===OCR macOS Vision===
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Also present: Heather Lemieux, Town Manager; Adam Burney, Land Use Director
The meeting commenced at 8:40 p.m.
Ms. Lemieux reported Attorney Costa had informed her that Attorney Borenstein, who represents O'Brien
Homes, would entertain a settlement agreement with the Town which would remove the bad faith claim,
abdicate the appeal and remand the application back to the Planning Board
He is seeking one representative of the Board of Selectmen and one from the Planning Board, preferably who
was not involved in the initial decision.
Mr. Burney stated the Planning Board would have to hold a new hearing accepting that the ten separate
subdivisions don't violate Section 250-5.6 (Cluster Development). Mr. Burney stated they can develop
conventional subdivisions that rely on one another for access but the Planning Board would have to adjudicate
that at a public hearing. He still needs to discuss the details further with Attorney Costa. Discussion ensued
about possible scenarios for the subdivisions, setting a precedent and the Town's right to an appeal.
Motion: R. Ebersole
2nd: D. McQuaid
To authorize a member of the Board of Selectmen to work with a member of the Planning Board to
discuss the opportunity for negotiations for settlement
Vote: Ms. Adams-aye, Mr. McQuaid-aye, Mr. Ebersole-aye, Mr. Toale-yes
Motion: R. Ebersole
2nd: D. McQuaid
That Jamie Toale be the Board's representative at the negotiations
Vote: Ms. Adams-aye, Mr. McQuaid-aye, Mr. Ebersole-aye, Mr. Toale-yes
Motion: R. Ebersole
2"d: D. McQuaid
To adjourn from Executive Session and not return to Open Session
Vote: Ms. Adams-aye, Mr. McQuaid-aye, Mr. Ebersole-aye, Mr. Toale-yes
The meeting adjourned at 8:58 p.m.
Respectfully submitted,
Caiiem. Peterson
Elaine M. Peterson
Executive Assistant to the Town Manager