March 18, 2019 minutes

Chairman Dalton called the meeting to order at 7:30 p.m. he announced the meeting is being recorded for cable television and led those assembled in the Pledge of Allegiance.

Joint meeting with Lynnfield Center Water District Board of Commissioners to set compensation for tax collector and Board of Assessors

Pursuant to Section 108B, Chapter 41, of the General Laws of the Commonwealth of Massachusetts, the Board of Selectmen and the Board of Water Commissioners of the Lynnfield Center Water District was called to set the salary to be paid to the Tax Collector and the Board of Assessors for work performed for the District in Fiscal Year 2019. Commissioners Constance Leccese and Robert Almy were in attendance.

Chairman Dalton announced that the Board would enter the joint meeting.

On the motion of Commissioner Leccese, duly seconded by Commissioner Almy, the joint meeting voted unanimously to name Chairman Dalton as chairman of the joint meeting.

On the motion of Commissioner Leccese, duly seconded by Commissioner Almy, the joint meeting unanimously voted to waive the reading of the minutes from the February 22, 2016 joint meeting.

On the motion of Commissioner Leccese, duly seconded by Commissioner Almy, the joint meeting unanimously voted to approve compensation for Fiscal Year 2019 annual compensation for services rendered to the Lynnfield Water District to be set as follows: Tax Collector, $550, and Assessors, $300 each.

On the motion of Commissioner Leccese, duly seconded by Commissioner Almy, the joint meeting unanimously voted to adjourn the meeting sine die. The meeting was adjourned at 7:34 p.m.

Interview for Recycling Advisory Committee

Applicant Brian Moreira appeared before the Board for a brief interview. He discussed his interest in recycling and his work as a product manager for Fidelity.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board appoint Brian Moreira to the Recycling Advisory Committee for terms expiring on June 30, 2020. Vote was unanimous.

Update from Reading Municipal Light General Manager Coleen O’Brien

Ms. O’Brien discussed the RMLD’s annual report, which is available online, information available online on electrical motor vehicle chargers, conservation measures, and rebates. RMLD is using the web and social media to inform residents about outages and repair efforts. The RMLD budget and capital plan are also available online. Land is being purchased for a new substation in Wilmington, which will be built in 2021. An organizational study is underway. The RMLD received a clean audit report with no management letter.

Ms. O’Brien reviewed the RMLD Shred the Peak program which gives customers discounts who participate in efforts to conserve energy during peak demand periods. She said RMLD is looking to place a salary array in Lynnfield. She also discussed economic development revenue generation, the cyclical maintenance program, the LED streetlight program, which was completed in the last fiscal year, and removal of double poles.

Chairman Dalton thanked Ms. O’Brien for the presentation and said RMLD enjoys a great reputation in the community.

Recreational Path Committee update

Chairman Gerard Noumi and his committee gave a presentation of the committee’s recent activities and findings. Mr. Noumi announced the 25 percent Department of Transportation meeting that will be held at the Middle School and said that files related to the subject can be found on the Town’s website.

Mr. Noumi reviewed the proposed recreational path layout, the terminus of which is to be determined, perhaps in the area of Pillings Pond Road and Jordan park. He said the committee is not advocates but is reviewing linear corridors and addressing questions and concerns. He said the public is welcome to give input at meetings. He explained that the completion of the 25 percent design phase will be followed by 100 percent design, final bids, and construction. The cost of construction is estimated at $10.2 million and will be funded through the state Transportation Improvement Program. The cost to Lynnfield will be $200,000 to $300,000 and could be as low as $43,000 if alternative funding is obtained. He discussed the $100,00 Department of Conservation and recreation grant and the lack of known contamination along the path. He reviewed the standard lease from the MBTA, whereby the Town would lease the path for $1 for 99 years. He reviewed the April 9 non-binding ballot referendum on the trail, the location of available parking spaces along the trail at reed Meadow golf course, Town Hall, and the Middle School and High School.

He said abutters’ desire for fencing and screening would be addressed in the 25 percent design proposal, and would be further refined in work with abutters as the 100 percent design is developed. He said that studies have showed that properties abutting rail trails see no change or a slight increase in value after the trial is developed. He said studies show no increase in crime resulting from the development of rail trails. The design will address safety issues such as the Summer Street crossing.

