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HIGHLAND AVE REZONING - PLANNING A,Xv, &- T Cftp of 6alem, Aawra uattg ! 59 ' I'--CE/tffite, of toe city counrit city batt 1t]�, art, rir`11c, IC1 COUNCILLORS-AT-LARGE JOAN B. LOVELY WARD COUNCILLORS SALEM 2001 -f-�t� //�� PRESIDENT 2001 LAURAA DeTOMA `-DEBORAH E. BURKINSHAW SCOTT A. LaCAVA THOMAS H.FUREY CITY CLERK REGINA R. FLYNN - KEVIN R. HARVEY JOAN B. LOVELY ARTHUR C. SARGENT III LEONARD F.O'LEARY KIMBERLEY L. DRISCOLL SARAH M. HAYES JOSEPH A. O'KEEFE, SR, May 29, 2001 Ms. Debra A. Hudburt Conservation Commission 7 Mil Street Salem, MA 01970 Dear Ms. Hurlburt: At a regular meeting of the Salem City Council held in the Council Chamber on April 24, 2001, the enclosed was adopted. Very truly yours, DEBORAH E. BURKINSHAW CITY CLERK Enclosure cc: Planning Dept. �ONUIT�� CITY OF SALEM < �q �s 9@��mNao� In City Council, May 10, 2001 Ordered: That the Conservation Commission, through its Conservation Land Trust, research the feasibility and appropriateness of taking title to city-owned land located along Dell Street, Circle Hill Road, and Parlee Street. Such research shall examine the land's physical appropriateness as open space to be retained as such by the Conservation Land Trust in perpetuity. In City Council May 10, 2001 Adopted Apgseuod_h3c_thesiagnr_nn Returned unsigned by the Mayor on May 25, 2001 ATTEST: DEBORAH E. BURKINSHAW CITY CLERK Jun 21 01 12: 08p Salem City Clerk 's Office 978-740-9209 p. 1 tLCEIVED C Tq 2jCf-1TY OF SALEM SALEM ;. PLANI•i;NC, Di_U. In City Council, June 14, 2001 Ordered: That the City Council and the Planning Board hold a Joint Public Hearing to consider re-Zoning any undeveloped land west of Highland Avenue from R-1 to RC_ In City Council June 14, 2001 Adopted ATTEST: DEBORAH E. BURKINSHAW CITY CLERK A4 Friday,July 20,2001 The Evening News, Salem,Mass. Beverly Collins raves waves about beach-c By MARC FORTIER - News staff EVERLY—The city is hoping t is new$45,000 beach cleaner help make its public -- beaches more enjoyable for residents and tourists. Reporter's The city pur. Notebook chased the piece „ of machinery at the end of June, and it still isn't being used on a Pee v , regular basis because the tractor that tows it hasn't been running. • � * '# 0 0 0 When itis up and running, Public Services Director Michael Collins said it will make a world of difference at Beverly's beaches. "It basically removes any debris in the sand to a depth of six i, inches,and leaves it with a nice groomed surface,"he said. News staff photo/Paul Modem That means no more beaches Some Beverly fishermen are unhappy about the 115-foot cruise boat moored at the wharf at blanketed by sharp rocks and the Beverly Harbor Center. broken mussel shells. t "Before,you could only get it so clean,"Collins said."But our stan- dard of cleanliness is going to be Manisee is all set for cruising, much higher now.This thing can , get the beach much cleaner.It makes it a more sandy beach." -r g Though the beach cleaner cost a but anglers' hopes get bruisin lot of money,Collins said in the long run it will be a money-saver. Now,instead of sending out a ,i. MARC FORTIER "That's what it's intended for. whole crew of public services 1. Ne News staff To foster goodwill in Not for public enterprise to tie workers three days a week during up the facility.How can they get the summer,cleaning the beaches BEVERLY—The Manisee has the community, Cold away with that?" will be a one-man job. i arrived.As of this week,the 115- With the boat moored at the "I think the city's been looking foot ship is being moored at Bev- Coast Cruises is end of the pier,he said the fish- into this for many years,"Collins erly Harbor Center. ermen are being forced to fish on said."It's always been in the back The Manisee ran its first cruise planning a free the lower floats,and under the of their head,I think,because the out of Beverly on Saturday to Salem/Beverly bridge. beaches here take a significant ,a y y introductor sunset y g guys," said amount of time to clean.It's very conjunction with the Friendship's y "We're working Parade of Sail.It was mostly for cruise for the general Chuck Harkins of Beverly. "Un- labor intensive." family and friends of Gold Coast fortunately,the people who are The new beach cleaner should Cruises,the boat's owner. public on Thursday, most affected are the little be up and running any time now, Alia Lamborghini of Gold Coast people. It's robbed the average so keep your eyes peeled the next Cruises said the old McDonald's July 26 from 6:30 to guy of a place to take his kid and time you're down by the water. building will be open from 9 a.m. go f•.shing." ■ ■ ■ to 5 p.m.during the week."This 8:30 p.m. It looks as though the fish- If you've been wondering what is our home base now,"she said. ermen had better get used to it, ever happened to Beverly in The company will only be because things are only going to Bloom,it wilted. s doing a few walk-up cruises. It get busier at Beverly Harbor Pam McGrath,executive director i will be doing mostly charter coming.There may be a Beverly- Center as the summer progresses. of the Beverly Chamber of Com- business, marketed chiefly at to-Boston cruise at some point Gold Coast Cruises is also merce,said the flowery summer th corporations. this summer as well. planning to offer a water taxi festival was canceled due to a lack tic "We're mainly going to run it For now, though, it will be service for shorter trips in and of support. ca as a charter operation," Lam- mostly a charter operation. For around Beverly Harbor. Beverly in Bloom was a borghini said. "That's what we example,last night,the Manisee In addition,Lambor hini said wepkpnd fpqtival that included Sc think the market will bear. It's hosted a tough to run a The Evening News, Salem,Mass.,Friday,July 20,2001 'A3 Salem Residents back bid to curb building By DAVE GERSHMAN Council OKs News staff Plan to erect 30 homes SALEM—A public hearing to ballot question discuss a City Council proposal to draws neighbors' wrath rezone all of the land west of High- land Avenue opened last night SALEM — In other City with a list of people who think it's Council news: a bad idea. By TOM DALTON in fact, are likely to change. • City councilors officially "The administration is op- News staff "This is very much a prelimi- placed a question on the No- posed," said acting City Planner nary,introductory plan,"acting vember ballot to ask voters if Jae Walsh. SALEM—A Marblehead de- City Planner Joe Walsh said they want to open up the City He said the planning and legal veloper filed plans this week to last night at a public hearing on Charter and elect a Charter Corn- departments, as well as the city build 30 single-family homes on a rezoning proposal that ap mission to study possible revi zoning enforcement officer,are all a controversial 12-acre site near pears to have been filed by city sions.A group in favor of elimi apposed. Highland Avenue. councilors in an attempt to nating the position of an elected If approved,the measure would Bartlett&Steadman Develop- block or limit this project. mayor in favor of an appointetf drastically limit new home con- ment Corp.submitted a prelimi- A large group of neighbors is city manager gathered signs; struction on 87 percent of the city's nary subdivision plan on opposed to building homes on tures of 15 percent of the city I stock of undeveloped, and still Wednesday with the Planning land many say they never registered voters. Nomination available land zoned for single- Department for a residential dee thought could be developed.The papers to run for the Charter family homes,Walsh said. velopment it is calling"Longview site includes a lot of wetlands Commission are now availabid; Some city officials say it could at Salem." and an electric power line. in the City Clerk's office. also open