Board of Selectmen: interviews and warrant articles

A regular meeting of the Board of Selectmen on Tuesday, October 14, started at 6:30 pm in the sixth-floor meeting room at Town Hall. There were no reports from departments or organizations. There were reviews, public hearings and recommendations for 10 of the 20 articles coming before the town meeting that starts November 18.

Announcements, contracts and interviews: The Health Department provides flu clinics this season on October 28 and 29, November 9 and December 4 at the Senior Center, Baker and Devotion schools, and the Health Center. Public Works and Planning administrators got approvals for a total of $0.05 million in contracts, the largest of them with Robicheau of Roslindale for work at Waldstein Park.

The board interviewed several candidates for appointments: two for Arts, one for Public Health Advisory, one for Naming and three for Diversity, Inclusion and Community Relations–created at this year’s annual town meeting to replace the former Human Relations/Youth Resources Commission and recently approved by the state’s attorney general. Twelve commissioners are authorized, none appointed yet.

Warrant article, disorderly conduct: Article 8 for the November 18 town meeting, submitted by Daniel O’Leary, the chief of police, seeks to revise Brookline’s bylaw on disorderly conduct. An earlier review September 30 left unanswered questions from members of the board. This time Mr. O’Leary was assisted by Patricia Correa, an associate town counsel, and by town meeting members long interested in the issues.

Ms. Correa had distributed a 6-page memorandum outlining state and federal court decisions from 1967 to the present that indicated revisions to town bylaws were needed. One clarification would remove the term “quiet enjoyment” but retain and define “disturbing the peace” in line with the decision in Commonwealth v. Orlando. [373 Mass 732, 1977]

Martin Rosenthal, a Precinct 9 town meeting member and former member of the Board of Selectmen, represented defendant David Orlando of Norfolk County in the 1977 case, which he lost at the state supreme court. The court found the statute being challenged constitutional, holding that it provided reasonable notice about forbidden conduct. The 1977 decision refers to “activities which…most people would find to be unreasonably disruptive and…did…infringe someone’s right to be undisturbed.”

Mr. Rosenthal recalled the circumstances of the 1977 case and recommended to the board that the proposed bylaw would be effective and defensible. He was supported by Nancy Heller, a Precinct 8 town meeting member who had raised issues during a 2013 town meeting debate over the bylaw. This time the board seemed satisfied that lingering issues had been addressed and voted unanimously to recommend Article 8.

Warrant article, noise control: The board heard from Fred Lebow, a former town meeting member, about Article 9, in which he proposes revisions to Brookline’s noise control bylaw. It is the same proposal that was rejected at this year’s annual town meeting in a unanimous vote of No on a main motion–a very rare event.

Mr. Lebow, an acoustic engineer, still wants to make life easier for fellow engineers by exempting them from night-time work–instead, estimating night-time noise by adjusting the amount of noise measured during the day. Mr. Lebow tried to convince the board about his approach by showing that the bylaw already uses a similar approach when measuring noise from “fixed equipment,” but it sounded like a tough sell.

Mr. Lebow’s article would completely exempt any leafblower from regulation that is not handheld or carried in a backpack. Board member Betsy DeWitt did not seem to favor weakening standards. She said, “My neighbors come to me with complaints: leafblowers used out-of-season…The torture moves around during the day…Two operating together is pretty painful.”

Mr. Lebow also wants to allow noise meters that are calibrated to European (IEC) standards rather than to U.S. (ANSI) standards. He claimed they are “the same,” but they are not. According to Pulsar Instruments, a dealer in precision sound equipment, “USA standards…are usually VERY different…[from] IEC standards and are often incompatible.” It came out that one of Mr. Lebow’s problems is that he happens to own a European meter.

For whatever reasons, Mr. Lebow’s proposals appear likely to weaken or undermine Brookline’s noise standards and make them difficult to apply accurately. Andrew Fischer, a Precinct 13 town meeting member, objected to the proposed changes, saying, “We don’t want loud leafblowers…We want effective noise enforcement…This pokes holes through the ability to enforce.”

Warrant article, commercial recycling: Alan Christ, a Precinct 4 town meeting member, came to argue for support of Article 10. It proposes that businesses in Brookline be required to recycle in the same ways as residences. Kenneth Goldstein, the board’s chair, objected that most businesses are tenants and that requirements should apply to property owners, saying, “You should be talking about the landlords.”

