April 24, 2019 mintes

Meeting date: 
Wednesday, April 24, 2019

Board of Selectmen

April 24, 2019

Regular Session

Merritt Center, 600 Market Street

 

Present:

Philip Crawford, Chairman

 

Christopher Barrett, Selectman

 

Richard Dalton, Selectman

 

Chairman Crawford called the meeting to order at 7:30 p.m. He announced that the meeting was being recorded for cable television and led those assembled in the Pledge of Allegiance.

 

Discussion of development agreement revision regarding The Woods at Lynnfield

Town Counsel Thomas Mullen, Developer Angus Bruce, project Attorney Jay Kimball, members of the development team and various town officials attended for the discussion of the proposed development agreement for the project.

 

Atty. Mullen reviewed the proposed development agreement, which is subject to the Chapter 61 agreement by the Board of Selectmen not to exercise its right of first refusal to purchase the land for the appraised value or the amount of the proposed purchase and sale of the property. The agreement calls for the payment to the Town of $10,000 per unit in mitigation costs. The veteran-dedicated unit is exempt. The fulfillment of this agreement would be secured by a tri-party agreement with the developer’s lender.

 

Atty. Mullen said that regarding Article 15 on the town meeting arrant, elderly housing is now allowed as a by-right use in that district, with no special permit needed. He said that under zoning law, some use must be allowed by right, so the default would be single family homes. This would require lot sizes of four acres for such homes under the elderly housing district. He proposes changing the lot size requirements to mirror those in Residence D, the strictest requirement. He said four-acre lot sizes are unrealistic and would be construed as snob zoning. He asked that the Planning Board make a motion to amend the article on town meeting floor.  Chairman Crawford said he is glad this issue was caught in time so an amendment can be made at town meeting.

 

Attorney John H. “Jay” Kimball, representing developer Angus Bruce, introduced project engineer Scott Cameron, and project traffic engineer Heather Montecupp.

 

Mr. Cameron reviewed the plans for the project, scaled back from 66 to 56 units, with a smaller footprint. He said a cul de sac would allow for fire truck turnaround, and that the units would be served by a loop road. He showed alternative plans for a 15-unit single-family home development, which could be done by right. He said the roadway would connect with Janet Way.

 

Mr. Cameron said the elderly housing proposal would retain 50 percent of the site woodland, in contrast to 20 top 30 percent in a single-family home development, and preserve 80 percent of the open space. The owners would be responsible for plowing and trash pickup. He reviewed the enhanced septic treatment plan, the water service by on-site wells that would have a strict state cap on withdrawals, the plans for fire protection from water held on site in cisterns, the special permit review process including third-party technical reviews. He said a single-family housing development would be allowed to withdraw unlimited water

 

Ms. Montecupp of Greenman Pederson said that the preliminary traffic study was based on 66 age-restricted units, which she said would generate less peak hour traffic than a single-family development. She said sight distances exceed federal and state requirements, and that the developer is willing to put in driver speed feedback signs to help slow traffic. She said all Town departments have an opportunity to weigh in on the site plan approval process.

 

She reviewed state Department of Transportation traffic accident data, showing fewer than one accident per year on Main Street between Catherine Drive in Peabody and 1350 Main Street. She said there have been two collisions at the driveway, one in which a vehicle struck a deer and one in which a vehicle struck a pole. There have been no truck collisions. She said a 44-unit age-restricted development at Goodwin Circle, Windsor Estates, shows 14 trips during the morning peak and 18 during the evening peak, less than typical; for elderly housing.

 

She said the preliminary traffic study shows negligible impact on traffic operations on main Street. She said a single-family development of 15 houses would have the same impact.

 

Mr. Bruce said he listened to abutters and reduced the project by 10 units. He reviewed the development agreement and said the project would contribute $436,000 per year in taxes, with no plowing or trash pickup or school expenses. He said the Town would receive a $550,000 one-time payment, and a total of $1,249,000 in revenue in a single year if the development is approved. He said the by-right single-family home development would generate $390,240 in taxes, and that if it added 2.5 students per unit to the schools, based on average per-pupil cost, the Town would incur $608,200 in costs. He said the project will be of high quality. The price of units remains $589.900.

