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204,206,214,222 DERBY ST - PLANNING Planning Board Report to Council Regarding Zoning Map Amendment 2OH 1OLO 21 2 22 OUQN S+ CITY OF SALEM PLANNING BOARD 2011 JUL 24 pmip-ll Report to City Council SALEM.MASS July 24,2017 At its meeting on July 20, 2017 the Planning Board voted six (6) in favor (Matt Veno, Kirt Rieder, Noah Koretz, Dale Yale,Helen Sides, and Bill Griset) and one (1) opposed (Chair Ben Anderson) to recommend: Denial of the Zoning Amendment to change the -,oning designation of 204, 206, 214 dr 222 Derby Street to Central Development (B-S), because changing the Toning without changing the urban renewal area presented two primary concern: the lack of both design and demolition oversite. However, at such time the urban renewal area is extended, the Planning Board would be in favor of the retioning 204, 206, 214 6.222 Derby Street to Central Development (B-S). In their discussion, the Planning Board unanimously supported the B-5 zoning designation. The motion to deny the B-5 zoning designation carried by a majority vote because six of the seven board members felt that it is important for the four parcels to be included in the urban renewal area prior to the rezoning to ensure there will be design and demolition oversite. It was unclear what mechanism could be used to ensure the rezoning would not go into effect until the urban renewal area was expanded. As a result, a majority felt it was best to expand the urban renewal boundary first. In making this recommendation the Planning Board noted they are not supportive B-1 district due to the onsite parking requirements, particularly if preservation is a goal. The Planning Board provided Dominos and a T-Mobile store as examples of the type of commercial development with parking in front that could occur on small lots with minimum parking requirements. Said development is not what the Planning Board would like to see on these parcels. As an aside to the recommendation on the rezoning of the four parcels, the Planning Board discussed their concerns with the requirement of onsite parking for commercial uses in a neighborhood commercial environment. The Board suggested that the issue of requiring onsite parking in the B-1 District be evaluated. If you have any questions regarding this matter, please feel free to contact Tom Daniel, AICP, Director of Planning&Community Development,at 978-619-5685. Yours truly, f Ben Anderson, Chair CC: Cheryl LaPointe, City Clerk Amanda Chiancola From: Carol Morgan <cjcpmorgan@gmail.com> • Sent: Thursday,July 20, 2017 2:47 PM To: Amanda Chiancola Subject: Proposed zoning changes to Derby Street To whom it may concern: As a resident of the Derby St neighborhood, I'd like to voice my concern about the proposed zoning changes to Derby St that are on the revised Planning Board agenda tonight,July 20, 2017. 1 am strongly against the proposed changes from R2 to B5. Please don't tear the fabric of the neighborhood for the sake of developers. Please don't make a congested area even more congested. A zoning change from R2 to B5 also paves the way for unlimited future development, leaving the neighborhood with no recourse. Not good. A change to Bl, or an extension of historic neighborhood, is more in line with neighborhood preservation. Thank you, Carol Morgan 241/2 Hardy St. • • 1 CITY OF SALEM CONTINUATION OF PUBLIC HEARING July 20, 2017 Continuation of a joint Public Hearing of the Salem City Council and was held in the Council Chamber on Thursday, July 20, 2017 at 6:00 P.M. for the purpose of discussing amending an Ordinance relative to Zoning —The City of Salem Zoning Map is hereby amended to change the Zoning designation for 204, 2016, 214, and 222 Derby Street to Central Development (B-5) Notice of this hearing was posted on June 20, 2017 at 4:06 P.M. Absent were: Councillor Elaine F. Milo presided. In attendance were the following: AMENDING ZONING MAP FOR 204, 206, 214 AND 222 DERBY STREET Councillor moved the hearing be closed Voted Councillor Moved Voted On the motion of Councillor the meeting adjourned at P.M. City ofSalem In the year two thousand and