1995-04-25 Board of Selectmen Executive Session Minutes

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Board of Selectmen Meeting Executive Session April 25, 1995 The meeting convened at 7:04 p.m. Present were Chairman Dan Ensminger, Vice Chairman Sally Hoyt, Selectman Bruce MacDonald, Town Manager Peter Hechenbleikner and Town Counsel Theodore Cohen. The Town Manager brought the Board up to date on the Pearl Street School appeals. The Housing Authority appeals have been settled but not signed off yet. The abutter is still appealing. Bear Hill - The developer wants to close by the end of May. The intent would be that the off-site improvements will be subject to future resolution, and there will be a one page statement of where we agree and disagree. The plan is in the works and will be done within one to two weeks. An extension is requested until May 31 for purpose of creation of documents only. We will close earlier if possible. The developer has made no other offer with respect to the off-site improvements. Town Counsel noted that if we don't proceed the Town could be sued for loss of profits. The development is being built as a condo and therefore upon certificate of occupancy the Town will get the $2,000 or 1.8% of purchased price for all of the market rate units. MacDonald was concerned - he won't agree to pay for off-site improvements. The Town Manager clarified that if a court or arbitrator or other dispute resolution program requires it, then the Town will be required to pay and MacDonald agreed. The Board indicated that it still wanted to do this process with netting out the expenses for the off-site improvements that we agreed to. MacDonald asked if this purchase and sales agreement or process violates the Zoning Bylaw and Cohen noted that it does not. On motion by Hoyt seconded by MacDonald the Board voted to adjourn at 7:25 p.m. on a role call vote with all three members voting in the affirmative. Respectfully submitted, Secretary