 

Police Chief David Breen said he initially had serious concerns about the location of the project driveway, but that after he walked the property with the developer, the driveway was moved. The resulting sightlines are excellent. He also favors installing speed feedback signs to curb speeding, with one facing each direction. He said according to local data, there have been 18 accidents between 1350 Main Street and Catherine Drive over five years according to local data. Several include cars striking deer; one two-car accident occurred during icy conditions. Although there has been talk of a tanker truck accident in the past, there are no recent records of such an accident. He said that over the past three years, calls to the Windsor Estates and Heritage Woods senior developments have averaged about 15-20 per year at each development. About half these calls are for burglar alarms, fire alarms, or medical aid. Chief Breen agreed that an age-restricted development would have less traffic impact than would a single-family subdivision.

 

Fire Chief Glenn Davis said that he also reviewed calls to the two age-restricted developments cited by Chief Breen and said the calls to his department are fewer than one per month, and are generally fire alarms and medical aid. He said the development would not have hydrant protection and that no plans have been submitted for fire suppression, although he has discussed the cistern alternative with the developer, which would be reviewed thoroughly. He said that the cisterns would provide additional protection for nearby homes, which now rely on water that can be supplied through pumper trucks. Water supply and access and egress issues have also been discussed. He said he wants two means of access/egress.

 

School Committee Chairman Jamie Hayman said he and Superintendent of Schools Jane Tremblay reviewed the proposal based solely on the impact on the schools, and the alternative of a 15-hiome subdivision. He said the Town’s elementary schools are approaching capacity and that a study committee has been established to address enrollment projections and space issues. He said the development of 55 age -restricted units would have some effect on school populations, as some current senior residents would move from Lynnfield homes into the development, freeing up those homes for purchase by families with school-age children. Based on data from the Sagamore housing proposal, this would likely free up 10 homes which would produce 20 students, split between the two elementary school districts. If 15 single-family homes are developed, it would likely generate 40 new students, all within the Summer Street School district. He said such a development would exacerbate enrollment issues and special services and transportation budget issues. He said there is concern about how this would affect the ability to expand educational programs to meet the needs of all students.

 

Main Street resident Kenneth Peterson said he has lived on upper Main Street for about 40 years and is a registered engineer. He said he believes the proposed warrant article would be a detrimental zoning change and would create more danger on upper Main Street. He cited a file of clippings he holds in which Town officials and residents have discussed safety issues related to Main Street. He noted the Town cannot ban truck traffic on main Street, and the lack of fire hydrants and the dependence of residents on surface wells for drinking water. He said an oil tanker spill would contaminate wells for local residents and the wellfields of the Lynnfield center water District. He said the development also affects residents on friendship lane and Catherine Drive in Peabody. He said he sees only one means of access and egress in the proposal. He asked that voters oppose Article 16 due to safety concerns.

 

Resident Richard Mazzola said that signage could address some traffic safety concerns, and said the financial analysis says the project would add a lot to the Town, with the alternative being very costly. He said many residents over age 60 are looking for an affordable way to stay in Lynnfield, and should be accommodated due to their contributions to the Town. He supports passage of Article 16. Resident Doris Boghosian agreed with the points made by Mr. Mazzola. Resident Charles Cotting also spoke in favor of expanding housing choices for those over age 55.

 

Resident Patricia Campbell questioned whether people in age 55-and-over housing would be retired, and said they would add to rush hour traffic whether working or not. She questioned whether traffic safety lights can be flashing under the Town’s sign bylaw. She urged residents not to focus solely on financial considerations but to consider the Town’s character as well. She said enrollment in the elementary schools is stable or going down slightly.

 

Resident Sherry Maddison said she is concerned about traffic along Main Street, due in part to new proposed developments in Middleton. She also said she is concerned about a fire located in a housing development deep in the woods.

 

Regarding school-aged children in age-restricted housing, Chairman Crawford said that the development agreement would prohibit this. Fire Chief Davis reviewed the mutual aid system with Middleton, North Reading and Peabody departments available to respond to fires on upper Main Street. He said he would feel better about fire protection in that area if the cisterns were in place.

