ZBA approves amended minutes 4-1 after dispute over special-counsel memo

The Zoning Board of Appeals approved minutes as amended after a contested discussion about language describing the board's position on hiring special counsel.

Board members voted 4-1 to accept revised wording clarifying that the board "reviewed and discussed each board member's position on special counsel, agreeing that points presented by the board members regarding the necessity for special counsel were sufficient," and to limit a previously explicit reference to a single email. The roll-call recorded: Lisa—aye; Alisa—aye; Joe—aye; Jim—nay; Chair—aye.

At issue was an email and draft memo circulated by a board member following an earlier meeting that was not recorded. Some members said the draft overstated board approval and appeared to be presented to the Select Board without prior full-board vetting; others said their contemporaneous notes supported a different recollection. Board members and staff debated whether the minutes should record the board's discussion of the reasons for special counsel, and whether the minutes should cite the emailed memo directly.

Board member Jim said he felt "hung out to dry" after the memo was circulated and objected during the meeting to the minutes' initial wording. A clerk and another board member said they prepared minutes and notes immediately after the meeting and recalled a more generalized board agreement limited to scope and cost of special counsel work, not wholesale approval of all memo wording. The board directed the clerk to update the minutes to reflect that members agreed the points about cost and scope were sufficient and to remove the direct email attachment reference.

The board moved to approve the packet of minutes including the amended Oct. 22 entry; the motion carried on the recorded 4–1 vote. The item immediately preceded hearing items on the evening's agenda.

Looking ahead, the board completed the minutes vote and proceeded to its scheduled old-business hearing items.