Category Archives: Development

real estate development

Land Court: Dueling boards, Selectmen v. Zoning Appeals

At the Massachusetts Land Court, the Brookline Board of Selectmen faced a motion to remove Town Counsel Joslin Murphy and members of her staff as their representatives in a lawsuit they had filed against members of Brookline Zoning Board of Appeals. It’s a strange case, essentially one town board suing another.

After hearing arguments starting at 10:30 am Thursday, September 3, Judge Gordon Piper indicated he would allow the motion unless the Town of Brookline provides its zoning appeals board legal representation in the case before the end of September.

Hancock Village controversy: Chestnut Hill Realty of West Roxbury, through subsidiaries, originally proposed building 466 new apartments on parts of Hancock Village in south Brookline. After false starts, they reduced the scope of the project and proposed using powers under Chapter 40B of the General Laws, Sections 20-23, to override Brookline zoning in return for building partly subsidized housing.

On February 4, 2015, after more than a year of hearings, Brookline’s zoning appeals board voted unanimously to grant a so-called “comprehensive permit” to build 161 apartments plus 292 parking spaces. There would be a high-rise structure over a rock outcrop, previously considered unbuildable, plus low-rise structures on unbuilt land that had been reserved as “buffers” following 1940s agreements with the Town of Brookline.

In a closed session at a meeting March 3, as confirmed by participants, the Brookline Board of Selectmen voted to sue the Brookline Zoning Board of Appeals. A complaint was filed in the Massachusetts Land Court on March 11, seeking to annul and revoke the permit: Town of Brookline and others v. Jesse Geller, Member of the Brookline Zoning Board of Appeals, and others. That became Land Court case 2015-MISC-000072.

The Town of Brookline stands directly affected by the permit partly because it owns two abutting properties: Baker School land and D. Blakeley Hoar conservation land. Other plaintiffs in the case are residents who own abutting private property. Main defendants are the zoning appeals board members who voted to grant the permit: Jesse Geller, Christopher Hussey and Jonathan Book–named in their roles as town officials. Other defendants are the Chestnut Hill Realty subsidiary awarded the permit: Residences of South Brookline, LLC.

Legal representation: The Board of Selectmen opposed the Hancock Village project throughout 2014 and, so far, 2015. However, that board assisted the zoning appeals board with services of outside counsel, who attended hearing sessions and offered advice. The Board of Selectmen approved several requests to the Advisory Committee for reserve fund transfers to pay for outside counsel. Funds went through both the Legal Services department and the Planning and Community Development department.

According to online town records, during fiscal 2014 and fiscal 2015 Brookline paid two firms who advised the zoning appeals board a total of $295,121 for services: Krokidas and Bluestein, of Boston, and Edith M. Netter and Associates, of Waltham. The lawyers who attended the appeals board sessions were Samuel Nagler and Kathryn Murphy from the Boston firm and Edith Netter from the Waltham firm. All testimony and advice was in public sessions recorded by Brookline Interactive Group.

At Land Court this week, Judge Piper appeared familiar with the background of the Brookline case. Before arguments, he expressed concern that no legal appearances had been filed for the Brookline Zoning Board of Appeals members and that no counsel attended the hearing to represent their interests.

According to communications, Judge Piper said, legal appearances were supposed to have been filed in June. Brookline Town Counsel Joslin Murphy responded that there was “no funding in place.” Judge Piper asked, “Was it requested?” Ms. Murphy said, “Selectmen were asked for support…they did not authorize any.”

Kevin O’Flaherty, representing Chestnut Hill Realty interests, maintained that Ms. Murphy and her staff had “unwaivable conflict,” responsible to represent two boards with opposing outlooks. The judge asked where there had been practical problems. Mr. O’Flaherty contended there might be problems such as obtaining documents, noting there was no counsel to contact for the zoning appeals board members.

Ms. Murphy countered that “the town has responded to discovery requests.” She noted that all sessions and records of the zoning appeals board were public and that Brookline’s Department of Planning and Community Development had provided staff support to retrieve records. She said that “the chairman of the ZBA [Zoning Board of Appeals] did correspond with the court.”

Zoning agreement: Jason Talerman, representing other plaintiffs in the case, opposed removing Ms. Murphy and her staff from the Land Court case and noted a related case now pending in the Court of Appeals. A key issue in the Appeals Court case has been a 1946 zoning agreement between the Town of Brookline and the John Hancock Life Insurance Company, specifying enduring restrictions on Hancock Village development.

Mr. Talerman had previously raised the issue in a memorandum sent on December 31, 2014, to the Brookline Zoning Board of Appeals. As in that memorandum, under the 1946 agreement, he told Judge Piper, “The project as proposed would be impossible.” In its comprehensive permit, however, the zoning appeals board took no notice of the 1946 agreement.

Threat: After more than an hour of argument, Judge Piper seemed unmoved by the particulars and returned to his initial concern over lack of legal representation for Brookline’s zoning appeals board members, saying he found it “deeply troubling.” Board members, he said, were left “entirely speechless, unable to be heard.” Since the members are being sued in their official capacities, they are apparently ineligible to present arguments pro se as plaintiff or defendant individuals might.

According to Judge Piper, “The developer,” apparently meaning the subsidiary of Chestnut Hill Realty, “is limited in its ability to gain access to the minds of the [appeals] board…I will not rule at the moment, [but]…if there is continued inability to hear from the board…I will be strongly inclined to allow the motion.” If that threat were carried out, however, it would instead leave both the main plaintiff and the main defendants in the case unrepresented.

As acknowledged to the Beacon by Ms. Murphy, Brookline has several sources of funds, including her office’s budget for outside legal services, the contingency fund and “in the worst case” a request to the Advisory Committee for a transfer from the reserve fund. Ms. Murphy did not succeed with her most recent reserve fund request.

Mysteries: Partly owing to statements in open court from Ms. Murphy, mysteries remain. There is no docket entry in the case for a communication from Jesse Geller, who chairs the zoning appeals board. If he is ineligible to represent himself in the case yet did “communicate with the court,” then how, when and what did he communicate?

Records should say whom the Board of Selectmen asked for advice about a request to provide funds for outside counsel to represent members of the zoning appeals board in the Land Court case, also what advice was offered and what members of the Board of Selectmen had to say. How and why did members of the Board of Selectmen “not authorize any” funds to represent members of another town board with whom they disagreed on a key issue?

– Beacon staff, Brookline, MA, September 5, 2015


Town of Brookline and others v. Jesse Geller, Member of the Brookline Zoning Board of Appeals, and others, Massachusetts Land Court case 2015-MISC-000072, filed March 11, 2015 (click button to search public records, select Land Court Department and Case Number tab, enter case number “15 MISC 000072″ and click Search button, click any Case Number item for “15 MISC 000072″)

Complaint, Town of Brookline and others v. Jesse Geller, Member of the Brookline Zoning Board of Appeals, and others, Massachusetts Land Court, March 11, 2015

Town of Brookline, MA, FY2015 accounts, Vendor payments for KROKIDAS and BLUESTEIN LLP, August, 2015

Town of Brookline, MA, FY2015 accounts, Vendor payments for EDITH M NETTER and ASSOCIATES PC, August, 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 Finance Agency and others, Massachusetts Court of Appeals case 2014-P-1817, filed November 14, 2014

Jason Talerman to Brookline Zoning Board of Appeals, Re: Chestnut Hill Realty, Chapter 40B application, Brookline Department of Planning and Community Development, December 31, 2014

Irene Scharf and Jason Talerman, Testimony at Brookline Zoning Board of Appeals, February 24, 2014, see pp. 13 and 45-48

Advisory Committee: probing a disconnect, Brookline Beacon, July 29, 2015

Board of Selectmen: new members and leadership, Brookline Beacon, May 13, 2015

Board of Selectmen: Hancock Village, budget reviews, Brookline Beacon, March 4, 2015

Craig Bolon, Hancock Village: development pressures, Brookline Beacon, February 22, 2015

Board of Selectmen: Hancock Village, financial plan, Brookline Beacon, February 21, 2015

Zoning Board of Appeals: Hancock Village 40B conditions, Brookline Beacon, January 6, 2015

Zoning Board of Appeals: Hancock Village 40B, getting to Yes, Brookline Beacon, November 4, 2014

Board of Selectmen: opposing Hancock Village 40B, defending METCO, Brookline Beacon, September 17, 2014

Zoning Board of Appeals: architecture for Hancock Village Chapter 40B, Brookline Beacon, September 9, 2014

Judith Leichtner, Comments to Brookline Zoning Board of Appeals on proposed chapter 40B development at Hancock Village, September 8, 2014

Zoning Board of Appeals: Chapter 40B project at Hancock Village, Brookline Beacon, June 20, 2014

Brock Parker, Developer gets green light to pursue a 40B project in Brookline, Boston Globe, October 24, 2013

Board of Selectmen: two boards, changing colors

A regular meeting of the Board of Selectmen on Tuesday, July 14, started at 6:45 pm in the sixth-floor meeting room at Town Hall. The board has gone into semi-hibernation for the summer. However, the extra rest and vacations did not seem to help with what is striking some as crabby behavior, at least when dealing in public affairs. Like a chameleon, the board can seem to change colors when dealing with licenses, at least as seen by the general public, if not always as seen by the license applicants.

Discord: Nine Advisory Committee members gathered to witness a protest: vice chair Carla Benka, Janice S. Kahn, chair of the Public Safety subcommittee, Stanley Spiegel, chair of the Planning and Regulation subcommittee, Leonard Weiss, chair of the Administration and Finance subcommittee, Clifford M. Brown, Janet Gelbart, Fred Levitan, Neil R. Gordon and Steve Kanes.

Mr. Weiss spoke about lack of communication shortly before the annual town meeting this May. Not more than a day or two earlier, Andrew Pappastergion, the public works commissioner, had concluded negotiations starting in April for a new recycling collection and processing contract. He had settled a price about $200,000 per year above the budget the Advisory Committee published, which it was about to propose at the town meeting.

Since 1910, the Advisory Committee and its predecessor, the Warrant Committee, appointed by the moderator of town meeting, have served as Brookline’s finance committee. Under Section 16 of Chapter 39 of Massachusetts General Laws, the committee proposes budgets to annual town meetings. In between, it regulates use of the reserve fund. In Brookline, the same committee and its subcommittees also review, hold hearings on and make recommendations about all warrant articles for all town meetings.

