Meadowlands Receives Victualler License, Announces Opening Day

Select Board largely positive on Town Meeting articles but split on MBTA Communities zoning

The Select Board met last night with all members in attendance.

New Owners for Town Landmark
Meadowlands Ice Cream is under new ownership and missed its traditional St. Patrick’s Day opening because the site was undergoing  renovations. Owners Derek Dore and Macauley Moscato of Amesbury purchased the shop in January for $350,000 and appeared seeking a new common victualler license due to change of ownership.

The new owners also own Hodgies Too in Salisbury, Newburyport and Stratham, New Hampshire and Mrs. & Me ice cream in Cary, Maine, and will have a Serv-Safe certified staff on site at all times.

“We know we have big shoes to fill,” said Dore. “We know it’s been a staple in the community.”

Hours will remain 11 a.m. to 9 p.m., moving to 10 p.m. when school lets out. They will also retain the staff.

“Everybody’s coming back, including the manager,” said Dore. “It’s a great group of young people.”

The license was approved unanimously, and the owners announced on social media that they would open on Saturday.

Tewksbury Public Schools Committee Formed
At the last meeting, TPS Superintendent Brenda Theriault-Regan, School Committee Chair Bridget Garabedian and Business Manager Dave Libby told the Select Board that there is interest in reforming the Long Range School Space Planning Committee (LRSSPC) to study the best use of school properties, the population of children in Tewksbury and expected enrollment for the next two to 10 years.

Longtime residents know that the Dewing and Heath Brook are nearing 60 and 70 years old, respectively, while the Ryan is 25 years old and the Wynn renovation was completed 24 years ago. Regan is looking to ensure that capital planning is aligned with the educational services needed today and into the future.

Montuori and Theriault-Regan worked together to compile a mission statement. The LRSSPC would be constituted for a term of one year or until work is completed. The committee would be charged with evaluating the findings of the 2006 Tewksbury Long Range Facilities Master Plan, reviewing data regarding current educational programming and enrollment and presenting a report on whether the town needs a new elementary school, or whether and how existing buildings might be used to meet the future needs of the School Department.

The committee was proposed to include 11 members — two current members of the Tewksbury Select Board and two current members of the School Committee; two residents with children in Tewksbury schools grades K-4 and two with students in grades 5-12; and three residents at large, preferably with educational, school and/or school building facility experience. The Town Manager, Superintendent, School Business Manager and School Director of Facilities or their designee will be non-voting advisory members.

Vice-Chair Mark Kratman suggested adding a Planning Board member, bringing the committee size to 12. The mission statement was unanimously approved. The Select Board seems inclined to make all appointments except the School Committee, and presumably the Planning Board, representatives.

The new committee will not have a budget.

Select Board Designee Appointments
The only discussion was on Economic Development, which James Mackey said is sunsetting given that it has no mission, direction or desire to continue. Mackey said the group is down to two members and there are no applications, despite outreach. He said having Community/Economic Development Planner Alexandra Lowder as a staff member, as well as the Tewksbury-Wilmington Chamber, led to a lack of direction. 

Kratman weighed in that the committee at one time was looking to work with UMass and local realtors to try to fill empty spaces and suggested that this would be beneficial. Mackey said work with realtors is continuing. The outcome per Chair Patrick Holland is to appoint both Mackey and Eric Ryder to attempt to reinvigorate the committee. 

All appointments:

Community Preservation Committee: Patrick Holland

NMCOG: Jayne Wellman

T.D.E.I.A.C.: Jayne Wellman

Economic Development Committee: James Mackey and Eric Ryder

Lowell Regional Transit Association Representative: Mark Kratman

School Committee LRSSPC: James Mackey and Eric Ryder

All appointments were unanimous.

Warrant Articles
You can find summaries of all warrant articles here, along with a Town Meeting 101. You can also watch the full finance committee meeting here. There’s a lot of detail presented.

A few highlights:

Kyle Parker presented his proposed article requiring timely removal of snow from about 18 miles of sidewalks that neither the DPW nor an HOA clears. He said the aim is to bridge the gap between neighborhoods and the sidewalks the DPW now clears. 

“It’s one of my pet peeves in the wintertime, making sure sidewalks are cleared,” said Kratman, but he, like Finance Committee members, called out senior residents with large lots. 

“I like your thought process,” said Kratman, but stopped short of supporting the article. 

Mackey concurred and suggested withdrawing the article and working to set up a community volunteer program first. 

“I do want to give you kudos,” said Mackey.

Wellman suggested bringing forward waiver language with the article. Parker does have suggested language that gives the Select Board the power to implement the bylaw, to for example, exempt seniors or anyone unable to remove snow.

