HomeMy WebLinkAbout1971-11-30-APPOINT-min.pdf )-
r
Meeting of the Committee was held at 7 : 30 P.M.
in the Tow- Office Building on November 30, 1971.
Present were Mary Louise Burri, Patricia K. Hagedorn,
John T Harvell , Frank T Parrish, Stepehn Politi
and Sam Silverman, and the invited guest, Mr Donald E
Nickerson, Chairman of the Board of Appeals .
Mr . Nickerson explained earlier practices of
the Board of APPeals . The authority for the Board
of Appeals is derived from the General Laws of
.lazaacnuseets . He suggested that one read the Zoning
By-La\ which spells out in great detail what the
Board may do and has a scale of over functions
th t can he brought before the Board of Appeals
There is also a description of the districts and the
functions which are permitted within the various
districts throughout the town. There are many zones
ncy7 and this is a rather complicated business. In
La: Nickerson ' s memory the Zoning 3y-Laws were
c' anged at least twenty times and several times
maLerially When an unusual matter is to come before
the Board of Appeals, it is Mr. Nickerson ' s practice
to call Mr Zaleski, the Planning Director for the
Tun of Lexington, who nas drafted the most recent
By-Lav , ard ask him to indicate the various places
within the By-Law that the Board should take into
consideration.
The Board ' s work includes the giving of per-
missions (which may be one year in some instances,
as for example : to nursery and kindergarten schools
which are conducted in one ' s home; or for roadside
stands which now are hi-annual; or for as long as
the house is maintained as their home to doctors,
so that they may maintain an office in their homes .
The Board also grants variations of the By-Law
and thirdly makes Findings and Determinations as
required by the By Law. Mr . Nickerson indicated
that the Board of Appeals usually follows the
Planning Board ' s directions, but there has been at
least one case in which they did not.
The Building Inspector issues building permits .
If the BLa,lding Inspector says "no", that in his
jrdg'nent a building permit cannot issue, then the
person who has been denied the building permit may
come before the Board of Appeals for a variation or
for a special permit
Mr Nickerson was asked how one would go about
finding cut vhether or not a certain practice was in
'11
-2-
violation of the zoning By-Law. It was suggested
that one should consult the Planning Director as
well as the Building Inspector. Written complaints
or incuiries may be made of the Building Inspector
who will investigate to determine wnether or not a
violation is involved The Building Inspector would
report to the Board of Appeals, if there is a violation
of practice where a special permit is involved . The
Building Inspector tells the party who is in violation
to cease and desist the practice or, as an alternative,
go before the Board of Appeals to get permission for
the practice which they are following. If they won ' t
do either, he takes them to Court. If the violator
petitions the Board of Appeals to be allowed to
continue then the matter is before the Board of
Appeals . Other than that, the Board of Appeals can
have no interest in it .
If the Building inspector does not think there
is a violation then the aggreived person has to take
the Building Inspector to Court. The Board of
Appeals had petitioned the Board of Selectmen for
help f i Mr. Irwin, the Building Inspector, so
Mr. Kelley now helps Irwin. The sign By-Law was
being violated in several areas of the town.
II .
The Meeting then considered the appointment
procedure to the Board of Appeals . An earlier
practice had the Chairman of the Planning Board
a liason man on the Board of Appeals . After the
war in 1948 while Mr Nickerson was on the Board
of Selectmen this practice of having a member
• from the Planning Board was discontinued .
The Board of Appeals makes no nominations when
vacancies occur . Mr. Nickerson indicated that
Planning Board experience would be very valuable
criC the Board of Appeals, but the Board has never
made suggestions as to who should be appointed or
asked for anyone to be appointed. The selection
job belongs to the Board of Selectmen. However,
the Board of Selectmen have always been gracious
enough to consult the Board of Appeals prior to
making an appointment indicating those whom they
were thinking of appointing and have always asked
whether or not the nominee would be compatible to
the Board of Appeals In all his years on the Baird
of Appeals Mr. Nickerson knows of only one instance
in which the Board of Appeals was not in agreement
on the Selectmen ' s nomination.
