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HomeMy WebLinkAboutCARL NELSON HEARING 11-7-1973CARL NELSON HEARING November 7p 1973 Carl Nelson Hearing ( November 7, 1973 Chairman Titus opened the hearing at 7:00 p.m., stating that Mr. Carl Nelson was appearing before the Board of Selectmen at the Board's re- quest to answer the charges set forth by the Board of Selectmen in the letter of October 18, 1973, to Mr. Nelson. This letter was entered in- to the record as Exhibit #1 by the Selectmen's Clerk. Chairman Titus read the letter of October 19, 1973, from Carl Nelson, which requested a public hearing and asked for more detailed information on the allega- tions. This was entered into the record as Exhibit #2. On October 260 1973, a letter was sent to Mr. Nelson from the Board of Selectmen set- ting the public hearing requested by P1r. Nelson for 905 p.m. on Octo- ber 31, 1973; this was marked as Exhibit #3. Mr. James Grady, Town Counsel, explained the procedure of the hearing: minutes had been obtained from the Planning Board, which would be pri- marily documentary evidence. He also stated that the case could not be decided on November 7, that night; there had to be at least one day's wait. He said that he would introduce various exhibits into the record, and summarize what these contained, and Mr. Nelson would be provided with a copy of each of these exhibits. Town Counsel stated that Mr. Nelson could rebut any of the material contained in the exhibits or any state- ments that Mr. Grady would make, and could call witnesses on his behalf. Town Counsel explained to the Board that at the end of both presentations, it would take the case under advisement. Mr. Grady pointed out the two provisions of law that were involved, the Conflict of Interest Statute, Chapter 268A, Section 23, and Chapter 41, Section 81 -At which deals particularly with Planning Board members. Mr. Grady introduced into evidence minutes of the Mansfield Planning Board, which involved Form A "Approval Not Required Plans ". Exhibit #4: Planning Board minutes, dated April 229 19739 showing Planning Board member Mr. Nelson as present. Paragraph 3 on page 1 was a motion to sign a plan for Carl Nelson for 43 acres on Jewell and Williams Streets. Exhibit #5: Planning Board minutes, dated August 16, 19719 x¢12 was in regard to a Form A plan of Carl Nelson on Jewell Street.(No participation by him.) Exhibit #6t Planning Board minutes, dated August 23, 1971, #8 showed that the Board reviewed the Form A Plan of 17 lots for Carl Nelson.(No participation.) Exhibit #7: Planning Board minutes, dated July 249 19729 on Page 31 #13 was a review of a Form '.A plan for Mr. Nelson's property on ;William Street, ( #14 - the Board reviewed a Form A plan which was for Mr. Nelson's Jewell and Williams Streets Property. Mr. Nelson left the room. Carl Nelson Hearing November 7, 1973 Page 2 Exhibit #8: Planning Board minutes, March 19 19719 Exhibit #121 Minutes of March 3, 1972, Planning Board Meeting, Dir. Nelson was not indicated as being present at this discussion of the Captain John Williams Estates, #10 was a motion that a letter be written to Mr. Nel- son informing him that the Board had' - given,' tentative disapproval until a drainage ease- ment was put in. Exhibit #13: Minutes of Planning Board, Dated October 2, 1972, regarding John Williams Estates, #4 indicated. that Mr. Nelson left the room_a_nd .was invited back, in later to discussion. Exhibit #14: Planning Board Minutes dated October 16, 1972, #16 regarding John Williams Estates. Mr. Nelson was not indicated as being present. Exhibit #15: Memo to the Town Clerk from the Planning Board regarding proposed Planning Board rec- ommendations for zoning for the special Town Meeting to be held on January 29, 1973. Arti- ole #2 provides for the new zoning dist#ot map; this was recommended by the Planning Board for adoption, and the recommendation was signed by Mr. Nelson: Town Counsel pointed out that area on School Street would be rezoned from agricultural to industrial. on Page 2, paragraph 21 showed discus - sion of Mansfield Village Apartments, owned by Carl Nelson. Exhibit #9: Planning Board minutes, March 299 1971, page 3, bottom paragraph, Mansfield Vil- lage Apartments again were discussed. Mr. Nelson temporarily removed himself from the Board during this discussion. Exhibit #101 Form B Application for Approval of a Pre- liminary Plan dated April 28, 1971, regard- ing Captain John Williams subdivision. Exhibit #11: Minutes of Planning Board dated February 25, 1972, regarding Captain John Williams Estates, #23 stated that there was a discussion of the subdivision, and that Mr. Nelson left the room and did not participate in the discussion. Exhibit #121 Minutes of March 3, 1972, Planning Board Meeting, Dir. Nelson was not indicated as being present at this discussion of the Captain John Williams Estates, #10 