The meeting was opened by its Chairman, Doug Sears at 7:07 P.M. in the Town Hall Auditorium. The meeting was televised and tape recorded. The following members of the Committee were in attendance:

Douglas Sears, Selectmen’s representative on the Committee

Ray Shaw, Chairman of the Finance Committee and the Finance Committee’s representative to the Mills Corp. Study Committee

Jim Carter, Citizen

Steve Deackoff, Citizen

Mike Sitar, Citizen

George Yost, Deputy Chief of the Fire Dept.

Peter Guglietta, Jr. of Jennies Way, Citizen

John Mackey, Chief of Police

Steve Sadwick, Director of Community Development and Ex-Officio of the Committee

Selectmen Sears: Good evening this is the Perkins Land Study Committee. This is the subcommittee from the Board of Selectmen. I’m Doug Sears, Chairman of the Committee. It is now 7 past 7. Hopefully we can get out of here by 8:18 as there are other things that people would like to do. What I’ll try to do is discuss a few matters here. There are a few housekeeping details to get rid of in the beginning. Plus the general agenda would be, I’ll let the people know. There’s the minutes to approve, a resignation to accept, there are also a letter from Attorney O’Neill who is here, also a letter from Attorney Wahr who is also here. We have items where I want the Town Manager if he might, just give a brief synopsis of we have some land that was taken by tax title, and title was vacated and has now gone back to the original owner. I want him to give us a little bit of that background. I would like to have Jay Kelley, the Assessor, to briefly tell us how he has determined where the tax bill should go. I see Mr. Magee who is the President of Magee Construction and President of Nova Corporation who has some claim to the questioned land. I see Attorney O’Neill who is representative of Perkins Family Trust, if he will say a few words and we’ll have some comments from the residents if there are any. And then I’d like the Committee to consider its future and whether we have further work to do or whether the Land Study Committee of the Master Plan Committee might also do the work we are doing so as to not waste anyone’s time. So, first of all we have the minutes.

Mr. Shaw: Motion that we approve the minutes of September 2, 2003. Mr. Sitar: Second.

Approved unanimously.

Selectmen Sears: I make a motion that Mr. Shaw wasn’t there for those 9/16 minutes and that those minutes be approved. Do we have a second? Mr. Deackoff: second. Approved unanimously except for Mr. Shaw not voting.

Selectmen Sears: Now, because we do not have a recorder, that we need to have this meeting on tape so if people when they speak say who they are unless they have a real reason for not saying who they are, then we’ll put a big question mark upon the notes when they get taken. But whoever eventually transcribes these will need to have that assistance. I thought we’d just say briefly who we are and go through the board. (Introductions made)

Selectmen Sears: Thank you. Now we a letter of resignation from David Silva who expressed that his desire was not to continue with this committee. Do I have a motion to accept that letter of resignation?

Shaw: Move to accept resignation of Mr. Silva. Chief Mackey: Second. Sears: All those in favor. (Unanimously approved). Motion carries with regret.

Selectmen Sears: At this point in the meeting, I’d like to call Dave Cressman who is our Town Manager to just give us a bit of history as to a agreement that was entered into December 14, 2001. What we’re essentially trying to do is not to give anybody a hard time, but we the study committee want to find out who it is that owns the land. And I think it’s a fair question to ask and we’re asking it…

Chief Mackey: Can I ask a question, Mr. Chairman? Correct me if I’m wrong, but does the question of who owns the land and what’s going on with the land exceed the scope of this committee? I certainly think it does.

Selectmen Sears: There are those that may think it does, but I think the fact is we have to study the land and I think its important to know who it is that owns it. And I think we can spend some time, I don’t want to waste a lot of time…

Chief Mackey: I think that’s what we’re doing. Can I finish Mr. Chairman? I would think that it exceeds the scope of this committee to begin with. If there’s something wrong with the land and who own the land, I don’t want to waste our time.

Mr. Carter: I agree.

Selectmen Sears: I don’t want to have something like the Sidewalk committee or Housing Partnership where we went down a blind alley. It’s an important issue to discuss. We are not the Land Court. It’s for the citizens of this town regarding the agreement.

Chief Mackey: This is a dead end street. No authority. Nothing to do with this committee.

Selectmen Sears: We are the Perkins Study Committee studying the Perkins land. Those that don’t want to do it do not have to participate.

Chief Mackey: I object to what you’re doing. You have no authority.

Selectmen Sears: Duly noted.

Mr. Sitar: I have a scope of study and no where on it does it say that we should be studying who owns the land.

Selectmen Sears: We would be completely remiss studying things if the issue of the land is not studied.

Mr. Carter: It’s not in the scope.

