May 22, 2017 minutes

Chairman Barrett called the meeting to order at 7:01 p.m. and announced that the meeting was being recorded for transmission by cable television. He led those assembled in the Pledge of Allegiance.

Naming of Town Hall hearing room

Chairman Barrett said that he is proposing that the hearing room in Town Hall be named for H. Joseph Maney, one of the Town’s most respected citizens. He outlined Mr. Maney’s approximately half-century of continual service to the Town as a selectmen, moderator, Town Administrator and member of the LIFE Board of Directors. He said Mr. Maney was instrumental in recruiting him to volunteer for the Town, originally as a member of the Personnel Board. He noted Mr. Maney has been involved in local youth sports and other activities and exemplifies service to the Town.

Selectman Dalton praised the idea and said Mr. Maney defines public service at its best. He said he considers him “Mr. Lynnfield.” Selectman Crawford said there is no resident of Town who has had a larger impact on Lynnfield and that he cannot think of anyone so deserving.

Under the new policy for the naming of Town facilities, a public hearing is required.

On the motion of Selectman Dalton, duly seconded by Selectman Crawford, the Board voted to set a public hearing for the proposed naming of the Town Hall hearing room for H. Joseph Maney at 7:15 p.m. on June 12, 2017.

Fiscal Year 2018 roadway paving and sidewalk repairs

Town Engineer Charles Richter outlined the planned program of road and sidewalk work for Fiscal Year 2018. He said the list is based on the survey of the conditions of roads completed by BETA Engineering in 2015, and funding available for these projects.

The projects are Lowell Street from North Reading to Chestnut; Chestnut Street from Main to Hart; Grey Lane from Chatham to Yorkshire; Goldenrod Lane; Kimberly Terrace; Essex Street from Pillings Pond Road to Yorkshire; Longbow Circle; Abbey Lane. The cost estimate for all projects is $997,000.

Mr. Richter said that the choices were based on the BETA survey score, maintenance issues and the correctability of the street. Roadways that are under preliminary consideration for next year are Phillips, Glen, Kings, Shady Nook, Crescent, Crest, Prospect, Highland, Pleasant, Lowell (from Chestnut to North Hill), and Lowell (from Goldenrod to Old Wood). Sidewalk work is included when needed, although it may be repair instead of repaving. Root obstructions and tripping hazards are removed.

Public Works Director John Tomasz said the BETA study was comprehensive, and that the scheduling of utility work on the roads is considered when choosing streets for paving as well. Other factors considered include how well traveled the roadway is. He said the department is also looking a implementing a similar rating system for sidewalks. He said that $16 million of street work was identified by BETA. The Town uses local funds as well as state Chapter 90 highway improvement funds for the work. He said $1 million per year is a manageable amount, and that more work may be difficult to handle due to contractor availability.

Request for plowing service and improvements to unaccepted roadways

Residents of Edgemere Road, Willow Road and Oakridge Terrace have petitioned the Board for funding of roadway improvements. Town Administrator James Boudreau said that the Town is precluded by state statute from paying for upkeep on private ways. He said one option would be for the Town to accept the betterment statute at a town meeting, and then doing the work on the streets and charging the owners of the street an assessment on their taxes.

Mr. Tomasz said that temporary repairs can be made due to safety issues. He said the Town does plow some private roads that were built prior to the subdivision control act. The access road to the Pyburn Mews development is used by plows to turn around but the blade is picked up. He said the Town could be liable for any damage made when plowing private property.

Mr. Boudreau said that the Pyburn development was built under the comprehensive permit under Massachusetts General Laws Chapter 40B for affordable housing. He said the permit specifies that the owners are responsible for plowing and roadway maintenance. He said any consideration for plowing this roadway, which the plows are already using, would require an indemnification agreement between the condominium association and the Town. He warned that plowing this drive may set a precedent where other private developments would seek similar services.

Chairman Barrett asked if the plows are using any other private drives to turn around. Mr. Tomasz and Mr. Richter said they were not aware of any such use.

