March 20, 2017 minutes

Chairman Crawford called the meeting to order at 7:30 p.m. Chairman Crawford announced that the meeting was being recorded for transmission by cable television.

Review of annual town meeting warrant articles

Town Administrator James Boudreau reviewed the proposed warrant articles for the annual town meeting.

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

                                                Submitted by BOARD OF SELECTMEN

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.

                                                Submitted by BOARD OF SELECTMEN

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.                                    

                                                Submitted by BOARD OF SELECTMEN

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 2017 Fiscal Year where balances are below projected expenditures for various reasons; or to take any other action in connection therewith.

                                                Submitted by BOARD OF SELECTMEN

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.

                                                Submitted by BOARD OF SELECTMEN

ARTICLE 6. To see if the Town will vote to accept M.G.L. Chapter 44, Section 53F ¾, to establish a special revenue fund known as the PEG Access and Cable Related Fund to receive cable franchise fees and other cable-related revenues for appropriation to support PEG access services, oversight, and renewal of the cable franchise agreement, the fund to begin operation for fiscal year 2018, which begins on July 1, 2017, or to take any other action in connection therewith.

                                                Submitted by BOARD OF SELECTMEN

ARTICLE 7. 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.

                                                Submitted by BOARD OF SELECTMEN

ARTICLE 8. To see if the Town will vote to raise and appropriate, or appropriate by transfer from available funds or by borrowing, 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.

                                                Submitted by BOARD OF SELECTMEN

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 Stabilization Fund, or to take any other action in connection therewith.

                                                Submitted by BOARD OF SELECTMEN

ARTICLE 10. 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.

                                                Submitted by BOARD OF SELECTMEN

ARTICLE 11. To see if the Town will vote to re-establish the following Revolving Funds as provided for in Massachusetts General Laws, Chapter 44, Section 53E1/2; or to take any other action in connection therewith.

                                                Submitted by BOARD OF SELECTMEN

ARTICLE 12. 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 2018 from persons using said service; or to take any other action in connection therewith.

                                                Submitted by BOARD OF SELECTMEN

ARTICLE 13. 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 2018 from persons using the golf courses; or to take any other action in connection therewith.

                                                Submitted by BOARD OF SELECTMEN

ARTICLE 14. To see if the Town will vote, pursuant to General Laws Chapter 39, Section 15,  to amend the General Bylaws by adding the following:

“Article IV – Two-Thirds Votes

“§ 45-5.  If at any town meeting a two-thirds vote is required by statute, the moderator may declare the result on the basis of a voice vote without a count, unless the moderator's declaration is challenged by seven (7) or more voters before the meeting has proceeded to the next article.”;

or to take any other action in connection therewith.

                                                Submitted by BOARD OF SELECTMEN

ARTICLE 15.  To see if the Town will vote to raise and appropriate, or appropriate by transfer from available funds or by borrowing, or from any or all such sources, a sum of money for the design, construction, furnishing and equipping of a clubhouse at the King Rail Reserve Golf Course and site work at that location, or to take any other action in connection therewith.

                                                Submitted by BOARD OF SELECTMEN

ARTICLE 16. To see if the Town will vote to supplement each prior vote of the Town that authorizes the borrowing of money to pay costs of capital projects to provide that, in accordance with Chapter 44, Section 20 of the General Laws, the premium received by the Town upon the sale of any bonds or notes thereunder, less any such premium applied to the payment of the costs of issuance of such bond or notes, may be applied to pay project costs and the amount authorized to be borrowed for each such project shall be reduced by the amount of any such premium so applied or to take any other action in connection therewith.

                                                Submitted by BOARD OF SELECTMEN

ARTICLE 17. To see if the Town will vote to re-codify the Zoning Bylaw by taking the following steps:

1.  Delete, in their entirety, the following provisions of the existing Zoning By-law, sections 1 – 15, but NOT the Zoning Map:

2.  Substitute all the provisions in the document entitled   “Re-codified  Zoning

 Bylaw” as recommend by the Planning Board;

or to take any other action in connection therewith.

                                                Submitted by PLANNING BOARD

ARTICLE 18. To see if the Town will vote to amend the re-codified Zoning Bylaw by amending the section entitled “Commencement of Construction or Operation” by Changing the words “SIX MONTHS” to “TWELVE MONTHS”;

or to take any other action in connection therewith.

                                                Submitted by PLANNING BOARD

ARTICLE 19. To see if the Town will vote to amend the re-codified Zoning Bylaw by amending the section regarding the “Lapse” of “Special Permits”  by changing the words “TWENTY FOUR MONTHS” to “THIRTY SIX MONTHS”;

or to take any other action in connection therewith.

