Selectmen Revokes Planning Board Appointment

In an embarrassing about face, the Board of Selectmen unanimously voted to reconsider the appointment and voted, 2-1, to rescind developer Joseph DeStefano's appointment to the Belmont Planning Board.

When the Board of Selectmen appointed DeStefano to the Planning Board on Monday night, members did not know he might have to refrain from discussion and voting on issues pertaining to Cushing Square.

Since then, said Chairman Ralph Jones at a meeting on Friday afternoon, June 25, the board learned DeStefano has financial interests in Cushing Square and possibly Waverley Square, issues the Planning Board will eventually take up which would create a conflict of interest for DeStefano.

"It would be very difficult to have a Planning Board where one member has to be out of its discussion for a substantial time and we have called this meeting to make a motion to reconsider (his appointment)," Jones said.

Angelo Firenze, who cast the opposing vote, said there is no question in his mind that DeStefano should be a member of the Planning Board.

"There is no reason for us to assume that he won't act in the best interest of the town even if he is an abutter (in Cushing Square)," Firenze said.

"He brings an expertise that is much needed (to the Planning Board). Joe is willing to go before the State Ethics Committee to see if he can serve."

But there's no question in his mind, said Jones, that DeStefano has business interests in the Cushing Square area and that appointing him to the Planning Board would provide a clear perception of a conflict of interest.

"I don't need the State Ethics Committee to tell me what is ethical or not," said Jones.

Vice Chairman Mark Paolillo, who said he agreed with Jones that DeStefano's possible conflict of interest on specific issues would be a problem for the Planning Board, said he was extremely disappointed that the board had to rescind the appointment.

"I was looking forward to his insight as a developer to move Cushing Square along," Paolillo said. "The Planning Board needs this kind of skill set."

In a a letter to the selectmen dated June 1, DeStefano wrote to reaffirm his interest in serving on either the Zoning Board of Appeals or the Planning Board.

"Over the past years, I have used my experience as a local real estate developer to help the town and its residents understand the plan/build impact of projects that have come before the ZBA and its neighborhoods," he stated in the letter.

"I have used my professional development experience in partnership with the ZBA to help develop useful ideas to various other boards throughout Belmont. In brief, I look forward to serving the town with fellow members of the ZBA or would also consider serving on the Planning Board should the selectmen seek additional help."

According to his resume, DeStefano has been working in commercial and residential real estate development for several decades. He co-founded Desco Associates, Inc., with his brother, Jim. Desco Associates is currently constructing three multi-million dollar residential properties on the Underwood Estates property.

DeStefano has been a member of the ZBA for three years. He is also a Town Meeting member from Precinct 2 and serves on the Capital Project Overview Committee and the Benton Library Reuse Committee.

Paolillo said he would like to pursue further if there are other people who could serve on the Planning Board with DeStefano's qualifications.

"He cannot serve but I would like to leave the position vacant for a while until we determine if Carla Moynihan or others have similar experience," said Paolillo. Selectmen decided on Monday not to re-appoint Moynihan, who has served on the Planning Board for three years, in favor of appointing DeStefano.

There are ways for DeStefano to serve on the Planning Board in deliberations even if he is an abutter in Cushing Square, Firenze said. As for Moynihan, he said the Planning Board does not need two attorneys but would benefit from a man with the development and financial skills of DeStefano.

Perhaps the best course of action, said Jones, is to find another place for DeStefano to offer his valuable contributions to the town on such as the Development Advisory Committee.

At this time, the selectmen decided, they will keep the Planning Board with four members, not re-appoint Moynihan but get to know more about her and, at their next meeting, invite the chairman of the Planning Board to discuss the impact of which candidate they appoint to the board.

Patricia Brusch, speaking as a resident and not as a member of any town committee or board, said she was quite disturbed by the conversation of the selectmen.

"You are sending a horrendous message to citizens," she said. "Why can't you re-appoint Carla when she made it clear that she wants to serve on the Planning Board again?"

Moynihan clearly has experience with planning issues and when the selectmen appointed her, they knew she was an attorney, Brusch said.

"To take someone in their first term and say goodbye sends a terrible message to people who serve on boards and commissions in the town," she said.

"For the Warrant Committee, a person who is appointed remains until they are replaced. You should have spoken to the Planning Board before your decision on Monday night rather than just saying: "Sorry, we like someone else better."

In a letter dated May 7, Planning Board Chairwoman Jennifer Fallon wrote selectmen to give her "whole-hearted support to the re-appointment of both Carla Moynihan and Andy Rojas to the Planning Board." She wrote that Moynihan is a land-use and real estate attorney and brings important points of view to the board.