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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