April 9, 2019 minutes

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

Proclamation: Saugus/Lynnfield Bantam Hockey Team

Members of the Saugus-Lynnfield Bantam hockey team were on hand to receive a citation from the Board for their championship season. Coach Darren Damiani reviewed their successful year.

Discussion of development agreement revision regarding Woods of Lynnfield

Town Administrator Robert Dolan said that project attorney John “Jay” Kimball and Town Counsel Thomas Mullen are still working to clarify issues and that the matter would be deferred to the next meeting of the Board. to discuss the proposed development agreement regarding this project.

Proposal for flags mounted on utility poles

Veterans Services Officer Bruce Siegel is seeking additional information from utility companies on his proposal to place American flags in locations around the common on utility poles.

Request to amend restrictions on Perley Burrill property

Selectman Barrett recused himself from this portion of the meeting as he owns property abutting the property being discussed.

Attorney Timothy Doyle discussed the proposed amendments to the deed restrictions on the Perley Burrill property. Town Counsel Thomas Mullen has reviewed the proposed amendments. Atty. Doyle said that an abutter approached the owner of the Perley Burrill property, which Atty. Doyle’s client purchased through an auction of land taken by the Town in tax title proceedings, offering to sell abutting land to his client. This acquisition would eliminate the need for a roadway into the two-lot development to access these parcels. He said that he is seeking Board approval to lift the deed restrictions regarding the plan and to allow the purchase of the abutting land and its merger with the existing lot. He said he will then seek a variance from the Board of Appeals from the required 100 feet of frontage on Witham Street to 105 feet, and ask the Planning Board to approve the new subdivision plan. He said the development would remain with two lots and two dwellings, but would dramatically reduce the amount of paved area and improve aesthetics.

In response to a question from Chairman Dalton, Atty. Doyle said that if any of these petitions before Town boards fail, the owner will revert to the previously approved plan.

Selectman Crawford aid he agrees with the format and protections put in place by town counsel, and said this plan still meets the Board’s intent of restricting development of this land to two house lots. He said this revised proposal would make the development more desirable and more pleasing to its neighbors.

MOTION by Selectman Crawford, duly seconded by Chairman Dalton: I move that the Board vote to amend restriction (c) for the sole and exclusive purpose of granting 914 Salem Street LLC the opportunity to acquire title to the property known and numbered as 6 Witham Street, Lynnfield, Massachusetts and to combine said parcel with lot 2 as shown on a plan by Hancock Associates dated April 5, 2018 entitled "Definitive Subdivision Plan 914 Salem Street, Lynnfield, Massachusetts” recorded in Plan Book 467, Page 33 with Essex South District Registry of Deeds with the intent of creating a new lot with frontage on Witham Street.

Motion was passed 2-0 with Selectman Barrett not participating.

MOTION by Selectman Crawford, duly seconded by Chairman Dalton: I move that the Board vote to lift restriction (a) to allow 914 Salem Street LLC to seek approval on a new subdivision plan from the Planning Board in a substantially similar form as set forth in the plan attached hereto as Exhibit C.  Said relief from the Board of Selectmen will be subject to the 914 Salem Street LLC securing a frontage variance from the Zoning Board of Appeals and subdivision approval from the Planning Board, each decision must be:  1. Rendered in favor of the Petitioner (914 Salem Street, LLC); and 2. Recorded with the Essex South District Registry of Deeds upon the expiration of all appeal periods.

Motion was passed 2-0 with Selectman Barrett not participating.

Town Administrator contract

Town Administrator Robert Dolan completed his first year in that position on February 5.  Chairman Dalton proposed to extend his contract term for an additional year, ending February of 2021, and granting him a 2 percent pay increase for the year February 2019-February 2020.

Chairman Dalton said that the charter limits the term of the town administrator to two years. He said the proposed pay increase is in line with those granted to other employees. He said as chair he has worked closely with Mr. Dolan and has found him to be a great communicator, excellent in dealing with Town management team and has won rave reviews for his inclusive style. He is on top of every issue and goes above and beyond his duties. He said he feels strongly that his performance has been exemplary and has surpassed his goals.

