The Banana Republic of Brookline.
By Jim Conley • Jul 31st, 2007 • Email This Post to a Friend •
Print This Post
• Email this author
Another day and another resident is forced into Court to appeal a Brookline Zoning Board of Appeals decision. The developer of the controversial residence at One Somerset Road has appealed the Board’s re-opening of a case to revoke the building permit there.
Set aside for a moment the alleged disregard for zoning laws displayed by the developer in this case, and you’ll see that he was screwed by the Board. They decided in his favor, received a lot of heat from residents and re-opened the case to overturn their previous decision. The latter, based on a rather specious argument made by Town Counsel Jennifer Dopazo.
Folks, in business terms the lack of consistent zoning enforcement in Brookline is to the responsible developer what setting up in a third world country is to any other business. It’s too risky…because of the corruption, uneven enforcement of regulations and political instability. And in order for a banana republic to work, those in decision-making roles must act as nothing more than stooges for a select group within the moneyed interests.
It’s time to realize that we get the government we deserve.
And if we miss the opportunity on election day (May 2008) to change things, we deserve to be the laughingstock our local government has contrived for us.
Jim Conley is publisher of On Brookline.
Email this author | All posts by Jim Conley
I don’t know if the ZBA’s decision has been filedas yet. I assume that it may have been drafted by Town Counsel, who would have probably drafted the ZBA decision for the first hearing on this matter. In fact, it is possible that Town Counsel may have prepared a draft ZBA decision BEFORE the rehearing. If so, I would be curious as to Town Counsel’s approach to compare it with the ZBA decision following the rehearing. Perhaps the developer’s appeal of the rehearing referenced in the post may reveal, via discovery, what may not have gone on in public view between the initial decision of the ZBA and the rehearing. Indeed, there are due process issues.
But what if the ZBA decisions were prepared by the ZBA members, most of whom are attorneys with much longer legal experience than Town Counsel? I can imagine that this might interfere with their lucrative day jobs, understanding at the same time that they are “volunteers” in their service as ZBA members. But is Town Counsel in a position to read the minds of the ZBA members in their open meeting deliberative process in rendering their oral decision when details making up the written decision may not be reflected in the transcripts of the hearing/rehearing? Is Town Counsel wearing her fedora as counsel to the ZBA or as counsel to the Selectmen in this role? I wonder how Town Counsel communicates with ZBA members in the process of drafting ZBA decisions? Does Town Counsel also communicate with the prevailing party (or such party’s attorney) in an effort to make the ZBA decision “bulletproof” on appeal?
Zoning, zoning, zoning! A complex, and very, very difficult
issue! If we can’t have every expectation that a violation will be caught and prosecuted it’s like all the other laws that go unenforced. J-Walking. Crossing double yellow lines to facilitate the illegal Left on Harvard St., behind old SS Pierce Bldg. Why can’t we be like the CITY of Somerville with a central 800 number to call to make a COMPLAINT, report a suspected CODE violation or request Information and get an answer when investigation is completed?! Why in Brookline does one have to call back at 4pm to talk to the Building inspector for the effected area? Starting at NOON time on Friday, violations begin, by Monday the violation is done! Never any feedback! The Building department seems to have a different interpretation of what constitutes a LODGING HOUSE from what the laws definition is. Now that’s the stuff Rent Control was built from! PARTY HOUSES, this weeks TAB story is case in point! Didn’t a selectman represent an illegal Lodging House a while back? Or was this in another country, aaah, neighborhood! CC is more aptly called SHABBY CORNER! Just who’s bright idea was brick VENEER for our sidewalks? Somebody who saw them in Florida? They were in sand so the water would run off! Not cement, remember FREEZING and THAWING? Certainly not handicap friendly! Elimination of parking in front of B&B and MD’s offices on Beacon St. And how much revenue was lost by postponement of the ticket fine increase and the merchant FREE PARKING SCHEME? Were our town Mammas and Papa’s trying to FORCE REDUCED INCOME to justify a Prop 2.5 override? We need a full time Mayor who will be responsible to the voters for his job!