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BOARD OF SELECTMEN
Executive Session Minutes
Joseph F. Bilotta Meeting Room, Town Hall
August 14, 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
The meeting commenced at 8:25 p.m.
Mr. Toale believed it was important to hold this Executive Session to protect the Board's negotiating rights
regarding the Gilchrist Street properties conveyance proposal. Town Meeting had authorized the conveyance of
the property and the acquisition of another property. Mr. McQuaid concurred. Attorney Costa noted the
configuration of the land proposal changed and that is why we are back in Executive Session. Ms. Adams felt
badly that this was not an agenda item. She studied Open Meeting Law and takes open government very
seriously, She is trying to speak on behalf of people who would prefer to be part of that.
Mr. McQuaid stated he was going to abide with Town Counsel's opinion that it was legal to have this in
Executive Session. He noted Ms. Adams had an individual conversation with the Attorney General's office and
that is one individual representing a board. Mr. Costa stated when negotiating there are discussions that need to
be worked out without compromising the Town's position. That is the Reason #6 exists; for Executive Session;
it's primarily used for these types of real estate transactions.
Mr. Ebersole asked what is our action since the proposal has changed. Mr. Burney stated the Conservation
Commission supported the deal and was the initial proponent of the Town Meeting article. The new proposal is
2.3 acres of ownership swapped for about 30,000 square feet. The Town would be giving up around. 71 acres
for the 2.3 acres of ownership which includes the Mulpus Brook, an easement over the existing trail and a
conservation restriction on the remainder of the previously proposed seven acres that would be acquired. In
addition, there would be a fifteen foot walking easement up the east property line.
Ms. Adams reported she had hiked the area. She believed the existing path is superior as the proposed easement
was not accessible.
Mr. Ebersole asked if the other party, Kevin Hill, would be willing to give a 20 foot wide easement close to
Valley Road as clearly none of that area is wetlands so that we would be able to do more work on the easement.
Discussion ensued about discussing the deal in open session and then turned to the wording of Article #22 and
the presentation on the article at Town Meeting.
Motion: R.Ebersole
2": D. McQuaid
To request a 20 foot easement from Kevin Hill and to clarify that the land actually goes to Valley Road
Discussion: Ms. Adams asked if Mr. Hill would be willing to clear to make it as accessible as the one we have.
Mr. Ebersole amended his motion to request if the landowner would clear 20 feet under the direction of
the Conservation Commission. Mr. McQuaid seconded the amendment.
Mr. Toale asked what is different from what we said we already liked at our last Executive Session. Mr. Burney
stated you don't own five acres. You have an exclusive right to easement. Mr. Ebersole stated he would be
interested to see the easement along Valley Road as well; it does not change his motion but it helps us in
making our decision because if the easement does not go across the property and it ends, we don't have the right
to go any further. Mr. Burney stated he believed it actually goes through abutter Jane Gallagher's property.
Roll Call Vote: Ms. Adams-nay, Mr. Ebersole-aye, Mr. MeQuaid-aye, Mr. Toale-aye
Mi. Costa stated the next question for the Board is if he accepts this proposal, do you want to vote to give
authorization to negotiate the purchase and sale agreement on these terms and authorize the Chairman to sign on
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the Town's behalf or do you want to wait and see what the response is and make that motion at a future
meeting? Mr. Toale asked would we go for it if we don't get the extra five feet? Mr. Ebersole stated he would
be okay with losing the five feet as long as the easement goes all the way to Valley Road and he hoped that Hill
would be able to clear a path. Ms. Adams asked if there would be a public hearing on our agenda before we
finalize conveyance? Mr. Ebersole and Mr. McQuaid noted the presentation and discussion happened at Town
Meeting which authorized the Board to take action. Mr. Toale agreed.
Motion: R. Ebersole
2'': D. McQuaid
If Mr. Hill accepts the proposed 20 foot condition and clearing the path in accordance with Conservation
Commission requirements or stays with the 15 foot wide easement and clears the path with Conservation
Commission requirements; that we move forward to negotiate a purchase and sale agreement and
authorize the Chair to execute; as long as it is corrected at the Valley Road entrance portion
Roll Call Vote: Mis. Adams-nay, Mir. Ebersole-aye, Mr. McQuaid-aye, Mr. Toale-aye
Attorney Costa will communicate with Mr. Hill's lawyer and advise him of that vote.
Motion: R. Ebersole
To adjourn from Executive Session
Vote: Ms. Adams-aye, Mr. MeQuaid-aye, Mr. Ebersole-aye, Mr. Toale-aye
2nd: D. McQuaid
The meeting adjourned at 9:08 p.m.
Respectfully submitted,
Claire M Peterson
Elaine M. Peterson
Executive Assistant to the Town Manager