September 21, 2020 minutes

Chairman Barrett called meeting to order at 7:02 p.m. He announced it was being recorded via Zoom, for cable television transmission. He congratulated and thanked Selectman Dalton and Selectman Crawford and all participants in the Rally for Recovery held this past weekend.

Postponement of closing of fall town meeting warrant

Moderator Joseph Markey said that the annual town meeting was successful and that the plan is to conduct the fall town meeting in the same manner. Selectman Dalton agreed and said it was well-conducted and safe. Selectman Crawford said it went very well. Chairman Barrett thanked Mr. Markey, Town Administrator Robert Dolan, Assistant Town Administrator Robert Curtin and Town Hall staff.

After discussion with the Town Moderator, the Town Administrator is recommending that the Board consider holding its fall town meeting on Saturday, October17 at 10:00 a.m. at the Lynnfield High School football field, in much the same manner as the annual town meeting was held this spring. Town Counsel Thomas Mullen has suggested that the best way to move the meeting two days ahead of its charter scheduled date is to call a special town meeting for that date, and not hold the meeting on the prescribed fall date.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board vote to call a special town meeting for Saturday, October 17 at 10:00 a.m. at the Lynnfield High School football field and school facility, and that the quorum for that meeting remain at 50 voters, as specified in the Board’s motion of June 17, 2020. Vote was unanimous.

Work was not completed on a few of the town meeting warrant articles.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board vote to postpone the closing of the October 17, 2020 special town meeting warrant to Monday, September 28 at 6:00 p.m. Vote was unanimous.

2020 Daniel Townsend Award

The Board has received nominations for the 2020 Daniel Townsend Award for Excellence. Chairman Barrett recommended the award be given to Fred Santangelo, Council on Aging member, and Betty Adelson, Open Space Committee member. Both have a long history of service to the Town. Mr. Santangelo was involved in youth sports and the Recreation Commission for years and also served on the Public Works Advisory Committee. Ms. Adelson was the longtime Conservation Administrator and has continued to volunteer her time for several Town projects.

Chairman Barrett read the following:

Fred Santangelo

Fred Santangelo moved to Lynnfield in 1962, and he and his wife, Gloria, a well-known educator, raised their family here. Fred had been a standout football player and track-and-field performer at Lynn Classical High School, where he is a member of the Hall of Fame, and received an athletic scholarship to Wake Forest. He later served as a line coach at Lynn Classical and remains involved in his college alma mater as a member of the Demon Deacons club.

He has been tapped time and time again for Town officials for important committees due to his dedication, wisdom and positive attitude. He has served for more than a decade on the Council on Aging, where he has worked closely with director Linda Naccara and his fellow board members to expand programs for local seniors. His work for the Town’s senior population also included serving on the Board of Directors for LIFE. He has also served on the Town’s Personnel Board and Public Works Support Committee.

Fred also excelled professionally, as a manager for AVCO – later Textron - working on defense systems such as the Minuteman missile.

Fred was a longtime fixture in the local youth sports community, as a youth football and baseball coach for several years, and served on the Lynnfield Junior Sports Board of Directors.

As a parishioner at St. Maria Goretti Church, he has served as a Eucharistic minister and usher, and was a member of the Capital Improvements Committee. He is also a Past Grand Knight at the Lynn Valladolid Council #70 Knights of Columbus.

Betty Adelson

Betty Adelson and her husband, Jack, moved to Lynnfield on New Year’s Eve in 1986 with their young family and both quickly became involved in the Lynnfield community.

Betty was hired by the Conservation Commission as a clerk in 1988, for seven hours a week. She shared a desk, phone and typewriter with the Planning Board clerk. She quickly immersed herself in the field, and as the work of the Commission expanded, so did Betty’s knowledge and commitment. She took courses at Salem State College and through the Massachusetts Association of Conservation Commissions, and studied on her own as well. By the time she retired in 2018, she was a much-respected expert on wetlands and conservation issues and was an ambassador in the community for conservation and open space. You could often find Betty in the field or at Town Hall working long after regular work hours.

Betty has also been involved in a large number of civic organizations, including the local PTO organizations, as president of the Lynnfield Flower Workshop, as a board member of Townscape, Inc., as a past president with jack of the Lynnfield Couples Club, and as a member of the Lynnfield Historical Society, the Lynnfield Athletic Association, and the Tercentennial Committee.

