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HomeMy WebLinkAboutZBA Minutes 3/29/19881 ZONING BOARD OF APPEALS MINUTES OF EXECUTIVE SESSION RE GREAT WOODS MARCH 29, 1988 or / -cv I The Board of Appeals held a special meeting in the Town Hall, Mansfield, MA at 7:45 p.M. Present at the meeting were the following members: George H. Wojtkiewicz; Chairman; Eric E. Butler, Clerk; Harold R. Collins; Edward W. Valanzola; Conley G. Eagan; Mary -Lou Cotton, Associate Member and Dr. Stanley Sohn, Associate Member. Motion made by Dr. Sohn and seconded by Mr. Valanzola to go into Executive Session to discuss pending litigation with Great Woods. Mr. Valanzola and Dr. Sohn in favor; Mrs. Cotton, Mr. Butler, Mr. Collins and Mr. Eagan opposed. Discussion followed between board members, Mr. Dwyer, Town Counsel and representatives from Great Woods, who included the following: Mr. Robert McLaughlin, Attorney; Ms. Donna Cohen, Attorney; Mr. John E. Drew, President Mr. Bruce Montgomery, General Manager; Mr. Larry Keats, Engineer from H.W. Moore Associates, Inc.; and Ms. Rayna Rubin. Mr. McLaughlin stated that he was not opposed to the discussions being held openly /publicly and that he wanted to embellish orally a proposal which they had prepared for this meeting, dated March 29, 1988. Mr. Dwyer explained that it would be legal to discuss the pending litigation now as opposed to some time in the future at court. Mr. Butler and others questioned why the board had to go into Executive Session to discuss the issue. Reply is that it saves time, money and that court would request them to do the same thing in a separate room at court and that all members would have to be present at that time. Therefore, motion made by Mr. Butler and seconded by Mr. Eagan to go into Executive Session with Mr. Ihryer only. Unanimously agreed. Mr. Karl Clemmey, abutter, stated his opposition to the board going into Executive Session. During the Executive Session with Mr. Dwyer, boaorWomembers expressed their concern about discussing the case in Executive Session and not publicly. Mr. Dwyer again explained the legality and time saved in discussin the matter here. He suggested reading the proposal presented, discussing the proposal without Great Woods' reps being present and coming up with a consensus about the proposal. He also explained that the original voting members do not have to be present as what counts is the office, not the person in the office. Mr. Wojtkiewicz again polled the board re continuing the discussion in Executive Session. Mrs. Cotton, Mr. Butler, Mr. Collins and Mr. Eagan opposed to discussion in Executive Session. Mr. Butler asked if the Board was at risk in discussing this issue publicly? Mr. Dwyer explained that quotes /comments could be printed in the paper which might not be wise regarding pending litigation. -2- Minutes of Executive Session re Great Woods (continued) Based on this, Mr. Butler changed his vote making the majority now 4 to 3 in favor of discussion in Executive Session. Board decided to discuss the proposal in Executive Session without Great Woods' reps being present and then to invite them in to discuss any questions, etc. Mr. Dwyer went out to advise the latter of this decision. Mr. Butler then proceeded to read the proposal in question starting at Exhibit A. After discussion regarding the proposal, board members reached a consensus that all lots should be paved, with the exception of 1, 2, 12 and 13, This is due to water problems and rock problems. The employee parking lot should be paved also. Questions also to be asked regarding drainage /oil separators, etc. Motion made by Dr. Sohn and seconded by Mr. Eagan to invite Great Woods reps into the Executive Session at 9:10 P.M. Unanimously agreed. Mr. Clemmey was asked to leave the room and again, he stated his opposition to the Executive Session. Dr. Sohn asked Mr. Drew about the oil separator. Mr. Drew agreed to put a "boon" into the proposal and to maintain it as well. Mr. Butler asked questions re the proposed paved parking to cover the percentage of people attending, based on averages, etc. Mr. Valanzola asked what problems /hardship existed for lots 3, 11 & 12? Mr. Keats, engineer explained the water and rock problems in those areas. Mr. Butler questioned the topography of the land and some elevation questions, which Mr. Drew answered. Mr. Wojtkiewicz explained the Board's consensus to wave the parking require- ments for lots 1, 2, 12 and 13, with a request to pave the employee parking area also. Mr. Drew requested the Board's willingness to allow completion of same by 1989 (over the next 2 seasons). After discussion regarding the time element, Great Woods' reps agreed to draw up a draft of atipulation and bring it to the next meeting. Board members requested that stipulatio also state that Lots 1, 2, 12 & 13 still must be hydroseeded and that a Boon system /drainage must also be proposed. Mr. Butler asked if there would be a problem in proceeding with this stipulation before judge approves it. Town Counsel advised no problem as what Board is approving is markedly different than the Variance previously turned doom. MM Minutes of Executive Session re Great Woods (continued) Motion made by Mr. Buter and seconded by Dr. Sohn to come out of Executive Session at 9:55 P.M. Unanimously agreed. Respectfully sub 'tted, C� Eric E. Butler Clerk ZONING BOARD OF APPEALS MINUTES MARCH 29, 1988 U APR -7 1W The Board of Appeals held a special meeting in the Town Hall, Mansfield, MA at 7:45 P.M. Present at the meeting were the following members: George H. Wojtkiewicz, Chairman; Eric E. Butler, Clerk; Harold R. Collins; Edward W. Valanzola;. Conley G. Eagan; Mary -Lou Cotton, Associate Member and Dr. Stanley Sohn, Associate Member. Jack Dwyer, Town Counsel, was also present at the meeting as well as representatives from Great Woods. Motion made by Dr. Sohn and seconded by Mr. Valanzola to go into Executive Session to discuss pending litigation with Great Woods. Mr. Valanzola and Dr. Sohn in favor; Mrs. Cotton, Mr. Butler, Mr. Collins, and Mr. Eagan opposed. After discussion between board members, attorneys and representa- tives from Great Moods, a motion was made by Mr. Butler and seconded by Mr. Eagan to go into Executive Session with Mr. Dwyer onl,y,i A11 members unanimously agreed. (for five minutes! The Board went into Executive Session with Mr. Dwyer at approximately 8:25 P.M. A motion was made by Dr. Sohn and seconded by Mr. Eagan to invite Great Woods' representatives into the Executive Session at 9:10 P.M. Unanimously agreed. Motion made by Mr. Butler and seconded by Dr. Sohn to come out of Executive Session at 9:55 P.M. Unanimously agreed. Mr. Karl Clemmey, who was present, stated his opposition to the Board going into Executive Session. Mr. Dwyer explained the legality of the Executive Session. Mr. Clemmey requested a copy of the minutes of this meeting. Decisions were signed for Mr. Fontanini and Mrs. Haydon. Motion to ajourn at 10:05 P.M, Unanimously agreed. Respectfully _submitted, Eric E. Butler Clerk