Mr. Christ did not seem to understand the distinction, but Andrew Pappastergion, the Public Works director, clearly did. Most commercial properties, he explained, are being served by private waste haulers, who do not provide recycling now. “We do offer it,” he said, “but we offer only one pickup per week.” He maintained that the issues were complicated. “DPW supports the intent of the article, [but]…just adding the word ‘commercial’ [to a Brookline bylaw] does not provide proper enforcement.”

Celinda Shannon, who became executive director of the Brookline Chamber of Commerce about a year ago, spoke in support of commercial recycling. However, she said she was “concerned with practical and financial issues.” Board member Betsy DeWitt recalled, at the time of the “plastic bag ban…[last year], discussions about implementation plans.” “That’s right,” responded Ms. Shannon.

Mr. Pappastergion said he was wary of trying to take on too many solid-waste issues in short order. As he put it, “We’re going to be requiring a very large culture-change in the community.” Last May 14, at the complaint session DPW holds before an annual town meeting, Mr. Pappastergion had announced a trash metering proposal, which he also described at a June 10 meeting of the Board of Selectmen.

Warrant article, Zoning Appeals notices: Bobbie Knable, a Precinct 11 town meeting member, spoke for Article 13, on Zoning Appeals notifications, which she and Ruthann Sneider, a Precinct 6 town meeting member, had filed. She recounted a case in her neighborhood when abutters could not learn of continuances for a case or learn about an applicant’s withdrawal. Her article would require notices sent to town meeting members,

Alison Steinfeld, the planning director, said some problems had already been addressed. If an Appeals panel now grants a continuance, it is to a “date certain” announced at the hearing where the continuance is granted. She said “minutes” of Appeals sessions were being made available online. When board member Betsy DeWitt looked up a recent case on the spot, using a portable computer, she found no such thing.

Ms. Steinfeld seemed to back away, saying there was “a summary of the prior night’s meeting on the Web site.” There are no minutes online now. The online records just say, in general, what type of development was being proposed–such as “basement expansion” or “house addition”–and whether an appeal was granted or denied.

The online records do not say who sat on an Appeals panel, who spoke at a hearing or what they said. They do not even describe special permit and variance requests–such as 3 feet less rear setback than required under Table 5.01 for an accessory structure in an S-7 zone. If conditions are imposed, they do not tell what the conditions are. Ms. Steinfeld promised improvements.

Warrant articles, naming and resolutions: The board voted to recommend no action on Article 14, naming part of Cypress Playground as Hennessey Fields, and instead to recommend an alternative filed for a “special-special” town meeting, also scheduled for November 18. The board voted to support Article 17, a resolution asking the town to select health-conscious LED lamps for its lighting programs. It had heard arguments at a public hearing October 7.

Stephen Vogel of Walnut St. spoke for Article 18, proposing a resolution in support of the rights of domestic workers. He previously described it at length to an Advisory subcommittee. Edward Loechler, a Precinct 8 town meeting member, and Carol Oldham, a Precinct 11 town meeting member, spoke for Article 19, proposing a resolution against natural gas pipelines and explorations in Massachusetts.

Article 19 has oddities. Natural gas, it claims, “is a non-renewable fossil fuel which generates significant carbon emissions.” The proponents cited no renewable fossil fuels nor any ordinary substance that does not produce carbon [dioxide] emissions when burned. They appeared unfamiliar with recent research showing the U.S. distribution of atmospheric methane spiking in the Southwest but very low in New England.

UsMethaneEmissionPhoto2006

Source: National Aeronautics and Space Administration

Board member Ben Franco seemed skeptical. Without natural gas, he asked, “Can renewable energy fill the gap?” Dr. Loechner maintained there was unused capacity in existing gas pipelines but did not distinguish between average and peak demands. Ms. Oldman mentioned transport of liquefied natural gas on ocean-going ships but did not explain that much energy has to be spent on liquefaction. The article sounded in need of study.

– Beacon staff, Brookline, MA, October 16, 2014


Warrant for Special Town Meeting, November 18, 2014, Town of Brookline, MA

Warrant explanations, November 18, 2014, town meeting, Town of Brookline, MA

Craig Bolon, Household workers: not just respect, Brookline Beacon, October 1, 2014

Craig Bolon, Recycling makes more progress without trash metering, Brookline Beacon, April 11, 2014

Eric Holthaus, Desert Southwest is burping methane, VNV Advisory (Slate), October 10, 2014

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