September 25, 2017 minutes

Meeting date: 
Monday, September 25, 2017

Board of Selectmen

September 25, 2017

Regular Session

H. Joseph Maney Meeting Room,

Town Hall

 

Present:

Christopher Barrett, Chairman

 

Richard Dalton, Selectman

 

Philip Crawford, Selectman

 

Chairman Barrett called the meeting to order at 7:00 p.m. He announced that the meeting was being recorded for transmission by cable television. He led those assembled in the Pledge of Allegiance.

 

Daniel Townsend Award

Chairman Barrett said that the Board would be recognizing one person each year for volunteerism with the newly created Daniel Townsend Award for Excellence. The award is named for the Lynnfield resident who lost his life in the opening days of the American Revolution at the Battle of Menotomy. The first recipient of this award is Arthur J. Bourque III, moderator, chairman of the Recreational Fields Committee, president of Townscape, Inc. and a former selectman. Chairman Barrett said this award could bear Mr. Bourque’s name as he embodies the spirit of volunteerism. He read from the letter by resident Kathryn Price that nominated Mr. Bourque for the award. Selectmen Dalton and Crawford said they could not think of anyone more deserving of this award. Mr. Bourque thanked the Board, saying he was honored and humbled by the award, and thanked Ms. Price for nominating him. He thanked his family for supporting his efforts.

 

Senior Citizen Advisory Committee interview

Betty Iacono appeared before the Board to express her interest in serving on the SCAC. She said she has a deep interest in what is happening to seniors in the Town, and wants to help them create a better life. The Board thanked her for her willingness to serve.

 

Review of fall town meeting warrant articles

Town Administrator James Boudreau reviewed the 14 articles that appear on the fall town meeting warrant (see below):

 

ARTICLE 1. 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 2. 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 for various purposes; or to take any other action in connection therewith.

Submitted by BOARD OF SELECTMEN

 

ARTICLE 3. 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, a sum of money for the design, construction, furnishing and equipping of a clubhouse at the King Rail Reserve Golf Course and site work at that location, or to take any other action in connection therewith.

Submitted by BOARD OF SELECTMEN

 

ARTICLE 4. To see if the Town will raise and appropriate or transfer from available funds, a sum of money for engineering and permitting related to the Beaverdam Brook culvert removal project, or to take any other action in connection herewith.

Submitted by BOARD OF SELECTMEN

 

ARTICLE 5. To see if the Town wil1 raise and appropriate or transfer from available funds, a sum of money for the purchase and equipping of an ambulance, or to take any other action in connection herewith.

Submitted by BOARD OF SELECTMEN

 

ARTICLE 6. To see if the Town will vote to revise the Personnel Bylaw by taking the following steps:

 

    1. Delete, in its entirety, the Personnel Bylaw;

 

    2. Substitute for it all the provisions in the document entitled "Revised Personnel Bylaw" as recommended by the Board of Selectmen and Personnel Board;

 

or to take any other action in connection therewith.

Submitted by BOARD OF SELECTMEN

 

ARTICLE 7. To see if the Town will vote to re-codify the Zoning Bylaw by taking the following steps:

 

1. Delete, in their entirety, the following provisions of the existing Zoning By­ law, sections I - 15, but NOT the Zoning Map:

 

2. Substitute all the provisions in the document entitled " Re-codified Zoning Bylaw" as recommended by the Planning Board;

 

or to take any other action in connection therewith.

Submitted by PLANNING BOARD

 

ARTICLE 8. To see if the Town will vote to amend the re-codified Zoning Bylaw by amending the section entitled " Commencement of Construction or Operation" by Changing the words "SIX MONTHS" to "TWELVE MONTHS";

 

or to take any other action in connection therewith.

Submitted by PLANNING BOARD

 

ARTICLE 9. To see if the Town will vote to amend the re-codified Zoning Bylaw by amending the section regarding the "Lapse" of "Special Permits" by changing the words "TWENTY FOUR MONTHS" to "THIRTY SIX MONTHS";

 

or to take any other action in connection therewith.

