October 17 2022 meeting

Chair Crawford called the meeting to order at 6:00 p.m. He stated that the meeting is being recorded for cable television transmission. He asked those in attendance to join him in the Pledge of Allegiance.

Presentation of development agreement on the Sagamore age-restricted housing development proposal

This item was postponed to the October 19 meeting.

Presentation on proposed revision of the Scenic Road Bylaw

Planning Board member Page Wilkins presented on the proposed warrant article that would revise the Scenic Roads Bylaw. She said the bylaw was originally adopted in 2015 and there has since been some confusion about its purpose, what items or properties are subject to the bylaw, and the procedure to submit items for review. The revised bylaw clarifies that it only affects items on Town property or in the public right of way, and only trees and stone walls. The revisions also make clear the role of the Town Engineer, who determines, the right of way, lists the roadways that are subject to the bylaw, and revises the purpose statement. Applicants must go to the Planning Board before taking down a tree, paving, or making changes to a stone wall when constructing a driveway. Applicants must submit a plan that specifies the nature of the work proposed. It also will allow for the temporary removal of a stone wall as long as it is restored to its previous state, as long as the Department of Public Works is notified and inspects the final product.

Mr. Connell said these changes are straightforward. Mr. Dalton said the clarifications are beneficial.

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that the Board vote to accept the article as presented for inclusion in the warrant. Vote was unanimous.

Review of potential town meeting warrant articles

Asst. Town Administrator Bob Curtin conducted a brief review of the warrant articles received. The warrant will close next Monday night, with petition articles due on Thursday to allow for the verification of signatures by the Town Clerk.

The proposed warrant is as follows:

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 relation thereto.

                                                            Submitted by SELECT BOARD

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 2023 Fiscal Year for various purposes; or to take any other action in relation thereto.                                                                                                                                  Submitted by SELECT BOARD

ARTICLE 3. To see if the Town will vote to transfer a sum of money from Golf Enterprise Funds retained earnings to supplement appropriations for Groundmaster 4700 Rough Cut Mower and Workman HDX-4WD Vehicle in the Fiscal Year 2023 capital budget; or to take any other action in relation thereto.

                                                            Submitted by SELECT BOARD

ARTICLE 4. To see if the Town will vote to raise and appropriate or appropriate by transfer from available funds, a sum of money to pay for the upgrade of the public safety fiber-optic network; or to take any other action in relation thereto.

                                                            Submitted by SELECT BOARD

ARTICLE 5. To see if the Town will vote to raise and appropriate or appropriate by transfer from available funds, a sum of money to pay for repairs and improvements to the Lynnfield High School septic treatment system, or to take any other action in relation thererto.

                                                            Submitted by SELECT BOARD

ARTICLE 6. To amend the Zoning District Map of the Town of Lynnfield entitled “Zoning District Map Town of Lynnfield Massachusetts September 18, 2019” as amended to date by changing from Single Resident District D (RD) to Elderly Housing District (EH), the parcel of land off Main Street, Lynnfield, shown as Lot 1 on a plan entitled “Plan of Land, Main Street, Lynnfield, Mass.” drawn by Hayes Engineering, Inc., Scale: 1” = 100’, dated October 25, 2021, recorded in the Essex South District Registry of Deeds as Plan Book 40797, Page 69, and more particularly described as follows.

Lynnfield Assessor’s Parcel ID: 0013 0000 1000

A certain parcel of land situated in the Town of Lynnfield and City of Peabody, County of Essex, Commonwealth of Massachusetts, described as follows:

Beginning at the northwesterly corner of the premises herein described at a point on the southeasterly sideline of Main Street;

Thence proceeding S42°48'08"E, a distance of one hundred eighty-three and 14/100 (183.14) feet to a point, said point is a drill hole in a stonewall;

Thence proceeding S41°40'32"E, a distance of one hundred eighty-one and 06/100 (181.06) feet to a point, said point is a drill hole in a stonewall;

Thence proceeding N52°08'51"E, a distance of one hundred sixty-six and 82/100 (166.82) feet to a point, said point is an iron pipe in stones;

Thence proceeding N78°08'48"E, a distance of one thousand ninety and 84/100 (1090.84) feet, crossing the town line to a point, said point is stone wall;

Thence proceeding S03°20'28"W, a distance of two hundred fifty-three and 29/100 (253.29) feet to a point;

Thence proceeding S10°59'28"W, a distance of two hundred fifty-eight and 44/100 (258.44) feet to a point;

