April 4, 2017 meeting minutes

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

Discussion of proposed cinema at Market Street and related warrant article

Selectman Dalton said that he has filed an appearance of conflict of interest form after consulting with town counsel and the state Ethics Commission disclosing that he resides at Arborpoint, which is owned by National Development, the owner of the Market Street development. Both town counsel and the state Ethics Commission advised him that he can participate in this matter but that he should file a disclosure form.

Theodore Tye of National Development appeared before the Board to discuss the petition warrant article that would allow a cinema as an allowed use under the section of the zoning bylaws that pertain to the Planned Village Development District. He reviewed the original development agreement, including repayment of fees, donation of a portion of the property, and the mixed-use plan. In Fiscal Year 2017, Market Street pays over $4.3 million in annual taxes. A theater would generate an additional $400,000 in annual tax revenue. Town meeting must approve significant changes to the development.

He said 50,000 of retail space may still be built at the site without town meeting approval. He reviewed community events hosted and sponsored by Market Street. Larger retail developments in the region are struggling and the challenge is to provide experiences that consumers cannot get sitting home at the computer. Retail must have a mix of entertainment to survive. He said that a theater at market Street would benefit the development and the Town. A theater would assist in drawing shoppers to Market Street which would help retain high-level retail renters.

He said while National Development agreed not to allow a theater in the original zoning, it has always believed that a theater would be an important element for Market Street. He said there was never a promise not to seek a theater at a later date. The proposal asked town meeting to decrease the office space to 41,000 square feet to allow for a theater of 39,000 square feet, keeping the total retail and office mix at 475,000.

He said the proposed theater would not be a megaplex but would have a maximum of eight screens with no kore than 800 seats, limited in height to 40 feet. It would be located near gaslight restaurant.  A parking structure that would accommodate 400 vehicles would also be added, which was contemplated in the original 2007 plan and does not require town meeting approval. All new structures would be subject to Planning Board review.

The proposed tenant is CMX. Mr. Tye said he will not ask the traffic and parking consultants to make a presentation tonight. He said if her were a Lynnfield voter, he would consider what the impact of the tradeoff of theater space for office space would be, and what the impact of the parking structure would be.

He said that Market Street has engaged residents, Board members and other Town officials in recent days, and based on these discussions, he is asking that this matter be deferred at next month’s town meeting and bring it back at the fall town meeting, to allow for voters to gain more information and make an informed decision. He said that more information on traffic and parking would be provided, and that the Town may want to consider engaging its own traffic consultant to review the plan.

Chairman Crawford commended Mr. Tye for listening to residents. He said there was not enough time for Town officials and residents to review the proposal. He agreed that a peer review of traffic would be advisable and asked that National Development pay for it. Mr. Tye agreed.

Chairman Crawford said that the signatories of the original petition could sign a petition to remove the article from the warrant, or the town meeting could vote to postpone it at town meeting. Mr. Tye said he was not sure which option he would pursue. Selectman Barrett said he had expressed his concerns about the short notice, and said the addition of the medical building at the site must be considered as well. He said waiting until next April may be advisable. Selectman Dalton said residents have a vested interest in market Street’s success, as it provides funds for seven percent of the budget. Market Street is seen as a model of good development around the state. The Town has an obligation to carefully review the traffic impact, and said a peer review is advisable, as well as the possible appointment of a working committee of residents to advise the Board on Market Street issues. The Board would include a representative of this Board, the Planning Board, the police and fire chiefs, and a neighborhood representative.

On the motion of Selectman Dalton, duly seconded by Selectman Barrett, the Board voted unanimously to direct the town administrator to seek proposals from firms to conduct a peer review of the Market Street traffic study at the expense of National Development. Town Administrator James Boudreau said this process would take a couple of months.

Police Chief David Breen said he had several concerns about the traffic study presented. He said Market Street had been receptive to concerns and he agrees time is needed to further review the impact of the proposal.

Resident David Basile said the neighborhood felt ambushed by the proposal and there was not outreach to the neighborhood. He said he hoped that more than one neighbor representative would be included on any committee. He discussed traffic backups coming off Route 128 onto Walnut Street. He said that plans for the theater were well underway and the neighbors were not alerted. He said there are rumors of adding another ramp on walnut Street. He said traffic counts should be taken during the holiday shopping season as well.

Resident Mary Dunn asked about the Lahey Clinic proposal, which is a separate proposal that does not require town meeting approval. Resident Anne Mitchell said she wants to see Market Street succeed, but there was an agreement made to support the project in 2007 on the basis a cinema would not be allowed. She discussed traffic backups at Exit 42 on Route 128, and said this will have a Town-wide impact as people seek alternative routes. She said the proposal is a multiplex even if it has additional amenities, not a town center theater with a single screen. She said this proposal is not in the character of the Town.