the city up to lawsuits. The plan shows two access Steadman bought the former • Also, city-councilors apI The proposal to rezone the land roads to the landlocked property, tax-title property at public auc- proved an emergency appmpria- was sponsored by Councilor-at- one through Circle Hill Road and tion in December for about tion of$300,000toreplace 90Qfeet large Kevin Harvey and Ward 4 another through Durkin Road. $280,000. Neighbors say they of a broken,wooden drain pipe. Councilor Lenny O'Leary,who con- City officials stressed that were not aware this was city tinued to criticize Mayor Stanley the plans are not final and, land that was up for sale. Usovicz and his administration for selling a controversial 12-acre parcel of land in Witchcraft Heights.The have big consequences.It would owners of the small parcels could made and O'Leary moved to con- city acquired it years ago when the limit development on 109 parcels try to get a variance from the tinue the hearing.The next meeting prior owner failed to pay taxes and of land.Only a few are large.The Board of Appeals.Variances are could be held in September. then sold it recently at an auction. biggest,owned by developer Ugo hard to come by,Walsh said. Eventually,the Planning Board Several city councilors admitted DiBiase, is more than 160 acres. The public hearing was held makes a recommendation,and the that the uproar over the sale led to However,most are less than an jointly by the City Council and City Council votes on whether to the rezoning proposal,as an at- acre, and scattered in already Planning Board.No decision were actually change the zoning. tempt to limit development on the built-up neighborhoods. property. "It pretty dramatically affects "I think that's what triggered 100 individuals,"Walsh said. Q �T(� the council's interest in this," The proposed developers called RC, Su � * DOCK MOT01 W, INN Ward 5 Councilor Kim Driscoll would require developers to have 1 iL-11Y1I1 said. at least 2 acres of land to build a While some are against the idea, home, instead of only a quarter- 108 JaCkSon Street, Salem, MA city councilors got an earful of acre allowed in the current zoning, support from neighbors,at least 30 called R-1. The proposed zoning �a of whom attended the meeting, also limits home sizes with large ��. 1,a w gr , c c�J t s Ten spoke strongly against devel- set-back requirements. NoMan and ' oping the property,raising con- To have any hope of building, w Arthur ur Sag cerns about additional traffic, blasting,and loss of open space. OPEN All Welcome "The only reason we moved up Inventory Reduction Sale To Come In!! there was we thought all property $400 OFF Select Models up there was developed and there wouldn't be any more develop- menta"said neighbor Ray Hamilton. Walsh and City Solicitor John CALL 978-740-3200 Keenan would not speak specift- cally about the property. Walsh said the rezoning would 7. ge One Councilor, neighbors mull lawsuit over tax-title sale By TOM DALTON opinion as to the validity of the en- parcels of Salem tax-title land over News staff tire transaction..."O'Leary stated. the past few years,disagrees. A large group of neighbors from Once the land is taken by tax SALEM — The movement to streets surrounding this site are title,"it remains tax title forever," block the development of a 12-acre awaiting Keenan's opinion before he said,and can be sold at public parcel off Highland Avenue is being deciding whether to hire:their own auction. There is no need for a fought on two fronts—zoning and attorney. council vote,he said. the law. That possibility came up when "You might transfer control of The City Council will hold a the neighbors—about 90 of them the property to one city depart- public hearing next month on the —met last week at the Ancient ment,but it does not fundamentally proposed rezoning of all the unde- Order of Hibernian club on Boston change how it was accrued,and veloped land west of Highland Av- Street to discuss the case with that's what allows disposition by enue,including this so-called Dell O'Leary and leaders of a neighbor- public auction,"the attorney said. Street property. hood group. At last week's neighborhood One councilor,Ward 4's Lenny The crux of O'Leary's argument meeting,O'Leary questioned why O'Leary, who represents the af- is this:The land,he says,was taken Grover went to court in April— fected neighborhood, thinks the years ago by the city for non-pay- several months after the sale. auction the city held in December ment of taxes,but then transferred O'Leary said the attorney was in and the subsequent sale of the land in 1953 to a City Council committee. court"to change(the Dell Street to a developer was illegal. He has a copy of the council vote to site)from city-owned land to tax- Scott Grover,the attorney who prove it,the councilor said. title property." handled the sale,says it wasn't. That put it under council control, In other words,he said Grover That dispute now sits on the desk he argues,which means the council was trying to change the rules after of City Solicitor John Keenan,who had to vote to sell the land at auc- the game. has been asked by O'Leary to give a tion.That never happened. Not so,the attorney said. legal opinion about the sale of the Following a December auction, He said this is registered land, land off Dell Street, a so-called the land was bought for$280,000 by which is under the jurisdiction of paper street" in Witchcraft a Marblehead developer,Bartlett Massachusetts Land Court and re- Heights. and Steadman,that wants to build quires a new certificate of title as "Given the number of residents houses. part of the sale.He was in court,he that will be impacted by develop- At last week's neighborhood said,not to change the land to tax- ment of this parcel and the trou- meeting,O'Leary told neighbors title property,which it has always bling auction and tax-title process,I the sale was"totally illegal." been, but to take care of paper am hereby requesting a legal Grover, who has sold many work. Zoning: City may limit new homes Continued from page At mately is passed. Planning Board Chairman Wal- rather broadly.It targets all of the Needless to say, the developer, ter Power said he wants to find out undeveloped land west of High- Steadman, is less than pleased more information before giving an land Avenue. This includes not with this turn of events. opinion. only Steadman's purchase, but His lawyer,George Atkins,said "It's a big issue," Power said. several hundred acres owned by Steadman purchased the property "There's a lot of interests there developer Ugo DiBiase, who at from the city in good faith. If the that are being affected." various times has talked about rezoning goes through, Atkins The Planning Department has building hundreds of new homes said, the city would be open to a asked City Solicitor John Keenan on his land. No plans, however, "substantial lawsuit." to issue a legal opinion on the re- have ever been filed. Despite the controversy,Stead- zoning order.Walsh,the planner, Intentionally or not,the order man does not want to walk away said he understands concerns that would affect 90 percent of the un- from the property. "We're going some land should be set aside for developed land currently zoned for forward with our plans to develop conservation. But the way to do single-family homes.If completely the property,"Atkins said. that is through a careful study of built-out under current zoning,an He also questioned the wording each property,he said,instead of a estimated 300 to 400 homes could of the City Council's order. blanket change in zoning. be built. "The particular.order that was "It's bad planning,"Walsh said. A public hearing to rezone the passed was not in the customary "It's not the way something of this land will be held July 19. form of a zoning change, which magnitude