Category Archives: High school

Brookline High staff, programs and students

Winds of change: limits on marijuana

At the federal and state election of November, 2016, Massachusetts voters approved Question 4 by a 54-46 percent margin, legalizing marijuana for all uses. Opposition concentrated in the middle and outer Boston suburbs and on Cape Cod. Otherwise support spread across the state. Majorities voted Yes in 260 cities and towns with combined population of 4.7 million (72 percent of state population according to the 2010 census). Majorities voted No in 91 communities with combined population of 1.8 million (28 percent).

Voting to legalize marijuana did not mean accepting marijuana as a local business. Over the next year and a half, 156 Massachusetts cities and towns with combined population of 2.7 million (42 percent of state population) enacted moratoriums on marijuana shops. Some communities enacted outright bans, and some also banned or restricted other types of marijuana business. Most moratoriums were set to expire between June 30, 2018, and June 30, 2019.

Despite warnings from the state’s attorney general about enacting a moratorium extending into 2019, eight towns did so: Abington, Mansfield, Douglas, Rochester, Berlin, New Marlborough, New Braintree and Florida (listed by decreasing populations). Majorities in all but Mansfield had voted Yes on Question 4.

Bans on marijuana shops: As of late June, 2018, 76 Massachusetts cities and towns with combined population of 1.4 million (22 percent of the state population) had enacted permanent bans on marijuana shops. Most were communities where majorities of voters had voted No on Question 4. In those communities, town meetings and city councils could enact bans. Elsewhere voters had to approve.

In 18 Massachusetts communities where majorities of voters in a state election had supported Question 4, voters in local elections banned marijuana shops: Milford, Stoughton, Concord, South Hadley, Southbridge, Bellingham, Auburn, Whitman, East Bridgewater, Holliston, Medway, Acushnet, Hull, Southwick, Freetown, Merrimac, Barre and Mount Washington (listed by decreasing populations).

Hazards: Although milder than those produced by cocaine, amphetamines and narcotics, addictions to marijuana are well known. Craving, tolerance, withdrawal symptoms, adverse reactions, cognitive and behavioral impairments and mood disorders tend to increase with frequency and amount of marijuana use. A range of psychological dependence shades into addiction, similar in some ways to dependencies on alcohol and tobacco and to compulsive gambling.

Marijuana users who begin as teenagers or in early adulthood incur risks of lasting harm. As with other addictive regimes, some people are not attracted to marijuana, and some avoid addiction despite exposure. There is controversy over degrees of risk and amounts of harm, and there is currently no reliable way to predict individuals becoming addicted or suffering lasting harm.

Trends and publicity: Rejection of local marijuana business has been notably firm and fairly cohesive among Boston’s middle and outer suburbs. From Boxford and Chelmsford to the northwest, curving through Weston and Northborough to the west, Foxborough and Raynham to the southwest, and Braintree and Duxbury to the southeast, towns banned marijuana shops outright. Some banned all marijuana business.

Those are communities where many live who grew up in the founding high-tech surges. Most such workplaces were located in the suburbs spreading outward from Route 128, so those are also the communities where much of the workforce went. Family values remain strong and upwardly mobile. There is low tolerance for needless risk to sons and daughters from parents who reached success in their careers. As one speaker at a town meeting put it, “We are a community that builds ball fields and parks.”

In contrast, the Boston Globe–New England’s best known news medium–has been patronizing marijuana partisans, often focusing on interests seeking a faster pace of development. Reporter Dan Adams carved out a niche writing items favorable to marijuana interests that rarely mention other outlooks. While there is an occasional contrary view written by someone else, it tends to get lost in the parade for marijuana. Chasing profits instead of candor, Globe managers foster public and reader disservice.

– Craig Bolon, Brookline, MA, July 2, 2018


Massachusetts city and town actions on marijuana shops, Brookline Beacon, July, 2018 (notes majorities voting to legalize marijuana or not, via Question 4 in 2016)

Ally Jarmanning and Daigo Fujiwara, Where marijuana stores can and can’t open in Massachusetts, WBUR (Boston, MA), June 28, 2018 (presents data through an interactive map)

Dan Adams, Attorney General Maura Healey’s ruling could slow Massachusetts marijuana industry, Boston Globe, June 25, 2018

Steven Hoffman, Which Massachusetts towns won’t allow marijuana sales?, WBZ (CBS Boston), June 22, 2018 (tabulates data from the Massachusetts Municipal Association)

Timothy Naimi, Why marijuana policies in Massachusetts aren’t strict enough, Boston Globe, June 20, 2018

Dan Adams and Margeaux Sippell, Recreational marijuana companies face bans, moratoriums in cities and towns, Boston Globe, March 17, 2018

Zoe Mathews, North Andover bans commercial marijuana, North Andover (MA) Eagle-Tribune, January 30, 2018

Massachusetts ballot question 4: legalize marijuana, Boston Globe, November 16, 2016 (includes interactive map showing voting by cities and towns)

Massachusetts marijuana legalization, Question 4, Encyclopedia of American Politics (Ballotpedia), November, 2016

Kevin Sabet, Madeline Meier responds to latest IQ and marijuana studies, Smart Approaches to Marijuana (Alexandria, VA), January 19, 2016

Madeline H. Meier, Avshalom Caspi et al., Persistent cannabis users show neuropsychological decline from childhood to midlife, Proceedings of the U.S. National Academies of Science 109(40):E2657-2664, 2012

Alain Dervaux, Cannabis use and dependence, Presse Médicale 41(12):1233-1240, 2012 (in French)

Alan J. Budney, Roger Roffman et al., Marijuana dependence and treatment, Addiction Science and Clinical Practice 4(1):4–16, 2007

Craig Bolon, Marijuana business: trends in Oregon, Brookline Beacon, May 29, 2018

Craig Bolon, Against neighborhoods: Brookline zoning for marijuana, Brookline Beacon, May 12, 2018

Craig Bolon, Medical marijuana in Brookline: will there be a site?, Brookline Beacon, December 7, 2014

Too hot to handle: at Natick School Committee

In a classic 1938 film, Myrna Loy played Alma Harding, modeled after Amelia Earhart. Corey Spaulding–parent of a former student in Natick Public Schools–probably would not be mistaken for Loy. Last January 8, however, her message proved “Too Hot to Handle.” Natick School Comittee members walked out of their monthly meeting moments after she started to speak and then-Supt. Peter Sanchioni interrupted, calling her remarks “unfettered lies” along with other jibes.

According to public records, at the Natick School Committee on January 8 Spaulding began by saying, “I am the mother of a child who was mercilessly bullied into suicide here in Natick.” Outbursts at the meeting made other comments hard to follow. About two months later, Dr. Sanchioni resigned. The School Committee cited “personal, family and medical reasons.” Another two months on, he was hired as the school superintendent for Tiverton, RI, apparently at a lower rate of pay.

Freedom of speech: In the interim, Corey Spaulding and Karin Sutter–also a parent of a former student in Natick Public Schools–filed a civil rights lawsuit. Sutter had sparked another Natick School Committee walkout in February, telling members that “my boys and family…needed to move out [of Natick] due to the retaliation and retribution we received at the hands of the Natick Public Schools.”

