HomeMy WebLinkAbout2003-09-08 Board of Selectmen Executive Minutes BOARD OF SELECTMEN EXECUTIVE MINUTES SEPTEMBER 8, 2003
EXECUTIVE SESSION: The Executive Session convened at 7 :00 p.m.
ATTENDANCE: The following were present: Wendy D. Wakeman, Chairman; Rosemary
Smedile; James Xenakis; Donald Stewart; Mark J.T. Caggiano; Mark Rees, Town Manager;
Ray Santilli, Assistant Town Manager; Fire Chief William Dolan; Town Counsel, Thomas
Urbelis; Conservation Commission Chairman, Scott Masse.
The Board of Selectmen was individually polled and each voted unanimously to move into
Executive Session. Vote approved 5-0.
Pending Litigation— Plisinski v Town of North Andover.
Town Counsel Thomas Urbelis informed the Board of two lawsuits filed by the Plisinskis against
the Town of North Andover. One was for$265,000 against the Town Planning Board,
Conservation Commission and developer of the property next door for failure to comply with
certain agreements that happened several years ago. The Conservation and DEP agreement
required construction of a bens on adjacent property. The Planning Board agreement did not
require the construction of a berm. Plisinski said that he was caught between a rock and hard
place and this was supposed to be constructed by the developer. Because of the lack of the
construction, Plisinski's property has been turned into wetlands caused diminishing in value to
the tune of$265.000. The Town was able to get that case dismissed last month and Plisinski
has filed a notice of appeal.
The other case was against the Conservation Commission because they denied them a permit
to construct a driveway within the 25-foot no cut zone protected by the Town's Wetlands Bylaw.
The second case has been dismissed. Plisinski's attorney said if they were not allowed to
construct the driveway, they would put up a 40B complex with 8 units.
Attorney Urbelis recently met with Attorney Shaheen about the cases. A letter was sent from
Plisinski's attorney asking for consideration of the Town of North Andover to allow the following:
1. Plisinskis to build a single-family house on their lot accessed by a direct approach
driveway along the boundary between their property and the Long Pasture subdivision.
The driveway would incorporate the berm.
2. Replication of any wetlands disturbed by the construction of the driveway.
3. A contribution in the amount of$15,000 to the Town's wetland fund (which, the
Conservation Commission would require.
If all these requests were approved, the Plisinskis would dismiss the civil action including any
appeal to the Town of North Andover with prejudice and without costs.
Scott Masse chair of the Conservation Commission said that right now the Town should not give
in to Plisinskis demands and to stand by the Court's decision.
^ ADJOURNMENT:
James Xenakis made a MOTION, seconded by Mark Caggiano, to move out of Executive
Session. Vote approved 5-0.
Respectfully submitted,
Adele J. Johnson, Administrative Secretary