September 27, 2016 minutes

Chairman Crawford called the meeting to order at 7:01 p.m. Chairman Crawford announced that the meeting was being recorded for transmission by cable television.

Interview for Cultural Council

Erin Howard appeared before the Board to interview for a vacant position on the Cultural Council. She is an attorney and has been involved in local music and drama and would like to serve the community. Chairman Crawford thanked her for coming forward and said her resume in impressive.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to appoint Erin Howard to a vacant position on the Cultural Council, the term of which expires on June 30, 2017.

Resignation from the Recreation Commission

Frank DeLisi submitted a letter of resignation from the Recreation Commission to the Board, explaining that he is moving out of Town. On behalf of the Board, Chairman Crawford thanked him for his years of service and said he was a great asset to the Recreation Commission.

Interview for Recreation Commission

Michael Cuddy appeared before the Board to interview for a vacant position on the Recreation Commission. He is an outgoing commissioner of the Lynnfield Men’s Softball League and has coached youth baseball, lacrosse and softball and has been an active volunteer in the Cub Scouts program. Chairman Crawford thanked him for coning forward and said he has been endorsed by the chair of the Recreation Commission.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to appoint Michael Cuddy to a vacant position on the Recreation Commission, the term of which expires on June 30, 2019.

Golf clubhouse design discussion

John Savasta, president, and Kia Savasta, treasurer and vice president, respectively, of CSS Architects of Wakefield appeared before the Board to discuss the design of the proposed clubhouse at King Rail Reserve Golf Course.

Mr. Savasta reviewed the process for receiving an Order of Conditions from the Conservation Commission and the civil engineering documents. He said the proposed location of the clubhouse building is near the ninth hole, and that the roadway would be 400 feet long and would require regrading to accommodate water flow coming off the impervious surface. The original clubhouse design called for eight to nine feet of fill with storage under the building. In the new proposal, the building would be built on a slab with storage in a metal building. The clubhouse would be a wood-frame, stick-built building with a bar, small dining area, kitchen, pro shop and manager’s office. There would be a patio for outdoor dining. The storage building would have an agricultural look and accommodate the storage and repair of equipment, unheated except for the mechanic’s area.

Cost estimates are $850,000 to $900,000 for the clubhouse building, not including kitchen equipment and furniture. Mr. Savasta spoke to golf league participants who want snacks and pub-style food such as burgers and hot dogs. The cost estimate for the storage building is $650,000 to $675,000, including site work. These site works costs are astronomical due to the need for a subterranean water management system to treat the water, reduce its flow and release the water into the wetlands. The cost of the 400-foot roadway is $85,000 to $95,000 for grading, paving, lighting, utilities and water management. The total project cost would be $2,470,000 to $2,565,000, which Mr. Savasta acknowledged was well above the $1.7 million estimate.

Mr. Savasta said that one option is to list the equipment building as an alternate, and put it off or a year or two or look at a different site. This would save $85,000 to $95,000 in site costs. If approved, the project would be ready to be bid in late winter with an early spring construction. Phasing of the site work and construction work to accommodate the golf season is a consideration.

Chairman Crawford thanked Mr. Savasta his work but said that the proposal was far too high to consider for a nine-hole golf course, even after the changes that reduced the proposal from the initial $3.3 million plan. He said that Director of Golf Operations Donald Lyons said that the maintenance and storage building is the most immediate need. He suggested tabling the request for funding on the October town meeting warrant, and bidding out the two buildings as separate projects. He said that the course could utilize trailers in the interim as long as there is a more permanent bathroom facility. He suggested getting bids and bringing hard estimates to the annual town meeting. He does not want to deplete the Sale of Real Estate fund in order to fund this project. He noted the cost of the field house at the High School was $1.1 million.

Selectman Barrett agreed with this approach and asked if a smaller storage building would suffice, and what savings might be realized. Mr. Savasta said that the site work is the most daunting cost. He said moving the location of the storage building might save on site work, but would have to be reviewed by the Conservation Commission. He said that a different location on the golf site might raise objections from neighbors.

Chairman Crawford asked about the need for a full-paved road, Mr. Savasta said that the Fire Department wants the paved road for access.

Selectman Dalton said that while the design looks great, he was taken aback by the price. He said he thinks it is time to step back and think out of the box. He cannot support a $2.6 million project for a nine-hole municipal golf course, as there are other needs in Town and these funds could be better spent elsewhere. He suggested getting a working group together to review the matter. He noted that the state Prevailing wage Law adds about 25 percent to the construction cost. He discussed attracting a vendor to provide the bar and food service.

