Residents outraged over Appeals meeting
Published on August 5th, 1998
STONEHAM, MA - Looking for some excitement in the dog days of August?
Well, mark August 27 on your calendars for what is sure to be one of the most heated and emotional Board of Appeals meetings in recent memory, pairing Beacon Street residents against the Visiting Nurse Association (VNA).
Last Thursday's meeting ended in an abrupt fashion as board Chairman Lawrence Allen called for and received an adjournment vote while Beacon Street resident Alexander Janko was in the middle of his tirade denouncing the actions of the VNA and what he and other resident's deemed as the board's lack of preparation for the case.
The meeting, which was relocated to the Town Hall Banquet Room after supporters and opposers of the VNA outnumbered seats in the Hearing Room, began cordially enough when VNA Attorney Charles Houghton and Attorney Stephen Columbus, representing Beacon Street residents, explained their positions on Alternate Building Inspector John Gregorio's determination of the East School lease.
In Gregorio's April 30 correspondence to Columbus, he stated that he had conducted a review of the building and had determined that the VNA had made changes to the building and to grounds surrounding the structure which were in violation of the lease.
He explained that the school's basement area had been converted and was being used by professional staff and that the parking area was increased by more than 100 feet. Gregorio, however, failed to act upon the finding, stating that, "As an alternate zoning enforcement officer, I have no authority to begin eviction proceedings."
Houghton said that the parking lot was increased by a Town Meeting vote, not under the direction of the VNA.
He also explained that questions raised by Gregorio about the 1983 lease and subsequent Board of Appeals finding led Houghton to believe that the alternate building inspector had misinterpreted wording in the board's determination (see adjoining story for explanation).
Columbus countered by saying that Gregorio's statements in the correspondence were, in fact, the proper ones.
Board members appeared flustered at the amount of legalese involved in the 1983 lease which was being debated by the two attorneys and Allen suggested that the board speak with Town Counsel William Solomon and Gus Niewenhous, Chairman of the Board of Appeals in 1983 and also an attorney, about the interpretation. Presently, there are no attorneys on the Board of Appeals.
In addition, Allen suggested that the board suspend the hearing until these conversations take place.
At this point, Janko addressed the board, urging them to allow the numerous concerned neighbors speak their piece about what they deem as unneighborly actions exhibited by the VNA.
"They have violated our neighborhood to the point where they've ruined it," Janko said.
The chairman initially refused this plea, but a few residents were able to gain control of the floor including one who said, "We have no neighborhood anymore. (The VNA has) outgrown the school.
"Don't you all (Board of Appeals members) prepare for these meetings? I know when I get to these meetings, I'm prepared."
Board member Frank Mitrano explained that they had received some of the information about the hearing late and were not aware of the tactics either side would use to prove their cases.
"It's not that we don't want to hear you," he said. "It's just that we need to get more information about the facts."
Allen had stronger statements for the crowd of angry residents and the large group of VNA staff and supporters, two of which who had spoke briefly on the merits of the organization earlier in the meeting.
"This whole situation is inappropriate to be before this board," he said angrily. "(The School Committee has) had plenty of opportunity to take care of this when the lease was up."
The issue will be presented before the board again on August 27 due to the appeal of Gregorio's finding by the VNA.
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