Seventeen An Ordinance to amend ordinance relative to Zoning Be it ordained by the City Council of the City of Salem, as follows: Section L The City of Salem Zoning Map is hereby amended to change the Zoning designation for the following parcels to Central Development(B-5): 204 Derby Street—Assessors Map 35 Parcel Number 0290-0 206 Derby Street—Assessors Map 35 Parcel Number 0289-0 214 Derby Street—Assessors Map 35 Parcel Number 0276-0 222 Derby Street—Assessors Map 35 Parcel Number 0275-0 Section 77. This Ordinance shall take effect as provided by City Charter. In City Council April 13, 2017 Referred to the Planning Board to schedule a joint public hearing with the City Council Joint public hearing held June 12, 2017 and advertised in Salem News on May 29, 2017 and June 5, 2017 Continue joint public hearing on July 20, 2017 ATTEST: CHERYL A. LAPOINTE CITY CLERK 1 WV OS6018 LLOZ/SO/DO UO P?luud � 'w:rUABL 06 _ � • U z �'k?'r W- ?`s 1 � •a _ ♦ i nm uun uln �augw p yy�� s, "'l _ 4 t [w.u,.a•win... �4`Ycj R �S 4 T4vv9Pn l .k"> r WW I`�"L1 � , au Nuo[+[oa.M NwuwE �j �� (�(� W m.[nu,nHNwmne! •:.- W "t.'$" _ i ik 7.4�w na yYlue a.w.nmw 133HIS ASU.34 133HIS ASH30 ov 7WO &A vloo�� 8 �zh . rt 2do Y Yeva� m S' YosaswUOSVIM Ja v olV .� y • YOISAY j fl P m-euxol % �M.�S• [aMLV[i[PwYI StL �� Y ` % l SFr. V V[ o� � N I 2 aww c^w.Orn ' 4 dt 77, � �'. ' ,F•i'T.; S • r r 7 i•4 Y +1� �' � waY�sBR ars%p�': O a • ASSENT TOZONING PETITION Each of the undersigned owners of property on Derby'Street,Salem,MA.hereby assent to the filing of the Petition of Juliana Tache,Manager of JJ Tache,LLC for passage o#an Ordinance to arnend the zoning designation of their respec'Gve properties from Residential two Family(R-2)to.Business Neighborhood 1. Shawn E.Donovan and Claire T.Donovan,Trustees of Bunghole Rea9ty Trust;owners of property ah304Derby3iree[:being,shown on Assessors Map 35 as Parcel Number 0290-0: for ourtitle see deed dateOJuly 11,i 1092 recorded at Essex County South District Registry of Deeds at Book 11398;Page 154., Shawn E.Donovan,Trustee Claire T.Donovan,Trustee 2, Thomas J.Pelletier,owner of property at 214 Derby Street,being shown on Assessors Map 35 as Parcel 0276-0. for my title see deed dated August 23,2001,recorded at said Registry at Book 17565;Page 506; � Thomas J.0 fllefieV 3. Louise A.Michaud and Donald A.Michaud,Trusteesof MI-SKE Realty Trust,owners of property at 222-224 Derby Street,being shown on Assessors Map 35 as Parcel Number 0275-0. For our dtte see quitclaim deed dated-April 6,1992 and Appointment of Trustee dated May 6,2014 and recorded at Book 3264 Page 262. Coulsi A.WllchaW City ofsarm In the year two thousand and Seventeen An Ordinance to amend ordinance relative to Zoning Be it ordained by the City Council of the City of Salem, as follows: Section L The City of Salem Zoning Map is hereby amended to change the Zoning designation for the following parcels to Central Development(B-5): 204 Derby Street—Assessors Map 35 Parcel Number 0290-0 206 Derby Street—Assessors Map 35 Parcel Number 0289-0 214 Derby Street—Assessors Map 35 Parcel Number 0276-0 222 Derby Street—Assessors Map 35 Parcel Number 0275-0 Section II. This Ordinance shall take effect as provided by City Charter. In City Council April 13,2017 Referred to the Planning Board to schedule a joint public hearing with the City Council ATTEST: CHERYL A. LAPOINTE CITY CLERK 31 w Y 1 #?• 1ISrA�mIt�W L�••J ``\-37 N -1—'S ,. \• �J� 11ry � �3��`r .W,m,Pw.�.�ea a 1p ®,P.4M1 �0. o�a j DERBY STREET DERBY STREET ' � 1 a m rn 1 m Tme�nutl4wmv..l.m Y�� } `! i .IWy...n..11yi>M.mY �i4 �♦� i c it ` Printed an 04105/2017 at 09:50 AM AS$(*fO fiONWO MMN Each ofoe updpas db.wners of prppeiny on pot by Street,Salem,bA.A berkfy aaserrt to dre filing of the Rett 011040hs TOdie,Man aier of i)TWO, C—lotpass a pfah4OndWOhckfA a►nend the taping desighatlon ofio lr respective prOpe tie's from ROJOMWlWOO familyto WOOS*lgh9ro'Mbd (S- k. SMwn E:Opt.javarl and CIglre T,gnntrtran,Th atees of 8ungtxile Realty Trust;QWwrsof property ei 2tiR i rby' ..t heiftg:s)ipwn,on Assessors fiiep 33 as Patce(Ntl itberD :fi-0. Por oVulitle s?e deel dated-luly 17 1992 recorded