The Marion Board of Selectmen on August 20 held the final two of four interviews as they prepare to appoint – or reappoint – someone to fill the two ZBA seats up for grabs.
It started out well enough as current ZBA Chairman Marc LeBlanc gave an overview of his experience as a real estate broker and member of various real estate associations, then later as a real estate office manager.
LeBlanc explained that the ZBA “never sets a precedent” and reviews cases on an individual basis, and that the bylaws are written in a relatively vague way “on purpose” that “apply to different people in different circumstances differently.”
“What’s an issue for one case may not be an issue for another one,” said LeBlanc.
The task of the ZBA, he said, is to either uphold the building commissioner’s determination or overturn it. He hesitated to comment specifically on cases that have entered into litigation, prompting Peter Douglas, a Front Street resident who has begrudged the ZBA since it ruled against his position in one case, to sneer, “My litigation is settled,” as an invitation of sorts to discuss it.
LeBlanc moved past that and entered into the ethics training he’d attended before addressing one issue he says he has encountered on the ZBA. LeBlanc stated that he has, in the past, heard a fellow ZBA member suggest allowing an application to pass based solely on who the applicant was, and said, “Sometimes names get in the way; we try not to let them get in the way. The rules are the rules.”
LeBlanc called the current ZBA “well-rounded” as a board after months of struggling to recruit enough board members to ensure a quorum every meeting. Now, however, there are more applicants than there are seats.
LeBlanc closed by stating that he has had some encounters with disgruntled residents in the past, adding, “My reputation is everything to me. I have had no dealings that would embarrass the town or myself.”
Meanwhile, Douglas sat at the back of the room seated next to Ted North who was interviewed last week for a seat on the ZBA. The two quietly giggled over Douglas’ iPad and whispered to each other and smiled.
Later, the board interviewed ZBA applicant Christine Frangos, a private practice corporate attorney and skilled negotiator eager to share her skillset with the town.
“I’ve always been an active member of whatever community I’ve been a part of,” she said. She established and taught a course at Boston University titled “Law in Everyday Life” and spoke with a hard copy of the town’s zoning bylaws in her hand.
“There’s a lot here,” she said waving the black binder in the air, “and I actually think that this is a pretty dense law.” She continued, “I think this is actually pretty well-drafted. … What this town needs is people who are really willing to dive in, look at what’s on the page … and also look at precedent.”
Although LeBlanc differed in his opinion on setting precedents, Frangos finds value in them.
“Prior rulings – what’s really important about law … is people need, when they’re buying property, … to have something to rely on. Property values can really be affected by what’s in this code.”
So, if the selectmen are looking for someone to really dive into the regulations, which they have previously expressed that they do, Frangos is willing.
“I’m somebody who really loves diving into these dense things … [and] my training as a lawyer doing this work would really serve the ZBA and the town well.”
After a bit more discussion, there weren’t any questions remaining.
“I’m good,” said Selectman John Waterman.
“You certainly have a broad background,” said Selectman Norm Hills.
Soon after, the public was invited to provide comments, which Douglas accepted with vigor.
Douglas, armed with his iPad, started out by mentioning two cases pertaining to local developer Christian Loranger, including the one at the property that abuts Douglas next to 324 Front Street. In that case, the ZBA voted to allow Loranger’s plan to move forward, which led to Douglas filing a lawsuit against the town.
Douglas then presented the board with “evidence” that, contrary to LeBlanc’s statement that he no longer was associated with a Jack Conway real estate office, shows that he does, according to Douglas. He further stated that, “essentially, everything” that LeBlanc stated during his interview was either false or deliberately misleading. Douglas presented his personal vendetta against LeBlanc to the board, even presenting a printout of some Facebook post comments Douglas alleged LeBlanc made with bias about a case that was in front of the ZBA, which he said LeBlanc later deleted.
He then accused LeBlanc, ZBA member Michelle Smith (also up for reappointment), and ZBA member Tad Wollenhaupt of being “in the pocket” of a local developer, eliciting a weird side-look from Wollenhaupt who was present near LeBlanc.
Douglas even berated LeBlanc for not knowing off the top of his head how to calculate volume (length x width x height).
Fellow ZBA member Robert “Bob” Alves came to LeBlanc’s defense and said, “As long as I’ve been on that board since Marc LeBlanc has taken over, … everyone on that board gets along very well.” He said he understands that, “If things don’t go their (applicants or abutters) way they’re very unhappy.
“Mr. LeBlanc has done a fine job,” insisted Alves.
The vote to appoint – or reappoint – will take place during the next meeting. The selectmen may also decide whether to stagger ZBA term appointments and possibly even alter the number of years in a term.
Also during the meeting, after two interviews with two current Conservation Commission members, the board expressed its gratitude for the pair’s expertise, work, and commitment, and approved their reappointments for another three-year term.
Shaun Walsh works for the Department of Environmental Protection (DEP) and possesses in-depth knowledge of wetlands issue and the Wetlands Protection Act.
“It’s a great commission right now,” said Walsh. “The members that currently serve are all passionate about it … fair, … and that’s what I strive for … a consistent and fair interpretation of the Wetlands Protection Act.”
Cynthia Callow joined the commission in 2013 as an associate member who enjoyed the ability to “listen and learn” before her appointment as a full member. Her interest in flowers, she said, prompted her to join the commission, and she candidly quipped that she thought that would be enough to be an effective ConCom member. “I quickly learned that it was not,” she said, eliciting a few laughs. Since then, Callow has attended a number of trainings and even served as ConCom chair for two years.
In other matters, the board granted Police Chief John Garcia’s request to change Sergeant Jeffrey Habicht’s one-year probationary appointment to a permanent appointment.
Margie Baldwin, on behalf of the Cemetery Commission, discussed some suggestions on ways to help the commission maintain the cemeteries and, possibly, improve their state.
“I think our cemeteries should be more beautiful,” said Baldwin. “I think we can be better, and I think it’s about maintaining what we have and improving it. “
She suggested designating Department of Public Works staff to provide some close supervision and labor, an idea the selectmen said they would consider.
The next regular meeting of the Marion Board of Selectmen is scheduled for August 27 at 7:00 pm either at the Marion Town House or the Police Station.
Marion Board of Selectmen
By Jean Perry