By David Taber
Hours before he was scheduled to chair a joint meeting of the Board of Aldermen’s Land Use Committee and the Planning Board to discuss the rezoning of the Max Pak site, Ward 5 Alderman Sean T. O’Donovan was advised by the city solicitor to recuse himself from the proceedings.
In mid-December, O’Donovan finalized the purchase of a house at 30 Warwick Street, directly abutting the property in question. KSS Realty Partners Inc. owns the property, and they are advocating for the rezoning in the hopes of building a 199-unit condominium development on the site.
In letter dated March 1, addressed to O’Donovan, City Solicitor John Gannon wrote, “The conflict of interest statute establishes that a property owner is generally presumed to have a financial interest in matters affecting abutting and nearby property.”
“Thus,” Gannon concluded, “unless you can clearly demonstrate that you do not have a financial interest, as a public employee you should not take any action in your official capacity on matters affecting property that is near or directly abuts your own property.”
Gannon said he could not remember the exact date O’Donovan sought his opinion on the matter, but it was within a week before the hearing.
O’Donovan confirmed that it was he who originally introduced the zoning amendment at a meeting of the Board of Aldermen in September, and then reintroduced it in January, setting the matter he has recused himself from in motion.
Additionally he played a role in negotiating the current version of a covenant between the city and KSS, which establishes a set of guidelines the developers must adhere to in the course of construction.
Citing the fact that the City of Somerville is his client, Gannon refused to comment on whether these actions might constitute violations of the law.
O’Donovan did not return calls to The News by press time.
Gannon said O’Donovan is not legally barred from participating in any public meetings on issues around the re-zoning of the proposed development, or from commenting on them as a private citizen.
“He can still engage in the democratic process like any other citizen,” Gannon said
Comments
There's blood in the water now. Let's hear from Alderman O'Donovan on how he stands up for us.
Posted by: Ward5Born | March 05, 2007 at 04:01 PM
I'm still trying to understand what the pertinent issues are here.
Am I correct in gathering from this article that none of the neighbors who had participated in the planning process were involved in writing the covenant with the developer? But that the ward alderman who says that he has a conflict of interest was involved in writing it?
Posted by: Fool on the Hill | March 05, 2007 at 05:08 PM
You are not a fool at all. You are right on the money.
Posted by: Ward5Born | March 05, 2007 at 05:41 PM
Welcome to Somerville Politics. It hasn't changed in over 51 years.
Posted by: City Hall Nose | March 05, 2007 at 06:27 PM
Hey Sean
I take my hat off to you. good for you. GO SEAN GO. I wish we had someone like you here in Ward 3 or Alderman at Large.
Posted by: Ward 3 Voter | March 05, 2007 at 09:46 PM
Ward 3
You are welcome to him. Maybe he'll buy a house near you and rezone your neighborhood
Posted by: Ward5Born | March 05, 2007 at 10:27 PM
Turn back the clock to the time when Officer Trant was found to have an inside track on land acquisition. Officer Trant was investigated by the State Ethics Commission as well as the scrutiny of this City. End results, pleads guilty to the offense. How far “Above the Law” are you? What is the factor that makes you any different than Trant? Let’s see.
Come back to reality now and tell me what difference SOD has done compared to Officer Trant. HE also had an inside track of a parcel of land on Warwick Street. SOD changed his address from 6 streets over from once he lived. SOD was appointed to the Land Use Committee, was co-author of the covenant of KSS, along with Smith and his anointing pal, Boss Hog, and Hog’s right hand man, RW, who’s live in squeeze, Heuston, was recently moved up as chairman of the Land Use Committee until the KSS deal is finalized because SOD just last week recused himself because of his propinquity to the development.
Why now SOD? Why all of a sudden after you and Smith have met and set the rules? Then for you to go the extra step in appointing the Chairperson of the Finance Committee to sit in your chair while the puppet show goes on with you as the puppeteer. This just shows how deeply you are involved and will prosper. Heuston is going to do what ever you and your Maxpak Committee member buddy RR want her to do. You’ve already step in the preverbal “Bucket of Shit”.
This is not going to propel over SOD. You opened the door for all to see. This tells me more and more that you are ready to flip your seat on the Board come this election year. I am sure many bloggers will have a lot to say, just as they did when Officer Trant was in the spot light.
The Mole
Posted by: The Mole | March 06, 2007 at 07:09 AM
30 Warwick Street is a short walk from the KSS land, but it's not "directly abutting". In order to "directly abut", Sean's land would have to share a boundary line with KSS's, and that isn't the case.
(It's still close enough that the conflict-of-interest issue is quite relevant.)
Posted by: Ron Newman | March 06, 2007 at 09:45 AM
I think that at the very least, this process should go back to square one. Much of what took place was before SOD purchased the house, but was he in negotiations? That aside, there were certainly some events which took place after he made the purchase. He's not stupid, he knows it's a conflict of interest. How can you propose new zoning, and create a development covenant when you are a property owner affeted by the process? And how coincidental that he was appointed head of the Land Use Committee at just this time!?!? This should all definitely be squashed and it should start over. And I believe the Ethics Commission should become involved. Not to mention, what is the reasoning for the DPW Commissioner to be part of the covenant process? Where were the abutters? Where was the public process????
Posted by: Ethics? | March 06, 2007 at 09:51 AM
Inside track? Have you all forgotten about the high probability of the Green line coming down the Pike? It may not be KSS making a millionaire of one of our Fathers but the Green Line.
The Mole
Posted by: The Mole | March 06, 2007 at 12:18 PM
I HATE the way these articles assume that all Somerville residents will know exactly where this development is. The Max Pack factory? An address would be appropriate for a news article like this. I just know it's somewhere near Lowell Street.
Posted by: margaret | March 06, 2007 at 04:18 PM
The official address is 56-61 Clyde Street, but I doubt that would mean much to most readers. If you stand on Lowell Street between the two bridges, looking north towards Magoun Square, MaxPak is the huge abandoned brick building on your left.
Or walk east past the Cedar Street end of the bike path, down the abandoned railroad tracks, and you'll see MaxPak on your left.
The "MaxPak site" also includes a second industrial building north of this one, which used to belong to the Elhide (or was it L. Hide?) company.
Posted by: Ron Newman | March 06, 2007 at 04:27 PM
A friend in the real estate business says the property O'Donovan bought for $350,000 would have a fair market value of a minimum of $490,000.
The future development of the Maxpak site, the extension of the bike path and the added value of a green line stop, puts the speculative price at $590,000 to $650,000.
Posted by: Alderpeople | March 07, 2007 at 12:52 PM