Wave Maker: The Evils of Incumbency

THIS IS MY VIRTUAL LIVING ROOM. COME ON IN AND SAY HELLO. THE BAR IS OVER IN THE CORNER -- HELP YOURSELF, BUT MIND YOUR MANNERS.

Thursday, April 28, 2005

The Evils of Incumbency

Here's a story that demonstrates why it is perilous to proceed with an irreversible plan when obstacles still remain. It is also a story about how extended incumbency can be an evil thing.

We go to the (relatively) upscale Dorchester neighborhood of Melville Avenue. There, a politically connected family has been hoist by its own petard, and now has Da Mayah involved in an attempt to changing the rules retroactively to wipe the slate clean.

Back before 2001, Jackie and Anthony O'Flaherty lived in a two-family house on Melville Avenue, a tree-lined street dotted with beautiful homes. In 2001, they went to the Zoning Board of Apeals, seeking a variance so that they could build a second, single-family house on the same lot. Ignoring the rigorous mandates of the state's strict variance statute, the ZBA granted the variance (resulting in three dwellings on a single lot, two of which, presumably, produce income for the O'Flahertys).

The neighbors sued, and well they should have.

Their law suit should have prevented the Inspectional Services Department from issuing a building permit for the house, but one was issued anyway. Then:

"Suffolk Superior Court judge refused to issue an injunction to stop construction, but warned the family that they ''proceeded with the construction at their own peril." The family's lawyer assured the judge that if the family lost the case they would tear down the house.

They built the house, now valued by city assessors at $407,400, and moved in 2002. The following year, Superior Court Judge Janet Sanders ruled against them, ordering the Zoning Board to deny the variance and take ''all action necessary against the O'Flahertys to enforce the provisions of the code, including an order that they remove" the house.

In January, the state Appeals Court upheld Sanders's decision."

Oops. Sad end to a story about greed and power?

Nah, this is Boston.

"The battle over the house has galvanized the community, and hundreds of people turned out Monday night to speak for or against the city's proposed solution to the problem: changing the zoning code to circumvent the court decisions by ensuring that the lot complies with zoning rules."

You might think that a Mayor intent on running for re-election would show some of the empathy for the neighborhoods that was the hallmark of his rise to power years and years ago. But now it's about helping friends circumvent zoning laws, and then not even having the courage to admit it:

"City officials said that they are not looking to change the zoning code simply to benefit the O'Flahertys, but that the family's ordeal has brought to light a problem in the code that needs 'clarifying.'"

No clarifying needed here, Mayor. We get the picture.

Posted by: Wave Maker / 11:08 AM/ |