February 27, 2019 minutes

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

Interviews for School Enrollment and Capacity Exploration Committee

Three applicants have emerged for the vacant parent representative slot on the committee. Candidate Hanh Chu was not available tonight but has been scheduled for the March 4 meeting. Candidates Jill String and Brian Murphy attended for a brief interview. Ms. Stringi is a school speech pathologist and Individual Education Plan chairperson. She is a parent of two elementary school students with one child starting kindergarten in the fall. She said she has seen difficulties with space in the schools. Mr. Murphy has four children, one at each the High School, Middle School, Huckleberry Hill School and preschool level. He coaches youth lacrosse, basketball and soccer.

Board members thanked the applicants for their willingness to serve.

School Enrollment and Capacity Exploration Committee presentation

Chairman John Scenna and members of the SECEC presented the findings of the committee. Mr. Scenna said the committee as formed in 2018 and had been gather9ing and analyzing enrollment data, as well as the capacity of the existuinbg buildings and class size guidelines. Member Gary Romano conducted an electronic survey regarding preschool-age children. New England School Development Council (NESDE) was contracted to conduct a demographic study. The report will be posted online. A ten-year enrollment projection is based on assumptions stated in the study, data on birthrates, retention through each grade level, migration to private schools, and housing development and sales. The state average is 0.33 public school students per household; Lynnfield is 0.52.

Superintendent of Schools Jane Tremblay reviewed class size guidelines and the classroom capacity at each elementary school. She said that for the 2019-20 school year, space at the elementary schools will be sufficient. She said the chief question is kindergarten registration, which will be substantially available in March. but not complete until the orientation in May or June. Four sections are projected at Huckleberry Hill School. At Summer Street, students who have left the district will allow the reduction of classrooms from the four in grade 23 to three in grade 3 next year. This will free up classrooms for special education and tutor use. The same usage is projected for the 2020-21 school year. In year 2021-22 grade 1 classes are expected to increase, and by year 2022-23, grades 2 and 3 creep up. Ms. Tremblay said starting in 2022-23, the schools will have to make some decisions regarding space.

In response to questions from Chairman Dalton, Ms. Tremblay said that in the past, due to space constraints, the schools had “art on a cart,” with no dedicated art room, and music classes were held don the stage due to the lack of a dedicated music room. During the school building project, additional classrooms were added at the elementary level. She said these decisions will be difficult, and the discussion should begin now.

Selectman Crawford said the decision to move two preschool classrooms from the administration office at 525 Salem Street to Summer Street School was done for educational reasons. He asked if those classrooms could be returned to the Salem Street location if additional space is needed. Ms. Tremblay said the decision to move was to make the resources available at the elementary schools available to preschoolers.

Mr. Scenna said that the committee recommends that it be kept in place for another year, so it can continue to look at data and capacity and update its projections, consider program changes and possible solutions. The committee would also like to have an architect review existing buildings to see if additional classroom space can be identified in buildings.

MOTION: By Selectman Crawford, duly seconded by Selectman Barrett: I move that the term of the School Enrollment and Capacity Exploration Committee be extended to June 30, 2020. Vote was unanimous.

Opening of annual town meeting warrant

MOTION: By Selectman Crawford, duly seconded by Selectman Barrett: I move that the annual town meeting warrant be opened for the submission of articles. Vote was unanimous. Chairman Dalton announced that the warrant would close on March 18 at 7:00 p.m.

 Discussion of warrant article and amendment to development agreement regarding proposed theater at Market Street

 Ted Tye and representatives of National Development and WS Development were on hand to discuss changes in the PVDD zoning bylaw and the development agreement to allow the development of a movie theater at the Market Street site.

Mr. Tye said this proposal is the culmination of 13 years of discussion about a theater at Market Street. He reviewed the partnership between the Town and Market Street and the original proposal and approval of the PVDD at town meeting in 2007. He said while the theater was excluded as a use in the PVDD, the development is now substantially built and the climate in the retail industry has changed. He said issues surrounding the Market Street development were discussed over the past year with the Market Street Advisory Committee.

He said this theater proposal is different than the proposal made in the past as a result of this process. Ten years ago, a majority of town meeting voted in favor of a proposed zoning change that would have allowed a theater at Market Street, but the vote fell ten short of the two-thirds plurality required to approve a zoning change.

Louis Masiello, senior vice president for development at WS, discussed the retail landscape and aid that consumers now have the opportunity to purchase on line. As a result, entities such as Market Street must attract would-be shoppers by seeking a mix of tenants that will draw people to that site. This includes a mix of retail shops with restaurants, offices, fitness and medical facilities, and forms of entertainment. Most successful properties of this type have or are trying to attract a theater. He said the theater industry has also changed and megaplexes have been giving way to more sensitive designs occupying less space, with better seating and food and beverage service.