Thence proceeding S11°57'08"W, a distance of eighty-seven and 92/100 (87.92) feet, crossing the town line to a point, said points is a drill hole in a stone wall;

Thence proceeding S05°02'37"W, a distance of one hundred fourteen and 34/100 (114.34) feet to a point;

Thence proceeding S06°30'57"W, a distance of two hundred and 45/100 (200.45) feet to a point;

Thence proceeding S02°40'42"W, a distance of twenty-nine and 22/100 (29.22) feet to a point;

Thence proceeding N87°21'10"W, a distance of two hundred twenty-two and 51/100 (222.51) feet to a point;

Thence proceeding N75°39'18"W a distance of thirty-six and 31/100 (36.31) feet to a point;

Thence proceeding N66°48'10"W, a distance of one hundred seventeen and 51/100 (117.51) feet to a point;

Thence proceeding S49°57'32"W, a distance of two hundred sixty-four and 86/100 (264.86) feet to a point;

Thence proceeding S25°29'50"E, a distance of one hundred twenty-seven and 32/100 (127.32) feet to a point;

Thence proceeding S06°22'32"W, a distance of two hundred seventy-three and 64/100 (273.64) feet to a point;

Thence proceeding S56°11'31"W, a distance of one hundred seventy-nine and 12/100 (179.12) feet to a point;

Thence proceeding N79°46'10"W, a distance of thirty-nine and 62/100 (39.62) feet to a point;

Thence proceeding N42°51'18"W, a distance of one hundred eighty-four and 53/100 (184.53) feet to a point;

Thence proceeding N35°52'04"W, a distance of three hundred thirty-nine and 91/100 (339.91) feet to a point;

Thence proceeding N65°39'11"W, a distance of three hundred ninety-nine and 18/100 (399.18) feet to a point;

Thence proceeding N58°09'04"W, a distance of four hundred fifteen and 19/100 (415.19) feet to a point, said point being the easterly sideline of Main Street;

Thence proceeding N32°13'00"E along the easterly sideline of Main Street, a distance of six hundred twenty-three and 66/100 (623.66) feet to a point;

Thence proceeding northeasterly in a clockwise direction along a curve on the easterly sideline of Main Street, having a radius of seven hundred ninety-five and 00/100 (795.00) feet and an arc length of one hundred eighty and 19/100 (180.19) feet to a point, and place of beginning.

Excluding the area located in the City of Peabody, comprising 0.149 +/- acres.

Containing an area to be Rezoned of 35.943+/- acres (1,565,699 +- sq. ft.).

Being a portion of land of Sagamore Spring Real Estate Trust by deed recorded in Book 4078 Page 442 at the Essex South District Registry of Deeds.

or what action it will take thereon.

                                                            Submitted by PETITION

ARTICLE 7. To amend Section 11.5 Definitions Individual Meanings in Chapter 260 Zoning Bylaw, by deleting the definition of “Housing For The Elderly” in its entirety and replacing said section with the following:

HOUSING FOR THE ELDERLY - Buildings which contain one or more dwelling units consisting of a room or suite of rooms, its own bath and toilet facilities, and its own kitchen facility. A building may also include central kitchen and dining facilities for providing meals to residents thereof and their guests but not to the public and may also provide lounge rooms and recreational facilities for the common use of residents and their guests. In one of such buildings, a unit may be included for occupancy by the manager of the project and his immediate family, one room of which may be used as an office, and except for the unit to be occupied and used as aforesaid by the manager, no unit in such building shall be occupied unless at least one person who is 55 years of age or over. No housing for the elderly development shall contain more than 136 independent dwelling units. Children under the age of 18 years of age are prohibited from occupying or residing in any of the elderly housing dwelling units on a permanent basis.

or to take any other action relative thereto.

                                                Submitted by SELECT BOARD

ARTICLE 8.  To see if the Town will vote to appropriate a sum of money for the demolition of the existing South Lynnfield Fire Station and the design and construction of a new fire headquarters, and the remodeling, enlargement, reconstruction, rehabilitation, improvement, alteration, construction of additions to and extraordinary repair of the existing police, fire and Town Hall complex, including the cost of engineering, architectural and other services for feasibility studies, plans and specifications, and the cost of original equipment and furnishings of the said buildings, and landscaping, paving and performing other site improvements incidental or related thereto, and for costs related to the rental and/or purchase, and furnishing and/or equipping, of temporary space for police, fire and other Town governmental operations during the said demolition and construction projects; to determine whether to fund this appropriation by raising and appropriating some or all of said amount from tax levy, by transferring funds from existing accounts, and/or by authorizing the Treasurer with the approval of the Select Board to borrow under G.L. c. 44, §7(1) or any other enabling authority and to issue bonds and/or notes of the Town therefor, such funds to be expended under the direction of the Select Board; and provided further that any appropriation and debt authorization hereunder shall be subject to and contingent upon an affirmative vote of the Town of Lynnfield to exempt the amounts required for the payment of interest and principal on said borrowing from the limitations on taxes imposed by G.L. 59, §21C (Proposition 2½); or to take any other action relative thereto.