-3---
he c-1, 2_Ftin was askedlethe length of time
members serve on the Board of Appeals . The Chairman
(Mr. Nickerson) has served since 1948 (?) Charles
abbott is just beginning his third term (each term
is for five years) , so that would make him probably
in his eleventh year on the Board . He previously
had been a Chairman of the Planning Board and had
worked as President of the Cambridge Gas & Electric
Company. George Wadsworth, Professor of mathematics
at MIT had been Chairman of the Planning Board ,
George Sheldon, who had a rubber business, was re-
appointed in 1970 and he had formerly been a member
of the Board of Selectmen; Howard Dawes had been
with General Radio Company before his retirement
and he is in his fifth year with the Board of
Appeals. (He has been active for over 30 years in
town affairs) . The six Associate members include
George Emery (he had been a Selectmen) ; Ruth Morey
(had been a Chairman of the Board of Selectmen and
also a member of the School Committee) ; Woodruth
Broadhead (active in town in the Red Cross and
other civic groups) ; Logan Clark (had been Chairman
of the School Committee) ; Haskell Reed (had been
a Selectman) ; Irving Mabee (had been a Selectman
and a member of the Planning Board) .
I
The six ssocia es are appointed for one-year
terms and they are re-appointed from year to year .
Mr. Nickerson indicated that when "Conflict of
Interest " was discussed in Lexington a few years
ago Harper Blaisdell, who had been a member of the
Board of Appeals, decided there might be a conflict
with his work on the Appropriations Committee and
so he resigned from the Board of Appeals. Also,
Bob Farwell, who was also on the School Committee
at the time, resigned from the Board .
Nr Nickerson was asked if the number of
4ssociates could be increased and the answer was
that the Selectmen could appoint more if they
wish In response to requests from the Board of
Appeals the Selectmen had in the past increased the
number of associate ‘jembers .
III .
Mr. Nickerson indicated that he had occasion to
ask the Board of Selectmen a question, maybe once or
twice a year, especially when a new type of problem
was presented which puzzled the Board of Appeals
and the Board was interested in having the Board of
Selectmen' s opinion. They have also asked the Town
Manager, as for example, on the Masonic Lodge proposal,
for his opinion. The Board asks for legal assistance
-4-
.hen they are taken to court. The Town Counsel, at
the recaest of the Selectmen, defends the Board of
Appeals Sometimes the Board of Appeals may ask
the Chairman to check with Town Counsel for his
opinion on a matter. For example, they may vote a
matter subject approval by Town Counsel. If Town
Counsel should not feel that it was proper, then
the Board -eats again and unvotes the prior positive
vote.
IV.
Cl-airman does try to discourage people
where 1-,e knows they have no hope of having an item
approved . It ' s a waste of their time and money to
petition tl-e. Board as there are some requests which
are not going to be approved . There are, however,
a larger group which are going to be approved and
ancaher large group which are questionable. Example.
The use of part of his home by a doctor, in this
case a psychiatrist, who holds family counselling
sessiors one day a veek of appl-oximately eight
far ilies (Probably three parsons to a family) plus
some o :servers It was quite clear to the Chairman,
Mr Nickerson, that at least eight or nine cars would
be involved. He asked some questions as to whether
or not this was proper use. When a doctor comes
before the Board of Am-peals the Board asks itself:
(1) Whether the work which the doctor wishes to
do is the work of an M.D. ,
(2) For a plan of the doctor ' s house and an
indication of the quarters which are to
be used including the toilet facilities,
(3) a plot plan and an indication of ho oi the
parking problem is going to be solved, and
( ) inquire as to whether the doctor sees
patients by appointment or otherwise.
The Chairman indicated that roadside stands used
to come in every year along with kindergartens, now
that roadside stands come in every other year and
the kindergarten requests have been reduced to only
two from what used to be eight or nine, this routine work
has been lessened.
Mr. Nickerson was asked how the Board had evolved
in the last fifteen years or ho v he would categorize
any changes in the Board of Appeals
The Board has become more and more responsible
in that more and more jobs or areas have been
assigned,for approval: "At the discretion of the Board"
A ±6
New zoning usually is passed with the requirement
"and with the approval of the Board of ApPeals " .