The Board decided to hold over this item to allow the town administrator to discuss the matter with the owners and town counsel.

Relocation of public works facility

Chairman Barrett said that there has been discussion over the years about the Town relocating its public works facility from the Town Hall yard to the state property at Camp Curtis Guild, which also borders Reading and Wakefield. Those communities are also looking into use of that site. Mr. Tomasz said he has never been to the site and said the merging of public works functions by the three communities could also be considered, although deciding which town would use what equipment during emergencies may be an issue. Board members and Mr. Boudreau said the only matter under consideration is using the same facility, not a merging of departments.

Selectman Dalton said Lynnfield should be involved in the conversation with state officials about possible use of the Camp Curtis Guild site. He said that Reading is looking to move its public works facility to open the area for commercial development. He said this is still in a preliminary phase with many hurdles. He has asked that Lynnfield be included in future discussions with the National Guard regarding this matter. Chairman Barrett said that an entrance to the site that would not disturb neighbors would be needed. Selectman Crawford said this site came up during discussions of finding a site for recreational facilities, and the federal approval would be required for even a temporary storage facility.

Improvements to Town website and social media presence

Chairman Barrett said that this is among the Board’s goals. Mr. Boudreau said the Town Facebook page is up now. The Town’s current website is busy and to intuitive to use. He met last week with the vendor, Virtual Town Hall to discuss creating a more user-friendly interface. Mr. Boudreau reviewed the formats of various other community websites. He said that he has formed a committee including Town Clerk Trudy Reid, Information Systems Manager Vincent Ruocco and Assistant to Administration Robert Curtin to work with Virtual Town Hall on an updated and improved website. Chairman Barrett thanked him for moving forward on this matter.

Proposed Peabody zoning ordinance regarding siting of medical marijuana facilities

Chairman Barrett noted that the Peabody City Council and Planning Board are holding a joint public hearing on May 25 on a proposed change to the Peabody zoning ordinance to allow medical marijuana facilities in a location off Route 1 North which can be accessed through Green Street, a Lynnfield residential street. Mr. Boudreau noted that the area does not abut any Peabody residential neighborhoods. Mr. Boudreau has drafted a letter to send on the Town’s behalf objecting to this measure. Town Counsel Thomas Mullen has been asked to review the matter as well.

Selectman Dalton said he is in full support of the letter of opposition. Selectman Crawford said he spoke to a medical marijuana provider who has sought to see if the Town would be open to siting such a facility in Lynnfield. Selectman Crawford said he told the person he had no desire to bring this matter forward. Mr. Boudreau said State Rep. Bradley H. Jones Jr. sent a strong letter in support of the Town’s position.

Green Street resident Danielle Berdahn said this affects the neighborhood and presented a petition from residents who plan to attend the Peabody hearing. She said she does not think this burden should fall on Lynnfield.

On the motion of Selectman Crawford, duly seconded by Selectman Dalton, the Board voted unanimously to approve the letter of opposition to the proposed change in the zoning ordinance in Peabody to allow medical marijuana facilities along Route 1 at the Lynnfield line.

Selectmen Update

Performance Evaluations: Chairman Barrett said he is working with Mr. Boudreau on developing a performance evaluation tool for department heads.

Constituent Communication: Chairman Barrett said he is also working with Mr. Boudreau on ensuing that communications sent to the Board members are forwarded for a response by the Town Administrator’s office. Selectman Dalton agreed that this is the best approach. Selectman Crawford said that Board members cannot respond to each other on such issues without risking a violation of the Open Meeting Law. Mr. Boudreau said that he currently responds when a general response is sought, but does not when the writer specifically seeks an opinion from the members.

Substance Abuse Prevention Coalition: Selectman Crawford said he has been overwhelmed by the response of residents. A joint meeting with the School Committee is planned for June 26. Volunteers for this effort include medical professionals, firefighters, clergy and other community members. The group will meet again on June 12.

