August 16 2021 meeting

Chair Dalton called the meeting to order at 6:00 p.m. He announced that the meeting was being recorded for cable television and led those in attendance in the Pledge of Allegiance.

One-day liquor license application, Davio’s, Market Street near 1500 Building, 6-9 p.m., August 25 or 26, 2021

Abby Kolb, manager at Davio’s said that this request has the same location and plan as one held last month, which she said was well attended and safely handled. Board members had no objections.

MOTION by Mr. Crawford, duly seconded by Mr. Connell: I move that the Board vote to approve the one-day liquor license application of Davio’s for August 25 with a rain date of August 26. Vote was unanimous.

Discussion of Pillings Pond Rules and Regulations

Assistant Town Administrator Robert Curtin  and Planning and Conservation Administrator Emilie Cademartori explained that a previous Board had adopted an amended set of Rules and Regulations for Pillings Pond in 1998, and it was recently discovered those amended rules and regulations were never entered into the Town’s codified rules and regulations. The chief change in the document dealt with licensing of docks, and the Board has followed those procedures despite the omission. Jennifer Welter of the Planning and Conservation office did a fantastic job synthesizing the Pillings Pond regulations that E-Code has on-line as Chapter 184 of our code with amendments passed by the Board in 1998. Town Counsel some fairly minor revisions (such as removing a prohibition on political "harangues" and using the term "Select Board"), but in general he said the work is true to the original regulations as modified by the 1998 amendments. Town Counsel has recommended that the revised rules and regulations be presented to the Board at an upcoming meeting for approval, subject to subsequent approval by the Executive Office of Environmental Affairs.

Ms. Cademartori said that any application for a new dock goes before the Conservation Commission regarding its impact on the wetlands.

MOTION by Mr. Crawford, duly seconded by Mr. Connell:  I move that the Board vote to adopt the revised Pillings Pond Rules and Regulations as presented. Vote was unanimous.

Appointment of Public Safety Building Committee

Chair Dalton explained that with the Strategic Planning Committee having completed its charge, and with the School Building Committee overseeing the elementary school expansion projects, he is recommending that the Board form an ad hoc committee to provide similar oversight to the Public Safety Building project.

Mr. Crawford said this is a great idea and will help the Town move to the next step. He said Mr. Connell and the other members of the Strategic Planning Committee did a wonderful job. Mr. Connell said the School Building Committee did a great job as well.

Chair Dalton said the Committee would merely study the issue and advise the Select Board.

MOTION by Mr. Crawford, duly seconded by Mr. Connell:  I move that the Board vote to form the Public Building Safety Committee, with members John Scenna, Select Board representative Joseph Connell, Finance Committee member Kristen Elworthy, Fire Chief Glenn Davis, and Acting Police Chief Nick Secatore to the Committee. Vote was unanimous.

Opening of town meeting warrant for acceptance of articles

MOTION by Mr. Crawford, duly seconded by Mr. Connell:  I move that the Board vote to open the fall town meeting warrant for acceptance of articles. Vote was unanimous.

Set closing date for the acceptance of articles

MOTION by Mr. Crawford, duly seconded by Mr. Connell:  I move that the Board vote to set Monday, September 27 at 6:00 p.m. for closing of the fall town meeting warrant. Vote was unanimous.

Invitation to submit nominees for the Daniel Townsend Award

Chair Dalton announced that the Board is inviting nominations for the Daniel Townsend Award for Excellence, which is given annually by the Board to recognize exemplified excellence in the area of Volunteerism. Past recipients include Al Merritt, Arthur Bourque, Joe Maney, Dave Drislane, Fred Santangelo and Betty Adelson. The deadline for nominations is September 6.

Use of Facilities

a.       Use of streets: Northeast ARC road race, September 26, 2021

b.       Use of common: First Responders Day and 9/11 observance, Sept. 11, 2021

c.       Banner: First Responders Day

d.       Use of common: Library, August 27

MOTION by Mr. Crawford, duly seconded by Mr. Connell:  I move that the Board vote to approve the use of facilities requests as submitted, subject to any restrictions placed on them by the Chief of Police or Director of Public Works. Vote was unanimous.

Discussion of proposed Tree Bylaw

Planning Board Chair Brian Charville discussed the proposed Tree Bylaw and answered questions from the Board. He said fellow Board members Paige Wilkins, Kate Flaws and Amy McNulty were also in attendance. He said the proposed bylaw which the Board has worked on for two years had unanimous support. He noted that the Planning Board brought an earlier version of the bylaw to town meeting in October of last year, but withdrew it at the last minute to invite more feedback from citizens. The new bylaw is narrower in scope and pared back substantially. It now only applies to lots in which there are new building activities, such as a new subdivision, clearing a lot for a new home prior to its development, special permit cases, of substantial renovations. It also only applies to trees if a certain size with the zoning setbacks. He said only trees of six inches or larger in diameter are subject to the bylaw. Landowners who decide to take trees down can choose to submit a replication plan or contribute to the tree fund. That contribution is based on the market rate of replacement trees, and would be done on a one-for-one basis based on the tree measurement.

Mr. Charville said the impetus for the proposed bylaw was the number of calls the Planning Board office received due to clear-cutting of properties in Town, usually as part of a construction project. He said examples of developments where lots were completely or almost clear-cut are Tuttle Lane and Sagamore Place. He said the Planning Board intends to submit the article for the October town meeting warrant.

Chair Dalton said that some residents might be concerned, as setbacks can be as wide as 30 feet in some districts. He asked about a resident who is seeking to put in pool in their yard. Mr. Charville said setbacks are les sin areas with smaller lots. Ms. Cademartori said a pool would not trigger the bylaw, unless a special permit or variance was required.

Mr. Crawford asked who determines the placement of tree sin a mitigation plan. Mr. Charville said that would be up to the owner, who could also decide to contribute to the tree fund instead.

Mr. Connell praised the Planning Board for the level of detail and the work that went into this proposal. He asked about trees that pose a danger. Mr. Charville said they are completely exempted in this new version.

Tree Committee member Jane Bandini urged the Board to place the proposed bylaw on the warrant so residents can make the decision. She said it recognizes how important tree preservation is to the environment and character of Lynnfield, and that it is important to support these efforts.

Possible executive session, MGL Section 30A, Section 21 (a) (6).  To consider  the  purchase,  exchange,  lease  or  value  of  real  property  if  the  chair declares  that  an open meeting  may  have  a  detrimental  effect  on  the negotiating  position of  the  public  body

MOTION by Mr. Crawford, duly seconded by Mr. Connell: I move that the Board enter executive session, MGL Section 30A, Section 21 (a) (6).  To consider  the  purchase,  exchange,  lease  or  value  of  real  property  if  the  chair declares  that  an open meeting  may  have  a  detrimental  effect  on  the negotiating  position of  the  public  body. Roll call vote: Crawford – yes; Connell – yes; Dalton, yes.

Chair Dalton announced the Board would not resume public session.

The Board entered executive session at 6:36 p.m. and adjourned at 7:35 p.m.