Supported by the Massachusetts ACLU and represented by Benjamin Wish of Todd & Weld in Boston, Spaulding and Sutter won an order from a state court enjoining the Natick School Committee from enforcing rules against “improper conduct and remarks” and against “personal complaints” applied to comments at meetings. The court ruling stated that Natick policies and actions were likely to be found invalid under both Massachusetts and federal laws.

Over recent years, public comment became a regular feature at meetings of many local boards and committees. The Brookline School Committee adopted the practice in 1993. The Brookline Select Board later adopted it. Governing boards and committees in Boston, Cambridge, Somerville and many other suburbs of Boston follow similar practices. The Massachusetts Association of School Committees publishes guidelines for public comment. Guidance is also available in other states and from national organizations.

What can one say to members of a local governing board or committee in a public comment? When and how does freedom of speech, guaranteed by the First Amendment to the U.S. Constitution, apply? Boundaries of civil rights in particular situations are explored in court decisions, but so far few decisions directly concern public comments made to local boards and committees.

The Natick case: Members of the Natick School Committee rise to attention at the start of a meeting–like a McCarthy-era vestige–and recite the Pledge of Allegiance. In situations described in the recent court ruling, a committee chair led in squelching criticism. Interrupting Karin Sutter’s remark last February 5 about “retaliation and retribution…[by] Natick Public Schools,” the committee chair said, “…you cannot speak defamatory about the Natick…this is Open Meeting Laws…you are out of order.”

In such situations, the court ruling found “restrictions…aimed to prohibit…speech…critical of the Natick Public Schools…quintessentially viewpoint-based…[and exercised] on an ad hoc basis.” Citing the Open Meeting Law was merely a distraction, according to the ruling, because “First Amendment or Article 16 principles [of the Massachusetts constitution]…would take priority, and the statute would have to be read in a way that is compatible with the rights that they provide.”

To support and explain its findings, the recent court ruling cited several prior judicial decisions and opinions, particularly –

*** Reed v. Town of Gilbert, Arizona, U.S. Supreme Court, Case no. 13-502, 2015
In that case, a local ordinance regulating signs was overturned, reversing an Appeals Court, because it was found to be “content-based” and not “narrowly tailored to serve compelling state interests.”

*** Roman v. Trustees of Tufts College, Massachusetts Supreme Judicial Court, Case no. SJC-10822, 2012
In that case, an institutional policy was found to be content-neutral and viewpoint-neutral, and it was upheld against a free-speech challenge.

*** Draego v. Charlottesville, U.S. District Court for western Virginia, Case no. 3:16-cv-00057, 2016, memorandum of opinion and order
In that case, an injunction issued against a so-called “group defamation ban” by a city council, because under “strict scrutiny” it appeared likely to violate First Amendment rights to free speech and Fourteenth Amendment rights to due process.

Thomas P. Billings, the judge hearing the Natick case, was appointed in 2001 by former Republican Gov. Swift. He has heard several cases with interactions between state and federal laws, including DirecTV v. Massachusetts in 2012–involving issues of taxes, telecommunications and interstate commerce. The state ruling in the case was upheld when the Supreme Court declined a challenge. [U.S. Supreme Court, Case no. 14-1524, 2014]

Were Brookline’s current School Committee policies subject to similar scrutiny, bans on “individual personnel issues” and on “inappropriate conduct or statement[s]” in public comments could prompt objections similar to those from Justice Billings about Natick School Committee policies, in his recent ruling for the Natick case. [Public comment and participation at School Committee meetings, Policy Manual, Public Schools of Brookline, pp. B.11-13]

– Craig Bolon, Brookline, MA, June 12, 2018


Benjamin Wish obtains preliminary injunction ordering school district to stop suppressing free speech rights, Todd & Weld (Boston, MA), June, 2018

Decision and order (preliminary injunction), Spaulding v. Natick, Middlesex Superior Court, Commonwealth of Massachusetts, Civil action no. 18-1115, June 5, 2018 (made quotable and searchable)

Marcia Pobzeznik, Superintendent appointed in Tiverton, Fall River (MA) Herald News, May 9, 2018

Susan Petroni, Mothers of former Natick students file lawsuit to defend free speech rights, Framingham (MA) Source, April 23, 2018

Caitlyn Kelleher, Natick superintendent of schools resigns, MetroWest Daily News (Framingham, MA), March 1, 2018

“Public Speak” at Natick School Committee, Pegasus (Natick, MA), February 5, 2018 (video with sound)

“Public Speak” at Natick School Committee, Pegasus (Natick, MA), January 8, 2018 (video with sound)

Natick Public Records (unattributed pages on a commercial Web site), 2018

Select Board’s policy on public comment, Town of Brookline, MA, 2016

Memorandum of opinion and order, Draego v. Charlottesville, U.S. District Court for western Virginia, Case no. 3:16-cv-00057, 2016

Reed v. Town of Gilbert, Arizona, U.S. Supreme Court, Case no. 13-502, 2015

DirecTV v. Massachusetts, Suffolk Superior Court, Commonwealth of Massachusetts, Civil action no. 10-0324-BLS1, 2015

Glenn Koocher, et al., Public participation at school committee meetings and guidelines for public comment, Section BEDH, Guide for Present and Future School Committee Chairs, Massachusetts Association of School Committees, 2014

Roman v. Trustees of Tufts College, Massachusetts Supreme Judicial Court, Case no. SJC-10822, 2012

What does free speech mean?, Administrative Office of the U.S. Courts, 2007

Public comment and participation at School Committee meetings, Town of Brookline, MA, 2005 (in Policy Manual, section B, pp. 11-13)

United States v. Carolene Products, U.S. Supreme Court, Case no. 640, 1938 (Footnote 4, outlining what is commonly known as “strict scrutiny”)

Clark Gable, Myrna Loy and Walter Pidgeon (Jack Conway, dir.), Too Hot to Handle, Metro-Goldwyn-Mayer, 1938

Teacher salaries: gains and losses

Public-school teachers in several states have been challenging unfairly low pay and inadequate resources. Reflecting its suburban liberal views, a recent New York Times report charted changes in public-school spending across the United States since the Vietnam War era. A longer span would have shown how unusual the recent funding lapses have been–breaking a rising tide of investment in public schools extending since at least the 1920s.

Public elementary and secondary school spending

UsPublicSchoolSpending1929-2014

Source: U.S. Department of Education, 2018

Major changes in U.S. public education are often faintly remembered. For European-American, English-speaking students, the norm of basic literacy and arithmetic skills was a revolution during the early nineteenth century. The extensions to high-school education and participation of African-American students, native-American students and foreign-language speakers took over a century more. A high-school education became a national norm only in the 1950s.

Percent elementary and secondary school enrollments

UsSchoolEnrollments1900-1990

Source: U.S. Department of Education, 1993

Costs of living: Few reports on recent strikes and protests over teacher pay and school spending consider how costs of living warp the comparisons. Because of steep costs for housing, utilities and food, when an apparently middle-class $58 thousand average yearly pay for Hawaii teachers is adjusted for the state’s high cost of living against the U.S. average cost of living, it shrinks to about $33 thousand–near the edge of poverty.

The following table shows average salaries of K-12 public-school teachers by states. They are adjusted by statewide costs of living: equal for a state matching the U.S. average cost and proportionately scaled for states with higher or lower costs. The table also shows percentage changes in teacher pay–using constant, U.S. inflation-adjusted dollars–over 47 years that the U.S. Department of Education has analyzed data.

