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Select Board accepts Ed Waters Way deed, then votes to enter executive session on multiple litigations
Summary
The Select Board accepted deed and easements for Ed Waters Way per Article 22 of the March 23, 2024 Town Meeting and then voted to enter executive session citing multiple pending legal cases and a real-property negotiation; the chair said open discussion could harm the town’s negotiating and litigating positions.
At the conclusion of the joint presentation on the downtown plan, the Select Board took two formal actions: it accepted deed and easements for Ed Waters Way and then voted to convene in executive session to discuss pending litigation and a real-property negotiation.
Christy (staff) introduced the Ed Waters Way item, saying residents had voted at the March 23, 2024 Town Meeting (Article 22) to accept the road and that the Select Board’s final action was to accept the deed and related easements and to authorize the town manager to execute documents needed to record the acceptance. A member moved the motion to accept the deed and to authorize the town manager to execute related documents; the board approved the motion by roll call (members recorded in the roll call as Marshall, Edinburg, Keogh and Welch voting yes).
Shortly afterward, the board voted to enter executive session under Massachusetts General Law, Chapter 30A §21(a)(3) (strategy with respect to litigation) and §21(a)(6) (discussion of purchase, exchange or lease of real property) to discuss several matters identified on the record: litigation involving Ferris Development Group, LLC versus the Town of Westborough and related parties (Worcester Superior Court CA No. 2285CV01281), matters involving Westborough SPE LLC (Suffolk County Land Court case no. 19TL000768 and a related U.S. District Court case referenced in the transcript), and a U.S. bankruptcy case (No. 23-40709) and strategy regarding 231 Turnpike Road negotiations.
The chair declared that an open meeting could have a detrimental effect on the town’s litigating and negotiating positions and that the board would not reconvene in open session following executive session. The Select Board completed a roll call vote to enter the closed session.
