Conflict of Interest - 1989 - Green Pond Site Plan

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-4- In view of the fact that inaction by the Planning Board would constitute a constructive grant of the application unless at least six members of the Planning Board are available to participate in a hearing, it is my opinion that the Rule of Necessity may be invoked by you in your capacity as Chairman in the event you do not have at least six members available to sit because of disqualification based upon conflict of interest and/or common law bias. In this event, you should invoke the Rule of Necessity and notify all nine members of the Planning Board that they must sit and participate in this deliberation. I readily acknowledge the fact that there is no precedent for this opinion, but I believe that public necessity dictates that boards should not allow applications to be allowed by constructive grant through inaction, as this prevents the public from having an opportunity to comment in an effective way at a public hearing which thereby subverts the entire intent and meaning of the statutory and by-law requirement for public, hearings. For the convenience of your Members, I am enclosing five extra�pies--of this Opinion so that you and the other fo;x embers in w �ve acopy of this letter. /I7'I W TAse'Wj. 7, / / JJR-ss cc: Falmouth Town Clerk State Ethics Commission Frank K. Duffy, Jr.