was a motion that a letter be written to Mr. Nel- son informing him that the Board had' - given,' tentative disapproval until a drainage ease- ment was put in. Exhibit #13: Minutes of Planning Board, Dated October 2, 1972, regarding John Williams Estates, #4 indicated. that Mr. Nelson left the room_a_nd .was invited back, in later to discussion. Exhibit #14: Planning Board Minutes dated October 16, 1972, #16 regarding John Williams Estates. Mr. Nelson was not indicated as being present. Exhibit #15: Memo to the Town Clerk from the Planning Board regarding proposed Planning Board rec- ommendations for zoning for the special Town Meeting to be held on January 29, 1973. Arti- ole #2 provides for the new zoning dist#ot map; this was recommended by the Planning Board for adoption, and the recommendation was signed by Mr. Nelson: Town Counsel pointed out that area on School Street would be rezoned from agricultural to industrial. Carl Nelson Hearing November 7, 1973 Page 3 Exhibit #16: Deed from Frank Vaz Jr. and Jean R. Vaz of Mansfield, in consideration of $47,000 to grant to Carl A. Nelson Jr. two (2) par- cels of land on Old School Street, which is the area checked in red on the map attached to Exhibit #15. This deed was dated February 26, 1973. Also attached is a mortgage from Carl A. Nelson Jr. to Frank Vaz and Jean R. Vaz, in the amount of 937,000. Another mortgage from'Carl A. Nelson Jr. to Ernest L. White Jr., in the amount of #$160000. Exhibit #17: Regarding Owens - Illinois involvement, minutes of At this point, Selectman Caponigro asked Mr. Grady if Mr. Cook indicated on his report where the stumps were coming from. Mr. Grady stated that it was not noted on the report, but in his conversation with Mr. Cook, he (Mr. Cook) indicated that it was his opinion that it was coming from the Owens - Illinois Mansfield Industrial Park. Planning Board dated August 22, 1973. #10 is discussion regarding Mansfield Industrial Park. Motion to approve the plan with several condi- tions made by Mr. Nelson. Exhibit #18: Planning Board minutes dated August 29, 1973, #6 indicated meeting with Mr. Brad Griffith of Ryan- Elliott & Company, Inc. itr. Nelson was present at this meeting. Exhibit #19: Planning Board minutes dated September 5, 19739 indicated Mr. Nelson as being present. #13 in- cates another meeting with Brad Griffith pertain - to the Industrial Park. Exhibit 20A: Minutes of Planning Board of October 3, 1973, Mr. Nelson is indicated as being present, and #8 showed that the Board reviewed Performance Guarantees for Mansfield Industrial,Paxk Realty Trust, and, finding them in order, signed the forms. Exhibit 20B: Form H of the Planning Board, on Page 2 of this form Carl Nelson is showed as executing this form as a member of the Planning Board. Exhibit #21: Report from the Building Inspector of Mansfield, Bertram M. Cook,was a stop -order to Pezza because Pezza was hauling stumps to a gravel pit on Wil- liams Street, which was owned by Carl Nelson. At this point, Selectman Caponigro asked Mr. Grady if Mr. Cook indicated on his report where the stumps were coming from. Mr. Grady stated that it was not noted on the report, but in his conversation with Mr. Cook, he (Mr. Cook) indicated that it was his opinion that it was coming from the Owens - Illinois Mansfield Industrial Park. Carl Nelson Hearing November 7, 1973 Page 4 Mr. Grady stated that a citizen reported gravel or stump material was being moved into Mr. Nelson's property. Allegedly, a representative from Nemasket Construction appeared at the Town Offices and indicated that material was being removed from the same site to Mr. Nelson's property, and that Nemasket Construction was doing it. He indentified the owner of the site where the material was being delivered as Mr. Carl Nelson Jr., and he indicated that the work had stopped because it had been completed. Mr. Grady inquired as to whether any permit had been granted for removal of such material from that site. Mr. Cook was aware of no permit having been granted from either him or the Board of Appeals. This was either October 12 or 139 1973- Mr. Grady stated that the Board of Selectmen's minutes of September 5, 1973 indicated that an Executive Session was held with Carl Nelson, and that no verbatim minutes were kept of Executive Sessione,but that the Board was aware of the statements made by Mr. Nelson in that Session in regard to his business dealings in town. Exhibit #22: Letter dated October 3, 1973, from the Board of Selectmen to Mr. Nelson inquiring about the letter which was to ask the Town Counsel for his opinion on a possible conflict of interest situation with the Pezza Contracting Company. Mr. Grady stated that Mr. Nelson did submit a letter to him on October 9, 1973, at a meeting on a totally unrelated matter. Mr. Grady indicated to Mr. Nelson that the letter was not in accordance with the Conflict of