 

Mr. Peterson complained about beer bottles and trash strewn along Main Street and said approval of this development would encourage the development of the Sagamore property. Resident Tina Phillips said that she feels upper Main Street is dangerous for residents due to traffic passing at 45 to 50 miles an hour. She cited recent traffic accidents in the area and expressed doubts that signage would slow traffic. She also raised concerns about drawing further on the Ipswich River aquifer for water supply. Resident Leigh Thomas also discussed traffic dangers and proposed multi-unit housing development is North reading and Middleton.

 

Mr. Bruce said that fuel for the development could be achieved by extending the gas line on Catherine Drive to the development, or by small underground propane tanks on site.

 

Selectman Barrett said the proposed age-restricted housing development would be low impact given the size of the property. He reviewed the favorable financial date, the development agreement, one-time revenue and the possible impact on school enrollment of a single-family subdivision. He said the schools could face a crisis if a subdivision generates many new students. He said a traditional subdivision at the Sagamore property would further exacerbate space and enrollment issues, and could result in the need for a new elementary school. He said that he appreciates the concerns of neighbors and said the Town would look to mitigate these issues if the development is approved.

 

Selectman Dalton agreed with Selectman Barrett and said the proposed development would have a minimal impact on the character of the Town. He said the financial analysis is quite compelling in favor of this proposal. He said he is guided by the police and fire chief on public safety issues.

 

Selectman Crawford said he appreciated the concerns of neighbor and said there will be further review by the Planning Board of these issues through site plan review if the rezoning article is approved. He discussed the benefits of the plan and the possible impact of single-family subdivision development. He said the benefits of the proposal outweigh the negatives, and said signs, crosswalks and more traffic enforcement could mitigate safety issues.

 

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Board vote to approve the development agreement for the project known as The Woods of Lynnfield as presented. Vote was unanimous.

 

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Board vote to recommend passage of Article 16. Vote was unanimous.

 

Complete Streets funding application

Town Engineer Charlie Richter presented the funding application for the initial Complete Streets project submission, which was discussed at the Complete Streets public meeting in March and involves safety improvements around the Town’s schools. He said improvements would take place at the Middle School, Huckleberry Hill School and Summer Street School and the intersection of Chestnut and Main streets. Chairman Crawford asked if the application incorporated comments from the March meeting. Mr. Richter said most of the comments were for projects not included in this application.

 

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Board vote to approve the Complete Streets funding submission as presented. Vote was unanimous.

 

Mr. Richter also reviewed road and sidewalk projects. He said scheduled road projects for this summer would include a portion of Wildewood Road, Lynbrook Road, Beaver Avenue, Grayland Road, Ashdale Road and Hutchins Circle. He also said areas around the elementary schools on Summer Street at Grove Street near Our lady of the Assumption School are being repaired.

 

Recommendations on annual town meeting warrant articles not previously voted

The Board has not yet voted on the following warrant articles:

 

ARTICLE 4 (transfers within the FY19 budget). Town Accountant Julie McCarthy and Town Administrator Rob Dolan finalized the transfers, which Mr. Dolan reviewed.

 

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Board vote to recommend passage of Article 4 as presented. Vote was unanimous.

 

ARTICLE 5 (payment of bills from a prior fiscal year). Town Accountant Julie McCarthy finalized the recommendation prior to the meeting. Mr. Dolan explained the reason for the three overdue bills, two of which related to the market Street tax valuation appeal.

 

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Board vote to recommend passage of Article 5 as presented. Vote was unanimous.

 

ARTICLE 15 (establishment of special permit process for anything other than single-family homes in an elderly housing district).

 

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Board vote to recommend passage of Article 15 as presented, with the changes suggested by Town Counsel during the discussion of the Woods at Lynnfield project. Vote was unanimous.

 

Acceptance of gift from Townscape, Inc.

Townscape, Inc. has presented a check to the Town for $10,000 for the planting and care of Town trees.

 

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Board accept the gift of $10,000 from Townscape, Inc. for the Tree Gift Account. Vote was unanimous.

 

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move that the Board adjourn. Vote was unanimous. The Board adjourned at 9:46 p.m.