Average teacher pay, adjusted for costs of living

State Adj. Pay Change
Michigan $74,100 -1.5%
Pennsylvania $69,002 +15.7%
Illinois $67,725 +0.2%
Ohio $65,992 +6.9%
Wyoming $65,558 +10.9%
Iowa $64,892 +3.3%
Georgia $64,260 +16.8%
New York $64,227 +19.9%
Massachusetts $62,560 +38.2%
Delaware $62,532 +4.0%
Connecticut $61,686 +22.0%
Texas $61,603 +12.8%
Minnesota $61,465 +3.1%
Wisconsin $61,093 -4.5%
New Jersey $61,033 +18.7%
Nebraska $60,203 +10.5%
Kentucky $59,690 +17.2%
California $59,653 +18.8%
Indiana $59,300 -10.9%
Arkansas $59,170 +20.0%
Nevada $58,560 -3.1%
Alabama $57,830 +11.6%
Tennessee $57,662 +7.0%
Rhode Island $57,474 +17.9%
Missouri $57,404 -3.6%
Kansas $56,847 -1.9%
Louisiana $56,600 +10.8%
North Carolina $56,296 +3.5%
Maryland $55,598 +11.1%
Alaska $55,455 +0.4%
North Dakota $55,325 +20.0%
Idaho $55,058 +7.3%
Montana $54,731 +5.2%
Oklahoma $54,203 +2.3%
Washington $54,026 -8.6%
Mississippi $53,901 +15.3%
New Mexico $53,487 -5.2%
Virginia $53,377 -1.5%
Vermont $53,286 +17.6%
New Hampshire $53,201 +14.7%
Florida $53,169 -8.6%
Arizona $52,987 -15.3%
Utah $52,754 -3.8%
District of Columbia $52,250 +15.2%
South Carolina $52,193 +9.2%
Oregon $50,935 +8.8%
West Virginia $50,924 -7.0%
Colorado $48,579 -6.7%
Maine $48,047 +5.0%
South Dakota $45,824 +3.7%
Hawaii $32,730 -5.0%

Source: U.S. Department of Education, 2018

Contrary to impressions colored by recent teacher strikes, Kentucky, Arkansas and Arizona do not come out as drastically unfair states. Instead they rank 17, 20 and 42 nationally on teacher pay–adjusted for state costs of living. Hawaii, South Dakota and Maine are at the bottom of that list–on average paying public-school teachers the equivalents of about $33, $46 and $48 thousand per year, as adjusted to states nearest the average U.S. costs of living: notably Maine, Washington, Nevada and Delaware.

Similarly, California, New York and Massachusetts are not top-paying states–as popularly reported–when considered against costs of living. Instead Michigan, Pennsylvania and Illinois are at the top of that list–on average paying public-school teachers the equivalents of about $74, $69 and $68 thousand per year, as adjusted to states nearest the average U.S. costs of living.

Gains and losses: In the Change column, the table reflects gainers and losers among the states. The public-school teachers of Massachusetts have been by far the greatest gainers. Their average pay, adjusted for inflation, rose about 38 percent between 1969 and 2016. Over that period, the public-school teachers of Arizona have been the greatest losers. Their average pay, adjusted for inflation, fell about 15 percent–most of those losses since 2009. In 1969, Arizona ranked 20th nationally in unadjusted teacher pay, but in 2016 it ranked 45th.

State public-school spending per student

Not adjusted for state costs of living

UsStateSchoolSpending2014

Source: U.S. Department of Education, 2018

On average, annual pay of U.S. public school teachers reached about $59,500 for school year 2016, adjusted for statewide costs of living, an increase of about 8 percent in inflation-adjusted dollars over the previous 50 years. However, there are many more stories to be told about gains and losses. Although they involve economics, they more often reflect politics.

While Massachusetts has seen an economic success-run, thanks to high tech, it has been strong teacher unions that tapped the wealth. The state now ranks ninth from the top in teacher pay, but if the state had made only an average increase in teacher pay it would rank fifth from the bottom. No force in government is compensating for enormous gaps in average public-school teacher pay between the states: as adjusted for costs of living, about $33 thousand a year in Hawaii versus $74 thousand a year in Michigan.

– Craig Bolon, Brookline, MA, June 5, 2018


Robert Gebeloff, Numbers that explain why teachers are in revolt, New York Times, June 4, 2018

Ricardo Cano, Pay raises for teachers and staff vary across Arizona school districts, Arizona Republic (Phoenix, AZ), June 3, 2018

David M. Perry, Why the Arizona teachers strike should terrify anti-union governors, Pacific Standard (Social Justice Foundation, Santa Barbara, CA), May 3, 2018

Michael Hansen, Hidden factors contributing to teacher strikes in Oklahoma, Kentucky and beyond, Brookings Institution (Washington, DC), April 6, 2018

Digest of Education Statistics for 2016, U.S National Center for Education Statistics, February, 2018

Current expenditures per pupil for public elementary and secondary education by state during 2015, Figure 1 in Cornman, et al., January, 2018 (category bounds $9,000 $11,000 $13,000 $15,000 per year)

Stephen Q. Cornman, Lei Zhou and Malia R. Howell, Revenues and expenditures for public elementary and secondary education during school year 2014, U.S. National Center for Education Statistics, January, 2018

Estimated average annual salary of teachers in public elementary and secondary schools by state, U.S. Digest of Education Statistics (preliminary), Table 211 for 2017, January, 2018

Costs of living data by states for 2017, Missouri Economic Research and Information Center, January, 2018

Thomas D. Snyder, ed., American education: statistical portrait of 120 years, U.S. Department of Education, 1993

Against neighborhoods: Brookline zoning for marijuana

This month–likely on Thursday, May 24–Brookline’s Town Meeting will vote on a risk-laden approach to marijuana zoning and licensing. A complex surface hides disorganized, hypocritical, neighborhood-hostile efforts. Two meetings on Thursday, May 10 showed confusions and lapses of community spirit: a review for some Town Meeting Members and a regular Advisory Committee meeting, both held at Town Hall.

Recreational marijuana regulation: At the 2018 Annual Town Meeting starting May 22, under Articles 17 through 22 Brookline could allow up to four retail shops selling recreational marijuana and up to four marijuana cafes. The Planning Board and the Planning staff, supported so far by three of the five Select Board members, propose to allow the recreational marijuana shops in Local Business zones as well as in General Business zones.

Brookline has five main General Business zones. They are mostly well separated from residential areas and schools: Commonwealth Avenue, Coolidge Corner, Brookline Village, Washington Square and the west end of Route 9 near the Chestnut Hill Mall. There are smaller ones near the north end of Harvard Street, bordered by Allston, and near the east end of Route 9, bordered by the Riverway.

There are seven main Local Business zones. Many thread through residential areas and near schools: the shopping center near Putterham Circle in South Brookline, the northern part of Harvard Street between Devotion School and Verndale Street, the middle part of Harvard Street between Pierce School and Marion Street, the northern part of Cypress Street near Washington Street, the middle part of Cypress Street near the High School and Route 9, the southern part of Cypress Street near Kendall Street, the east end of Beacon Street between St. Mary’s and Carlton Streets, and land near the west end of Beacon Street around Sutherland Road.

