01:22community media is important is an

01:24important resource for participating in

01:26local democratic policy and processes.

01:29And whereas community media connects

01:32community organizations, schools, and

01:34local governments to their constituents

01:36so that they can become civically

01:39engaged, express ideas, and advocate for

01:42causes. And whereas in many communities,

01:45people are not aware of the diverse and

01:48valuable programming on public education

01:51and government access channels.

01:54Whereas communities will benefit from

01:56increased general awareness of viewing

01:59audiences for and creators of media

02:02content created by and for the

02:05community.

02:06Now therefore, be it resolved that

02:09October 20th, 2026 is hereby proclaimed

02:13as Arlington Community Media Day within

02:15the town of Arlington, and all people

02:18are hereby called upon to promote the

02:20importance of community media and

02:22training available at Arlington

02:24Community Media. And be it further

02:27resolved that the Arlington Community

02:29Media has for the past 20 years played a

02:33vital role in building our community by

02:36cable casting and streaming local

02:38government meetings to Arlington

02:40citizens as well as encouraging

02:42conversations about our common

02:44interests.

02:46Turn to the board.

02:52>> Mrs. Mahan

02:53>> move approval. The motion approved by

02:56Mrs. Mahan, seconded by

02:58>> second.

02:59>> Seconded by Mr. Dorsy and gladly go back

03:02to voice vote. All those in favor say I.

03:05I.

03:05>> All those opposed.

03:07>> Unanimous vote.

03:09That brings them us to item number two.

03:11We have a proclamation for the Housing

03:13Corporation of Arlington. Do we have a

03:15representative from the Housing

03:16Corporation would like to come up?

03:19>> Should I sit here?

03:20>> Yeah. Yeah, sure.

03:24Did you have any information you want to

03:26share about the housing corporation

03:27before we read this?

03:29>> Sure. I I'd be happy to introduce

03:30yourself for the record as well.

03:31>> Uh my name is Neil Mongold. I live at 12

03:34Brattle Place in Arlington and I am the

03:37president of the board of the Housing

03:39Corporation of Arlington and um we're

03:42just I'm here to represent the housing

03:44corporation and express our sincere

03:46thanks and of the support from the

03:49select board and the town manager for uh

03:5240 years of of operation of the housing

03:54corp of Arlington uh providing

03:56affordable housing and helping to um uh

03:59make a more diverse and um welcoming

04:03community in Arlington. So, um, again,

04:05much appreciate this opportunity.

04:08>> Thank you. And we have a proclamation

04:11here as well.

04:14It says, "Whereas in 1986, the Housing

04:16Corporation of Arlington was established

04:18as an independent nonprofit agency to

04:21provide and advocate for affordable

04:23housing for low and moderate income

04:25Arlington families and individuals. And

04:28whereas the the Housing Corporation of

04:31Arlington is celebrating its 40th year

04:33of successfully providing affordable,

04:36stable housing and empowering residents

04:39in order to build a supportive and

04:42equitable community in Arlington. And

04:44whereas the the housing corporation of

04:47Arlington now provides housing for 208

04:51households and will soon create an

04:53additional 83 affordable highly

04:56energyefficient units in Arlington at 10

05:00Sunnyside A and Emma's Court on

05:03Massachusetts A in Newman's Way Newman

05:05Way. And whereas the cor housing

05:08corporation of Arlington also serves

05:11over 120 households annually with social

05:14services, community building and tenant

05:17supports to encourage residents

05:19participation and influence their

05:21housing issues. And whereas the Housing

05:25Corporation of Arlington continues to

05:27benefit from the strong support of the

05:30Arlington Select Board, the Arlington

05:32Town Government Departments, the

05:34Arlington community at large in the

05:36Commonwealth of Massachusetts state

05:38governs

05:39and elected officials. And whereas the

05:42town of Arlington and the Commonwealth

05:44of Massachusetts are proud of the many

05:47accomplishments achieved by the staff

05:49and volunteers of the Housing

05:51Corporation of Arlington over the past

05:5440 years. Now therefore, be it resolved

05:57that we, the Arlington Select Board, on

05:59behalf of all the citizens of Arlington,

06:02do hereby extend our congratulations and

06:05thanks to the staff, the board of

06:07directors, the members and supporters of

06:09the Housing Corporation of Arlington on

06:12their success over the last 40 years,

06:15and wish them many more. And be it

06:18finally resolved that we, the Arlington

06:20Select Board, do hereby declare the

06:22ninth day of October, 2026, as Housing

06:26Corporation of Arlington Day throughout

06:28the town and ask all citizens to pay

06:32heed there too.

06:34We'll get you a signed copy.

06:37We'll turn to the board.

06:41Mr.

06:42>> Thank you, Mr. Chair. I'd happily move

06:44approval. Uh, one of the first things I

06:46was privileged to do when I moved to

06:48Arlington

06:50over 19 years ago was had the chance to

06:52get involved with housing corporation

06:54Arlington just to get to know the crew

06:55back then and I think Capitol Square was

06:57just getting started and I was really

07:00struck. It was just a really great um

07:03reinforcement that I chosen the right

07:04community because there are people who

07:06deeply cared about their residents and

07:10both the staff, the volunteers, the

07:12board. And I I'm pleased to say that

07:14over the last 21 years uh or the next

07:17years, 19 years after that that it's

07:19just only gotten better that your your

07:22crew does such a wonderful job in the

07:23community are such good members of the

07:25community as an organization and um

07:28couldn't be prouder to celebrate this

07:30with you. I thought maybe you you'd like

07:31to just slip in a little promotion for

07:33Friday night's event where we'll we'll

07:35be reading this proclamation.

07:36>> I was going to do that. But I didn't

07:37know if I could speak after the vote was

07:39taken, but uh you're all invited

07:42obviously this Friday night in town

07:44hall. Uh our 40th anniversary

07:47celebration is happening at I think it's

07:496:30. Um there will be music and dancing

07:52and dinner and um I believe there's

07:54registration available on on our website

07:57uh at the Housing Corporation of

07:59Arlington. So um yes, thank you for

08:02giving me the opportunity to promote our

08:03our celebration this Friday night.

08:08Motion to approve by Mr.

08:10>> I will enthusiastically second that. Um

08:12I was fortunate enough to meet Mr.

08:14Mongold at the walk for affordable

08:16housing not too long ago. Um and I am

08:19really excited the momentum that the

08:21group has with the 10 sunnyside project.

08:24Um you know Emma Court all that kind of

08:27you know a lot of activity going on a

08:29lot of good work. So congratulations.

08:31Thank you.

08:33Good. We have a motion to approve by Mr.

08:35Helmet, seconded by Miss Solomon. All

08:37those in favor say I.

08:39>> All those opposed.

08:40>> Unanimous vote. Thank you. Great. Thank

08:42you.

08:44That takes us to item number. Sorry. Our

08:48consent agenda items three and four.

08:52Since there's two, I'll read them this

08:53time. We have a request for a special

08:55event at Whitmore Park. Elaine Lyle

08:58Indivisible Lab. Request for special

09:02oneday beer and wine license

09:05for at St. Anith

09:08>> Athanasius.

09:09>> Athanasius Greek Orthodox Church for the

09:12fall Greek cuisine.

09:13>> Sorry.

09:13>> That's right.

09:14>> I live near it.

09:15>> I feel like I should know how to say

09:17that because I go to it a lot. But

09:19>> I'll take a motion to approve.

09:22>> So moved by Mr. Dorsy, seconded by

09:26>> second.

09:27>> Mrs. Mahan. All those in favor say I. I.

09:30>> All those opposed? Unanimous vote.

09:34Takes us to appointments. We have an

09:37appointment for Arlington Youth

09:39Counseling Center Advisory Board, Leslie

09:43O'Brien.

09:51>> Welcome. You can just introduce yourself

09:53for the record. Just tell us a little

09:54bit about your interest in the board.

09:56>> Sure. Um, I'm Leslie O'Brien. Uh, I live

09:59at 24 Woodbury Street in Arlington. I'm

10:02a licensed clin clinical social worker

10:04and I have a lot of interest in this

10:06board because I both have personal

10:08interest in having two kids growing up

10:10in Arlington as well as professional

10:12interest as a clinical social worker.