Selectman Crawford said that he agreed with the chair’s statement and said Mr. Dolan’s performance has exceeded the Board’s high expectations. Selectman Barrett agreed and aid Mr. Dolan is the best municipal leader in the state.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board vote to approve the Amendment to the Town Administrator’s contract as presented. Vote was unanimous.

Chairman’s update

Chairman Richard Dalton will provide an update on the proposed rezoning article that would allow the building of a theater in the Planned Village Development District. He said that he believes the proposal would benefit the Town through his analysis on the need to sustain the tax revenues from market Street and due to the $1 million in traffic improvements that have been agreed to and support d by the state Department of Transportation. But he said there will be no theater proposal this year, after his ongoing discussions with the town administrator and National Development. He said it is obvious that the proposal does not have a chance of achieving the two-thirds plurality at town meeting necessary to approve the zoning change. He read a letter from National development principal Theodore Tye expressing the desire to not move forward on the theater proposal at this time.

Chairman Dalton also reviewed the process by which the Board’s agenda is developed and reviewed the Code of Conduct and Code of Ethics adopted by the Board. He said that the public and Board members were given an opportunity to comment on the theater proposal, and to the revised development agreement. He said those who commented restricted their comments to comport with the chair’s instructions. He said that he did not allow comm from Police Chief Breen at a recent meeting because the issues he would have addressed wee not germane to the revised development agreement under discussion.

He thanked his colleagues, Mr. Dolan and Asst. Town Administrator Robert Curtin for their work during his year as chairman. He said as a team the Board ahs accomplished much over three years, and has built a fine management team, adding Mr. Dolan, Fire Chief Glenn Davis and Public Works Director John Tomasz, and merged the Planning Board and Conservation Commission staff positions under Emilie Cademartori. He said along with existing department heads, this team is capable of addressing all challenges before the Town. He said budgets will become more difficult as new growth revenue diminishes. He enumerated several capital issues before the Town, as well as development proposals. He said he looks forward to working with his two colleagues on the Board to maintain Lynnfield as a great place to make your home.

Town Administrator update

Town Administrator Robert Dolan provided his regular brief update on goals and ongoing projects, including the work of the Strategic Planning Committee, the School Enrollment and Capacity Exploration Committee, the Complete Streets proposal, and an agreement with national development on irrigation improvements at King Rail golf course.

Use of Facilities requests

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board approve the use of the common for a memorial for Keivan B. Heath on Sunday, May 26, subject to any restrictions and requirements recommended by the Public Works Director and Chief of Police. Vote was unanimous.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board approve the placement of a banner above the common from May 4-18, 2019 as requested by Townscape, Inc. for the annual Geraniumfest. Vote was unanimous.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board approve the use of Town streets by the Lynnfield Athletic Association for the annual road race on July 4, 2019, subject to any restrictions and requirements recommended by the Public Works Director and Chief of Police. Vote was unanimous.

The Board entered recess at 7:45 p.m., to await the results of the town election.

Announcement of election results

The Board reconvened at 8:35 p.m. Town Clerk Trudy Reid announced the election results and swore in the candidates who were elected that are present, including Selectman Dalton, who was unopposed.

MOTION by Selectman Barrett, duly seconded by Selectman Dalton: I move the Board vote to elect Selectman Crawford as chairman. Vote was unanimous.

MOTION by Selectman Crawford, duly seconded by Selectman Dalton: I move the Board vote to elect Selectman Barrett as vice-chairman. Vote was unanimous.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move the Board vote to elect Selectman Dalton as clerk. Vote was unanimous.

MOTION by Selectman Daltont, duly seconded by Selectman Barrett: I move that the Board adjourn. Vote was unanimous. The Board adjourned at 8:44 p.m.