New Members Recommended For Zoning Board Of Appeals
Report On The Meeting Of The Community Resources Committee, June 15, 2023
These interviews were held over Zoom and were recorded. The recording can be viewed here.
The Community Resources Committee (CRC) of the Amherst Town Council interviewed five applicants for the Zoning Board of Appeals (ZBA) on June 15,2023. As of July 1, there will be two vacant full (three-year) positions on the ZBA and up to four vacant one-year associate positions. Hilda Greenbaum, Everald Henry, Sarah Marshall, David Sloviter, and Phillip White submitted statements of interest for the positions. Marshall and Sloviter have served as associates for the past year. Greenbaum was on the ZBA for eight years in the past. Current members Dillon Maxfield and Tammy Parks did not apply for a second three-year term, and associate members Vince O’Connor and Jordan Helzer also did not submit applications.
The candidates summarized what they could contribute to the board. Greenbaum cited her experience with several Chapter 40B applications for affordable housing and 40 years of involvement with Amherst’s planning and zoning. Henry is an attorney whose partner is a tenured professor, so he intends to remain in town long-term. He said he is skilled at interpreting laws and ordinances and in fostering collaboration among people. Marshall said she gained considerable knowledge in her year as an associate on the board, and does not think her lack of experience in planning hindered her participation in panels. Sloviter mentioned his long experience in business and service on various boards of organizations. White said he went back to school in his 40’s and is currently an undergraduate at Amherst College. He said he has experience with land use that he gained by serving on committees in Wilmington, North Carolina.
Some differences in the candidates’ outlooks on the role of the ZBA arose during the interview. In addressing whose interests should take precedence if there was opposition to a project, Marshall felt that if differences could not be mediated, the interests of the property owner should take precedence. She said, ”I would not want the abutter to effectively have veto power over someone else’s property, because in the end, our country recognizes and enforces strong property rights.” Sloviter disagreed, saying he didn’t think any party has “an inherently greater significance, except perhaps abutters. They are the ones who will be most affected, and also the interests of the town in general, the greater good.”
Greenbaum said the ZBA must be impartial and must act in an unbiased manner. White agreed, but thought most often a compromise could be reached between parties. Henry felt the if there was a conflict between a property owner and the town, the ZBA should “apply the least restrictive means to achieve a compelling government interest.” He added that between residents, one neighbor should not be given greater significance. “I like the greater good position—what is the significance of the request? How does it benefit the community as a whole? So again, my answer is, it depends.”
A Complicated Deliberation
CRC members asked no follow-up questions, but spent almost two hours debating the appointments. CRC member Pam Rooney (District 4) thought that the two current associate members, Marshall and Sloviter, should be promoted to three-year positions and the other three appointed as associates. However, CRC Chair Mandi Jo Hanneke (at large) said that would mean all five ZBA members would live in District 4. She said she was impressed by Henry’s legal background. He lives in District 5; Greenbaum lives in District 1; and White lives in District 3.
CRC member Pat DeAngelis (District 2) said she also went back to college in her 40’s and was impressed with White’s decision to do so. Her choices for the full positions were White and Marshall. Shalini Bahl-Milne (District 5) agreed.
Jennifer Taub (District 3) was uncomfortable with Marshall’s statement that the rights of property owners have precedence. Rooney agreed with her, saying the Special Permits granted by the ZBA are discretionary, meaning they don’t strictly adhere to the Zoning Bylaw, so can be denied, but she said most projects can be modified to meet the needs of the owner, abutters, and the town.
DeAngelis countered by pointing out the opposition of abutters to the studio apartment building being constructed at 132 Northampton Road, with many objections verging on racism. She said, “I get tired of the Amherst culture wars, and I feel like Sarah Marshall, David Sloviter, and Hilda Greenbaum have experience, but bring baggage. I would love to get two fresh voices, knowing I would have the backup of Sloviter, Marshall, and Greenbaum.”
The CRC then voted 5-0 to recommend that the Town Council appoint Henry and White to the three-year full positions and the other three as one-year associates. The Town Council will vote on the appointments at the June 26 meeting.