at Essex Ctidnty Sgutif Q4;tri Registry of t>eeda at Book 1391$'.01 zge 1ii4 r ShaMAi:OotRlVdai iep ClaireT.Obro"n,Trustee 2 zhomasi.peAetier;oweer of property at a4 be ft SireeL belie sho4m on Assessors Map 35 as patag1 76 0 kr my tift see deed.doted Arigulf 23::2001,rewnled at said Registry at Book hamasitPail 3, touist A lyl;ghaud."d tPrtald A.V ikhaud,Trusteespf M1 W.fiealty,",pwners of property at322Z2htrefitySitset 'SbawnonAssemtrsMep.35azparpeitiuinbert317". rorour title see'gnReiaUtt deed dated April 6,1992 t M!AppWnW-.,t of Trustee dated May 6,2014 and rewr�d at 6P'oty�325/4 i'aBP�52, FIs A.nnw�+ ua 7/5/2017 Gmail-(no subject) MGmail Bill Quinn <billquinnlaw@gmail.com> (no subject) 1 message Bill Quinn <billquinnlaw@gmail.com> Wed, Jul 5, 2017 at 10:01 AM To: billquinnlaw@gmail.com 9 attachments IMG_2013.JPG 2722K IMG_2014.JPG w� 221 OK it IMG_2016.JPG (J 2427K IMG_2017.JPG 2781K IMG_2019.JPG https://mail.google.com/mail/u/O/?ui=2&ik=67c6700289&jsver=lEZPUTRTfxl.en.&view=pt&search=inbox&th=15d 13Oe7b243d748&siml=15d13Oe7b243... 1/2 City of Salem Notice Joint Public Hearing of the City Council and Planning Board Monday, June 12, 2017 6:00 P.M. The City Council will hold a joint public hearing with the Planning Board on Monday, June 12, 2017 at 6:00 P.M. in the City Council Chambers, City Hall, 93 Washington St., Salem, MA for all persons interested in the proposed amendments to the City of Salem Zoning Map by rezoning the following properties from Residential Two Family (R-2) to Central Development (B-5): 204 Derby Street (Map 35, Lot 290), 206 Derby Street (Map 35, Lot 289), 214 Derby Street (Map 35, Lot 276), and 222 Derby Street(Map 35, Lot 275). The proposed zoning map amendments are on file and available for review during normal business hours at the City Clerks Office, Room 1, 93 Washington Street, Salem MA or at the Department of Planning & Community Development, 3' floor, 120 Washington Street, Salem, MA. Attest: Cheryl A. LaPointe City Clerk Ben J. Anderson, Chair Planning Board Ad to run on: May 29, 2017 and June 5, 2017 June 12, 2017 CitySalemPlanning Board City oflem City Council Members: JL I would like to commend the City on expanding the Planning Board's site plan review authority to include all residential properties, Planned Unit Developments (PUDs), and Salem Redevelopment Authority Project Reviews. I have just recently become aware of a joint public hearing tonight with the City Council and the Planning Board to consider rezoning parcels on Derby Street to B-5 zoning. The buildings on this location are handsome historic commercial buildings none taller than s stories. They provide a visual transition to the Historic Derby Street Neighborhood which includes the National Park Service site and the House of Seven Gables and many other historic properties. B-5 is a very permissive zoning, which will allow extremely tall buildings (70 feet and up to 6 stories) and much higher dei ity up to 100% lot coverage. Unlike most of the rest of the B-5 district,these parcels are not in the Salem Redevelopment Authority area, so any new development will not be subject to design ^� review. It seems that a very likely consequence of this rezoning will be to incentivize the demolition of these buildings and replace them with larger, more dense development. Further, there appears to have been no prior public process for abutters and other interested parties to have learned about this rezoning. In fact, it appears that abutters were not even notified of this potential change and the hearing this evening. This lack of public participation will be especially unfortunate if the Planning Board, as they did on the recent Bridge Street rezoning,close the public hearing on the same night it opens and refuse to take any additional comment, oral or written. For these reasons, I would ask both the Planning Board and the City Council not to approve this rezoning and to keep the public hearing open to receive more public input. Respe Ti enkins i� Amanda Chiancola `'from: Barbara Cleary <clearyadvisors@comcast.net> Sent: Monday,June 12,2017 3:41 PM To. Amanda Chiancola;Tom Daniel Subject Derby Street