Mr. Tye said that if Market Street does not change to meet consumer desires, it will not thrive. He addressed parking and traffic concerns raised in the discussions with MASC. The proposal includes adaptive signals at three intersections along the Walnut Street/Salem Street/Route 95 interchange as well as the addition of 300 parking spaces by constructing a garage next to the proposed theater location, near the gaslight restaurant, and changes to the ramp plan from Route 128 South to Walnut Street by widening it to provide for a lengthened right-turn-only lane. He said Market Street will pay for the design, engineering and construction of these traffic improvements, which have the support of the state Department of Transportation.

He said the proposed theater operator is CMX, which will offer a family friendly environment with food and beverage service and luxury seating. He said each screen would have seating for 80 to 150 seats, for a total of 800. The 475,000 square feet of space for the new theater would be taken from the as-of—yet unbuilt allotment of office and retail space, resulting in no net increase in the allowable floor space at Market Street. The height of the building would be 45 feet. The proposal would also require the amendment of the development agreement to reflect the theater use and the mitigation proposal.

A fiscal impact study by RKG Associates indicates revenue of $325,000 in property tax annually, $190,000 in one-time permitting fees and $25,000 to $35,000 in annual local meals tax.

A draft warrant article and a draft amendment to the development agreement have been submitted for consideration.

Chairman Dalton said that the warrant article would be referred to the Planning Board for a public hearing and recommendation, with the final decision up to voters at town meeting.

Resident Anne Mitchell said that the MASC had made no recommendation on a theater and had made these recommendations for traffic improvements even without the addition of a theater. She said it was disappointing that market Street offered these improvements conditioned on the approval of the theater.

Resident Wallace McKenzie said that changing out office and retail space for theater space would have an impact of traffic patterns and the timing of traffic. He said Police Chief David Breen and a traffic engineer indicated that adaptive signals would have a minimal impact on traffic during high-volume periods. He said no financial information has been offered to demonstrate that a theater is essential to the development’s success.

MOTION: By Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board vote to refer the submitted warrant article to the Planning Board for public hearing. Vote was unanimous.

Presentation of petition article, rezoning of land off Main Street for elderly housing (formerly known as Wills Brook project)

Attorney John H. “Jay” Kimball, developer Angus Bruce and members of the development team attended to discuss a petition article that has been certified by the Town Clerk which would rezone a portion of land off Main Street to Elderly Housing District. A previous proposal for this site was presented last fall and referred to the Planning Board for further study.

The proposal consists of 66 units, all with two bedrooms and a two-car garage. One unit in the development will be sold at a discount to a qualifying veteran.

Atty. Kimball said that traffic, engineering and water provision studies are in progress and will be available for review prior to town meeting. He introduced members of the development team, He said that 22.6 acres of land is included in this new proposal. Since the last proposal of development for this land was considered, the developer acquired the property at 1414 Main Street, which when added to the land previously under consideration provides for an additional private roadway serving the development from Main Street. Approval of the proposed rezoning of this land from Residence D to Elderly Housing requires a two-thirds plurality from voters at town meeting.

Scott Cameron, project engineer, said the proposal is fully compliant with the elderly housing bylaw and would minimize disturbance to the site and the neighborhood. Forty percent of the property will be preserves as green space. It also meets the requirements of the overlay Stormwater Protection District. Stormwater management techniques will include low-impact technologies, probably including porous pavement. Wastewater will be treated on site, meeting Title V septic code with an enhances treatment system.

Heather Montecupp of Greenman Pederson, the project traffic engineer, said the team will coordinate with Town officials on the scope of the project, including existing and future traffic conditions and other possible developments in the area. A capacity and queue analysis in morning and afternoon peak times indicate 24 and 34 trips daily during those respective times. Sightlines will be adequate for the speed of traffic.

Joel Fritsch is assisting with the permitting of wells as a public water supply on site. The proposal to the state Department of Environmental Protection (DEP) includes analysis of impacts on sources of water and nearby wells, wetlands and vernal pools. Three wells will provide four gallons on water per minute, will be located in the center of the property, and will be about 500 feet in depth. A five-day pump test will ensure that it can pump 133 percent of capacity. The design and water treatment system, if one is necessary, will be submitted for review by DEP. The tests will ensure there is no impact on the gold course and two nearby Lynnfield Center water District wells. Local homeowner well impacts can also be measured if they wish. The entire process will take about six months including design, testing and review.

Mr. Fritsch said that in case of a disaster, all three wells can be filled by a tanker. He said the water would be tested for manganese and iron, and all other substances.

Atty. Kimball said that if a single-family home subdivision were to be developed on the site, there would be no requirement for such monitoring. He said the development team and the Board would discuss a development agreement that would be offered to the Town on the condition the Town would not exercise its right to purchase the property.

