Conflict of Interest - 1989 - Green Pond Site Plan

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WAM DANIEL G. AUGUSTA It is my understanding that Mr. Augusta holds 25n of the stock in Augusta Realty Company. It is my further understanding that Augusta Realty Company leases land for boat storage purposes to the applicant, Green Pond Boat Yard. It is my opinion that Mr. Augusta would be disqualified from sitting as a member of the Board 'due to the fact that he could be viewed as having an indirect financial interest in the outcome of the pending matter. Accordingly, Mr. Augusta should disqualify himself from participating in the proceedings. It is my understanding that Mr. Tavares is the owner of Pineland Nursery and in the past has done business with Green Pond and possibly will do business with them in the future. It is my opinion that Mr. Tavares would be disqualified from sitting as a member of the Board. He is in violation of Chapter 26A. However, the disqualification may be removed if Mr. Tavares would file a letter with the Town Clerk, with a copy to the secretary of the Planning Board for inclusion in the file of the applicant, setting forth the fact that he has done some business with the applicant in the past and he expects that he may do business with the applicant in the future. Chapter 26A, Section 23(b)(3), specifically provides that it shall be unreasonable for any person to conclude that Mr. Tavares has been or will be unduly or improperly influenced by his relationship with Green Pond if he disclosed in writing in a manner, which is public in nature, the facts which would otherwise lead to such a conclusion. Thus, it is very clear that all Mr. Tavares needs to do to remove the disqualification is set forth in subsection (b)(3) as noted above. Mr. Tavares should immediately address a letter to the Town Clerk stating the fact that in the conduct of his nursery business he has had a business relationship with the applicant in the past and that he may have a relationship with him in the future. A copy of the letter should be filed with the secretary of the Planning Board. When this is done,. Mr. Tavares may'sit on this matter without being in violation of Chapter 26A. FLOIizi�� Mr. Crocker has indicated that the attorney for the applicant, Green Pond, represents an adversary party in a proceeding presently pending in the land Court in Boston in which he is involved as a litigant. It is my opinion that. Mr. Crocker would not be in violation of Chapter 268A if he participated in the hearing before the Board. It may be that Mr. Crocker has a common law bias or prejudice which would preclude him from acting in an independent, fair and impartial manner against. Green Pond. This is a matter which Mr. Crocker will have to review very carefully. If Mr. Crocker feels that he cannot act in a fair, unbiased, impartial manner in the deliberations on the application of Green Fond, then he should disqualify himself from sitting on the basis of bias. He doe's not have the right to disqualify himself on the basis of conflict of interest on the facts submitted to me as set forth herein. I would suggest that Mr. Crocker apply to himself the same rule required of a juror. Mr. Crocker does not have to stand down from sitting if he is challenged. The only reason he would be obliged to decline to participate would be if he feels he is unable to function in a fair, unbiased, impartial manner.