She remains active in Town government as a volunteer member of the Open Space Committee, where her knowledge, insight and enthusiasm are invaluable.

Selectman Dalton said both recipients are well deserving of the honor. Selectman Crawford agreed and said it has been a pleasure knowing and working with them.

Chairman Barrett said the two 2020 recipients and the 2019 recipients, David Drislane and H. Joseph Maney, will be honored in person at an upcoming meeting.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board vote to name Fred Santangelo and Betty Adelson as the 2020 recipients of the Daniel Townsend Award for Excellence. Vote was unanimous.

Application for Keno license by Lynnfield Mobil, 793 Main Street

The Lottery Commission has notified the Board that Lynnfield Mobil at 793 Main Street has applied for a Keno license. Under state regulation, the Board can object to the granting of the license, but must do so within 21 days of receipt of the notice (notice was received on September 10. Board members said they had no objections to the granting of the license, and said that the same ownership holds a Keno license at Center market on Main Street.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board vote to hold a hearing on the application for a Keno license by Lynnfield Mobil, 793 Main Street, on September 28 at 7:05 p.m., via Zoom. Vote was unanimous.

Market Street holiday hours

Charlotte Woods of Market Street was on hand to request holiday hours.

The requested hours are listed below.

11/27/2020 Friday 8:00am-10:00pm 11/28/2020 Saturday 10:00aml0:00pm 11/29/2020 Sunday 10:00am-8:00pm 11/30/2020 Monday 10:00am-9:00pm 12/1/2020 Tuesday 10:00am-9:00pm 12/2/2020 Wednesday 10:00am-9:00pm 12/3/2020 Thursday 10:00am-9:00pm 12/4/2020 Friday 10:00am-9:00pm 12/5/2020 Saturday 10:00am-9:00pm 12/6/2020 Sunday 10:00am-6:00pm 12/7/2020 Monday 10:00a m-9:00pm 12/8/2020 Tuesday 10:00am-9:00pm 12/9/2020 Wednesday 10:00am-9:00pm 12/10/2020 Thursday 10:00am-9:00pm 12/11/2020 Friday 10:00am9:00pm 12/12/2020 Saturday 10:00am9:00pm 12/13/2020 Sunday 10:00am-8:00pm 12/14/2020 Monday 9:00am-10:00pm 12/15/2020 Tuesday 9:00am-10:00pm 12/16/2020 Wednesday 9:00am-10:00pm 12/17/2020 Thursday 9:00am-10:00pm 12/18/2020 Friday 9:00am-10:00pm 12/19/2020 Saturday 8:00am-10:00pm 12/20/2020 Sunday 8:00am-10:00pm 12/21/2020 Monday 8:00am-10:00pm 12/22/2020 Tuesday 8:00am-10:00pm 12/23/2020 Wednesday 8:00am-10:00pm 12/24/2020 Thursday 8:00am-5:00pm

In addition to holiday retail hours, .Market Street is also seeking approval for our restaurants to stay open until 1:30AM on New Year’s Eve, December 31, and 1:00am Sunday, February 7, 2021 for the Super Bowl.

Board members said they did not object to the hours other than the extension beyond 1:00 a.m. There was some question about whether the Board had voted similar hours last year; the Board returned to the topic later in the meeting after Mr. Curtin researched the record and found the Board had not granted a closing time past 1:00 a.m., Ms. Woods said she would amend the request to reflect a latest closing time of 1:00 a.m.

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board grant the holiday hours requested by Market Street with the following modifications: closing time for restaurants on December 31, 2020 and February 7, 2021 will be 1:00 a.m.

Discussion of Chapter 61 process regarding Richardson Green property, Main Street

Planning Board member Kate Flaws and resident Ken McNulty, a member of the Ipswich River Watershed Association board, made a presentation on the Town’s options in exercising or assigning its right of first refusal on the purchase of land on Main Street at which the Richardson Green residential development is planned. The Town has this right as the land has been taxed at the discounted Forestry rate and is now planned for development.

Mr. McNulty said several residents have banded together to work on this issue. He said they believe the loss of this open space would be significant to the Town. They encourage the Town to exercise the right of first refusal to protect the water supply and greenscape. He noted the proximity to the Lynnfield Center Water District wellfields and private wells of residents, as well as preventing additional withdrawals from the endangered Ipswich River watershed. Preservation would be consistent with the Town’s master plan and open space and recreation plan. He said this land is in the groundwater protection district and abuts conservation land and Lynnfield Center Water District land.

