9/9/1991 BOARD OF SELECTMEN Minutes

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ARD OF SELECTMEN EN Page MINUTES 1NDAY t SEPTEMBER 91 1991 Recreation Center: At that point in time, Field' s Point agreed to have the surrey of the smaller parcel to establish the lire between the Aaron and the Nicholas Keeter parcel. A play was done and submitted to the Planning Board and approved by the Planning Board, That was surveyed at 8. 67 acres rep Iorts Counsel. The and has nearer been accurately surveyed states Mr. Reardon. I would a e a guesstimate although Torn is here and .maybe he can give a. better guesstimate. , . That is the umber that I would use in the appraisals and plan states Mr. Fu l°a.. 36e586 Is that both properties asks Selectman Jacobson? No that excluded the 8 acres reports lir. Fuda.la. I think again, Jerry you indicated that that parcel, the eight acres, we di dn' t have any hold on it any more, but we do states Selectman Caffyn. In talking to Attorney Reardon g we are still claiming ownership of that. In the context of the litigation states Co'unsel, that was originally what was contemplated to a. series of negotiations. An a.greereit was reached with Field' s Point whereby Field' s Point agreed to relinquish any objection to' the Town' s confirmation of the larger parcel. states Counsel in return for the Town relinquishing it' s claim to the- smaller parcel If I understand it Joe, that means the Town was giving up their right to contest. . .to the 8.. 67re parcel yes sir rept s Town Counsel to lir. Carter' s statement. - Th t was the original swap states selectman Caffyn. We were not going to protest their piece, they were not going to protest ours. Thea e were going to end up with the large parcel. e would end up with the 36 acre piece states Counsel, clear title and Field' s Point would end p with clear title to the 8 . 67 acre piece, ,And- that did not go through because of why asks Selectman awn' Field' s Point reneged on it after a. decision was rendered in the. supreme Judicial Court involving an application of the law that the Town was relying upon and that.;I was advancing by a device that I- was suggesting to Field' s Point' s Counsel that they have no standing to object based upon a. defect in Form of the tax Foreclosure proceedings by Emma Hills which took place years ago. The case came down from the Supreme Judicial Court interpreting that statute and Field' Point' s Counsel maintal ed a, position that that Supreme Jduicial Court interpretation anent that the law was not applicable to - their land, It was my position that it was. The position -of the Attorney Coppola who - is our tax specialist that the tax collector uses that the Town-Is position was correct, That has subsequently again been radified by an - expertithe Board of Selectmen authorized to hire, a maxi by the name of lir. Henry Thayer who also confirmed that to his belief, the Town' s position was correct states Counsel. All I "can say is that I Feel comfortable with two other Attorney' s who are expert in the field, much more expert than I states Mr. Reardon to spe c i .li e d in thi s ' fi e ld that suggested that the Town' s position was very sound.