10:13So, I want to help out the families here

10:15in Arlington.

10:18>> Thank you. Turn to the board for any

10:20questions, comments, or motions.

10:23>> Mr. Thank you, Mr. Chairman. Thank you,

10:25Mr. Bren, for your interest. Um, and you

10:27have an impressive resume and uh, this

10:30is a board that continues to evolve and

10:34sure you'll uh, be a great addition. So,

10:36move approval.

10:39>> Happy gohead.

10:41>> First by hair.

10:43>> Yeah, I uh, happily second the motion as

10:46well. I'm glad to see the Don parent to

10:49uh, giving back to the town pipeline is

10:52still continuing. So congratulations and

10:55I look forward to what you'll do on the

10:56board.

10:59>> Former Don parent here.

11:00>> Oh yeah, you still get to claim this.

11:03>> Thank you. I also want to say thank you

11:05so much for you and your family for

11:07giving Arlington your time, your

11:09energies, and your expertise. I see

11:12you're certainly have experience in many

11:14many areas but especially with neurov

11:16divergent kids and um that all the

11:20different diagnosis cognitive abilities

11:24that encompasses all the little

11:26different uh acronyms in there and that

11:28that's so vital and so important these

11:31days and a lot of families as you know

11:33um deal with it on a day-to-day basis

11:35and a lot of times they get to the point

11:37that it's so overwhelming they sometimes

11:40just give up And I can tell from reading

11:42your resume, curriculum vite, etc. Um

11:46that you you certainly know what

11:48guidance to give, but you also from what

11:50I can glean from this, you certainly

11:52have the ability to know how to deliver

11:54that message um in a in a compassionate

11:57and understandable way. And that's

11:59really really important, especially when

12:01somebody's in that position, whether

12:03it's the caretaker. I'm I'm preaching to

12:05the person.

12:06>> No, I appreciate it. It's great to hear.

12:07>> So I'm I'm so thrilled. We probably

12:10couldn't afford you. No, but but thank

12:12you once again. Um I'll be thrilled and

12:14looking forward to working with you in

12:16the future. That's great.

12:17>> Great. We have a motion to approve by

12:19Mr. Gorsy, second by Mr. Solomon. All

12:21those in favor say I.

12:23>> All those opposed.

12:24>> Unanimous vote. Thank you.

12:26>> Thanks so much.

12:29So,

12:31still clicking out of this. So, we have

12:33two appointments to the public memorials

12:34committee. We'll take these two

12:36individuals up one at a time. So, do we

12:38have Michael Alonga.

12:54>> Good evening and thank you for inviting

12:55me.

12:56>> Sure.

12:58If

12:58>> you can just say your name for the

12:59record and then tell us a little bit

13:01about your interest in the committee.

13:02>> I beg your pardon?

13:03>> If you can just say your name for the

13:05record and then just tell us a little

13:06bit about your interest in the

13:07committee. Oh, sure.

13:08>> Sure.

13:09>> Uh, my name is Michael Alonia. Um,

13:12because I'm a veteran and a combat

13:16veteran and um I feel very strongly that

13:21we have to do something to memorialize

13:25and that word means remember

13:28to remember

13:31those who gave their all. And I recently

13:35read something that Caroline sent me. Uh

13:38Derek Bryan, a very young Marine who

13:42died who got who died from his wounds in

13:45Vietnam

13:47when I was there actually um 1967.

13:52Um,

13:54and

13:57having something physical

14:00is a reminder that doesn't Wayne, that

14:03doesn't fade.

14:05It reminds for people to see it.

14:09One of the great things about the War

14:12Memorial

14:14in Arlington Center

14:17is that it's not often a park.

14:21It's not in some bucolic scene or some

14:23suburban

14:25nice landscape. It's right in the center

14:29of town.

14:31Everybody sees it every day whether they

14:35know it or not.

14:38That's my motivation.

14:41>> Thank you. I'll turn to the board for

14:43any questions, comments, motions.

14:46>> M.

14:47>> Thank you. I'd very gladly move

14:49approval. Thank you, sir, for your

14:50service to our country, our nation, and

14:52also to your service to the Commonwealth

14:54of Ma Massachusetts. I see that you did

14:56some time in state government. And

14:58that's near to my heart as I reflection

15:01of my day job, but uh the working at ANF

15:04accounting and finance is no is no small

15:07thing. It's a lot of important work to

15:09make sure that the public's money is

15:10spent well. So you have a career to be

15:14proud of in so many ways starting with

15:16your military service first and foremost

15:18but also to the community. So that for

15:20that I thank you and I very much

15:23appreciate your words just now. I think

15:26you really captured why we have physical

15:30memorials

15:32and uh I think you will bring a lot to

15:34this committee as you consider those

15:36important decisions. Thank you.

15:37>> Hey. Thank you sir. Thank you.

15:42motion.

15:43Mah,

15:45>> I very gladly second that motion and

15:48also thank you for your service and

15:50continuing service uh once you uh join

15:53this committee. and I I appreciate

15:55everything that you you're going to

15:57bring to this committee around the um

16:01memorial in the center, but also for the

16:03individual memorial stories that will

16:06come your way on this committee when

16:08family members ask us to

16:12memorialize

16:14uh a loved one who has passed on. Some

16:16in service, some could have been still

16:18missing, prisoner of war, or some who um

16:22served and have passed away. and um your

16:25uh predecessors on this committee,

16:27especially Yorker, Bill McCarthy, really

16:31really did an outline of um how to make

16:34sure we observe those events and and do

16:36it appropriately and respectfully. And I

16:38know you'll carry on with that.

16:39>> I I asked Bill whether I could say that

16:42Bill sent me and he said,

16:46"No, I told you to go."

16:50So, you know, Bill, I said, "Yes, sir.

16:54We'll do."

16:55>> We I do. And he's he I had a chance to

16:58speak to him about some other things and

16:59he speaks very highly of you. So,

17:01>> Oh, thank you.

17:02>> Um I just wanted to pass that on and

17:04>> that'll cost me a beer next time, but

17:06>> that's getting off cheap, my friend.

17:09>> So, gladly second. Thank you.

17:11>> Thank you,

17:13>> Mr. Thank you, Mr. Chairman. I happily

17:16support the motion as well. And thank

17:18you, Mr. Logna for your service to the

17:20country. Remember, you came in here

17:21previously when you were appointed to

17:23the veterans council and we appreciate

17:24that service as well.

17:27>> Thank you very much.

17:28>> Sure.

17:29>> Yeah. Thank you for for everything

17:31you've done for the town so far and I

17:33look forward to seeing your your work

17:35going forward here. Thank you.

17:36>> Thank you.

17:37>> And I'll just repeat all the thanks that

17:39you've heard.

17:41We have a motion to approve by Mr.

17:43Helmouth, seconded by Mrs. Mahan. All

17:46those in favor say I.

17:47>> I. All those opposed unan.

17:50>> Thank you.

17:50>> Thank you.

17:52We have David Ledwig

17:58on Zoom.

18:07So, Mr. Lewig, if you are in Zoom,

18:10please use the raise hand function on

18:12your Zoom application right now.

18:22Okay, we'll shove that one

18:26and check back in later in the meeting

18:28to see if Mr. Ledwig joins us. Item

18:32number six under licenses and permits.

18:34We have an all alcohol license amendment

18:37change of manager for Old Restaurant,

18:40Inc. DBA Jimmy's Steerhouse.

18:54just

18:56ju just say your name for the record and

18:58just tell us a little bit about the

18:59application.

19:00>> Finopoulos

19:02>> James Murphy.

19:03>> Okay.

19:05You want to just tell us briefly about

19:07the

19:08>> uh Yes. So, our

19:10>> our manager of 42 years, Mike Mooney,

19:13has recently retired, and we were hoping

19:16to have his assistant of the last eight

19:18years take over as the manager in charge

19:22on the liquor license. FA's been with

19:24the company for over 19 years, and I

19:27think Jimmy's has a proven track record

19:30of being respectful and contributing to

19:33the community.