Submitted by PLANNING BOARD

 

ARTICLE 10. To see if the Town will vote to authorize, but not require, the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts for special legislation substantially in the form set forth below amending the Town Charter to hold the annual town election the second Tuesday in April of each year:

 

Notwithstanding any general or special law to the contrary and in accordance with the Horne Rule Amendment, Article If,§ 8 of the Articles of Amendment to the Constitution of the Commonwealth, as amended by Article LXXXIX, the Town of Lynnfield petitions the General Court of Massachusetts for a special act to modify the following sections of the Town Charter by deleting the language shown in strikethrough and inserting the words underlined and in bold:

 

Section 6         Town Elections

 

6-1-1 The regular election for all Town offices shall be by official ballot held on the second Monday Tuesday in April of each year.

 

Provided, however that the General Court may make clerical or editorial changes of form only to the bill, unless the Board of Selectmen approves amendments to the bill before enactment by the General Court, and that the Board of Selectmen is authorized to approve amendments which shall be within the scope of the general public objectives of the petition.

 

or to take any other action in connection therewith.

Submitted by BOARD OF SELECTMEN

 

ARTICLE 11. To see if the Town will vote to authorize the Board of Selectmen to sell, pursuant to G.L. c. 30B, § 16, a parcel of town-owned land shown on Assessor ' s Map 52 as Lot 000, Plot 0725 for a price not less than $10,700 with restrictions so as to not allow any structure on such parcel and not to allow the use of any portion thereof to render buildable any adjoining lot that is not independently buildable; or to take any other action in connection therewith .

Submitted by BOARD OF SELECTMEN

 

ARTICLE 12. To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for special legislation, substantially in the form as set forth below, relating to the Board of Selectmen receiving authority to issue additional on­ premises and off-premises alcoholic beverages licenses; provided, however, that the General Court may make clerical or editorial changes of form only to the bill, unless the Board of Selectmen approves amendments to the bill before enactment by the General Court, and provided further that the Board of Selectmen is hereby authorized to approve amendments which shall be within the scope of the general public' s objectives of this petition:

 

"AN ACT AUTHORIZING THE TOWN OF LYNNFIELD TO GRANT ADDITIONAL LICENSES FOR THE SALE OF ALL ALCOHOLIC BEVERAGES"

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

 

SECTION 1. (a) Notwithstanding the provisions of sections 17 and 17A of Chapter 138 of the General Laws, the licensing authority of the Town of Lynnfield is hereby granted five additional annual licenses for the sale of all alcoholic beverages to be drunk on the premises pursuant of section 12 of said Chapter 138.

 

(b) Notwithstanding the provisions of sections 17 and 17A of Chapter 138 of the General Laws, the licensing authority of the Town of Lynnfield is hereby granted

five additional annual licenses for the sale of all alcoholic beverages not to be drunk on the premises pursuant of section 15 of said Chapter 138.

SECTION 2. This act shall take effect upon its passage. or to take any other action in connection therewith.

Submitted by BOARD OF SELECTMEN

 

ARTICLE 13. To see if the Town will vote to authorize the Board of Selectmen to petition the General Court for special legislation to authorize the Town of Lynnfield to sell 630 Salem Street Lynnfield Ma 01940 being a parcel of land containing 0.243 acres more or less also known as parcel number 0829 on the Lynnfield Assessor's Map 52 to the Lynnfield American Legion and or to its assignee to be purchased for the sum of ($1.00) to be used for purposes associated with traditional American Legion uses and/or for uses as a patriotic veterans organization devoted to mutual helpfulness, which shall be conveyed by way of a quitclaim deed at the earliest reasonable time and further to authorize the Board of Selectmen to execute such instruments, agreements and documents and to take such other actions as may be necessary or appropriate to effectuate the purpose of this article, and/or take any other action relative thereto and that the General Court may, with the approval of the Board of Selectmen, make constructive changes in language as may be necessary or advisable to perfecting the intent of this legislation in order to secure passage. The Town of Lynnfield shall retain the right of reverter which it may exercise only after the aforementioned uses have ceased for a period greater than one (I) continuous year, except cease of use due to acts of God;

 

or to take any other action in connection therewith.

