This is a message that was sent to the Town Meeting Members and to the
people on the Danforth Farms list. Since we are facing a substantial
budget problem and this issue answers a couple million budget questions,
I'm passing this along. As usual, people are encouraged to ask off-line 
questions.

In addition, there's a writeup in today's MWNews at 

http://www.metrowestdailynews.com/news/local_regional/fram_tm02282003.htm

-- 
-Time flies like the wind. Fruit flies like a banana. Stranger things have -
-happened but none stranger than this. Does your driver's license say Organ
-Donor?Black holes are where God divided by zero. Listen to me! We are all-
-individuals! What if this weren't a hypothetical question?
steveo at syslang.net

---------- Forwarded message ----------
Date: Thu, 27 Feb 2003 21:11:53 -0500
From: Rene s Mandel <[EMAIL PROTECTED]>
To: Steven W. Orr <[EMAIL PROTECTED]>
Cc: Danforthfarm Neighbors <[EMAIL PROTECTED]>,
     Town Meeting Members <[EMAIL PROTECTED]>
Subject: Re: Board of Selectmen meeting tonight.

This special Board of Selectmen's meeting was posted 2 days ago. I found
out about it accidentally late this afternoon, and asked Steve to put a
notice of it on the lists. There were about 8 of us in the audience.
Four I spoke to, including a Planning Board member, were there either
directly or indirectly as a result of this email, and I can only
assume the other 3 were notified in the same manner. I find this
very disturbing.

There was no TV coverage, and Mark Purple, assistant town manager, took
the minutes. All five selectmen participated, as well as the town manager
and town counsel. I took some notes, and have asked my husband, who also
came to the meeting, to look them over. Other people who attended may have
other memories or thoughts.

Rene

27 Feb. 2003

Special meeting of the Board of Selectmen for the purpose of opening and
closing a warrant for a Special Town Meeting on 18 Mar. 2003. There will
be one article at this meeting, a proposal that town meeting allow the
Board of Selectmen to take Riverpath as a town street; the language they
decided to use seems to be the same boilerplate as is usual for such
procedures.

The reason for having the Special Town Meeting on March 18 is this:

1. Per the advice of town counsel, the Planning Board cannot grant the PUD
permit until the Riverpath issue is resolved.

2. If TM accepts the Riverpath, the Planning Board can complete its
hearing process on March 25 and, if it chooses, vote to grant the permit.
If it does not do so by that date, and there are changes on the Planning
Board after the election April 1, then the entire hearing process may have
to be repeated.

So, says town counsel, in the course of negotiations that schedule was
mutually agreed upon.

This is the potential deal as reported by town counsel:

1. The selectmen support the laying out of Riverpath as a public way.

2. The town retains access to the town wells, and receives from the
property owner a 400 foot easement around the wells (which it currently
does not have for well 3). This easement would be necessary to develop the
wells, and the town apparently does not now have the ability to do so
without it.

3. The town will receive $2 million. This would be paid as follows:

        a. $200,000 immediately on the granting of the PUD special permit.
This is non-refundable, no matter what happens.

        b. $300,000 as soon as the town meeting vote approving Riverpath
becomes law (5 working days after the close of town meeting?).

So that the town could have $500,000 by the end of March.

        c. The remaining $1.5 million would be payable following the
issuance of the site plan first phase, upon legal resolution, if a lawsuit
is filed by a third party to stop it. If a lawsuit is filed, the town will
earn interest on the money until it is actually able to receive it.

4. Still under negotiation is reimbursement to the town for past legal
fees, some reimbursement for future legal fees, and indemnification for
the town for future legal fees.

5. What also will need to be negotiated:

        a. Preservation of access to the well fields and ability to
utilize the wells.

        b. Preservation of historic rights, under memo of understanding
with the Generazios, to move the wells to another location on the property
if feasibility study suggests that this is necessary to use the wells.

        c. Conveyence of strip of land at end of Riverpath to the town, so
that if this deal should fail, Riverpath, which will now be a public way,
cannot be used for any other purpose as desired by the owner without
consulting the town. Also, since NESG will be signatory to agreement, we
may be able to put in writing that other uses of road cannot be undertaken
by the current owner without permission of town.

The Board of Selectmen should be able to see the final agreement by next
Tuesday.

Town Meeting members will have the final right to judge the merits of the
deal.  If it does not obtain town meeting approval, it is over.

The Board voted 4-1 to schedule the March 18, 2003 warrant, with the one
article as specified above, and then adjourned.

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