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To the editor:
This letter is in response to the letter from James McCarthy and Joyce Kippin urging me to recuse myself from any further deliberations on the Essex Pastures development project should it return to the zoning board of appeals.
I have been fortunate to live in this unique and wonderful historic town for 41 years. My children were raised and educated here.
As a strong believer in civic participation, I have volunteered my time and expertise in multiple ways. I served on the citizens’ advisory committee to the planning board from 1984 to 1985.
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I was appointed by the board of selectmen to the master plan commission in 1985 and later served as its chair from 1989 until 1991.
For the past 18 years, I have been a member of the zoning board of appeals. In that time, I have participated in the consideration and approval of multiple Chapter 40B housing projects without my objectivity ever once being questioned.
While my law firm has long represented the homebuilding industry, I have always strived to use my specialized knowledge of land use and zoning to benefit the board by ensuring that we make informed decisions based upon the law.
Once I became aware that Attorney Smolak was to represent Essex Pastures LLC in its petition for a comprehensive permit, I contacted the state ethics commission for advice and explained my professional relationship with him.
The ethics commission advised me that I had no actual conflict of interest, but there could be an appearance of a conflict, given my work with Attorney Smolak. I was advised to file a 23(b) letter with the town disclosing my relationship with Attorney Smolak to dispel any appearance of a conflict of interest.
Following their advice, I did so on June 21, 2018, prior to the first hearing on the petition of Essex Pastures LLC.
Like many lawyers, I represent a variety of clients, including nurses, psychologists, disability and prison rights organizations, group homes, non-profit mental health and substance-use treatment providers, as well as the home building industry.
That work does not in any way interfere with my ability to impartially review matters that come before the ZBA and vote in accordance with the Ipswich zoning bylaw, the zoning act, and the comprehensive permit law.
Benjamin Fierro III
Ipswich
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September 27, 2022 at 12:11AM
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Letter: I have no conflict of interest - The Local Ne.ws
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