March 20, 2018 minutes

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

North Shore Stars – Valley Hockey League Mite Champions

North Shore Stars, the Valley Hockey League Mite Champions, a number of whose players reside in Lynnfield, appeared with their coaches. Chairman Barrett read a citation signed by the Board and letters of congratulations were given to team members and coached. Coach Scott Gromko congratulated the team and thanked parents, the Lynnfield hockey board and all those who supported the team.

Road paving program for 2018

Public Works Director John Tomasz and Town Engineer Charlie Richter reviewed the road paving program planned for this year. Mr. Richter explained that the list is based on the condition and the amount of use of the street, and his coordinated with local utilities and drainage work.

The following areas are on the list: Lowell Street from Chestnut to North Hill; Lowell Street from Goldenrod to #340; Crest Road; Prospect Street; Crescent Road; Highland Avenue; Pleasant Street, Longbow Circle; Abbey Lane. Possible locations for 2019 and 2020 are Phillips Road, Kings Road, Shady Nook Lane, Beaver VENUE, Hutchins Circle, Grayland Road, Ashland Road, Wildewood Drive from Pillings Pond to Driftwood, and Lynnbrook Road.

In response to questions from the Board, Mr. Richter said that the list is based on a 2016 study of the condition and use of streets by BETA Engineering. He said the streets are reviewed each year, and that those chosen are based on the listing, upcoming utility work schedules, and the amount of funding available.

Dock license applications, 0 and 30 Maywood Road

Antonio Sordillo of 30 Maywood Road appeared before the Board on his two dock license applications. Approvals required from the Conservation Commission for this work have already been received. He has paid the $5 license fee for each dock.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move the Board approve the dock licenses for 0 Maywood Road and 30 Maywood Road. Vote was unanimous.

Request for bench placement at the common

Marianne Supino has requested the placement of a bench on the common in honor of her father, John F. Anzuoni, Sr. DPW was asked to find a suitable location now that the locations of a gazebo and the war memorial have been approved.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move the Board approve placement of a memorial bench on the common subject to payment of the associated costs by the sponsor and any conditions that may be imposed by the Department of Public Works. Vote was unanimous.

School Enrollment and Capacity Exploration Committee interviews

The Board interviewed several candidates seeking appointment to the Committee, and will hold additional interviews at the April 10 meeting. Joseph Attubato, Andrea Paciello and Nancy McManus reviewed the backgrounds and qualifications. Board members thanked them for their willingness to serve.

Report of the Town Meeting Study Committee

Chairman Jack Adelson and members of the Committee (Richard Regitano, Jill Giuliano, Gary Hathaway, Robert MacKendrick, Malia Travaglini attended.

Mr. Adelson said the mission of the committee is to make town meeting more productive and efficient and to encourage attendance. Members attended town meetings in four other communities. Moderator Arthur Bourque provided information he received from other moderators. A town-wide survey was sent with the annual censes, with over 1300 responses from 5000 households. The results were tabulated and will be posted on the website. He said the committee is making no recommendations for the April town meeting except for the use of electronic check-in and voting.

Mr. Adelson said that among the differences the committee found in the way other communities handle town meeting include; reducing the quorum required to continue the meeting after the initial quorum is reached; not allowing consideration of any article after 10:30 p.m. without approval of the meeting; time limits on presentations and speakers; not allowing reconsideration of an article unless new information has been received after the vote; video depiction of the article summary with recommendations of the committees.

Survey results indicated that residents want time limits on presentations, earlier start and finish times, no change to the quorum requirement. Those who do no attend town meeting cited work obligations and the length of meetings as their chief reasons.

Mr. Adelson credited Town Clerk Trudy Redi and her husband, who created a spreadsheet for the purpose, with the work on tabulating the results.

Chairman Barrett and Board members thanked the committee for the report and said he was happy with the response to the survey. Mr. Adelson said the committee will continue its work.

Proposed FY 2019 operating and capital budgets and spending plan

Town Administrator Rob Dolan presented his proposed FY19 spending plan, including his proposed operating and capital budgets.

