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40-B Battle Nears Endgame

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May 9th 2008

Hidden agendas revealed as
40-B Battle Nears Endgame
by Dan Sapir and Dennis Randall

(August 20, 2004) If politics makes for strange bedfellows, 40-B politics puts the principle players into a king-sized mattress, making weird politics even more bizarre. In town we have an unprecedented opportunity to see power politics in action. The changing political landscape has driven hidden agendas into the daylight and the picture that emerges is deeply troubling.

First there is the strange case of the ZBA — a supposedly neutral body intended to represent the town’s interests in the 40-B hearing and permitting process. The myth of neutrality is destroyed as we witness 40-B developers fighting tooth and nail to retain key individual members on a Zoning Board while the selectmen maneuver to remove the same players for cause.

Equally bizarre is that the same so-called “neutral” board members have engaged expensive legal counsel to fight on their behalf to continue to hold a non-paying position after they have lost the confidence of the better part of the Kingston community. And as hard as these players are fighting to keep their seats, they are fighting even harder to insure that the developers get to hand-pick the engineering firm which is supposed to provide the town with a critical engineering review of the proposed development.

A tough engineer protects the town while insuring the finished product is the best possible product. Compliance with high standards can cost developers millions of dollars. Is it any wonder this issue has emerged as a pivotal point in the ongoing battle?

At the center of the controversy is seated member Joseph Palombo and alternate member Janet Butler. The two have been operating as a tag team for months. Palombo is a candidate for Plymouth County Sheriff and Janet Butler serves as his campaign treasurer. Campaign Finance reports reveal that Janet Butler, on behalf of the Palombo team, has collected thousands of dollars in contributions from developer Mary O’Donnell, Mary’s daughter, and employees from the Rob Kraus Law Firm. All three contributors are also partners in a newly debuted newspaper now circulating in Kingston.

Both Palombo and Butler will be represented by the Law Firm of Galvin & Galvin when they appear at a Selectmen’s’ show cause hearing. The hearing is to determine if grounds exist for the early removal of an appointed ZBA member. Incidentally, Attorney Robert E. Galvin also appears on the Palombo contribution list with multiple contributions. The G & G Firm has represented Planning Board member Ed King.

We find it unusual that a pair of ZBA members would independently select the same attorney. For Palombo, he is fighting to maintain a seat dealing with two 40-B projects that he can’t act on. Instead of recusing himself from the O’Donnell 200 unit development, he failed to attend the hearing thus making himself ineligible for the remainder of the process. He refused to sit on the Opachinski 157 unit 40-B claiming he couldn’t make the next hearing date. As much as the project proponent tried to work with him on dates, it became clear that Palombo couldn’t make the next hearing, whenever that may be. Butler missed the Opachinski opening hearing and is therefore out of that process. Each however remain vocal over engineering choices concerning projects they are unable to participate in.

The maneuvering taking place on behalf of Palombo and Butler is unprecedented. Galvin & Galvin has blitzed the town offices with a four page ultimatum essentially telling the Selectmen to back off or face civil penalties. O’Donnell Attorney Rob Kraus also sent in a letter threatening both civil and criminal sanctions. Kraus wrote:

“It has come to my attention that Town of Kingston public officials are intentionally attempting to interfere with my client’s application before the ZBA by inappropriately changing the composition of the board’s membership…My clients are very concerned and upset with the notion that they are the targets of public officials actions directed at effecting their projects and livelihoods. As I am sure you are aware, the implications of such actions involve both civil and criminal violations…”

Galvin’s letter seeks to force two Selectmen off the show cause hearing process, slated for next week, by demanding that Selectman Chair Mark Beaton and Selectman Richard Kenney recuse themselves. Galvin targets Beaton with claims that he has gone out of his way to injure his clients and indicates that he will be conducting cross examination of Beaton and Kenney at the hearing. Because of this, Galvin insists they must recuse. Of Beaton, Galvin writes: “I also have reason to believe that Mr. Beaton has stated to a board member that if that board member does not resign as he demanded-he will use the press to tarnish that person’s reputation as he has previously done with other board members.”

Galvin also calls for the recusal of Richard Kenney claiming “Mr. Kenney’s participation in any decision affecting Mr. Palombo, during the time when his employer, Sheriff McDonough, is campaigning against my client, is a clear violation of the State Ethics Laws…Mr. Kenney also appears to have a financial interest in the outcome of this matter involving Mr. Palombo because if he were to be removed-the fact would likely be used in any campaigning.”

Kraus and Galvin appear to be working in concert to discredit and intimidate the Selectmen. Early indications are that the tactic may be producing mixed results. Reports are that Kenney is wavering and may opt out of the coming battle while other reports indicate that citizens are “mad as hell” at attempts by Kraus to “blackmail” Kingston officials with threats of criminal prosecution. What is being lost through all the legal bluster is the inherent inability of the current ZBA to function as effective representatives for the town in 40-B negotiations. The job requires levels of competence and attendance yet to be seen.

Tuesday night’s hearing is shaping up to be ugly. But from the ashes of that engagement could emerge a new board, unhindered in their commitment to protect the interests of Kingston.

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