Threatened neighborhoods: Proposed zoning for marijuana includes so-called “buffer zones” extending 500 feet out from schoolyard boundaries. Marijuana shops are not allowed inside “buffer zones.” The maps that follow identify some of Brookline’s threatened neighborhoods–showing parts of Local Business zones outside “buffer zones.” Colored in bright blue are Local Business areas where marijuana shops would be allowed. “Buffer zones” around schools are cross-hatched.

Threatened neighborhoods near Harvard Street

HarvardStreetNeighborhoods

Source: Brookline Planning Department

 
 
Threatened neighborhoods near Cypress Street

CypressStreetNeighborhoods

Source: Brookline Planning Department

 
 
Threatened neighborhoods near Putterham Circle

PutterhamtNeighborhoods

Source: Brookline Planning Department

Information from Town Hall: Planning staff held a late-afternoon information session at Town Hall on May 10, sought by Precinct 5 Town Meeting Members. The two staff were Francisco Torres and Ashley Clark–hired in part to develop and promote plans for marijuana. They have fairly short spans of experience in Brookline, and they smile a lot.

At the Town Hall session were Betsy DeWitt–formerly a Select Board member–plus Phyllis O’Leary, Wendy Machmuller, Rob Daves, Andy Olins, Hugh Mattison and newly elected Cindy Drake from Precinct 5, John Bassett from Precinct 6, Craig Bolon from Precinct 8 and Regina Frawley from Precinct 16.

Precinct 5 Town Meeting Members generally opposed medical marijuana at the former Brookline Bank on the corner of Route 9, High Street and Washington Street. They spoke about keeping marijuana shops out of the Local Business zones on Cypress Street. Betsy DeWitt saw high profits from marijuana shops pushing out ordinary local business.

Planning has proposed no standards that support ordinary local businesses. Their proposals for zoning and licensing amount to a “first in the door” approach to zoning permits and business licenses. However, they propose no system to regulate how the timing of applications would be recognized. That could leave Brookline exposed to long and potentially costly “due process” lawsuits, claiming that results from its informal approach had been arbitrary and capricious.

Advisory Committee hostile to neighborhoods: Many of the 24 out of 30 Advisory Committee members at the evening meeting on May 10 seemed hostile toward Brookline neighborhoods. Because around 60 percent of Brookline voters opted to legalize marijuana, they claimed recreational marijuana shops could be sited without considering impacts on neighborhoods. Fisher Hill resident Clifford Brown of Precinct 14 led a charge for more marijuana revenue, while several others on the committee chimed in.

Critically examined, some claims about huge local revenues turn out to be fragrant BS when not flagrant lies. The budding marijuana industry had its friends at (the General) Court when Chapter 55 of the Acts of 2017 was being written: the ironically titled “act to ensure safe access to marijuana.” The access is particularly “safe” for marijuana dealers. Much of the potential local revenues come from so-called “community impact fees” that can be included in city and town contracts with marijuana dealers. However, when the revenue party is over after five (5) years, it’s done and gone–while all the problems the community may find continue indefinitely. According to Chapter 94G, Section 3(d) of the General Laws, as amended by the 2017 act:

“…a host community may include a community impact fee for the host community; provided, however, that the community impact fee shall be reasonably related to the costs imposed upon the municipality by the operation of the marijuana establishment or medical marijuana treatment center and shall not amount to more than 3 per cent of the gross sales of the marijuana establishment or medical marijuana treatment center or be effective for longer than 5 years….” [emphasis added]

Voters blindsided: Many of the Brookline voters who opted to legalize marijuana had been informed by the cautious, two-year process to zone and license medical marijuana. Medical marijuana dispensaries are not allowed in Local Business zones. The only current one is on Route 9. Hardly anybody would have expected “full speed ahead” and “open floodgates” for recreational marijuana–the approach from Brookline Planning, welcoming both marijuana shops and cafes to the Local Business zones threading through residential neighborhoods and near schools.

At Advisory Committee on May 10, vocal majorities rejected a motion to exclude marijuana shops from Local Business zones. They supported another motion to allow marijuana cafes. Hypocrites would continue to ban medical marijuana sales from Local Business zones, and they support a new ban on marijuana treatment centers. The outlook of hypocrites seems to be that medical marijuana would not yield as much in licensing fees and local taxes as recreational marijuana–so medical marijuana should be banned.

Those supporting neighborhoods by voting to exclude recreational marijuana shops from Local Business zones were committee members Harry Friedman, David-Marc Goldstein, Angela Hyatt, Alisa Jonas, Steve Kanes, Fred Levitan and Lee Selwyn. Thumbing noses at neighborhoods by voting the other way were Ben Birnbaum, Clifford Brown, Carol Caro, Lea Cohen, John Doggett, Janet Gelbart, Neil Gordon, Janice Kahn, Bobbie Knable, David Lescohier, Pamela Lodish, Shaari Mittel, Michael Sandman, Kim Smith, Charles Swartz and Christine Westphal. Committee chair Sean Lynn-Jones did not vote. Vice-chair Carla Benka and members Dennis Doughty, Kelly Hardebeck, Amy Hummel, Mariah Nobrega and Susan Roberts were absent.

Preventing needless burdens: The NETA medical marijuana dispensary on Route 9 is already in negotiations for one of the potential licenses as a recreational marijuana shop. Its success would leave only three licenses available. There are six more General Business zones to provide sites, leaving no need to burden neighborhoods near Local Business zones. A simple amendment to Article 17 at the 2018 Annual Town Meeting can keep recreational marijuana shops out of Local Business zones.

VOTED: To amend the motion under Article 17 so as to change “Use 29A, Storefront Marijuana Retailers” from “SP *1,2″ to “No” for L (local business) districts.

As of May 17, an equivalent motion is being proposed by Neil Wishinsky (chair of the Select Board) together with Betsy DeWitt, a Precinct 5 Town Meeting Member (TMM-5), Cynthia Drake (TMM-5), Scott Gladstone (TMM-16), Angela Hyatt (TMM-5) and Kate Silbaugh (TMM-1). After several years of experience with recreational marijuana shops in General Business zones, Brookline could review the results and see whether it might make sense to allow them in other places.

– Craig Bolon, Brookline, MA, May 12, 2018, updated May 17, 2018


Recreational marijuana information, Department of Planning and Community Development, Brookline, MA, 2018

Locations for marijuana shops, Department of Planning and Community Development, Brookline, MA, 2018

Advisory Committee, Town of Brookline, MA, 2018

Adult use of marijuana, 935 CMR 500, Massachusetts Code of Regulations, 2018

Public documents, Massachusetts Cannabis Control Commission, 2017-2018

Emma R. Murphy, Brookline’s NETA marijuana dispensary seeking recreational license, Brookline (MA) Tab, April 18, 2018

Business and functional requirements for the licensing, tracking and sale of adult-use marijuana (57 pp) Massachusetts Cannabis Control Commission, November, 2017

An act to ensure safe access to marijuana, Massachusetts Acts and Resolves of 2017, Chapter 55

Gintautas Dumcius, Brookline medical marijuana dispensary, operated by NETA, set to open in mid-January, Springfield (MA) Republican, December 24, 2015

Craig Bolon, Medical marijuana in Brookline: will there be a site?, Brookline Beacon, December 7, 2014

Education: looking back, the “coding” wave

Illustrating the proverb that schooling means teaching the children to meet the challenges of the grandparents’ generation, President Obama has advertised a new initiative: teach “coding.” The President, who has many admirable qualities, is leaving a shabby heritage as an educational fool. His Department of Education proved, quite remarkably, coarser and meaner than the one butchered by his predecessor.

