October 15, 2020 meeting

Chairman Barrett called the meeting to order at 6:00 p.m. He announced that the meeting was being recorded for cable television via Zoom.

Discussion of and recommendations on warrant articles

Assistant Town Administrator Bob Curtin reviewed briefly the warrant articles for Saturday’s special town meeting.

Article 1: Payment of bills from a prior fiscal year. Three bills would be paid from free cash.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board vote to recommend Article 1. Vote was unanimous.

Article 2: Transfers of funds within the current fiscal year budget: Funds would be transferred from items where surpluses are expected top items where there are expected shortfalls. $154,252 in free cash will also be used. Vote was unanimous.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board vote to recommend Article 2. Vote was unanimous.

Article 3: Petitioning the legislature to amend the Town Charter to rename the Board of Selectmen to Select Board, replace the term Chairman wherever it appears with Chair, and replacing any other gender-specific language with gender-neutral language.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board vote to recommend Article 3. Vote was unanimous.

Article 4: Authorizing the Board of Selectmen to extend the Town’s agreement with Reading Municipal Light Department to 2040.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board vote to recommend Article 4. Vote was unanimous.

Article 5: Authorizing the Board of Selectmen to take by eminent domain, to purchase, or to acquire any lesser interest in the Smith Farm property at 163 Lowell Street. The appropriation would be an authorization to borrow $900,000 based on an independent appraisal of the property at $850,000 plus associated legal and other costs.

Kirk Mansfield, chair of the Historical Commission, reviewed the history of the property and the Smith family. He noted it was sold in 2019 for Boston Clear Water and then transferred to Virgil Lynnfield Properties LLC, which applied for a permit to demolish the house. The Commission imposed a one-year delay on the demolition under the Town’s Demolition Delay Bylaw. Several residents attended a hearing on the matter but the owners did not. The Commission wishes to preserve the property due to its historical significance and asks the Board to have the Town purchase the property, add historical preservation restrictions to the deed, and then sell the property to an owner who wishes to preserve it, as the Town did with Center Farm on Main Street.

Town Counsel Thomas Mullen said that article would allow the Board but not compel it to take action; he said the “lesser interest” language would allow the Board flexibility to offer to pay the current owner to accept the preservation deed restriction, which would be less expensive.

Selectman Crawford discussed the Smith family’s long legacy in Lynnfield. He said the Town should work toward preserving the property and that this article gives the Town the necessary options to do so. Chairman Barrett agreed, noting he grew up in that neighborhood and took pride in its historic nature.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board vote to recommend Article 5. Vote was unanimous.

Article 6: This would amend the existing Town bylaws to add the customary fees charged by departments, boards and committees. This is being done at the urging of Town Counsel.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board vote to recommend Article 6. Vote was unanimous.

Article 7: Authorizes the Board to sell land on Broadway which contains parking spaces that are leased to Loui’s Pizza. The sale if authorized would be based on an independent appraisal for a minimum price of $98,000, and restrictions would be placed upon it to not allow for the use of the property to create a new buildable lot and forbid the location of a structure on the lot. The sale would be done by auction.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board vote to recommend Article 7. Vote was unanimous.

Articles 8 and 9 were reviewed by Planning and Conservation Administrator Emilie Cademartori.

Article 8: This would enact a tree bylaw that was drafted in response to concerns raised by residents about developers and other landowners clear-cutting lots. The exterior lots, within certain setbacks, would require the owner to obtain a tree permit to take down trees of certain sizes. The Planning Board could require replication of the trees or a contribution to a Town Tree Fund.

Planning Board Chair Brian Charville said this would work with the next article to help preserve open space. The Finance Committee unanimously supported the adoption of this bylaw. He said there is virtually no power for the Town to prevent the cutting of trees. He mentioned several lots that have been clear-cut or had significant removal of trees in recent months. He said the Planning Board has no desire to be the “tree police.” He said hazardous trees can be removed without a permit. Lots of 7500 square feet or less would be exempt. He said opponents have said that this infringes on private property rights and imposes fines. He said the first fine is $100 for a violation, and that the $300 fine is reserved for the third or more violation by a property owner. He urged people to read the bylaw for themselves.