Chairman Crawford said that there should be a focus on reducing the scope and providing alternatives. He would like to have a bid out before April, and the bathroom situation addressed in the interim. Mr. Boudreau said he would discuss leaving the roadway with a permeable surface to reduce site costs. Mr. Savasta said that he would look to working with the Conservation Commission on a new Order of Conditions and reducing the size of both buildings. Mr. Boudreau said that reducing the cost of the site work is the most important goal.

Resident Wayne Perry suggested placing a Request for Information on the state’s CommBuys site to find out how other communities are handling similar projects.

Request to park commercial vehicles overnight on Elizabeth Way

Chairman Crawford said that a film crew working on the film “Bridgewater” has requested that they be allowed to park commercial vehicles on Elizabeth Way overnight during the filming of a scene of that movie at a house on that street. Mr. Boudreau said that the production company representative said that they may have to bring in trucks after 6:00 p.m. Overnight parking of commercial vehicles is not allowed unless the Board votes to approve a waiver from the parking regulations.

James Luc of the production company said the filming at that location is scheduled for Thursday, October 13, between 10:00 a.m. and 6:00 p.m. If the schedule changes due to rain or another circumstance, that date could change. One day of preparation and one day of wrapping up is needed. Those can take place during daytime hours. He said he spoke to residents of Elizabeth Way, except for those who live at the two houses furthest from the location, and they had no objections.

Board members suggested meeting with those residents as well and coming before the Board at its October 3 meeting.  Selectman Dalton asked that all homeowners on the street, from Taylor Terrace to the end of the cul de sac, be asked to sign off on the plan before the Board votes. Mr. Boudreau said that the producers met with the police and fire chiefs. A police detail will be provided, and Fire Chief Mark Tetreault suggested a change in the location of truck parking so emergency vehicle access is not impaired.  Mr. Boudreau said that he worked with Mr. Luc when he filmed at a site in Norwell and found him to be very responsive.

Conflict of interest disclosure from Board of Appeals member

Board of Appeals Chairman Thomas Aylward field a disclosure with the Board regarding a case that has come before the Board that involves a parcel of land abutting a parcel owned by Mr. Aylward. Mr. Aylward is seeking to participate in the discussion of the case as an interested party after recusing himself as a Board member. Mr. Aylward sought the advice of town counsel on the matter as well as the general counsel to the state Ethics Commission. On this advice, he filed a disclosure for which would allow the Board to indicate a finding that his conflict on this matter did not interfere with his duties as a Board member. Chairman Crawford said that the form as presented, if approved, would allow Mr. Aylward to participate as a Board member in the case. The general counsel at the Ethics Commission said that Mr. Aylward may recuse himself and participate as a citizen by right, without Board approval.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to find that Mr. Aylward’s conflict was sufficient to bar his participation in the matter as a Board member.

Request to increase the number of liquor licenses in the Town of Lynnfield

Chairman Crawford said a request to have the Town consider petitioning the Legislature to increase the number of liquor licenses in the Town by amending the quota has been withdrawn. He said that the Board is moving to rescind the pouring license held by the Fat Cactus, which has closed. The process to increase the number of licenses takes several months. If there is a demand, it would make sense for the Town to have additional licenses available. This issue could be brought forward at the annual town meeting.

Closing of the fall town meeting warrant

Mr. Boudreau presented the fall town meeting warrant to the Board. He said language had changes on the article addressing short-term rental of single-family homes, and said an article has been added to provide funds to the Department of Public Works to remove hazardous bleachers at the Middle School and address monitoring wells at the High School site and fire suppression at the sewage treatment plant at the Middle School. An article was added to allow the Fields Committee to seek engineering funds for cost estimates for remaining projects. Two articles were added to allow the Board to set speed limits in certain zones without state approval, as provided for in the Municipal Modernization Act. Two articles from a previous draft, which would have allowed for additional funds to be placed in the Other Post-Employment Benefits (OPEB) fund, and the article seeking funds for the construction of the King Rail golf clubhouse, as discussed previously.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to close the warrant, as presented is below:

L Y N N F I E L D   T O W N   W A R R A N T

THE COMMONWEALTH OF MASSACHUSETTS

TOWN MEETING – OCTOBER 17, 2016

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 the Middle School Auditorium, and in the Cafeteria and Gymnasium, if necessary, on Monday, October 17, 2017 at 7:30 p.m. then and there to act on the following articles:

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 2017 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 required improvements to school grounds and athletic facilities, or to take any other action in connection therewith.

                                                Submitted by BOARD OF SELECTMEN

ARTICLE 4. To see if the Town will vote to appropriate by transfer from receipts reserved for appropriation a sum of money to be expended under the discretion of various town boards, committees, or officers; or to take any other action in connection therewith.

