SPECIAL MEETING OF THE BOARD OF SELECTMEN Tuesday, August 27, 2013 11:00 A.m. First Floor Conference Room MINUTES
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Present: First Selectman Carl P. Fortuna Jr., Selectman Scott Giegerich (by phone), Selectman Steve
Gernhardt (by phone), Town Attorney Michael Cronin, Finance Director Lisa Carver, Attorney
David Royston and Robert Finch (member of the public).
I. CALL TO ORDER – First Selectman Fortuna called the meeting to order at 11:01 A.m.
II. PLEDGE OF ALLEGIANCE - Omitted due to participation by phone (will be included
in regular Board of Selectman meeting this evening).
III. BUSINESS BEFORE THE BOARD
A. To consider and act upon a proposed Third Amendment to the Agreement between the Town of
Old Saybrook and Max’s Place, LLC dated February 18, 2005.
Attorney David Royston, representative for Max’s Place LLC gave a brief summary of the
amendment that is being sought to the agreement between Max’s Place and the Town for the sale of
the end and cul-de-sac of Center Road West that was passed by referendum in 2005. The deed for
the property is currently in escrow and needs to be released prior to construction work beginning on
the site.
Both the State Traffic Commission and the Old Saybrook Zoning Commission have approved the
offsite improvements, including the new lights at Chalker Beach/Boston Post Road and Spencer
Plains Road/Boston Post Road as well as the widening of Boston Post Road to construct a by-pass
lane.
There is a timing glitch in that the State is still reviewing the final offsite improvement plans and
will not grant the encroachment permit until that review is final. As the agreement is currently
stated, the deed for the road ending cannot be released by the Town until that permit is issued.
Without the deed, the merger of the 12 parcels into one lot cannot be completed and work cannot
begin on the site itself. To resolve this, the amendment will allow the release of the deed on the
condition that the DOT $2.4 million bond is posted within 30 days of the deed delivery. Attorney
Royston in conversations with the regional DOT in Norwich has been assured that the final approval
and permit are only a few weeks away.
All questions posed by the Selectmen were answered by Attorney Royston.
FORTUNA/GIEGERICH
Motion to adopt the Third Amendment to the Agreement between Max’s Place LLC and the Town of
Old Saybrook regarding the transfer of town property at Center Road West to Max’s Place LLC.
MOTION CARRIED UNANIMOUSLY
IV. COMMENTS FROM THE SELECTMEN: None
V. ADJOURNMENT
FORTUNA/GIEGERICH
Motion to adjourn at 11:21 p.m.
MOTION CARRIED UNANIMOUSLY
Respectfully submitted,
Lisa Carver
Finance Director
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