Mr. Dolan reviewed the process used to develop the budget. He said this proposal places education at the forefront and would continue to invest in maintenance, enhance infrastructure and technology, create a vibrant economic climate and promote business, cultural, historical and recreational opportunities, and promote an active citizenry,

Budget goals include a sustainable and balanced program, no use of non-recurring revenue to balance the budget; an aggressive capital program; building of reserves; funding for the Town’s OPEB liability; and reflecting the priorities of the community.

He reviewed anticipated revenues, including state aid, which is expected to increase by about $68,000, and conservative estimates of local receipts. The enterprise funds status was reviewed. Additional revenue under the Proposition 2 1-/2 cap for property taxes will increase by $1.03 million. New growth revenue is estimated at $325,000, similar to levels prior to the building of Market Street. About 80 percent of the operating budget is personnel.

The Town’s reserves are strong, and the Town and the Board should be proud of the amount of funds in free cash and reserves. The plan includes an increase in the stabilization fund and the capital facilities maintenance fund.

Mr. Dolan said that the Town cannot expect significant additional help from state government in upcoming years. A ballot question this fall would reduce state sales tax revenue, making it less likely the state would add to funding for communities.

Proposed FY19 operating expenditures include increases of 5% for health insurance, 4.5% for the School Department, and 9.3% for pension obligations. Schools are facing large increases in tuitions and transportation related to out-of-district placements for special education students. No new positions are being added outside of the schools. The overall operating budget would increase by 3.45 percent.

An aggressive FY19 capital budget includes $1,753,731 in proposed funding, which includes school technology, road work, electronic voting and check-in at town meeting, a new fire station roof, public safety equipment, a 30-passenger bus for special education, a police cruiser, and a number of smaller items. The stabilization and capital facilities maintenance funds would be increased by $100,000, outing both of them within the Board’s financial policy recommendations.

Chairman Barrett thanked Mr. Dolan for the presentation. He said that the 3.45 percent increase in spending was a modest increase and showed some belt-tightening. Selectman Dalton said that Mr. Dolan provided an excellent overview and said he is satisfied overall, but said that in the next budgets the Board and Town departments will have to look at ways to bring spending in line with anticipated revenues. 

Selectman Crawford said that he agrees with Selectman Dalton’s comments and said he would like to see the appropriation for the stabilization fund increased to $200,000, and reduce the OPEB appropriation in order to offset the increase. He said the Town should continue to build its reserves with the additional revenue coming from market Street. He said the increase in the property tax levy for existing properties only covers the additional educational spending, and that the Town is dependent on growth in state aid and local receipts.

Selectman Dalton said he would agree with adding more funds to stabilization and a reduction in the OPEB appropriation. Chairman Barrett said the School Committee and superintendent ha to cut into important positions in order to reach a budget figure showing a 4.5 percent increase. Mr. Dolan agreed to the proposed changes to OPEB and stabilization funds.

Town Accountant Julianne McCarthy said that bond rating agencies look at the Town’s reserves and that an increase in the stabilization appropriation would be beneficial.

MOTION by Selectmen Dalton, duly seconded by Selectman Crawford: I move the Board approve the Fiscal Year 2019 operating and capital budgets and spending plan as presented by the town administrator, with the following changes: reduce the OPEB fund appropriation by $100,000 and increase the Stabilization Fund appropriation by $100,000. Vote was unanimous.

Review of proposed warrant articles

The annual town meeting warrant has been prepared by the town administrator’s office and reviewed by town counsel. Recommendations on warrant articles will be made by the Board at the April 10 meeting. Selectman Dalton said he was in agreement with the warrant as presented, except Article 15. He said he would like a change in the language on the article to indicate the Town is seeking funds to pay an existing obligation for architectural services related to the golf clubhouse, not seeking an additional appropriation. Board members agreed.

Closing of the annual town meeting warrant

MOTION by Selectmen Dalton, duly seconded by Selectman Crawford: I move the Board vote to close the annual town meeting warrant as presented, with the change in Article 15 as presented by Selectman Dalton. Vote was unanimous.

LYNNFIELD TOWN WARRANT

THE COMMONWEALTH OF MASSACHUSETTS

ANNUAL TOWN ELECTION - APRIL 10, 2018

      ANNUAL TOWN MEETING -   APRIL 30, 2018

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 Assessors 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; one Planning Board member for two years to fill an unexpired five-year term;  and one Housing Authority member for five years. 