                                                Submitted by BOARD OF SELECTMEN

ARTICLE 5. To see if the Town will vote, pursuant to G.L. c. 40, § 15A and all other applicable legal authority, to transfer from the Board of Selectmen to the Board of Library Trustees the care, custody, management and control of the land on Summer Street shown on that certain plan of land entitled “Plan of Land 175 Summer Street Lynnfield, MA” and dated July 8, 2016, consisting of 149,146 square feet, more or less, according to such plan, the Board of Selectmen having determined that such land is no longer needed for golf course purposes, provided that the Board of Library Trustees shall hold and use such land for the purpose of constructing and operating a new library building, or to take any other action in connection therewith.

                                                Submitted by BOARD OF LIBRARY TRUSTEES

ARTICLE 6. To see if the Town will vote to amend the Zoning Bylaws by adding the underlined text below to Section 4.1:

“In a Single Residence A, B, C and D District, the following uses are permitted:

“1.       Residential use of a one family detached house, with not more than one such house located on any lot, provided that no such property shall be leased or rented for a period of thirty (30) days or less unless specifically authorized by the Board of Appeals under Section 4.1.1.3, below.”

and by replacing Section 4.1.1.3, which currently authorizes a special permit for the following use:

            “3.       Tourist home, boarding or lodging house (but not including             overnight cabins, motels or hotels),”

with the following new, underlined text:

                        “3.       Intentionally Omitted.”

and by adding the underlined text below to Section 5.1.5:

“In Single Residence A, B, C and D District, the following uses are hereby specifically declared to be customary ‘accessory uses’ within the meaning of this bylaw:

…

“5.       The regular renting of rooms or the furnishing of table board in a dwelling by prearrangement to not more than five (5) persons, provided that no such renting shall be for a period of thirty (30) days or less.”

or to take any other action in connection therewith.

                                                            Submitted by BOARD OF SELECTMEN

ARTICLE 7. To see if the Town will vote to amend § 13.6 of the Zoning Bylaws, entitled “Fines,” by repealing the text thereof and replacing it with the following:

“Any violation of these Zoning Bylaws shall be punishable by a fine of Three Hundred Dollars ($300), and in the sole discretion of the Building Inspector may be made the subject of non-criminal disposition pursuant to G.L. c. 40, § 21D.  Each day such violation continues shall constitute a separate offense.  Such fines shall be recovered as provided by law and shall enure to the Town of Lynnfield.”

or to take any other action in connection therewith.

                                                            Submitted by BOARD OF SELECTMEN

ARTICLE 8. To see if the Town will vote to petition the Legislature to enact legislation to require the Massachusetts Bay Transportation Authority (the “MBTA”) to:

grant a perpetual, non-transferable license to the Town for the purpose of cleaning, enlarging, expanding, removing, replacing, renovating, removing debris and blockages from, and otherwise maintaining and rendering useful, at the sole expense of the Town, the culverts located beneath the railroad bed owned by the MBTA and located in that part of the Town known as “Reedy Meadow,” provided that the Town furnish the MBTA with an environmental insurance policy of the kind described in G.L. c. 23A, § 3I(a), such license to be granted at no cost to the Town and without any requirement that the Town furnish any other form of insurance, or any  defense, indemnification or hold-harmless agreement with respect to any claims, injuries, costs, damages or other relief arising out of or related to the pre-existing release or threat of release of oil or hazardous materials, as those terms are defined in G.L. c. 21E, at or from the said railroad bed;

provided, that the Legislature may reasonably vary the form or substance of the requested legislation within the scope of the general public objectives of this petition; or to take any other action in connection therewith.

                                                            Submitted by BOARD OF SELECTMEN

ARTICLE 9. To see if the town will revise the dog licensing fees as currently listed in

Section ​115-7 of the Town’s general bylaws by deleting the following:

            “D. Any owner or keeper of a dog who shall fail to comply with the provisions of this section by March in any year shall be subject to a penalty of $10 per dog.”;

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, or appropriate by transfer from available funds or by borrowing, or from any or all such sources, a sum of money for engineering services related to the Town-wide recreational fields program, or to take any other action in connection therewith.

                                                Submitted by BOARD OF SELECTMEN

ARTICLE 11. To see if the Town will vote to accept the provisions of G. L. c. 90, § 17C, which would allow the Board of Selectmen, in the interests of public safety and without further authority, to establish a speed limit of 25 miles per hour on any roadway inside a thickly settled or business district in the city or town on any way that is not a state highway; or to take any other action in connection therewith.