The Recreational path Committee recommends to the Board that the Town move forward to the design phase for final design. It dopes not recommend at this time the full development of the trail.

Chairman Dalton thanked the committee for its countless hours of work, as did his fellow Board members.

Approval of seasonal liquor licenses

Applications for the Town’s two seasonal liquor licenses have been submitted and signed.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board vote to approve the renewal of the seasonal wine and malt licenses for the Reedy Meadow Golf Course, and Sagamore Spring Golf Club. Vote was unanimous.

Closing of annual town meeting warrant

Assistant Town Administrator Robert Curtin gave a brief explanation of the articles included on the annual town meeting warrant.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board vote to recommend passage of articles 1, 2 and 3. Vote was unanimous.

The Board deferred recommendations on articles 4-11 and 16 in the draft warrant.

The Board addressed Article 12 in the draft warrant, which would amend the Town’s zoning bylaws to allow the theater as a permitted use in the Planned Village Development District.

Selectman Crawford reviewed the history of the Market Street project and the benefits the Town received in the donation of the golf course land, the donation of land to the Town and its sale to LIFE, Inc. for the development of an elderly housing complex, revenues from taxation and fees, and the contribution of units toward the Town’s affordable housing quota from the Arborpoint apartments. He said that at the time the development was proposed, a theater was discussed but not included as a permitted use. In 2008, a proposal to add the theater as a permitted use received 237 votes in favor and 143 votes against, not enough to reach the two-thirds plurality necessary for a zoning change. He said this is the only occasion in which voters had the opportunity to vote in favor or against the theater proposal.

Selectman Crawford reviewed the many ways in which the Town has utilized the funds received from market Street, including support for Town schools and services, capital infrastructure maintenance, recreational fields, building of reserves, and establishment of the OPEB trust.

He said that national Development has agreed to fund intersection improvements at Route 95 and Walnut Street and Market Street, including a smart lights system to help with traffic flow. He said he fully recommends including this article on the warrant.

Selectman Barrett agreed that the market Street development has helped the Town in many ways, but he said he thinks the neighbors at Market Street deserve to see what the impact of the new Lahey building will have on parking and traffic before the Town considers this proposal. He said Police Chief Breen has recommended this approach as well. He said as of now, he would vote against this measure, as he feels he cannot yet make a fully informed decision. He urged a cautious approach.

Chairman Dalton said that he is very much in favor of the theater proposal and has given the matter much thought over the past 12 years. He was a member of the Planning Board when the Market Street proposal first was approved and said Market Street has been a major part of the Town’s economy and that the Town must be cognizant of its viability. He said the town administrator, town counsel and he have negotiated changes to the development agreement that would be put in force if the proposal is passed to protect the Town.

He said that proposal includes over $1 million in traffic improvements, which are recommended by the state Department of Transportation. National Development would also contribute $300,000 to the Town to help fund improvements to Jordan Park. He said similar negotiations have taken place with the developers proposing the Woods of Lynnfield and Sagamore projects. Her said after input from residents and discussions with Town officials, the square footage allotment for Market Street would remain unchanged, as the allowed square footage for retail and office uses would be reduced to offset the additional theater footage.

Chairman Dalton said that he is convinced that dramatic changes in the retail environment necessitate measures that will assist market Street in attracting customers and maintaining its tenant mix. He said he lived in the Arborpoint apartments for three years and has seen traffic issues during certain times. He said many issues have been addressed by the Market Street Advisory Committee. He reminded residents of the Town’s defeat of the proposed additional parking lot at the herb Chambers dealership in Route 1, which led to the construction of the far more consequential Lynnfield Common apartment complex.

MOTION by Selectman Crawford, duly seconded by Chairman Dalton: I move that the Board vote to recommend passage of article 12. Vote was 2-1, with Selectman Barrett opposed

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board vote to recommend passage of article 13. Vote was unanimous.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board vote to recommend passage of article 14. Vote was unanimous.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board vote to recommend passage of article 15. Vote was unanimous.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board vote to recommend passage of article 17. Vote was unanimous.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board vote to approve the annual town meeting warrant as presented, and to close the annual town meeting warrant. Vote was unanimous.