Although Mel Kleckner, the town administrator, knew that the budget would go out of balance, he withheld information from the Advisory Committee and might have withheld it from the Board of Selectmen. As a result, the town meeting passed a budget with a major, structural deficit that likely could have been prevented. Mr. Kleckner admitted as much in a later exchange with Sean Lynn-Jones, chair of the Advisory Committee.

According to Mr. Weiss of the committee, that was a breach of trust. The committee, he said, “places great reliance on management representations…Some folks thought withholding information was a good idea…This experience has severely damaged my trust and respect in management.” Fallout included a hotly controversial reserve fund transfer, narrowly approved July 7, when another reserve fund request was denied.

Two members of the Board of Selectmen rushed to defend Mr. Kleckner, and none questioned him, even though all five current board members are Advisory graduates. Nancy Daly, the only board member not serving a first term in office, claimed, “This was not an attempt to hide information…A suggestion that we were trying to sweep something under the rug…was quite offensive.” She did not explain what that referred to.

Neil Wishinsky, chair of the board, made a long statement, concluding, “We try to act in good faith…use our best judgment…There was no bad faith.” In the message exchange, committee chair Lynn-Jones had asked Mr. Kleckner, “…did you consider letting the Advisory Committee know [in April]…budget recommendations might have to be revised?” Mr. Kleckner had responded, “Not at that time….”

Public affairs: Deborah Rivers of the Brookline GreenSpace Alliance described to the board proposed changes in the town’s “climate action plan.” However, from her descriptions alone, it was not clear what differed from the previous plan of December, 2012. An interactive form of the 2012 plan has vanished from the municipal Web site, but the conventional document for that plan remains available.

Comparing proposed actions in Appendix F from the 2012 plan with a new Appendix A of proposed changes showed a reduction in actions being considered. Gone, for example, was a 2012 proposal to “develop a program for replacement of…refrigerators, dishwashers, clothes washers” and a dozen other types of equipment. There are still no comparisons of costs with benefits, and there are no estimates for amounts of efforts involved.

Linda Hamlin and Steve Heikin from the Planning Board and Roger Blood from the Housing Advisory Board asked for authorization to file an application for a $15,000 state grant. Grant applications are routinely filed by town staff without authorization, and approval is sought only to accept grants. It was not clear why any such authorization was needed and why those members of other town boards had become involved.

Their presentation was mostly a replay from a recent meeting of the Housing Advisory Board. Without any explanation, however, the ante had gone up. Instead of less than $35,000–an amount intended to avoid public bidding requirements under state law–Ms. Hamlin, Mr. Heikin and Mr. Blood were now talking about a total of $50,000 or more–not saying why more money was needed or where a missing $35,000 or more might come from.

Although they used oblique language, the main strategy from Ms. Hamlin, Mr. Heikin and Mr. Blood was clearly to target Brookline neighborhoods for major development and to invite Chapter 40B developers whom they might prefer into Brookline to take over properties. Mr. Wishinsky, the board’s chair, seemed to catch on partly, saying such an approach would be “difficult”–involving “identifying specific sites” and “public processs.” However, he seemed to think the strategy involved zoning, when the intent of Chapter 40B is to override zoning, along with all other local permits.

Other board members were circumspect. Nancy Daly spoke about “a huge need in town for affordable senior housing.” Alison Steinfeld, the planning director, claimed Brookline could not focus on senior housing, apparently unaware such plans are authorized under federal law and had been recently announced for development at the Kehillath Israel site on Harvard St. With board member Bernard Greene not participating, the other four voted to approve filing a grant application.

Personnel, contracts and finances: Melissa Goff, the deputy town administrator, got approval to accept a $0.24 million state energy resources grant, intended to offset costs of energy-efficient lighting. Brookline is in the second year of street lighting improvements. In response to a question, Peter Ditto, the engineering director, said changes to street lighting are about 40 percent complete. The new grant, however, is to be used for other public facilities: the high school, the Tappan St. gym, the swimming pool and several parks.

Mr. Ditto got approval to accept $0.144 million in state funds for repairing winter storm damage to streets. He said all the work had been completed by June 30. At his request, the board also approved a $0.024 million contract with Superior Sealcoating of Andover for summer street maintenance.

Lisa Paradis, the recreation director, sought hiring approval for two lead teacher positions at the Soule Recreation Center. As board member Nancy Daly observed, there has been high turnover among the seven teaching jobs at the center. From participants, there have been some notes of morale issues. Responding to a question from board member Nancy Heller, Ms. Paradis said the average length of employment was 3 to 4 years. The board approved, with Mr. Wishinsky asking Ms. Paradis to “seek a diverse pool of candidates.”

Licenses and permits: After the board turned its attention to license applications, Mel Kleckner, the town administrator, left the hall. First up was Richard Nasr of Westwood, who operates the Ontrack Cafe there, seeking a food vendor license at 1633 Beacon St, to be called Square Deli. Such a license for prepared foods does not include restaurant seating or service.

Ms. Daly questioned the application for 2 am closing, calling that “pretty strange” for a sandwich and salad shop. However, as the application noted, the previous business at the site, a 7/11 market, had operated with 2 am closing hours. The board approved the new license with 2 am closing hours.

Adam Barnosky, a member of the law firm headed by Robert L. “Bobby” Allen, Jr., represented Peet’s, seeking approval for three outside tables and service for nine seats at 1154 Boylston St., formerly Starbuck’s. The board has become quite liberal about outside seating, even allowing it on some sidewalks. At this site, outdoor seating was planned on private space in a narrow strip adjacent to a sidewalk. The board approved, subject to another review of seating area dimensions by the Building Department.

A prime candidate for board attention this evening was a proposal for Waxy’s, a regional chain of restaurants with an Irish theme, to open at 1032 Beacon St. That had most recently been the site of a sometimes troubled Mission Cantina. Waxy’s submitted an ambitious proposal, asking for 122 indoor seats, 48 outdoor seats, up to 60 employees, full liquor service including a bar, 2 am closing hours all 7 days a week and recorded entertainment. It would become one of Brookline’s largest restaurants.

The chain was represented by Frank Spillane, a Foxborough lawyer. There turned out to be disconnects. The people named as managers on papers distributed for the license hearing were not actually expected to be the managers once the restaurant was open. The chain was still looking for someone. A main spokesperson at the hearing was a manager recently hired at another location who mumbled his name, although clearly it was not one of those names appearing on the license papers.

Members of the board had read a Brookline Police Department report calling attention to multiple problems at one of the chain’s current locations, in Foxborough. There had been a sale to a minor, drunken behavior by patrons and repeated license suspensions–at least one while that location was managed by one of the people named on license papers as a Brookline manager.

Lt. Hayes of the Brookline Police Department, who had investigated, recommended 1 am closing hours, security cameras and other license restrictions. Board members Nancy Daly and Ben Franco stated they would vote against the application as it stood. With Bernard Greene not participating, the application could not get a majority vote of approval. Mr. Wishinsky, the chair, called for public comment.

Steve Kanes of Carlton St., an Advisory Committee member, described widespread neighborhood concerns. They included noise, litter and smoking. A license, he said, should not allow outdoor entertainment. He mentioned late-night noise after closing, around the outdoor trash receptacle, asking for restrictions.

Joel Feingold of Beacon St., a next-door neighbor, said the former Mission Cantina had caused much more trouble for nearby residents than other business at the site: “a rude awakening” and “a difficult neighbor.” They ran until 2 am outdoors, he said, although licensed only until 11 pm. Outdoor litter and late-night noise had been chronic problems. He asked for no deliveries before 8 am if a license were granted.

James Franco of Amory St., a Precinct 1 town meeting member, asked for no outdoor service after 10 pm if a license were granted, intending that use of outdoor seating should end before 11 pm. Neil Gordon of Ivy St., also a Precinct 1 town meeting member, had similar concerns. Other neighbors recounted past problems and joined in asking for restrictions on any new license. The board was going nowhere with this application. Mr. Wishinsky announced the hearing would be continued to a future date.

Chickens: Brookline is not always so difficult for applicants. Illustrating the point, two evenings later the Zoning Board of Appeals considered an application at a location not far away, on Amory Street, asking for a permit to install a small chicken coop. There may not have been a similar application north of Route 9 during at least the past half century.

The applicants were the Gurock family, who opened the popular Magic Beans children’s store on Harvard St. in 2003, at the former site of Imaginarium. They now have five other locations in Massachusetts and Connecticut. The parents are seeking educational experiences for their children, said Sheri Gurock, describing measures the family plans to prevent odors and neighborhood disturbances (no roosters). Neighbors sent in letters of support, and there was no opposition. The board approved.

Located in the Cottage Farm historic district, the proposal also needed Preservation approval, which it had previously received. The district name was an 1850s invention of Amos Adams Lawrence (1814-1886), sponsor of the unusual development. It did not reflect any known historic farm that might also have raised chickens.

– Beacon staff, Brookline, MA, July 18, 2015


Memorandum from Melvin A. Kleckner, Town Administrator, to Sean Lynn-Jones, Chair, Advisory Committee, Town of Brookline, MA, July 13, 2015

Climate action plan, Town of Brookline, MA, December, 2012

Revisions to climate action plan, Town of Brookline, MA, July, 2015

Planning assistance toward housing (PATH), Massachusetts Department of Housing and Community Development, 2015

Kehillath Israel: renovation and Chapter 40B development, Brookline Beacon, July 9, 2015

Craig Bolon, Advisory Committee: reach for the reset button, Brookline Beacon, July 8, 2015

Housing Advisory Board: “smart growth,” $35,000 consultant, Brookline Beacon, June 25, 2015

Public Works: question time and complaints, Brookline Beacon, May 15, 2014

Kehillath Israel: renovation and Chapter 40B development

On Wednesday evening, July 8, representatives of the Kehillath Israel congregation announced at a public meeting held at the site that they were starting real estate development, in two parts. Part 1 renovates the synagogue building, dedicated in 1925, and adds about 10,000 square feet of support space on the north side. Part 2 builds an undisclosed amount of partly subsidized new housing, replacing the community center opened in 1948 and using Chapter 40B of the General Laws to override Brookline zoning.

Rabbi William Hamilton opened the meeting, saying the congregation was planning for a next century. The membership has shrunk from a peak of around 1,200 families in the 1950s to around 400 now. He introduced Joseph Geller, a landscape architect and developer, member of the congregation, Precinct 9 town meeting member and former member of the Board of Selectmen, who led most of the discussions.