Selectman Dalton said he appreciates the property rights argument but finds that residents want to preserve the character of the Town, which is of overwhelming importance to the vast majority of residents. He said these are reasonable restrictions.

Selectman Crawford said he does not agree with this proposal and said he does believe it infringes on property rights, and has heard from many residents who agree. He said that the exemption could be extended to lots larger than 7500 square feet. He said he would consider it with fewer impositions on property owners.

Chairman Barrett said he understands the points made by all who have spoken, but he said he believes that there has been an effect on the character of Lynnfield by clear-cutting of certain properties. He said he is comfortable moving this forward to town meeting and looks forward to a healthy discussion by the voters.

MOTION by Selectman Dalton, duly seconded by Chairman Barrett: I move that the Board vote to recommend Article 8. Vote was 2-1 (Selectman Crawford opposed).

Article 9: This article would amend the zoning bylaws to create an Open Space Residential District. Ms. Cademartori said this bylaw is intended only for new development and resulted from recent developments in which residents objected to the loss of open space. She said this revision would allow developers to preserve more open space by allowing them to build the number of housing units they would be allowed by right currently on smaller lots if they keep the 50 percent of the lot as open space. This is based on the model state bylaw.

She said this will also help in protecting the Town’s water resources and allow common wells and septic systems. A developer can under this bylaw develop in the traditional manner allowed currently after receiving a special permit from the Planning Board.

Mr. Charville said the OSRD would become the by-right standard. He said that this will promote the preservation of open space. He said it would support the preservation of historical structures and natural features. It would not apply in the Residence A districts, which allows for the smallest lots.

Selectman Dalton said he heard from Ms. Cademartori and Mr. Charville at previous meeting and said he believes while the intent is good, in practice it could have negative impacts, by crowding homes near the streets, reducing visual appeal at that level. He said he understands this would preserve more space in the back, but said he cannot support it.

Selectman Crawford said he also raised similar concerns to Planning Board members a couple of weeks ago. He said Lynnfield is accustomed to homes on larger lots. He said that the resulting properties would be of lesser value if this method of development is allowed. He said he understands the intent.

Chairman Barrett agreed with his colleagues’ sentiments.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board vote not to recommend Article 9. Vote was unanimous.

Article 10: Mr. Curtin said this article was submitted by petition and asks that the Town retain the current veterans memorial on the common and restrict any new memorial to that location. It also would limit inclusion on the memorial to veterans who enlisted out Lynnfield. The proponent and the chair of the War Memorial Committee, which has recommended that a new memorial be placed on the lawn at the Historical Center across South Common Street from the common, have made their views known at a recent meeting of the Board.

Selectman Dalton stated that the War Memorial Committee put in two years of hard work involving many of the Town’s most respected residents and veterans and said this article would circumvent the work of the committee. Selectman Crawford and Chairman Barrett agreed. Chairman Barrett said that the committee took in public opinion and that the committee executed its charge. He said that the goal is to honor its servicemen and women. Board members praised the work of committee chair Joseph Connell and the committee.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board vote to not recommend Article 10. Vote was unanimous.

COVID-19 update

Town Administrator Dolan said that Lynnfield is in green status, but statewide over the last week there have been 63 “red” communities, rated at the highest risk. He said the Town has eight new cases in the past few days.

He read the following statement.

In the last eight days, 15 positive COVID-19 cases with a wide range of ages have been reported in the Town of Lynnfield. In the last two days alone, eights cases have been reported. This is of great concern to our community.

As a result of contact tracing related to recent cases, we have identified, for the first time, potential exposure to cases through participation in youth sports activities. As a result, a number of Lynnfield students are under quarantine and their classmates, siblings, teammates and parents are potentially affected as well.

With school in session, our top priority must be preserving our hybrid educational model to ensure that our children continue to receive the benefit of in-person instruction. Due to the local increase in positive cases and contacts, we believe the responsible course is to put youth sports on pause for at least a two-week period to allow for contact tracing to continue and to curtail further spread as much as possible.

High school sports will continue under the supervision of MIAA and the Lynnfield High School administration.

All positive cases involving students continue to be reported to Lynnfield Public Schools If your family is affected, you will be contacted. All protocols for contact tracing and notification have been and will continue to be followed.