Mr Nickerson then referred to Findings and Deter-
-5-
minations. The Planning Board must submit the
information to the Board of Appeals but the final
decision is that of the Board of Appeals . The
finding does, however, tend to become a rubber
stamp Discussing the work of the Board he indicated
that so far in 1971 there have been 81 petitions;
in 1970 there were 88; and in 1969 there were 100 .
The Board ' s decisions are made with the Zoning
By-Law in mind. The Board exercises its judgment
in each individual case. The question asked is :
"If it is for the good of Lexington? " The members
vote whichever way feel they respond to that
question The Board has no other motivation than
to do what is good for Lexington.
The Board has been taken to court (the
McCormack case) by the Planning Board. The court
found for the Board of Appeals . (The Board had
granted McCormack the right to build a building on
that section of Mass. Ave. down near Wardrobe ' s
Pharmacy Mr. Abbott, who is now on the Board of
Appeals, was then Cnairman of the Planning Board
The Panning Board felt that the Board of Appeals
had exceeded authority and took it to court and lost) .
Mr . Nickerson then pointed out the house at the
corner of: Vinebrook and Yaltham St . First the Board
granted permission for an insurance office there and
then they granted a second permit for a law office.
The property has been sold recently and the owner
wants to open a linen shop. The question is going
to be; ),ihat to do?"
V.
Mr Nickerson left. Mr. Grush was notified
that the Committee would not be able to meet with
him on this evening. The members present considered
where the committee should next direct its interest.
The Committee has met with Mr. Legro, Mr. Perry and
Mr . Nickerson.
Mrs. Burn i felt that we were in a se-nse, waiting
our time as there wasn' t anything that we would want
to do to change things. Mr Politi passed out a
statement which he had prepared on how judges are
appointed in Massachusetts. Mr. Harveil suggested
that we set up severalend results and try to
structure our work toward eliminating them or
accepting them He suggested (1) that we leave
things as they are; (2 ) that we petition the
General Court to have the Town Meeting given
appointment authority; or that (3) we do something
in between.
"10r
-6-
Mr.
Silverman felt that there is a sequence here.
For example who chcsses the nominees. He talked with
people in Bedford where they have a selection committee.
He ' d be interested in knowing hat is the basic pool
of nominees from which the Moderator and the Board
of Selectmen make their appointments�'as they make
most of the appointments for the town. (2) Should
we have a selection committee to select some nominees
from which the final selection should be made? He
suggested that perhaps the Selectmen should make
their choice known and then a public hearing be
held on the nominee.
At present, the Selectmen do not publish agenda
for their meetings The appointments to Boards and
Committees are not necessarily on the agenda in
advance. Why isn ' t the agenda published as it is
for the School Committee? Why isn ' t there open
discussion either with or without public participation
on the questions of nominees for various boards and
committees?
Mr. Parrish indicated that he believes we should
differenL_ace among the groups included in the
article. Some appointments are of professionals to
do professional jobs and paid professional fees .
These persons are usually unknown until they have
been appointed and come into the town to work, as
foi example, the Town Manager . (Perhaps also the
Town Counsel) These persons are to work for and with
the elected officials. On the other hand, there are
Boards and Committees composed of non-professionals .
Persons appointed to these are usually ones who have
been a part of the town gover -iment for a long time.
Mr. Parrish thought it important to differentiate
between them. He sees no way in which he would want
to influence the appointment of professionals working
as professionals. On the other hand, he says the
appointment to the various boards is a different
matter. None of these appointees are pr_dfessionals
working as professionals .
Mr. Perry, the Comptroller, thought of himself
as a watchdog, whereas Mr Legro, Tum Counsel, does
not think of himself in that role. The Appropria-
tions Committee, is, in a sense, a watchdog as it
watches over the budgets presented to make sure the
amounts are reasonable.
Members of the committee are going to examine
how other cities and townshandle the "watchdog" function.
The Meeting adjourned.
Respectfully submitted,
Patricia K. Hagedorn