We frequently hear candidates for both state and local office tout the fact
that they were born and raised in Framingham. This undoubtedly makes the
candidate knowledgeable about the history and neighborhoods of the city and
over the years has probably resulted in many long-term friendships and
relationships with residents and businesses throughout the community. This
background knowledge can sometimes be very helpful in carrying out the
responsibilities of the office, but it also may have other implications.
Such relationships can also create dilemmas for the office holder. When a
member of a particular board or commission is faced with making a decision that
will have a major impact on a resident or business with whom they have had a
friendship over the years, it can be very difficult or uncomfortable to deny
the permit or request. Voting a decision that will be advantageous to the
applicant but not necessarily beneficial to the neighborhood or in keeping with
the requirements of the specific statute is not how good government should
work.
Recently under discussion is the degree of experience a candidate should have,
particularly as it pertains to the Zoning Board of Appeals. All zoning
variances require a three member unanimous vote for approval. If two members
have had lengthy experience on the Board, does this mean that the new third
member must or will necessarily agree with the viewpoints of the more
experienced members? Should the new member vote based upon the positions taken
by the other members, or should they listen to all the facts from both the
applicant and the public and form their own opinion focused upon the legal
statutory requirements and specifics of a given matter – even if it conflicts
with the experienced members opinions and results in a denial of the variance
request?
Lastly, it has been traditional for ZBA associate members to act as the Sign
Review Committee. The Sign Bylaw is far more complex than the variance
statute, yet many folks seem to feel that it is fine for the new, inexperienced
associate members to assume this more challenging role despite their relative
lack of experience.
Having watched the interviews of all the candidates and read their professional
backgrounds, I feel we are fortunate to have so many excellent choices for the
new ZBA board members. Their professional credentials are varied, and, in most
instances, are in fields helpful to understanding zoning issues .They live in
different areas of Framingham and because many are relatively new to the city,
are less likely to have numerous long-term relationships with applicants or
businesses. The very uncomfortable situations created for Board members when
weighing friendships with legal criteria will be significantly reduced and
decisions made in an unbiased manner and in keeping with the law.
I commend the Mayor and the representatives from our professional staff for
selecting these excellent candidates and sincerely hope the Council shows its
wisdom in appointing them to the Zoning Board of Appeals.
Sue Bernstein