April 12 2022 meeting

Meeting date: 
Tuesday, April 12, 2022

Select Board

April 12, 2022

Regular Session

Maney Room, Town Hall

 

Present:

Richard Dalton, Chair

 

Absent:

Philip Crawford, Vice Chair

Joseph Connell, Member

 

Chair Dalton called the meeting to order at 7:00 p.m. He announced that the meeting was being recorded for cable television and led those in attendance in the Pledge of Allegiance. Mr. Connell was not present for the first portion of the meeting.

 

Commendation: Lynnfield High School boys hockey team

Coach Jon Gardner and his assistant coaches and members of the Lynnfield High School boys varsity hockey team were on hand to receive commendations. Mr. Gardner reviewed the team’s season, which included among the highlights the team’s first Cape Ann League championship since 2005 and a strong postseason tournament run. He said the team was always prepared, paid attention to detail and learned from their mistakes. He said the players were fierce competitors who filled him with pride and admiration.

 

Mr. Dalton said he enjoyed the intense two-way hockey and said that Mr. Connell was unable to attend as he had business of the West Coast. Mr. Crawford said he watched the playoff games and was incredibly impressed. He said the team’s success was a credit to the p-layers, coaches and families.

 

Mr. Dalton read the citation, which follows:

 

WHEREAS:

The 2021-2022 Lynnfield Boys Hockey Team achieved an impressive record of 19 wins, four losses and one tie, and during this season won the Farleigh S. Dickinson Jr. Tournament championship and a Cape Ann League championship, the first for the team since 2005; and

 

WHEREAS:

The team’s remarkable 108 goals scored versus only 47goals allowed – a differential of +61 – reflects a remarkable level of offensive and defensive talent and teamwork that led the team to a berth in the Final Four of the Massachusetts Division 3 state tournament; and

 

WHEREAS:

These laudable accomplishments are a reflection on the dedication of the athletes, coaches and parents whose commitment and effort is necessary for such high achievement;

 

WHEREAS:

Under the direction of Coach Jon Gardner and Assistant Coaches Jay Gardner, Scott McGrane and Harry Providakes, and the student leadership of Captains Chase Carney and Janssen Sperling, and Assistant Captains Drew Damiani, Patrick Barrett, Aidan Burke and Will Steadman, the team, including Evan Fitzemeyer, Jack Neenan, Jake Calvani, Ryan Hooper, Owen Kennedy, Evan Rocha, Nick Lucich, Aidan Norton, Jake Connell, Jay Carpenter, Will Norton, Lucas Cook, Joe Raffa, Jarret Scoppettuolo, Dylan Damiani, Timmy Sullivan, Tyler Scoppettuolo and Phineas Mitchener, demonstrated high levels of skill, dedication and sportsmanship that stand as a credit to the team, the league and the community.

 

 

THEREFORE:

We, the Select Board of the Town of Lynnfield do hereby offer our congratulations and those of the Town for their achievements.

 

Dated this 12th day of April 2022

 

Consider reduction of quorum for 2022 annual town meeting

Under the Acts of 2022, Chapter 22 Section 15, towns may continue to reduce their town meeting quorums to as low as 10 percent of the total quorum in recognition of the continuing COVID-19 epidemic. After consultation with the Board chair and moderator, who must also approve any quorum reduction under the provision of this Act, Town Administrator Rob Dolan is proposing a reduction in the quorum requirement for the upcoming May 16 annual town meeting from 175 voters to 150 voters.

 

MOTION by Mr. Crawford, duly seconded by Mr. Dalton: I move that that pursuant to the Acts of 2022, Chapter 22 Section 15, the Board vote to reduce the quorum for the annual town meeting in 2022 to 150 voters. Vote was 2-0 (Mr. Connell absent).

 

Presentation of proposed warrant articles and closing of annual town meeting warrant, including petition articles

Assistant Town Administrator Robert Curtin provided a brief synopsis of the warrant articles. Local attorney Timothy Doyle was hand to answer any questions about the article presented by petition, for rezoning to elderly housing district a portion of Ramsdell Way.

 

The articles appear below:

 

ARTICLE 1. To act on reports of Town officers and special committees as published; or to take any other action in connection therewith.

