===OCR macOS Vision===
===PAGE 1===
Also present: Town Manager Heather Lemieux; Adam Burney, Land Use Director; Adam Costa, Town
Counsel
Conservation Commission Members: Richard Bursch, Chairman; Todd Dwyer, Vice Chairman, Bob Pease,
Member; Ken Jones, Member
The meeting commenced at 8:35 p.m.
Mr. Burney reported he was approached by Kevin Hill last November about two pieces of property for sale on
Gilchrist Street totaling around 12 acres that is divided by town land that is around ¾ acre. He wanted to trade
some of his land for the Town land to make a more reasonable development. There is a significant trail that runs
from the Lane Property through the back of the private property that for many years has been allowed to be
used. Now this property is going to be subdivided and sold off as lots and in order to protect that the
Conservation Commission and he concur that trading this little piece of land gives the Town the potential to
keep the connective trail and protect the Mulpus Brook.
About a month ago, just before Annual Town Meeting in May, a few members of the Conservation
Commission, the Open Space Committee Chairman, the Conservation Administrator, myself and Kevin Hill
walked the back of the property. Mr. Hill offered to move the trail but this wasn't going to work due to
geographical constraints so he offered to give the Town seven acres in exchange for 15,000 square feet. He is
going to need a special permit from the Zoning Board of Appeals (ZBA) to reduce the lot size. There is
significant support from the Conservation Commission and the Open Space Committee which could provide
credence for the ZBA to issue the special permits. We have received permission from Town Meeting for the
Board of Selectmen to negotiate the exchange. If the Town found it unfavorable to do the exchange, Mr. Hill
would get six instead of seven lots and we would end up with no protection of the Mulpus and no connectivity
of the trail.
Mr. Costa stated it was his understanding the trail has been used over the years but there is no easement right to
it. Discussion about an easement ensued. Mr. Costa noted under MA General Law you can't do a land swap,
there is no such thing. It is a conveyance or an acquisition and they are two separate transactions. You can
structure them so both occur simultaneously so long as you are going by procurement law. He noted the Town
Meeting authorized the conveyance of the property and the acquisition of another property. There may be some
flexibility if the land is for conservation purposes because Conservation Commissions can acquire land without
Town Meeting approval.
Motion: R. Ebersole
2nd: D. McQuaid
To approve the proposed plan subject to adding a fifteen-foot easement to be conveyed to the
Conservation Commission
Vote: Ms. Adams- abstain, Mr. MeQuaid-aye, Mr. Ebersole-aye, Mr. Toale-aye
Mr. Toale and Mr. McQuaid stated that although being Hickory Hills landowners and possibly being within 300
feet of the discussed property, they were not biased, tainted or predisposed based upon that status and therefore
were qualified to vote and invoked the Rule of Necessity as long as there were no objections by other Board
members. Ms. Adams agreed also even though she abstained. Mr. Ebersole did not object.
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to dajourn trom cave session
Vote: Ms. Adams- aye, Mr. McQuaid-aye, Mr. Ebersole-aye, Mr. Toale-aye
The Conservation Commission adjourned from their meeting.
The meeting was adjourned at 9:05 p.m.
Respectfully submitted,
Elaine In. Peterson
Elaine M. Peterson
Executive Assistant to the Town Manager
===PAGE 3===
IF MADY CALLAONE
REILANS
•-.
BROOK....
7.0 ACRES
O BE
CONVEYED TO
OWN OF LUNENBURG
as,
LLO
RVEYORS
/
LOT 6
130,000
SQ. FT. *
LOT 5
124,000
SO. FT. +
52902
15,000 SQ. FT. ‡
TO BE ACQUIRED FROM
TOWN OF LUNENBURG
LOT 2
100,000
SO. FT. ‡
RA REGGY S BPOCTOM
LOT 4
60,000
SO. FT. ‡
OUTLYING
RESIDENCE A
LOT 7
40,800
SQ. FT. t
sc 16x. 61Z.13
la
LOT 1
40,000
SQ. FT. #
/ALLEY ROAD
GILCHREST