Submitted by BOARD OF SELECTMEN ARTICLE 14. To see if the Town will vote to amend the Zoning Bylaws as follows:

Insert/removed text to restore text as approved by Town Meeting, October 20, 2014 as Article 14 with same being approved by NG.

 

Whereas the Zoning Bylaw may undergo extensive changes during Town Meeting the proposed reestablishment of text is to be included in the final Zoning Bylaw upon the close of Town Meeting unless specifically amended during that meeting. Due to expected changes, section numbers have been omitted however the subject text shall be as quoted under the SITING OF RADIO TELECOMMUNICATIONS FACILITIES in the

following subsection:

 

PWSF Preference Installation Types

 

The following list of PWSF Installation Types is presented in order of preference hence forming a hierarchy structure.

8.7.5.3.1 First Preference Type (highest)

PWSF located on existing conforming structures, as permitted in the underlying districts. Panels, antennae and associated equipment may be approved as accessory uses. The intent of the First Preference Type is to allow such facilities to be located in or on structures appropriately screened and/or camouflaged pursuant to this Section 8.7

 

When possible the facility shall be mounted inside an existing structure, modification of a structure may be permitted.

For example, but not limited to, a church steeple which is 20 feet in height then rises 50 feet as a thin spiral tube (antenna), would not be considered an acceptable permitted structure, it is an attempt to skirt around the Section.

 

or what action it will take thereon.

Submitted by PETITION

 

Mr. Boudreau said that the specifics of Articles 1 and 2 are still being prepared. He said that in Article 3, the goal is to have the King Rail clubhouse foundation poured before the first freeze. In Article 4, the design work will cost about $25,000 and the MBTA will do the work. In Article 5, the purchase of a new ambulance was put off in the spring because there were not sufficient retained earnings in the Emergency Medical Services enterprise fund. That balance is now $239,000 and he will probably recommend leaving $50,000 in the account and taking the balance of funds necessary for the purchase from free cash. The free cash would be replenished by a like amount when the EMS fund had sufficient earnings.

 

On Article 11, Mr. Boudreau said the parcel abuts Route 128 and there would be restrictions put on the sale to restrict its use so it could not house any structure or be used to create a new buildable lot. Article 12 would meet the demand for new liquor licenses. The Town is at the quota in all-alcohol package stores and has only one additional restaurant all-alcohol license to grant under the quota. Article 13 would require the act of the state legislature to allow the Town to transfer the former South Library top the American Legion, which would be responsible for its upkeep. Article 14 was submitted by petition and would correct the zoning bylaws to add passages already approved by a previous town meeting. These changes will be captured in the recodification of the zoning bylaws proposed in articles 7-9.

 

On the motion of Selectman Dalton, duly seconded by Selectman Crawford, the Board voted unanimously to close the warrant and include the 14 articles presented.

 

The Board also agreed to start town meeting at 7:00 p.m., instead of the traditional 7:30 p.m. start, as recommended by Moderator Bourque.

 

King Rail Clubhouse project

Selectman Dalton said that the cost of the proposed King Rail clubhouse project is of concern to all Board members, and said he is concerned about moving forward at the coming town meeting. He said the Town has other priorities it must consider and that a project cost of $2.5 to 3 million is very high. Mr. Boudreau said that the cost of the new design is not yet available. Selectman Dalton said a modular design would reduce costs. Mr. Boudreau said the maintenance building would be pre-fabricated. He said $1.5 million is set aside for this project in the Sale of Real Estate Fund, and the Golf enterprise fund has about $60,000 in retained earnings. He said with improved amenities, the income from the King Rail course would go up.

 

Proposed personnel policies

Mr. Boudreau said that town counsel is reviewing proposed personnel policies and that they will be considered at the Board’s next meeting.