                                                Submitted by PLANNING BOARD

ARTICLE 20. To see if the Town will vote to amend the Zoning Bylaws by adding as Section 7.7 the following:

“7.7                 Marijuana Establishments Forbidden

“The operation of any marijuana establishment, as defined in G.L. c. 94G, § 1, including, without limitation, a marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business, is prohibited in all zoning districts of the Town.  This prohibition shall not apply to the sale, distribution or cultivation of marijuana for medical purposes licensed under Chapter 369 of the Acts of 2012.”;

or to take any other action in connection therewith.

                                    Submitted by BOARD OF SELECTMEN

ARTICLE 21. To see if the Town will vote to amend the General Bylaws by adding as Chapter 170, Section 170-1, the following:

“170-1.            Marijuana Establishments Forbidden

“The operation of any marijuana establishment, as defined in G.L. c. 94G, § 1, including, without limitation, a marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business, within the Town is prohibited.  This prohibition shall not apply to the sale, distribution or cultivation of marijuana for medical purposes licensed under Chapter 369 of the Acts of 2012.”;

or to take any other action in connection therewith.

                                                Submitted by BOARD OF SELECTMEN

ARTICLE 22. To see if the Town will vote to amend the Zoning Bylaws by adding the following:

“7.7                 Temporary Moratorium on Marijuana Establishments

“7.7.1.             Purpose

“At the Massachusetts election held on November 8, 2016, the voters of the Commonwealth approved a new law which, among other things, established G.L. c. 94G, entitled ‘Regulation of the Use and Distribution of Marijuana Not Medically Prescribed.’  That statute permits ‘marijuana establishments’ to be licensed by a new Cannabis Control Commission (the ‘Commission’) throughout Massachusetts for the cultivation, testing, manufacture and sale of marijuana products.  The Commission was initially to promulgate regulations concerning marijuana establishments by September 15, 2017, which date has been extended to March 15, 2018 by Chapter 351 of the Acts of 2016.  The regulation of recreational marijuana raises many complex questions concerning law, planning and public safety.  The Town cannot adequately address those questions until the Commission issues its regulations.  The purpose of this temporary moratorium is to provide the Town time for study, reflection and decision concerning the said regulations and the challenges posed by recreational marijuana. 

“7.7.2.             Temporary Moratorium

“For the reasons set forth above and notwithstanding any other provision of the Zoning Bylaws to the contrary, the Town hereby adopts a temporary moratorium on the use of land or structures for a ‘marijuana establishment’ as defined in G.L. c. 94G, § 1.  This moratorium shall not apply to the sale, distribution or cultivation of marijuana for medical purposes licensed under Chapter 369 of the Acts of 2012. The moratorium shall be in effect through June 30, 2018.  During the moratorium period, the Town shall undertake a planning process to address the potential impacts of recreational marijuana on the Town, consider the regulations to be issued by the Commission, determine whether the Town should ban any or all types of marijuana establishments within the Town, decide whether to prohibit on-site consumption of marijuana products at marijuana establishments, and otherwise weigh its options in addressing the issues raised by recreational marijuana.

“7.7.3.             Severability

“The provisions of this Section are severable.  If any provision, paragraph, sub-section, sentence or clause hereof, or the application thereof to any person, establishment or circumstance, shall be held invalid or illegal, such invalidity or illegality shall not affect the other provisions hereof, or the application hereof to other persons, establishments or circumstances.”;

or to take any other action in connection therewith.

Submitted by BOARD OF SELECTMEN

ARTICLE 23. 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 Town Center 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 Town Center Theater.”

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

“Town Center Theater - A theater designed and constructed for the primary purpose of showing films or video which satisfies each of the following criteria: 

(a)        no more than eight hundred (800) theater seats;

(b)        no more than eight (8) screens;

(c)        no more than 39,000 square feet of Gross Leasable Floor Area;

(d)       shall include premium seating and state of the art projection and sound and may also include enhanced food and beverage service; and

(e)        the location is limited to that portion of the Traditional Neighborhood Village Sub-District labeled “Proposed Location of Town Center Theater” as shown on the accompanying plan entitled “MarketStreet Lynnfield” dated March 13, 2017, prepared for Market Street Retail South LLC.”

2.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 Town Center 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 Town Center 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.”

3.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 Town Center Theater shall be one (1) story and forty (40) 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 Town Center Theater shall be one (1) story and forty (40) feet.”

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

5.         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 Town Center Theater” after the word “recreational” and before the word “uses”;

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

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

By deleting the figure “50,000” and substituting the words and figure “at least 25,000.”

In the second sentence thereof:

By deleting the figure “50,000” and substituting the figure “25,000”;

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 Town Center 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 at least 25,000 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 Town Center Theater portions of a Development Project, the difference between Gross Leasable Floor Area and the Gross Floor Area of all retail and Town Center Theater spaces shall not exceed five percent (5%).  Nothing in this section shall limit the right of the Applicant to propose that greater than 25,000 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.”