should be done, be- Zoning changes take effect would include a description of the cause the implications are huge." retroactive to the date the hearing land, Atkins said. "As a result,I The order would essentially take was first advertised, which was; think there are some questions much of the land left for Single, last Wednesday.That means no- about what its validity would be." family homes"off the table,"lie said.' body can file last-minute plans to And he's not the only one who "That's's tremendous foss fbn avoid the zoning change,if it ulti- has a few questions. the future." ------- ----------- - -------------------- ------ ----- BUST Hotel construction consult By KATHLEEN McLAUGHLIN_ week received approval from the The 432-room, 28-story hotel News staff Boston Redevelopment Authority. will be geared toward leisure and The owner and developer, business travelers.A sharp drop BEVERLY—Hotel building ex- Sawyer Enterprises, plans to in the latter category has j perts Ken Wilson and Chad Cran- break ground later in the fall at cramped Boston's hotel business. dell,who are involved in projects the corner of Tremont and Stuart "We're now faced with what we around the country, have been streets in the Theater District. hope is just a slowdown in 2001," working closer to home lately. The hotel is expected to open in Crandell said. The Cummings Center-based 2003. Capital Hotel has been working partners,who do business as Cap- Capital's job now is to finalize with Sawyer for more than two ital Hotel Management, are con- financing for the$140 million pro- years, Crandell said. "Unfortu. sultants to the owners of the ject, Crandell said, and it will nately,real estate cycles and eco- Loews Boston Hotel, which last help oversee construction. nomic cycles don't always match." Abiomed trials of artificial hea John Them said. He said he ex- "There's a pretty good supply o DANVERS-Abiomed hoped to pected to find patients"relatively potential candidates," vice pres' begin clinical trials of its artificial soon." dent of government affairs E heart,AbioCor,by the end of this Given the importance of the Berger said. The patients mus month,but it announced yesterday trials and the time it took Abiomed suffer bi-ventricular heart failure that it hasn't yet found the right to receive Food and Drug Adminis- that's not treatable by any othe patients. tration approval,Thero said the therapy, must not qualify for The trial sites and devices are company wants to be"prudent and transplant and have a high proba ready,head of investor relations cautious"in preparing for trials. bility of death within 30 days.The Salem Five expands by opening L SALEM — Salem Five Cents vidual and commercial accounts. as others in Swampscott,Saugus, Savings Bank will open a new The mutual savings bank has Boston, Hamilton, Danvers an branch in Lynn tomorrow. about 1,700 Lynn customers that Peabody. This is the second time since Oc- make up about 3 percent of its cus- Salem Five has$1.2 billion in as tober--when a Boston branch tomer base,Dodge said. sets and$900 million in deposits.I opened—that the bank has ex- The new location at 20 State St. competes in Lynn with Easter panded its territory. fits Salem Five's strategy of Bank, as well as Sovereign an Janis Dodge,senior vice president opening branches in contiguous F1eetBank.Dodge said the decisio of retail banking,said that because cities and towns along Routes 1 to open the bank stemmed fro of redevelopment in Lynn,the bank and 128,Dodge said.The bank has growth in Lynn,rather than co saw an opportunity for new indi- three branches in Salem,as well petitive pressure.CALENDAR BUSINESS owner and operator of the Nort Shore Padgett office,presents th award.In order to qualify for th scholarship,applicants must be th dependent of an independent bust ness owner.Mr.Levine owns an operates Bravissimo Hair Salon it Beverly Farms and Mrs.Levine an attorney in Salem. A recen graduate of Manchester-Essex R Leg. TOWN BOARD Notice is hereby given that the Bo ABOVE: Danvers Savings Bank's Courtesy photo hold a public hearing in the Sel mach office manager Maureen Hall on Monday,July le,2001 at 7: g 1.Ed Bruegjes(#O1-3525)V Gillis presents Danvers Alarm Legal Notice vers Zoning Bylaws Section 12.3-10 List Co.members with a$1,500 2. Robert Rebal(#01-3526 Salem will consider limiting new homes By DAVE GERSHMAN News staff SALEM—The City Council will hold a public hearing that has the potential to drastically limit new r g home construe- Nei hbors, tion on nearly all y councilor of the vacant land a\ consider left in Salem F^ " all to stop one de- lawsuit veloper who bou h4 —Page A16 ght a controver ;; A sial property off Highland Avenue. ` s Aside from an organized band of , neighbors who live near the prop- erty,few at City Hall think this is £` a good idea.And it could touch off one or more lawsuits. "If that land is taken out of the mix,there is almost no more land In this map of Salem, areas In left in the city to be developed for brown represent undeveloped housing,"acting City Planner Joe land that would be affected by Walsh said. "The implications are rezoning. huge." Marblehead developer Ken Steadman bought 12 acres from "That neighborhood will be for- the city at an auction held earlier ever changed." this year, and intends to build Councilor Kim Driscoll also said single-family homes there.He paid she wished the land could be pre- $280,000 for the land,which is lo- served.Then she hit upon a way to cated near DiBiase Park in Witch- do it The City Council could rezone craft Heights. the land by holding a joint public In the past three years,Mayor hearing with the Planning Board. r- Stanley Usovicz has aggressively Harvey sponsored the order, auctioned similar properties which passed 10-0. It proposes r taken by the city years ago when changing the zoning from single- t their owners failed to pay out- family homes to a recreational g standing property taxes. Gener- use.The move would not stop de. ally,the auctions prompted little velopment,but it would greatly debate. limit it.Instead of requiring homes But this time,as news of the sale to be built on quarter-acre lots,de- spread,neighbors gathered hun- velopers would need at least 2 1 dreds of signatures on petitions acres for each home. protesting the sale.The land con- Spot-zoning is illegal,however, tains wetlands and woods and is so Harvey's order was worded prized by neighbors as a sanctuary ZONING,page A16, in a built-up city. Two city councilors, Lenny O'Leary and Kevin Harvey,have repeatedly criticized the sale.Two weeks ago, at a City Council meeting, they were joined by Councilor Tom Furey,who said the city got"shortchanged"for a few"silver dollars." 0 78908 22233 b "It's Salem's loss," Furey said. C-0 L Plltbtl CHICKEN SALEM—Fire Department ed Dennis Flynn has been re-elected to the Salem Contributory Retire- THIGHS mel Board. n,th Flynn,the board's chairman, fib. received 494 votes in this month's election. His opponent, Sheila FRESHBONELESS Lynch,the Fire Department's of- FRESH SKINLESS Tice manager,got votes. The Retirement Bo Board oversees CHICKEN $11b.69 the municipal pension fund. An estimated 800 city workers con- tribute to the fund, which pays BREASTSout more than million annu- ally to retired cityty employees. The board represents workers at City Hall,the Salem Housing Authority,the South Essex Sew- FRESHerage Board, the Salem/Beverly E PORK Water Supply Board,and other agencies. It does not include YC teachers. SHOULDER The five-member board inPr - dudes two elected members, The and John Burke Jr.; the city's finance director, Bruce off FRESH GROUND Guy; a mayoral appointee, Gary Ka Peterson;and Katherine O'Leary, dal Ib. who is elected by the board. HAMBURG p. U.S.D.A. CHOICE An Mai CHUCK19 look fo STEAK(BONE •Tune 8 IN) One Y •Shiftin Brakin NEW YORK $ 99 Wheel•Wheel SIRLOIN •Control Ib. Clean •Lubrica STEAK Package ' (BONE IN) Free ins of tires SHORT CUT $�49 brake pa RUMP STEAK lb. ' Package AT THE DELI-FRESH SLICED Sales/Service/Rentals TURKEY BREAST $249 Specialized li •Redline Ib. •Gary Fisher •Free Agent 10 LAND 0' LAKES $ 99 Ib 'K"S ;Bleetm •GTIDyno - Lemond •Burley Child Trailers 2 AMERICAN CHEESE &Tandems . 