19:36>> We all know Jimmy's. we're just talking

19:38about.

19:39>> Turn to the board for any questions,

19:41comments,

19:43>> motions.

19:46Mr. M,

19:46>> I will gladly move approval. And we were

19:49speaking glowingly

19:51>> of the longstanding our memories of

19:53Jimmy's and hopes to go in there again

19:56soon. So, move.

19:57>> See you there.

19:59>> All right.

20:00>> I'll second that on the condition that

20:02you promised that you will keep the

20:03zucchini sticks. Yep.

20:05>> They're my favorite, too. You're going

20:06to go away anyway.

20:08>> I can promise.

20:10>> Very well.

20:14>> Motion to approve by Mrs. Maha and

20:16seconded by Mr. Helmouth. All those in

20:18favor say I. I.

20:19>> All those opposed.

20:21>> Unanimous vote. Thank you.

20:22>> Thank you so much.

20:26>> Item number seven, common victual

20:28license collect bakery 681 Massav.

20:32Natalie Bettier.

20:39Anyone either in the chamber or Okay.

20:59>> Good evening.

20:59>> Hello. Yeah. Good evening. Good evening.

21:02>> Hi. If you can just state your name for

21:03the record, then tell us a little bit

21:04about your license application.

21:08>> So, my name is Natalie Bedar. My husband

21:10next to me, Frank.

21:14>> Uh, we are owner of Colette Bakery and

21:18we require a common virtually license

21:22um for the uh 681 Massachusetts Avenue.

21:27Uh we're going to uh we would like to to

21:30do a a French bakery retail with some

21:33seating.

21:35>> Okay.

21:36>> Thank you. Turn to the board for any

21:38questions, comments, or motions.

21:42>> Mr. Solomon.

21:42>> Yeah, I would, you know, happily motion

21:44to uh approve. I think the first time I

21:47saw mention of this was on Facebook

21:49where somebody I don't know I think they

21:51saw the logo somewhere and and saw that

21:53it was coming to town and there's

21:56universal excitement about it based on

21:58the the performance of the other

21:59locations. So I look forward to you

22:02coming to Arlington and um I will I will

22:05be there.

22:06>> Thank you.

22:07>> Thank you. We're very exciting to be

22:09here too. So we can't wait to receive

22:12everybody at the Klet bakery and uh we

22:15have so many good things to make you to

22:19offer.

22:23>> A motion to approve by Mr. Solomon

22:26seconded by

22:28>> second

22:29>> Mr. Dorsy. All those in favor say I. I.

22:32I.

22:32>> All those opposed unanimous vote.

22:36>> Thank you.

22:37>> Thank you.

22:37>> Thank you very much.

22:40Go ahead.

22:42>> All right. So, we are going to item

22:45number eight. This is a continuation of

22:48the hearing from last week for

22:50discussion and vote for section 15

22:52package store application.

22:54So, as you'll notice in the agenda, one

22:57of the applicants has withdrawn. So, we

23:00have two applicants left. Attorney

23:03attorney Cunningham.

23:05>> Thank Thank you, Mr. Chair. Yes. So,

23:07just I know the board is tell Doug that

23:09he'll love it.

23:10>> He's probably watching.

23:12>> I was going to say that. I was going to

23:14say that.

23:14>> Sorry.

23:15>> One of the applicants withdrew. Uh there

23:18was an issue raised last week regarding

23:19the number of licenses that section 15

23:22licenses and that a applicant can have

23:24in one community. So talked to council

23:26and by mutual agreement that application

23:29was withdrawn. So there only two

23:30applicants before the board at this

23:32time.

23:33>> All right. and we can turn to the board

23:36for any questions, comments, motions. If

23:38you have any comments for the individual

23:41applicants, then we can bring them up

23:43per request of the board. But other than

23:45that, I think we're ready for further

23:47discussion on this.

23:50Anyone would like

23:52to make any

24:02>> I guess no one has any.

24:03>> Are we taking no action whatsoever? Oh,

24:05you want motion? Are you ready for

24:06motions?

24:07>> Yeah. Yeah. Questions, comments,

24:08motions.

24:09>> So, um, should we do these individually

24:11or together?

24:12>> Yeah. Yeah, it would have to be

24:13individually

24:15>> like Mr. Chair Cunningham.

24:17>> Thank you, Mr. Chair. Um, yes.

24:19Individual votes.

24:20>> Okay. So, uh, I'll I'll move approval of

24:22the Arlington Center Fine Wines

24:23application.

24:24>> A motion to approve Arlington Center

24:26Fine Wines.

24:27>> Do we have a second?

24:28>> Second that. Yes.

24:30>> Any further discussion on that

24:31application?

24:34>> We have a motion to approve by Mr.

24:37Helman, seconded by Mr. Solomon. All

24:38those in favor say I.

24:40>> I.

24:40>> All those opposed, unanimous vote.

24:45So we will entertain the second

24:50applicant Shanker Liquors LLC.

24:55>> Is there any Mrs. Mahhat?

24:57>> Make a motion to approve Shankar Liquors

25:00LLC doing business as Ruby Wine and

25:02Spirits.

25:03>> We have a motion to approve a second.

25:06>> Second

25:07>> by Mr. Corsy. All those in favor say I.

25:10>> I. I.

25:11>> Those opposed.

25:12>> Unanimous vote.

25:15All set. Thank you. Good luck.

25:17>> All right, that brings us to item number

25:20nine.

25:22Continuation of our hearing from last

25:23week for discussion and vote. Marijuana

25:26establishment host community agreement

25:29agree.

25:32>> I got off a plane at 1:00 a.m. So here.

25:35All right. So yeah,

25:39this is continued from last week. We

25:41heard from the applicants last week. A

25:44few of the

25:46parties involved had requested some

25:48additional time. So, we're going to

25:50offer five minutes to either applicant

25:52that wants to speak further on anything.

25:55If the board has any questions for any

25:58of the applicants, we can call them up.

26:00And then the

26:02council for the receiver would also like

26:04five minutes. So, I will start with

26:09Bud's Goods. If you'd like to, you don't

26:11have to, but if you'd like to sit and

26:13address the board for five minutes, we

26:15can

26:23>> Good evening.

26:24>> Uh again, Phil Silverman uh for the

26:26company, Alex Mason, obviously the CEO

26:29of the company. Um, as you're probably

26:33aware, there's been some uh action in

26:35the state court regarding this, and I

26:37think I'll let uh the receiver speak to

26:40the import of that. Um, but um, you

26:44know, I I think the point that I just

26:46want to make uh really I don't want to

26:48get into sort of a discussion of the

26:50other applicant or the state crow. I

26:53just want to say what we have to say

26:54about our company, which is, you know,

26:56it's been very successful company. Um,

26:58and I think, you know, it's got a ton of

27:01experience doing this and it would be a

27:03real asset to the town and generate a

27:04lot of tax revenue for the town. Um,

27:07beyond that, I think really the

27:08dispositive issue here is the company

27:10also has site control of that site to go

27:13forward and uh I know that in the past

27:16uh in the town that's been sort of the

27:18key determination of whether you can go

27:20forward uh on a marijuana uh application

27:23in the town for a host community

27:24agreement. So, those are really um the

27:27two significant things. Um other than

27:29that, I I think we'll let uh I'm sure

27:32the other side will have its say and the

27:33receiver I know wants to speak as well.

27:35>> Okay, fair enough.

27:38>> Does anyone have any questions? Any

27:40questions?

27:41>> Yep.

27:44>> Okay, you guys are Thank you.

27:47>> So, I will go to DMC. The attorney for

27:50DMC, I believe, is on Zoom.

28:12Oh, is it for DMC? Yeah. Y

28:15>> good evening members of the select

28:17board. Uh Mr. Glansberger may be joining

28:19remotely as well. I understand he's in

28:21transit today. So if you see him uh on

28:24the screen, if you can make him

28:26available, but otherwise I will proceed.