Ms. Flaws said the Town has time to undertake due diligence on the matter as the 120-day deadline is suspended due to the State of Emergency. The purchase price is based on the sale agreement of the landowner and the developer, at $2.7 million. She said the Town could partner with the Greenbelt trust in this effort. If the Town bonded the purchase, the cost would be $32 per year for the average household over a 10-year period. She said this could be reduced by applying for grant funds for preservation of open space and water sources. She outlined the available programs. One grant could be applied for by the Lynnfield Center Water District. She said the financing of the purchase could be offset by the sale of house lots in less sensitive locations within that property, as well as private fundraising. The Conservation Commission also has a fund containing $300,000 for the protection of land.

Christopher LaPointe, Director of Land Conservation for the Essex County Greenbelt Association, said towns regularly buy land for conservation purposes in Essex County, and that his organization works with them to seek state and private funds to assist with this effort. He said Boxford recently made a purchase of land through the Chapter 61 process, with funds from the Town, local resident donations, and private grants and state grants.

Ms. Flaws said abutting landowners will be left in the lurch if this project moves forward. The previous proposal for this property, an elderly housing development, would have required for a well-regulated public drinking supply, while the current proposal of single-family homes would have unregulated individual wells. The LCWD has sent a letter expressing its concern about this potential use of the property, as has the Ipswich River Watershed Association. She said the loss of this land would change the character of the community.

Chairman Barrett said that the Town is in strong financial position, but any expenditure will have to be weighed against other operating and capital needs.

Planning Board Chairman Brian Charville said he agrees with presentation but the Planning Board and Conservation Commission have not taken an official position on the matter. In response to questions from the Board, Ms. Flaws said the working group has not discussed the matter with the Strategic Planning Committee. Ms. Flaws said the group has just started a public relations effort and will be looking into grant opportunities and get a sense of support from the community.

Selectman Crawford said he has discussed the matter with members of the working group and agreed that the Town should look into this issue. He said that the LCWD supply issue is of great concern. He asked Mr. LaPointe to elaborate on the option of assigning the Town’s rights and the grant timetable. Mr. LaPointe said that grants are not available or awarded at the same times and may not line up with the Town’s meeting timetable. The suspension of the deadline under the state of emergency will aid the Town. He said most grants are reimbursement grants, based on the Town’s authorization of project costs. He said the Town should look toward applying for grants during the first quarter of 20201 and aim for a town meeting vote that spring. He said Essex Greenbelt can help with funding but will not take assignment without a plan for funding. He said it would require careful coordination to ensure all Chapter 61 requirements are followed and that the grant application and other funding deadlines are observed.

Selectman Crawford said he is eager to hear from the Planning Board and Conservation Commission on the matter. Chairman Barrett agreed that the Board must do its due diligence and said many people have reached out to him. Selectman Dalton asked if any of the grant programs have been suspended or on hiatus due to the state of emergency and its impact on the state budget. Mr. LaPointe said he has not heard that any grant programs have been reduced. He said this project would score well on grant applications.

Mr. Dolan said the next step would be setting a public hearing on whether the Town should exercise its Chapter 61 prerogative. He said tonight’s purpose was hearing from the citizen committee. Planning and Conservation Director Emilie said that due diligence has begun, and that the land owner should be informed of the timeline as a courtesy.

Discussion of proposed warrant articles

Mr. Curtin briefly described the articles under consideration for inclusion in the fall town meeting warrant: an article for the payment of bills for the prior fiscal year; an article that would file legislation that would change the charter to rename the Board of Selectmen to Select Board and otherwise amend the charter to reflect gender-neutral language; and article to authorize the Board to extend the term of the Town’s existing agreement with Reading Municipal Light Department for the provision of electrical power to a portion of Lynnfield; an article to allow for the sale by auction of Town-owned land adjacent to Loui’s Pizza on Broadway currently leased by the Town to that business for parking; an article adopting existing fees for various departments into the Town’s bylaws; and article that would authorize the Board to take by eminent domain or purchase the “Smith Farm” property on Lowell Street; and a n article submitted by petition that would ask the Town to vote to have all current and future war memorial displays to remain on the common.

