Building Department Gets Some Muscle.
By Jim Conley • May 18th, 2007 • Email This Post to a Friend •
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I’ve always thought that real estate developers and their lawyers called the shots at Brookline’s Building Department; but, until now, I’ve been unaware that they provided the muscle for Department employees.
First, a little background. Over the past few weeks I’ve been hearing of a Brookline Town Meeting Member (TMM) who has been dogging Building Commissioner James Nickerson to enforce zoning and code regulations at 129-135 Brook Street, a multi-unit property owned by Alpha Realty’s Anwar Faisal.
Apartments at the address have been advertised as offering seven bedrooms and a “built in bar” that gives a “sophisticated club feel” so that tenants can “throw those parties that everyone wants to go to.” How would you like to live next to that? [see the craigslist.com listing]
There’s also some question as to whether basement apartments at the property were legally permitted by the Building Department.
The TMM, a direct abutter to the “party house”, has pursued questions on occupancy, zoning compliance and sanitary conditions at the property by engaging Brookline Town Hall. But in March, Boston Attorney Daniel Briansky (Faisal’s lawyer) sent a letter to the neighbor threatening, “a restraining order and costs against (her).” [read Briansky's letter]
I spoke with Attorney Briansky today and asked him why he sent the letter. He told me it was because (the TMM) “is harassing building officials about the property and they (the officials) want it to stop.” I then asked Briansky whether he thought he was going to pursue the restraining order on behalf of building department officials (given his previous statement that the TMM hadn’t harassed his client). He told me to contact the TMM.
That’s right. An attorney for a developer threatens a restraining order against a resident of Brookline because she wants the Town’s Building Commissioner to enforce the zoning by-laws and state safety codes. And apparently he thinks that he’s pursuing the order on behalf of the delicate flowers who work in the Building Department.
A disgrace on so many levels.
Jim Conley is publisher of On Brookline.
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Perhaps an answer to attorney Briansky’s letter with its demands is contained in the First Amendment to the US Constitution: “Congress shall make no law … abridging the freedom of speech or of the press; or the right of the people … to petition the government for a redress of grievances.” The US Supreme Court has construed the 14th Amendment to apply the limitations of the First Amendment to the states. While these First Amendment rights may not be absolute, prior restraint is granted by a court only in limited circumstanes involving imminent dangers to national security. It doesn’t appear as if the alleged harassment involves national security or anything close to it.