28:28I thank you for hearing from me once

28:29again. I was before you a week ago in

28:31person and uh as I told you last week,

28:34I'm Jonathan Bard. I'm council for

28:37Debilitating Medical Condition Treatment

28:38Centers or DMC. Uh members, the select

28:42board has a choice to make tonight.

28:44Arlington has a choice to make tonight.

28:46And the court has unequivocally

28:48confirmed that that is Arlington's

28:50choice to make. That it is not the

28:52receivers's choice. It is not the

28:53judge's choice to make. DMC applied for

28:56the host community agreement and remains

28:59here before you because we want to

29:01operate the store at 1386 Massav. We

29:04think DMC is the right choice for the

29:06town and DMC has a vision for the

29:09dispensary that is tailored to this

29:11town. DMC is also the court approved

29:14backup bidder. It has a clear path to

29:16operating that store which begins right

29:18here before this select board. If DMC

29:22obtains the host community agreement, it

29:24can obtain the Apotheca assets. It will

29:27not face any cap in obtaining a CCC

29:30retail license. I'll note that the court

29:32found months ago that DMC has backup

29:35bidder status, meaning it must close if

29:38Buds Goods cannot close. DMC therefore

29:41can obtain the Apacha assets and will be

29:44able to obtain a CCC license. As we've

29:47pointed out, Buds Goods holds three CCC

29:50retail licenses already and the CCC is

29:53not currently accepting applications

29:55above that cap. We have no set timeline

29:57for when it may do so. It is therefore

30:00unclear how Budsg Goods would obtain the

30:03CCC license that it would need to run

30:05the store in Arlington. That means delay

30:08for the town. That means uncertainty for

30:10the town. DMC is here to provide a clear

30:13path to stepping into that store.

30:16Awarding DMC the host community

30:18agreement does not block the

30:19administration of the receiverhip. It

30:22gives Arlington a partner who can

30:24actually get licensed and can keep that

30:26store running. And no one has invested

30:29more in the store success than DMC. Mr.

30:32Glansberger lives in Arlington. He was

30:35before you last week. His company has

30:37funded the receiverhip and DMC is

30:40looking forward to continuing to invest

30:42in the town and the community and to

30:44returning medical access to Arlington

30:46residents. Now, there was a decision

30:49from the Superior Court this morning

30:51denying the receivers's emergency motion

30:54brought against DMC and the court very

30:57clearly declined to order DMC to

30:59withdraw its application. It placed no

31:02limits on DMC petitioning the town. That

31:04is why we're still here before you. The

31:07court ruled that the receiverhip order

31:09does not authorize dictating either the

31:11result of the town's HCA process or who

31:14can participate in its process.

31:17Arlington itself chose a competitive

31:19process as it always has and it received

31:21two applications for this HCA. The

31:24choice is yours between the two. If the

31:26town were to choose to award the ACA to

31:29Buds Goods, DMC will respect that

31:31decision and will continue doing

31:33whatever it can do to protect the value

31:35of its investment in the estate from any

31:37further delay and erosion. And finally,

31:40I would just note that DMC has been

31:42transparent from day one with the town.

31:45DMC is applying for the sole reason that

31:47it wants this HCA. It wants to operate

31:50the store at 1386 Massav. It disclosed

31:53in August its role within the

31:55receiverhip and agreed at the time that

31:58the receiver and the HCA were separate

32:00processes. The court has confirmed that

32:03in its application. It disclosed that it

32:05doesn't hold a lease for the location.

32:06It was transparent about that. It also

32:09disclosed it would need court approval

32:10as the buyer of the Apotheca assets. We

32:13put these limitations in writing before

32:15the select board so the board could

32:16weigh them for itself. That is a level

32:19of honesty and transparency that

32:21Arlington can expect in DMC's operations

32:24in Arlington. And we would just ask the

32:26town to consider both of the

32:28applications fairly and determine as the

32:30court has concluded that the select

32:32board is entitled to do uh which

32:35application to select and we would ask

32:37that the town grant that application to

32:39DMC. Thank you.

32:42>> Yep.

32:44And then last is the council for the

32:47receiver.

33:04>> Hi, good evening. Andrew Helman on

33:06behalf of the receiver. Uh thank you so

33:08much for the opportunity to speak for

33:10just a a moment or two. Um, first and

33:14foremost, I just want to reaffirm what I

33:15said last time, which is that I

33:17represent a quarter-appointed receiver

33:19acting as a fiduciary for the benefit of

33:21all creditors. Uh, we have no personal

33:24animus or stake in in the outcome here.

33:26The receiver did file a motion in court,

33:29an emergency motion to enforce portions

33:32of the sale order and the receiverhip

33:34order. And I' I'd like to just sort of

33:36share a few port few choice sentences

33:38from that order. uh the court indicated

33:40that it expected that the receiver would

33:42do so uh following its comments that the

33:45behavior of DMC is not the behavior or

33:47conduct that it expects from

33:49participants in judicial sales. So I've

33:51provided a copy of the order to Mr.

33:54Cunningham uh a few comments from it.

33:56Despite lacking site control typically

33:58essential to obtaining an HCA because

34:01buds not DMC has rights to Apothecus

34:04former space in Arlington Center. DMC

34:06also filed an application with Arlington

34:08for an HCA. Key point there for you

34:10folks is that Buds has site control. Um,

34:13despite Mr. Bard's assertion, there is

34:16no asset purchase agreement between DMC

34:18and the receiverhip estate, there is no

34:21order appointing them as a backup

34:22bidder. They will be unable to close

34:25without further action from the court

34:27and we expect that that further action

34:28will be rebuffed. Other comments from

34:30the court. It is transparent that DMC's

34:33HCA application to Arlington serves no

34:35purpose but to interfere which was in

34:38italics with Bud's HCA application and

34:41its ability to succeed to Apaca's assets

34:43and operations. If DMC were to succeed

34:46in obtaining the HCA in Arlington

34:48despite the glaring absence of site

34:50control, then it might somehow disrupt

34:51the transfer of Aposca's assets to BUDS,

34:54notwithstanding being outbid by allowing

34:56a losing bidder to interfere with the

34:58sale order in this manner, as the

35:00receiver asserts, would undermine the

35:02court's orders, not to mention increase

35:04the cost of the receiverhip to the

35:06detriment of all creditors. The court

35:08then expressed its reservations and

35:10concerns to the extent that anything it

35:12does could be construed as interfering

35:13with your process, which to be clear,

35:15the receiver has no wish to do. We only

35:17seek to act as to DMC. Then the court

35:20said, I anticipate that the receiver

35:22will raise before the select board and

35:24the town will consider how DMC's

35:26application relates to the receiverhip

35:28and DMC's unsuccessful successful bid

35:30and how it undermines the receivers's

35:32efforts to maximize assets of the

35:34receiverhip. I also expect that the

35:37absence of site control will remain a

35:38large hurdle to DMC's application. So

35:41these were important comments. This was

35:43an emergency motion that had been filed

35:45and the court believed that there were

35:47weighty issues regarding the right of a

35:49party to participate in a petitioning

35:51process before a government and the the

35:54enforcibility of that court's orders.

35:56And on that emergency schedule, court

35:58was not prepared to do more. The judge

36:00said on Friday afternoon at the

36:02conclusion of the oral argument that he

36:05was either going to take some action

36:08directing DMC not to advance its

36:10application or that it would write he

36:12would write an order that he would issue

36:14Monday morning to make clear so that the

36:17town would have his views on this

36:19matter. Um, a couple of additional

36:22points. The court, I think Mr. Bard said

36:24the court unequivocally determined it's

36:26Arlington's choice, not the courts or

36:28the receivers. We are not trying to tell

36:30the town what it needs to do. Uh I am

36:33obligated or my client is obligated to

36:35close with Bud's Goods. Uh and that's

36:37what the court approved. DMC raised its

36:41concerns about the number of licenses

36:43that Buds Goods has at the uh court

36:46hearing in May to approve the sale. The

36:50court overruled that objection. Uh in

36:53that process there was evidence before

36:55the court where Budsg Good said if

36:57necessary it would give up other

36:59licenses so that it was below a three

37:02limit cap if that was relevant at the

37:04appropriate time and the laws and rules

37:06have changed. Um DMC asserts that it can

37:09obtain apothecus assets that is not

37:11possible without order of the court and

37:14assigned contract with the receiver

37:16which does not exist now. Um

37:20those were really the primary points

37:22that uh that I wanted to make to to to

37:25this audience. Um so I I I do appreciate

37:28and it is accurate to say that the

37:30emergency motion was denied. Uh but I

37:33think that saying that really belies the

37:35true point which is that the superior

37:38court said that applying for the HCA is

37:41an interference

37:43with the sale process in Bud's goods

37:46right to obtain the receiverhip assets.

