State Rep. Paul McMurtry said he agrees with selectmen's decision to seek Town Meeting approval for more alcohol permits as a way of breaking the deadlock over one for Wegmans supermarket at its proposed Westwood Station location.
"I wholeheartedly support (the new petition)," the Dedham Democrat said yesterday. McMurtry's district includes Westwood,
The Wegmans permit, which requires the Legislature's approval, has been stuck on Beacon Hill. Readville Democrat Angelo Scaccia has objected to it on the grounds that it would give Wegmans an unfair advantage over Roche Bros. supermarket, which does not have a beer and wine permit for its Westwood store.
To help resolve the issue, Westwood selectmen have agreed to call a session of Town Meeting for Oct. 21 at which the body will consider two separate measures for adding as many as three beer and wine permits and two liquor licenses for local food stores.
Selectmen are sponsoring one of the petitions, which would allow for an additional three beer and wine permits for grocery stores. The other petition, sponsored by resident David Feyler, would open the town for two more full liquor licenses to be given to food stores.
Selectmen argue these measures would make alcohol licensing more open in town, thereby responding to the complaint that only Wegmans supermarket, if it were to be given a permit, could sell beer and wine along with food.
But even if either of the two petitions for additional licenses pass Town Meeting and the Legislature, Roche Bros. would not currently be able to apply for one of them.
Under Massachusetts law, chain supermarkets are prohibited from having more than three liquor licenses in the state.
Roche Bros. already has licenses for its Bridgewater, Norton and Sudbury stores.
It is unclear whether Roche would seek to transfer one of those licenses to his Westwood location.
The dilemma, commented McMurtry, would be an "opportunity for him (Roche Bros.) to do a business analysis."
McMurtry did confirm the dispute between Wegmans and Roche Bros. has led to rumors around the State House that legislation to reverse the decades-old three-store license cap may be drafted.
If that were to happen, McMurtry said, it is "yet to be determined" if he would support the measure.
Westwood voters in May approved a petition to give Wegmans the town's first license for purchasing beer and wine to be consumed off the premises.
This home rule petition would normally have been local and a routine matter for the Legislature to approve. But Scaccia has held it up, citing his friendship with the Roche family and a long list of good deeds it has performed in area communities. Roche Bros. has been in Westwood for 38 years.
Since legislators are in informal session until January, all measures passed at this time require unanimous approval, if a quorum is not present - which there almost never is at this time of year.
Scaccia signaled that he would vote against the bill, raising protest from Westwood officials that he was doing the bidding of Roche Bros. lobbyists.
McMurtry, in turn, successfully halted all legislative matters by consistently doubting the presence of quorum during informal sessions - a strategy that forces the chamber to adjourn if 81 House members are not present.
McMurtry has previously said he has adjourned meetings to stress the significance of the bill and "see that democracy is heard."
McMurtry yesterday said that he has been successful in capturing attention but "not in visible results."
The new petition put on special Town Meeting warrant for Oct. 21 was a "fairness and equity issue," said Selectman Philip Shapiro.
Selectmen are seeking to find middle ground between the warring lawmakers.
McMurtry said he doesn't necessarily view the petition as a compromise but he does see it as a resolution.
He praised the board's thoughtfulness on the matter.
Scaccia, in keeping with his media silence on the issue, did not return calls yesterday seeking comment on the new petition.
McMurtry, meanwhile, was hopeful that the issue may finally be put to rest. He said he is "confident" that Scaccia's "concerns and loyalties have been addressed."
The next informal session at the State House is scheduled for today, a McMurtry aide said, but it is unlikely the issue would be resolved so soon.
Selectmen have repeatedly indicated their willingness to help Roche Bros. and other local grocery stores obtain beer and wine licenses.
Roche Bros. owner Rick Roche, however, has publicly stated that he does not want to go through the home rule petition process - preferring, rather, a broad change in adopting the Chapter 138 law.
The law would open up liquor licenses in town and require businesses wishing to obtain a beer and wine license simply to apply to selectmen - rather than having to go through selectmen, Town Meeting and the state Legislature.
