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TOWN OF L UNENBURG  
Office of the Planning Board  
 
 
Matthew Allison, Chair   Tel: (978) 582 -4147, ext 5  
David Prokowiew, Vice Chair    Fax: (978) 582 -4353 
Kenneth Chenis, Clerk    960 Massachusetts Avenue 
Tanner Cole, Mbr.    Lunenburg, MA  01462  
Paula Bertram, Mbr. 
     Adam R. Burney  
     Land Use Director  
 
     Marjorie J. Boggio  
     Administrative Assistant 
Minutes 
Executive Session 
November 26, 2018 
 
Meeting Posted: Yes  
Place: Town Hall, 17 Main Street, Lunenburg, MA  
Time:  9:35 PM 
 
Present:  Matthew Allison, David Prokowiew, Kenneth Chenis, Tanner Cole, Paula Bertram, Adam R. Burney 
 
Board Chair M. Allison requested a Motion to enter Executive Session pursuant to M.G.L. c. 30A, §21, #3, to discuss 
strategy with respect to litigation, where an open meetin g may have a detrimental effect on the government’s litigating 
position, and the Chair so declares, namely O’Brien Homes Inc. et al v. Town of Lunenburg et al.,  Land Court Docket 
Nos. 13-MISC-477878 to 13-MISC-477887 and O’Brien Homes, Inc. v. Town of Lune nburg Planning Board, et al., Appeals 
Court Docket No. 2018 -P-1520, not to enter back into Regular Session.  So moved by K. Chenis, Seconded by D. 
Prokowiew, Roll Call Vote- P. Bertram, aye; T. Cole, aye; D. Prokowiew, aye; K. Chenis, aye; M. Allison, aye.    
 
A. Burney apprised the Board of the current situation.  The O’Brien case was split into two; one was the bad faith claim and the 
second was the subdivision.  Final judgment was issued on the subdivision in favor of Mr. O’Brien ; the Town has appealed that 
Decision to the Appeals Court.  Mr. O’Brien’s attorney has approached Town Counsel and asked for a settlement.  The proposed 
settlement would be for the Town to drop its appeal and Mr. O’Brien would drop his bad faith claim.  When both Counsels asked 
the Land Court to stay the proceedings during discussions, the judge denied the request.  A trial date has been set for late -
January on the bad faith claim.   
 
Either one or two Board members are needed to participate in potential voluntary (not court -mandated) settlement discussions.  
Whoever is selected will not have the authority to make any decisions, but will see if an out -of-court resolution is possible.  A 
member of the Select Board will also participate.  As a result of these discussions, the selected Board members will come back 
to the Planning Board with a potential settlement agreement for Board discussion.  The Board will then vote on whether or not to 
support the settlement agreement.   
 
Board discussion ensued.  K. Chenis questioned if it would b e possible to change the density of the project during settlement 
agreements.  T. Cole asked if any indication was given as to how lengthy these discussions would be.  A. Burney felt that the 
Board needs to see what the settlement options are.  P. Bertram felt that whoever sits in the settlement discussions needs to go 
in with an understanding  of what the Board is willing to accept.  Board members suggested the unit count be reduced to comply 
with the current Bylaw  of two acre lots .  K. Chenis made Motion t hat T. Cole and D. Prokowiew be the representatives, as 
available, P. Bertram Seconded, all aye.  Either one or both will attend, depending on individual availability. 
 
K. Chenis made Motion to exit Executive Session, Seconded by P. Bertram, Roll Call Vote- P. Bertram, aye; T. Cole, aye; 
D. Prokowiew, aye; K. Chenis, aye; M. Allison, aye. 
 
D. Prokowiew made Motion to adjourn, Seconded by K. Chenis, all aye.  Adjourned 10:00 PM. 
 
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Minutes/executive 2018/06.11.26.18_exec