Market Street Advisory Committee: Selectman Dalton said he has been overwhelmed by the amount of interest in this committee and suggested a change to the membership of the committee, which he outlined as follows: Four members from Precinct 2, one each from Precincts 1, 3, and 4; two at-large resident members; one representative each from LIFE, Inc., the Finance Committee and the Planning Board, and the Police Chief. He said the Public Works Director and Fire Chief can attend when needed. Selectman Crawford raised concerns that there may be too much Precinct 2 representation if the at-large members are also from that precinct. Selectman Dalton said that his recommended candidates were not.

On the motion of Selectman Crawford, duly seconded by Selectman Dalton, the Board voted unanimously to approve the changes to the membership of the Market Street Advisory Committee as outlined by Selectman Dalton.

Selectman Dalton nominated the following residents for membership:

At large: Paula Parziale and John Gioioso; Precinct 1: Dave McClory; Precinct 2: Jocelyn Fleming, Wallace McKenzie, Ann Mitchell and Jennifer Bayer; Precinct 3: Phil Doucette; Precinct 4: Anthony Ferullo; Planning Board: Brian Charville; Finance Committee: Eugene Covino: Police Chief: David Breen.

Selectman Dalton said he was discussing representation of LIFE, Inc. with the Board of Directors.

On the motion of Selectman Crawford, duly seconded by Selectman Dalton, the Board voted unanimously to approve the membership on the Market Street Advisory Committee as presented, with terms to expire on June 30, 2018.

On the motion of Selectman Crawford, duly seconded by Selectman Dalton, the Board voted unanimously to appoint Jennifer Bayer as temporary chair of the committee.

The committee will hold its first meeting on June 1.

On the motion of Selectman Crawford, duly seconded by Selectman Dalton, the Board voted unanimously to designate the members of the Market Street Advisory Committee as special municipal employees.

Town Administrator Update

Mr. Boudreau provided a brief update on the status of the financial transparency project and the new MUNIS software that the Town will be implementing. He gave a brief update on the status of the 10-year CAPEX program, which was received on Friday. Selectman Dalton suggested inviting the Finance Committee to hear a presentation on it before the Board. On MBTA dam breaching legislation. Mr. Boudreau said the legislation fide by the Town on the indemnification requirements for work on MBTA property at the culvert on Reedy Meadow near the Perry Avenue neighborhood is still waiting for input from the MBTA.

Public Comment

Veterans Services Director Bruce Siegel announced that the Memorial Day observance will be held on May 29. Board members thanked him for all he does for the Town and its veterans.

Use of Town Facilities          

On the motion of Selectman Crawford, duly seconded by Selectman Dalton, the Board voted unanimously to approve the following requests for use of Town facilities:

•           August 7, 14, 21, 28: Common - Free yoga classes – Center Yoga

•           Sept. 10: South Fire - LHS Hockey car wash

•           Sept. 17: South Fire - LHS Boys Soccer car wash

•           Sept. 24: South Fire - LHS Girls Soccer car wash

Executive session

Mr. Boudreau requested that the Board enter executive session to discuss litigation strategy in the case Styller v. ZBA. Chairman Barrett declared that a discussion in open session would be detrimental to the Town’s litigating position.

On the motion of Selectman Crawford, duly seconded by Selectman Dalton, the Board voted unanimously to enter executive session under Mass. General Laws Chapter 30A, Section 21 (a) (3), to discuss ongoing litigation in the case Styller v. ZBA.

Chairman Barrett declared that the Board did not intend to re-enter open session at the close of the executive session.

A roll call vote was held: Selectman Crawford – aye; Selectman Dalton – aye; Chairman Barrett - aye.

The Board entered executive session at 8:27 p.m.

On the motion of Selectman Crawford, duly seconded by Selectman Dalton, the Board voted unanimously to exit executive session. A roll call vote was held: Selectman Crawford – aye; Selectman Dalton – aye; Chairman Barrett - aye.

The Board adjourned at 8:45 p.m.