Fate of Plaza in the balance
Published on July 9th, 2003
STONEHAM, MA - The Town's citizens will now decide the fate of a business that many consider a Stoneham landmark.
The warrant for a Special Town Meeting scheduled for Monday, July 28 now includes an article requesting that Montvale Plaza be re-zoned as a designation for function halls.
In addition, another article seeks to allow the business to park vehicles off-site. Currently, only the Town's Central Business District is zoned to allow off-site parking.
According to the Town's Building Inspector Gene Argiro, although the function hall has operated for decades, a March 25 Massachusetts Appeals Court decision ruled that Montvale Plaza can't continue to operate because the Town's zoning by-laws don't allow the use.
As a result of that decision, the function hall will be forced to close its doors unless the two warrant articles are approved at Town Meeting.
"He's applying for the change in zoning because he can't operate with the court ruling," said Argiro, who issued an occupancy permit to the establishment shortly after Marty Murphy, the Plaza's current owner, purchased and renovated the building in 1998.
"I looked at it as grandfathering because there was no change in the use. He didn't make the building bigger during the renovations and that hall was around long before I came aboard," added Argiro, whose office has yet to issue a cease and desist order to the facility.
Wellesley resident Curt R. Feuer, the owner of Montvale Place located adjacent to the Plaza, first appealed Argiro's decision to issue an occupancy permit. Although the Town's Zoning Board of Appeals and Massachusetts Land Court upheld Argiro's decision, Feuer appealed those rulings again to Appeals Court.
Although Feuer challenged the zoning of the site, his dispute with Murphy may center around the parking at the hall, speculated Argiro. Currently the Plaza has an allowed occupancy of 620 persons but only contains 98 on-site parking spaces, claims Murphy. Both Feuer and Charlie Houghton, his attorney, declined to comment for this story.
Although Murphy had the opportunity to appeal the recent March Appeals Court decision to the Massachusetts Supreme Court, he declined to do so. Instead, says the life-long Medford resident, he will leave the fate of his business in the hands of the townspeople.
"I came here in all good faith of fulfilling a dream to own a function hall. This place was really like finding a diamond on the rough," commented Murphy, who originally paid $975,000 for the business and then spent $525,000 renovating the function hall and paying off tax and water debts.
"I feel like I'm doing everything right here. If we just continue and continue and continue to drag this out in court, where is this going to go? Instead, let's just see where we stand, either the Town and the people are with me, or they're not," he added.
Murphy also spoke about the site's parking, saying that he offers a free valet service and has several legal and verbal agreements with surrounding businesses to properly address his neighbor's concerns.
Included in those arrangements are two verbal agreements with abutter Executive Glass and Pediatric Dentist Eugene A. Mickey of 67 Montvale Avenue. In return for allowing those businesses to utilize the Plaza's parking lot during the day, Murphy is allowed to use the approximately 45 parking spaces of the two locations at night and during the weekends.
Murphy also has a lease agreement with Maple Street's Clear Channel Outdoors to utilize their parking lot, which contains several hundred additional spots, according to the owner.
"It's just an example of all of us neighbors working together to address a common problem," said Murphy of the parking agreements. "Everybody has to work together to solve the problem instead of sitting here fighting. We do everything possible we can to make sure cars don't park over there (Montvale Place). Whatever it takes to make sure there's no parking over there, I'll do. I'm not here to do war, I'm here to do business," continued Murphy.
Bolstering Murphy's arguments, Stoneham Police Safety Officer Larry Rotondi claims that he has never received a complaint about the parking situation at Montvale Plaza.
"We haven't had any complaints down there. I think the guy does a good job moving the traffic and keeping the cars moving," commented Rotondi.
In addition to Rotondi, Argiro claims that the Building Department has also never received any complaints about parking.
"I haven't ever heard of cars being towed out of there when there's a function. I don't think since he's been there we've had any complaints about the parking over there. Parking is a zoning issue so if there's a problem, at some point we'd hear about it," Argiro explained.
Despite Murphy's parking agreements, the Town's by-laws don't allow for businesses outside of the Central Business District to use off-site parking. Because of that limitation, Murphy is also seeking to change the zoning designation so that such agreements are recognized by the Town.
Although the Board of Selectmen deferred its official recommendations on the article to the Town's Planning Board, several board members spoke in favor of passing the articles.
"It's a shame he has to go this route but lots of people are behind him. He's always been a good businessman. He donates to all sorts of charities like Pop Warner Football and Youth Hockey. He just runs a great business and he worked his tail off over there to bring that place back to where it should have been," said Selectman Charlie Smith.
"It just seems awfully fishy that there's questions about the parking after all these years as a function hall," Smith added.
Both Selectmen Cosmo Ciccarello and Tony Kennedy also personally endorse the article.
"Personally, I value having Marty Murphy in the Plaza and in Town. It's just a beautiful facility. If I had to vote, I would vote for the change of zoning. I think it's extremely unfair to Marty to take it away from him after he bought it and fixed it all up," Kennedy remarked.
Walking through the vacant hallways and banquet rooms of the Montvale Plaza, Murphy commented on his worst fears.
"Look at these floors, you could eat off of them," joked Murphy with a proud smile. "Every night I go home shaking my head, saying, 'this place has been here for 40 years and now it doesn't belong?' I just feel like I'm being railroaded here by this guy (Feuer). It's like David and Goliath and he just wants to stomp all over me...After putting in my life savings, God forbid something happens. I have no where to turn to," said Murphy, who collected nearly 700 signatures from persons supporting the two warrant articles.
Subscribe and get Home Delivery of The Independent
Save 36% off the newstand price — that's like 18 FREE issues!