HomeMy WebLinkAboutBOS EXEC. MINUTES 9-22-1999Board of Selectmen
Executive Session
Minutes
September 22,1999
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Present: Chairwoman Royle, Clerk Wills, and Selectmen Amora"so, McCarter, and
Robinson
John D'Agostino, Town Manager
Daniel Bailey, Special Counsel
Special Counsel Bailey provided his final Great Waves zoning opinion, dated September
22, 1999, to the Board of Selectmen. Attorney Bailey prefaced the discussion of his
opinion by stating he has come to the conclusion that while he feels comfortable that the
proposed use is much more of an amusement use than a recreational because of its
impacts, it is very close and it could go either way.
Discussion among the Selectmen, Special Counsel, and Town Manager followed
concerning Attorney Bailey's opinion, his availability to represent the Selectmen before
the Zoning Board of Appeals Yes, whether or not the opinion may be released to the
general public, time frame for the appeal in the court system Superior Court 18months
and Land Court 4monts for a hearing and 8- 10rnonths for a decision, whether or not
Attorney Bailey is authorized to speak to the press Defer to the Town Manager or
Chairwoman Royle, and cost to proceed with the appeal Superior Court $25,000-$50, 000
and Zoning Board $10, 000.
Attorney Bailey recommended if an appeal is pursued, it should be filed in Superior
rather than Land Court.
7:30 PM Motion: To adjourn executive session and return to open session.
(Robinson - Amoroso) Clerk Wills, Aye; Selectman Amoroso, Aye;
Selectman McCarter, Aye; Selectman Robinson, Aye;
Chairwoman Royle, Aye. Passes.
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Clerk's S nature Date fA proval Date of Release