Resident Wallace McKenzie said that the prohibition against the cinema was put in the zoning bylaws to make any change proposed to be up to town meeting. He said the design standards should be reviewed. He asked for a new review of the economic impact on the Town services. He said the definitions of premium seating and state of the art in the proposal should be made clear. He said that this is the third attempt to get a cinema, and he said that the proposal was passed originally on the basis there would be no cinema. He said that the issue is divisive and pitting residents against each other. He asked that the proposal be withdrawn for several years.

Resident Joseph DeMaina questioned whether this proposal would constitute spot zoning. He said the parking garage. He said despite the suggestion there was outreach to residents, he and others who are active in these issues heard nothing. Resident Robert Xavier said that traffic from other communities often comes via Walnut Street and not the highway.

Resident Jennifer Lupien agreed traffic is an issue, but said she chose to move to Town because of Market Street and would like to have a cinema and would like to see what the answers to the objections are.  Resident Jocelyn Fleming said traffic on Walnut Street is a nightmare and at all times.

Chairman Crawford said the proposed location of the parking garage is next to California Pizza Kitchen. Resident Recbecca Scenna said residents want to see Market Street succeed. She asked that more than one resident from the neighborhood be included, as well as residents from other sections of Town. She said residents should have a voice in the selection of a contractor for the peer review of the traffic study. She asked about data on the increase of accidents on Walnut Street at Salem Street. Chairman Crawford said this information is available online. He thanked all for attending and said the traffic peer review will be publicized when it is completed.

Discussion of fields project and related warrant articles

Fields Committee Chairman Arthur Bourque III appeared before the Board to discuss fields projects under consideration for funding at the annual town meeting. He said the bid process on these projects is underway. Gale Engineering, which handled the high school fields project, is also providing engineering services for this next phase of the project. He said he received estimates on the projects this afternoon and said they were much higher than expected.

The Town-wide project would include a well, irrigation, draining and completion of the Summer Street School field, which would be made into a play area, as well as paving and repairs to the hot top. The all-purpose field in the rear of the school would be slice-seeded and a clay mix installed.

A deep well would be added at the Huckleberry Hill School to provide water for irrigation, and the field would be addressed in a manner similar to that being done at the Huckleberry Hill School. The hot top there cannot be repaired and would be replaced. He said the schools have asked to introduce lighting to the back path to the school, which would have to be included as a change order. Repairs to fencing are also proposed.

At the middle school, the softball field would be redone, a pitcher’s mound installed, the infield size corrected, and sod placed in the outfield and infield. An irrigation system would be installed. The baseball field at the site was redone as compensation for the Little League field lost when the property at 527 Salem Street was sold by the Town. A well was installed at the site, but holding tanks are needed. Bullpens are being installed, as is a storage shed. Electrical service is being installed for a pitching machine and fencing is being repaired. Electrical service is also being extended to the baseball field for pitching machines or a public address system, and a storage shed, scoreboard, and drainage system would also be added.

At the high school, the tennis courts cannot be repaired and would be replaced. A fifth court would be added, which is the norm for high school play. Netting would be installed to extend the safety netting to keep footballs from hitting people in the concession area. Changes to drainage would be made to address water running onto the field. A new gate would be installed to allow access to larger trucks to maintain the fields and lighting.

At Newhall Park, new controls would be added to existing lighting to allow for automatic shut-off. Controls would also be added to the irrigation system, and drainage issues would be addressed, fencing replaced, and bleacher seating and a public address system would be installed. A new playground structure with a rubberized base would be included.

A shallow well at Glen Meadow Park would be replaced by a deep well and pumping system, with electrical work for the service included.

Unfortunately, the cost estimated for this work is $3,115,000, much higher than had been expected. He said this has to be reviewed for possible savings and deletions. He said this would be a tough number for town meeting voters to swallow.

Chairman Crawford said it is the nature of such projects that unanticipated issues are discovered. Mr. Bourque said bids are due a week prior to town meeting. The engineer recommends a 15-percent contingency due to the number of variables involved in irrigation work.

Selectman Barrett said much work is needed at the elementary school fields. He also said that it is disappointing that the Town does not have a venue for track meets. Mr. Bourque said there has not been a usable track in four years, and it cannot be repaired but must be replaced.

Mr. Bourque the Jordan Park proposal includes a wall along the existing parking lot to allow the field to be expanded by 30 feet, which would allow for two grass recreational fields. This would give increased flexibility. Trees would be removed to expand the field. When youth soccer replaced the baseball fields, the former clay surface remained and causes water to pool in the corners of the fields. These clay areas would be removed, fencing would be repaired or replaced and gates installed; the irrigation system would be repaired. Netting would be installed to keep balls from going into the parking lot and a kicking backboard installed for practice. The existing playground would be removed, the parking expanded from 41 spaces to 101 spaces, and a new playground would be installed in a different location. Drainage in the parking lot and the fields would be addressed. A shrub barrier would be installed along the Pillings Pond Road and Wildewood Drive areas to provide neighbors with some protection. A new memorial area for Allan Jordan would be installed and the memorial would be relocated and enhanced. The costs estimate for this work is $1.5 million; it has not been put out to bid. He said if one project must be delayed be a year, it is this project as these fields are playable now and there are additional soccer fields at the high school.

