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
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