Submitted by PETITION

ARTICLE 24. To determine if the Town will vote to authorize the Board of Selectmen, in the name and behalf of the Town, to execute a lease of up to 99 years with the Massachusetts Bay Transportation Authority (the “MBTA”) for all or any portion of the land, premises, easements, rights-of-way and other rights in Lynnfield comprising the former Newburyport Branch railroad right-of-way acquired by the MBTA by Order of Taking dated February 16, 1977, and recorded in the Essex South District Registry of Deeds at Book 6333, Page 298, and by Supplementary Order of the District Court of the United States for the District of Massachusetts Regarding First Step of The Trustees’ Plan of Reorganization dated November 30, 1976,  and recorded with said Deeds at Book 6311, Page 392, and by Indenture dated December 24, 1976  and recorded with said Deeds at Book 6311, Page 396, and by Mortgage Deed dated December 24, 1976  and recorded with said Deeds at Book 6311, Page 506, for the purposes of establishing, constructing, operating and maintaining a multi-use Rail Trail, with related facilities and improvements, for non-motorized transportation, open space and recreation purposes including walking, running, road and mountain bicycling, wheelchairs, accessible cycling equipment, inline skating, scooters, tricycles, rolling backpacks, strollers, cross-country skiing, snow-shoeing, and other forms of active and passive recreation, and for all other purposes for which rail trails are now or hereafter may be used in the Commonwealth, or to take any other action in connection therewith.

                                                Submitted by PETITION

ARTICLE 25. To see if the Town will vote to raise and appropriate, or appropriate by transfer from available funds or by borrowing, or from any or all such sources, a sum of money for engineering, design, construction, site work and other improvements to Town athletic facilities, or to take any other action in connection herewith.

                                                Submitted by BOARD OF SELECTMEN

ARTICLE 26.  To see if the Town will vote to raise and appropriate, or appropriate by transfer from available funds or by borrowing, or from any or all such sources, a sum of money for improvements to Jordan Park, or to take any other action in connection herewith.

                                                Submitted by BOARD OF SELECTMEN

ARTICLE 27. To see if the Town will vote to raise and appropriate, or appropriate by transfer from available funds or by borrowing, or from any or all such sources, a sum of money for engineering, design, construction, site work and other improvements to Middle School fields, track and athletic facilities, or to take any other action in connection herewith.

                                                Submitted by BOARD OF SELECTMEN

ARTICLE 28. To see if the Town will vote to amend the General Bylaws by deleting Section 115-3.C, and replacing it with the following:

“§ 115-3.C.     No person shall permit a dog or other domesticated animal owned or kept by such person, his or her agent or servant on any artificial turf field or any other athletic playing surface within the Town.”

or to take any other action in connection therewith.

                                                Submitted by BOARD OF SELECTMEN

ARTICLE 29. To see if the Town will vote to adopt the following resolution and raise and appropriate or transfer from other available funds the sum of $500 for the completion of this resolution.

Whereas, this is the 25^th anniversary of the line of duty death of Lynnfield Firefighter Alan C. Melanson, who is the only line of duty death ever suffered by the Town’s Fire Department; Be it resolved in memory of his sacrifice that the grateful citizens of Lynnfield hereby dedicate the Lynnfield Middle School in his name to hereinafter be forever known as the Alan C. Melanson Middle School.

Or what action it may take thereon.

Mr. Boudreau said that Field Committee Chairman Arthur Bourque would attend the April 4 meeting to discuss the articles related to the field issues and said the Board could vote its article recommendations on April 10.

Discussion of zoning change request at Market Street

Chairman Crawford said that Theodore Tye of National Development, the owner of the Market Street development, presented a petition article today proposing a change to the Town’s Planned Village Development District (PVDD) section of the zoning bylaws. He said he would ask that Mr. Tye attend the April 4 meeting of the Board.

Mr. Tye said that the article would add as an allowed use in the PVDD a theater. Mr. Tye said that that in today’s market, retail operations are aided when potential shippers are drawn to a site by experiences such as restaurants, films, and activities. Traditional malls are struggling as a result. He has maintained that a theater would be crucial to the success of the Market Street development for ten years. He said this proposal asks for no net increase to the commercial square footage in the development, which is capped at 475,000. The proposal is for a one-story theater with up to eight screens and no more than 800 seats, to be located near the Gaslight restaurant. When the Town voted to approve the development in 2007, the theater was an excluded use. Market Street asked that it be allowed in 2009, and failed by 17 votes to achieve the two-thirds plurality required to amend the zoning bylaws.

Mr. Tye said that in the ensuing years, many of the fears voices about the development have not been realized. Traffic is manageable and the tax revenue is higher than anticipated.