Chairman Crawford agreed that this project may have to be delayed for the reasons cited by Mr. Bourque. Selectman Dalton thanked Mr. Bourque for all his work on this project. He asked for suggestions about financing of the project. Mr. Bourque said the Board must consider what funds are available and what borrowing can be accommodated and whether the voters will support it. He said he has brought forward a number of issues that need to be done for safety purposes. He said he is more comfortable than he has ever been that the Department of Public Works will address the maintenance issues at the fields.

Mr. Boudreau said that the cost estimates are far larger than anticipated. He said non-excluded debt does not significantly drop off until 2030. There is a smaller drop in 2020. He said he would look at ways to reprogram the debt in the next weeks. He said this proposal would require absorbing $300,00 to $400,000 in debt service annually under the Proposition 2-1/2 levy. Selectman Dalton said there may not be sufficient time for the community to consider this matter.

Mr. Bourque said that a special town meeting could be held in May or June to allow for additional discussion. He said delaying until the fall will lose the summer window where work can be done with no students on site. He said fundraising efforts for the middle school project were planned but have not come to fruition.

Mr. Bourque said at the middle school, the bleachers have been removed, the field is playable but not of good quality, and the track cannot be repaired. The project would allow for a larger field for varsity soccer, lacrosse and field hockey if the track is widened. A small set of bleachers would be added at the finish line. This would allow the high school track teams to have the first home meets in four years. He said a grass field will cost about $200,000; a turf field would be $1 million. Chairman Crawford said an estimate on the field and track work would be about $1.6 million if grass is used instead of artificial turf. Selectman Barrett said the track must be a high priority.

Superintendent of Schools Jane Tremblay said the Town has invested in the school buildings and the high school fields. He said there is an issue of the surface aesthetic issue as well as the safety and well-being of students. She said that the Summer Street School play area is a dirt bowl that is unusable if there is any rain., limiting the play area to hard top. At Huckleberry Hill, the hot top is torn up and a safety issue. The field there has holes, divots and pits and presents a danger to students. At the middle school, the lack of a track means that graduating seniors have ever had a home meet during their high school careers. It cannot be used even for practice. The tennis courts at the high school are also in disrepair and even with patching there is a safety issue. She said her top priority is hard to identify due to multiple safety issues. She said members of the pubic use the track for recreation and would benefit from a n upgrade to that facility.

Chairman Crawford considers the track one of the top priorities. He said the Summer Street play area has been in tough shape for years. Intense use makes it hard to maintain these grass fields. Ms. Tremblay said that she also has confidence that the DPW

Selectman Barrett asked if there could be prioritization within each project. Mr. Bourque said that some items could be removed, but since the work was bid as a package when a contractor would be on site for the entire project, the costs may be larger if items are pulled out and addressed later. He also said many of these items are interconnected and if irrigation is eliminated, the fields will not be maintained properly. He said he has already eliminated some items from a longer list, and that he is constantly looking for areas in which to save the Town money. Mr. Bourque said that any taxpayer who questions the need of some of these items should visit the Huckleberry Hill hot top area.

Resident Steven Connolly was a former chairman of Lynnfield Youth Soccer. He said the organization raised funds to address parking there seven years ago. He said there should be some funds available for that purpose. He said that some of the funds have been used to offset user fields associated with the new high school fields. He said that the high school facility can attract camps and events that will bring in user fees, and said he is disappointed to see that the Town will not host a flag football event that was held in Town in the past. Chairman Crawford said user fees are set aside for short-term and long-term maintenance and supervision. Public Works Director John Tomasz has developed a plan to use Town employees and contractors to implement the new maintenance plan. He asked about the fundraising effort for the middle school project.

Mr. Bourque said that he has lost some energy to handle that portion of the project, and said the initial commitments were not encouraging as to the ability to raise the necessary funds to address the issues in a reasonable timeframe. He said fundraising for Jordan Park may be more feasible due to the lower amount.

Tennessee Gas Company easement maintenance

Chairman Crawford said that Tennessee Gas Company will be exercising its rights to maintain the easement over properties in the area of Lowell Street from the Peabody line to the Camp Curtis Guild area along the existing pipeline to eliminate vegetation and any structures that impair its ability to conduct aerial observation of the pipeline for safety purposes. Residents who own property on which this easement exists are being notified.  He said work may not start until August 1 due to a tree-cutting moratorium related to habitat for migratory birds. He said many residents have called him and are concerned about the loss of plantings and landscaping. He said that individual residents would work with the company on the impact. Mr. Boudreau urged residents to be in contact with representatives of Tennessee Gas.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted to adjourn at 9:11 p.m.