1 MARGARITA ENOA SALAMIs299 15"HEAL111YIET HOOD KIM WIT„Ta1,Co�o ALLONSs' MILK $1 99 n°°°�aroeroA�g�,2001`°rt” More obituaries, page B11 Dorothea YL (Herbert) Lee, 81 T PEABODY—Dorothea M.(Her- movie star, the strength of a li- bert) Lee, 81, of Peabody, died oness and faithfulness of a saint!' # Tuesday night,June 12,2001, in She also was known for her quick Union Hospital,Lynn,after a brief wit and honesty,her passion and illness.She was the wife of the late love of animals,and she enjoyed Thomas Lee. doing crossword puzzles. Born and raised in Everett, She is survived by her son,Kevin daughter of the late William and Lee of Stoneham;a daughter and Alida(Barry)Herbert Monahan, son-in-law, Sharon and Arthur she attended Everett public Lepore of Peabody;a daughter-in- schools and graduated from law,Patricia Lee of Peabody;two Of a Everett High School,Class of 1938. brothers and sisters-in-law,William She worked for 20 years as an James and Jean Herbert of Win- executive assistant at the General chester and Thomas and Linda Mon- Electric Co.in Lynn before she re- ahan of West Townsend;eight grand- tired 21 years ago. children;and one great-grandchild.: Mrs. Lee was affectionately She was the mother of the.late known as"Dot;'and,according to Thomas H.Lee,sister of the,late ¢,l her friends and relatives,"strutted Flora Donovan and niece of the through life with the looks of a late Edmund Barry. 8 Frank Leo Bonocore, 65 in, PEABODY—Frank Leo Bono- dren,Paul and Sherry Bonocore; t. core, 65, of Peabody, died two brothers,Salvator Bonocore of in- Thursday,March 22,2001,after a Lynn and Joseph Bonocore of ed long illness. Florida;three sisters,Mary Arm- al He was born in Salem,son of the strong of Lynn, Mesina late Francisco and Stefana(Arnao) Wardsworth of Amesbury, and Bonocore,and served in the U.S. Pauline Genawese of Gloucester;; Marines and Navy during the Ko- his nieces,nephews,grandnieces; rean War and Vietnam War. grandnephews and great-grand-' He is survived by his two chil- nieces. Death notices 7. BELL—Of Marblehead,June 11, Colby,Clarence Colby and Helen Gilbert J.Bell,71 years,husband Wright.Adopted mother of Rose of Katherine"Kay"(Apgar)Bell.A Allan and Robert Potter.Funeral memorial service will be held at service in the Cuffe-McGinn Fu- me chapel at Waterside neral Home,157 Maple St.,Lynn, Cemetery,West Shore Thursday,at 4 p.m.Relatives and Drive, Marblehead, friends respectfully invited to at- Tuesday,June 19,at 10 tend.Friends may call Thursday, a.m.Family and friends (today)from 2 to 4 p.m.Donations invited. In lieu of may be sent to the American flowers,memorial con- Cancer Society,30 Speen St,Fratp- ibutions may be made to Hospice ingham,MA 01701.Directions and the North Shore Inc.,10 Elm St., guestbook, www.Legacy.com. vers,MA 01923.Arrangements (6/14) Richardson Funeral Home of SISSON — Of Lynn, June 12; .(6/14) Mrs.Jodi J. (Kossivas), of Lex- ROSSMAN — Of South ington Street,Lynn,age 40.Wife of ilton, in Okeechobee, Fla., Thomas H. Sisson, mother of it 20, 2001, Doris W. (Whit- Tommy P.Sisson and Jonathan It. r)Crossman,wife of Everett Sisson,both of Lynn.Daughter of sman.Graveside services will Judith A. (Melanson)Kossivas- eld Saturday, June 16,at 11 Jones of Lynn and the late Peter J. at Hamilton Cemetery, Kossivas.Stepdaughter of Michael milton.Friends and relatives P.Jones of Lynn;sister of John P. invited.hi lieu of flowers,con- Kossivas of Swampscott,Jill X4. butions may be made to the Palumbo and her husband,Frank, ple Street Congregational of Lynn. Funeral service in St. urch of Danvers, or to the Stephen's Memorial Episcopal ity of your choice.(6/14) ` -Church Saturday,at 11 a.m.Rela- GHES —Of Lynn,formerly of tives and friends respectfully in- ampscott,June 11,John J.Jr., vited to attend. Friends may call 77.Father of Debra A.Hughes Friday,from 2 to 4 and 7 to 9 p.m. wampscott and Jack J.and his at the Cuffe-McGinn Funeral fe, Nancy Hughes,of Swamp- Home, 157 Maple St,Lynn.Dona- tt.Brother of Lucille O'Connor tions may be sent to St.Jude Chil- of Lynn and the late dren's Hospital,501 St.Jude Place, w Marie Genest,Priscilla Memphis, TN 38105. Directions Howard, George and guestbook,www.Legacy.com. Hughes, and Muriel (6/14,15) Leonard.Grandfather of SISSON — Of Lynn, June 12, Amy, Kimberly and Mr. Thomas H. of Lexington n Hughes, and Julia Dalton. Street,Lynn,age 45. Husband of o survived by several nieces Jodi J.(Kossivas)Sisson.Father of nephews and his dearest Tommy P.Sisson and Jonathan,R. end,Pauline Squires. Funeral Sisson,both of Lynn. Brother of in the Solimine,Landergan& Paul Sisson,Larry Sisson, Gary odes Funeral Home,67 Ocean Sisson, Steven Sisson, Donald; (Route 1A),Lynn, Saturday,at Sisson and Ronald Sisson, all of; 8.m,followed by a funeral Mass Lynn,Robert Sisson of Plymouth, St.John the Evangelist Church Charlene Martino of Peabody;. Swampscott,at 10 a.m.Burial in Rhonda Thibodeau,Robin Nicolo, Joseph's Cemetery,Lynn.Rela- Deborah Sullivan,Kim Sisson,all; ves and friends respectfully in- of Lynn, Marilyn Spinazola of, ted.Visiting hours Friday,from Malden and the late Charles Sissotr to 4 and 7 to 9 p.m. Directions Jr.Funeral service in St.Stephen's d guestbook,www.Legacy.com. Memorial Episcopal Church,,Sa'C /14) urday,at 11 a.m.Relatives-:and LEE —Peabody,June 12,2001. friends respectfully invited to at orothea M. (Herbert) Lee, 81, tend. Friends may call Friday,: ife of the late Thomas A. Lee. from 2 to 4 and 7 to 9 p.m.at the oving mother to Sharon Lepore Cuffe-McGinn Funeral Home,157: I Peabody and Kevin Lee of Maple St.,Lynn.Donations may; toneham; mother of the late be sent to St.Jude Children's Hos-; Thomas H. Lee. Her funeral ser- pital,501 St.Jude Place,Memphis,' ' ice will be held Saturday,at 10 TN 38105. Directions and guest a.m.,from the Conway facility,12 book,www.Legacy.com.(6/14,15), Chestnut St.,Peabody,(978)531- WESTON — Of Beachmont-Re- 0398, of the Conway, Cahill- vere,June 13,John P.,husband of, rodeur Funeral Home,followed the late Dorothy M.(Sheehy). Fa; by a funeral Mass in Our Lady of ther of J.Peter Weston, the Assumption Church,Lynn- of Everett,Penelope A•1 field,at 11 a.m.Visiting hours are ^ Stavaro'of Newbttry- Friday,from 4 to 8 p.m.,to which port, Eileen M. .Lat- relatives and friends are kindly in- shang of Northampton„ ited to attend.Burial in Puritan Ann E. Weston of Bev- awn Memorial Park,Peabody. erly.Also survived by xpressions of sympathy may be four grandchildren and one great- ent to the Northeast Animal granddaughter. Funeral from the helter,204 Highland Ave.,Salem, Porcella Funeral Home, 876 01970.(6/14) Winthrop Ave.,Beachmont-Re- MADDEN — Of Wenham,June vere,Monday,at 9 a.m.,followed; ,Pauline McKean Madden,81, by a funeral Mass in Our Lady of, ife of the late James L.Madden Lourdes Church,Endicott Avenue, nd daughter of the late Henry Beachmont-Revere,at 10 a.m.Rel-I raft McKean and Elizabeth Lee atives and friends invited.Visiting! cKean. Survived by four chil- hours Sunday,from 4 to 8 p.m.hi-' ren, James L. Madden Jr. of terment, St. Joseph Cemetery,{ ozeman,Mont.,Anne Wieschhoff Boston.(6/14,15) f Brookline,Paul M.Madden of YEATON — Of Danvers and; ewport, R.I. and Michael L. Safety Harbor,Fla.,June 13,Mar dden of Gloucester;her brother, garet S.