Submitted by SELECT BOARD

ARTICLE 9. To see if the Town will authorize the Select Board to enter into a lease agreement with the United States Postal Service for the rental of the so-called South Hall/South Post Office building at 598 Salem Street, for a period not to exceed 25 years; or to take any other action relative thereto.

                                                            Submitted by SELECT BOARD

ARTICLE 10. To see if the Town will vote to appropriate by transfer from available funds, a sum of money for the design and construction of a clubhouse at the King Rail Reserve Golf Course, and for site work necessary for the completion of this project; or to take any other action relative thereto.

                                                            Submitted by SELECT BOARD

ARTICLE 11. To see if the Town will vote to amend the General Bylaws by:

1. deleting Article II of Chapter 143, entitled “Board of Health Fees;”
2. deleting Chapter 200, entitled “Smoking”; and
3. deleting from the “Schedule of Violations, Fines and Enforcing Officers” in § 58-3, entitled “Noncriminal disposition of violations,” the final two entries which relate to the Board of Health and its regulations;

or to take any other action relative thereto.

Submitted by SELECT BOARD

ARTICLE 12. To see if the Town will vote to petition the Massachusetts General Court to enact the following special act:

AN ACT PROVIDING FOR ALTERNATE MEMBERS OF THE CONSERVATION COMMISSION OF THE TOWN OF LYNNFIELD

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:  Notwithstanding section 8C of chapter 40 of the General Laws, the select board of the town of Lynnfield may appoint not more than 2 alternate members to the conservation commission of the town to serve staggered terms not to exceed 3 years.  The chair of the conservation commission may designate an alternate member to sit on the commission in the case of absence, inability to act or conflict of interest on the part of a member of the commission or, if there is a vacancy on the commission, until the vacancy is filled pursuant to said section 8C of said chapter 40.

Section 2:  This act shall take effect upon its passage.

provided, that the General Court may reasonably vary the form and 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 CONSERVATION COMMISSION

ARTICLE 13. To see if the Town will vote to amend Article VI, Chapter 217 of the Code of the Town of Lynnfield, “Scenic Roads,” as set forth in a document entitled “Scenic Roads Bylaw Revision,” on file with the Town Clerk, and in the “2022 Fall Town Meeting Handout Booklet”;

or to take any other action relative thereto.

                                                            Submitted by PLANNING BOARD

Approval of ballot language for special town election

Under state law, the Select Board must approve any ballot question related to a debt exclusion and provide the language to the Town Clerk at least 30 days prior to the election, which is scheduled for December 6. To meet state law and to provide the Town Clerk ample time to provide ballots in advance of the election, we are asking that this language be approved, as it has been approved by Town Counsel, Bond Counsel and the Town Accountant.

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that the Board vote to approve the ballot language for the special town election on the proposed debt exclusion for the public safety building project. Vote was unanimous.

Approval of special town election warrant

In anticipation of the last vote, the Clerk has prepared the proposed ballot of the December 6 special election.

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that the Board vote to approve the December 6, 2022 special election ballot as presented by the Town Clerk. Vote was unanimous.

Approval of state election warrant

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that the Board vote to approve the November, 2022 special election ballot as presented by the Town Clerk. Vote was unanimous.

Approval of agreement between Town of Lynnfield and American Federation of State, County and Municipal Employees, AFL-CIO, Council 93, Bus Drivers and School Custodians

This item was postponed to the October 19 meeting.

Appointment of election workers

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that the Board vote to appoint Robert Look as an election worker. Vote was unanimous.

Use of Facilities applications

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that the Board vote to approve the use of the common on November 11, 2022 for the Town’s Veterans Day observance.

Proclamations

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that the Board vote to approve the proclamation of Diwali/Festival of Lights weekend. Vote was unanimous.

MOTION by Mr. Connell, duly seconded by Mr. Dalton: I move that the meeting be adjourned. Vote was unanimous.

The meeting was adjourned at 6:21 p.m.