THE COMMONWEALTH OF MASSACHUSETTS

Essex, ss.

To the Constable of the Town of Lynnfield in the County of Essex, GREETINGS:

In the name of the Commonwealth of Massachusetts, you are hereby directed to notify and warn the inhabitants of said Town, qualified to vote in elections and in Town affairs, to meet in their respective polling places in said Lynnfield, on Tuesday, April 10, 2018 at 7:00 a.m., then and there to bring in their votes on one ballot for the choice of all necessary Town Officers for the ensuing year, chosen in this manner, viz.: one Board of Selectmen member for three years; one Town Moderator for one year; one Board of Assessor member for three years; two Board of Library Trustees members for three years; two School Committee members for three years; one Planning Board member for five years; and one Planning Board member for one year to fill an unexpired five-year term, and one ballot question, to wit: Are you in favor of the Town of Lynnfield continuing to pursue efforts to develop a recreational path along the unused MBTA right- of-way, known as the Wakefield-Lynnfield rail trail project? This question is not binding, per G.L. c. 54, s. 42B.

The Polls in each precinct will open at 7:00 a.m., and will be closed at 8:00 p.m., on said April 9, 2019. The polling places for voters in Precincts 1, 2, 3 and 4 will be at Lynnfield High School, Essex Street, all in said Lynnfield.

And you are further directed to notify and warn the inhabitants of the Town of Lynnfield qualified to vote in elections and Town affairs, to meet in the Middle School Auditorium, Cafeteria, and the Gymnasium, if necessary, on Monday, April 29, 2019 at 7:00 p.m., then and there to act on the following articles:

ARTICLE 1. To act on reports of Town officers and special committees as published.

ARTICLE 2. To choose all Town officers not required to be chosen by ballot: viz.; three field drivers, one pound keeper and three wood measurers.

ARTICLE 3. To see if the Town will vote to FIX THE COMPENSATION of each of the Elective Officers of the Town as required by General Laws, Chapter 41, Section 108, as amended.

ARTICLE 4. To see if the Town will vote to raise and appropriate or transfer from available funds, sums of money to supplement certain accounts in the current 2019 Fiscal Year where balances are below projected expenditures for various reasons; or to take any other action in connection therewith.

ARTICLE 5. To see if the Town will vote to raise and appropriate or appropriate by transfer from available funds, sums of money to pay overdue bills of a prior fiscal year, or to take any other action in connection therewith.

ARTICLE 6. To see if the Town will vote to raise and appropriate, or appropriate by transfer from available funds, or otherwise, a sum of money for the necessary Town charges and expenses; or to take any other action in connection therewith.

ARTICLE 7. To see if the Town will vote to raise and appropriate, or appropriate by transfer from available funds, or from any or all such sources, sums of money for the purchase of various equipment and items in the nature of capital expenditure and to give authority to credit the value of the various old equipment to be turned in toward the purchase price of said items, said sums of money to be expended under the direction of various Town boards, committees, or officers; or to take any other action in connection therewith.

ARTICLE 8. To see if the Town will vote to raise and appropriate and/or appropriate by transfer from available funds a sum of money for the town’s Stabilization Fund, or to take any other action in connection therewith.

ARTICLE 9. To see if the Town will vote to raise and appropriate and/or appropriate by transfer from available funds a sum of money for the town’s Capital Facilities Fund, or to take any other action in connection therewith.

ARTICLE 10. To see if the Town will vote to establish, with respect to each of the following revolving funds, the following limits on the total amount that may be expended from each such fund in Fiscal Year 2020:

or to take any other action in connection therewith.

ARTICLE 11. To see if the Town will vote to appropriate a sum of money from Emergency Medical Service Enterprise receipts to pay expenses and contractual services required to operate the emergency medical service in the Town of Lynnfield, said Enterprise Fund to be credited with all fees and charges received during Fiscal Year 2019 from persons using said service; or to take any other action in connection therewith.