In- terest law. The letter should have been submitted to the Board of Select - men, then to the Town Counsel, and that the letter should be confidential. Mr. Nelson at this point stated that he had no objections to this letter being read at the hearing. Exhibit #23: Letter from Mr. Nelson dated October 2, 1973, to Town Counsel, whibh explained the business dealings with 'different contractors.and asked for a decision from the Town Counsel.. Exhibit #24: Letter from Mr. Grady to Mr. Nelson in reply to the letter in Exhibit #23. This letter was dated October 18, 1973, and confirnfe&.his statement of October 9 in the Town Offices to Mr. Nelson, and that a detailed statement of facts was needed in order to render an opinion. Town Counsel noted that he had not received any further communication either directly from Mr. Nelson, or through the Board of Selectmen, or the Town Manager. He stated that this concluded the evidence that the Town Counsel had. Carl Nelson Hearing November 7, 1973 Page 5 Chairman Titus turned the hearing over to Mr. Nelson to respond to the allegations. Mr. Nelson stated that he did not have all the information available for the hearing, especially in regard to the rezoning. He said that the purchase of the land had been a long, drawn -out process. He had been approached by a mutual friend about the land, and after two or three approaches, he did look at it. $e stated that he did not have all the information on that, and that if he had known specifically that the Board wanted information on this, he could have had it here. Mr. Nelson stated that the Form A Plan was a straightforward operation; it says that a Plan isn't a subdivision, therefore the signatures of the Planning Board are necessary in order to record the Plan in Taunton at the Registry. He stated that this Form A Plan was a method of subdivi- sion control and a protection to the Town. He questioned that there was any conflict of interest on this Form A Plan because it is just a routine matter. Concerning the Form A Plan for Jewell and Williams Streets, he stated, that he out the front lots out of the 43 acres, the.t it was a normal procedure to take any front land that conforms to zoning, break the lots up to a standard -sized lot as prescribed by zoning, and have it signed by the Board so it can be registered in Taunton. He commented that Exhibit #7 was also a Form A Plan, for property on Williams Street,and that he left the room. Mr. Nelson stated that this was after a ruling from Town Counsel that it would be best for any plan- ner involved in any kind of plan to leave the room. Concerning the parking lots mentioned in Exhibit #8 at the Mansfield Village Apartments, Mr; Nelson stated that all the Planning Board had to do was review and recommend on the "plan to the Board of Appeals. The Apartments had to be approved under a special permit from the Board of Appeals. In this case Mr. Nelson stated that he did not re- ceive a permit. Regarding Exhibit J/99 Mr. Nelson stated that he did not participate in the motion or voting. He stated that the Apartments had.to go through a procedure similar to the subdivision oontrol, and one part of that procedure is to go depart - ment heads and get their recommendations, and that he did not try to in- fluence any department heads or the Town Planner in any way. On Exhibit #11, Mr. Nelson noted that he had again left the room during the discussion for the Captain John Williams Estates. Carl Nelson Hearing Novsmber 79 1973 Page 6 Mr. Nelson commented that going through the subdivision was a frus- trating experience for him, as it was difficult to get across to the Board any thoughts on this plan. He said that he never discussed it with the Board members in private, and any time that it was brought up at a meeting, he had left the room because of the Town Counsel's ruling. There was discussion where the Board decided, in Mr. Nelson's opinion, that it was not getting anywhere, so it took a vote to invite him back into the room; this was Exhibit #13 He stated that the best thing to do would be to invite some of the department heads who are in a position to make a ruling on the sub- division plans to speak for him as witnesses. Concerning the zoning, Mr. Nelson stated that he would have to get more information on it. Mr. Nelson stated that the 90 -day option, which he had drawn up himself, would be subject to the approval of Mr. Vaz's attorney, Herb Patriquin. At a meeting in Mr. Patriquin's office with Mr. Vaz, Mr. Nelson said Mr. Tarsa was also present. Mr. Nelson stated,that he was told that Mr. Vaz had taken an option on another piece of property, and that the option had to be exercised by °'sometime in February. Mr. Nelson said that Mr. Vaz wanted to have the two options coincide. Mr. Nelson said that he could not do that, but would compromise, and change the option date to the 28th of Febru- ary. It was also stated by Mr. 