Mr. Geller introduced Robert L. “Bobby” Allen, Jr., a local real estate lawyer, Precinct 16 town meeting member and former member of the Board of Selectmen with whom Mr. Geller served. Mr. Allen is representing the congregation’s legal interests in development plans. Asked about potential disruptions from pursuing development while nearby Devotion School is being rebuilt, Mr. Allen merely said it could be “a problem.”

According to Alison Steinfeld, Brookline’s director of community planning and development, about a year ago Mr. Allen met with members of the department for an initial discussion. Ms. Steinfeld said she did not know the amounts of housing Kehillath Israel might have in mind. Such a discussion, as well as such a meeting as happened July 8, are among steps in Brookline’s design review process for any development on Harvard St.

Location, location: Stories about a potential large housing development have circulated around nearby neighborhoods for many months, with a wide range of speculation about locations, amounts, sizes and heights. The presentation on July 8 settled only location: space now occupied by the community center, which representatives of the congregation called the “Epstein building.”

The current community center’s building outline is about 120 by 65 feet, plus a depth of about 30 feet for front entry and steps. If there were to be no further incursions past those perimeters, that could provide a gross area near 10,000 square feet per floor. A modern 4-story building, similar in overall height to the community center, might house around 40 medium-size apartments.

North Brookline neighborhoods have had two previous experiences with 40B developments. A private developer near the synagogue substantially scaled back initial plans and built a double wood-frame quadruplex at 107A through 113B Centre St. in the late 1990s, replacing a large house. Occupancy of these condominium units has proven fairly transient, with turnovers every several years.

After about seven years of disputes and negotiations, the development arm of the Roman Catholic Archdiocese of Boston scaled back initial plans for the former St. Aidan’s Church by about 60 percent and put up mostly modern, fireproof new construction around 2008. However, adaptive reuse, unprecedented for the Archdiocese, placed several apartments inside the historic church structure and preserved the large courtyard at the corner of Pleasant and Freeman Sts. and its huge copper beech tree.

Senior housing: Mr. Geller said Kehillath Israel was planning “senior housing”–favorable for a community in which escalating costs of public schools have been driving up budgets, leading to tax overrides passed this year and in 2008. While age-restricted housing is clearly a form of discrimination, under some conditions it is allowed by laws and regulations.

Massachusetts has had antidiscrimination housing laws for many years. They were partly subsumed by the federal Fair Housing Act, Title 8 of the Civil Rights Act of 1968 (PL 90-284). The original version of the law prohibited discrimination based on race, color, religion, sex or national origin in the sale and rental of dwellings. Other protected categories have been added.

Section 4 of Massachusetts General Laws Chapter 151B, “Unlawful Discrimination,” prohibits discrimination because of race, color, religious creed, national origin, sex, age, ancestry, veteran status, sexual orientation, marital status, children, handicap and receipt of public assistance or housing subsidy in the selling, renting or leasing of housing accommodations, commercial space or land intended for those uses. Fines are up to $50,000 per violation. Massachusetts regulations in 804 CMR 02 implement the law.

One of the few general exceptions in housing discrimination laws has allowed, after 1988, qualified “senior housing” developments, as modified under the federal Housing for Older Persons Act of 1995 (PL 104–76). Such a qualification requires 80 percent of dwellings to be occupied by at least one person who is 55 years of age or older. The federal qualification can be lost if that operating status is not maintained.

The Kehillath Israel congregation would almost surely be able to qualify a development as “senior housing.” Asked how the congregation might guarantee that “senior housing” will continue to qualify and operate that way, Mr. Geller said he expected there would be a continuing agreement with the Town of Brookline. By contrast, the management at Hancock Village in south Brookline has been moving away from “senior housing,” actively marketing to mostly foreign families with children. They are not planning “senior housing” as a part of their current Chapter 40B housing project in Brookline.

When a religious organization sponsors housing, some assume members and affiliates of the organization will become occupants or may be favored. Occupants of new housing at the Kehillath Israel site need not be Jewish or otherwise share some background that might tend to exclude people protected against discrimination. During controversy over redevelopment of the former St. Aidan’s Church, at least some former parishioners seemed convinced they would be favored to occupy new apartments there. Since that did not agree with housing laws and regulations, it did not happen.

– Beacon staff, Brookline, MA, July 9, 2015


Fair housing regulation, Massachusetts Office of Consumer Affairs and Business Regulation, 2015

Town elections: tax override for schools passes, Brookline Beacon, May 5, 2015

Craig Bolon, Hancock Village: development pressures, Brookline Beacon, February 22, 2015

Advisory Committee: reach for the reset button

Meeting on Tuesday, July 7, at Town Hall, starting at 6:15 pm, the Advisory Committee and its subcommittee on planning and regulation rejected a reserve fund transfer request from the Board of Selectmen and from Mel Kleckner, the town administrator, voting by 2 to 1 margins and more. Such outright rejections have been rare. This one seemed to surprise Joslin Murphy, the town counsel, and Melissa Goff, the deputy town administrator, who were on hand to make the case for the reserve fund transfer.

The request was for legal support related to potential taking of Hancock Village buffers in south Brookline as recreation land, proposed for study by a resolution from the annual town meeting this May under Article 18. The Board of Selectmen had been widely expected to set up an independent “blue ribbon panel” to consider the issue, since they are entangled in two lawsuits involving a Chapter 40B project at Hancock Village, overriding Brookline zoning, which they strongly oppose.

To nearly everyone’s surprise, Mr. Kleckner and members of the Brookline Board of Selectmen recently seemed to ignore conflicts in those matters, angling toward involvement in the recreation land issues, including their recent request for a transfer from the reserve fund. In effect as well as in words from some of its members, the Advisory Committee called on the Board of Selectmen to reach for the reset button and recast a potentially troubled approach.

Conflicts and bad faith: A land taking under powers of eminent domain can be held valid in Massachusetts when the land is part of a proposed Chapter 40B housing development. However, Brookline would need to be able to show that such a taking was in “good faith”–that is, mainly for a claimed and legitimate public purpose and not mainly to restrict a Chapter 40B development.

Such a case began about 44 years ago in Chelmsford. Its town meeting voted to take a parcel of land for conservation that was also the site of a Chapter 40B project for partly subsidized housing. The Supreme Judicial Court reviewed the case in Chelmsford v. DiBiase [370 Mass. 90, 1976]. It found, in part:

“A taking of land by eminent domain by a town in good faith and for a public purpose was valid notwithstanding a pending application to the board of appeals for a comprehensive permit to build low and moderate income housing on the land pursuant to General Laws Chapter 40B, Sections 20-23….”

According to the opinion in Chelmsford v. DiBiase, there were no material disputes over whether the town had acted in good faith–that is, mainly to take land for conservation purposes and not mainly to restrict a Chapter 40B development. In a later case, Pheasant Ridge v. Burlington [399 Mass. 771, 1987], disputes over “good faith” arose and led to a different outcome.

The Burlington Board of Selectmen apparently concocted a hasty justification for taking land by eminent domain at the site of a proposed Chapter 40B development. Massachusetts courts were not convinced by claims that the public purpose was legitimate but also considered circumstances under which the justification for a taking had been asserted, The Supreme Judicial Court opinion held, in part:

“…a municipal land taking, proper on its face, may be invalid because undertaken in bad faith…the record in this case…required the inference that the town, acting through its town meeting, was concerned only with blocking the plaintiffs’ development….”

Recreation land: The Brookline proposal for recreation land stands in the balance. Two situations are almost never identical. A Chelmsford case showed that a taking for recreation could succeed, while a Burlington case showed that conflicts of purposes might undermine it. Just after the recent town meeting, the town administrator and members of the Board of Selectmen set out in a sensible direction, along lines of past precedents in Brookline, keeping some distance from a study of recreation land.

More recently, ignoring the request of town meeting to act “in good faith,” they swerved toward wrecking the potential for a significant project. Some observers are already tending toward an interpretation of the changes as sabotage. Maybe, they say, the town administrator and members of the Board of Selectmen mean to block the recreation land proposal by linking it with their lawsuits and making it impossible to defend.

Regina Frawley, a Precinct 16 town meeting member and the principal petitioner for Article 18, told the full Advisory Committee, “The goal hasn’t changed…active recreation space in perpetuity.” The petitioners, she said, had been “very mindful to separate the fact the town had two law cases involving the property…the issue of bad faith versus good faith.” At town meeting, she recalled, “selectmen abstained from Article 18 so they would not contaminate the case…They had the power to create a ‘blue ribbon panel.’ After town meeting, they chose not to do that.”

According to Lee Selwyn, a member of the Advisory subcommittee, “The issues now are mainly factual…a citizen panel to develop a factual record is what the proponents of Article 18 had in mind.” At the recent town meeting, he said, “a clear majority” supported the article about recreation land. “It wasn’t close…a factual record supporting its legitimate use…would help to overcome a ‘bad faith’ claim.”

Len Weiss, an Advisory Committee member, contended, “We should vote against the reserve fund transfer. There’s money to be spent in the budget right now [and] no need to transfer money from the reserve fund.” Committee member Fred Levitan said that “in my tenth year [on the committee], I don’t recall reserve fund transfers in advance,” only seven days into a fiscal year.

In the end, the Advisory Committee denied the request for a reserve fund transfer by a vote of 16 to 7, with Alisa Jonas of Precinct 16 abstaining. Ms. Jonas has been described as a participant in a lawsuit brought by a group of south Brookline residents and linked with one of the lawsuits brought by the Board of Selectmen, opposing the Chapter 40B project at Hancock Village.

– Craig Bolon, Brookline, MA, July 8, 2015


Chelmsford v. DiBiase, 370 Mass. 90, 1976

Pheasant Ridge v. Burlington, 399 Mass. 771, 1987

Warrant report with supplements, May 26, 2015, town meeting, Town of Brookline, MA

Article 18, Brookline, MA, 2015 Annual Town Meeting, acted on May 28, 2015

Craig Bolon, Board of Selectmen: poisoning the well, Brookline Beacon, July 2, 2015

Craig Bolon, Hancock Village: development pressures, Brookline Beacon, February 22, 2015

Board of Selectmen: poisoning the well

On Tuesday, June 30, as recommended by Mel Kleckner, the town administrator, the Board of Selectmen voted to ask the Advisory Committee for $15,000 from the reserve fund on July 7, “for expertise in the study of eminent domain,” to be expended by the Office of Town Counsel. The request was prompted by approval at the annual town meeting of a resolution under Article 18, calling for the following main activity:

“…Town Meeting asks the Board of Selectmen to study and consider in good faith the taking under the powers of eminent domain [of] the two buffer zones presently zoned S-7 within the Hancock Village property, abutting Russett and Beverly Roads, for a permanently publicly-accessible active recreational space….”

