===OCR macOS Vision===
===PAGE 1===
BOARD OF SELECTMEN
Executive Session Minutes
Joseph F. Bilotta Meeting Room, Town Hall
May 22, 2018
Board of Selectmen: Jamie Toale, Chairman; Robert Ebersole, Vice Chairman; Damon McQuaid, Clerk; Katey
Adams, Member
Not Present: Phyllis Luck, Member
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 Mr. Burney agreed that trading this little piece of land gives the Town the
potential to keep the connective trail and protect the Mulpus Brook.
Adam Burney relayed that about a month ago, just before Annual Town Meeting in May, he and a few members
of the Conservation Commission, the Open Space Committee Chairman, the Conservation Administrator 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 72 acres of Town-
owned land. 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.
Mi. 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
2"': D. MeQuaid
To approve the proposed plan subject to adding a fifteen-foot easement to be conveyed to the
Conservation Commission
Roll Call 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.
===PAGE 2===
Mr. Costa noted the applicant needs a property interest or contract before making application to the ZBA. Do
we want to negotiate that sort of an agreement? We can enter a contract that tries to encompass both the
purchase and the sale subject to the contingency of permitting, subject to the contingency of the conveyance of
an easement as we just described and subject to compliance with procurement law. Once the document is
negotiated it needs to be signed by the Board of Selectmen. He requested permission to draft that document and
try to bring something forward before the next meeting. They concurred. Details of the timeline involved were
discussed.
Motion: R. Ebersole
To adjourn from Executive Session
Roll Call Vote: Ms. Adams-aye, Mr. McQuaid-aye, Mr, Ebersole-aye, Mr. Toale-aye
2n: D. McQuaid
The meeting adjourned at 9:05 p.m.
Respectfully submitted,
Claire In Peterson
Elaine M. Peterson
Executive Assistant to the Town Manager