Planning and Conservation Director Emilie Cademartori discussed two articles submitted for inclusion by the Planning Board: one which would amend the zoning bylaws to create an Open Spacer Residential District, and an article that would add a Tree Preservation Bylaw.

Ms. Cademartori said that both articles are aimed at preserving Lynnfield’s natural open space. The OSRD bylaw would require that 50 percent of the land in a subdivision be set aside for open space, with the remainder of the parcel developed with the number of units that would be allowed under the traditional zoning. This article would also preserve trees. Town Counsel is assisting in putting these articles in final form.

Planning Board Chairman Brian Charville said that Planning Board member Edward Champy is a residential developer with practical experience in this area. Mr. Charville said this would allow developers an option other than cookie-cutter subdivision plans with clear-cutting of trees. He mentioned recent developments such as the one on Tuttle Lane and on Green Street that resulted in the widespread cutting of trees. Under the bylaw, if adopted OSRD would become the by-right residential subdivision, with the traditional subdivision allowed with a special permit from the Planning Board. He said this approach has been in place in other communities for decades. He said this change will not result in the rezoning of any lot, and would apply to all residential development.

Mr. Champy said that this provides the developer with options and can provide a benefit to the landowner. Selectman Dalton said that he wishes to maintain the character of the Town. He said if the houses are clustered in the front of a subdivision along the street, it changes the visual appearance of the neighborhood. Mr. Charville said preserving 50 percent of the land from any development is a huge environmental win. Mr. Champy said that a developer would not harm the value of his land by creating a subdivision plan with poor aesthetics. Selectman Crawford said he shared Selectman Dalton’s concerns about density near the street and said there should be some flexibility to look at each subdivision as an entity.

Mr. Charville said that the tree bylaw is coupled with OSRD and has the same general goal. It would restrict activities with trees along the borders of a lot to protect abutters, and would require an arborist’s opinion. There is a mechanism to allow for the removal of diseased trees and trees that are a safety hazard, and those removing trees would be able to replant trees at another location or pay into a tree fund.

Discussion of War Memorial project

The Board is in receipt of a petition objecting to the current plans to place the new War Memorial on South Common Street across from the Common. The petitioner, Paul Donato, a member of the War Memorial Committee, and Joe Connell, chair of that committee, were on hand for the meeting.

Chairman Barrett said that Mr. Connell chaired the War Memorial Committee and thanked him for his service to the nation and to the Town. He also thanked Paul Donato for his service.

Mr. Donato identified himself as Commander of American Legion Post 131. He said he circulated the petition to keep the war memorial on the common and that 99 percent of those he spoke with on the subject preferred this approach. He said many who signed are veterans or are related to veterans. He called for updating and upgrading of the existing memorial, saying there is more than sufficient space in that section of the common to do so. He also said he is opposed to allowing exceptions to the policy of limiting those honored to those who enlisted out of Lynnfield; allowing others who lived in Town but did not enlist from outside of Lynnfield could result in hundreds of requests for inclusion.

Mr. Connell said the committee presented four designs to the Board and hosted many meetings which members of the public could have attended. The committee voted three times to approve the site across from the common in front of the Historical Center. He said funds were appropriated by the Town for the design, which is about one-third complete. He said he would not recommend changing designs after three years of work. He said the proposal would augment, not replace the existing memorial and would incorporate a historical overview of each conflict as well as the roll of honor.

Selectman Dalton said he is disappointed there is not a consensus among the veterans on the site and design. He said everyone wants to honor them appropriately. Selectman Crawford thanked Mr. Connell for the presentation. Veterans Services Director Bruce Siegel said that the committee and Board have both voted to approve this design. Board members agreed that no action was needed.

Resignation from War Memorial Committee

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board accept with regret the resignation of Jason Kimball from the War Memorial Committee. Chairman Barrett and Board members thanked him for his service and his dedication to the Town of Lynnfield.

COVID-19 update from Town Administrator

Town Administrator Dolan gave a brief update on the Town’s status. He said trends are improving but residents must remain vigilant. He said he hopes and expects the Town will no longer be in the “red” status next week. He said that the School Committee is preparing to meet on Thursday morning to make any necessary changes, and hopes to go to the hybrid instructional model on October 1. Chairman Barrett asked residents to follow the guidelines to help make sure students will be able to return to the classrooms

MOTION by Selectman Dalton, duly seconded by Selectman Crawford: I move that the Board adjourn. The Board adjourned at 9:04 p.m.