For several months, the Town has supported the continuation of youth sports under the state guidelines in order to afford our youth the opportunity to participate as much as possible in these important recreational activities. Youth sports groups have done an outstanding job and have been responsible in following the guidelines. However, with school now in session, these recent events have made it clear that the community must do everything possible to ensure that our children continue to receive the critical in-person instruction that our hybrid learning model affords them.

Safety and health remain our most important concerns. What we have seen over the last few days has made it clear that this pause in youth sports is necessary to give our children the best educational opportunity we can afford them.

Thank you for your understanding.

Robert Dolan, Town Administrator

Kristen Vogel, Superintendent of Schools

Glenn Davis, Emergency Management Director

Richard Sjoberg, Recreation Commission Chairman

He said the Town does not know who might be affected by recent cases, until contact tracing can be completed. Ten students are now under quarantine due to exposures. He said the best interest of the Town is to ensure children can remain in school. He said the School Department is advised of all cases that may affect Lynnfield schoolchildren

Emergency Management Director Glenn Davis said that Lynnfield is among a number of communities in the state dealing with a high level of new cases. He reiterated the best practices residents must adhere to in order to limit the spread. He said the decision to support youth sports was difficult. Mr. Dolan said the decision was made due to the uncertainty of the number of possible positive cases may be in the queue. He said most fall sports schedules are nearing an end. He asked people contacted for contact tracing be as open as possible. Chief Davis said asymptomatic people can still spread the virus.

Board members they support the emergency management team’s recommendations. Chairman Barrett said as a school administrator and parent he believes this is in the best interest of the families of Lynnfield, as he shares the disappointment of those participating in youth sports. He said this can help preserve the school hybrid model and high school athletes.

Appointment of Conservation Commission member

Erin Hohmann attended the meeting for a brief interview. She has been attending Conservation Commission meetings and has the recommendation of the commission. She will replace Paul Martindale, who resigned earlier this year. She said she is concerned with the preservation of the Town’s natural resources. She spent five years on the Boxford Board of Appeals as an alternate member and has worked as a real estate appraiser and has dealt with land use issues.

Board members thanked her for volunteering. Selectman Dalton noted that she had the re4commendation of the existing commission members.

MOTION by Selectman Dalton, duly seconded by Chairman Crawford: I move that the Board vote to appoint Erin Hohmann to the Conservation Commission for a term to expire June 30, 2023. Vote was unanimous.

Request for additional hours on Thanksgiving week, Whole Foods

Whole Foods is requesting extended hours for the morning of Monday, November 23 and the night of Tuesday, November 24 into the morning of Wednesday, November 25. State law prohibits sale of alcoholic beverages outside of hours stated on the applicant’s liquor license. Manager Bill Ford attended, along with Charlotte Woods of National Development. Mr. Ford said the goal is to reduce lines and support social distancing. Ms. Woods said there will be security personnel to assist. Police Chief David Breen said they have dealt very well with extended hours in the past. Board members had no objection.

The proposed hours are as follows: Monday 11/23 6am-11pm (6-7am for seniors);

Tuesday 11/24, 6am overnight through Wednesday 11/25 at 11pm.

MOTION by Selectman Dalton, duly seconded by Chairman Crawford: I move that the Board vote to approve the extended hours for Whole Foods as requested, with the limitation on the sale of liquor as specified in its liquor license. Vote was unanimous.

Change of manager petition, Wakefield Elks

Wakefield Elks is seeking to change its manager to Heidi Madden, who was in attendance, along with Wakefield Elks Exalted Ruler Jonathan Mitchell. Ms. Madden said that Chet Hood, the previous manager, is no longer an officer of the lodge. She is the head of the Board of Trustees,

MOTION by Selectman Dalton, duly seconded by Chairman Crawford: I move that the Board vote to approve the petition for change of manager at the Wakefield Elks to Heidi Madden. Vote was unanimous.

Community Compact grant application for information technology

Mr. Dolan outlined the information technology Community Compact grant proposal. He said this was done in consultation with the School Department, and cannot be for ongoing projects. This grant would be for $50,000 to give employees greater access to payroll, expense reimbursement and tax information. It would also enable online requisitions and purchase orders. This would streamline efforts, enhance records retention and increase budgetary controls. There will be no costs to the Town.