Rezoning Hi Amanda and Tom I would appreciate it if you could make sure that this is entered into the record of the public hearing this evening. Thank you. Barbar June 12,2017 To: City of Salem Planning Board From: Barbara A.Cleary 104 Federal Street Salem,MA 01970 I have just recently become aware of a joint public hearing tonight with the City Council and the Planning Board to consider rezoning parcels on Derby Street to B-5 zoning. The buildings on this location are handsome historic commercial buildings which provide a visual transition to the Historic ')erby Street Neighborhood which includes the National Park Service site and the House of Seven Gables and many other historic properties. B-5 is a very permissive zoning which will allow extremely tall buildings and density. Unlike most of thereat of the B-5 district,these parcels are not in the Salem Redevelopment Authority area,so any new development will not be subject to design review. It seems that a very likely consequence of this rezoning will be to incentivize the demolition of these buildings and replace them with larger,more dense development. Further,there appears to have been no prior public process for abutters and other interested parties to have learned about this rezoning. In fact,it appears that abutter:were not even notified of this potential change and the hearing this evening. This lack of public participation will be especially unfortunate if the Planning Board,as they did on the recent Bridge Street rezoning,close the public hearing on the same night it opens and refuse to take any additional comment,oral or written. For these reasons,I would ask both the Planning Board and the City Council not to approve this rezoning. 1 Amanda Chjancola From: Amanda Chiancola Sent: Monday,June 12,2017 4:01 PM To: Ilene Simons Subject: FW:joint public hearing tonight on proposed zoning changes From:Meg Twohey[mailto:vze255gg@verizon.netj Sent:Monday,June 12,2017 3:25 PM To:Amanda Chiancola<achiancc la@Salem.com>; 'Arthur Sargent'<"sargeatiarge74"@aol.com>;Jerry L. Ryan <jryan@Salem.com>;Elaine Milo<emiloatlarge@gmajl.com>; Robert McCarthy<rmccarthy@Salem.com>; Heather Famico<hfamico@Salem.com>;Stephen P.Lovely<Stephen@lovelylawgroup.com>; David Eppley <dweppley@comcast.net>;Josh Turiel<jturiel@Salem.com>; Beth Gerard<bgerard@Salem.com>;Steve Dibble <sdibble@Salem.com> Subject:joint public hearing tonight on proposed zoning changes To the members of the Planning Board and the City Council: I cannot attend that public hearing tonight but wanted to provide my comments. I urge the Council and the Planning Board to leave the meeting open so that you will be able to accept public comments following tonight's meeting. • The public has not had enough opportunity to understand the proposed changes. There should have been a public Information meeting to present and explain the reason for these proposed changes before tonight. This instance sets an unacceptable precedent for the future. • Both the PUD section and the Site Plan Review section seem fine. In fact extending She Plan Review to all residential units is desirable because it provides greater Planning Board oversight • Regarding the change on Derby St to B-5,I leave it to residents of the downtown neighborhood whether they want the kind of density Inherent In the change of the parcels to B-5. • However,I strongly oppose the change on Derby Street to B-5 without including these properties in the SRA where they will be subject to Design Review. This truly sets another unacceptable precedent. Thank you for your consideration. Meg Twohey Margaeet IGS.Twohey SalemGrpwgya.yale.edu 978.794.6702 122 Federal Street Salem,MA 01970 1 r TABLE OF LOT SIZES AND PARKING REQUIREMENTS Lot Areas: 204 Derby 206 Derby 214 Derby 222 Derby 894 SF 3,281 SF 3,325 SF 3,409 SF Min Lot Area/ Dwelling Unit In B-1 No minimum No minimum No minimum No minimum Min Lot Area/Unit for Residential or Mixed Use/ in B-5 for New Construction 500 SF/Unit 500 SF/Unit 500 SF/Unit 500 SF/Unit Max Lot Coverage Ratio in B-1 40%* 40% 40% 40% Minimum Lot Coverage Ratio in B-5 50%* 50% 50% 50% • All existing structures already