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Board of Selectmen Minutes 11/04/2013
Board of Selectmen
November 4, 2013
Regular Meeting
Selectmen’s Hearing Room, Town Hall

Present:
Philip Crawford, Chairman
David Nelson, Selectman
Thomas Terranova Jr., Selectman

Chairman Crawford called the meeting to order at 7:00 p.m. He announced that the meeting was being recorded for transmission via cable television. He led those assembled in the Pledge of Allegiance.

Applicant for Cultural Council
Amber Vaccaro of Wing Road appeared before the Board for an interview for an open position on the Cultural Council. Ms. Vaccaro reviewed her background and expressed her interest in serving. Members of the Board thanked her for her willingness to serve and remarked that she has an impressive resume.

On the motion of Selectman Nelson, duly seconded by Selectman Terranova, the Board voted unanimously to appoint Amber Vaccaro to the Cultural Council for a term expiring on June 30, 2013.

Proposed change to the Development Agreement on the MarketStreet Development
Theodore Tye, managing partner at National Development, appeared before the Board to request an amendment to the Amended and Restated Development Agreement for Market Street at Lynnfield. Nanci Horne, general manager for Market Street, was also in attendance.

Mr. Tye said the amendments he seeks would change the hours of operation for two specific new categories of tenants not contemplated when the original agreement was drafted. The first is retail stores with a primary business of exercise, fitness and yoga category, who seeks early morning hours as many patrons wish to exercise before work. One current tenant is in this category and others are expected. The proposed hours for this category would be 6:00 a.m. to 10 p.m. Monday through Saturday and 6:00 a.m. to 8:00 p.m. on Sunday. The second is retail stores with a primary function of personal care, which would include nail salons, hair salons, day spas and like businesses. These businesses also usually provide early-morning service. The proposed hours for this category would be 6:00 a.m. to 10:00 p.m. Monday through Saturday and 7:00 a.m. to 8:00 p.m. on Sunday.

Mr. Tye said he had contemplated seeking additional evening hours for restaurants but decided not to make the request at this time. He said that after a year of operation it would be appropriate to consider making such a request.

Chairman Crawford said asked about current tenants in each category. Mr. Tye said one new fitness/exercise tenant is moving in. He noted that there are no restrictions on the hours of the nearby Boston Sports Club. He said there are three current tenants in the personal care category. He said there would be no changes to hours for tenants outside this category.

Selectman Terranova asked that the word “retail” by eliminated from the wording describing the operations in the new categories. Mr. Tye agreed. He also agreed to make the two categories new categories rather than listing them under retail stores. Selectman Terranova asked if the agreement was with the current owner or ran with the land. Mr. Tye said all these agreements run with the land. Selectman Terranova asked why the agreement was with both the Market Street and Arborpoint entities. Mr. Tye said the original agreement dealt with both the residential and retail sections of the development and that any amendments must involve all parties.

Selectman Terranova asked about the phrase in the document that says that Town is receiving “good and valuable consideration.” Town Administrator William Gustus explained that such a phrase stipulates that the Town is receiving consideration, which makes the agreement binding legally. He said that he and Mr. Tye will work on drafting a revised document that incorporates the changes agreed upon tonight.

Resident David Basile asked about if there would be any ramifications with the Board of Health with these new categories. Mr. Gustus explained these categories were always allowed uses in the development; this agreement would merely grant them additional hours of operation.

Resident Joseph DeMaina suggested that the phrase allowing “similar” tenants under the categories be eliminated, saying it was vague. Mr. Tye agreed to the change.

Resident Wallace McKenzie disagreed with Mr. Tye’s description of the development agreement as a “living document” that should be amended from time to time.

On the motion of Selectman Nelson, duly seconded by Selectman Terranova, the Board voted unanimously to approve the proposed change to the development agreement, reflecting those changes agreed to during the discussion. Mr. Gustus said that a document reflecting the proposed changes would be prepared for the Board’s signature.

Request for holiday hours at Market Street
Mr. Tye noted that the development agreement allows for extended holiday hours during a period from the Friday after Thanksgiving through New Year’s Day. These hours must be approved annually by the Board. Mr. Tye is requesting that from November 29 through December 24, that retail store hours be extended to allow for them to be open every day from 7:00 a.m. to 11:00 p.m. Current retail hours are 9:00 a.m. to 10:00 p.m. Monday through Saturday and 10:00 a.m. to 8:00 p.m. on Sunday.