The Polls in each precinct will open at 7:00 a.m., and will be closed at 8:00 p.m., on said April 10, 2018.  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 30, 2018 at 7:30 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.

                                                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 2018 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 raise and appropriate or appropriate by transfer from available funds, sums of money for the purpose of paying outstanding overtime differential under the dispatcher’s contract Article XIV for contracts in FY 14, FY15, FY16, and FY 17, 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 amend the General Bylaws by adopting a new Chapter 10, as follows:

Chapter 10 – Revolving Funds

1.   Purpose.  This bylaw establishes and authorizes revolving funds for use by Town departments, boards, committees, agencies or officers in connection with the operation of programs or activities that generate fees, charges or other receipts to support all or some of the expenses of those programs or activities. These revolving funds are established under and governed by G.L. 44, § 53E½.

2.   Expenditure Limitations.  A department or agency head, board, committee or officer may incur liabilities against and spend monies from a revolving fund established and authorized by this bylaw without appropriation subject to the following limitations:

A.  Fringe benefits of full-time employees whose salaries or wages are paid from the fund shall also be paid from the fund.

B.  No liability shall be incurred in excess of the available balance of the fund.

C.  The total amount spent during a fiscal year shall not exceed the amount authorized by Town Meeting on or before July 1 of that fiscal year, or any increased amount of that authorization that is later approved during that fiscal year by the Selectmen and the Finance Committee.

3.   Interest.  Interest earned on monies credited to a revolving fund established by this by-law shall be credited to the general fund.

4.   Procedures and Reports.  Except as provided in G.L. 44, § 53E½ and this bylaw, the laws, charter provisions, bylaws, rules, regulations, policies or procedures that govern the receipt and custody of Town monies and the expenditure and payment of Town funds shall apply to the use of a revolving fund established and authorized by this bylaw.  The Town Accountant shall include a statement on the collections credited to each fund, the encumbrances and expenditures charged to the fund and the balance available for expenditure in the regular report the Town Accountant provides the department, board, committee, agency or officer on appropriations made for its use.

5.  Authorized Revolving Funds.  The table below establishes:

A.  Each revolving fund authorized for use by a Town department, board, committee, agency or officer;

B.  The purpose of each fund;

C.  The fees, charges and other monies charged and received by the department, board, committee, agency or officer in connection with the program or activity for which the fund is established that shall be credited to each fund by the town accountant; and

D.  The department or agency head, board, committee or officer authorized to spend from each fund.

            6. Effective Date.  The revolving funds hereby established shall exist from and after Fiscal Year 2019, subject to a vote of Town Meeting on or before July 1 of each year as to the limit on the total amount that may be expended from each fund in the following fiscal year.

or to take any other action in connection therewith.

                                                Submitted by BOARD OF SELECTMEN

ARTICLE 12. 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 2019:

Revolving Fund                                  Maximum Expenditure

Council on Aging                                $  50,000

Board of Health                                  $  15,000

Library                                                            $  10,000

Recreation                                           $250,000

Public Works – Fields                         $  60,000

Public Works – Merritt Center            $  10,000

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 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.

                                                Submitted by BOARD OF SELECTMEN

ARTICLE 14. 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.

                                                Submitted by BOARD OF SELECTMEN

ARTICLE 15.  To see if the Town will vote to appropriate by transfer from available funds, or from any or all such sources, a sum of money for the purposes of paying fees associated with work completed on the design of clubhouse and maintenance building at the King Rail Reserve Golf Course, or to take any other action relative thereto.

                                                Submitted by BOARD OF SELECTMEN

ARTICLE 16.  To see if the Town will vote to amend the Zoning Bylaws by adding as Section 3.4 the following:

3.4       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.

and by adding the following to the Table of Uses at the end of §D “Retail, Trade and Restaurant”:

27.  Marijuana                                     RA RB RC RD EH    LB GB C OP    LI    M

Establishment (non-medical)              N    N    N   N   N       N   N   N   N   N     N

or to take any other action in connection therewith.

