Published in the August 4, 2016 edition


LYNNFIELD — Town Counsel Thomas Mullen will be allowed to advise the Board of Health (BOH) on matters relating to upgrades being required by the BOH and the state Department of Environmental Protection (DEP) on the new owners of the Centre Court/Main Street shopping center.

Town Administrator Jim Boudreau said that the request being made to the board to act on this disclosure “is standard. The board gets these all the time.”

The existing septic system does not meet current Title V requirements. “There are some issues with the Centre shopping area septic system. The Board of Health has asked town counsel to assist them with the new owner to come up with a plan to correct some issues with the septic at that location,” Boudreau explained at the July 18 selectmen’s meeting.

Mullen filed a disclosure with the Board of Selectmen as required under MGL Ch. 268A, Sect. 19 (B) which governs non-elected municipal employees who have a financial interest in a matter over which they make decisions or offer advice to another board, in this case, the BOH, that may financially impact the employee.

The selectmen are responsible for appointing Mullen as Town Counsel, therefore, he was required to disclose to the board that he is a “Director and Corporator of The Savings Bank.” The bank has a branch on Main Street and shares its septic system and parking areas with other tenants at the shopping center, therefore the bank may bear a financial impact based upon future decisions imposed by the BOH or the DEP to correct the Title V deficiencies. Mullen further disclosed that he also performs legal services for the bank and is an account holder at the bank.

The board voted that it would not be a conflict for Mullen to continue to advise the BOH on this matter. The vote was unanimous by Selectmen Chairman Phil Crawford and Selectmen Chris Barrett and Dick Dalton.