37:49Uh the court felt constrained because

37:52this is a governmental process and on an

37:54emergency basis did not want to go

37:57farther than putting in writing allowing

37:59a losing bidder to interfere with a sale

38:02order in this manner as the receiver

38:04asserts would undermine the court's

38:06orders. Not to mention increase the cost

38:08of the receiverhip to the detriment of

38:10all creditors. and uh you know the

38:12receiver wanted to make sure as a court

38:14I think also wanted to make sure that

38:16you had this information and we're happy

38:18to answer any questions that you may

38:20have. We we recognize that a receiverhip

38:23is not the run-of-the-mill uh process

38:26for the town to be involved with and you

38:28know I thank you very much for the

38:29opportunity to speak last week and then

38:31again tonight.

38:32>> Thank you.

38:33>> Thank you.

38:34>> Does the board have any questions?

38:38>> Seeing none.

38:40Thank you very much.

38:43>> So with that, we will turn back to the

38:45board for further discussion.

38:50Attorney Cunningham, you want to just

38:51explain the motions that we that we

38:54talked about it will take two separate

38:56motions either way. Correct.

38:58>> Correct. Thank you, Mr. Chair. Um yeah,

39:01as with the alcohol licenses, the board

39:03I recommend that the board take two

39:04separate votes. Uh whatever order it

39:07chooses. uh the members can determine

39:10that but two separate votes would be

39:12appropriate.

39:13>> Okay.

39:20>> Yeah.

39:20>> Mr.

39:21>> Thank you, Mr. Chairman. Um yeah, I'm

39:23going to start with some comments on on

39:25DMC and and I read the court's order uh

39:29issued this morning and and I appreciate

39:32what the judge said. Um I don't think

39:34the receivers council had said this but

39:38within the order it says as we have

39:41acted all the way throughout this

39:43process the HCA process is separate from

39:46the receiverhip and before a different

39:48branch of government. Um he also made

39:50the comment that the judge expected that

39:53the absence of site control will remain

39:55a large hurdle to DMC's application. So

39:58just as a court didn't want to interfere

40:01with our local branch of government in

40:03terms of our HCA determination, I

40:06certainly on behalf of the for myself

40:09would not want to interfere in the

40:11receiverhip process and speculate what

40:13might happen um in terms of what the

40:17receiver or the court may do if if Bud's

40:20Goods was was was no longer the um

40:23selected selected buyer. So for me it

40:26comes back to site control as a

40:29threshold question. Clearly there is one

40:32entity here that would meet a definition

40:35of site control and that's Buds through

40:36the letter of intent. DMC doesn't have

40:39it. And so without that I feel I can't

40:43get to the merits of DMC's application.

40:46Um and just as I said last week at the

40:48hearing that the the parties did not

40:51come in on equal footing. It seems like

40:53we've got to pass or or take a look at

40:56Buds separately from DMC. So, um if

41:00we're going to do it by way of motion, I

41:02think that's what Attorney Cunningham

41:04has said. I will move to deny the u the

41:07application of DMC.

41:11>> Second.

41:14Do you have any further comments on the

41:16motion? So, we have a motion to deny the

41:19application of DMC by Mr. Corsy,

41:21seconded by Mrs. Han. All those in favor

41:23say I.

41:24>> I.

41:25>> All those opposed.

41:27Unanimous vote.

41:29All right,

41:36>> Mrs. Mahan.

41:38>> Um,

41:40I'm not going to repeat what Mr.

41:41attorneys so eloquently summarized and

41:44I've had conversations with town council

41:46attorney Cunningham um all throughout

41:49this process um which actually in my

41:52years in the court system

41:55as a career this has been a first for me

41:58so um it it's nice to sort of learn

42:01something new and I I do appreciate that

42:03the um court really I think myself

42:07personally took a balanced um

42:10deliberation and then um issued a

42:13statement regarding um all parties

42:15involved but on behalf of the town that

42:18it it recognized that it didn't have the

42:20my interpretation authority to dictate

42:23to us the municipality

42:25um either the result of our HCA process

42:28or who can participate in that. And um I

42:31want to thank the chair for um having

42:33the two different hearings in and town

42:35council um because again this has been a

42:38sort of a little different road that

42:39we've gone down. Um

42:42and u uh thank you for everyone's uh

42:46patience with me zooming in last time.

42:48Um it's a rare thing that I do that it

42:51just was family obligation. So um thank

42:54you for that. And um the only other

42:57thing is I say to everybody whether it's

42:59common victular all the way to an ACA

43:02HCA um

43:05trustworthiness and and and

43:08uh appropriate reporting um is really

43:11vital to the success of any business as

43:14well as a partnership um with the town

43:17of Arlington. Um and uh I'll I'll leave

43:22it there. So with that, I would make a

43:25motion to approve the host community

43:27agreement with Buds Goods and Provision

43:29doing business as Buds Goods.

43:36>> Do you have a second?

43:38>> Any additional comments?

43:43So, I had a comment and I don't have the

43:46benefit of I think as many years up here

43:49to sort of build a framework of how to

43:50think about making these types of

43:52decisions, but um a co-orker of mine had

43:56a prior career in law enforcement. And

43:58although he had a lot of power and had

44:00to make a lot of big decisions, the way

44:03that he described the way to, you know,

44:04think about making decisions was that

44:06even he was accountable to the judge.

44:07Right? So in this case, we have a

44:11decision to make, but you know, who are

44:13we accountable to? And and for myself, I

44:15think to, you know, the voters, right,

44:18the constituencies in my neighborhood.

44:19And fortunately enough, one of my, you

44:22know, neighborhood constituences stayed

44:24after her appointment. So, this is very

44:26real to me, but um thinking through the

44:30experience that we've had um and and

44:34what I would have to do is to go to my

44:36constituents and say, "We've made this

44:37decision, right?" And there's, you know,

44:41some minor things that came up around,

44:43you know, not knowing signage bylaws or,

44:45you know, when asked about, hey, how are

44:47you going to integrate with the

44:48community? give a boilerplate answer

44:50that essentially means you you have not

44:53been involved with the community, you've

44:54not invested in understanding it. Um

44:57some I think maybe somewhat more severe

45:00issues around not knowing the hours of

45:02operation and building a a business plan

45:04based on operating hours that are not

45:08allowed according to the town's bylaws.

45:11Um and then really the sticking point

45:13for me was some of the ethical concerns

45:16that came up. Um, you know, I asked

45:19about the the history with with the wage

45:22theft issue.

45:24Didn't really understand what the

45:26response was. I realize it may be a

45:27little bit more complex than what I

45:29understand, but um I didn't really find

45:31that satisfactory.

45:32And then asking if there was anything

45:34else and and being told no and finding

45:36out there was. Right. I I had reached

45:38out to Mr. Cunningham beforehand to say,

45:41"Hey, based on my my Google search, it

45:43seems like there might be a little bit

45:44of an issue there." And lo and behold,

45:47there was and there was, you know,

45:48pending litigation that that I was made

45:50aware of at that time as well. Um,

45:54so, so, you know, with all of that

45:55together, it it comes down to can I go

45:57to my neighbor and say, "Hey, we had a

46:00couple hearings. We found out all this

46:01information and we said yes." That would

46:05be the the sort of step that we're being

46:06asked to to take here. And if it was

46:10just a signage thing or, you know, not

46:12knowing that, you know, you're running a

46:14marijuana store and there's a a cookie

46:15place across the street and maybe that's

46:16like the perfect, you know, thing to

46:19mention. Um, that's minor, but for me,

46:23it it kind of is a little bit more than

46:26I feel comfortable saying yes to. So,

46:30um, yeah, I I won't be seconding this

46:33evening.

