A More Diverse Brookline ZBA.
By Jim Conley • Oct 12th, 2007 • Email This Post to a Friend •
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Archie has a new installment in his “World of Brookline Zoning” series. He calls for more (vocational) diversity on the ZBA, in the wake of the hissy fit resignations of last week.
Jim Conley is publisher of On Brookline.
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The ZBA, is necessary after the inappropriate action of a developer or denial of building plans as this non lawyer and life long resident of P. R. of B. sees it.
What is necessary is a STANDING COMMITTEE of members of all departments where a citizen can voice complaint of perceived irregularities. w/Standard Operating Procedures for the halting of work by a 24/7 Zoning representative. Rather then have a Police Officer respond and say “This is a civil matter” I can’t do anything.
With a reply to the citizen about resolution of issue, while maintaining the individuals privacy.
Illegal construction begins at NOON on Friday since Town is closed from noon on!
Questions about safety: Illegal Left from Harvard St., behind SS Pierce Bldg. over DOUBLE YELLOW LINES. (halts traffic, encourages J-walking, breeds ROAD RAGE!)
SAFETY OFFICER should advise (if not write citation) about the Illegal nature and DANGERS OF ‘J-Walking!’ Dogs and children need Police to protect them from parents or child care workers on cell phones. How many more street lights can be errected? One is needed is Green St., dedicated to walkers timed to Beacon St. and the elemination of the pressure switch at Devotion School.
Unsafe conditions: Plantings, signs and newspaper dispensing machines which obstruct view of traffic which inhibits safe mergers.
Investigating Illegal renting to more then 3 unrelated persons.
A policy of Fire, Police and other ‘first responders’ to secure the name of all individuals on a lease or occupying any site requesting help to eliminate ILLEGAL and UNSAFE Housing conditions, with active follow up on overcrowding situations.
PLEASE send my $25,000 consultant fee in time to do my “First Light’” Shoppin’ at one of the “FEW BANKS” at Coolidge Corner.
The Selectmen at their Tuesday, Oct. 16th meeting will interview four (4) candidates for appointment to the ZBA:
Anna Cristina Wolfe
Jonathan Book
Mark Zuroff
A. Joseph Ross
What do these candidates have in common? WHY THEY ARE ALL ATTORNEYS! As for diversity, one is a woman and another has a real beard. I shall have to cross-check my list of “Usual Suspects” to determine whether or not they qualify to serve our Town.
A property owner seeking a special permit and/or variance is generally advised to meet with neighbors – especially abutters and abutters to abutters – to evaluate their reactions. Such advice may come from the Town (via Planning or Building Department personnel) or from an attorney who may be engaged as the “go-to” attorney for zoning matters in Brookline.
Let’s say one such neighbor just happens to be a ZBA member (including an alternate). Is the ZBA neighbor thereby placed on the spot? Does the property owner know this neighbor is a ZBA member? If so, might this visit be part of a “co-option” strategy, perhaps inspired by the “go-to” attorney?
Should the ZBA neighbor decline opining on the property owner’s proposal? Should the ZBA neighbor recuse herself from serving on a ZBA panel that might be considering the special permit and/or variance? Perhaps the ZBA neighbor as a matter of personal policy declines to participate if the property is in her neighborhood. The ZBA neighbor may not wish to antagonize the property owner, especially if the ZBA neighbor happens to be an attorney who may welcome a potential new client, for other than ZBA matters of course.
While they serve in a quasi-judicial capacity, ZBA members differ from judges. But they still must take care to remain objective when they serve on a ZBA panel.
I have long been curious as to how ZBA members deal with private contacts from applicant, dissidents, Selectmen, TMMs, other Town officials, etc, on zoning matters that they may be addressing. Do they welcome such contacts or discourage them? Do they record such contacts, just in case the issue of contact is raised? In a small town, avoiding such contact may be difficult, unlike Brookline with its sizable 55,000 plus residents. Do such contacts occur here?
Tomorrow’s BOS meeting (Oct. 16th) includes Item 17:
Legislation Providing for a Zoning Enforcement Officer (Petition of A. Joseph Ross)
Any guesses as to how the Selectmen will vote on this as well as Joe’s willingness to serve on the ZBA?