                                                            Submitted by SELECT BOARD

 

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; or to take any other action in connection therewith.

                                                            Submitted by SELECT BOARD

 

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; or to take any other action in connection therewith.                               

                                                            Submitted by SELECT BOARD

 

ARTICLE 4. To see if the Town will vote to raise and appropriate or appropriate by transfer from available funds, sums of money to supplement certain accounts in the current 2022 Fiscal Year where balances are below projected expenditures for various reasons; or to take any other action in connection therewith.

                                                            Submitted by SELECT BOARD

 

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 SELECT BOARD

 

ARTICLE 6. 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 SELECT BOARD

 

ARTICLE 7. 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 SELECT BOARD

 

ARTICLE 8. 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 SELECT BOARD

 

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 SELECT BOARD

 

ARTICLE 10. 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 2023 from persons using said service; or to take any other action in connection therewith.

                                                            Submitted by SELECT BOARD

 

ARTICLE 11. 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 2023 from persons using the golf courses; or to take any other action in connection therewith.

                                                            Submitted by SELECT BOARD

 

ARTICLE 12. To see if the Town will vote to raise and appropriate, transfer from available funds, or borrow a sum of money, to be expended under the direction of the Select Board and the Public Safety Building Committee, for architectural and engineering designs, plans and other specifications, bid documents, permitting and any associated costs related to the renovation of the existing Police and Fire Station and Town Hall at 55 Summer Street and the building of a new Public Safety Building, and for any costs in connection therewith and, for the purpose of meeting such appropriation, to authorize the Town Treasurer, with the approval of the Select Board, to borrow said sum in accordance with Chapter 44, Section 7(1) of the Massachusetts General Laws, or any other enabling authority and to issue bonds or notes of the Town therefor, or to take any other action in connection therewith.

                                                            Submitted by SELECT BOARD

 

ARTICLE 13. 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 2023.

Revolving Fund                                   Maximum Expenditure

Council on Aging                                $  50,000

Board of Health                                  $  15,000

Library                                                $  10,000

Recreation                                           $325,000

Public Works – Fields                         $  75,000

Public Works – Merritt Center           $  10,000

 

or to take any other action in connection therewith.

                                                            Submitted by SELECT BOARD

 

ARTICLE 14. To see if the Town will vote to amend Chapter 143 of the General Bylaws, entitled “Fees,” by making the following changes and additions.

 

            ARTICLE V                             FIRE DEPARTMENT FEES

 

            EMERGENCY MEDICAL SERVICES FEES

            Mileage charge per mile                                             $     50.00

            Basic Life Support                                                      $1,650.00       

            Advanced Life Support 1                                            $2,150.00        $2,350

            Advanced Life Support 2                                            $3,150.00        $3,450

           

or to take any other action in connection therewith.

                                                                        Submitted by SELECT BOARD

 

ARTICLE 15.  To see if the Town will vote, pursuant to G.L. c. 41, s. 81U, to appropriate from the proceeds of a bond posted by Hannah’s View Estates, LLC as security for the construction of ways and the installation of municipal services in the Sagamore Place subdivision, the sum of $167,372 for the purpose of completing such construction and installation, and to authorize the Planning Board to take all such other and further measures as may be necessary or appropriate to accomplish the purpose of this Article; or to take any other action in connection therewith.

                                                                        Submitted by PLANNING BOARD

 

ARTICLE 16.  To amend the Zoning District Map of the Town of Lynnfield entitled “Zoning District Map of the Town of Lynnfield dated September 18, 2019” as amended to date by changing from Single Resident District B to Elderly Housing District (EH), the parcel of land off Ramsdell Way, Lynnfield, containing 182,471 Square Feet, or 4.189 Acres as shown on a plan entitled “Sketch Plan of Land in Lynnfield” dated March 24, 2022  drawn by Hayes Engineering, Inc., being a portion of Lynnfield Assessor Parcel ID 0055 0944, a copy of which is on file with the Town Clerk, and bounded and described as follows:

 

Description of Area to be Rezoned to “Elderly Housing District”