Mr. Tye said that this request is being made to allow Market Street retail tenants to remain competitive with stores in other shopping areas. He said hours for security would be extended and that the management is working closely with Police Chief David Breen on this issue. He said Market Street is committed to make these additional hours work for the community and noted he will have to return next year to make the same request.

In response to questions from the Board, Mr. Tye and Ms. Horne said that discussions have been ongoing with Chief Breen about additional police details and that the hours proposed are less than at nearby malls in Peabody and Danvers, which allow opening as early as 5:00 a.m.

Chairman Crawford and Selectman Nelson said they had no objections to the proposal. Selectman Terranova asked about whether the additional details would address traffic. Mr. Tye said they would and that alternative parking for employees is being planned.

Chairman Crawford asked about the completion date for Phase II of the project. Mr. Tye said that work on Phase II will slow down during the holidays, and that parking areas in the Phase II area will be used for parking during the holiday season.

Chairman Crawford asked for input from those in attendance. There was none.

On the motion of Selectman Nelson, duly seconded by Selectman Terranova, the Board voted unanimously to approve the following holiday hours for Market Street as requested. From November 29 through December 24, 2013, retail store hours will be extended to allow for them to be open every day from 7:00 a.m. to 11:00 p.m.

Public hearing: Application for an all-alcohol restaurant license, Fugakyu Lynnfield Restaurant Corporation, dba Fugakyu Japanese Cuisine, 427 Walnut Street Suite 630, Lynnfield MA 01940, Desmond S. Cheng, manager
Chairman Crawford declared open the public hearing, duly advertised and posted for 7:10 p.m. Attorney Matthew Kimball of Kimball & Kimball, 618 Main Street, represented the petitioner. Edward Leung, president, and Desmond Chang, manager, were both present from the petitioner.

Attorney Kimball explained that Fugakyu is a Japanese fine cuisine restaurant. Seating is for 202 inside and 22 on the patio, with standing room for 35. There are Massachusetts locations in Brookline and Sudbury. Mr. Cheng is Serve Safe certified in alcohol service and crowd management. The chain’s practice is to have hall bartenders Serv Safe certified and to provide in-house training for wait staff. Mr. Leung has served as president of the other Massachusetts locations, and there are no suspensions or violations on record. The requested hours are Sunday through Wednesday, 11:00 a.m. to 10:00 p.m. and Thursday through Saturday, 11 a.m. to midnight.

Chairman Crawford asked if Mr. Chang will be the permanent manager. Mr. Cheng said he would serve as manager for at least two years. Chairman Crawford asked about access to outside seating. Mr. Cheng said that fencing would separate the patio from the sidewalk and no entry would be allowed from the sidewalk to the patio. In response to questions from Selectman Nelson, Mr. Cheng said that managers strictly enforce alcohol policies.

Selectman Terranova asked whether the hours coincide with those in the development agreement. The proposed hours are less than allowed in the agreement.

On the motion of Selectman Nelson, duly seconded by Selectman Terranova, the Board voted unanimously to approve the restaurant all-alcohol license application of Fugakyu Lynnfield Restaurant Corporation, dba Fugakyu Japanese Cuisine, 427 Walnut Street Suite 630.

Application for common victualler license, Fugakyu Lynnfield Restaurant Corporation, dba Fugakyu Japanese Cuisine, 427 Walnut Street Suite 630
On the motion of Selectman Nelson, duly seconded by Selectman Terranova, the Board voted unanimously to approve the restaurant all-alcohol license application of Fugyaku Lynnfield Restaurant Corporation, dba Fugakyu Japanese Cuisine, 427 Walnut Street Suite 630.

Application for weekday entertainment license, Fugakyu Lynnfield Restaurant Corporation, dba Fugakyu Japanese Cuisine, 427 Walnut Street Suite 630
Selectman Nelson asked whether there would be outside music as well as inside music. There will be outside speakers and the restaurant management will review the noise limitations for the development with the general manager of Market Street. Mr. Cheng said that the application is for televisions, which will be used for sports events aon low volume or no volume, and recorded music, which will be in the background and “very calm.” Selectman Terranova asked whether the outside speakers would play both the development music and compete with the music played by the tenant. Mr. Tye said each speaker can be turned off and there would be no conflict.