Mr. Shaw: I agree.

Chief Mackey: Mr. Chairman, I suggest that you put this to a vote.

Mr. Shaw: If that’s a motion, I second it.

Selectmen Sears: The ayes have that. (4-3 vote)

Selectmen Sears: I don’t think this committee has any particular purpose that you are making too much of an issue over who owns this land. I will not address it, but I ask that anyone who’s a resident or would like to address this may address the meeting. Is there anyone interested in addressing this matter that we are not going to talk about.

Mr. Kelley, 75 Mill Street: The Town gave this land to Perkins for back taxes which gave rise to this controversy. Title is unclear, until that is done, Committee should not move forward.

Mr. John Magee: The position of Magee Construction is that it owns approximately 17 acres within the larger tract of land Perkins currently claims. We are currently researching title of the land. It is an extremely complex process spanning 2 decades. We believe we should have been taxed for 17 acres. We do not believe that we owed as much in taxes as the Town assessed. Currently we are in cordial negotiations with Perkins Trust and feel that our situation will be resolved agreeably. We feel we own a piece of land, this is not a hostile situation. To stop this committee over our particular issue at this time is probably wrong.

Mr. Richard O’Neill: I represent the Perkins Family Trust, LLC. Thanks to Mr. Magee. Initial contact was cordial, it is an issue that needs to be discussed. Met for 4 hours with surveys and title attorneys that worked for over 2 years and shared with Mr. Magee the results. It is certainly overwhelming amount of information digest. It is important that this matter be turned over to the experts, surveyors and title attorneys so that ultimately we could find the 17 acre parcel. Attorney Sears handed out the process that took place. It went back to the 1760s. Primarily 1803/ 1830 timeframe. If there is an issue, its an issue between us. Those of you that took the position here this evening that there is no action for the Town to take, I would agree with you. I’m very confident in our discussions.

That having been said, I also brought material that would suggest this is a zoning question, not a title issue. Whenever the Town has dealt with zoning it has never looked at underlying title. I’ve brought the recent example of the Attorney General’s office’s approval when we sought to rezone several properties, like Raytheon from Industrial to Residential without regard to who owned those properties. We created an overlay district at the intersection of East St. and 93 and 38 and Main Street without regard for title of underlying properties. I brought a map of the proposed draft had we proceeded with the agenda showing properties within ½ mile from the Wilmington to Andover town line. This is an issue of zoning and where we ought to go with that process. I’d like to thank the committee and the Magees for removing politics from the process.

Selectmen Sears: I have a question regarding the agreement drafted by you and signed by the Selectmen. It reads, “whereas Perkins alleges that parcel taxes to Magee Construction Corp. later Nova Corp. taken by the Town of Tewksbury in book 2214, page 105 and being located on Assessor’s map 114, Lot 1 approximately 31.84 acres has no history nor basis on record at the Registry of Deeds or in fact.” How did you arrive at that?

O’Neill: We arrived at that, Mr. Sears on the basis of the following….

Sears: Did you look as Nova Corporation is in the Registry of Deeds…

O’Neill: Do I get to answer the question or do you want to play the game you’ve played for the last three weeks. Because this is the first time you’ve ever asked me a single question about this issue or ever asked anybody from the Perkins family a single question about this issue.

Sears: Are you going to lecture me?

O’Neill: Are you going to let me answer that question?

Sears: I’ll let you answer it, then I’ll ask you if you ever looked at the Registry of Deeds for Nova Corporation.

O’Neill: Mr. Chairman, I do not have an answer, because this is not an interrogation to which I will intend to submit.

Sears: Thank you.

Mackey: Are we done with this issue Mr. Chairman?

Sears: We are resolving this that Mr. Magee and the Perkins are working on that…

Mackey: We are not resolving it, they’ll resolve it themselves.

Sears: As a committee, this is something we are in the process of resolving…

Mackey: You’re in the process, the committee voted not to be. You’re the one that’s in the process…

Sears: I have the right as a citizen, I will go up. (Chair moves to the podium)

Mackey: Why don’t you hold a meeting with yourself and them instead of wasting our time.

Sears: Doug Sears, 80 Geiger Drive.

Mackey: Mr. Chairman, I make a motion to adjourn the meeting.

Sears: I’m speaking as a resident.

Mackey: Are you denying my motion.

Sears: I’m speaking to address the committee.

Shaw: At this point Mr. Mackey, I am chairing the meeting as the Vice Chairman. Is there a second to Mr. Mackey’s motion.

Carter: Second.

Motion passed 6-1-1 with Mr. Guglietta opposed and Mr. Sears abstaining.

Shaw: This meeting is adjourned.