The proposed theater would have 100 seats at each screen, and pricing would be similar to other boutique theaters. Peak-hour traffic would not be affected. A two-level above-ground parking structure is also being planned, and is being reviewed by the Planning Board. It would located near California Pizza Kitchen. He said he wants to get feedback and answer questions. He said a website about the theater proposal will be launched, and open houses will be held.

Selectman Barrett said the petition for the warrant article was submitted  on the last day possible, and asked why the proponents waited so long. Mr., Tye said that details such as the lease with the proposed operator, CMX, were still incomplete until recently. Selectman Barrett said the proponents have a lot of work to do to convince the community.

Chairman Crawford said this matter will be discussed fully at the April 3 and April 10 meetings. The Planning Board is also required to hold a public hearing on the matter.

Review of other zoning articles

Town Counsel Thomas Mullen said that his understanding of the proposed zoning bylaw recodification indicated this effort is aimed at not changing the bylaw, but making minor stylistic changes, organizing it in a more accessible manner, and making sure the local bylaw complies with state law. He said his review has raised concerns that there some substantive changes that might be made. Chairman Crawford suggested asking the Planning Board to attend the April 10 meeting to discuss these matters. Mr. Mullen said it is crucial to make clear to voters what is being changed.

Resident Patricia Campbell asked if the charter requires that zoning issues be addressed at fall town meeting. Mr. Mullen said that it expresses a preference but it is not binding.

On the motion of Selectman Barrett, duly seconded by Chairman Crawford, the Board voted 2-0 (Mr. Dalton absent) to refer Articles 17, 18, 19, 20, 21, 22 and 23 to the Planning Board.

On the motion of Selectman Barrett, duly seconded by Chairman Crawford, the Board voted 2-0 (Mr. Dalton absent) to close the annual town meeting warrant.

Mrs. Campbell asked if the article regarding voice votes at town meeting requires a public hearing. Mr. Mullen said proposals to revise the general bylaws do not. Mrs. Campbell expressed concerns about that article, and warned that one proposed article could allow the selectmen to sign a lease for the proposed rail trail. Resident Jill Giugliano also expressed opposition to the article empowering the Board to enter into a lease agreement with the MBTA for the proposed rail trail. She said there are too many questions about the proposed rail trail and that more time is needed to study several issues relating to the rail trail. She suggested putting the matter to a vote at the ballot.

Another resident spoke in favor of the health and safety benefits of the rail trail, including promoting exercise and keeping bicyclists away from motorized traffic./ He said a nonprofit group is forming that could help maintain the rail trail. He said there are ways to address abutter concerns..

Resident Wallace McKenzie asked the Board to remember that when the Town approved the zoning changes required for the development of Market Street, National Development stipulated that no theater would be allowed. He noted voters at town meeting 2009 rejected a proposed change to allow theaters in the PVDD. National Development returned with the same proposal in 2013 only to withdraw it after public opposition. He said that the Town and National Development should honor the original agreement and that certain requirements in the design standards are not being enforced at the development.

Resident David Basile said that the theater proposal comes on the heels of a newly proposed medical building at Market Street, and said its location indicated that National Development was already looking at placing a theater on the proposed site well before this article was submitted. He asked that the proposal be postponed until the fall town meeting in order to properly study it and made the same request about the proposed zoning recodification. He said that there have been concerns raised about ambulance trips at the proposed medical building. He said the Town should have an opportunity to study the many impacts these proposals may have.

Resident Jill Jorgenson said a majority of people will be riding their bicycles on streets to reach the rail trail, and that traffic from out-of-towners seeking to use the trail will make the streets more dangerous.

Facilities use

Sanjay Kudrimoti of the Lynnfield Indian Association came before the Board to request the use of Glen Meadow Park on April 2 from noon to 5:00 p.m. for a non-denominational Festival of Colors celebration. He explained that about 50-75 people would attend this event, which is reflects traditional Indian culture, and that organic colors used that would wash off in the rain would be used in the grassy areas. The venue was changed from Jordan Park due to a conflict with a planned clean-up effort there.

Chairman Crawford expressed some concern about damage to the grass due to recent work at that park.

On the motion of Selectman Barrett, duly seconded by Chairman Crawford, the Board voted 2-0 (Mr. Dalton absent) to allow the use of Glen Meadow Park on April 2, 2017 from noon to 5:00 p.m. by the Lynnfield Indian Association for the Festival of Colors event.

On the motion of Selectman Barrett, duly seconded by Chairman Crawford, the Board voted 2-0 (Mr. Dalton absent) to approve the use of the common on the following dates by the Lynnfield Rotary for its Summer Concert Series: July 5, 6, 12, 13, 19, 20, 26, 27.

On the motion of Selectman Barrett, duly seconded by Chairman Crawford, the Board voted 2-0 (Mr. Dalton absent) to adjourn at 8:35 p.m.