HomeMy WebLinkAbout2005-01-10 Board of Selectmen Executive Minutes BOARD OF SELECTMEN EXECUTIVE MINUTES JANUARY 10, 2005
EXECUTIVE SESSION: The Executive Session convened at 7:00 P.M.
ATTENDANCE: The following were present: Rosemary Connelly Smedile, Chairman;Wendy Wakeman;
James Xenakis; Donald Stewart; Mark J.T. Caggiano; Mark Rees, Town Manager; Ray Santilli, Assistant
Town Manager and Town Counsel Thomas Urbelis.
The Board of Selectmen was individually polled and voted to move into Executive Session. Vote
approved 5-0.
PENDING LITIGATION:
Plisinksi vs. Town of North Andover
Town Counsel, Thomas Urbelis gave a status report of the Plisinksi vs. Town of North Andover case. On
January 6, 2005, there was a conciliation proceeding to discuss with plaintiffs Paul and Margaret Plisinski
and defendants, Crowley and Nigro and representatives from the Town of North Andover for the possible
settlement before going to trial. The Settlement communications made at the hearing must to be held in
the strictest of confidence. Participants were ordered not to disclose this information to anyone else.
Plisinskis and Crowley and Nigro did settle but details are being kept in confidence.
With respect to liability, Judge Welch ruled as follows: 1 Berm. The Plisinskis have standing to sue over
the berm not being built. (2)Grading. Summary judgment was entered in favor of the Plisinskis on the
improper grading. (3)Ditch, The judge dismissed the claims regarding the ditch because he felt bound
by Judge Lowy's decision, but indicated that the Plisinskis had mounted objections to that decision.
^ Judge Welch said that he thought Judge Lowy was'wrong"in ruling that the Plisinskis were not third
party beneficiaries of the Agreements for Judgment. The Plisinskis are not going to give up on their
claims against the Town.
The Plisinskis are willing to work with the Town to find ways to allow them to build a driveway and a
house without adversely affecting wetlands interest, including the 25-foot no disturb zone. There also
remains the issue of underground drainage trench or swale that sends water from the house on Lot 1 of
the Subdivision onto the Plisinskis' property.
Town Counsel said that Plisinkis are asking for approval of their driveway by all appropriate authorities,
including the Conservation Commission, Planning Board and Zoning Board. The Town shall also extend
the septic system approval obtained by the Plisinskis in connection with the plan. The Plisinkis are willing
to settle this case by payment of an agreed upon sum to them by the Town, in lieu of approval of the
driveway and any associated payment by the Plisinskis to the Town.
Tom Urbelis will schedule a meeting with Plisinkis's attorney to discuss possible settlements.
ADJOURNMENT:
Wendy Wakeman made a MOTION, seconded by James Xenakis, to move out of Executive Session.
Vote approved 5-0.
Respectfully submitted,
Adele J. Johnson,Administrative Secretary