                                                            Submitted by BOARD OF SELECTMEN

ARTICLE 12. To see if the Town will vote to accept the provisions of G. L. c. 90, § 18B, which would allow the Board of Selectmen, in the interests of public safety and without further authority, to establish designated safety zones on, at or near any way in the city or town which is not a state highway, and with the approval of the department if the same is a state highway. Such safety zones shall be posted as having a speed limit of 20 miles per hour; or to take any other action in connection therewith.

                                                            Submitted by BOARD OF SELECTMEN

Mr. Boudreau gave a brief description of each article.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to recommend approval of Article 3.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to recommend approval of Article 4.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to recommend approval of Article 5. Chairman Crawford said this would be the next step in applying for a state grant, and Selectman Dalton said that town counsel will draft an agreement between the Board and the Board of Library Trustees on the transfer of the land to the library.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to recommend approval of Article 6.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to recommend approval of Article 7. On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to recommend approval of Article 7.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to recommend approval of Article 8. Chairman Crawford said that Rep. Bradley Jones Jr. is working to set up a meeting with Town officials and the MBTA on this issue.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to recommend approval of Article 9.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to recommend approval of Article 11.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to recommend approval of Article 12.

The Board deferred action on Articles 1, 2 and 10 to await final numbers on these matters.

Appointment of election officers

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to appoint the following election officers, as recommended by Town Clerk Trudy Reid: Elizabeth Basile, Colin Day, Susan Cullen, Carol MacKendrick, Shirley Sicillano, Wendy Larovere, Ellen Giannetti, Anne Patriquin, Kelly Foley, Phyllis Trippe.

Update on Needham Road zoning case

Chairman Crawford said that the warrant article would address short-term rental of single-family homes. He said the Board of Appeals will take up the Needham Road case in November. He said that that board would determine whether the use at that location was legal under the Town’s current zoning bylaws, and if so, this would mean this use would be grandfathered under state law.

Community Compact discussion

Mr. Boudreau said the Town received $22,000 for the capital plan consultant and $5,000 to assis5t with financial transparency efforts. The Town is ineligible to apply for a Best Practices grant next year because of the award it received in that category this year. Other categories include technology and regionalization efforts. Mr. Boudreau spoke with department heads about possible area for which Community Compact assistance could be pursed. Among the possibilities are replacement of copper wire with fiber optic cable for the fire alarm system; making inspectional services applications and payment available online; tying in the Town’s Geographical Information System software with assessing data. He said the Town could pursue regionalization of other services, due to the success of the inspectional services it shares with Wakefield.

Mr. Boudreau said the application process is rolling at is open until March 1. Selectman Dalton said several people have mentioned the GIS tie-in to him as a possibility.

Public comment period

Veterans Services Director Bruce Siegel said there was an unsuccessful attempt by vandals to remove the plaque for the war memorial in recent days. The Department of Public Works found the plaque nearly unattached and has removed it to be stored.

Use of Town facilities

The Board received an application to use the common for a private birthday party on November 13, 2016. The application asked that pony rides be allowed for this event. Mr. Boudreau said the Department of Public Works is not in favor of this application. As a rule, the Town does not allow the common to be used for private purposes, and there were concerns about clean up if a pony was brought to the common. Board members agreed that the pony could not be allowed, and that the common should not be reserved for private functions. Mr. Boudreau said that the petitioners can use the common as any other citizen would on that day.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to approve the use of the common on November 11, 2016 from 10:00 a.m. to 1:00 p.m. for the annual Veterans Day observance.

One day liquor licenses

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to approve a one-day liquor license for the Knights of Columbus, Post Office Square, on November 10, 2016 for a Lynnfield Art Guild function.

On the motion of Selectman Barrett, duly seconded by Selectman Dalton, the Board voted unanimously to approve a one-day liquor license for the Knights of Columbus, Post Office Square, on November 12, 2016 for a private party.

Request for executive session under Mass. General Laws Chapter 30A, Section 21 (A) (3) to discuss collective bargaining strategy for which an open discussion may adversely affect the Town’s negotiating position

Chairman Crawford announced that the Board is requested to enter executive session to discuss collective bargaining with Town employee bargaining units, a public discussion of which would adversely affect the Town’s bargaining position. He said that the Board will not be returning to open session following the executive session.

On the motion, of Selectman Barrett, duly seconded by Selectman Dalton, the Board unanimously voted to enter executive session under Mass. General Laws Chapter 30A; Section 21 (A) (3) to discuss collective bargaining strategy for which an open discussion may adversely affect the Town’s negotiating position. A roll call vote was taken: Selectman Barrett – aye; Selectman Dalton – aye; Chairman Crawford – aye.

The Board entered executive session at 8:27 p.m. and adjourned at 8:49 p.m.