Developer Angus Bruce reviewed the design of the property and the buildings. He said that the wooded view along Main Street would be retained. Units will be sold at $589,900. The Town would realize about $600,000 in property and excide taxes from the development annually. The demand for age-restricted housing is growing. The development would draw buyers from around the region, and would not add any students to the school system.

MOTION: By Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board vote to refer the submitted warrant article to the Planning Board for public hearing. Vote was unanimous.

Discussion of rail trail ballot question

Selectman Barrett recused himself from this portion of the meeting. He has a relative who owns property close to the proposed rail trail.

The design public hearing on the Wakefield-Lynnfield rail trail project has been scheduled by the Department of Transportation and will be held at 6:30 p.m. at the Lynnfield Middle School auditorium, Main Street, on March 19.

Resident Joseph Gerace said he is in favor of the ballot question if it were worded to ask voters whether they are in favor of committing Lynnfield taxpayer dollars at Town resources such as public works, police and fire to the Rail to Trail project. He said this would allow voters to consider the commitment the Town would be making to ongoing maintenance.

Chairman Dalton said he, the town administrator and town counsel spent a lot of time framing this question, and he said he does not wish to bring the financial question into this advisory vote which seeks to determine whether the voters wish the Town to continue to pursue this matter. He said any commitment of Town funds would require approval by voters at town meeting at a later date. He thanked Mr. Gerace for bringing his alternative wording forward.

Selectman Crawford said that this is an advisory vote and that the Town will be pursuing state funding for the finals design work. He said the Town’s legislative delegation needs to know whether the Town is in favor of this project before seeking the expenditure of state funds on it and push for the release of state funds earmarked for this purpose in the bond bill.

MOTION: By Selectman Crawford, duly seconded by Chairman Dalton:  I move that the Board vote under Mass. General Laws Chapter 53, Section 18A to place upon the annual town election ballot the following question, which is to be clearly marked “This question is not binding,” as provided for in Mass. General Laws Chapter  54, Section 42B: “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?” Vote was 2-0 (Selectman Barrett not participating).

Selectman Barrett rejoined the meeting.

FY 2020 budget presentation – Fire Department and Emergency Medical Services

Chief Glenn Davis presented the FY20 Fire Department operating and capital budget request as well as the Emergency Medical Services enterprise budget. He read the department’s mission statement and reviewed the organization chart and current fiscal year initiatives and accomplishments, including the new ambulance placed into service and a nine-percent increase in requests for service.

Significant changes to the budget proposed for next fiscal year include an increase in the overtime line item, as a result of the experience with the new 12-hour, seven-day staffing plan. He said this increase in regular overtime would be offset by a reduced amount of callback overtime.  He said salary items, including callback and training, would increase by two percent. Fire alarm expenses were increased by $5,000. The emergency management stipend was increased as it is mandated in the chief’s contract. The emergency management plan will be updated this year.

The emergency medical services enterprise fund (EMS) is in good shape. A major line item increase of next year is the result of Partners Healthcare cancelling its local program in which it allowed local departments to swap out expired medications for free. The Town will now incur this cost, and the chief is looking at options to defray this expense.

Chairman Dalton asked about the need to maintain the fire alarm box system. Chief Davis said that the old system is cost-0effective and well-maintained and will work even during power outages. He said it is not used often. Selectman Crawford asked about the resolution of a long-term disability retirement case, which is still on appeal.

In the capital budget, requests include $45,500 for continuation of the fiber optic replacement program, $15,750 for personal protective gear, $45,000 for the replacement of a pickup truck that has failed inspection and is out of service; $65,000 for self-contained breathing apparatus (SCBA); $7,135 for a new phone system; $500,000 to replace a 34-year-old fire engine, and $5,000 for annual hose replacement.

Chief Davis said he will seek grants for the SCBA expense and said the fire engine replacement will be needed because of the open cab design. He said it is the oldest piece of equipment in the department and is used about twice a week for brush fires, many of them off-road.

Board members thanked the chief for the budget presentation.

Approval of agreement with Town of Wakefield on shared Local Building Inspector

Town Administrator Rob Dolan reviewed an agreement with the Town of Wakefield for a shared local building inspector, reflecting the role of Joe O’Callaghan. The six-month agreement will end on December 31, 20189. Mr. O’Callaghan will shadow Building inspector Jack Roberto, who is planning to retire. Mr. Dolan said Mr. Roberto’s knowledge will be missed. He said the Town will evaluate its needs when the year ends.

MOTION: By Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board vote to approve the agreement with the Town of Wakefield regarding the shared services of a local building inspector as presented. Vote was unanimous.

MOTION by Selectman Crawford, duly seconded by Selectman Barrett: I move that the Board adjourn. Vote was unanimous. The Board adjourned at 10:18 p.m.