46:38Do

46:38>> we have a second for a vote?

46:40>> Oh, second.

46:41>> Okay. So,

46:44>> go ahead.

46:46>> We always talk loud. So I mean for me I

46:50think

46:51you know I look at these applications

46:53and these stores and

46:55you know it seems like a lot of them

46:57haven't been successful and I know

46:59there's some issues that came up.

47:02I think you know when in any situation

47:04you try to when you apply you try to put

47:07your best foot forward. I wasn't part

47:10I'm not part of anything that happened

47:12there and you know other members can

47:15weigh that or allowed to weigh that more

47:17heavily than than me. My thing, you

47:21know, especially while we're going

47:23through this whole process because a

47:24business failed in an industry where a

47:27lot of businesses are failing is where

47:30someone steps in at showing that they're

47:32they can successfully operate the type

47:35of business that they're being we're

47:38being asked to award them a license for.

47:41That holds a lot of weight with me. And

47:45you know, I I think the other applicant

47:48could certainly do a great job. You

47:51know, we've already denied him for the

47:53reasons stated, but we you know, we've

47:56had even in our first hearing, there

47:59was, you know, individuals that stepped

48:00in and didn't have, you know, the the

48:03record experience took them a while to

48:05get going. Um I think where you have an

48:08established business that we know can be

48:11well we don't know but you know based on

48:14a track record can be successful and you

48:16know we're not going to be here in a

48:19year or two you know going through

48:21another receiverhip process. I think

48:23that is important to me. So I would

48:27support the motion that's before us.

48:32We have any further comments,

48:36>> Mr. Dorsy?

48:37>> Yeah, thank thank you, Mr. Chair. I

48:39seconded the motion and um while there

48:42were some um answers in retrospect, I

48:46wasn't particularly happy with after

48:49learning a little bit more about the

48:50history. Um for me, it's not enough to

48:54disqualify

48:56the applicant in this instance. And I

48:58think that um we were told about the

49:00tips issue um which was back in calendar

49:0422 or 21 that was a civil matter with

49:07the attorney general's office. It wasn't

49:08there wasn't a charge as a civil matter.

49:11The current issue is still pending.

49:14There's been a complaint filed and an

49:15answer filed and the parties are in

49:17discovery. So, I think it's premature to

49:19to make a determination based on where

49:22that lawsuit stands right now. And and

49:25as I understand it, at least looking at

49:26the complaint and the answer, it is a

49:28different issue. It's it's a question of

49:32employees known as lead tenders, which

49:34is somewhere within the hierarchy at

49:37BUDS whether they're entitled to tips or

49:39not. We're not that litigation is

49:41pending and and and um I can't make a

49:44determination on that and I don't think

49:46it would be fair to buds to make a

49:48determination on that until the

49:49litigation is ended. Um whether there's

49:52a whether this goes forward to a

49:54decision, whether there's an agreement,

49:56who knows? Um, I will say on this issue,

49:59I look at it almost as a as a matter for

50:02the cannabis um commission to determine

50:06the fitness of the organization, not the

50:08town of Arlington. And while I would

50:10have liked a more complete answer last

50:13week, there was you and that's

50:15everything on the tips. Well, it wasn't

50:17everything on the tips, but I know

50:19you've got to be careful when litigation

50:20is pending as well. So, um I

50:26marked you down for that answer, but it

50:28wasn't enough to disqualify the

50:30application in my mind and I do um echo

50:34some of Mr. Herd's comments in terms of

50:36a business willing to step in here. Um

50:39Mr. Mason had mentioned that that Buds

50:41had been voted or at least reported in

50:44Boston magazine best of West, Boston,

50:46best of South. That's in there. We can

50:48find that. So, um, I come out in in

50:52support of this, but I I, um, if if this

50:55was to happen again, I would have liked

50:57a little bit more complete answers.

51:01>> Thank you.

51:03I, um, I think I've come to the place of

51:07supporting this a little reluctantly for

51:10the reasons that my colleague, Mr.

51:11Solomon, have raised and some others. Uh

51:15I think that an HCA is a document that

51:18is built on mutual trust as Mrs. Mahan u

51:21mentioned and it's an ongoing

51:24relationship of mutual trust and respect

51:27uh between the company and and the and

51:28the town. So um

51:32you know I think that that I I

51:34understand a colleague I think for for

51:36whom that is just if that's just too

51:38much to support I think that's a

51:40defensible position. Honestly, I really

51:41wrestled with this myself and it was it

51:43was close. I think what did it for me

51:45was realizing that from the town's

51:48interest, we have an interest in a

51:50retail business staying in that space.

51:53Um, and that uh despite the arguments

51:56that we've seen, you know, back and

51:57forth. Um, I think that Budsg Goods is

52:00the best position to continue that

52:02business and clearly knows how to

52:04operate it. Um, I think I also wrestled

52:08with whatever the the past situation

52:10with uh the tips and the current

52:12litigation which we know nothing about

52:14because it's just pending. Whatever that

52:16says about the c the company's

52:17management practices, that's not our

52:19primary concern as well. Um, I think the

52:22honesty is or the the completeness of

52:24the answer. And so I think the the my

52:26colleagues have laid a path forward

52:28should we have a positive vote to to set

52:30a request and an expectation uh for for

52:33different responses um in a similar

52:35situation moving forward.

52:37>> Thank you.

52:42>> Motion to approve by Mrs. Mahan, second

52:44by Mr. Corsy. All those in favor say I.

52:47>> I. Those opposed

52:49a 4-1 vote.

52:51That takes us to open forum. Except in

52:55unusual circumstances, any matter

52:56presented for consideration of the board

52:59shall neither be acted upon nor a

53:00decision made the night of the

53:02presentation in accordance with the

53:04policy under which the forum was

53:07established. It should be noted that

53:08there is a threeminut time limit to

53:11present a concern or requests. Mr.

53:13Harrington.

53:18>> Good evening. Thank you, chair. My name

53:19is Steven Harrington. I live at 74

53:22Columbia Road in Arlington. Um, last

53:25week I asked where the moderator's

53:27authority comes from to bind residents

53:30using town infrastructure. Tonight I

53:32want to address a related question.

53:35Whose speech is actually being carried

53:36through that infrastructure?

53:39The moderator has described the email

53:41list and the annotated warrant as a town

53:44service and a town function while also

53:47saying they are not a public forum. The

53:50town manager has separately said that

53:53neither he nor this board can direct the

53:55moderator concerning access to this

53:58forum.

54:00Those statements do not resolve the

54:02underlying issue. The archive does not

54:05contain only town reports, motions, or

54:07official notices as it did from 2011

54:10through 2021.

54:12Since 2022,

54:14it has increasingly carried letters,

54:17statements, presentation, political

54:20advocacy, and debate expressly

54:23attributed to identified individuals

54:26supporting or opposing pending warrant

54:28articles. Calling the system a town

54:31function does not answer whether those

54:33private letters become the town's own

54:35speech merely because the town's staff

54:38received, distributed, and archived

54:40them. So, I'm asking the chairman Herd

54:43to request town council to state the

54:46town's position clearly. Does Arlington

54:49contend that privately authored

54:51political advocacy published through

54:53that system is government speech of the

54:55town? If not, what is it?

55:00And if the town's position is that the

55:02moderator alone may establish access

55:04policy for the town infrastructure,

55:07please say so and identify the statute,

55:10bylaw, town meeting vote or delegation

55:12that gives that office policymaking

55:15authority over residents outside town

55:18meeting proceedings.

55:20Administration of a town system is not

55:22itself the source of authority to make

55:24binding policy for residents.

55:27I'm asking the town to identify whose

55:29speech this is, who has authority to

55:31regulate access to it, and what law

55:34gives that official the power to do so.