(Wilson)Yeaton,78,wife; enry;a sister,Florence;and five of the late Ronald Yeaton and grandchildren.Private family ser- daughter of the late James ands vices will be held. In lieu of Mary(Strain)Wilson.Mother of flowers,the family has requested Ronald James Yeaton, Richard; donations be sent in her memory Yeaton and Donald Yeaton.As re- to the Sea Education Association quested,there will be no visiting, in Woods Hole,MA 02540.Arrange- hours or service.Memorial contri-' ments by the Lee,Moody&Rus- butions in Margaret's name may. sell Funeral Home,9 Dane St.,Bev- be made to Hospice of the North! erly.(6/14) Shore, 10 Elm St., Danvers,MA! SAVORY — Of Lynn, June 12, 01923. Arrangements by C.R. Mrs.Bernice(Colby)of Meadow Lyons&Sons,Funeral Directors i Court, age 80. Sister of Charles Danvers.(6/14) -------------------- MOR SALEM Councilors stirring the pot HealthLinl in Ward 4 Peabody Pi? To the Editor. ' It appears as though two of our city councilors are up to their old tricks again.I am referring to a letter I received on City Council letterhead from Ward 4 _ Councilor Leonard O'Leary and Councilor at large Sevin Harvey. They begin by stating that"we have a serious problem in the Ward 4 area."For those who are not aware,the city held a public auction of vacant land in the Witchcraft Heights area near the DiBiase Playground at the end of Circle Hill Road.The auction took place on Dec.14,2000 and the winning bid was$288,000. This was actually the second Illyyy time the subject land was auc- -} tion(.The fust auction was held +_ on Aug.25,2000 and a high bid of Leonard $535,000 was received.However,the winning bidder never went O'Leary through with the purchase,most likely due to the fact that he did not do his homework and overestimated the development potential of the land in question. Both auctions were well publicized and legal no- tices were in the Salem Evening News on multiple To the Editor. occasions prior to each auction.I attended and was The Peabody P' qualified as a bidder at both auctions. the env ronment Where were our astute councilors when both of natural gas pipe' these auctions were taking place?I would find it hard posed route.Thr to believe that they were not aware that the city was speak out on th auctioning off this land.A more While Health likely scenario is that they got a for the pipelinr few telephone calls from some Coalition that angry neighbors and now feel com- is"a good idea pelled to take up the charge and pacts from thf come to the rescue. mining and v.i The letter goes on to say that For the pa the land(approximately 13 acres) has done sec was sold too cheaply,suggesting biggest knov that in most communities land is ticles in the Kevin Harvey worth at least$100,000 an acre. country cur Unfortunately,Salem is not like These pa most communities and this particular land is not human eye worth anything close to that. human 1 But to get us really excited,the councilors state irritation i that this land"is wetlands and open space"and that bronchitis, both"are at a minimum in the City of Salem,which (death). Tl is only 8 square miles." gens and nr On the first point,one must consider the cost of de- beryllium, velopment,design,engineering,construction of roads be virtuall}. and utilities(especially under the stringent regula- Some of ti' tions of our Planning Board)in relation to the heavy metai re number of buildable lots.I can say that the suc- aformed t cessful bidder bid 50 percent more than we thought fate particle the land was worth and were prepared to bid. ible on their .Yes,there are wetlands,which will greatly reduce together.Wt. the number of buildable lots.But we have a compe- ally billions tent Conservation Commission to ensure the in- our view in tegrity of the wetlands. Last year r. 'What is really concerning about their letter is that two power p] these two councilors seem intent of playing politics to predict the with this project.They state that"petitions are circu- these fine pa' lating around the Witchcraft Heights area to stop the the Salem Ix development of this land"and that"it is not too late 50 deaths an ,to do something about this." More reef Correct me if I am wrong,but the city has already Deaconess P sold the land to the successful bidder and he is now in late matter the process of obtaining approvals from the Conserva- tacks in at-r tion Commission.What are our defenders suggesting, Let us cor that we engage in some protracted delay tactics and Salem Powe:? hope that this developer gets so frustrated that he by HealthLu walks away from his project? a conversion' Unfortunately,this has played out all too often in ently supper "our city,which has not welcomed development.Too The gas plc often our elected officials,supported by a certain of the fine pa number of loud-spoken residents,have discouraged produce,des; developers from doing business in Salem. controls.Thi Speaking as a Salem taxpayer,I was certainly peating anoth upset when my taxes went up by$650 last year(a 25 100 new gas I percent increase in one year)and I can only see would come f. things getting worse with the decreasing revenue rently propos from the power plant.While I realize residential de- It is for this velopment places additional demands on municipal gas pipeline se services,we should be encouraging and supporting Salem power I' development in our city, a route be cho In this particular case,the city solicited bids for environments this land because they wanted it developed.Now why Bringing in: is it that a few individuals are trying to Tim the gion is a publ?' brakes on it? The anti-piL- -Numerous public hearings will be held on this pro- much of the gf ject by several city boards and commissions.These tomers south(. hearings should be used as a forum for public input thing for us on on ways to enhance the project for the benefit of the watching wean neighborhood. usually brouid I fear,however,that these hearings will,as has Making natur, often been the case,be a forum for a few outspoken pensive both i individuals to speak against the project.They will south/southwf offer no constructive comments but will certainly breathing self make their case for no development of any kind. If that gas isi 'Unfortunately,this type of behavior and attitude, will be burned especially from elected officials,damages the credi- Our ultimata bility of our entire city government and further hin- toward zero er.' ders economic development in our city. also entirely p Patrick Delulis younger reark Salem with investmf promoting en( Letters policy HeallhLink tion for their " The News encourages letters to the editor,with the fon- and we hope t lowing guider: ) For example, .The writers name and community will be pushed.To be l sibility of brit- - considered,letters rust be Signed andinclude areturn address Inthe mean or telephonencmber for verification of authenticity, steps to wean .Letters must be written to the editor,not to a third party', ; of the best way Form letters than are part afanes ftkg»dlnot beaoraptect coal,which is .Letters SNOW be legible,preferably typett those sera via a� natural gas wh mall must be part of the"ail te4NOT sent as an attachment Bringing gas. •Letters Should be no more than 450 wards fog page of -5 oe all to breaths Single-spaced type)Longe)letters may be edited or retumed to the writer for condensabob. .Letters will be edited orreturned for statements that are potentially libelous orinpoor..taste, Send letters to:Letters to the Editor,Salem Evening News,32 DAram Rd..Seveoy,MA 01915.They can also be faxed to(978) 922-4330 or schrril ted via email to rbenton0ecrnews4om 11110.. NEW Norma Slepoy 419 Gettysburg Rd. y-%A 0 0 _'��.� San Antonio,TX 78228 �� s,,..�..