exceed these limits Maximum Height in B-1 30 feet - no limit on stories Maximum Height in B-5 70 feet and 6 stories (Over for On-Site Parking Requirements) I� On-Site Parking Requirements In B-1 District (See Table 5.1.8 of Zoning Ordinance)* Dwellings— 1.5 spaces per dwelling unit Retail business—1 space per 150 sf gross floor area of building excluding storage Professional, dental, medical office— 1 space for each business professional plus 1 space for each 2 employees; plus 2 additional spaces per each medical or dental professional Restaurant— 1 space for each 4 seats; plus 1 space for each 2 employees • None of subject lots can comply with these requirements In B-5 District Dwellings—1 parking space per dwelling in existing buildings and 1.5 spaces per dwelling unit for new construction (See Sec. 5.1.9 of Ordinance) Nonresidential (Commercial) Uses—no on-site parking required for commercial uses since community accepts responsibility (Garage and paid street parking) (also 5.1.9 of Ordinance) (See next page for applicable review requirements) Approvals Required for Any Substantial New Construction on the Subject Parcels: 1. Site Plan Review by Salem Planning Board (Sec. 9.5.2 of Zoning Ordinance) — residential structure containing six (6) or more dwelling units or non-residential structure exceeding 10,000 gross SF 2. Variances from the City of Salem Zoning Board for 1) minimum lot area per dwelling unit requirement; 2) minimum on-site parking requirement for residential uses 3) maximum lot area coverage ratio for any footprint expansion, and 4) any height in excess of 6 stories 3. Demolition Delay Ordinance Reviews Not Applicable: Design Review Board (applies only within Urban Renewal District) Historical Commission Design Review (not located in National Register of Local Historic Districts) r' Salem,MA Zoning Ordinance Page 6 of 82 Except as provided by law or in this Ordinance in each district, no building or structure shall be constructed, used or occupied, nor shall land be used or occupied, except for the purposes permitted as set forth in the accompanying Table of Principal and Accessory Use Regulations. 3.1.1 By Right.A use listed in the Table of Principal and Accessory Use Regulations is permitted as of right in any district under which it is denoted by the letter'Y'subject to such restrictions as may be specified elsewhere in this Ordinance. 3.1.2 Special Permit Zoning Board of Appeals.A use designated in the Table of Principal and Accessory Use Regulations by the letters"BA" may be permitted as a special permit only if the Zoning Board of Appeals so determines and grants a special permit therefore as provided in Section 9.4 of this Ordinance subject to such restrictions as are set forth elsewhere in this Ordinance, and such restrictions as said Board may establish. 3.1.3 Special Permit Planning Board.A use designated in the Table of Principal and Accessory Use Regulations by the letters"PB" may be permitted as a special permit only if the Planning Board so determines and grants a special permit therefore as provided in Section 9.4 of this Ordinance subject to such restrictions as are set forth elsewhere in this Ordinance, and such restrictions as said Board may establish. 3.1.4 Not Allowed.A use listed in the Table of Principal and Accessory Use Regulations which is denoted by the letter"N" is not allowed without an amendment to these Zoning Ordinances enacted by the Salem City Council. (Ord. No. 9-9-10,§ I) TABLE L)F PRI NLI PAL AN L) ACCESSORY USE REGULATIONS PRINCIPAL USES l B5 A. RESIDENTIAL USES �I Dwelling, Single-family Y Y Dwelling, Two-family Y Y Dwelling, Multifamily Y Y Cluster development N N Dwellings above stor Dwellings above store Dwelling unit above first illegal in B-1 N Y allowed in B-5 floor retail, personal service, or office use Dwelling unit in historic BA N carriage house Salem,MA Zoning Ordinance Page 7 of 82 Multifamily development I N N Nursing or convalescent BA N home Planned unit development PB PB Rooming, boarding or BA N lodging house B. EXEMPT AND 1 65 INSTITUTIONAL USES Child care facility Y Y Essential services BA BA Facilities for the sale