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Board of Selectmen Minutes 04/26/2010
Board of Selectmen
April 26, 2010
Regular Meeting
Teachers’ cafeteria, Lynnfield Middle School, 525 Main Street

Present:
Al Merritt, Chairman
Arthur J. Bourque III, Selectman
Robert P. MacKendrick, Selectman

Chairman MacKendrick called the meeting to order at 6:45 p.m.

Revised order of taking, 525 Salem Street
Town Counsel Thomas Mullen brought before the Board a proposed revised order of taking for the property in the rear of 525 Salem Street.

Chairman Merritt explained the background of this land taking and the pending sale of the land for development.

Town Administrator William Gustus explained the Town had taken the land in question for non-payment of taxes several years ago, but never foreclosed the right to redemption, which created a perceived flaw in the title to the land. Voters at the annual town meeting in April of 2009 to authorize the Board of Selectmen to take the land in question by eminent domain. The proposed action tonight would execute that taking. This will grant clear title to the buyer; the sale is scheduled for May 15, 2010.

On the motion of Selectman Bourque, seconded by Selectman MacKendrick, the Board voted to approve the revised Order of Taking and all three Board members signed the document.

Public hearing scheduled
The Board received a request from Broadway Lights, LLC, d/b/a Bostonville Grille, Broadway, for a revision to its all-alcohol restaurant liquor license to reflect a change in stockholders.

On the motion of Selectman Bourque, seconded by Selectman MacKendrick, the Board voted to schedule the public hearing for 7:45 p.m. on Monday, May 17.

Review of warrant articles
Chairman Merritt reviews the 18 articles on the annual town meeting warrant and the four articles on the special town meeting warrant, all of which have been recommended by the Board at a past meeting.

Mr. Gustus said that a revised motion for Article 13, which would put in place  a Stormwater Management By-Law, reflects two small technical changes to the proposed By-Law as previously published. One revision include any approvals where the Planning Board, which always reviews for stormwater purposes, has had a major role, and that is true in Green Belt special permits even though they are granted by the Board of Appeals. The second would allow the Conservation Commission the discretion to grant waivers in cases when such action is not prohibited by federal, state or local statutes or regulations.

Board members were in accord with recommending these changes to Town Meeting.

Selectman Bourque raised his concerns about Article 5, the capital budget article. He suggested that if voters did not want approve the proposed measure by a two-thirds vote, as required due to the use of Stabilization Fund money, the entire capital budget be lost. He suggested that the Board be prepared to offer a second motion to reduce the proposed capital budget by $250,000, as this would eliminate the need for stabilization funds and allow the capital budget to be passed by a majority vote.

Town meeting procedures
Moderator David Miller appeared before the Board to review briefly town meeting procedures. He said he would be dispensing with the reading of the articles and would not re-read motions unless asked to do so.

Other business
On the motion of Selectman Bourque, seconded by Selectman MacKendrick, the Board voted to approve a request by Townscape, Inc. to place a banner across the common for the organization’s annual Geraniumfest, from May 8 through May 15.

On the motion of Selectman Bourque, seconded by Selectman MacKendrick, the Board approved the use of the common for the annual Friends of the Library Summer Concert Series for the following dates: Wednesdays, July 7, 14, 21 and 28; and (for rain dates), Thursdays, July 8, 15, 22 and 29.


On the motion of Selectman Bourque, seconded by Selectman MacKendrick, the Board voted to adjourn the meeting at 7:06 p.m.


 
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