Charlestown
Zoning Board caught in council crossfire
01:00 AM EDT on Wednesday, July 23, 2008

As Zoning Board member Milton Krantz looks on, his wife, Bernice, discusses her concerns at Monday night’s Town Council meeting.
The Providence Journal / Gretchen Ertl
CHARLESTOWN –– Zoning Board reappointments got caught in a political crossfire Monday night, leaving the board’s fate up in the air.
A split Town Council voted against reappointing Milton K. Krantz to another five-year Zoning Board term, and also rejected the reappointments of William F. Meyer and Richard H. Frank to one-year terms as board alternates.
Their terms will expire on July 31.
The council also voted against appointing Scott Northup to a third vacant seat as a board alternate, technically leaving the board with only four full members and no alternates — one member short of the required five to hear applications.
Town Solicitor Robert E. Craven said yesterday that the board will have the required number of members to meet on Aug. 19, its next regular meeting.
If the council doesn’t make any appointments before that date –– the council is next scheduled to meet on Aug. 12 –– Craven said he will direct Zoning Board Chairman Michael J. Rzewuski to select from the candidates whose terms were not renewed to meet the five-member requirement.
While state law and the Town Charter are silent on what to do when a council fails to fill a vacancy before a term expires, Craven said, “there is no ambiguity that a municipality must have a zoning board and must hear applications on a timely fashion.”
Moreover, he said, there exists “precedent in other boards and commissions,” such as the state Board of Elections and the judicial nominating commission, where appointees continued to serve long after their terms expired.
Acting Council President James M. Mageau threatened to sue if any of the applicants rejected by the council Monday were asked to fill any of the vacancies without the council’s appointment.
“I made it clear [Monday] night. That’s not his (Craven’s) decision to make and it’s not the Zoning Board’s decision to make,” Mageau said.
“The bottom line here is the Town Council voted not to reappoint Krantz and voted not to reappoint the alternates.”
On Monday, Mageau and fellow council member Bruce W. Picard voted not to reappoint Krantz, with whom Mageau has had an adversarial relationship.
In response, councilwomen Katharine H. Waterman and Harriet A. Allen voted against the other candidates “in order to keep Milton temporarily on,” Waterman said, noting Krantz’s qualifications and extensive service that included past service on the Conservation Commission and 12 years on the Zoning Board.
“He’s had three critical health problems and he’s only missed one” Zoning Board meeting, Waterman said, adding, “He’s had cancer for crying out loud and he’s still only missed one.
“This isn’t somebody that you toss out.”
“I didn’t like what we had to do, but it seemed to be the only course of action open to us,” Waterman said.
Allen could not be reached for comment yesterday.
Mageau said he and Picard are willing to reconsider the appointments of Meyer, Frank and Northup, but will not consider Krantz.
Picard could not be reached for comment.
Rzewuski, who had recommended the appointments, said he planned to discuss the board’s options with the remaining members. Removing Krantz from his list of recommended appointments is a possibility, he said.
“That might be something that we might have to do in order to move forward,” Rzewuski said.
“I would like to see the council appoint or reappoint” the four, Rzewuski said, “but it’s going to be tough, specially with one man, Mr. Mageau, who has a personal vendetta against Dr. Krantz.”
Said Krantz, “He [Mageau] threatened to get me off the board and major illnesses couldn’t, but I guess Mr. Mageau did.”
Mageau yesterday denied personal feuds had played any role in his vote against Krantz. He said his vote not to reappoint was based on “some research that I had done and some complaints that I had received from people that had appeared before the board.”
Mageau pointed to Krantz’s involvement with the Charlestown Citizens Alliance, a political action committee that tried to recall Mageau last year.
“The Zoning Board is a quasi-judicial board and it’s supposed to be apolitical and nonpartisan,” Mageau said.
“Just his behavior last night [Monday] should send everybody a very strong signal that this guy is not apolitical,” he added.
(On Monday night Mageau cited Krantz’s votes on some cases that were successfully appealed in court, and Krantz’s alleged personal attacks against him.)
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