Fahrenheit 911 (2).
By Jim Conley • May 25th, 2007 • Email This Post to a Friend •
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Based on interviews I’ve done, here’s the story on the dust up that occurred at the Brookline Zoning Board of Appeals hearing last night.
The docket for last night featured a hearing on whether to enforce a building permit violation at the single family residence at One Somerset Road. At issue is whether the developer overbuilt (according to Brookline’s Zoning By-law) by finishing out the attic (complete with recessed lighting) and the basement (and its abundance of room quality windows, etc.).
Those in attendance listen for nearly 90 minutes as the developer is grilled by ZBA members on his practices; with some Board members even going as far as to imply that the developer has been duplicitous in his dealings with the Town’s Building Department.
After the public hearing is concluded, ZBA members Diane Gordon, Lawrence Kaplan and Jesse Geller begin to deliberate the matter. Gordon makes the argument that a decision to enforce would not stand up in the Land Court, and the Board might as well save everyone the bother. It takes only three minutes for them to decide in favor of the developer.
Then things take a turn for the worse. Shocked by the decision, principally because of the tone of the questions and comments by the Board, Town Meeting Member Ruth Ann Sneider approaches the microphone (as the ZBA panel is packing their belongs for an exit) and says to Gordon: “That was a bad decision.” Gordon turns away. She says the same to Geller, he turns away.
Kaplan does not turn away, and yells something to the effect of: “Do you think this is easy?”
Sneider replies by suggesting that he (Kaplan) resign.
Kaplan then approaches the area where Sneider is standing and begins to loudly lecture her on zoning regulations and asks what qualifies her to make a judgment on the decision.
Those who are leaving the hearing room re-enter to see what all the fuss is about. It is at this point that Town Meeting Member Arthur Conquest attempts to intervene on behalf of Sneider (a five foot grandmother). Kaplan then protests that Sneider was yelling at him. Kaplan and Conquest are in close proximity to one another, and Kaplan is red hot.
After a few minutes of this, Kaplan yells for someone to call the police. It’s not clear who made the call, but 911 is engaged and the police rush to Town Hall (one source tells me that someone tells Conquest he’s going to be arrested for assault).
The group who had been involved with Kaplan then makes for the elevator. Upon arriving at the ground floor, they come upon several Brookline police officers boarding the other elevator. Conquest is the first off and he tells the officers, “It’s over; we’re leaving.”
One officer immediately isolates Conquest from the group and propels him near a wall. Seeing this, Sneider raises a hand to protest Conquest’s treatment and she is handled by another officer who is yelling, “She touched me, she touched me.”
Then the group watches as Kaplan is escorted from the building by two police officers.
Jim Conley is publisher of On Brookline.
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This is wrong on so many levels which are obvious. But here’s one that’s not so obvious - why doesn’t this board stand for election?
The detail reported in this post suggests that the public hearing had concluded when the situation arose. Since Diane Gordon was part of the ZBA panel, she presumably served as Chair, and not Lawrence Kaplan, an alternate ZBA member. So Kaplan’s call for the police would seem not to have been under the state statute that I had alluded to in my comment on the first Fahrenheit 911 post. The scene was not witnessed by the police so it would seem to have been a “he said, she said” situation. So it is curious that Arthur Conquest was “isolated’ by the police. Perhaps someone had alerted the police concerning Mr. Conquest. But the police were not witnesses to the incident. Kaplan may be well versed in the law but it seems that he may be overly sensitive, especially since he may think that what he does as a ZBA panel member is not easy. If Mr. Conquest was coming to the assistance of Mrs. Sneider, then he is to be lauded.