Entanglements: A key problem with this request has been that members of the Board of Selectmen are plaintiffs in two lawsuits involving the Hancock Village property. They are suing a state agency that authorized the owner to propose a project under Chapter 40B of the General Laws, overriding Brookline zoning and other permits. They are also suing the Brookline Zoning Board of Appeals, for approving the project and granting a comprehensive permit.

If that were not enough, Nancy Heller, a newly elected member of the board, submitted Article 17 to the 2015 annual town meeting and argued it. It’s entitled, “Resolution in support of changes to the affordable housing law, Massachusetts General Laws Chapter 40B.” She and other petitioners explained, “…[We] have worded the resolution in a broad manner. The purpose is to give our legislators as much latitude as they need to work with other legislators to amend 40B….”

Thus members of the Board of Selectmen are entangled in attacks against both a controversial 40B project at Hancock Village and the key Massachusetts law enabling the project. This leaves high risks for any involvement they might have in proposals arising from Article 18, under which Brookline would consider taking currently vacant parts of Hancock Village by eminent domain, to be used as recreation land.

One of the common challenges against eminent domain is acting in “bad faith”–that is, for covert purposes other than those claimed. With the Hancock Village situation, the property owner could be expected to claim that members of the Board of Selectmen considered eminent domain in “bad faith”—mainly to restrict an unwelcome Chapter 40B development rather than mainly to acquire recreation land.

Anticipation and defenses: After the recent town meeting, many participants and observers anticipated the Board of Selectmen would appoint a study committee for Article 18, as they often do for other issues, and would then keep their distance from it.

It would need to become an independent “blue ribbon panel,” with no further involvement by members of the Board of Selectmen. Putting the issues in the hands of an independent panel could provide defenses against acting in “bad faith,” should a recreation land effort proceed and should eminent domain be used to acquire Hancock Village land.

For quite a few years, several iterations of the Board of Selectmen have swung the other way. Coached by ambitious town administrators, they have politicized almost every new board, commission, committee and council by installing one of their members on it, often naming that member as chair. Article 18 presented a situation where such a domineering brand of machine politics cannot work. It could obviously encourage claims of “bad faith” and could well destroy a project to acquire recreation land.

Precedents: After idling on Article 18 for a month and making a false start, Mr. Kleckner, who seems to know very little about Brookline history, tried to claim a committee was unlikely because the town no longer has a redevelopment authority to call on. The former Brookline Redevelopment Authority was indeed active in takings during the Farm Project and Marsh Project, but the Town of Brookline did similar work, too. Disputes focused on policies and costs; mechanics were not thought to be much of a stretch.

Under Article 25, the 1974 annual town meeting authorized taking land off Amory St. by eminent domain for conservation. The relatively new Conservation Commission had proposed the Hall’s Pond project and presented all the key evaluations and arguments to boards, committees and town meeting. Not long afterward, the commission did similar work for the conservation area now known as Amory Woods.

Like the Hancock Village buffers, the Hall’s Pond parcel was seen as threatened by development, yet it was intact and had never been built on. North of Route 9, Brookline had no conservation land then, and very little suitable land remained. At 3-1/2 acres, the site to the east of Amory Playground was about half the size of the Hancock Village buffers combined.

The Conservation Commission obtained advice from local lawyers, contracted for a land survey, commissioned independent appraisals, and prepared and submitted the 1974 town meeting article. Commissioners persuaded only two members of the Board of Selectmen, but they got help from the Planning Board and a unanimous endorsement from the Advisory Committee. Town meeting gave strong support, and a counted vote was not needed.

Poisoning the well: On June 30, Mr. Kleckner led members of the Board of Selectmen in an odd direction–at high risk of poisoning the well, though coupling them into “bad faith” maneuvers. They did not hold matters at arms length by appointing an independent committee. Instead, they voted to submit a reserve fund request for funds to be spent by the town counsel, who reports to them.

They expect to entertain discussions of the issues among the board–potentially some closed to the public, at which they may also be considering “litigation,” as their agendas often call out. According to Mr. Kleckner, they expect to couple investigations pertinent to recreation areas with those pertinent to potential school sites and possibly other town projects.

By failing to maintain a bright line of separation between recreation land proposed at Hancock Village and other town business, including lawsuits against Hancock Village development, recent actions by Mr. Kleckner and members of the Board of Selectmen stand at grave risk of poisoning the well. Ignoring the request of the town meeting to act “in good faith,” they are proceeding headlong toward wrecking the potential for a significant project. At least some will say that is what they meant to do.

– Craig Bolon, Brookline, MA, July 2, 2015


Warrant report with supplements, May 26, 2015, town meeting, Town of Brookline, MA

Article 18, Brookline, MA, 2015 Annual Town Meeting, heard and acted on May 28, 2015

Housing Advisory Board: “smart growth,” $35,000 consultant

A meeting of Brookline’s Housing Advisory Board on Wednesday, June 24, started at 7:30 pm in the first-floor south meeting room at Town Hall. All the current members except Kathy Spiegelman were on hand. Board members heard a presentation on Chapter 40R “smart growth” development and joined with Planning Board members in a continued review of Chapter 40B regulations, as asked at the town meeting in May. They are considering a consultant study estimated to cost $35,000.

Smart growth: Chapter 40R of Massachusetts General Laws and companion Chapter 40S are legacies from waning years of the Romney administration, trying to promote so-called “smart growth.” The catch-phrase mainly means development near public transit, reducing needs for automobiles. In the classic Massachusetts traditions, our hydra of state government grew a new tendril. It is currently headed by William E. “Bill” Reyelt, who is a Precinct 5 town meeting member in Brookline.

Mr. Reyelt illustrated his description of Chapter 40R to the housing board with computerized slides. The state is offering tiny incentives to communities that set up special “smart growth” zoning districts and approve housing development permits. They mainly amount to one-time payments of $1,000 to $3,000 per housing unit for each unit built beyond standard zoning.

Sergio Modigliani, a Planning Board member, observed that the cost of educating a student in Brookline schools averages around $18,000 a year. At that rate, state payments would be eaten up in at most a few months, while Brookline taxpayers would be exposed to uncompensated costs for at least a century. Maybe not so “smart.”

All Mr. Reyelt could offer was that Brookline might become “eligible” for partial compensation under a Chapter 40S program, but there is “no guarantee” of state funding. All the communities participating in Chapter 40R turned out to be smaller cities, far suburbs and rural towns. None are among the towns Brookline typically regards as peers, including Arlington, Belmont, Lexington and Winchester.

Chapter 40B regulations: As proposed by the Advisory Committee, last May’s annual town meeting referred a proposal to change Chapter 40B law and regulations to the Housing Advisory Board and the Planning Board, asking for a “plan for Brookline to work with other mature, built-out communities…to achieve a temporary ‘safe harbor’ status” from disruptive development, such as one proposed at Hancock Village. As the Advisory Committee wrote in its recommendation, that will take changes to state regulations.

Despite town meeting’s directions, the Housing Advisory Board looks to have taken off on a tangent. Instead of working on changing state regulations, members are considering a consultant study for a “housing production plan” to counter 40B development under current regulations.

Brookline already has such a plan, produced in 2005. Little of significance has changed since then. To satisfy current regulations, Brookline would have to develop more than 250 housing units a year that are subsidized to Chapter 40B levels. For the past 15 years, Brookline has averaged less than 10 such units a year.

Housing Advisory Board members estimated spending about $35,000 on a consultant study for a new housing production plan. However, they had not contacted any potential consultants. Instead, board member Karen Kepler, a lawyer, noted that a contract under $35,000 would be exempt from state public bidding requirements.

Virginia Bullock, one of the town’s housing project planners, said Brookline had a good chance of getting $15,000 from a new state grant called “planning assistance toward housing.” Board members speculated about how to wheedle money out of the Advisory Committee or how to bleed Housing Trust funds. Those are set aside to support subsidized housing units, not to stuff the pockets of consultants.

– Beacon staff, Brookline, MA, June 25, 2015


Matthew J. Lawlor, Chapter 40R: a good law made better finally starts showing results, Congress of the New Urbanism, October, 2006

Planning assistance toward housing (PATH), Massachusetts Department of Housing and Community Development, 2015

Craig Bolon, Hancock Village: development pressures, Brookline Beacon, February 22, 2015

Zoning Board of Appeals: Hancock Village 40B conditions, Brookline Beacon, January 6, 2015

Zoning Board of Appeals: Hancock Village 40B, getting to Yes, Brookline Beacon, November 4, 2014

2015 annual town meeting: budgets, bylaws and resolutions

Unlike last year, Brookline’s 2015 annual town meeting rolled along at a brisk pace and needed only two sessions–Tuesday, May 26, and Thursday, May 28–both starting at 7 pm in the High School auditorium. The generally progressive tones of Brookline civic engagement remained clear, and some of the musical theatre of years past returned for an encore. This is the one-hundredth year for Brookline’s elected town meeting.

Budgets: Disputes over budgets that roiled the winter workups to town meeting had evaporated after voter approval of a major tax override at the Tuesday, May 5, town election. Edward “Sandy” Gadsby, the moderator of town meeting, mentioned “controversy” over a three-word amendment to one special appropriation. The Advisory Committee proposed two changes to the “override” financial plan as proposed by Mel Kleckner, the town administrator.

In the traditional presentation of an annual budget, Sean Lynn-Jones, newly elected as chair of the Advisory Committee last winter, called 2015 “an interesting year.” He noted that new revenues were going to be involved in maintaining a stable budget, singling out parking meter and refuse fees. Mr. Lynn-Jones said he expects “fiscal challenges…another general override in three to five years…possibly a ninth elementary school…high school [expansion] at over $100 million, not $35 million,” as most recently estimated.

In the traditional response from the Board of Selectmen, Neil Wishinshy, recently elected as the new chair, said strongly contested elections, like those this year, “make our town and democracy stronger.” He spoke of new efficiencies contributing to a stable budget, singling out trash metering, which has been mentioned at official meetings but so far not detailed. Mr. Wishinsky called on town meeting members to “put aside narrow self-interest,” saying, “We live in the real world.”