                                    Submitted by PLANNING BOARD

ARTICLE 17.  To see if the Town will vote to amend the Zoning Bylaws by adding as Section 3.5 the following:

3.5       TEMPORARY MORATORIUM ON MARIJUANA ESTABLISHMENTS.

3.5.1    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.

3.5.2    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 December 31, 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.

3.5.3    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 PLANNING BOARD

ARTICLE 18. To see if the Town will vote to amend the Zoning Bylaws as follows:

a)         by rescinding the current zoning map and replacing it with the “Zoning Map of Lynnfield Massachusetts” on file with the Town Clerk; and

b)         by deleting Section 2.3 of the Zoning Bylaws in its entirety and replacing it with the following:

2.3       LOCATION OF DISTRICTS.  Said districts referred to are located and bounded as shown on a map entitled “‘Zoning Map of Lynnfield Massachusetts’ Produced by CAI Technologies, Date of Last Revision: January 1, 2016”, together with all duly adopted amendments and revisions, and filed in the office of the Town Clerk, which map, together with all explanatory matter thereon, is hereby incorporated in and made a part of the bylaw.

or to take any other action in connection therewith.

                                                                        Submitted by PLANNING BOARD

ARTICLE 19. To amend the Zoning District Map of the Town of Lynnfield entitled “Zoning District Map of the Town of Lynnfield dated Dec 1953” as amended to date by changing from Single Resident District D (RD) to Elderly Housing District (EH), the parcel of land off Main Street, Lynnfield, containing 105.680 ± acres as shown on a plan entitled “Plan of Land in Lynnfield, Mass.” drawn by Hayes Engineering, Inc., Scale: 1” = 40’, dated December 21, 2017, “Showing Existing Area of Single Residence D District to be Rezoned to Housing for the Elderly District”, a copy of which is on file with the Town Clerk, and bounded and described as follows:

East Parcel (Lynnfield Assessor’s Parcel ID: 0013 0000 0855)

A certain parcel of land situated in the Town of Lynnfield and City of Peabody, County of Essex, Commonwealth of Massachusetts, described as follows:

Beginning at the northwesterly corner of the premises herein described at a point on the southeasterly sideline of Main Street; thence running