Teaching “coding” today has even less promise than teaching “auto mechanics” and “new math” in the 1960s or teaching “leather working” and “machine shop” in the 1940s. It is an invitation to become a victim of outsourcing. For most, it would be more helpful to teach the durable skills of plumbing and carpentry. The President invites comparison with Mao’s Great Leap Backward.

Arts of “coding” became highly valued in the 1960s and 1970s, during the second-generation of mainframe computers–with transistor logic and magnetic core memory–and the first generation of minicomputers. Over the next decade, ordinary “coding”–writing lines of programs–soon took a back seat to the higher arts of project management, software organization and reliability testing. That was an age when complex products of mere “coding” began to crash and burn on an epic scale. Now “coding”–within the industry–has become a low-level skill.

During the late 1970s, Brookline was romanced by “coding” visionaries–including disciples of the late Marvin Minsky at MIT–to buy into long-forgotten “Logo” technology. They promised to teach youngsters computational thinking by having them move around “turtles” on a display screen. The Advisory Commmittee discovered that more than a million dollars, in today’s money, would at best instruct a few dozen students. A potential for public embarrassment erased “Logo” from the budget.

Today, even the higher and practical arts of software development provide good jobs for only small numbers of industrial workers. The vast majority who work with computer technology engage with intermediates: software and Internet sites that are dedicated to specific tasks. A tiny population writes the software for Excel or other spreadsheets, but millions use spreadsheet technology to solve or manage business problems. Applied skills, rather than “coding,” remain broadly useful job qualifications.

– Craig Bolon, Brookline, MA, January 31, 2016


Valerie Strauss, All students should learn to code. Right? Not so fast, Washington Post, January 30, 2016

Toluse Olorunnipa, Bloomberg News, Obama: Every child must learn to code, Bangkok Post, January 30, 2016

Tania Branigan, China’s great famine: the true story, Manchester Guardian (UK), January 1, 2013

Robert L. Glass, Software Runaways: Monumental Software Disasters, Prentice Hall, 1997

Board of Selectmen: hearing airs racial tensions

A regular meeting of the Board of Selectmen on Tuesday, January 5, started at 7:05 pm in the sixth-floor meeting room at Town Hall. While North Korea was testing its first thermonuclear bomb, the board conducted a public hearing about what it called “diversity issues involving the town”–also an explosive catastrophe, at least on a local scale.

A standing-room-only audience of around 200 gathered in a hearing room with only about 100 seats. For many Brookline residents it was an evening of despair–airing incident after incident of racial discrimination, targeting and harassment–lasting more than two hours.

Commission statement: At its meeting the previous evening, the Diversity, Inclusion and Community Relations Commission had reviewed testimony and reports it received about racial issues affecting the Brookline work force. Alex Coleman, chair of the commission, read a statement to the Board of Selectmen that the commission had authorized.

Dr. Coleman said the commission, which began in January, 2015, “spent the last year trying to move forward.” Hopes for progress had been dashed at a December 16 meeting, when two Brookline police officers testified in open session that their department was afflicted with racial tensions, from which they personally suffered. Town government, according to the commission statement, has “a culture of institutional racism” that “the Board of Selectmen…allowed.”

The statement read by Dr. Coleman called on the Board of Selectmen, “as the elected leaders of the town, to exercise your responsibilities and duties, as commissioners of the Police and Fire Departments…to stamp out this culture. This is a matter of extreme urgency, which the Board of Selectmen needs to address with actions, not words, now.” Members of the board listened but did not comment.

Police testimony: Prentice Pilot, one of the two African-American police officers who spoke out on December 16, told the Board of Selectmen he had worked on the force for 17 years. He recalled another minority police officer who “went to the chief about racial incidents” a year ago, apparently joining Officers Pilot and Zerai-Misgun then, but got no action. In response to his recent complaint about a racial insult, he said, “the chief had a preliminary investigation” but called it “inconclusive.”

After his recent testimony to the Diversity, Inclusion and Community Relations Commission, Officer Pilot said, the commission “asked Selectman Greene to get more of the story…I haven’t heard anything from him.” Mr. Greene, the first African-American ever elected to the Board of Selectmen, became the board’s delegate to the commission and was present when Mr. Pilot testified on December 16.

Officer Pilot said a recent report on the racial climate in the Police and Fire Departments, sent to commission members, offers “insights from the Police Department leadership: no major incidents” in the department. “The chief,” he said, “had a free diversity report when the three of us went to him in December of 2014.” Applause from the audience lasted most of a minute.

Estifanos Zerai-Misgun, the other African-American police officer who spoke out on December 16, described “the chief’s assurance” of respect in the department. “He gave me his assurance a year ago,” said Officer Zerai-Misgun. “Nothing has changed…All you say is that you’re waiting…Nobody has contacted me.” He told the Board of Selectmen, “It is not a safe environment there. The chief failed me last year…Now you’re failing me today.”

Lee Smith, an African-American former police officer in Brookline, told the board about experiences starting in April, 1998. He also left a much longer version of his remarks in writing. As a beginning Brookline officer, he said, after he wrote a parking ticket a superior officer “chewed me up,” telling Mr. Smith, “That ticket belongs to a friend of mine.” Mr. Smith explained that there was a covert system of marking tickets to indicate they were supposed to be discarded and ignored, which he had not followed.

At a “diversity meeting” held more than 15 years ago, Mr. Smith said, fellow officers ridiculed the training, “complaining, ‘why do we have to be here for this?’” Written materials were distributed at the training, according to Mr. Smith. “I saw guys ripping it up, tossing it in the trash.”

Harassment complaints: Leslie Epps, who operates Finesse Florist on Washington St., told about experiences as an African-American living in Brookline and running a retail business. “I’ve experienced such racism,” said Ms. Epps. “I have filed complaints. These complaints have disappeared. There has been intimidation: ticketing my vehicle falsely, targeting my shop.”

Ms. Epps described herself as “keynote speaker” at the most recent Martin Luther King Day event in Brookline. Now, she said, “I have stress disorder…at the hands of Brookline police.” Not one to give up. Ms. Epps told the Board of Selectmen, “This is my country. I will not be moved…I am looking for restorative justice.”

Cruz Sanabria of Rice Street, a Marine veteran and a public school teacher in Boston, who was a member of the former Human Relations Commission, described harassment from neighbors and antagonism from Brookline police officers. In one incident, he said, he was falsely cited for a crime.

According to Mr. Sanabria, he was charged with “assault with a dangerous weapon…It was dismissed.” Mr. Sanabria told the Board of Selectmen, “The horror I went through is worse than anything else I have had in my life…You put me in a position that I shouldn’t have been in. Why? Because I’m Puerto Rican.”

Reactions: Brookline residents who are not members of a minority had strong reactions. Bob Miller of Copley St., a Precinct 8 town meeting member and a teacher at Heath School, told the Board of Selectmen, “I’ve heard talk about racism in Brookline,” calling it “an issue that can destroy the town that I love.” He urged “the strongest possible actions to let it be known that this will not be tolerated.”

Pat Bartels of Wolcott Rd. said her family “moved to Brookline because we believed it was going to be a caring and liberal community.” Her two children, she said, are graduates of Brookline High School. “Their friends were from Bulgaria, Cape Verde, Korea…from all over the world…Those are the values they shared.”