�_ c00% r � - City of Salem Planning Dept 120 Washington St - 3rd Floor Salem MA 01970 Y3-TA•W.N-d1 ° s PARCEL ID 09-0260-47 Circle Hill Road OCT 22 01 City of Salem Planning Dept 120 Washington St 3rd Floor Salem MA 01970 r On FRIDAY Oct 19th I received the Public Notice to Affected Property Owners ref a City council joint public hearing with the planning board-continuation to be held on THURSDAY October 18 01 . Obviously, this notice was not intended to solicity.. my attendance or given sufficient notice to assign a representative. I would appreciate your advising me of the outcome of this hearing and the affect on my ownership. Your prompt reply is appreciated. Sincerely, NORMA C. SLEPOY 419 GETTYSBURG ROAD SAN ANTONIO, TX 78228-2047 735-3332qd µ 3 Mayor Stanley J. Usovicz, Jr July 27, 2000 City Hall 93 Washington St. Salem, Ma 01970 Dear Mayor Usovicz, We are writing to you for your help in the matter of City owned property, Lot 18A Sable Road. As you are well aware the City is trying to dispose of surplus property. As direct abutters we in the past have tried to obtain this small piece of land from the City. Enclosed are copies of our letters that go back to October of 1987. As you can see we were interested then and continue to be very interested in obtaining this property. When we built our homes 15 years ago we had to have at least 100 foot frontage and 15,000 square foot lots. Most of the homes in our neighborhood have this frontage. The fact that this lot is only 50 feet wide, a house would have to go in sideways to conform with side line variances.This of course would be completely out of character for the neighborhood. We also believe this would devalue our property and create a financial hardship for us and possibly our neighbors. The fact that the land is made up of almost 100% ledge blasting is inevitable. The foundation, water, sewer and gas would have to be blasted in. This is not an option that is looked highly upon. The main reason is a water problem at 18 Sable Road. A sump pump is in place at all times. Our plan is to divide the land equally and keep it open. We feel the openness of the land is more aesthetically pleasing to the neighborhood. We hope that an acceptable agreement between us and the City can be made. Feel free to contact us anytime with any questions or discussion on this matter. We would be more than happy to meet with you or your designate for any discussion. Sincerely; )// Jjames W. O' B Michael R. Champion8 Sable Rd.S Sable Rd. ✓�G _ Salem, Ma 01970 Salem, Ma � 7447478 7442790 Enclosure Past letters cHECEIVED August 23, 2001 " SALEM __ _T. _ANN Dear Planning Board Members, I am writing this letter in regards to the proposal to develop land West of Highland Avenue. I sent a similar letter to City Council members a few weeks ago and I hope it is not too late to voice some thoughts to you on the sale and development of this land. I grew up in the neighborhood west of Highland Avenue,on Mooney Road. My childhood memories of neighborhood fun are still with me today. The wooded area between what is now Durkin Road and Circle Hill Road was our play haven, where we spent hours upon hours looking at fish in the pond, chasing bunnies, building forts and occasionally looking for a fox. These are things you do not expect to do in a city the size of Salem- but we did. Now, 30 years later,I want my daughters to experience what I did in this great city. When my husband and I married 6 years ago,we chose to start our life together in Salem. He came from a small town near Worcester but our love for the Coast kept us here. Three and a half years ago,we built a house on Durkin Road. We too, have been part of a new development. Our development,which consisted of nine single-family homes,was an addition to an existing neighborhood,the some neighborhood I grew up in. When we purchased our lot,we firmly believed we were next to conservation land and that there would never be building next to us. We live on a cul-de-sac,a perfect place to raise a family. I am now very concerned and afraid that my road will become a"raceway" between Highland Avenue and Witchcraft Heights. I understand Ken Steadman has submitted his plans to you but I hope and pray it is not too late. I have been following this since the beginning and was at that first auction last fall. I strongly feel that 30 homes in this area are far too many. The traffic on Highland Avenue today is too much-I cannot imagine what it will be like if these homes are built. Salem is a beautiful city,full of life and history. One thing we lack is"green" space. We will be loosing a significant amount of wooded area if this plan goes through. We have families that leave this city for towns like Topsfield and Danvers, in search of safe, quiet,wooded neighborhoods. These woods are full of life, life that was there long before us. Please let's preserve what is left of nature in this city and allow our children to grow up in this neighborhood,safe and free to explore what God has created. The most drastic step the City could now take would be to buy this land back. With the neighbors in such an uproar, Mayor Usovicz could gain some significant support if he stepped forward and did the right thing. Danvers and Peabody have both recently purchased land in order to preserve it, save it from development. That is what Salem should be doing instead of auctioning it off for a bargain basement price. With that said, my family and I plea with you to do what you can to prevent this large development from happening. I believe it will start with the rezoning but it will probably take more than that. Your support is needed and greatly appreciated. Thank you. Si cerely, Cristina Milani Woolhiser 7 Durkin Road cc: Mayor Stanley Usovicz RECEIVED SO -7 NI Q: 22 August 23, 2001 PLANNING DEPT Dear Planning Board Members, I am writing this letter in regards to the proposal to develop land West of Highland Avenue. I sent a similar letter to City Council members a few weeks ago and I hope it is not too late to voice some thoughts to you on the sale and development of this land. I grew up in the neighborhood west of Highland Avenue,on Mooney Road. My childhood memories of neighborhood fun are still with me today. The wooded area between what is now Durkin Road and Circle Hill Road was our play haven,where we spent hours upon hours looking at fish in the pond, chasing bunnies, building forts and occasionally looking for a fox. These are things you do not expect to do in a city the size of Salem- but we did. Now, 30 years later,I want my daughters to experience what I did in this great city. When my husband and I married 6 years ago,we chose to start our life together in Salem. He came from a small town near Worcester but our love for the Coast kept us here. Three and a half years ago,we built a house on Durkin Road. We too, have been part of a new development. Our development,which consisted of nine single-family homes, was an addition to an existing neighborhood,the same neighborhood I grew up in. When we purchased our lot, we firmly believed we were next to conservation land and that there would never be building next to us. We live on a cul-de-sac,a perfect place to raise a family. I am now very concerned and afraid that my road will become a"raceway" between Highland Avenue and Witchcraft Heights. I understand Ken Steadman has submitted his plans to you but I hope and pray it is not too late. I have been following this since the beginning and was at that first auction last fall. I strongly feel that 30 homes in this area are far too many. The traffic on Highland Avenue today is too much -I cannot imagine what it will be like if these homes are built. Salem is a beautiful city,full of life and history. One thing we lack is"green"space. We will be loosing a significant amount of wooded area if this plan goes through. We have families that leave this city for towns like Topsfield and Danvers, in search of safe,quiet, wooded neighborhoods. These woods are full of life, life that was there long before us. Please let's preserve what is left of nature in this city and allow our children to grow up in this neighborhood,safe and free to explore what God has created. The most drastic step the City could now