| Date: | 12/28/2015 |
|---|---|
| Organization: | State Ethics Commission |
| Docket Number: | 15-0009 |
- This page, In the Matter of Thomas Snell, is offered by
- State Ethics Commission
Settlement
Settlement In the Matter of Thomas Snell
Table of Contents
Disposition Agreement
The State Ethics Commission (“Commission”) and Thomas Snell (“Snell”) enter into this Disposition Agreement pursuant to Section 5 of the Commission’s Enforcement Procedures. This Agreement constitutes a consented-to final order enforceable in the Superior Court, pursuant to G.L. c. 268B, § 4(j).
On April 17, 2014, the Commission initiated a preliminary inquiry, pursuant to G.L. c. 268B, § 4(a), into possible violations of the conflict of interest law, G.L. c. 268A. On September 16, 2015, the Commission concluded its inquiry and found reasonable cause to believe that Snell violated G.L. c. 268A, § 19.
The Commission and Snell now agree to the following findings of fact and conclusions of law:
Findings of Fact
1. Snell, a resident of West Bridgewater, was at all relevant times a member of the West Bridgewater Zoning Board of Appeals (“ZBA”).
2. Snell owns and operates Tom Snell Construction and Excavating (“Snell Construction”), a sole proprietorship.
3. Snell Construction performs excavation and demolition work for private property owners and developers.
Forest Street
4. In 2010, the owner of a property located on Forest Street in West Bridgewater discussed his plans to build a log home with Snell. The Forest Street property owner and Snell have known each other for over 20 years and are friendly.
5. On May 17, 2010, Snell gave the property owner a cost estimate of $4,600 to demolish an existing structure on the property and $6,900 for site work to prepare the site for construction of the log home.
6. On March 31, 2011, the West Bridgewater Building Inspector determined that the Forest Street property required a variance from the ZBA because the proposed home would be larger than the existing nonconforming structure on the lot.
7. After March 31, 2011, but before May 3, 2011, the owner of the Forest Street property filed an application with the ZBA for a variance to raze the existing structure on the lot and to construct a larger home.
8. On May 3, 2011, the ZBA held a hearing on the application. Snell voted as a ZBA member to grant the variance and signed the ZBA decision granting the variance.
9. At the time Snell voted as a ZBA member to grant the variance to allow the property owner to raze the existing structure and to construct the log home on the Forest Street lot, he knew it was likely that he would perform the demolition and site work if the ZBA granted the variance.
10. Snell performed the demolition and site work, and received payment from the property owner in the total amount of $11,500.
Maolis Avenue
11. In 2012, a local developer wanted to raze an existing structure and build a single-family home on a lot located on Maolis Avenue in West Bridgewater.
12. In fall 2012, Snell gave the local developer verbal “ballpark” estimates for the demolition of the existing structure and the site work required to prepare for construction of the single-family home. The Maolis Avenue developer and Snell had a 12-year working relationship where Snell regularly performed site work for the developer.
13. The Maolis Avenue lot was nonconforming. In October 2012, the private developer filed an application with the ZBA for variances to raze and to construct the single family home.
14. On December 11, 2012, the ZBA held a hearing on the application. Snell made the motion to grant the variances, voted to grant the variances, and signed the ZBA decision granting the variances.
15. At the time he voted to grant the variances to allow the private developer to raze the existing structure and to construct the single family home on the Maolis Avenue lot, Snell knew it was likely that he would perform the demolition and site work if the ZBA granted the variance.
16. On December 21, 2012, Snell gave the private developer written cost estimates of $6,300 to demolish the existing house on the Maolis Avenue lot and $5,400 for a separate proposal to perform the site work.
17. Snell performed the demolition and site work, and received payment from the private developer in the total amount of $11,700.
Conclusions of Law
18. Section 19 of G.L. c. 268A generally prohibits a municipal employee from participating[1] as such an employee in a particular matter[2] in which, to his knowledge, he has a financial interest.[3]
19. As a ZBA member, Snell was a “municipal employee,” as that term is defined in G.L. c. 268A, § 1(g).
20. The ZBA decisions whether to grant variances for the Maolis Avenue and Forest Street lots were particular matters.
21. Snell participated as a ZBA member in each of these particular matters by voting to grant the variances.
22. At the time of his participation, Snell knew he had a reasonably foreseeable financial interest in each of these particular matters. Specifically, Snell knew that if the ZBA granted the variances, he would likely perform the demolition and site work on the Forest Street and Maolis Avenue lots and receive payment for that work.
23. Accordingly, by participating as a ZBA member in the decisions to grant the Forest Street and Maolis Avenue variances, Snell twice violated § 19.
Resolution
In view of the foregoing violations of G.L. c. 268A by Snell, the Commission has determined that the public interest would be served by the disposition of this matter without further enforcement proceedings, on the basis of the following terms and conditions agreed to by Snell:
(1) that Snell pay to the Commonwealth of Massachusetts, with such payment to be delivered to the Commission, the sum of Six Thousand Five Hundred Dollars ($6,500) as a civil penalty for violating G.L. c. 268A, § 19; and
(2) that Snell waive all rights to contest, in this or any other administrative or judicial proceeding to which the Commission is or may be a party, the findings of fact, conclusions of law and terms and conditions contained in this Agreement.