Staff for preservation planning will increase from 1.8 to 2.0 full-time-equivalent positions, a budget hike of $14,119. It is expected to provide a full-time position for preservationist Greer Hardwicke. The Public Works budget for pavement markings got $2,673 more, to cope with after-effects from a harsh winter. Those had been wrapped into Advisory Committee motions. A $264 million spending plan sailed through, mostly on voice votes.

A three-word amendment to a $100,000 special appropriation had been proposed by Craig Bolon, a Precinct 8 town meeting member who edits the Brookline Beacon. Offered on behalf of Brookline PAX, it asked that a study of Coolidge Corner parking be done “with neighborhood input.” Town meeting agreed in a unanimous voice vote.

Instead of parochial concerns with Public Works, this year’s town meeting focused more on the Police budget. Lynda Roseman, a Precinct 14 town meeting member, asked about progress coping with mental health issues. Daniel O’Leary, the police chief, compared last year–when three members of the force were involved–to this year, when two grant-funded programs are underway. By the end of the year, he said, about a quarter of the force will have completed 40 hours of training.

A large municipal solar-power array, in effect a budget item, was approved out-of-line under Articles 15 and 16. Brookline is contracting with Blue Wave Capital, a company endorsed by the Metropolitan Area Planning Council, which is to build and operate it, using part of the former landfill site near the waste transfer station off Newton St. Rated capacity is to be 1.4 MW, peak. Expected income is about $0.08 million per year.

Bylaw, Living Wage: Under Article 10, the Recreation Department proposed to gut much of the Living Wage bylaw enacted several years ago, by exempting from coverage several employee groups and by eliminating the Brookline minimum wage: a one-dollar premium over the state minimum. Patricia Connors, a Precinct 3 town meeting member who was the chief sponsor of the bylaw, had resisted the effort strongly.

Scott Gladstone, a Precinct 16 town meeting member, was entirely opposed to Article 10. “The bylaw is already a compromise,” he claimed. “Junior lifeguards,” whom it would remove from coverage, “are lifeguards…with the same Red Cross certifications as anybody else…What we’re trying to teach here…is work values…Should we teach them that they should not be demanding a living wage?”

Ms. Connors was supported by Brookline PAX. Co-chair Frank Farlow, a Precinct 4 town meeting member, stated, “PAX supports working people and fair wages.” Board member Andrew Fischer, a Precinct 13 town meeting member, called Article 10 “an assault on working people,” saying, “I wonder how many [town-funded] cars it would take to cover the wages of students with first-time jobs.”

Robert L. “Bobby” Allen, Jr., a Precinct 16 town meeting member and former member of the Board of Selectmen, tried to deflect those arguments. saying that when the now-disbanded Living Wage Committee proposed the bylaw, “We were way out front.” He favored some compromises being sponsored by the Advisory Committee. Pamela Lodish, a Precinct 14 town meeting member who lost this year when running for the Board of Selectmen, agreed with Mr. Allen. “If we pass the [Connors] amendment,” she said, “we’ll be hiring college students instead of high-school students.”

Ms. Connors was proposing to maintain the current bylaw’s definitions of seasonal and temporary employment. It was not certain whether Mr. Allen or Ms. Lodish understood, but Merelice, a Precinct 6 town meeting member, clearly did. The current bylaw’s approach is not supported by the HR module of Munis, recently adopted for maintaining employment records by the Human Resources (HR) office. According to Merelice, the attitude of HR is “an example of being concerned about the dirt when we hold the broom.” She contended, “We can certainly find the technology.”

Town meeting members sided strongly with Ms. Connors, Merelice and Brookline PAX. In an electronically recorded vote, the Connors amendment passed 141 to 48, with 10 abstentions. The amended main motion on Article 10 passed 144 to 42, with 5 abstentions. Although the Brookline minimum wage premium is maintained, so-called “junior” employees in the Recreation Department will no longer be covered by the Living Wage, reverting to the Brookline minimum wage–currently $10.00 versus $13.19 per hour. Recreation claims to be able to support more positions.

Bylaw, snow clearance from sidewalks: Town meeting grappled with the latest edition of a snow-clearance bylaw under Article 12. For about 30 years a bylaw initially proposed by Stanley Spiegel, a Precinct 2 town meeting member, has required property owners to clear adjacent sidewalks of snow. However, until a push last year from Frank Caro, a Precinct 10 town meeting member who filed a resolution article, and from the Age-Friendly Cities Committee, enforcement proved erratic.

During the 1970s and before, Brookline plowed most of the sidewalks, but after budget trims in the aftermath of Proposition 2-1/2 it cut back to only a few, including ones near schools. Article 12 was proposed by a Sidewalk Snow Removal Task Force, appointed in the summer of 2014 by the Board of Selectmen to strengthen the town’s law and its enforcement. The group–including staff from Public Works, Health, Building and Police–acknowledged that a complaint-driven approach had worked poorly.

Last winter, the four departments contributing to the task force divided Brookline’s streets into four sectors and began proactive enforcement during weekdays, with Police assuming most duties at other times. Despite the unusually harsh winter, enforcement generally improved, as described to town meeting by Nancy Daly, speaking for the Board of Selectmen. However, Martin Rosenthal, a Precinct 9 town meeting member, pointed out the lack of coordination in the current form of enforcement.

In its town-meeting article, the task force proposed to discontinue automatic warnings for first violations at residential properties, to raise fines and to institute a $250 fine for placing snow into a street–forbidden by Brookline’s general bylaws since the nineteenth century.

Compromises made as outcomes of several reviews had gutted most of the original proposal, leaving relatively weak enforcement, modest fines and no administrative appeals. Tommy Vitolo, a Precinct 6 town meeting member, offered two amendments intended to address some compromises. One would have limited a period of enforcement delay, at discretion of the public works commissioner, to no more than 30 hours after the end of a snowfall.

Amy Hummel of Precinct 12, speaking for the Advisory Committee, objected to an arbitrary time limit for the commissioner’s discretion. During the Blizzard of 1978, many streets remained impassible for several days, because Brookline then lacked much equipment capable of clearing them. That amendment was rejected through an electronically recorded vote, 78 to 108, with 6 abstentions.

Dr. Vitolo’s other amendment sought to restore the schedule of fines that the task force had proposed. Those called for a $50 fine on a first violation at a residential property, rather than an automatic warning, and a $100 fine for subsequent violations.

Dennis Doughty, a Precinct 3 town meeting member who served on the task force, supported the amendment on fines. He compared hazards of sidewalk snow with other hazards now sanctioned by $50 fines and no warnings, including putting refuse out for collection earlier than 4 pm the previous day. Town meeting members approved the amendment on fines through an electronically recorded vote, 135 to 52, with 5 abstentions.

Unfortunately, Dr. Vitolo’s amendment on fines for failure to clear sidewalk snow seems to leave the Brookline bylaws inconsistent. According to the main motion before town meeting, proposed by the Advisory committee on p. 5 of its supplemental report section and amended per Dr. Vitolo, the snow clearance bylaw was changed by town meeting to read, in part:

“The violation of any part of Section 7.7.3 [that is, the requirement to clear sidewalk snow at residential properties]…shall be noted with a $50 fine for the first violation and subject to a fine of $100.00 for the second and subsequent violations….”

However, according to the main motion, revised penalties are stated again in Article 10.3 of the bylaws, Table of Specific Penalties. What Dr. Vitolo’s amendment did was to revise penalties stated in the bylaw on snow clearance but not those stated in the Table of Specific Penalties. There will likely be no more snow before a fall town meeting, which might make the Brookline bylaws consistent.

Bylaws, tap water and bottled water: Articles 13 and 14, the two “water articles,” had been filed by Jane Gilman, a Precinct 3 town meeting member, Clinton Richmond, a Precinct 6 town meeting member, and several other petitioners. Both were “watered down” during reviews before the town meeting, yet significant parts of each survived and won approval.

Ms. Gilman and Mr. Richmond are co-chairs of the “green caucus” in town meeting, which counts over fifty town meeting members as participants and has been effective at marshaling votes for some recent, environmentally oriented initiatives. Brookline PAX, with a somewhat overlapping base of support, was recommending voting for motions offered by the Board of Selectmen in favor of parts of the two articles.

Article 13 sought a bylaw requiring Brookline restaurants to offer tap water. They already do, said Sytske Humphrey of Precinct 6, speaking for the Advisory Committee. She called the proposed bylaw “unnecessary and ineffective.” However, the petitioners had found some sinners. An Indian restaurant in Washington Square did not offer tap water on its take-out menu, and one pizza place did not seem to offer it at all.

Differing from the Advisory position, the Board of Selectmen saw little objection to such a law but added a phrase, “upon request,” and removed a sentence: “Establishments may charge for this service item.” That might give an impression, they wrote, that charging for water “was a requirement.”

Diana Spiegel, a Precinct 2 town meeting member, said the topic could be handled by conditions on restaurant licenses and moved to refer the article to the Board of Selectmen. In an electronically recorded vote, the referral motion failed 78 to 103, with 5 abstentions. The motion for a bylaw drafted by the Board of Selectmen passed 124 to 56, with 7 abstentions.

Article 14, seeking to ban sale and distribution of bottled water at town events and on town property, encountered stiffer headwinds at reviews before town meeting and quickly lost altitude. According to Mr. Richmond, the purpose was not banning water but banning the plastic bottles usually supplied. Hundreds of billions a year are sold. While they might be recycled, at least in part, they are mostly thrown away.

By town meeting, motions under the article had been trimmed back to a proposed ban on spending town funds to buy water in plastic bottles of one liter or less for use in offices. The Board of Selectmen proposed to refer the rest of the article to a study committee, to be appointed by the board. The Advisory Committee stuck with its original approach, recommending no action.

John Harris, a Precinct 8 town meeting member and a past participant in the “green caucus,” was not in line this time. The bylaw favored by the Board of Selectmen would have negligible impact, he claimed, and if widely emulated elsewhere, then companies selling bottled water would easily subvert it. Speaking for the Board of Selectmen, Nancy Daly disagreed, saying the debates over Article 14 had “succeeded at least in educating me.”

The Advisory Committee remained unmoved. Robert Liao of Precinct 15 recommended voting for the Harris motion to refer, consistent with the Advisory position. There will be “adverse unintended consequences” from a bylaw, he claimed, saying, “Reusable bottles require planning and changes in behavior.”