Shifra-Lilith Freewoman of Longwood Ave. was less forgiving. In Leslie Epps’s shop, she said, “She treated me like gold…It breaks my heart. Everybody black that I know has encounters with police in this town.” The problem, according to Ms. Freewoman, has been that “words don’t translate into clear action.” She told the Board of Selectmen, “If this board can’t do it, then let’s elect another board.”

Years ago: Andrew Leong of Marion Terrace described his experiences inside the Brookline Police Department many years ago. He is a professor of law at the University of Massachusetts in Boston. “We are sick and tired of more studies, more training,” said Prof. Leong. “I did that training 27 years ago.”

At the time, he said, “a black officer told me, ‘I’m so glad you came and spoke…All those racist things [are] happening to me on this police force.’” Referring to Officers Pilot and Zerai-Misgun, Prof. Leong said, “They are risking their jobs. What do we want? We want them to be on paid administrative leave.” Applause from the audience again lasted for most of a minute.

– Beacon staff, Brookline, MA, January 6, 2016


James Pearson and Tony Munroe, North Korea says successfully conducts first H-bomb test, Reuters (UK), January 6, 2016

Statement to the Board of Selectmen on institutional racism in the Brookline work force, Commission for Diversity, Inclusion and Community Relations, Town of Brookline, MA, January 4, 2016

Lee Smith, Statement at Brookline Board of Selectmen hearing, January 5, 2016

Diversity Commission: police and fire department report, Brookline Beacon, December 20, 2015

Town meeting: parks and schools

Warm controversies at this year’s fall town meeting cooled quickly in a flurry of surprises and compromises. In the afternoon before the first session on Tuesday, November 17, town staff learned that Brookline was no longer in line for a major state grant to assist with Larz Anderson Park. We are too rich a town to qualify.

Article 6: Rejection of the state grant application quashed a dispute over Article 6 on the town meeting warrant, seeking matching funds to improve Larz Anderson Park. To qualify for up to $400,000 in additional state aid, the town meeting would have to restrict Larz Anderson to recreation and conservation uses only, invoking Article 97 of the Massachusetts constitution.

A few weeks earlier, consultants hired by the Board of Selectmen had named Larz Anderson as a potential site for a new elementary school. The 1949 will of Isabella Weld Anderson, leaving the land to the town, required that it be used for educational, recreational or charitable purposes. Agreeing to the state’s conditions would abandon potential uses involving two of those three categories. The town meeting took no action.

Political chatter also started to call out Larz Anderson as a potential site for high-school expansion. Never mind that the park is remote from centers of population and not well served by streets and transit. Park, recreation and conservation enthusiasts sounded flustered, to say the least.

Open space: Over the past 150 years, since the Civil War, the town acquired about 475 acres of usable open space–not counting the traffic islands and cemeteries. The 53 major sites, totaling about three-quarters of a square mile, represent about 11 percent of the town. Only about a tenth of that space is part of school sites. The rest provides recreation facilities, pedestrian parks and conservation areas.

The distribution of usable, public open space became grossly unequal. Each precinct in the town has nearly the same population. However, Precinct 15 has 257 acres of usable, public open space–over half the total. The average amount of usable, public open space is only about 30 acres per precinct. Precincts 2, 6, 7, 8, 9, 10, 11, 12 and 13 have less than 10 acres each. Precinct 13, snaking along the Brighton line, has none.

 

Brookline’s usable, public open space

Year Acres Precinct Source Site name
2011 10.0 14 purchase Fisher Hill Reservoir Park
1977 1.6 1 taking Amory Woods Conservation Area
1975 3.5 1 taking Halls Pond Conservation Area
1972 0.5 4 purchase Billy Ward Playground
1970 4.2 5 purchase Lincoln School Playground
1967 0.4 5 taking Juniper Street Playground
1961 25.0 16 bequest Blakely Hoar Conservation Area
1961 1.1 9 purchase Lawton Playground
1960 9.5 15 purchase Soule Center
1953 17.2 15 purchase Dane Park
1951 2.4 7 purchase Pierce School Playground
1948 61.1 15 bequest Larz Anderson Park
1946 1.1 12 purchase Schick Park
1945 30.2 15 purchase Lost Pond Conservation Area
1945 15.2 15 purchase Skyline Park
1944 11.1 14 purchase Warren Field
1941 1.3 15 purchase Baldwin School Playground
1939 2.4 5 donation Robinson Playground
1935 11.3 16 donation Baker School Playground
1915 0.5 4 purchase Murphy Playground
1914 8.7 5 purchase Downes Field
1913 0.8 14 purchase Eliot Little Field Park
1913 1.7 5 purchase Clark Playground
1910 4.0 11 purchase Driscoll School Playground
1907 2.1 6 purchase Emerson Garden
1907 119.9 15 purchase Putterham Meadows Golf Course
1905 1.7 9 purchase Coolidge Playground
1903 8.3 1 purchase Amory Playground
1903 3.1 12 purchase Runkle School Playground
1902 32.2 14 donation Brookline Reservoir Park
1902 2.6 1 donation Longwood Mall
1902 2.8 1 donation Knyvet Square
1902 1.1 1 donation Mason Square
1902 1.9 2 purchase Winthrop Square
1902 6.5 14 purchase Heath School Playground
1901 5.6 14 purchase Waldstein Playground
1901 0.3 5 purchase Philbrick Square
1901 3.3 10 donation Griggs Park
1900 13.8 1,3 purchase Riverway Park
1900 4.2 11 purchase Corey Hill Park
1899 0.3 4 donation Linden Park
1897 0.4 10 donation Saint Mark’s Square
1895 0.2 4 donation Linden Square
1894 12.9 4,5 purchase Olmsted Park
1891 6.7 8 purchase Devotion School Playground
1891 5.0 3 purchase Longwood Playground
1890 2.8 15 purchase Singletree Hill Reservoir
1871 4.1 4 purchase Brookline Avenue Playground
1871 5.2 6 purchase Cypress Street Playground
1871 2.0 4 purchase Town Hall Square
1868 1.2 6 purchase Boylston Street Playground
1864 0.2 1 purchase Monmouth Street Park
1827 0.2 5 donation Town Green

Source: Open space plan, Town of Brookline, MA, January, 2011

 

Social justice: Surely Precinct 15–with its giant legacy of usable, public open space–can spare a little for a school site. There are at least three obvious, well qualified candidates:

• Putterham Meadows Golf Course, at 120 acres–a conspicuous luxury. Five acres carved from a corner of this cradle of riches would capably house a three-section elementary school.

• Soule Recreation Center, at 10 acres, a site perennially looking for a gainful occupation. Its rapid churn of personnel has become a community scandal.

• Dane Park, at 17 acres, by far the least used of Brookline’s major parks.

The town has not commissioned a new school site since Baker in 1935. The new Lincoln School, opened in 1994, took over the old, private Park School site–after that school moved away to Goddard Ave. It would take a coldly rigid, greedy set of park, recreation and conservation enthusiasts to find that there is no adequate space they could possibly spare from Precinct 15.