“We see a shift to walking,” said Wellman. 

Ryder said he deals with this professionally and would like every sidewalk cleared, but a lot depends on the storm and the width of the sidewalk as well as other variables.

“A lot of it is education,” said Ryder. “Great idea, I just think there are a lot of moving parts.”

He suggested starting by having DPW Director Kevin Hardiman do some education and reaching out to youth groups.

Parker said the DPW pamphlet that was sent encouraged people to clear their sidewalks, but he sees very few residents do so. Voters will be able to weigh in on Monday, May 6.

The board took no action on Parker’s Article 34, and there were plenty of questions but no disagreement on the financial and general articles. The CPA articles were tabled pending next week’s Community Preservation meeting.

For Article 30, related to the North St. school, Montuori suggested that both it and the Trahan will be taken down at a cost of about $2 million per school. Mackey suggested that the Army Corps of Engineers might be able to take the buildings down at lower cost to the town.

Zoning Articles
Lowder and Assistant Town Manager Steve Sadwick briefed the board on progress on the MBTA Communities Bylaw. The town is on track with the state, having had the submitted draft bylaw returned with only minor comments. Both the Planning Board and the Finance Committee unanimously recommended adoption. It will come before Town Meeting on Wednesday, May 8.

Residents unfamiliar with the law can find information here from the Planning Board, which is the recommending board for zoning articles. 

“The overlay district allows for additional possible uses; it does not affect the continued existence of ongoing successful businesses,” said Lowder. “It is an add rather than a replacement of what we have today. And just in summary, this bylaw amendment puts the town in an advantageous position, where it brings us into compliance with the MBTA communities law and ensures the town retains as much local control as possible.”

An overlay district by definition adds new uses to existing zoning. In the proposed area, for example, four story buildings are allowed now. This was a matter of some discussion during the creation of the new zoning bylaws and resulted in TFD purchasing a ladder truck that could reach that height, Chief Joe Kearns confirmed.

Montuori clarified that the law is not something brought forward by staff but by the state.

“The job was done and done well to meet the deadlines and comply with the law,” said Montuori.

Kratman pointed out that developers are not compelled to pay all costs associated with any building. He, like all members, praised Lowder’s hard work on the zoning.

“I understand that we have to follow what they’re requesting,” he said. “We’ve done everything they’ve asked for. I just can’t find it in my heart to support this in any way, shape, or form.”

Mackey called it a bad law with clear overreach but said the proposal put forth by Lowder is the best of a bad situation.

“It’s really not a choice, it’s not an option, it’s a law,” he said, adding that if the law changes, the zoning can be revoked. “I don’t think we can afford to be reckless and not approve this.”

Wellman called out the poor treatment Lowder has received during the process.

“You’ve been subjected to abuse in our town at some of these meetings, and you’ve handled it very well and professionally at all times,” said Wellman, but pointed out that it’s important for the town to retain control. “We don’t want to have a special master come in and tell us where to put things.”

The special master referred to by Wellman refers to this passage in the complaint filed by AG Andrea Campbell against Milton.

“In the event that the Town proves unable or unwilling to comply with the injunctive relief sought above, this may include, but is not limited to, appointment of a Special Master to propose a zoning by-law that complies with § 3A(a) and the Guidelines, or imposition of fines on the Town.”

Ryder called out the possibility of losing grant funding weighed against costs. 

“In the last seven years we’ve received $423,000, roughly $60,000 a year,” he said. “The impact on our community is going to far outweigh what we’ve received in grants.”

Holland agreed with Kratman and Ryder. 

“It’s tough being the messenger, isn’t it?” he said to Lowder. “It is the law, I understand that, but I think Mr. Ryder is right and that we should wait and see what happens with Milton.”

Kratman made a motion to “reject article 41,” seconded by Ryder. Wellman made a point of order that the Select Board has limited options on motions. Generally they would recommend either adoption or indefinite postponement. 

The final vote was split three to two, with Wellman and Mackey opposed. Montuori will check with town counsel on the form of the motion.

Residents looking to make up their minds prior to voting at Town Meeting on May 8 may wish to read the law, which is only five paragraphs, and review the resources from the town of Milton, including its legal filings. The text of the AG’s lawsuit is here. That complaint will be heard by the Massachusetts Supreme Judicial Court in October. A decision will likely not be issued until the end of the year, after October Special Town Meeting. Tewksbury, like 129 other communities, is required to have zoning in place by the end of 2024.

Here’s a helpful compliance fact sheet:

All Special Town Meeting articles were recommended for adoption.

The Select Board meets next on May 6.