Robert Miller, a Precinct 8 town meeting member, asked whether the town was spending money on either bottled water or bottled soda. The answers were yes as to both, according to Mel Kleckner, the town administrator. Echoing a topic heard often during reviews, Jonathan Davis, a Precinct 10 town meeting member, asked whether vending machines on town property would be affected. Mr. Richmond conceded they would not be, since “the machines are put out to bid” and do not involve spending town funds.

Mr. Gadsby, the moderator, took a motion for the question–that is, a motion to terminate debate. Not enough town meeting members were ready to do that. On an electronically recorded vote the motion failed 129 to 71, with 2 abstentions. Such a motion takes a two-thirds margin but got only 65 percent.

Susan Helms Daley of Chatham Circle and her son Jackson, a fourth-grader at Lawrence School, told town meeting members about an alternative that is catching on. For the past few years, the school has had a “green team” and tried “to discourage use of bottled water.” Ms. Daley asserted, “Bottled water is the same as cigarettes.” Jackson Daley said after the school installed “water bottle refill stations”–a PTO project–”more people brought water bottles” to school. So far, he said, “We have saved 10,129 plastic bottles. How cool is that?”

After hearing similar opinions from a junior at Brookline High School, Mr. Gadsby again accepted a motion for the question. He declared it had passed, on a show of hands. The motion from Mr. Harris to refer all of Article 14 failed on an electronically recorded vote, 97 to 102, with 2 abstentions. The motion from the Board of Selectmen for a bylaw banning some uses of town funds passed by a substantial majority, on a show of hands.

Resolution, recreation land: Article 18 proposed a resolution seeking a study of acquiring land in the Putterham neighborhoods of south Brookline for park and recreation uses–specifically, so-called “buffer” areas of Hancock Village near Beverly and Russett Rds. Regina Frawley, a Precinct 16 town meeting member, and Hugh Mattison, a Precinct 5 town meeting member, prepared the article. Although not an abutter to Hancock Village, Ms. Frawley has lived nearby since 1968.

While it is possible that the current landowner, Chestnut Hill Realty, might agree to sell the land, a series of development plans, currently tapping powers under Chapter 40B of the General Laws, have left the company at loggerheads with the Board of Selectmen. A purchase-and-sale agreement now looks unlikely, so that Ms. Frawley suggested the land would probably have to be taken by eminent domain.

In the Putterham neighborhoods, Ms. Frawley showed, there is little public open space. She described the current open spaces and showed that the Hancock Village buffers look to be the largest undeveloped areas likely to be suitable. The only sizable public spaces now are around Baker School. They are laid out for specialized uses and are unavailable to the public during school days. For over 70 years, neighborhood residents have often used the buffer areas for recreation instead, as tolerated by a succession of landowners.

Moderator Gadsby immediately took comments from Rebecca Plaut Mautner, a Precinct 11 town meeting member, ahead of normal order and before hearing from the Advisory Committee and town boards. He did not explain the unusual conduct. Ms. Mautner operates RPM Consulting, according to the Web site of Citizens’ Housing and Planning Association in Boston–providing “affordable housing development services” in New England.

Ms. Mautner delivered a broadside against Article 18, saying it “will be perceived by the outside world as an effort to undermine creation of affordable housing…a message that Brookline will stop at nothing to prevent affordable housing.” That did not seem to resonate well, broached in the first town in Massachusetts to build public housing, where inclusionary zoning has been active for over 20 years.

Lee Selwyn of Precinct 13, speaking for the Advisory Committee, recalled that the proposed “Hancock Village project did not start out as 40B…there was no affordable housing in the original plan.” The owner, he said, is “using 40B as a means to pressure the town.” He said Article 18 proposed “a reasonable public use” of land, and he noted that a parcel adjacent to Hancock Village had been “taken by the state by eminent domain to prevent an inappropriate development.” The Hancock Woods area was taken as conservation land about 20 years ago.

Janice Kahn of Precinct 15, also an Advisory Committee member, supported the study. She said it could teach the town about using eminent domain. There has been no substantial taking since the Hall’s Pond and Amory Woods conservation projects in the 1970s. Given the ongoing disputes with Chestnut Hill Realty, the Board of Selectmen had declined to take a position on Article 18. Members had said they would abstain from voting on it.

Mr. Mattison of Precinct 5, a suppporter, said the buffer “space has served as informal recreation space.” Some 1940s correspondence with the town, he said, describes “how the commitment would be binding” to maintain it as open space. However, that was not part of an agreement presented to a 1946 town meeting, when the bulk of Hancock Village was rezoned to allow apartments.

Lauren Bernard, a Precinct 8 town meeting member, asked whether a “prescriptive easement” would be possible, given the long history of public use, and whether that would be “mutually exclusive with eminent domain.” Joslin Murphy, the town counsel, said easement issues were “not considered yet,” but easement and eminent domain would probably “be mutually exclusive.”

Even though the hour was getting late, at 10:30 pm, town meeting was willing to hear more arguments. A motion for the question failed on an electronically recorded vote, 88 to 78, with 17 abstentions. Julie Jette of Payson Rd. spoke. She said she had been “very surprised” when moving there “that really the only fully accessible playground is in West Roxbury.”

Crossing the rotary and the VFW Parkway with young children seemed too dangerous, Ms. Jette said, and she had never tried. However, she said, “yards are not a substitute for social and community opportunities. It’s time to create a true neighborhood park in south Brookline…Time is of the essence, given Chestnut Hill Realty development plans.” After a few other comments, town meeting approved Article 18 on a show of hands, looking like a ten-to-one majority at least.

Resolution, Boston Olympics: Article 19 proposed a resolution, objecting to plans for holding the Olympic Games in Boston during 2024. The plans never gained traction in Brookline, where many people see heavy costs and slender benefits. The Board of Selectmen had nevertheless postponed making a recommendation, reaching out to the pressure group pushing for the Olympics, but no one from that group responded.

At the town meeting, Martin Rosenthal, a Precinct 9 town meeting member, led off–speaking for Brookline PAX, of which he is co-chair. Unlike his fellow co-chair, Frank Farlow of Precinct 4, Mr. Rosenthal said he is a sports fan and “was excited at first.” However, he had realized “there might be some issues here…it was more for the benefit of non-Brookline people.” PAX opposes plans for 2024 Olympic Games in Boston.

Christopher Dempsey, a Precinct 6 town meeting member, was giving no quarter. He has co-founded a volunteer group, No Boston Olympics, and was on the warpath, armed with PowerPoint slides. The pressure group behind the Olympics plans, he said, is aiming to raid public funds. A long article published the previous day in the Boston Business Journal revealed much of that story to the public.

According to Business Journal staff, previously secret sections of the Olympics “bid book” said public money would be sought to “fund land acquisition and infrastructure costs.” The plans were also “relying on an expanded Boston Convention and Exhibition Center”–a deluxe Patrick administration venture that the Baker administration has canned.

Mr. Dempsey was having a field day, saying, “Boston 2024 is not going to fix the T…In London and Vancouver the Olympics Village financing was from public funds…Olympics budgets are guaranteed by taxpayers…The more you learn about 2024 Olympics, the less you like it.” Ben Franco spoke for the Board of Selectmen, simply stating that the board “urges favorable action” on Article 19.

Speaking for the Advisory Committee, Amy Hummel of Precinct 12 said that “the money and resources spent would benefit the Olympics shadow.” The current plans have “no real public accountability,” she contended, and “Brookline will be heavily impacted…The biggest concern [of the Advisory Committee] is the taxpayer guarantee…Lack of public process is unacceptable.”

Olympics boosters did have some friends. Charles “Chuck” Swartz, a Precinct 9 town meeting member, advised caution, saying, “Who knows what will happen in Boston? We don’t have to make this decision now.” Susan Granoff of Precinct 7, attending her first town meeting, said, “Let’s give Boston 2024 more time.” The Olympics, she contended, “would create thousands of jobs and bring billions of dollars…It’s private money being donated.”

Most town meeting members were not convinced by such claims. They approved the resolution in an electronically recorded vote, 111 to 46, with 7 abstentions. Katherine Seelye’s story in the New York Times on Saturday, May 30, may have deep-sixed the Olympics plans. She included the Business Journal disclosures and cited the Brookline town-meeting resolution.

Other actions: Under Article 9, town meeting voted no action on a proposal to make holders of state and federal offices living in Brookline automatic town meeting members. After encountering opposition, Ernest Frey, a Precinct 7 town meeting member, offered a “no action” motion on the article that he and other petitioners had submitted.

Article 17 proposed a resolution seeking changes to Sections 20-23 of Chapter 40B, the Comprehensive Permit Act of 1969 that was encouraged by the late Cardinal Cushing. Nancy Heller, the principal petitioner, now a member of the Board of Selectmen, had not seemed to recognize the complexity of the issues and soon agreed to refer the article to the Planning Board and Housing Advisory Board. That was the course taken by town meeting.

Under Article 11, town meeting voted to create a Crowninshield local historic district, on petition from the owners of about 85 percent of the houses on Crowninshield Rd., Adams St., Elba St. and Copley St. Speaking in favor were David King, chair of the Preservation Commission, Robert Miller, a Precinct 8 town meeting member, George White, a Precinct 9 town meeting member, John Sherman and Katherine Poverman, both residents of Adams St., Angela Hyatt of Precinct 5 for the Advisory Committee and Nancy Daly for the Board of Selectmen.

Dr. White recalled that the neighborhood had been home to well-known writers and artists. He mentioned novelist and short-story writer Edith Pearlman, an Elba St. resident for many years, and after a little prompting the novelist Saul Bellow, winner of a Nobel Prize in literature, who lived on Crowninshield Rd. in his later years. Only Clifford Ananian, a Precinct 10 town meeting member, took exception. He said preserving “single-family homes is a waste of a valuable resource,” although he lives in one of those homes. Despite the objection, the town meeting vote to create the district proved unanimous.