Beginning at the easterly corner of the parcel at a point on the southerly sideline of Ramsdell Way; thence running

S56°55'04"W a distance of 176.96 feet; thence turning and running

N68°37'28"W a distance of 34.62 feet; thence turning and running

S87°04'04"W a distance of 74.70 feet; thence turning and running

S65°12'22"W a distance of 41.00 feet; thence turning and running

S36°07'18"W a distance of 212.45 feet; thence turning and running

N60°14'15"W a distance of 307.01 feet; thence turning and running

N39°50'03"E a distance of 504.47 feet; thence turning and running

S42°09'27"E a distance of 40.00 feet; thence turning and running

S75°40'19"E a distance of 198.25 feet; thence turning and running

N74°56'26"E a distance of 50.00 feet to a point on the southerly sideline of Ramsdell Way; thence turning and running

S15°03'34"E along said sideline a distance of 89.66 feet; thence running

Southeasterly along said sideline on a curve turning to the left with an arc length of 133.39 feet, with a radius of 220.00 feet, to the point of beginning.

Containing an area of 182,471 Square Feet, or 4.189 Acres.

 

or what action it will take thereon.

                                                                        Submitted by PETITION

 

Mr. Curtin said most of the articles before the meeting appear each year. He said the departures include Article 12, which asks voters to appropriate funds for engineering and other studies necessary for the proposed creation of a new public safety building at the intersection of Salem Street and Summer Street and the existing fire and police stations on Summer Street; Article 14, which would increase certain ambulance fees to bring them into line with those of other carriers in the region; Article 15, which would authorize the Planning Board to use all or a portion of a bond posted by a developer to complete work on the Hannah’s View Estates subdivision on Main Street should the developer not complete the required roadways and other Town-obligated work, and the rezoning petition article.

 

Attorney Doyle explained that the development on Ramsdell Way was originally granted a comprehensive permit from the Zoning Board of Appeals in 2010 under the state’s Chapter 40B law. It was to be completed in two sections, of which 22 units in the first section have been built, of which six are designated affordable units. The developer is seeking to not complete the remaining 18 units, and is asking instead to develop 16 units for elderly housing there, which would require rezoning of that land for that purpose. He said that the current project is underwater financially and is no longer viable with the requirement that some of the remaining units be sold at less than market price. He said the developer has tried to sell the property to be developed under the comprehensive permit, but in three cases, a prospective buyer walked away due to the financial issues. He said the proposal would include completing the first phase of the project. He said he has spoken with the owners of the existing units and is seeking to meet with the other residents of Ramsdell Way. He said the support from the present owners for this plan was tepid, due to the desire to see the developer complete the work on the existing development.

 

In response to questions from Board members, Attorney Doyle said he has had preliminary talks with the Planning Board on the matter and said the timeline to get to town meeting is compressed. He said he was brought on as attorney in mid-March, and that he anticipates a lot more information will be available. He is scheduled to go before the ZBA on May 3, and will not seek an amendment to the comprehensive permit unless town meeting approved the rezoning article.

 

Mr. Crawford said he does not have a problem with the concept of affordable housing but said there are still many hurdles to clear, including completion of Phase I and the amendment of the comprehensive permit. He said the current residents have brought their concerns to Board members, and that their issues should be addressed.

 

Mr. Daltron says he is familiar with this project from his service on the Panning Board. He said it is necessary that the remaining issues with the current development be addressed, He and Mr. Crawford both said that the road ahead is a tough one.

 

Attorney Doyle said that the developer is well aware of the issues raised, and he thinks some can be addressed prior to town meeting. He said his office was retained solely for the rezoning issues.

 

Salem Street resident Erin Hohmann asked if 25 percent of the units would be affordable. Mr. Doyle said that six of the 22 units in the first phase are affordable units; the 16 to be developed under the present proposal would all be market rate.

 

MOTION by Mr. Crawford, duly seconded by Mr. Dalton: I move that the petition articles be referred to the Planning Board for public hearing. Vote was 2-0 (Mr. Connell absent).

 

MOTION by Mr. Crawford, duly seconded by Mr. Dalton: I move that the Board close the warrant and include all warrant articles as presented. Vote was 2-0 (Mr. Connell absent).

