A regular meeting of the Board of Selectmen on Tuesday, March 3, started at 6:35 pm in the sixth-floor meeting room at Town Hall. Prior to the public session, the board held a closed session about “litigation.”
Hancock Village lawsuit: As reported in the Brookline Beacon, the Board of Selectmen have an aggressive lawsuit in progress opposing a large, partly subsidized housing project proposed for Hancock Village in south Brookline. As part of this effort, they have been working with a group of south Brookline neighbors. The property owner and manager, Chestnut Hill Realty, has been trying to use powers under Chapter 40B of Massachusetts general laws to override Brookline zoning and has been trying to bypass a 1946 zoning agreement with Brookline.
About two weeks ago, after more than a year of reviews and hearings, the Zoning Board of Appeals granted a comprehensive permit for the Hancock Village project, with several conditions. During their closed session on March 3, confirmed through south Brookline participants, the Board of Selectmen voted to file a new lawsuit, contesting the decision of Zoning Board of Appeals members Jesse Geller, Jonathan Book and Christopher Hussey, whom the Board of Selectmen appointed. The proposed project, they claim, “is poorly designed [and] will destroy the historical integrity of Hancock Village….”
Brookline, like most other Massachusetts towns, does not maintain legal expertise in the specialized area of Chapter 40B projects. The Board of Selectmen is considering “hiring outside counsel to pursue the appeal.” According to south Brookline participants, Jason Talerman of Blatman, Bobrowski & Mead has made contributions to the current lawsuit opposing the project, known as Brookline v. Mass. Development, which is pending in the Massachusetts Court of Appeals.
Contracts, personnel and finances: Joslin Murphy, the town counsel, got approval to transfer $0.08 million from salaries to contractual services. Her office has an unfilled position and has been employing “outside counsel” on several cases since July. During a budget review, Ms. Murphy said she was confident about being able to hire a “talented attorney” into a T-15 slot, but she has already gone eight months without hiring anyone.
Melissa Goff, who recently advanced to the job of deputy town administrator, reviewed the budget for the offices of town administrator and board of selectmen. There is little change from the current year. Mel Kleckner, the town administrator, would like to spend an extra $0.01 million to join an association of Massachusetts mayors, even though he is not a mayor. He won’t spend it unless Brookline voters pass a tax override this May.
The board approved a policy change for spending allocated from the “Boston Marathon fund,” contributed by the Boston Athletic Association in compensation for Brookline’s expenses on Marathon Day. The new policy is less restrictive, allowing spending for “community purposes…including youth and recreation.”
– Beacon staff, Brookline, MA, March 4, 2015
Craig Bolon, Hancock Village: development pressures, Brookline Beacon, February 22, 2015
Comprehensive permit for The Residences of South Brookline, LLC, on the site of Hancock Village, Zoning Board of Appeals, Town of Brookline, MA, February 20, 2015 (4 MB)
Town of Brookline and others v. Mass. Development Financing Agency and others, Massachusetts Court of Appeals case 2014-P-1817, filed November 14, 2014