Published in the June 8, 2017 edition

By DAN TOMASELLO

LYNNFIELD — In the wake of ongoing traffic issues, Lynnfield’s MarketStreet Advisory Committee (MSAC) discussed the possibility of having the Massachusetts Department of Transportation (MassDOT) overrule the Wakefield Zoning Board of Appeals decision that prohibits MarketStreet from advertising the mall via Exit 42 on Route 128.

The MSAC held its first meeting June 1, which served as an organizational meeting. The committee consists of chairwoman Jennifer Bayer, vice chairwoman/clerk Paula Parziale, Anne Mitchell, Jocelyn Fleming, Wally McKenzie, Sal Yerardi, Taidgh McClory, John Gioiso, Philip Doucette, Anthony Ferullo, Planning Board member Brian Charville, Finance Committee member Gene Covino and Police Chief David Breen.

“It’s important for us and the selectmen to work together to make sure MarketStreet is a success now and in the future,” said Bayer.

Selectman Dick Dalton is serving as the selectmen liaison to the committee, and will also be a non-voting member.

“I will be participating in conversations and will give the committee help when it’s needed,” said Dalton.

Dalton gave an overview of several issues the MSAC will be reviewing over the next few months including Exit 42 signage, traffic, a proposed cinema, medical building, the berm and noise issues.

“These are different issues or concerns residents have brought up,” said Dalton. “It is not our intent to debate them or resolve them this evening.”

Traffic

As part of an effort to alleviate traffic congestion, Dalton said the town should reach out to MassDOT to see if the Wakefield Zoning Board of Appeals decision prohibiting MarketStreet from advertising the outdoor mall via Exit 42 can be overturned.

“The issue is on Saturdays and Sundays, traffic coming to MarketStreet is backed up on the highway,” said Dalton. “I think with MassDOT, we would have a good argument that it is probably in the best interest of public safety to advertise the other exit.”

MSAC member Wally McKenzie attended the Wakefield Zoning Board of Appeals meeting when the matter was discussed. He recalled Wakefield was upset with Lynnfield’s decision that forces UPS drivers to turn left when coming out of Kimball Lane.

“National Development wanted a sign by the Colonial on Audubon Road,” said McKenzie. “What the Board of Appeals said was ‘if we give you a sign, you have to agree that nobody in that complex is going to advertise Exit 42.’ I don’t know how you can get around that.”

Police Chief David Breen proposed discussing the issue further with MassDOT officials. However, when National Development wanted to advertise MarketStreet on Route 128 three years ago, Breen said MassDOT representatives told the selectmen “they can’t direct people off the highway to a private development.”

“That was the impetus of naming the first 20 feet of the road Market Street,” said Breen. “The problem with the Wakefield location is that is still the case. I think Wakefield will not be willing to go along with it. It’s the curse of the left turn UPS.”

Colonial Village resident Dave Miller noted he previously served on the Lynnfield Zoning Board of Appeals for over a decade. After reviewing the Wakefield ZBA’s decision pertaining to Exit 42, Miller said, “I think that Board of Appeals exceeded its jurisdiction.”

Dalton noted MarketStreet guests have been driving fast around King Rail Drive. Breen said the outdoor mall is looking to install portable speed bumps to help alleviate the problem.

“They are going to be installed along King Rail Drive,” said Breen.

Dalton also noted the town is looking into seeing if MassDOT will install “smart traffic lights” at the Market Street and Walnut Street intersection as well as the Salem and Walnut street intersection.

“It would be more responsive as opposed to having a set cycle,” said Dalton. “That is something we will be discussing down the road.”

Dalton said the town has discussed conducting another traffic study. He said the “traffic study would be done on behalf of the town as opposed to the developer.”

Theater

Dalton said the MSAC will be closely monitoring whether National Development submits a warrant article for October Town Meeting that would amend the development agreement in order to allow a cinema to be constructed.

National Development Managing Partner Ted Tye submitted and withdrew a proposed warrant article for April Town Meeting that would have enabled an 800-seat cinema to be built next to Gaslight. The article, which was submitted the day the selectmen closed the April Town Meeting warrant, was widely criticized by local officials and residents.

“If they come back in October, which they said they are planning, this will be the fifth time they will be asking to break the development agreement,” said McKenzie. “This very much irritates the neighborhood.”

Medical building

Planning Board and MSAC member Brian Charville said National Development recently presented the medical building project to the Planning Board. While Charville noted its referred to as the Lahey building, he said National Development told the Planning Board the company has not signed any leases with prospective tenants.

According to Charville, the medical building would be approximately 40,000 square feet and would have two floors. He said the building will be located in the parking lot behind Williams Sonoma and Pottery Barn. He said the building’s first floor will include an urgent care center and retail shops. The second floor will include medical offices.

In response to a question from MSAC member Philip Doucette, Charville said National Development “will be taking some and adding some” parking spaces.

The berm

Dalton noted the berm located between MarketStreet and Walnut Street has frustrated many neighbor residents. He said many residents believe “the berm does not comply” with the project’s design standards.

“When the development first came before the Planning Board when I served on it at that time, there was a lot of discussion about the berm and the expectations for it,” said Dalton. “It’s something we are going to look at and hope to address.”

McKenzie said the “design standards need to be tightened up.” He said National Development told MarketStreet’s neighbors the berm would “hide” the outdoor mall, but said that is not the case.

Noise regulations

Dalton, who lives at MarketStreet Apartments, said noise issues have been a problem in the area, particularly from landscapers and delivery trucks during the morning.

“You don’t have the Route 128 roar in the background at those very early hours, so the noise carries a longer distance,” said Dalton.

Dalton said noise caused by snow removal is also a problem. Breen said the Police Department is working with MarketStreet officials to try and find a place to relocate snow that would accommodate the needs of Walnut Street, Colonial Village and MarketStreet Apartments’ residents.

“Snow removal has certainly been an issue,” said Breen.

In response to a question from Charville, Breen said the Police Department has also received noise complaints relating to music.

Public comment

Bourque Road resident Mark McDonough said he has a nephew who lives on Alexandra Road, which has enabled him to witness traffic issues first hand.

“Traffic is horrendous,” said McDonough.

McDonough, who volunteered to serve on the MSAC but was not appointed to the committee, accused Dalton of having a conflict of interest because he is the selectmen liaison to the committee and lives at MarketStreet Apartments.

Dalton said he is “tired” of McDonough’s conflict of interest allegations. He said Town Counsel Tom Mullen gave him a written opinion stating there is no conflict of interest, and he discussed the matter with the State Ethics Commission as well.

Walnut Street resident David Moynihan said the berm is a “major issue for the neighborhood.” He also said the town needs to do more to enforce noise and light issues, which he said impacts his family’s quality of life.

Walnut Street resident Diane Caruso said National Development told residents “you won’t hear anything or see anything” when MarketStreet was first proposed.

“I look out to people golfing now and I wave to people in the apartments,” said Caruso. “They promised things and nothing was ever done. It’s very frustrating.”