take would be to buy this land back. With the neighbors in such an uproar, Mayor Usovicz could gain some significant support if he stepped forward and did the right thing. Danvers and Peabody have both recently purchased land in order to preserve it,save it from development. That is what Salem should be doing instead of auctioning it off for a bargain basement price. With that said, my family and I plea with you to do what you can to prevent this large development from happening. I believe it will start with the rezoning but it will probably take more than that. Your support is needed and greatly appreciated. Thank you. Sincerely, Cristina Milani Woolhiser 7 Durkin Road cc: Mayor Stanley Usovicz 3PNbI ZI(11tnav3'1q o' f1w Ua'K f'pnt. ob C"Uov e-!4 O:A" I 613 vt ' b13< '3;;t r:'it' �iL#AC�O'1(y+ I1 i1V'�; YUti wimoxii ?N+ jti!sa t'1J72111w ?, 3v3::'�d 't. C"in9C{p'i T;0,1 Yn Rtr.;I01:9V9 i b3*m5s-tq�:r.r, vlto3,g bin 1:�sb-st+ 2, '"c�i444 nL3Y *3r+* n31it a,3m SNZt y13n3or air4!ou'.V io311MI on TZF,13 b3oA ., -,+uCi C f JOHN D. KEENAN CITY OF SALEM - MASSACHUSETTS JAMES G.GILBERT City Solicitor LEGAL DEPARTMENT Assistant City Solicitor 222 Essex Street 93 WASHINGTON STREET 15 Front Street Salem, MA 01970 SALEM, MASSACHUSETTS 01970 Salem,MA 01970 Tel:(978)741-4453 Tel: (978)744-9800 Fax: (978)740-0072 Fax:(978)744-7660 Email:jdkeenanlaw®aol.com Email:gilbert0salemlawyer.com TO: Salem City Council & Sle� P nning Board FROM: John Keenan, Solicitor RE: Rezoning West of Highl d Avenue CC: Joseph Walsh, City Pla er Denise Sullivan, Asst. Ci y Planner Peter Strout, Bldg. Insp. DATE: 19 JUNE 01 The following City Council Order (14 June 01) has initiated the possible amendment of the Salem Zoning Ordinance: "That the City Council and the Planning Board hold a Joint Public Hearing to consider rezoning any undeveloped land west of Highland Avenue from R-1 to R-C." R-C is defined: Residential conservation districts which are intended to be areas in which, by reason of poor drainage, periodic flooding, rocky terrain, steep slope, or the practical difficulties of servicing such areas with public water or sewerage, only agricultural and scattered residential uses should be permitted. Salem Zoning Ordinance Section 3-1(1). The process of amending a zoning ordinance is specifically provided in the State Zoning Act (Mass. Gen. L. c. 40A). Specifically, Section 5 deals with adoption and amendment. In pertinent part, Section 5 provides the following: Notice of the time and place of such public hearing, of the subject matter, sufficient for identification, and of the place where texts and maps thereof may be inspected shall be published. . . No defect in the form of any notice under this chapter shall invalidate any zoning ordinances or by-laws unless such defect is found to be misleading. . . 1 (emphasis added) "Undeveloped land west of Highland Avenue", in my opinion, lacks the requisite specificity to provide adequate notice to potential landowners affected by same. The specific parcels suggested for zoning change ought to be identified. Does it include Hanson, Ord, Granite and Mooney? Where is the line drawn from the intersection of Highland/Essex and Boston Streets? Although I have not located a case interpreting "misleading," this proposal may very well fit that description. On this reason alone, it may not be proper to proceed on this proposal. More importantly, however, are concerns of spot zoning and the taking of property. Spot Zoning: Essentially, spot zoning is the arbitrary and unreasonable singling out for disparate treatment of one parcel of land from similar parcels in the same zoning district. See McHugh v. Bd of Zoning Adjustment of Boston, 336 Mass. 682, 688- 89, 147 N.E. 2d 761, 765-66 (1958). Ostensibly, spot zoning violates the statutory requirement of Section 4 of the Zoning Act that "all zoning regulations and restrictions . . . be uniform for each class and kind of buildings, structures of land, and for each class or kind of use throughout the district." Mass. Gen. L. c. 40A, § 4. The United States Supreme Court in the seminal case of Euclid v. Ambler Realty Co., 272 U.S. 365 (1926), made it clear that cities and towns have authority to regulate land use and dimensional restrictions. The Euclid Court also made it clear that zoning can only be done where it has a substantial relation to the public health, safety, morals or general welfare. 'The line in which this field separates the legitimate from the illegitimate assumption of power is not capable of precise delimitation. It varies with circumstances and conditions." Id. at 387. Courts have given an indication of where this line is crossed and where zoning regulations are unreasonable as applied to specific parcel(s). One of the most famous U.S. Supreme Court resulted from zoning in Cambridge, Massachusetts. There, a small portion of land historically used for industrial purposes was placed in a residential district. The Court (reversing the Massachusetts Supreme Judicial Court) held that the zoning change could not be enforced against the landowner because it did not promote the health, safety and welfare of the inhabitants of that part of the city. Nectow v. Cambridge, 277 U.S. 183 (1928). See also, Barney and Carey Co. v. Milton, 324 Mass. 440, 87 N.E.2d 9 (1949)(conversion of landowner's property from commercial to residential improper), Aronson v. Sharon, 346 Mass. 598, 195 N.E. 2d 341 (1964)(Sharon zoning bylaw [requiring 100,000 square feet] as applied to landowner did not 2 bear a rational relation to the public safety, health, morals, welfare or convenience). Spot zoning is generally identified by a "singling out" of parcel(s). The fact that a parcel has been singled out suggests that rezoning does not have a legitimate public purpose, for there seem to be few legitimate reasons why the public good is best served by distinguishing one citizen's land from the identical land of his or her neighbor. Mass. Zoning Manual, MCLE, vol 1., p.2-16. Has a parcel been singled out from similar surrounding land for disparate treatment? Has a parcel been singled out for more restrictive treatment (ie. R1 to RC) than similar surrounding land resulting in economic detriment to the landowner? See e.g. Schertzerv. Somerville, 345 Mass. 747, 751-52, 180b N.E. 2d. 555, 558 (1963) What is the motive behind the change? Id. What is the size of the singled out property? The smaller the rezoned parcel, the more difficult it is for the municipality to justify disparate treatment of the parcel in terms of both uniform, comprehensive planning and promotion of the general welfare. See Atherton v. Selectman of Bourne, 337 Mass. 250, 255, 149 N.E. 2d 232, 234 (1958); Marshall v. Topsfield, 13 Mass. App. Ct. 425, 429, 433 N.E. 2d 1244, 1246 (1982)(procrustean boundaries or singling out are hallmarks of spot zoning). Are each of these parcels consistent with purpose/definition of R-C? Taking of Property: Where does the proper use of police power end and taking begin? One touchstone separating the valid exercise of the police power from a compensable taking seems to be the point at which the power to regulate is exercised in such a manner and to such an extent that it deprives a citizen "of all practical value to [him or her] or to anyone acquiring it, leaving [him or her] only with the burden of paying taxes on it." MacGibbon v. Bd of Appeals of Duxbury, 255 N.E. 2d 347, 351-52 (1970). The U.S. Supreme Court has also stated that a taking occurs ..where a regulation denies all economically beneficial or productive use of land." Lucas v. South Carolina Coastal Council, 112 S.Ct. 2886 (1992). Applying these principles, the Mass SJC has held that the application of a zoning bylaw making a parcel in a residential area usable for no purpose except as a "playground, park, or ornamental grounds or, perhaps for use as an accessory to the use of an adjoining lot" would deprive the owner of all practical value and accordingly constitute a taking. See Jenckes v. Bldg. Comm'r of Brookline, 167 N.E. 2d 757, 759 (1960). 