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PLANNING BOARD MEETING <br />EXECUTIVE SESSION OF MARCH 4, 1985 <br />After a unanimous vote of the four members present, by poll of the Board, the <br />Lexington Planning Board met in Executive Session, in Room G-15, Town Offices, at <br />7:51 p.m. to discuss strategy with respect litigation which, if discussed in open <br />session, may have a detrimental effect on the litigating position of the Town. <br />Present were Chairman Smith and members Flemings, Sorensen, Uhrig and Planning <br />Director Bowyer. Mr. Cripps was absent. <br />Mr. Bowyer reported that William Smith had threatened to appeal the Certificate <br />of Action on the Hamptons subdivision unless the Board removed condition #4 which <br />called for the developer to grant to the Town a ten -foot wide easement along Lots <br />4 and 5 and build a pathway which would lead to conservation land nearby. He <br />reported that he had discussed the potential appeal with Steven Anderson of <br />Palmer and Dodge and he explained the choices as Mr. Anderson outlined them: <br />1. Do not revise the Certificate of Action and see if Boyd -Smith will <br />really bring an appeal. They might not do so because of the time and <br />cost involved. <br />2. Do not delete condition #4 at this time but be prepared to do so if an <br />appeal is filed and the case is ready to go to trial. <br />3. Delete condition #4 now and avoid any possibility of an appeal. <br />The Board agreed that it would not delete condition #4 now and see if Boyd -Smith <br />does file an appeal which they will have to do by Wednesday, March 6. If an <br />appeal is filed, the Board can re-evaluate the situation at that time. The Board <br />took this action because it was consistent with its own practice in at least <br />three other subdivisions and it was consistent with the policy as expressed in <br />the Subdivision Rules and Regulations. The Board thought there was some incon- <br />sistency in the Boyd -Smith position because they would offer the easement if <br />limited to residents of the subdivision only. <br />The Executive Session was adjourned at 8:05 p.m. and the Board returned to open <br />session. <br />dith J. Uhri Clerk v <br />