S42°48'08"E a distance of 183.14 feet; thence turning and running

S41°40'32"E a distance of 181.06 feet; thence turning and running

N52°08'51"E a distance of 166.82 feet; thence turning and running

N78°08'48"E a distance of 1090.84 feet; thence turning and running

S03°20'28"W a distance of 253.29 feet; thence turning and running

S10°59'28"W a distance of 258.44 feet; thence turning and running

S11°57'08"W a distance of 87.92 feet; thence turning and running

S05°02'37"W a distance of 114.34 feet; thence turning and running

S06°30'57"W a distance of 200.45 feet; thence turning and running

S02°40'42"W a distance of 155.37 feet; thence turning and running

S04°05'57"W a distance of 166.61 feet; thence turning and running

S08°37'37"W a distance of 327.20 feet; thence turning and running

S06°29'36"W a distance of 102.39 feet; thence turning and running

S06°03'26"W a distance of 168.96 feet; thence turning and running

S06°57'56"W a distance of 131.71 feet; thence turning and running

S07°03'11"W a distance of 199.46 feet; thence turning and running

S10°10'46"W a distance of 74.86 feet; thence turning and running

S14°08'11"W a distance of 33.33 feet; thence turning and running

S22°51'51"W a distance of 35.04 feet; thence turning and running

S28°58'48"W a distance of 141.91 feet; thence turning and running

S31°14'47"W a distance of 142.77 feet; thence turning and running

S31°25'29"W a distance of 33.68 feet; thence turning and running

S33°50'40"W a distance of 85.14 feet; thence turning and running

S57°57'35"W a distance of 124.89 feet; thence turning and running

S73°01'38"W a distance of 57.86 feet; thence turning and running

S80°35'37"W a distance of 82.94 feet; thence turning and running

S83°23'19"W a distance of 247.97 feet; thence turning and running

S87°26'23"W a distance of 67.09 feet; thence turning and running

S85°03'35"W a distance of 155.37 feet; thence turning and running

N81°41'29"W a distance of 213.49 feet; thence turning and running

N81°25'39"W a distance of 100.05 feet; thence turning and running

N81°41'23"W a distance of 95.40 feet; thence turning and running

N81°39'28"W a distance of 93.36 feet; thence turning and running

N78°36'40"W a distance of 64.16 feet; thence turning and running

N59°49'46"W a distance of 124.75 feet; thence turning and running

N59°05'55"W a distance of 144.47 feet; thence turning and running

N37°17'39"E a distance of 270.99 feet; thence turning and running

N26°18'21"E a distance of 80.79 feet; thence turning and running

N46°19'25"W a distance of 133.17 feet; thence turning and running

N45°33'25"W a distance of 167.23 feet; thence turning and running

N46°42'03"W a distance of 121.31 feet; thence turning and running

N49°45'34"W a distance of 22.30 feet; thence turning and running

N45°12'02"W a distance of 49.28 feet; thence turning and running

N47°35'31"W a distance of 135.76 feet; thence turning and running

N46°44'30"W a distance of 73.94 feet; thence turning and running

N32°24'37"E a distance of 270.00 feet; thence turning and running

N46°50'42"E a distance of 119.95 feet; thence turning and running

N02°06'00"W a distance of 214.89 feet; thence turning and running

N64°30'50"W a distance of 155.77 feet to a point on the southeasterly sideline of Main Street; thence turning and running

Northeasterly along said sideline with a curve turning to the right having an arc length of 140.82 feet on a radius of 1000.00 feet; thence running;

N38°55'00"E along said sideline a distance of 261.80 feet; thence turning and running

N32°13'00"E along said sideline a distance of 794.56 feet; thence running

Northeasterly along said sideline with a curve turning to the right having an arc length of 180.19 feet on a radius of 795.00 feet to the point of beginning.

Excluding the small portion that lies in the City of Peabody.

Containing an area to be Rezoned of 4,603,407 Square Feet, or 105.680 Acres.

Being a portion of land of Sagamore Spring Real Estate Trust by deed recorded in Book 4078 Page 442 at the Essex South District Registry of Deeds.

or what action it will take thereon.

                                                            Submitted by PETITION

ARTICLE 20. To amend the Recodified Lynnfield Zoning Bylaws to allow as a matter of right, a private commercial golf course in an Elderly Housing District by amending Appendix A, the Table of Use Regulations Principal Uses D. Retail, Trade and Restaurant, paragraph 20, in the column under Elderly Housing (5th Residential entry) from N to Y so as to read as follows:

“20.         Private commercial golf course,              Residential                     Business             Industrial  Municipal

                clubhouse, and maintenance building    RA  RB  RC  RD  EH    LB  GB  C  OP   LI               M

(but not including a golf driving             

range or miniature golf course)               BA  BA  BA  BA  Y       BA  BA  N  N                  N               N”

or what action it will take thereon.

                                                            Submitted by PETITION

ARTICLE 21. To amend Section 11.5 Definitions Individual Meanings in the Recodified Lynnfield Zoning Bylaw, so that the Housing for the Elderly definition provides for a maximum of 154 units in an Elderly Housing Development.  The fourth sentence in the paragraph “Housing For the Elderly” shall read “No Housing for the Elderly development shall contain more than 154 independent dwelling units.”

or what action it will take thereon.

                                                            Submitted by PETITION

ARTICLE 22. To amend the Recodified Lynnfield Zoning Bylaw (“Bylaw”) to allow a residential sewage treatment facility subject to 314 CMR 5.00 in a Groundwater Protection District by Special Permit, provided that such facility meets the performance standards set forth in Section 9.3.7.5 of the Bylaw, by adding a Subsection “d.” to Section 9.3.7.11 of the Bylaw and a Subsection “3.” to Section 9.3.8 of the Bylaw providing as follows:

            Section 9.3.7.11(d):

“d.       subject to the requirement of obtaining a Special Permit under Section 9.3.8 of the Bylaw, a residential treatment works subject to CMR 5.00 (including a privately owned sewage treatment facility) that meets the performance standards set forth in Section 9.3.7.5 of the Bylaw.”