ARTICLE 12. To see if the Town will vote to appropriate a sum of money from Golf Enterprise receipts and/or Golf Enterprise Retained Earnings to pay expenses and contractual services required to operate the Reedy Meadow Golf Course and King Rail Golf Course, said Enterprise Fund to be credited with all fees and charges received during Fiscal Year 2019 from persons using the golf courses; or to take any other action in connection therewith.

ARTICLE 13.              ZONING AMENDMENT TO ALLOW A PVDD THEATER USE SOLELY IN A CERTAIN PORTION OF THE TRADITIONAL NEIGHBORHOOD VILLAGE SUB-DISTRICT WITHIN THE PLANNED VILLAGE DEVELOPMENT DISTRICT

To see if the Town will vote to amend the Town of Lynnfield Zoning Bylaws in the following respects:

1. By amending Section 9.5.4 (Definitions) as follows:

By amending the definition of “Recreational Use” by inserting after the words “but not including a cinema” the words “other than a PVDD Theater”, so that said definition, as so amended, would read:

“Recreational Use - The principal use or intended principal use of land or structures for relaxation, entertainment, amusement, sports,

or the like, whether on a fee or non-fee basis, but not including a cinema other than a PVDD Theater.”

By inserting at the end of said Section a new definition entitled: “PVDD Theater” as follows:

“PVDD Theater - A theater designed and constructed for the intended purpose of showing films or video for a fee, including providing a venue for occasional lectures or similar community events, whether or not for a fee, and which satisfies each of the following criteria:

1. no more than eight hundred (800) theater seats;

1. no more than eight (8) screens;

1. no more than 40,000 square feet of Gross Leasable Floor Area;

1. shall include premium seating and state of the art projection and sound and shall also include enhanced restaurant-style food and beverage service; and

1. the location is limited to that portion of the Traditional Neighborhood Village Sub-District labeled “PVDD Theater (Permissible Area)” as shown on the accompanying plan entitled “Warrant Article Exhibit Plan” dated December 11, 2018.

1. By amending Section 9.5.6 (Prohibited Uses or Activities in the PVDD) as follows:

In No. 14, by adding the words “except that a PVDD Theater shall be an allowed use only in the portion of the Traditional Neighborhood Village Sub-District shown on the plan referenced in Section 9.5.4” after the word “Cinema,” so that Subsection 14, as so amended, would read:

“Cinema, except that a PVDD Theater shall be an allowed use only in the portion of the Traditional Neighborhood Village Sub-District shown on the plan referenced in Section 9.5.4.”

1. By amending Section 9.5.7.4(b) (Height in Traditional Neighborhood Village Sub-District) by adding the following sentence at the end:

“The maximum height of a PVDD Theater, excluding such an unoccupied architectural feature, shall be one (1) story and forty-five (45) feet.”

So that Section 9.5.7.4(b), as so amended, would read as follows:

“(b)      In the Traditional Neighborhood Village Sub- District, the maximum height of a one story building shall be thirty (30) feet, the maximum height of a two story building shall be forty-five (45) feet, provided further that an architectural feature of a building located at a corner or at the end of a streetscape may be permitted up to sixty (60) feet in height at locations designated in the Design Standards provided that the portion of the architectural feature above forty-five (45) feet is not occupied. The maximum height of a PVDD Theater, excluding such an unoccupied architectural feature, shall be one (1) story and forty-five (45) feet.”

1. By amending Table 9.5.8-1 (Parking) to add the following new line item after the “Residential Use” line item:

1. By amending Section 9.5.7.9 (Dimensional and Other Requirements) (Total allowable non-residential uses) by adding the following language:

In the first sentence thereof:

By adding the words “and PVDD Theater” after the word “recreational” and before the word “uses”;

By adding the words “and PVDD Theater” after the word “retail” and before the word “portions”;

By adding the words “and PVDD Theater” after the word “retail” and before the word “spaces”; and

By deleting the figure “50,000” and substituting the words and figure “not less than 29,000.”