55:37Thank you.

55:42All right, that takes

55:45no one else in the chamber. If anyone on

55:47Zoom would like to speak, use the raise

55:49hand function on your Zoom application

55:51now.

56:02All right, that will close our open

56:05forum. Brings us to correspondence

56:07receive. We have item number 10,

56:10moderator authority over residents use

56:12of town infrastructure from Steven

56:15Harrington. We have number 11, crosswalk

56:18concerns on Massachusetts Avenue between

56:21Park Avenue and Appleton Street or Hey,

56:24Aguilera

56:27Ira Paraguire.

56:29I had no chance on that one. Sorry. Item

56:32number 12, town manager appointment to

56:35the Arlington Civilian Police Advisory

56:38Commission. James Feny, town manager.

56:45Sal,

56:45>> you can move receipt on all three items

56:47and additional referral on item 11 to

56:50the town manager. Although I do note

56:52with appreciation, town manager gave a

56:54excellent response over email today. So

56:57that referral in no means suggest that

56:59there's more action required, but just

57:01that we are giving the option as you

57:03always have to to pursue additional

57:05planning work on that.

57:07>> All right, motion received by Mr.

57:09Helmouth. Second by Mr. Salman. All

57:12those in favor say I.

57:14>> I. All those opposed unanimous vote. New

57:18business. Mr. Mal.

57:21>> No new business. Mr. Shar.

57:23>> No. Cunningham. No new business. Thank

57:25you, Mr. Chair.

57:28>> Mr. Cheney.

57:33>> No new business. Thank you,

57:36>> Mr. Quest. Thank you, Mr. Chairman. Um

57:38yeah, the past few weeks there has been

57:41road work being done on Lake Street to

57:44stripe the lanes for bike travel and um

57:48just make it clearer to motorist too in

57:50terms of turn going straight or taking a

57:52right on route two. And I want to thank

57:54Mr. Feny. Um, this was a state project,

57:57but it's probably over a year ago.

57:59Resident Jim Foster had reached out to

58:01me inquiring about whether that right

58:04lane could be dedicated to a right-hand

58:06turn because it was a source of

58:08frustration. I'm sure Mr. Herd had

58:11fallen behind cars as he was leaving

58:13Kellen and trying to head up route two.

58:15If you're behind a car that was going

58:17straight in that right lane, you ended

58:18up having to to wait a light cycle. Mr.

58:21Foster also had encountered that

58:23contacted me and I contacted Mr. Defeny

58:26about it. He inquired with the state.

58:29Now the the state may have been planning

58:31to do that but I think it's strong

58:33reinforcement. So I want to thank Mr.

58:35Feny for his followup last Friday. Um

58:39the lines were completed and indeed the

58:42right-hand lane is right hand only. So,

58:46uh, we're saving 30 to 45 seconds for

58:48people who are taking it right there if

58:50they're doing it against, uh, against

58:53traffic or or, um, are waiting for the

58:56light, um, behind someone who wants to

58:58go towards Belmont. So, thank you very

59:00much, Mr. Feny.

59:02>> Now, we just need to take care of the

59:03people that just park right in the

59:04middle of the tube.

59:06>> That's right,

59:07>> Mr. Mahan.

59:09>> Um, thank you, Mr. Chair. Um, I do have

59:11new business. Shocking. And I'm trying

59:14to pull everything up so I can be as

59:17brief and concise as possible. I asked

59:19um Mr. Mard um to provide everyone

59:23tonight on your desk a copy of the um

59:28application that we approved last Monday

59:29night under the consent agenda as well

59:32as some pictures that were sent to me um

59:35by residents. Um, I I um, as you know, I

59:39had family obligations last week and I

59:41actually got someone to watch my uh,

59:44family member and I left my house up by

59:46the artisan hoping to do three hours.

59:48Could only do one. It took me 52 minutes

59:50to go from my house to the post office.

59:53I ran inside coming back up on Monday

59:56night. If you look at the application,

59:57we granted to Mr. Lner um his request to

1:00:04park a vehicle in the right-hand lane of

1:00:06Massav.

1:00:07Um uh and he provided a picture and

1:00:11showed where it was on the corner right

1:00:13in front of Jason Russell. Um besides

1:00:16getting lots of calls, notifications on

1:00:18social media, um leaving my house and

1:00:22literally going anywhere from two to

1:00:24five light cycles, two cycles at Mass

1:00:26and Brattle, four at um Mass and

1:00:31Highland, four at uh Mass and School of

1:00:35Court, three at the crosswalk where the

1:00:39high school kids go right across by like

1:00:41Newman Way to the other side. um in

1:00:44three at Massad and Jason. And when I

1:00:46came down, the request to park a vehicle

1:00:50um on the eastgoing side towards

1:00:54Cambridge was I saw it myself

1:00:57personally. these pictures get a sense

1:00:59of it. But um they had camera crews,

1:01:03two to three people as well as a truck

1:01:06on on top of that or a car which made it

1:01:10one lane all the way back to the

1:01:12driveway of um after the Jason Russell

1:01:15house after that house there that used

1:01:17to be a doctor's building and then took

1:01:19one more and then on the other side of

1:01:20Massav and this was from 7 to sometime

1:01:25after 12 I don't know how much later

1:01:27they went they also took space across

1:01:29massav. So that's far more than what

1:01:32they represented um to the town. So I I

1:01:36wanted to bring that to my colleagues

1:01:38attention. I wanted to ask if I could

1:01:40the chair and town council I mean uh

1:01:44town manager to um if there's any way

1:01:47number one I I know I saw an APD officer

1:01:51out there. I don't know how long. I know

1:01:53if we had gotten a truthful application,

1:01:55we probably would have we would have

1:01:57referred it to the town manager. APD

1:01:59would have recommended police details,

1:02:01but I would like to um a investigate if

1:02:04there's if there were any APD or any

1:02:06staff deployed that the town had to uh

1:02:10cover that we bill. um if it's

1:02:13appropriate, if it's something we can do

1:02:15legally that we can do that as well as

1:02:17if there's anything else. Um I don't

1:02:20know if planning can come up with the

1:02:22loss of all those parking spaces on each

1:02:24side of Massav and if we can bill for

1:02:26that and it goes to the parking

1:02:28subcommittee or something for the

1:02:30businesses and maybe moving forward

1:02:33somehow. Um I don't know if there's

1:02:36something that can be in the application

1:02:37or sort of a live and learn thing. um

1:02:40make sure that um because I think I know

1:02:44I had conversations with the town

1:02:45manager and the police chief that day

1:02:47and it went fine but it it was by far

1:02:51not what was represented to us and that

1:02:53really um I don't know if we can back

1:02:56bill for any cost but I think we should

1:02:58and I think if going forward if someone

1:03:01came in with that kind of if he came in

1:03:03with the actual request which was

1:03:0611 spaces going eastbound and four

1:03:10spaces going westbound

1:03:127 to 12. It wouldn't just be the permit

1:03:16fee of 100 150. So, I just wanted to

1:03:19bring that to everyone's attention and I

1:03:20don't know if we incurred any costs

1:03:22through APD or whomever, but I'll leave

1:03:23that to the chair and the manager. You

1:03:25>> like to respond if you'd like a

1:03:26response?

1:03:26>> Yes, please.

1:03:28>> Thank you, Mr. Chair. Thank you for your

1:03:29remarks, Mrs. Bahan. I would agree with

1:03:31you in reviewing the application. It

1:03:33certainly was not what I witnessed uh

1:03:35personally. I came to town at about 7:40

1:03:38a.m. that morning and knowing that we

1:03:40had approved the application for a setup

1:03:42time of 9:00 a.m. I was quite surprised.

1:03:44Uh it was expected that this event as

1:03:47approved at a busy intersection was to

1:03:49take place after morning rush hour. So

1:03:51there was supposed to be no setup before

1:03:539:00 a.m. and the event wasn't actually

1:03:55supposed to take place until 10:00 a.m.