of Y Y produce, and wine and dairy products, provided that during the months of June,July, August,and September of every year, or during the harvest season of the primary crop, the majority of such products for sale, based on either gross sales dollars or volume, have been produced by the owner of the land containing more than five acres in area on which the facility is located Hospital N N Medical Clinic BA BA Municipal facilities Y Y Salem, MA Zoning Ordinance Page 8 of 82 Use of land for the primary Y Y purpose of agriculture, horticulture,floriculture, or viticulture on a parcel of more than five acres in area Use of land or structures Y Y for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation Use of land or structures Y Y for religious purposes C. COMMERCIAL USES 61 : Adult day care BA BA Agricultural use, N N nonexempt Animal clinic or hospital; Animal clinic or BA N Animal clinic or kennel kennel by Special kennel not allowed Permit in B-1. in Arts and crafts studios and Acts studio needs BA Y Arts studio workshops Special Permit allowed in B-5 in B-1 Bank,financial agency Y Y Bed and breakfast BA N Business or professional Y Y offices Salem MA Zo=g Ordinance Page 9 of 82 Club or lodge, private No private club or N Y private club or lodge in B-1 lodge allowed in Commercial recreation, N y indoor ........ ...... ......... ........... Commercial recreation, N N outdoor Drive-through facilities; N PB fast-food Drive-through facilities; N PB other Educational use, No private N Y Private educational nonexempt non-exempt allowedLin B-5 educational use in B-1 Farm stand, nonexempt N N Funeral home BA N General service Y N eAablish.ment Golf course Y Y .......... .......... Historic buildings open to Y Y the public Hotel, motel, or i-nn Hotel, inn not N Y Hotel, inn allowed allowed in B-1 in B-5 Marina; waterfront boat BA BA yard or yacht club Medical and dental offices Y Y Motor vehicle general and N N body repair Motor vehicle light service Motor vehicle BA NMotor vehicle light light service ervice not allowed allowed in B-1 in B-5 Salem, NIA Zoning Ordinance Page 10 of 82 Motor vehicle,trailer and N N boat sales, service and rental Museum Y Y . .. ........ .............. Nonprofit outdoor BA N recreational facilities Personal service Y Y establishment Plumbing, carpentry and N N sheet metal shop Restaurant, with service of No-restaurant .with N Y Restaurant with alcoholic beverages . . alcohol service alcohol service in B-1 allowed in B-5 Restaurant; drive-in or fast- Y Y food Restaurant; no service of Y Y alcoholic everages Retail department store N N located within a shopping plaza Retail store, except Y Y department store, not elsewhere set forth Retail-wholesale supply BA Y establishments, provided that the wholesale operation does not exceed 50% of the gross floor area Sale and storage of N N building supplies Supermarket N N Salem,MA Zoning Ordinance Page I I of 82 Wind energy facility, N N commercial scale Wind energy facility, PB N residential scale Wireless Communications PB PB Facility D. INDUSTRIAL USES B1 65 Assembly or packaging N N 5rewery, distillery, or BA BA winery with tasting room No Computer hardware Computer hardware Computer hardware N BA development development development in B-1 is allowed in B-5 Contractor's yard; N N landscaping business Food and beverage N N manufacturing, bottling or processing facility Junkyard or automobile N N graveyard Light manufacturing N N Livery facility,yard, or N N terminal Manufacturing N N Mini-storage warehouse N N facility Publishing and printing No publishing or N Y Publishing or printing in B-1 printing allowed in B-5 Salem, MA Zoning Ordinance Page 12 of 82 Research, laboratories, and N N development facilities Transportation terminal N N . ..........._... ........ ...... ......... .. Wholesale, warehouse, or N BA distribution facility E. ACCESSORY USES B1 B5 Adult day care N N Urban agriculture Y Y Customary agricultural, N N horticultural and floricultural operation Family day care, large N N Family day care, small N N Private garages and other Y N accessory structures I Rooming and boarding not N LN more than 2 persons