Council rejects Framingham mayor's picks for ZBA August 21, 2018
Jim Haddadin 617-863-7144 Metrowest Daily News
FRAMINGHAM - Dealing Mayor Yvonne Spicer another setback, the City Council on Tuesday rejected the mayor's picks for the Zoning Board of Appeals, saying the group was largely unprepared to serve in one of the community's most important roles.

Councilors voted 8-3 to reject Spicer's appointments to the board, which plays a key role in shaping development in the community by granting variances to zoning rules.

The panel has long been led by Chairman Phil Ottaviani, a local real estate broker who has served on the board for two decades. While he sought to keep his seat, Ottaviani was passed over by the mayor, who said she wants to bring new perspectives to the board, which has been criticized in recent years for decisions some viewed as overly friendly to developers.

Ottaviani's name loomed large at the council's meeting Tuesday, where more than a dozen people lined up to speak about the mayor's picks. Many said the longtime ZBA chairman should remain in his post, crediting Ottaviani for his profound impact on the community through his time on the board.

Councilors largely refrained from mentioning Ottaviani by name during their deliberations, but many expressed the sentiment they were uncomfortable with the fact that five of the mayor's seven nominees for the ZBA have no prior experience in local government.

Councilor at Large Cheryl Tully Stoll, who chairs the appointments subcommittee, said she was impressed with the individual qualifications of many appointees, but was wary of putting newcomers into the role of full member.

The board serves a quasi-judicial function, interpreting the city's bylaws and ordinances in matters that shape neighborhoods for decades to come. Despite her lengthy experience in government, Tully Stoll - the former chairwoman of the Board of Selectmen - said even she would feel feel unqualified to serve on the ZBA without more experience in land use matters.

"The hope is that we get another list of names" from the mayor, Tully Stoll said. "Hopefully a lot of the same people will be in there, in just different capacities." LISTEN: News you can use

After interviewing the candidates earlier this month, members of the council's appointments subcommittee said they were troubled by the group's inexperience and lack of familiarity with Framingham's neighborhoods.

Excepting those appointees who currently serve on the ZBA, most said they had never watched or attended past boards meetings. Most have lived in Framingham for six years or fewer - one moved to the city this spring, and another has lived here for a little more than a year.

Councilors were also troubled that the mayor didn't personally interview the candidates, but left the vetting process to an ad hoc committee of her choosing, which recommended the final nominees.

Nine men and two women applied to serve on the board, which was already due for a shakeup in its composition. Full member Susan Craighead and associate member Ted Cosgrove planned to end their tenures, and associate member Joe Norton moved to the Planning Board in July. Another associate member position has been vacant since last year.

A five-person screening committee selected by the mayor interviewed the applicants. Members included representatives of the Inspectional Services, Community and Economic Development and Human Resources departments, as well as the ZBA and Planning Board.

Defending her choices Tuesday, Spicer said she used the same process to seat members of other city boards, including the Board of License Commissioners and Traffic Commission. Spicer said she desired to maintain a consistent, equitable and fair process, and looked for candidates who were qualified for the job, and offered a diversity of experience.

"None of you have been city councilors before," she said, "and just as I have never been a mayor before, we do come to this position with other knowledge that helps us in these roles, and that's what I recognized in (this) slate of candidates."

Councilors Mike Rossi, of District 6; Margareth Shepard, of District 7; and Judy Grove, of District 8, voted against rejecting the mayor's full slate of candidates.

"Some things you are able to learn at school. Other things you learn at life," said Shepard, who is serving one of her first leadership roles in local government. "Sometimes you can learn both at the same time when you have one experienced person beside you willing to help you, and that happened with me."

Shepard asked the board to avoid taking action on the mayor's picks, in hopes the group could reach an accord with Spicer over how to amend her roster of candidates. But Tully Stoll pointed out that councilors faced a 21-day deadline to approve or reject the appointees under the city charter.

Grove, a vocal critic of the outgoing ZBA, said the group has made decisions that hurt residents of the Southside in the past, including approving the continued operation of a landscaping business at a polluted site on Irving Street. Grove proposed seating at least one of the mayor's appointees as a full member of the board, while rejecting the rest.

"We need new blood on the ZBA," she said. "To continue it the way it is is wrong."

But most councilors were unswayed, saying they hope the mayor will find a way to blend experience and new ideas on the ZBA.

"The ZBA is as high stakes as it gets in our community," District 4 Councilor Michael Cannon said. "Zoning protects our neighborhoods, and the Zoning Board of Appeals is the body that's charged with deciding when it's OK and when it's not to break the rules, and the consequences can be litigious ... and costly."

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