MOTION by Selectman Dalton, duly seconded by Chairman Crawford: I move that the Board vote to authorize the Town Administrator to submit a Community Compact grant application as presented. Vote was unanimous.

Declaration of Assessor’s Map 52 as Lot 000, Plot 1243, on Route 1 South as surplus property

Mr. Curtin explained that the Board must vote to declare this parcel, which contains 11 parking spaces adjacent to Loui’s Pizza, as surplus property prior to town meeting action to authorize its sale by a public bidding process. He said no Town boards or departments have registered an objection to the sale of this property,

MOTION by Selectman Dalton, duly seconded by Chairman Crawford I move that the Board vote to declare Assessor’s Map 52 as Lot 000, Plot 1243, on Route 1 South as surplus property. Vote was unanimous.

Contract agreement with Chief of Police

Town Counsel Thomas Mullen is still preparing a contract amendment reflecting the agreement which the Board reached in the executive session of its last meeting.

Chief David Breen announced that he intends to retire effective February 1, 2021. He said that he has discussed his intentions over several months with the town administrator, and after a number of discussions with his wife. He described his 26 years in Lynnfield, with 10 as chief, has been an “incredible fortune.” He thanked past and present Board members and town administrators and his wife, Robin. He said he has really enjoyed his career here and this is a very difficult decision. He said he is extremely proud of the department and the efforts of the department to expand its services to those with special needs, address school security issues, and a host of other challenges. He said he was pleased to be on the committee that recommended the appointment of Fire Chief Davis, saying he has shown tremendous leadership during the current emergency.

He said he is willing to assist the Town on a volunteer basis should there be an opportunity in the future.

Selectman Dalton said Chief Breen has been a tremendous public servant who has reinvented the role of the chief, working well with other departments. He said he can hold his head high after his service and wished him many years of happy retirement. Selectman Crawford said that the Town was happy that he came here 26 years ago and said he has been a tremendous role model for not only the department but for everyone in the Town. He also wished he and Robin many happy years during his retirement. Chairman Barrett said that the chief’s leadership on a number of issues and his work on school security, much of which cannot be discussed publicly, make the Town a safer place. He said he is among the finest public safety officials. He also thanked Robin Breen for sharing the chief with the Town during days, nights and weekends.

Chief Breen also praised the work of former Superintend of Schools Jane Tremblay on the school security issues.

Mr. Curtin said that it has been a professional and personal pleasure to have worked with Chief Breen as an editor/reporter over the last 26 years and said that he has worked superbly with all Town departments. Mr. Dolan said that he is the toral package as a chief: smart, community-oriented and knowledgeable, working with every group in the community. Chief Davis thanked Chief Breen for his support and willingness to collaborate for the benefit of the Town.

Extension of period for outdoor table service for restaurant and club alcohol licensees

Under the governor’s order of September 2020, local licensing authorities can extend the temporary expansion of premises at restaurants and clubs serving liquor through 60 days after the end of the state of emergency. Mr. Dolan said this will help local businesses and that plans will be evaluated by the emergency management team to ensure it is done properly. Chief Breen said he is not opposed to this proposal, as did Chief Davis. He said the state fire marshal he announced new guidelines for outdoor structures and heating. He said Market Street has been very cooperative on these issues.

Selectman Dalton said Market Street and individual operators have done an outstanding job complying with these safety guidelines. Board members agreed that it is important to support businesses whenever possible.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board vote to approve temporary expansion of premises at restaurants and clubs serving liquor through 60 days after the end of the state of emergency, provided that any plans to introduce outdoor heaters be approved by the Fire Department and Building Department.

Request for executive session under Mass. General Laws Chapter 30A, Section 21 (A) (3) to discuss strategy with respect to litigation, to wit, Boston Clear Water Company Inc. vs. Town of Lynnfield et al; if an open meeting may have a detrimental effect on the bargaining or litigating position of the public body and the chair so declares.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board enter executive session under Mass. General Laws Chapter 30A, Section 21 (A) (3) to discuss litigation strategy for which an open discussion may adversely affect the Town’s negotiating position.

The chairman announced that the Board will not resume regular session.

Roll call vote: Barrett – yes; Dalton – yes; Crawford – yes.

The Board entered executive session at 7:41 p.m. and adjourned at 8:01 p.m.