HomeMy WebLinkAbout2005-10-03 Board of Selectmen Executive Minutes BOARD OF SELECTMEN EXECUTIVE MINUTES OCTOBER 3, 2005
EXECUTIVE SESSION: The Executive Session convened at 7:05 p.m.
ATTENDANCE: The following were present: Rosemary Connelly Smedile, Chairman; James
Xenakis; Donald Stewart; Mark J.T. Caggiano; Thomas Licciardello, Mark Rees, Town Manager;
Ray Santilli, Assistant Town Manager and Town Counsel Thomas Urbelis.
The Board of Selectmen was individually polled and each voted to move into Executive Session.
Vote approved 5-0.
Pending Litigation
Town Counsel Thomas Urbelis asked the Board for direction regarding filing a motion to recover the
Town's legal expenses, approximately $5,000 relating to the matter of Famum vs. Mesiti
Development.
Attorney Urbelis gave a brief description of the case in which the plaintiff Benjamin G. Famum
brought action to challenge the Planning Board's unanimous approval of Mesiti Development's
application for site plan review and a special permit to build a 96-unit, age-restricted, multi-family
townhouse development on a 33-acre parcel of land. Mr. Farnum appealed the Board's decision to
Land Court, claiming to have "standing" on the allegation that the project's water control system
would cause flooding and drainage impacts to farm land that he owns across the street. Following
a three-day trial, the Court ruled that he had failed to establish standing and dismissed his claims.
Thus Mesiti Development is seeking fees and costs totaling $218,537.29 of which $180,784.13 is
attorneys' fees and costs. Attorney Urbelis suggested that the Town also file to recover attorney's
fees of$5,000; the cost of the filing is $400.
Mark Caggiano made a MOTION, seconded by James Xenakis, to file for the recovery of the town's
legal expenses in the amount of$5,000. Vote approved 4-1. Donald Stewart opposed.
Cingular Cell Tower Litigation
Engineers from both the Town and Cingular proved that there is a gap in coverage. The ZBA
denied the decision.
Mark Caggiano made a MOTION, seconded by James Xenakis, to direct Thomas Urbelis to speak
to the members of the ZBA and express our grave misgivings about this lawsuit and if they choose
to continue with the lawsuit that he will report back to the Board of Selectmen for further
consideration. Vote approved 5-0.
ADJOURNMENT:
James Xenakis made a MOTION, seconded by Donald Stewart, to move out of Executive Session.
Vote approved 5-0.
Respectfully submitted,
/, Adele J. Johnson, Administrative Secretary