– Beacon staff, Brookline, MA, May 30, 2015


Katherine Q. Seelye, Details uncovered in Boston’s 2024 Olympic bid may put it in jeopardy, New York Times, May 30, 2015

BBJ staff, Boston 2024 report highlights need for public funding, expanded BCEC, Boston Business Journal, May 28, 2015

Matt Stout, Gov. Baker puts brakes on $1 billion convention center plan, Boston Herald, April 29, 2015

Warrant report with supplements, May 26, 2015, town meeting, Town of Brookline, MA

Age-Friendly Cities: health fair, outreach, snow and parks, Brookline Beacon, May 25, 2015

Board of Selectmen: police awards, paying for snow, Brookline Beacon, May 20, 2015

Board of Selectmen: new members and leadership, Brookline Beacon, May 13, 2015

Craig Bolon, How we voted, costs of business, Brookline Beacon, May 10, 2015

Craig Bolon, Field of dreams: a Coolidge Corner parking garage, Brookline Beacon, May 4, 2015

Board of Selectmen: landmarks, permits and town meeting controversy, Brookline Beacon, April 22, 2015

Board of Selectmen: farmers’ market, promotions, golf and town meeting, Brookline Beacon, April 29, 2015

Advisory Committee: budgets, bylaws and lectures, Brookline Beacon, April 14, 2015

Advisory subcommittee on human services: tap water and bottled water, Brookline Beacon, April 12, 2015

Advisory Committee: new park land for Putterham neighborhoods, Brookline Beacon, April 10, 2015

Advisory subcommittee on planning and regulation: new historic district, Brookline Beacon, March 31, 2015

Craig Bolon, Advisory Committee: in a generous mood, Brookline Beacon, March 19, 2015

Board of Selectmen: Hancock Village, budget reviews, Brookline Beacon, March 4, 2015

Solid Waste Advisory Committee: recycling and trash metering, Brookline Beacon, September 3, 2014

2014 annual town meeting recap: fine points, Brookline Beacon, June 7, 2014

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

Planning Department: a grand plan for Village Square on a diet

Grand plans of 2005 for a “boulevard” along the foot of Washington St. near Brookline Village faded. More recently, instead of Goody, Clancy–the high-prestige Boston architecture and planning firm–Brookline hired Vanasse Hangen Brustlin of Watertown–engineers and highway designers. Working at a very slow and mostly quiet pace, they planned a highway renovation for part of Route 9. The project has been coordinated by Public Works and Planning staff, particularly Joe Viola, the assistant director for community planning.

Last Wednesday, May 13, Mr. Viola organized a public presentation and hearing on a highway renovation plan, starting at 7 pm in the sixth-floor meeting room at Town Hall. Neil Wishinsky, recently chosen as chair of the Board of Selectmen, presided over the hearing. No committee of Brookline residents has a role in this project. A committee for the so-called “Gateway East” boulevard project has been inactive since 2006. A committee for a so-called “Walnut St. and Juniper St. Relocation” project has been inactive since 2010.

Background: The foot of Washington St., bending toward Mission Hill in Boston, became the commercial heart of Brookline during the eighteenth and nineteenth centuries. The Worcester Turnpike, opened to Natick in 1810, started westward at the bend of Washington St. That road is now Boylston St., part of Massachusetts Route 9, which continues along the foot of Washington St. across the Jamaicaway to Huntington Ave. in Boston.

The Punch Bowl Tavern was Brookline’s best known landmark during the 1700s. It was located across the foot of Washington St. from today’s site of the Village Square fire station, built of brick and limestone in early twentieth century. The area nearby was often called Punch Bowl Village. The 1830s street connecting to Beacon St. through what is now Kenmore Square was originally Punch Bowl Rd. Now it is Brookline Ave.

A railroad courses beside the Village Square area, begun in 1853 as the Charles River Branch Railroad, later the Brookline Branch of the Boston & Albany and now the Riverside (D) branch of the MBTA Green Line. During the 1920s, the bustle of Village Square attracted the Brookline Savings Bank’s handsome new headquarters to the bend of Washington St. Aside from the fire station, that is the only historic building left on the square.

Village Square was almost totally lost to redevelopment, starting in the late 1950s. Patterning its efforts on destruction of the West End in Boston by the Hynes administration, the former Brookline Redevelopment Authority took property by eminent domain for the so-called “Farm Project,” evicted all the former residents and businesses, ripped out the streets and tore down everything south of Route 9 but the fire station.

On the north side of Route 9, the so-called “Marsh Project” ran at a slower pace, but it was about as ruthless. Now there can be no genuine Village Square “boulevard,” because there is no longer a genuine Village Square–an extinct neighborhood–to lend it character. Although Village Square doesn’t yet house a suburban strip mall, like Chestnut Hill, the swath of destruction left a bleak highway junction, being filled in by large-scale new development.

Village Square, from the former site of Brookline Savings Bank

VillageSquareFromBrooklineBank
Source: Brookline Department of Planning and Community Development

Bicycle bonanza: The first public presentation Mr. Viola scheduled, last December 3, attracted around 50 bicycle promoters from Brookline and Boston. They were nearly all seeking protected bicycle lanes, sometimes called “cycle tracks.” If Brookline’s commercial areas were to be prioritized by amounts of bicycle traffic, Village Square would probably rank low. Today it has little business and only a modest population density nearby. For all but a few Brookline residents, it is neither a destination nor a waypoint.

Instead, what Village Square has is money, thanks to persistent efforts currying state support for highway renovation. It also holds some future promise from the expected 2 Brookline Place development, but bicycle promoters were likely drawn to the project by the scent of money. State money was squandered when renovating Beacon St. a few years ago, installing lots of new paving but little else of community value. Because of neglectful design, a majority of Beacon St. remains unsuitable for even painted bicycle lanes.

The cost of protected bicycle lanes in built-out urban areas runs to as much as $5 million a mile. When installed during roadway renovation, parts of the work will be common to the renovation, and the incremental cost can be less. At the May 13 presentation, a representative of the Massachusetts transportation agency estimated a 7 percent increase in costs for the Village Square project.

Plans: As described by Beth Eisler, an engineer from Toole Design Group in Boston, plans for protected bicycle lanes at Village Square are limited to the foot of Washington St. between the intersection with High St. on the south side and the intersection with Brookline Ave. on the north side. Anything more will await some future project and funding.

The main roadway change is to move the end of Walnut St. eastward, aligning the intersection of Walnut St. on the south side of Washington St. with the intersection of Pearl St. on the north side. Protected bicycle lanes on both sides of the foot of Washington St. extend just two blocks, about one-seventh of a mile.

Design for protected bicycle lanes at Village Square

VillageSquareCycleTracks
Source: Brookline Department of Planning and Community Development

The proposed designs place bicycle lanes at sidewalk level toward the curbs–the approach used on Vassar St. in Cambridge. At the bus stop near Pearl St., the bicycle lane is to curve away from the street, skirting an island for people entering and leaving a bus. Bicycle lanes are to have a color, texture or both that differs from walkways. No bicycle lane materials, signs or signals were described.

Desires: The May 13 presentation and hearing drew an audience of about 35. Most speakers supported plans but asked for changes in designs. Eric from Jamaica Plain described himself as riding through Village Square frequently. He doubted the proposed designs would draw riders to the area, because of hazardous intersections. Placing a painted bicycle lane in the middle of Washington St., descending from the overpass above the Green Line, would be “terrifying to many,” he said. “People will ride on the sidewalk.”

Mark from Roslindale, speaking for the Boston Cyclists Union, had similar observations. Stacy Thompson, representing the Livable Streets Alliance in Cambridge, had “concerns about a two-stage Washington St. crossing” for pedestrians. The long delays, she said, would provoke jaywalking. Crossing “seven lanes is really intimidating across lower Washington St.”

Scott Englander, a Transportation Board member who co-chairs the Complete Streets Study Committee, said the designs had been “hamstrung by the 2006 planning effort…an obsolete planning philosophy.” They have “weak links at several points,” he said, some of which he described. Much more obvious barriers were created by the 1950s philosophy, turning Village Square into part of a highway complex rather than part of a village network. That is how the foot of Washington St. became seven traffic lanes instead of four.

George Cole, a member of the Building Commission who has also been a spokesperson for Children’s Hospital, the owner and developer of 2 Brookline Place, said the hospital “supports bicycles” and asked about the schedule. Tracy Wu, the project manager at the state transportation agency, said the schedule currently calls for completing designs in September, 2016, and performing construction between the spring and fall of 2017.

According to Jane Gilman, a Precinct 3 town meeting member, “we are a multi-modal society,” turning to “sustainable practices.” She asked about bicycle lane signals, pervious pavement and trees. For each item, Ms. Eisler of Toole Design Group said nothing had yet been planned. Laura Costella of Vanasse Hangen Brustlin stated there will be “a significant landscape component to this project…replacing existing elements at least six to one.”

Several speakers sought to extend the designs for protected bicycle lanes to other parts of the streets. Tommy Vitolo, a Precinct 6 town meeting member, argued for extending them along Walnut St. to High St. That should not be very costly, he argued, saying, “It’s all new anyway.” Like other Brookline speakers, however, Dr. Vitolo seemed to have little knowledge of actual costs for protected bicycle lanes.

Mr. Viola said the next step for the plans would be to present them to the Transportation Board. Todd Kirrane, the transportation director, indicated that might occur at a June meeting. Given the many responses from Toole Design Group and Vanasse Hangen Brustlin that elements were “not planned yet” or “we’ll look into it,” it was not at all clear that plans were ready for prime time.

– Craig Bolon, Brookline, MA, May 16, 2015


Toole Design Group (Boston, MA), Gateway East bicycle facilities, Brookline Department of Planning and Community Development, May 13, 2015

Pedestrian and Bicycle Information Center, Costs for pedestrian and bicycle infrastructure improvements, U.S. Federal Highway Administration, 2015

Complete Streets: seeking better sidewalks and bicycle paths, Brookline Beacon, May 12, 2015

Zoning Board of Appeals: zoning permit for a registered marijuana dispensary, Brookline Beacon, April 25, 2015

Planning Board: Brookline Place redevelopment, Brookline Beacon, January 23, 2015

Craig Bolon, Gateway East: an idea whose time has gone, Brookline Beacon, October 17, 2014

Craig Bolon, Brookline bicycle crashes: patterns and factors, Brookline Beacon, August 16, 2014

Craig Bolon, Brookline legacies: Olmsted and coal ash, Brookline Beacon, June 6, 2014

Board of Selectmen: new members and leadership

A regular meeting of the Board of Selectmen on Tuesday, May 12, started at 7:15 pm in the sixth-floor meeting room at Town Hall. New members are Bernard Greene, formerly a Precinct 7 town meeting member, and Nancy Heller, formerly a Precinct 8 town meeting member. Both were members of the Advisory Committee until earlier this year. The board chose Neil Wishinsky as chair. He had been elected to the board in 2013.

With retirements of long-serving members Betsy DeWitt and Kenneth Goldstein, the board now has four members who are in their first terms of office. Only Nancy Daly, first elected in 2005, is now a long-serving member. All current board members have Advisory Committee experience, reviving a Brookline tradition. Ms. Heller was previously a member and chair of the School Committee.