'Nelson that Lou Tarsa said to him at this meeting, , "You axe not going to buy the property anyway, because you are waiting for a change in zoning so that you can buy it." Mr. Nelson said he replied, "In no way." He said that he was dealing with Frank Vaz on this property before zoning changes were even proposed in this area. Mr. Nelson said that he would like to check on some dates or even bring in Fir. Vaz to substantiate this. He said that he did not approach Mr. Vaz to buy the property, but rather he (Mr. Nel- son) was approached by Mr. Vaz. Selectman Levine asked Mr. Nelson if he had participated in the dis- cussions regarding the rezoning of the Town.' Mr. Nelson stated that he had participated in some, not all, 'discussions, and that he had stayed away as much as he could from the discussions regarding re- zoning so that it could not be said that he was rezoning to his own advantage. He said that he had already subdivided this property, and to try and.ehange it would be a costly procedure. Regarding Owens- Illinois, Mr. Nelson stated that the only motion he ever made was on August 22, 1973. (Exhibit #17). He said that he did not try to show any favor to Owens - Illinois, one way or the other. He said that the drainage problem was being discussed with the Conserva- tion Commission, and he suggested to them an engineer be hired to make a study of the Owens- Illinois proposal. Mr. Nelson stated that later on the Planning, Board did hire an engineer. Carl Nelson Hearing November 7, 1973 Page '1 Mr. Nelson stated that we (Planning Board) had a lot of dealings with Ryan- Elliott, and that he had the Planning Board Minutes back to April-, and sihce he had been accused of having business dealings with Ryan- Elliott in late August, so there would be "no intention" on his part "of having worked out any business deals way back in April ". Mr. Nelson mentioned also a note from Chad Maurer, Town Planner, dated Juno 6, 1973, regarding meeting with Ryan- Elliott,: At this meeting, Planning Board stipulations were discussed. Nr. Nelson cited other minutes involving meetings or discussions with Ryan- Elliott, and Chairman Titus asked what the information revealed by Mr. Nelson had to do with the allegations made by the Board. Mr. Nelson said that he wanted to show that in all the meetings with Ryan- Elliott, he did not try to influence them or the Board (Planning Board). Mr. Nelson stated that he had no business dealings with Owens - Illinois, had no agreements with them, and has none now. Chairman Titus asked if this was true of Ryan- Elliott also, and Mr. Nelson replied yes. Concerning the stump dumping, Mr. Nelson stated that Mr. Pezza called and said that he would need a place to dump stumps if he got the con- tract at Owens - Illinois. Mr. Pezza allegedly said that there were 25 acres to be cleared, and that the stumps could be dumped in Seltzan's pit (he had already talked to the Town Manager). Mr. Nelson said that if the stumps could bd dumped in the Seltzan pit, there should be no reason why they could not be dumped in his. He told Mr. Pezza that he would check the zoning regulations, and finding no regulation to the contrary, he said that Pezza could dump the stumps in his pit. Mr. Nelson stated that he would not charge Pezza for this, as his intention was to leave the stumps for five or six years, then turn them over for the loam. Pezza stated that as a result of his being able to dump the stumps at Mr. Nelson's pit, Owens- Illinois would save about $15,000. Mr. Nelson stated that his allowing Pezza to dump stumps in his pit was in no way a deal with Owens - Illinois or Ryan- Elliott. Selectman Levine asked Mr. Nelson when the date of the verbal agreement was, and did he know where the material was coming from. Mr. Nelson said that he did know where the stumps were coming from, that Pezza had told him. He said the date was "some time in August ". Mr. Nelson stated Pezza Contractors had come to him regarding gravel for the Town Hall site, and that he(Mr. Nelson) had been reoommended by a member of the Building Committee. Mr. Nelson stated that the Town had saved about 8.50 a yard for gravel by buying it from him, and that there were about 10,000 yards of gravel involved. Mr. Nelson stated that a young man named Gary who worked for Nemasket approached him and asked that he be allowed to dump some material over at Nelson's pit. Mr. Nelson asked what kind of material this was, and Carl Nelson Hearing November 7, 1973 Page 8 Gary replied that it was "rubble from the road "; it was "excess material from the road that we have to move out in order to build that road -- boulders, subsoil, gravel, loam" all mixed together. Mr.