            Section 9.3.8.3:

“3.       A residential treatment works that satisfied the requirements set forth in Sections 9.3.7.5 and 9.3.7.11(d) of the Bylaw.”

or what action it will take thereon.

                                                            Submitted by PETITION

ARTICLE 23. 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 on Main Street and Janet Way, Lynnfield, Essex County, Massachusetts, being shown on Assessors' Map 8, as Lots 147, 783, 1325 and 1488 be rezoned from the Residence D District to the Elderly Housing District.

A certain tract of land on the north side of Main Street in Lynnfield, Essex County, Massachusetts, shown as Lot A on a plan entitled, “Rezoning Plan, located in Lynnfield, Mass., prepared for the Sagamore Place Realty Trust & Richardson Green, Inc.” dated February 2, 2018, prepared by The Morin-Cameron Group, Inc., Danvers, Massachusetts, on file with the Town Clerk and being more particularly described as follows:

Beginning at the southeast corner of the premises at Main Street and other land now or formerly of the Sagamore Place Realty Trust.

Thence by Main Street S56°41'37"W a distance of 98.24' to land now or formerly of Suzanne S. Winn Rev. Tr.;

Thence by land now or formerly of Winn N11°35'55"W a distance of 337.75' to a point;

Thence by various abutters as shown on plan S68°44'22"W a distance of 1,003.59' to land now or formerly of Sagamore Springs Realty Trust and Luff, Luff & Thompson Trust;

Thence by land now or formerly of Sagamore Springs Realty Trust and Luff, Luff & Thompson Trust N21°20'40"E a distance of 527.43’ to a point;

Thence by land now or formerly of Sagamore Springs Realty Trust and Luff, Luff & Thompson Trust and land now or formerly of Town of Lynnfield Conservation Commission N01°14'29"E a distance of 549.96' to land now or formerly of Lynnfield Center Water District;

Thence by land now or formerly of Lynnfield Center Water District and land now or formerly of Town of Lynnfield Conservation Commission N62°14'39"E a distance of 500.00';

Thence continuing by land now or formerly of Lynnfield Center Water District and land now or formerly of Town of Lynnfield Conservation Commission S65°47'16"E a distance of 532.32' to land now or formerly of Lynnfield Center Water District;

Thence continuing by land now or formerly of Lynnfield Center Water District S77°05'41"E a distance of 56.22' to a point;

Thence continuing by land now or formerly of Lynnfield Center Water District S70°27'09"E a distance of 54.01' to a point;

Thence continuing by land now or formerly of Lynnfield Center Water District S63°15'20"E a distance of 20.81’ to a point;

Thence continuing by land now or formerly of Lynnfield Center Water District S80°51'50"E a distance of 16.04' to a point;

Thence continuing by land now or formerly of Lynnfield Center Water District N89°06'59"E a distance of 47.91' to other land now or formerly of the Sagamore Place Realty Trust;

Thence by land now or formerly of the Sagamore Place Realty Trust S00°53'01"E a distance of 278.76' to a point;

Thence continuing by land now or formerly of the Sagamore Place Realty Trust S25°15'08"E a distance of 63.00' to Janet Way;

Thence continuing by Janet Way with a curve turning to the left with an arc length of 70.70', with a radius of 60.00', to point;

Thence continuing by Janet Way with a reverse curve turning to the right with an arc length of 20.36', with a radius of 25.00', to a point;

Thence continuing by Janet Way with a reverse curve turning to the left with an arc length of 61.30', with a radius of 170.00' to a point;

Thence continuing by Janet Way S03°14'27"W a distance of 63.31' to other land now or formerly of the Sagamore Place Realty Trust;

Thence continuing by other land now or formerly of the Sagamore Place Realty Trust N66°45'33"W a distance of 77.71' to a point;

Thence continuing by other land now or formerly of the Sagamore Place Realty Trust N13°20'08"W a distance of 300.95' to a point;

Thence continuing by other land now or formerly of the Sagamore Place Realty Trust N66°54'53"W a distance of 65.55' to a point;

Thence continuing by other land now or formerly of the Sagamore Place Realty Trust S03°05'07"W a distance of 392.00' to a point;

Thence continuing by other land now or formerly of the Sagamore Place Realty Trust S71°33'37"W a distance of 57.89' to a point;

Thence continuing by other land now or formerly of the Sagamore Place Realty Trust S07°26'38"E a distance of 325.51' to Main Street and the point of beginning or however else the same may be described.”