1:03:57to 12:30. Uh I like you did see a lot

1:04:00more equipment than was depicted in the

1:04:03map and we have since uh made a

1:04:05determination from all the photographs

1:04:07that were provided how many parking

1:04:08spots were occupied and we uh sent a

1:04:11bill uh for the parking impacts that day

1:04:13and we have similarly calculated the

1:04:15costs to the police department for

1:04:17deploying onduty assets to assist with

1:04:20that event and taking them from taking

1:04:22them away from other duties in the

1:04:23community. So we have uh calculated

1:04:25those costs and since uh build the

1:04:28applicant for uh what we experienced

1:04:32that day.

1:04:32>> Oh, okay. Thank you. You one once again

1:04:35ahead of me. Um the I have three other

1:04:39new businesses. Um

1:04:43I anticipate the board will be receiving

1:04:48um correspondence from parents,

1:04:51residents.

1:04:52uh around parks and wreck commission uh

1:04:56user group friends user groups um I have

1:05:00had conversations around this issue with

1:05:03the town manager um recognizing parks

1:05:06and recck commission we ultimately have

1:05:09a final approval but we really don't

1:05:11have much oversight but

1:05:14having attended parks and recck

1:05:16commission meetings myself um I've had

1:05:18great concern unfortunately they've

1:05:21continued and gotten Morse again. Um I

1:05:24know the three meetings I attended the

1:05:27residents who were there from Monotony

1:05:30Ross Parks corner what I was there for

1:05:33Cutter Reinhardt Crosby Courts a um a

1:05:38bicycle a group of parents they were

1:05:40like pedal for I can't remember the name

1:05:43of it but um

1:05:46um I was there and still took issue with

1:05:51how the meetings were conducted and I

1:05:53was told well this these conduct was

1:05:56better and then um I can't go to every

1:06:00single park and wreck meeting nor should

1:06:01I because that's not what it is but it

1:06:05hasn't gotten better. It's gotten worse.

1:06:06So, I just wanted to um I'm I anticipate

1:06:11because um like I said, I can't keep

1:06:13going to meetings that um we'll probably

1:06:16receive in the next week or two some

1:06:18correspondence um from those user groups

1:06:21with some um documentation and just

1:06:24wanted to give everyone a heads up.

1:06:26Didn't you know and I won't go any

1:06:28further into that because it's not an

1:06:29agenda item. And then um

1:06:34the last two things I I do want to note

1:06:38um your Arlington did a story on Drake

1:06:41Village housing and the rehab um of

1:06:47Drake Village of those units of

1:06:50approximately 72 residents I believe um

1:06:53which have you know are long overdue um

1:06:57for repair. Um,

1:07:00I think a disservice was done in that

1:07:02article, myself personally, um, because

1:07:06it gives the impression that our seniors

1:07:08are going to be moved out in the next

1:07:10year or two. Um,

1:07:13and um, first of all, that's not the

1:07:16case. I I did see in the article, it did

1:07:19mention the year 2030. I had a

1:07:20conversation with the executive

1:07:22director, Jack Nagel, who I know

1:07:24everyone here on the board will probably

1:07:25see the same thing. Every time I've had

1:07:27a conversation with him on any issue,

1:07:29big, small, medium, whatever, he's been

1:07:32very responsive. He's he's

1:07:35by far one of the best executive

1:07:37directors I've dealt with for um in in

1:07:39the housing authority arena. um

1:07:44um spoke to him about the article and um

1:07:48I somehow think he's a a victim of

1:07:51perhaps his own good intents um in the

1:07:54fact that those uh apartment buildings

1:07:57will be rehabbed. There will be more

1:07:59added. There will be sort of a 20fold

1:08:02increase for fully accessible handicap,

1:08:04fully accessible apartments. I I sort of

1:08:08said, you know, the tale of two um

1:08:11housing projects. Um,

1:08:14you know, we saw we've seen and we

1:08:17should see a lot of praising for the

1:08:18housing core projects that have gone on,

1:08:20but I really didn't like the way this

1:08:22particular um article, your Arlington

1:08:26covered um the Drake Village rehab,

1:08:30which they stated finally after they put

1:08:33in there, you're going to get kicked out

1:08:35in two years, the year 2030. That would

1:08:37be the be in my estimation the best

1:08:41scenario. I think it could be longer.

1:08:43So, um I Mr. Nagel did forward and uh

1:08:48the two fact sheets that he's put

1:08:50together after each community meeting.

1:08:52He'll continue to have community

1:08:53meetings because he wants to get the

1:08:55information out. Um but this is going to

1:08:57be a long process. It's my understanding

1:08:59that Mr. Naggel and the housing

1:09:02authority are uh pretty soon in the next

1:09:04few weeks going to have meetings a

1:09:07meeting with uh the town stakeholders uh

1:09:09planning department town manager and

1:09:12correct me if I say anything wrong. Um

1:09:14but this is going to be a very long

1:09:16process. There'll be a lot more

1:09:18community forums. Um and I think you

1:09:22know I'm I'm almost felt like I needed

1:09:25to apologize to Mr. Nagel because he's

1:09:27just trying to do everything he can for

1:09:29all current residents and future

1:09:31residents up at uh Drake Village. And

1:09:33then my last um new business is I would

1:09:39ask the chair um with town council when

1:09:44appropriate for a future meeting um to

1:09:48in light of the alcohol um all malt what

1:09:52do we call package stores

1:09:54>> section 15 chapter 138

1:09:56>> section 15 if we should um I was

1:09:59thinking maybe we should even though

1:10:00it's not our job to know all things all

1:10:02the time have something on our

1:10:04applications going forward that's just a

1:10:06yes no question that says do you or any

1:10:09of your whatever the appropriate

1:10:11rewarding would be for one sentence any

1:10:13of your owners managers etc already have

1:10:17an interest or d whatever the legal ease

1:10:20is in any other um package stores in

1:10:24Arlington yes or no and um I think that

1:10:27would not that it's our job to know all

1:10:29that but just in light of what happened

1:10:31with the other application it would save

1:10:33us 30 minutes at a meeting. So if if I

1:10:36could ask through you if if town council

1:10:38could look at perhaps coming up with a

1:10:39sentence when you think there's a light

1:10:41agenda if we can throw that on and if at

1:10:43least three or not more of my colleagues

1:10:45agree if we can put that on future

1:10:47applications. That's it for new

1:10:49business. Thank you,

1:10:51>> S. Thank you. Very briefly, um although

1:10:54it's going to start sounding like all I

1:10:55talk about is dinners after giving HCA

1:10:58the opportunity to to promote theirs on

1:11:00Friday night. Uh I do want to encourage

1:11:03the community and of course my board

1:11:05colleagues to come to the next NEAT

1:11:08dinner. NEAt stands for neighbors eating

1:11:10all together. And people often ask me

1:11:12what this nonprofit does and I say just

1:11:15what the name says. It is nothing more

1:11:18or nothing less than neighbors sitting

1:11:21down for a free meal. And uh I've

1:11:24started out as an attender as a as

1:11:26attendee with with my husband Jordan and

1:11:29gone to a couple of these and just met a

1:11:31cross-section of the community that that

1:11:32I had not yet don't run across in my in

1:11:35my daily work. So I kind of got hooked

1:11:38and then uh it was a small step uh for

1:11:40there to start volunteering and seeing

1:11:42people like Joe Curo and and Sean

1:11:44Garbbley show up and Rep. Garbbley uh

1:11:47recently got an an earmark to support

1:11:49NE's work in the last budget. So um at

1:11:52any rate, I'll be there Saturday and I

1:11:54just heard uh Birdie told me that

1:11:56another one of my board colleagues might

1:11:57also be volunteering there uh Saturday,

1:12:00October the 10th and that it's at Park

1:12:02Avenue Congregational Church at Park

1:12:05Avenue Road. You can learn more at

1:12:07neatarlington.org.

1:12:11>> Thank you. Mr. Solomon, no new business.

1:12:15I have no new business.

1:12:17>> Move to adjourn.

1:12:18>> Motion to adjurnn. Second by

1:12:20>> second salman. All those in favor say I.

1:12:23>> Those opposed mis vote.