-Nelson asked if there were any stumps, and Gary replied that there were no stumps. Mr. Nelson said that he could dump the material there, and there would be no charge. The Town Manager stated that the Nemasket worker told him that the material was from the road area on the Ryan- Elliott portion, and that it was a mixes ture of gravel,loam, etc. Mr. Nelson stated that Gary had told him originally that there were about ten loads, but when the trucks unloaded, it turned out to be about twenty loads. Mr. Nelson stated that many times other people had asked to dump excess materials that they could not use at the Nelson pit, and he had ­.never charged anyone for this. He said that many times the material had been dumped in the pit,and he would turn around and load it back upend sell it to somebody else. He said that he was not against anyone dumping any- thing that he could move out main and make some money on.. Selectman Levine asked Mr. Nelson if he was aware that Pezza did not have a permit. Mr. Nelson replied that he did not think he even needed a per- mit and did not ask, aq this was rubble from the road. Selectman Caponigro asked Mr. Nelson if this deal with Pezza was made be- fore the plan was signed for Ryan- Elliott. Mr. Nelson replied that he had never signed the plan. Regarding Town Counsel's request for a letter outlining business dealings, Mr. Nelson said that he did not recall having to explain his dealings with Pezza in particular. Selectman Caponigro asked if the initial contact to dump stumps was madd by Pezza. Mr. Nelson said yes. Selectman Caponigro asked Mr. Nelson if he knew that he would have any interest in the IndustriAl Park when the motions were being made and the discussions were going on. Mr. Nelson stated that he had already talked to Pezza regarding the removal). of the stumps. Mr. Nelson stated that the plan had been voted on at the August 22 meeting of the Planning Board, and that Pez'za'started moving stumps on the 28 or 29th of August, and it was two or three weeks previous to that when Pezza first spoke.:to Mr. Nelson regarding the dumping of the stumps. Selectman Levine asked Mr. Nelson that since Town Counsel had made the Planning Board aware of the Conflict of Interest regulation prior to July 21E, 1973, did he not think he would be in conflict of interest. Carl Nelson Hearing ( November 7, 1973 Page 9 Mr. Nelson said that the issue of conflict of interest was becoming more "pronounced and obvious ", and at that time he asked the Town Counsel what position anyone on the Board should take. Mr. Nelson understood that the decision was that if anyone had anything to do in any way with any plan, they should abstain from any action what- soever, any participation, or should actually leave the room. Selectman Levine asked Mr. Nelson if it was his feeling that his dealings with Pezza, or the stumps and excess material from the road, did not fall under the conflict of interest law. Mr. Nelson replied "No. The excess material from the road was just something that happened, something that I knew nothing about." He said that he did not think of it as such when Selectman Levine asked him again if he (Mr. Nelson) did not think it would be a conflict of interest to have a business dealing with Pezza. Mr. Nelson stated that he would have "eventually gotten some remuneration from it, when the stumps were tipped over ". Concerning the Vaz situation, Mr. Nelson stated that a mutual friend came to him and said that Mr. Vaz wanted to sell his property; he wanted #$35,000 for it and wanted to know if he (Mr. Nelson) would be inter- ested in it. Mr. Nelson said he might be at that price. At a meet- ing with Mr. Nelson, Mr. Vaz said that he wanted $55,000, not $3500009 and Mr. Nelson said that he would not be interested in it for that amount. About a month - a month and a half later, Mr. Vaz contacted Mr. Nelson through the mutual friend about selling the property, and at this time, Mr. Nelson did not call Mr. Vaz back. Some time later, Mr. Vaz again contacted him, according to P4r.. Nelson. Mr. Nelson looked at the property and offered Mr. Vaz $4295009 but Mr. Vaz wanted more. They arrived at 847,000 as a price, then Mr. Nelson stated that he took a 90 -day option, which he felt was to the end of March. Selectman Levine asked Mr. Nelson the approximate date of this, and Mr. Nelson replied late in 1972, probably October. At this point, Mr. Nelson had Chief Bellavance and Light Department Director Ferrier speak in his behalf, saying that he had done many. favors for the town, and not charged the town4 Both also stated that Mr. Nelson had never tried to personally influence their deoisions regarding any of Mr. Nelson's subdivisions, and that he never asked for any favors from them. Mrs. Roy Morse also spoke for Mr. Nelson, saying that she had worked for Mr. Nelson for many years, and that he was respected for his good judgment, honestyy, and integrity. Chairman Titus told Mr. Nelson that he would hear from the Board within ten days, and closed the hearing at approximately 9:30•