 

Gold Star veteran signage

Chairman Barrett reviewed plans to add signage to Todd Lane and Townsend Road to recognize that those streets were named for Gold Star veterans. Other roads in Town named for Lynnfield residents who dies in service of their country would also receive signs. Mr. Boudreau said that costs estimates for the signage was being obtained. The design of the signs was reviewed by the Board with Veterans Services Director Bruce Siegel. He said he worked with residents Louis Trapasso and Helen Breen on the dedication of these signs as part of the Veterans Day observance. Chairman Barrett said the Jordan Road dedication would take place on Patriots Day.

 

On the motion of Selectman Dalton, duly seconded by Selectman Crawford, the Board voted unanimously to approve the designation of Todd Lane and Townsend Road as streets named for Gold Star veterans and that appropriate signage be put in place at those locations.

 

Designation of Town-owned land on Witham Street as surplus

 

 

Mr. Boudreau said that the sale of land on Witham Street proposed in the warrant approved earlier in the evening would require that the Board declare the land as surplus.

 

On the motion of Selectman Dalton, duly seconded by Selectman Crawford, the Board voted unanimously to declare land off Witham Street designated as Assessors Map 52, plot 0725 as surplus.

 

Proposed stop signs on Carpenter Road and Willowdale Drive

The Board received a petition from residents seeking the placement of stop signs on Carpenter Road and Willowdale Drive. Those requests have been reviewed by the Public Works Director and Police Chief, who recommend their placement as requested.

 

On the motion of Selectman Dalton, duly seconded by Selectman Crawford, the Board voted unanimously to amend the Town’s traffic regulations to add the following locations to the schedule of stop signs listed in Section 380-23 (B), “Obedience to isolated stop signs,” the following locations: At intersection of Carpenter Road and Willowdale Drive, facing Northbound; at the intersection of Willowdale Drive and Carpenter Road facing Southbound, and to order the erection of stops signs at these locations.

 

Selectmen update

A Healthy Lynnfield: Selectman Crawford reviewed the Hidden in Plain Sight educational effort at the high school and middle school open houses, and said that the same display will be set up in Town Hall next week. He also said that a fundraising campaign will be started by the Healthy Lynnfield Coalition.

 

Town Administrator Update

Mr. Boudreau said he is working with Town Accountant Julianne McCarthy and the Finance Committee on improving financial data and analysis. He said that the financial transparency program would be online by October 1. Selectman Daltons aid he reviewed the program and was disappointed that it is not as easy to navigate as he had hoped. He reviewed ongoing work on the following projects: flood prevention, the King Rail clubhouse project, and the field improvements project, He said the middle school track project will likely be completed in the spring. Selectman Crawford said that the track will completed this fall except for the final finish.

 

Appointment to Senior Citizen Advisory Council

On the motion of Selectman Dalton, duly seconded by Selectman Crawford, the Board voted unanimously to appoint Betty Iacono to the Senior Citizen Advisory Council.

 

Public Comment

Resident Wayne Perry said that he is not allowed to bring his wife to events at the Senior Center because of state age restrictions on use of these programs. He said Saugus allows residents 55 and old to attend programs.

 

Proclamations

 

On the motion of Selectman Dalton, duly seconded by Selectman Crawford, the Board voted unanimously to declare the weekends in October as Knights of Columbus Tootsie Roll Drive Days and approved the proclamation prepared for the event.

 

Use of Town facilities

On the motion of Selectman Dalton, duly seconded by Selectman Crawford, the Board voted unanimously to permit the use of the common for the annual Veterans Day observance, on Friday, November 10, 2017.

 

On the motion of Selectman Dalton, duly seconded by Selectman Crawford, the Board voted unanimously to permit the use of the Town Hall Parking lot by the Lynnfield Moms Group for a Trunk-or-Treat event on Saturday, October 21, 2017, subject to any restrictions required by the Director of Public Works and Police Chief.

 

On the motion of Selectman Dalton, duly seconded by Selectman Crawford, the Board voted unanimously to adjourn at 7:52 p.m.