On the motion of Selectman Nelson, duly seconded by Selectman Terranova, the Board voted unanimously to approve the weekday entertainment license application for television and recorded music of Fugyaku Lynnfield Restaurant Corporation, dba Fugakyu Japanese Cuisine, 427 Walnut Street Suite 630.

Continuation of a public hearing: Application for an all-alcohol restaurant license for Besito Restaurants Lynnfield, LLC, dba Besito Restaurant, 427 Walnut Street Suite 500, Lynnfield MA 01940, John J. Tunney III, manager
Attorney Matthew Kimball, representing the applicant, asked that the all-alcohol restaurant license application, the common victualler application and the weekday entertainment license application of Besito Restaurants Lynnfield be withdraw without prejudice.

Weekday entertainment license application, Legal Sea Foods, dba Legal C Bar, 427 Walnut Street
Marney Whittaker, representing Legal C Bar, said that the restaurant seeks a license for background music and televisions. She said the volume will be off on the televisions, and that the music will be provided by a service. There will be music in the outside patio, but it will not be at a loud level.

On the motion of Selectman Nelson, duly seconded by Selectman Terranova, the Board voted unanimously to approve the weekday entertainment license application for recorded music and televisions of Legal Sea Foods, dba Legal C Bar, 427 Walnut Street.

Hours of operation, Legal Sea Foods, dba Legal C Bar, 427 Walnut Street
Ms. Whitaker asked if the hours for Legal C Bar’s all alcohol restaurant license could be extended to begin at 11:00 a.m. instead of 11:30 a.m. as stated on the license. Mr. Gustus said that the hours of operation for liquor license holders, within the limits set by the state, are at the Board’s discretion. Board members had no objection to the earlier hours for Monday through Saturday.

On the motion of Selectman Nelson, duly seconded by Selectman Terranova, the Board voted unanimously to approve the following hours for the all-alcohol restaurant license for Legal C Bar:  Monday - Wednesday 11:00 a.m. – 10:00 p.m.; Thursday - Saturday 11:00 a.m. - 12:30 a.m.; Sunday noon – 10:00 p.m.

Livery license application, Lassad Ayari, dba Ayari Logan Transportation, 1 Upton Lane
Mr. Ayari told the Board he worked for Hertz Rent-a-Car for ten years and is seeking to provide livery service from his home, using a 2012 Honda Accord that has been modified for this service. Chairman Crawford said he spoke to Police Chief David Breen, who said the background check was fine. In response to questions from the Board, Mr. Ayari said that he worked as a courtesy bus driver, transporting Hertz customers to and from Logan Airport. Asked if he is beginning the business due to the opening of the Market Street development, he said he was not.

Mr. Gustus asked if he was applying for only one vehicle and if he had any objection to having the license designate that the vehicle would be a sedan. Mr. Ayari said that he had no objection.

On the motion of Selectman Nelson, duly seconded by Selectman Terranova, the Board voted unanimously to approve the livery license application of Lassad Ayari, dba Ayari Logan Transportation, 1 Upton Lane, limited to one sedan to be garaged at that address.

In other business
The Board tabled action on the sidewalk plowing protocol and the contract with the Department of Public Works employee union, which has not been finalized.

Board members signed the agreement with the Lynnfield Police Association, which reflects the provisions in the Memorandum of Understanding voted by the Board at a previous meeting.

On the motion of Selectman Nelson, duly seconded by Selectman Terranova, the Board voted unanimously to approve the use of Town streets on November 24 for the Lynnfield Rotary Club Turkey Trot, the course for which had been reviewed by Police Chief Breen, and allowed the hanging of a banner for the event above the town common from November 12-24.

On the motion of Selectman Nelson, duly seconded by Selectman Terranova, the Board voted unanimously to approve the use of the common on November 11 for the annual Veterans Day observance.

On the motion of Selectman Nelson, duly seconded by Selectman Terranova, the Board voted unanimously to approve the minutes of the meeting of October 7, 2013 as presented.

On the motion of Selectman Nelson, duly seconded by Selectman Terranova, the Board voted unanimously to approve the minutes of the meeting of October 21, 2013 as presented.

On the motion of Selectman Nelson, duly seconded by Selectman Terranova, the Board voted unanimously to adjourn the meeting at 8:01 p.m.



 
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