1995-03-28 Board of Selectmen Executive Session Minutes

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Board of Selectmen Meeting Executive Session March 28, 1995 The meeting convened at 9:40 p.m. Present were Chairman Dan Ensminger, Vice Chairman Sally Hoyt, Secretary Camille Anthony, Selectmen George Hines and Bruce MacDonald, Town Manager Peter Hechenbleikner, Town Counsel Theodore Cohen. On motion by Hoyt seconded by Anthony the Board voted to extend the Purchase and Sales agreement between the Town of Reading and Longwood Senior Living until June 30, 1995. The motion was approved by a vote of 5-0-0. On motion by Anthony seconded by Hoyt the Board voted to extend the closing date on the Purchase and Sales Agreement between the Town of Reading and Bear Hill Realty Trust until April 27, 1995. The motion was approved by a vote of 5-0-0. The Board discussed the issues with regard to the conclusion of the Bear Hill sale. The developer feels that the definition of off-site improvements as included in the Purchase and Sales Agreement includes all off-site improvements. The Town feels that those were limited to certain mitigation measures and not measures required for the justification for additional density. At 10:20 p.m. Brad Latham and Drew Dolben joined the meeting. Latham noted that in the negotiations there was not direct contact with the Board of Selectmen - representatives were representing a Town. They view the issue as a plain language issue and do not feel that anybody is dealing in bad faith. He knows that the Town has made a distinction between the mitigation which is the result of the consequences of development, and the justification as a result of the density. He quoted section 5.1 of the Purchase and Sales Agreement which does not deal with justification or mitigation. The Bylaw deals with justification. The developer does not see any ambiguity, and has noted that he is willing to close on the basis of the contract that we have and feels the town wants to change the contract. The Town noted that it was never the Town's intent to give the developer carte blanche to agree to off-site improvements at any level. Town Counsel noted that the financial arrangements were discussed in open meetings a number of times including at Town Meeting. Latham noted that there is an issue with the Housing Authority in that they want four units with garages and this is an additional expense to them. Latham noted that one option is to close now on the property and deal with the differences as a matter of performance. Dolben noted that the difference between the Town's proposal and their proposal is $91,000. Dolben and Latham left the meeting and the Board had further discussion. When Dolben and Latham returned, Town Counsel suggested that the Town would be willing to agree to a one for one sewer UI mitigation, and try to come up with the least cost option with regard to the bus - service. It was noted that there is a caravan program run by the state that could be run at little or no cost. The developer suggested that perhaps a modification to the payment upon conversion to condominiums could address the $91,000 difference.