 

Review of bids for land sale on Broadway, Assessors Map 52 Parcel 1243

Chair Dalton explained that after the Board declared a parcel of Town land on Route 1, currently rented to Loui’s Pizza for use as a parking as surplus property, town meeting in 2020 approved the sale of the lot by sealed bid with the usual restrictions that the lot cannot be combined with any other lots to create a new buildable lot, and no structures can be built on the lot.

 

The land availability was duly advertised, posted on the Town website and in the state’s Central Register. A single bid was received by the current owners of Loui’s Pizza. The bid exceeded the minimum bid price, set based on an independent evaluation of the land value. The Board’s action is required to proceed with the sale.

 

MOTION by Mr. Crawford, duly seconded by Mr. Dalton: I move that the Board award the contract for the sale of the tax title land shown as Parcel 1243 on Assessors’ Map 52, consisting of 3,920 square feet, more or less, to the high bidder, Illias Kotsaninis and Leonora Kotsaninis, Trustees of the 470 Broadway Realty Trust, for the sum of $115,000, provided that the deed shall provide that no structure shall be built on the premises, and no combination of the premises, nor any part or parts of the premises, with any adjoining lot shall render buildable any lot that is not independently buildable under the applicable Zoning Bylaws. Vote was 2-0 (Mr. Connell absent).

 

Review of amendment to ambulance fees

Mr. Curtin said Fire Chief Glenn Davis is proposing an increase to the ambulance fees to keep pace with rates charged by nearby communities and to defray the increasing costs associated with provision of these services.            

            Advanced Life Support 1                                            $2,150.00 to $2,350

            Advanced Life Support 2                                            $3,150.00 to $3,450

 

This action will come before town meeting for approval.

 

Use of facilities applications

a. Common, May 21, Lynnfield Library Friends used book sale

b. Common, June 3, Lynnfield Library fabric dyeing

 

MOTION by Mr. Crawford, duly seconded by Mr. Dalton I move that the Board vote to approve the Use of Facilities requests as presented subject to any conditions that may be placed on them by the Police Chief or Public Works Director. Vote was 2-0 (Mr. Connell absent).

 

Recess until election results

 

The Chair announced that the meeting would be in recess until the tabulation of the annual town election ballots.

 

Election results and reorganization of the Board

The Chair declared that the Board was back in session. Town Clerk Linda Emerson announced the preliminary election results. For Select Board, Mr. Dalton received 967 votes and Robert Gillon received 386 votes.  In the contested School Committee election, Stacey Dahlstedt received 933 votes, Richard Sjoberg received 853 votes and Carrie Luongo received 576 votes. Other races were uncontested. Ms. Emerson swore in Mr. Dalton, Ms. Dahlstedt and Mr. Sjoberg.

 

Mr. Dalton thanked the voters of Lynnfield and promised to represent all residents and di his best to act in the best interests of the Town. He thanked his family members and friends who supported him in the campaign. He thanked those who endorsed and supported his candidacy. He said he is looking forward to the next few years and said it has been a pleasure serving with his colleagues, Mr. Crawford and Mr. Connell, and past member Christopher Barrett.

 

Election of chair, vice chair and clerk

MOTION by Mr. Dalton, seconded by Mr. Crawford: I move that the Board vote to elect Philip Crawford as chair. Vote was 2-0 (Mr. Connell absent).

 

MOTION by Mr. Dalton, seconded by Mr. Crawford: I move that the Board vote to elect Joseph Connell as vice chair. Vote was 2-0 (Mr. Connell absent).

 

MOTION by Selectman Crawford, seconded by Mr. Dalton: I move that the Board vote to name Richard Dalton as clerk. Vote was 2-0 (Mr. Connell absent).

 

Mr. Crawford congratulated Mr. Daltron on his election victory and his outstanding work as chair, especially during the COVID pandemic, in which he showed great leadership.

 

MOTION by Mr. Dalton, seconded by Mr. Crawford: I move that the meeting be adjourned. Vote was 2-0 (Mr. Connell absent).

 

The meeting was adjourned at 9:17 p.m.