Containing 22.7 +/- acres of land as shown on referenced plan.

Meaning and intending to describe Lot A shown on the above referenced plan. For title see deed from Richardson's Farms, Inc. to Richardson Green, Inc. recorded in Essex South District Registry of Deeds in Book 28255 Page 254 and Land Court Certificates of Title  No.91206 & 91208 standing in the name of Sagamore Place Realty Trust filed in the Essex South District Land Registration Office.”

or what action it will take thereon.

                                                            Submitted by PETITION

Renewal of seasonal liquor licenses

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move the Board vote to approve the seasonal wine and malt licenses for Sagamore Golf, Inc. and Town of Lynnfield as presented, provided that all local and state fees and insurance requirements are met. Vote was unanimous.

Appointment to War Memorial Committee

Former War Memorial Committee member John H. Kimball III, who had also served as the Town’s Veterans Services Officer previously, resigned from that committee when he moved out of Town. He is planning to move back on or about April 10 and wished to be re-appointed to the committee.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move the Board appoint Jason Kimball to the War Memorial Committee effective April 10, 2018 or upon his establishment of residence in Lynnfield, whichever comes later. Vote was unanimous.

Resignation from Recreational Path Committee

Resident Sheila Aronson has offered her resignation from the Recreational Path Committee due to other obligations.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move the Board accept with regret the resignation of Sheila Aronson from the Recreational Path Committee. Vote was unanimous.

Exemption under Massachusetts General Laws, Chapter 268A, Section 20 (B) for Finance Committee member

Finance Committee member Robert Priestley is a principal in The Priestleys, Inc., which has contracted with the Recreation Commission to provide photographic and music services to the annual Father/Daughter Dance, as he has in the past.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move the Board approve the proposed exemption under Chapter 268A Section 20 (B) as requested by the Recreation Commission and Finance Committee member Robert Priestley for the provision of services at the Father/Daughter Dance. Vote was unanimous.

Selectmen Update:

A Healthy Lynnfield (Selectman Crawford): Chris Herren spoke in Lynnfield on March 12 and Jeff Allison will speak on April 11. Both were Massachusetts school sports standouts and professional athletes who have overcome opiate addiction. Healthy Lynnfield will participate in the Geraniumfest.

Recreational Path Committee (Selectman Dalton): A community workshop to discuss design issues will be held at the Middle School on March 27.

Senior Citizen Advisory Council (Chairman Barrett): The committee will give an update to the Board at a future meeting.

Town Administrator Update/Goals

Town Administrator Rob Dolan gave a brief update on the following topics: department head goals, seeking Community Compact grant application ideas; information technology and social media regionalization possibilities; the culvert breaching plans for the Reedy Meadow area; replacing the Capital Facilities Advisory Committee with a new implementation committee; the Middle School field project; presentations by the development teams on the two Main Street proposals for senior housing to department heads.

Mr. Dolan discussed replacing existing security door measures at the school with one of two options. Board members agreed that this issue should be resolved so that a plan can be funded as part of the upcoming town meeting capital budget.

Public Comment

There was no public comment.

Use of Town Facilities:

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board approve the use of Glen Meadow Park on April 7, 2018 by the Lynnfield Indian Association for the annual Festival of Colors. Vote was unanimous.

Request for executive session to discuss the purchase, exchange, lease or value of real property, specifically the Sagamore Golf Course and Wills Brook properties, Main Street

The chair made the following declaration prior to the roll call vote: "An open meeting may have a detrimental effect on the negotiating position of the Town."

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move the Board enter into executive session to discuss the purchase, exchange, lease or value of real property, specifically the Sagamore Golf Course and the Wills Brook properties.

A roll call vote was taken. Dalton – yes; Crawford – yes; Barrett – yes.

Announcement that the Board does not plan to re-enter open session.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move the Board adjourn. Vote was unanimous.

The Board adjourned at 9:35 p.m.