Public comment: Pamela Lodish, a Precinct 14 town meeting member and a former member of the Advisory Committee and School Committee, offered public comment. This year, she placed third of five candidates for the Board of Selectman. Mystifying many, she had omitted taking a public stand on the tax override ballot question, surely the issue of the year in Brookline, in her town-wide campaign mailing. Ms. Heller and Mr. Greene had supported it, and they won.

After a “contentious” election, Ms. Lodish said, “getting the town back together…is not so simple…[it was] a divisive campaign…[it was] alienating 40 percent of the voters…a campaign fueled by rhetoric and scare factors.” In thinly veiled language, she called members of the Board of Selectmen to account for “lack of transparency…failed leadership…a manufactured crisis.”

The 40 percent Ms. Lodish mentioned clearly alluded to No votes on this year’s Question 1. That can be compared with Question 1A of 2008, a similar tax override. Both questions were actively promoted and vigorously opposed. The No votes went from 37 percent in 2008 to 38 percent this year. Ms. Lodish did not explain why she considered override efforts in 2015 at fault but apparently not those in 2008, when she wasn’t running for office.

Personnel, contracts and finances: Dennis DeWitt, an architectural historian who has been an alternate on the Preservation Commission, was appointed as a regular member. Daniel Bennett, the building commissioner, got approval to keep Betsy DeWitt, who just retired from the Board of Selectmen, as a member of the Devotion School building subcommittee on selecting a construction manager at risk. Mr. Bennett also won waiver of permit fees, about $0.01 million, for the third floor of 62 Harvard St., where the town plans to site four classrooms to relieve crowding at nearby Pierce School. He estimated about $0.35 million in work.

The board interviewed Nathan Peck of Philbrick Rd. for the Building Commission. A position once held by David Pollack, now a member of the School Committee, has been vacant for some time. Mr. Peck, who trained in civil engineering, has built a career as a building project manager and is currently president of Kaplan Construction on Harvard St. He mentioned that his father-in-law, Kenneth Kaplan, had gotten him interested in serving on the commission, of which Mr. Kaplan has been a member since 2001.

Lisa Paradis, the recreation director, got approval to hire a replacement for a teacher in the early education program at Soule. Ruthann Dobeck, director for the Council on Aging, got approval to hire a replacement for her program’s van driver, based at the Senior Center.

Peter Ditto, the engineering director, got approval for two contracts with Mario Susi & Son of Dorchester for roadway paving, totaling $0.2 million. Susi was low bidder for a 3-year contract cycle and has worked for Brookline in the past. The board accepted a $0.01 million grant from the Dolphins swim team parent council for swimming pool improvements and a $0.01 million grant from the Brookline Community Foundation to fund summer day-camp scholarships.

Management and town meeting issues: Maria Morelli, a Brookline planner who has worked on the town’s responses to the Chapter 40B housing development proposed at Hancock Village, asked the board to send letters about the proposal to the state’s environmental agency and historical commission. They ask for reviews of potential adverse effects. She said that while the reviews could not block the proposal, they could result in “mitigation.” The board approved.

Joe Viola, the assistant director for community planning, presented the fiscal 2016 Community Development Block Grant program and objectives. After several prior reviews, the $1.35 million program has been loaded with administration at $0.5 million. Otherwise it benefits public and assisted housing most, $0.5 million. Public services are budgeted at $0.2 million and improvements to the Brookline Ave. playground at $0.15 million. No one appeared for the board’s public hearing. Board members approved.

In the wake of the successful tax override ballot proposal, board members were probably relieved not to resume disputes with the Advisory Committee, which had voted to restore about $0.5 million in budget cuts from the “no-override” budget, without ever determining where that money would come from.

The board voted to agree with a recent Advisory recommendation to accept the “override” budget proposed by Mel Kleckner, the town administrator, with two small changes. With those revisions, the Planning budget would go up $0.014 million, to give a preservation planner a full-time position, and $0.003 million would be added to the Public Works budget for pavement markings. Deductions would be taken against energy accounts.

The board postponed reconsiderations for Articles 9 and 12 at the annual town meeting that starts May 26, changes to the town-meeting membership and snow-removal bylaws. Mr. Kleckner said he had heard Article 9 might be “withdrawn,” although that is not possible under town meeting procedures. Petitioners led by Ernest Frey, a Precinct 7 town meeting member, have been described as aiming to provide a town meeting seat for Deborah Goldberg, a former Precinct 14 town meeting member and now state treasurer. In similar past circumstances, there has occasionally been an agreement to offer no motion on an article.

– Beacon staff, Brookline, MA, May 13, 2015


Warrant report, May 26, 2015, town meeting, Town of Brookline, MA

Town elections: tax override for schools passes, Brookline Beacon, May 5, 2015

Board of Selectmen: farmers’ market, promotions, golf and town meeting, Brookline Beacon, April 29, 2015

Board of Selectmen: landmarks, permits and town meeting controversy, Brookline Beacon, April 22, 2015

Advisory Committee: budgets, bylaws and lectures, Brookline Beacon, April 14, 2015

Board of Selectmen: personnel, policies and budget reviews, Brookline Beacon, April 3, 2015

Board of Selectmen: projects and budget reviews, Brookline Beacon, March 20, 2015

Craig Bolon, Hancock Village: development pressures, Brookline Beacon, February 22, 2015

Advisory Committee: budgets and reconsiderations

The Advisory Committee met Thursday, April 30, starting at 7:00 pm in the first-floor south meeting room at Town Hall. Review season for this year’s annual town meeting is winding down, with work on most articles now complete for the town meeting starting Tuesday, May 26. The committee reconsidered three articles:
• Article 8. annual appropriations
• Article 9. town meeting membership, by petition
• Article 17. Chapter 40B resolution, by petition

Budgets: At the annual town election Tuesday, May 5, Brookline voters will decide whether or not to approve a permanent, general override that would increase total Brookline tax collections by $7.665 million per year above amounts allowed under Proposition 2-1/2, the statewide budget act passed by voters in 1980. So far the Advisory Committee, like the Board of Selectmen and the School Committee, has worked with so-called “base budgets” that will govern should voters reject the proposed override.

If required to proceed with base budgets, the committee will find itself backed into a financial corner by recommending, so far, about $0.5 million more in spending than the town has projected in revenue and other available funds. Hopes for a reprieve from balances in overlay accounts were recently dashed by the need to fund an overrun of about $3.4 million for snow clearance, the result of an historically severe winter.

While some committee members spoke about $2.5 million in “unallocated revenues”–account balances held against major unexpected needs–apparently none understood the mechanics for tapping those funds to solve an imbalance in their base budgets. Committee member Janet Gelbart, not a town meeting member, seemed to think growth in school enrollment, combined with extraordinary winter expenses, justified action. “The purpose of a reserve,” she said, “is so when you have an emergency you can pay for it.”

Partnership: There was discussion of the so-called “town-school partnership” that for 20 years has divided tax revenue between municipal and school programs. It was begun in 1995 by Richard Kelliher, then the town administrator, and James F. Walsh, then the superintendent of schools.

Since 1995, the partnership has been managed by a Town/School Partnership Committee with two representatives each from the Board of Selectmen, the School Committee and the Advisory Committee. The partnership committee is dormant. Its members from the Board of Selectmen, Ken Goldstein and Betsy DeWitt, did not run for re-election. One member from the Advisory Committee, Harry Bohrs, resigned this winter. The other, Leonard Weiss, moved from chairing the Advisory subcommittee on schools to the subcommittee on administration and finance.

Stanley Spiegel, a Precinct 2 town meeting member, asked how the town-school revenue division could be changed. Mr. Weiss, the only Advisory member now delegated to the partnership committee, was not on hand to respond. David-Marc Goldstein of Precinct 8 said, “Town meeting does not feel part of that partnership.” Actually, the Advisory Committee plays a role representing town meeting–as on several other boards and committees, including Climate Action and the Devotion School Building Committee.

Automatic town meeting members: Elected Brookline town meetings have long included several members designated automatically because of offices they hold. In the 1970s, these were cut back to people who hold other, major elected offices: currently the moderator, the town clerk, the members of the Board of Selectmen and members of the General Court who live in Brookline.

Led by Ernest A. Frey, a Precinct 7 town meeting member, a group of Brookline voters submitted Article 9 for the annual town meeting by petition. It seeks to add, as automatic town meeting members, elected federal and state officials who live in Brookline. Those are now Deborah Goldberg, the state treasurer, and Joseph P. Kennedy, III, who represents Brookline in the U.S. Congress.

The Board of Selectmen had supported Article 9, but thus far the Advisory Committee had opposed it. Dr. Spiegel, who chairs the Advisory subcommittee on planning and regulation, proposed a compromise at this week’s meeting of the Board of Selectmen. It would designate elected federal and state officials who live in Brookline as “honorary town meeting members,” non-voting but welcome to participate in town meeting debates.

Amy Hummel of Precinct 12 seemed unconvinced. “It sounds like we’re talking about celebrities,” she said. Since any registered Brookline voter is eligible to run for town meeting, all current automatic town meeting members and all those proposed could run–and likely win–if they chose. Mr. Goldstein favored ending the designations. The committee voted to reject Dr. Spiegel’s proposed compromise and to recommend no action on Article 9.

Chapter 40B resolution: Led by Precinct 8 town meeting member Nancy Heller, a group of Brookline voters submitted Article 17 by petition: a resolution advocating changes in policy for Chapter 40B projects. As the subcommittee led by Dr. Spiegel proposed and the petitioners have agreed, the Advisory Committee voted to recommend referring the article to the Planning Board and the Housing Advisory Board.

– Beacon staff, Brookline, MA, May 1, 2015


Advisory Committee, Town of Brookline, MA

Warrant for 2015 Annual Town Meeting, Town of Brookline, MA, March 17, 2015

Explanations of Articles, 2015 Annual Town Meeting, Town of Brookline, MA, March 17, 2015

Richard Kelliher and James Walsh, Memorandum of understanding: town/school budget partnership, Town of Brookline, MA, May 16, 1995

Board of Selectmen: farmers’ market, promotions, golf and town meeting, Brookline Beacon, April 29, 2015

Board of Selectmen: landmarks, permits and town meeting controversy, Brookline Beacon, April 22, 2015

Advisory: new park land for Putterham neighborhoods, Brookline Beacon, April 10, 2015

Board of Selectmen: $7.665 million tax override, Brookline Beacon, February 12, 2015