Selectmen Say No To Special Town Meeting

The Board of Selectmen denied a petition by Wayne Johnson for a special Town Meeting at Wednesday night's Board of Selectmen meeting.

Bubier Road homeowner Johnson had gathered enough signatures of registered voters to petition the selectmen call a special town meeting to save his home. 

Johnson wants to put an amendment before the town, which would amend the Zoning Bylaw to make his home - ruled unacceptable in land court and under town laws - acceptable, and prevent his home from being torn down. 

After a decade of fighting, a Land Court Judge ruled this summer that the home must be torn down by Oct. 4 or Johnson will be held in contempt of court. 

"I can't support holding a special Town Meeting," Chairman Jim Nye said. "There is not enough time to study the wide range of effects this zoning change would have."

At Wednesday night's meeting, Assistant Town Counsel Lisa Mead told selectmen that statute says selectmen "shall" hold a town meeting within 45 days of a certified petition. 

A caveat to that, Mead said, is General Laws Chapter 39, Section 12, which  reads, "If the selectmen unreasonably refuse to call a town meeting, a justice of the peace, upon written application of one hundred registered voters or of 10 percent of the total number of registered voters of the town, may call a meeting by a warrant under his hand."

In addition, selectmen must refer the petition to the Planning Board. That board can then decide whether to have a public debate of the issue. 

Should Johnson find a justice of the peace willing to preside over a special Town Meeting, the town of Marblehead  would bear the cost, Mead said. 

During discussion, selectmen referenced the change would not just help Johnson, but also affect 80 percent of Marblehead parcels and have wide-reaching consequences.

"Process is process for a reason," member William Woodfin said, noting his seven years on the Planning Board. "The hallmark of the planning board is to understand wide implications of zoning changes."

Woodfin suggested in order to understand a zoning change, Planning Board members would likely take up to three months to analyze the change.

"It would be inappropriate to schedule a town meeting," Woodfin said. 

Board member Judy Jacobi also stated she would not support a town meeting without discussion, review and debate surrounding the change. 

"There have been 10 town meetings since the appeal," Jacobi said. "I take no delight in seeing a home come down, but my understanding is the house can be moved rather than destroyed."

Selectman also noted the time-line associated with the process would not be concluded before the Oct. 4 deadline a land court judge has given Johnson.

In the end, selectmen unanimously denied the request. 

During public comment, Brad Freeman suggested the town look into buying Johnson's parcel and preserving the land as open space. 

Nye told Freeman if Johnson is interested, selectman would be happy to discuss it with Johnson.

In an uncomfortable exchange, Allison Ford took the mic and told selectmen she was "disappointed" in their refusal to hold a special town meeting.

"The town permitted the house be built," she said. "So I'm disappointed the town would wash their hands of this and not take any responsibility."

Ford went on to reference "back room and sweetheart deals" she has seen happen in town. 

"What specifically are you referring to?" Nye asked. "Unless you have specifics, that's ridiculous."

Nye went on to say Johnson still has options if he chooses to take them.

"We are not washing our hands of this," Nye said. "There are other ways there can be a town meeting."