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HomeMy WebLinkAbout1994-09-26 BOS ES Min released 4-99.pdf SELECTMEN'S MEETING EXECUTIVE SESSION September 26,26, 1994 Present: Selectmen Chairman Dailey, Mr. McSweeney, Mr. Fenn, Mrs. Eddison; Mr. Cohen, - pre Town Counsel; Mr. White, Town Manager, Mrs. Novak, Assistant Town Manager, and Ms. To' Smith, Executive Clerk Ms Litigation: Philip Road Marshall Derby reviewed the calendar of events with respect to the mediation session scheduled on the two lots on Philip Road. He reported that when he and Dave Eagle went to the meeting in Woburn, they thought there would be agreement on the part of the neighbors. However, that was not the situation. Now the Federal Wetlands authorities have been requested to take a look at the property to see if it is subject to Federal wetlands jurisdiction He reported that a conference call between he, Norman Cohen, Aaron von Staats and the consultant resulted in the feeling that there was a 50/50 chance that the Federal people will take an interest in one lot. If they do get involved, the Federal authorities could overide the DEP. Discussions with the neighbors appealing the decision indicated that they would not withdraw their appeal. The Federal authorities are just about ready to go ahead with their decision. If the Federal authorities say they do not have have any jurisdiction, then the Town has the decision of the Lexington Conservation Commission and the DEP that the two lots are not wetlands and therefore buildable. After discussion it was decided to let the process proceed; however, the Board wants to review the situation every two to three months. Town Counsel indicated he would keep the Board up to date on the progress of the situation Upon motion duly made and seconded, it was voted to adjourn at 10:45 p.m. A true copy, attest: 7—Exe// 1-7 Z-f Phy 's A. Smith- cutive Clerk /-