– Craig Bolon, Brookline, MA, December 4, 2015


Open Space Plan, Town of Brookline, MA, January, 2011 (8 MB, uses obsolete precinct numbers)

Precinct Map, Town of Brookline, MA, February, 2012 (1 MB)

Craig Bolon, School building wonder: mishegoss from moxie, Brookline Beacon, October 25, 2015

Advisory Committee: don’t lock up town land, Brookline Beacon, October 3, 2015

Education news: Advisory thinks, Chester blinks

The large, first-floor south meeting room at Town Hall, home to the Advisory Committee during town meeting seasons, witnessed another episode in the long-running struggles over regimented testing in public schools, starting at 7:30 pm Tuesday, October 20.

Earlier that day, Mitchell Chester, the state’s current education commissioner, had set off a policy bomb. It blew up a campaign to replace the testing used in Massachusetts public schools for the past 18 years–a campaign that had been led by Dr. Chester himself.

Tarnished icons: The mystique of regimented testing has been burnished and tarnished so often that it was surprising to hear a usually sophisticated Advisory Committee weave around the topics. However, it has been about fifteen years since a town meeting campaign that most recently introduced them into Brookline politics. Only a few current Advisory members have been involved long enough to remember.

Although precursors can be found in ancient China, medieval Europe and mid-nineteenth century Massachusetts, regimented testing is largely a twentieth-century phenomenon. A quantitative approach helped give standard tests a claim to objectivity, shrouding heavy cultural bias. The tests reward informally acquired language skills and penalize lack of those skills, tending to make them tests of home and community backgrounds.

When anyone thought to look, a secret emerged: test scores strongly tracking home and community incomes. Trends were discovered with IQ tests in the 1920s, Iowa tests in the 1930s and SAT tests in the 1940s. The more recent tests do likewise, including state-sponsored regimes. Scores from the early years of the Massachusetts MCAS tests showed strong associations with community incomes.

MCAS test scores versus community incomes

BostonMetroMcasPlotAbs01
Source: Significance of test-based ratings, EPAA, 2001

Dumping PARCC: Dr. Chester, of the state education department, has been serving as national board chair of Partnership for Assessment of Readiness for College and Careers (PARCC). Despite a glorified title, PARCC is a commercial test series produced by a division of Pearson PLC, a London-based publishing company. Its cachet has been fully computerized test administration and scoring.

Many observers have described the superficially clever construction of PARCC tests, seemingly designed to confuse and mislead. To people familiar with The Times of London or The Nation magazine, they suggest the prompts for British-style crossword puzzles.

In the United States, supposed merits of PARCC were quickly unmasked. As one experienced teacher put it, “Test manufacturers…tell us…their tests require critical thinking. They are lying. They prove [it with] relentless emphasis on test security.” Pearson will not allow teachers to see the questions that students were asked. If their tricks were to become known, they might easily be foiled.

In his day job as education commissioner, Dr. Chester had been in deep and obvious conflict of interest with his night job as chair of the PARCC board. When finally dumping PARCC on October 20, he arrived late to the party at a national trend. Over two-thirds of the state-level jurisdictions that tried PARCC have dumped it. Even by the obtuse standards of educational testing, PARCC was flagged as a loser.

Dr. Chester’s loyalists sententiously claim “there was no ultimatum given [by] Peyser and Baker”–meaning the new governor and his education secretary. Such pre-emptive denials tend to say the opposite. Politicians may not be great at higher math, but they can count.

Thinking about testing: At the fall town meeting scheduled for November 17, Article 16 seeks support for H. 340, pending in the General Court. Filed by Rep. Marjorie Decker of Cambridge, it would forbid, for three years, the use of “MCAS or another standardized test” as a “condition for high school graduation.” That is what many call “high-stakes uses” of test scores. Rep. Frank Smizik, who represents Brookline Precincts 2-4 and 6-13, is a cosponsor of H. 340 and also a co-petitioner for Article 16.

At Advisory Committee on October 20, Brookline resident Lisa Guisbond spoke for Article 16. She is executive director of Citizens for Public Schools, a Boston-based nonprofit founded to support progressive, public education. “With high-stakes uses of test scores,” she said, “the teaching focus is narrowed to the subjects tested…you lose access to a broad curriculum.”

In Brookline schools, that probably tends to happen with students who are identified as at risk of not graduating because they have trouble with one or more of the tests. Many of those students benefit from programs that try to strengthen their abilities in the areas tested. Inevitably, however, teaching to the test crowds out other areas of knowledge, as well as aspects of a topic that are not going to be tested.

Committee member Amy Hummel sounded eager to “put a moratorium on it.” Since 1993, she said, when a law authorizing MCAS was passed, “there are so many things that are different…MCAS is one vegetable in the pot…In my family, it’s converse to learning.” Few other committee members seemed to have such clear perspectives on regimented testing.

Some committee members tried to extrapolate from personal experience but found it difficult. Committee member Janet Gelbart remembered “studying for (New York state) Regents Exams…taking courses to learn how to take exams” but said her daughter was graduated from Brookline High School “long before MCAS.”

Many committee members seemed to discount educational experiences with testing regimes and instead resort to their hunches about policy. Committee member Fred Levitan said he failed “to see how stopping testing allows people to study it.” Clifford Brown saw “no reason to stop the use of testing.” Lee Selwyn said he couldn’t understand “shutting it down for three years.”

Advisory Committee members seemed confused when voting on the topics. When Sean Lynn-Jones first counted votes on a motion to approve Article 16, he found 9 in favor and 9 opposed, but some committee members said they did not understand what was proposed. After more explanation, a recount found 9 in favor, 10 opposed and 2 abstaining–putting the committee on record as narrowly opposing Article 16.

– Beacon staff, Brookline, MA, October 21, 2015


Warrant for November 17, 2015, special town meeting, Town of Brookline, MA, September 8, 2015

Article explanations for November 17, 2015, special town meeting, Town of Brookline, MA, September 8, 2015

Michael Jonas, Chester abandons PARCC, Commonwealth Magazine, October 20, 2015

Andy Hargreaves, Mary Bridget Burns and Shanee Wangia, The success of schools in Massachusetts cannot be explained by testing, Diane Ravitch on Education, June 18, 2015

An act relative to a moratorium on high stakes testing and PARCC, H. 340, Massachusetts General Court, 2015

David A. Goslin: The Search for Ability, Russell Sage Foundation, 1963

Craig Bolon: School-based standard testing, Educational Policy Analysis Archives 8(23), 2000

Craig Bolon: Significance of test-based ratings for metropolitan Boston schools, Educational Policy Analysis Archives 9(42), 2001

Lisa Guisbond, Testing reform victories, the first wave, National Center for Fair and Open Testing, 2014

Forum: regimented testing in Brookline public schools, Brookline Beacon, October 27, 2014

Craig Bolon, Dr. Lupini moves to Brookline, Brookline Beacon, June 21, 2014

School Committee: Driscoll plans, policies, technology and testing, Brookline Beacon, May 27, 2014

School Committee: celebrations, programs, policies and test scores, Brookline Beacon, May 12, 2014

Advisory Committee: don’t lock up town land

The first Advisory Committee warrant review for the fall, 2015, town meeting got underway at 7:30 pm on Thursday, October 1, in the first-floor south meeting room at Town Hall. The committee tackled Article 6, likely to be one of the most contentious. It recommended against adding more restrictions on use of town land–specifically, Larz Anderson Park–until community needs for school expansion are better understood.

