Conflict debated over town appointment
LANCASTER - Changes in the makeup of the Zoning Board of Appeals (ZBA) proved contentious at the first selectmen’s meeting of the year on Monday, Jan. 13.
At issue was one of the associate seats on the ZBA, which provides an alternate vote for when a member needs to recuse him or herself for absence or a a possible conflict of interest.
Three candidates are vying for the position, which Selectman Stan Starr said was a great problem to have.
“We don’t often get three people” trying for one spot on a board, he said, mentioning there would be other opportunities for people not selected to get involved in the town. Jason Allison, Robert Alix and Ryan Aldrich all gave their qualifications, but the discussion turned to Aldrich's possible conflict of interest.
Allison described Lancaster as a “family town.” He has been a seven-year member of the Town Forest Committee, runs the Ski Club at Mary Rowlandson Elementary School and is a former Cub Scout leader. He said he is a director of software engineering whose job it is to provide “solutions on schedule and under budget” with “no conflict of interest.”
Alix said he is a 13-year resident of Lancaster raising three children and currently volunteers his time as the registrar for Lancaster Youth Soccer and as a basketball coach for Nashoba Recreation Basketball. He is an engineer at Siemens. He said his work involves “reading and interpreting specifications and plans to understand and digest info” to come up with an unbiased opinion, and he would do the same as an associate on the ZBA.
“There’s a target on my back,” Aldrich said in his opening remarks. He responded to several rumors about past legal matters and an incorrect assertion at a previous meeting that he hauled trash. Aldrich is a native of Lancaster and his family has been in town for 150 years. He is the owner of Ryan Aldrich Excavating and Lancaster Septic.
At issue was the potential for Aldrich to have conflicts of interest based on his business. That possibility was raised by Selectman Jay Moody as well as several residents in the audience.
Aldrich said he thought the ZBA would be good for his skills and experience, that he had “no special agenda” and just wanted to volunteer. He said he hoped it wasn’t the case that “tradespeople can’t serve on committees.” Aldrich said 90 percent of his work was residential and the 10 percent of his business that is commercial work was largely outside of town, although he was involved in drainage at the police station and with the gazebo.
Aldrich said his grandfather also ran an excavation business in Lancaster and he only wanted to give back to the town like his "Papa." But Moody said sometimes Aldrich's grandfather had conflicts of interest.
Existing ZBA member Jeanne Rich and Town Administrator Orlando Pacheco both said everyone on any board has a conflict of interest at some point during their time serving and sometimes people’s employment or even projects next to relative’s houses can cause them to need to recuse themselves from a discussion or vote.
“We use Siemens in our wells,” said Pacheco, referencing Alix's employer, as an example.
Rich said those who sit on the ZBA are "special municipal employees” who need to “recuse and leave the room if we even think there might be a problem” and file disclosure forms when appropriate.
Starr said he wants town counsel and the state’s Ethics Commission to weigh in on the potential conflict of interest for Aldrich and whether Aldrich is a suitable candidate. Following that, Starr wants the existing members of the ZBA to determine who is their preferred candidate for the associate position; selectmen would then use that recommendation in making their decision at the next meeting, which is Feb. 3.
“I don’t know if it’s a tempest in a teapot,” said Starr after extended discussion with residents in the audience about Aldrich, “but let’s find out the real answers” from the legal and ethical authorities.
Officials recommended that Aldrich talk directly to the Ethics Commission as well.
Candidates were told that the two unsuccessful candidates would receive explanations and input regarding their applications.
Other appointments to the ZBA went without issue. Robert Baylis was re-appointed as an associate member. Scott Miller was moved from a member to an alternate. Hannah Meyer and Matt Mayo switched from associate to full members.
In other business
• The third revised purchase and sales agreement on the Kilbourn estate property, now under agricultural protection through the state's 61A regulations, has been received. The new deadline for the town's first refusal to purchase is May 10.
• The Devens Army Base informed Lancaster that PFAS (perfluorooctanoic acid, a man-made chemical) from the base has been found in wells located in Devens and in Ayer, and has also impacted Stow. While Pacheco said there is currently no cause for concern to Lancaster’s public or private wells, the Devens well is close and this is a new thing the EPA is testing for, so the situation will be monitored. Water samples are tested on a monthly basis or more often and, if a problem is detected Lancaster, the EPA would immediately notify residents.
• Revenues for the solar farm have now increased to a projection of $220,000 for the fiscal year instead of the previous projection of $175,000, given the payment amount to the town was $56,591.50 this quarter.