In the second sentence thereof:

By deleting the figure “50,000” and substituting the figure “29,000”; So that Section 9.5.7.9, as so amended, would read as follows:

“9.  Total  allowable  non-residential  uses.   The  total  non-residential uses within the PVDD, including retail, restaurant, office, recreational and PVDD Theater uses, but excluding the 55,000 square feet of Gross

Leasable Floor Area of the fitness facility in existence on the date of adoption of this Section 9.5, shall not exceed a total of 475,000 square feet of Gross Leasable Floor Area; provided, however, that this total shall include not less than 29,000 square feet of Gross Leasable Floor Area that is located solely on the second floor of a building; and provided further that, for retail and PVDD Theater portions of a Development Project, the difference between Gross Leasable Floor Area and the Gross Floor Area of all retail and PVDD Theater spaces shall not exceed five percent (5%). Nothing in this section shall limit the right of the Applicant to propose that greater than 29,000 square feet of Gross Leasable Floor Area be located  on the second floor of a building, subject to compliance with the Dimensional Standards in this Section 9.5.7.”

1. By amending Section 9.5.7.11. Structured parking, by adding the following sentence at the end of Section 9.5.7.11(a):

“A parking structure with not less than 300 parking spaces to serve the needs of a PVDD Theater in the Traditional Neighborhood Village Sub- District shall be located only in that portion of said Sub-District in the location labeled “Parking Structure (Permissible Area)” on the plan referenced in Section 9.5.4.”

or to take any other action in connection therewith.

ARTICLE 14. To see if the Town will vote to adopt the provisions of Massachusetts General Laws Chapter 90, Section 17C: “Establishment of 25-miles-per-hour speed limit in thickly settled or business district in city or town; violation”; or to take any other action in connection therewith.

ARTICLE 15. To see if the Town will vote to authorize the Board of Selectmen to file with the General Court a petition for special legislation to remove the position of sealer of weights and measures from the provisions of the Civil Service Law, substantially as follows:

“Section 1. The position of sealer of weights and measures within the Town of Lynnfield shall be exempt from the civil service law, chapter 31 of the General Laws.

“Section 2. The provisions of section 1 shall not impair the civil service status of any present incumbent sealer or weights and measures holding such status on the effective date of this act.

“Section 3. This act shall take effect upon its passage.”

provided that the General Court may make clerical or editorial changes of form only to the bill, unless the Selectmen approve amendments to the bill before enactment by the General Court, the Selectmen being hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition, or to take any other action in connection therewith.

ARTICLE 16. To see if the Town will vote to accept the provisions of M.G.L. Chapter 40, Section 22F, which allows local boards and officers to set fees for licenses, permits, certificates or services, or to take any other action in connection therewith.

ARTICLE 17. To see if the Town will vote to amend the Town of Lynnfield Zoning Bylaws in the following respects:

By amending Appendix A, the Table of Use Regulations, to require a special permit from the Planning Board for any Housing for the Elderly use and to allow single family residential use as of right in the Elderly Housing District by revising the column under Elderly Housing (1st and 5th Residential entries) to read as follows:

Residential                   Business            Industrial Municipal RA  RB  RC RD EH     LB  GB  C OP                                                            LI  M              

A1 One-family detached house, with not more than one such house located on any lot provided that no such property shall be leased or rented for a period of thirty (30) days or less unless specifically

authorized by the Board of Appeals        Y    Y     Y     Y   Y         Y   N  N  N           N              N A5 Housing for the Elderly  N   N                                                                           N     N  PB       N   N  N  N          N              N

or to take any other action in connection therewith.

ARTICLE 18. To see if the Town will vote to amend the existing “Zoning Map of the Town of Lynnfield, MA Dec. 1953” together with all duly adopted amendments and revisions thereto, as filed in the Office of the Town Clerk, so that the following described parcel located at and behind 1414 Main Street, Lynnfield, Essex County, Massachusetts, being shown on Assessor’s Map 8 as Lots 1325, 1488 and 2113, to be rezoned from the Residence D (RD) Zoning District to the Elderly Housing (EH) District.

A certain tract of land on the north side of Main Street in Lynnfield, Massachusetts, Essex County shown as Lot A on a plan entitled, “Rezoning Plan, located in Lynnfield, Mass., prepared for The Suzanne S. Winn 2010 Revocable Trust & Richardson Green, Inc. dated January 28, 2019, prepared by The Morin-Cameron Group, Inc.”, Danvers, Massachusetts.