Lakeside view at Larz Anderson Park

LarzAndersonLake
Source: Brookline Recreation Department

Larz Anderson Park: The land now known as Larz Anderson Park was conveyed to the Town of Brookline through the will of Isabel Weld Perkins Anderson, wife of Larz Anderson, III (1866-1937), after she died in 1948. The Weld family, from whom she was descended, had owned the former Windy Top estate since the 1840s. It also owned the site of today’s Hancock Village, using it for a private golf course until 1945.

Although it might seem odd now, Brookline’s 1949 annual town meeting struggled over whether to accept the gift of land. Some said Brookline could not afford to maintain it. The large parcel was then occupied by a mansion, by Italianate gardens at the hilltop and by several support buildings–including a handsome garage for classic automobiles that had interested Mr. Anderson.

Eventually doubts were overcome, and the town meeting voted to accept the bequest. That said the land must be used for park, educational or charitable purposes. A location at the edge of town–64 acres bordering Jamaica Plain, far from the town’s population centers–led to use for what has become Brookline’s best known public park. It includes a small lake, picnic and grill facilities, baseball fields and an outdoor skating rink.

Unfortunately, the Brookline DPW description of Larz Anderson Park on the municipal Web site omits nearly all the rich historical context of the site. The DPW map display offers text that will be unreadable with most browsers and monitors. The map information is not page-linkable, does not name, locate or describe the park features and does not outline the park boundaries–a disgrace.

Parkland protection: For many years, most involved in Brookline’s government had thought the major town parks were protected under Article 97 of the Massachusetts state constitution. However, several may not be, including most of Larz Anderson Park. Parkland protection under Article 97 requires a declaration by a town meeting.

At a public hearing held September 30 by the Advisory subcommittee on capital, Joslin Murphy, the town counsel, testified that the status of protection for several Brookline parks is uncertain. Recent cases from state appellate courts say protection is not active simply because of ways land has been acquired or used.

Restrictions in wills, deeds and trusts are not generally permanent, under Massachusetts law. Brookline was sharply reminded of that by the recent Court of Appeals decision affecting Hancock Village. In many circumstances, those restrictions expire after 30 years. Massachusetts General Laws, Chapter 184 (Real Property), Section 23, provides (in part):

“Conditions or restrictions, unlimited as to time, by which the title or use of real property is affected, shall be limited to the term of thirty years after the date of the deed or other instrument or the date of the probate of the will creating them, except in cases of gifts or devises for public, charitable or religious purposes.”

There are other exceptions to the 30-year rule. Conditions of wills and deeds involved with Brookline parks will need review. Brookline also needs to review which parks or parts of them are covered by town meeting declarations protecting land under Article 97. Such protection can be altered, but according to Ms. Murphy that takes a unanimous vote of the supervising board and two-thirds votes of both a town meeting and the General Court. Only votes in the General Court are required by Article 97. Ms. Murphy did not cite any sources for other requirements.

Proposal and background: In Article 6 for the November town meeting, the Park and Recreation Commission is proposing to declare about 55 of the 64 acres at Larz Anderson Park protected under Article 97. That would be needed to satisfy requirements for a state grant, reimbursing parts of planned improvements. The hilltop, now occupied by the town’s skating rink, was protected in 1998. According to Ms. Murphy, most of the remaining park area is probably not similarly protected.

In 2013, under item B.15 of Article 8, the annual town meeting appropriated $0.66 million for a program of improvements at Larz Anderson Park. However, the DPW Division of Parks and Open Space had developed a plan needing more than $1 million. For the balance, the division expected to seek state support. The division has prepared an application for a $0.4 million grant, not yet acted on.

Brookline’s continuing surge in school enrollment became a wild card in the deck. In December, 2014, the town hired a consultant to review needs and possibilities to build new schools. After a surge of school building during the middle and late nineteenth century, school sites have become a foreign topic. During the twentieth century, the only new school site was for Baker School on Beverly Rd., opened in 1939. The new Lincoln School opened in 1994 at the former, private Park School site on Kennard Rd.

It has been more than 75 years since Brookline had to search for a wholly new school site, one that was not in similar use before. Over that time, the town has become fully built-out, and land prices have escalated. If Brookline tried to buy land equivalent to Larz Anderson Park today, $50 million might not be enough. Most of that parkland area apparently remains eligible for use as a school site.

Advisory review: The Advisory subcommittee on capital brought in a recommendation against Article 6, by a vote of 1-4. Amy Hummel took more than ten minutes to present it, mentioning only at the end that all the other subcommittee members opposed Article 6. A prospect of locking up $50 million or more in permanent land value in return for $0.4 million or less in one-time state aid had not convinced them.

Erin Gallentine, the director of parks and open space, tried to sway the committee with arguments about a 1989 “master plan.” She said park improvements were “the next big vision for the community.” The 1989 document has not been available on the municipal Web site–a plan that few committee members had even heard about. The recently prepared grant application has not been available on the municipal Web site either.

Strangely, Ms. Gallentine did not distribute details of the grant application to Advisory Committee members, who were left to imagine what it proposed. Committee member David-Marc Goldstein asked how likely Brookline stood to get $0.4 million. Ms. Gallentine offered a rambling reply that sounded uncertain. An amendment was offered to restrict spending to any amount awarded. John Doggett asked about protecting a smaller part of the park. Ms. Gallentine complained she would have to change the grant application.

Exploring an activity that seemed contrary to restrictions of the Anderson bequest, Leonard Weiss asked how DPW equipment garages came to be built on Larz Anderson land. Ms. Gallentine claimed not to know, saying that had happened “before my time…done by the Park Department.” The former independent department was made into a DPW division through a 1981 town meeting article, after long-time director Daniel Warren retired.

Carla Benka, chair of the subcommittee on capital, described her work years ago to get Larz Anderson Park listed on the National Register of Historic Places. That insures a process of review for most proposed changes. She questioned the relevance of a 1989 plan, comparing school versus open-space priorities and saying, “It’s not right to play favorites…a whole lot has changed in 26 years.”

Several committee members defended Article 6 against detractors, including Mariah Nobrega, Michael Sandman and Stanley Spiegel. However, few votes were there for those views. Ms. Benka joined a majority of more than two to one, recommending that town meeting turn down Article 6.

– Beacon staff, Brookline, MA, October 3, 2015


Larz Anderson Park information and reservations, Recreation Department, Town of Brookline, MA, 2012

Memorandum and order, case number 2014-P-1817, Town of Brookline and others v. Massachusetts Development Finance Agency and others, Massachusetts Court of Appeals, September 25, 2015

Sanjoy Mahajan v. Department of Environmental Protection, Massachusetts Supreme Judicial Court, 464 Mass. 604, 2013

Board of Selectmen of Hanson v. Melody Lindsay, Massachusetts Supreme Judicial Court, 444 Mass. 502, 2005

Adele Toro v. Mayor of Revere, Massachusetts Court of Appeals, 9 Mass. App. Ct. 87, 1980

Massachusetts Constitution, as amended through 1990, see Article XCVII (97, approved 1972) and Article XLIX (49, superseded)

Warrant for November 17, 2015, special town meeting, Town of Brookline, MA, September 8, 2015

Article explanations for November 17, 2015, special town meeting, Town of Brookline, MA, September 8, 2015

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

Craig Bolon, School enrollment: no room in the inn, Brookline Beacon, December 26, 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