3 Courts generally prefer to see zoning changes carried out through extensive review and analysis such that changes that may economically harm some parcels are outweighed by the net benefit for the community. Lastty, in a strong indication that the present U.S. Supreme Court looks favorably towards protecting individual property rights, it has recently held that even a person who purchases property after a zoning change may have a viable takings claim for that earlier action if it deprives him of the economically beneficial use of his property. See Palazzolo v. Rhode Island, (Kennedy, J.) Decided June 28, 2001 (petitioner's acquisition of title after the wetlands regulations effective date did not bar his takings claims). 'The State may not put so potent a Hobbesian stick into the Lockean bundle... A state would be allowed, in effect, to put an expiration date on the Takings Clause. Future generations, too, have a right to challenge unreasonable limitations on the use and value of land." Conclusion: Based upon a review the information gathered by the Planning Department which describes some of the potential impact of this proposed amendment, it is my recommendation that this proposed amendment be summarily withdrawn. The potential flaw in notice and inherent vagueness of the proposed change, coupled with significant concerns of spot zoning make it highly unlikely to withstand anticipated expected judicial review. Moreover, it also raises serious concerns about potential takings claims by numerous landowners. 4 Property Owner List Vacant Parcels Affected By Proposed Zoning Change Parcel ID Number StreetName PropertV Owner Zoning Acres Land Value BuildingValue Total Value 03-0020-0 8 PYBURN AVENUE MICHAUD JUNE M R1 0.15 $16,900 $0 $16,900 03-0057-0 2 RAVENNA AVENUE PULEO REALTY TRUST R1 0.46 $110,900 $0 $110,900 03-0058-0 SAVONA STREET PULEO REALTY TRUST R1 0.47 $61,700 $0 $61,700 03-0069-0 393 HIGHLAND AVENUE PARDO FAMILY TRUST R1 0.46 $82,500 $0 $82,500 03-0074-0 405 HIGHLAND AVENUE PIERNI ERNEST V R1 0.69 $87,500 $0 $87,500 04-0007-0 APPLEBY ROAD YAROSH GERALD R1 0.72 $25,800 $0 $25,800 04-0021-0 30 RAVENNA AVENUE NOBLE JAMES A R1 0.37 $91,200 $0 $91,200 04-0029-0 21 BARCELONA AVENUE FRANCULLO MICHAEL A R1 0.17 $78,300 $0 $78,300 08-0013-0 6 BARCELONA AVENUE JERMYN REALTY TRUST R1 0.30 $10,300 $0 $10,300 08-0020-0 THOMAS CIRCLE LAGONAKIS NONDAS R1 0.67 $25,600 $0 $25,600 08-0040-0 19 ORLEANS AVENUE DIONNE ERNEST R1 0.24 $19,200 $0 $19,200 08-0068-0 27 MARLBOROUGH ROAD NEW ENGLAND POWER CO R1 0.31 $94,300 $0 $94,300 08-0069-0 3 MICHAEL ROAD NEW ENGLAND POWER CO R1 5.70 $206,700 $0 $206,700 08-0072-0 MICHAEL ROAD MASELLA DONALD R R1 0.28 $26,500 $0 $26,500 08-0078-0 21 VERONA STREET PORCELLO JANE E R1 0.39 $57,400 $0 $57,400 08-0089-0 3 GREENLAWN AVENUE CHASE JANET A R1 0.11 $16,000 $0 $16,000 08-0122-0 CLOVERDALE AVENUE NEWTON AMY H R1 0.39 $22,800 $0 $22,800 08-0155-0 5 ROCKMERE STREET AMERICAN BEVERAGE CORP R1 0.51 $124,300 $0 $124,300 08-0156-0 6 ROCKMERE STREET AMERICAN BEVERAGE CORP R1 0.22 $92,900 $0 $92,900 09-0001-0 57 MARLBOROUGH ROAD OSBORNE MILLS REALTY TRUS R1 161.50 $2,125,300 $0 $2,125,300 09-0008-0 103 MARLBOROUGH ROAD BRITTON PATRICIA F R1 0.13 $15,900 $0 $15,900 09-0031-0 96 MARLBOROUGH ROAD JERMYN REALTY TRUST R1 0.11 $15,600 $0 $15,600 09-0041-0 152 MARLBOROUGH ROAD DORINGER JOSEPH H R1 0.26 $90,000 $0 $90,000 09-0068-0 5 VISTA AVENUE MJT TR R1 0.35 $95,700 $0 $95,700 09-0081-0 3 OUTLOOK AVENUE GLORRIA REALTY TRUST R1 0.13 $8,100 $0 $8,100 09-0082-0 5 OUTLOOK AVENUE JERMYN REALTY TRUST R1 0.14 $8,300 $0 $8,300 09-0083-0 7 OUTLOOK AVENUE CASEY EUGENE J JR R1 0.28 $56,600 $0 $56,600 09-0093-0 12 BUENA VISTA AVENUE JERMYN REALTY TRUST R1 2.40 $45,100 $0 $45,100 09-0094-0 10 BUENA VISTA AVENUE SASALUXANON TANIN R1 0.37 $23,000 $0 $23,000 09-0106-0 9 BUENA VISTA AVENUE VINCENT DIBIASE INC R1 0.48 $118,100 $0 $118,100 09-0130-0 18 SABLE ROAD SALEM CITY OF R1 0.12 09-0255-0 40 CIRCLE HILL ROAD DEIULIS BROTHERS R1 1.50 $148,000 $0 $148,000 09-0256-0 50 CIRCLE HILL ROAD DEIULIS BROS CONST CO INC R1 0.59 $126,600 $0 $126,600 09-0258-0 44 DELL STREET TRIPODES MARY R1 0.23 $20,300 $0 $20,300 09-0259-0 38 DELL STREET SALEM CITY OF R1 0.81 09-0260-0 47 CIRCLE HILL ROAD SLEPOY NORMA C R1 0.45 $24,500 $0 $24,500 Property Owner List Vacant Parcels Affected By Proposed Zoning Change Parcel ID Number StreetName Property Owner Zoning Acres Land Value BuildingValue Total Value 09-0262-0 SPRINGSIDE AVENUE POMAKIS FANNIE R1 0.29 $101,800 $0 $101,800 09-0267-0 29 CLOVERDALE AVENUE NEWTON AMY H R1 0.56 $25,100 $0 $25,100 09-0269-0 30 CLOVERDALE AVENUE NEWTON AMY H R1 2.20 $55,400 $0 $55,400 09-0275-0 121 MARLBOROUGH ROAD MABEL REALTY TRUST THE R1 3.20 $161,600 $0 $161,600 09-0280-0 25 CLOVERDALE AVENUE NEWTON AMY H R1 0.36 $22,000 $0 $22,000 10-0040-0 30 CALUMET STREET WARD MICHAEL D R1 0.34 $21,600 $0 $21,600 10-0045-0 6 FREDERICK STREET HUNT JAMES J R1 0.23 $18,900 $0 $18,900 10-0050-0 2 DUNDEE STREET PARE JOSEPH A JR R1 0.15 $84,100 $0 $84,100 10-0052-0 5 CARROLLTON STREET PYBURN THOMAS W JR R1 0.11 $16,000 $0 $16,000 10-0216-0 4 FREDERICK STREET GENTILE RICHARD L R1 0.16 $85,000 $0 $85,000 14-0029-0 15 FREEMAN ROAD SALVO FRANK P R1 0.64 $25,400 $0 $25,400 14-0030-0 11 DELL STREET STEADMAN R1 3.70 14-0031-0 23 DELL STREET STEADMAN R1 1.30 14-0032-0 13 DELL STREET MORRIS MARION BARNET R1 0.27 $21,000 $0 $21,000 14-0033-0 28 DELL STREET STEADMAN R1 3.70 14-0034-0 26 DELL STREET DIBIASE UGO R1 0.24 $10,200 $0 $10,200 14-0035-0 22 DELL STREET STEADMAN R1 0.44 14-0036-0 26 PARLEE STREET BULYGA MICHAEL R1 0.22 $20,000 $0 $20,000 14-0038-0 20 PARLEE STREET LAZARIDES HARRY R1 0.26 $20,900 $0 $20,900 14-0039-0 18 PARLEE STREET DIBIASE SALEM REALTY TRUST R1 0.31 $16,400 $0 $16,400 14-0048-0 PARLEE STREET DIBIASE SALEM REALTY TRUST R1 0.15 $18,700 $0 $18,700 14-0049-0 PARLEE STREET KARAKOUDAS GEORGE A R1 0.11 $17,900 $0 $17,900 14-0050-0 17 PARLEE STREET DIBIASE SALEM REALTY TRUST R1 0.13 $18,300 $0 $18,300 14-0051-0 19 PARLEE STREET GEORGILAKIS PETER J ETALI R1 0.14 $18,500 $0 $18,500 14-0052-0 21 PARLEE STREET DIBIASE SALEM REALTY TRUST R1 0.18 $19,200 $0 $19,200 14-0053-0 20 DELL STREET DIBIASE UGO R1 0.30 $10,800 $0 $10,800 14-0054-0 16 DELL STREET STEADMAN R1 0.35 14-0055-0 14 DELL STREET SHNEIDER BESSIE R1 0.16 $18,900 $0 $18,900 14-0062-0 43 CROWDIS STREET ANARPET REALTY CORP R1 0.17 $86,300 $0 $86,300 14-0069-0 48 CROWDIS STREET ANARPET REALTY CORP R1 0.42 $113,800 $0 $113,800 14-0091-0 VALLEY STREET GALLO PAUL J R1 1.00 $128,800 $0 $128,800 14-0109-0 106 HIGHLAND AVENUE CARON BERNARD F R1 0.16 $12,600 $0 $12,600 14-0114-0 10 ALMEDA STREET GIACULONE ANTHONY R1 0.13 $18,200 $0 $18,200 14-0117-0 16 ALMEDA STREET MCKAY GLORIA ANN R1 0.12 $18,100 $0 $18,100 14-0118-0 18 ALMEDA STREET KANTOROSINSKI MIROSLAW R7 0.14 $18,600 $0 $18,600 14-0119-0 20 ALMEDA STREET MASSACHUSETTS ELECTRIC CO R1 0.19 $19,500 $0 $19,500 Property Owner List Vacant Parcels Affected By Proposed Zoning Change Parcel ID Number StreetName Property Owner Zoning Acres Land Value BuildingValue Total Value 14-0120-0 22 ALMEDA STREET DIBIASE SALEM REALTY TRUST R1 0.74 $26,000 $0 $26,000 14-0121-0 24 ALMEDA STREET SALEM CITY OF R1 4.00 14-0122-0 19 ALMEDA STREET LEVESQUE LAURENT R1 0.25 $20,600 $0 $20,600 14-0131-0 8 CROWDIS STREET PATRINOS CHARLES R1 0.19 $82,900 $0 $83,400 14-0138-0 23 CHERRY HILL AVENUE ANARPET REALTY CORP R1 0.16 $81,300 $0 $81,300 14-0144-0 6 DELL STREET SALEM CITY OF R1 0.46 14-0196-0 103 HIGHLAND AVENUE KATSAPETSES THOMAS N R1 0.11 $12,000 $0 $12,000 14-0197-0 12 ALMEDA STREET GIACULONE ANTHONY R1 0.13 $18,400 $0 $18,400 14-0225-0 13 CHERRY HILL AVENUE HANTZOPOULOS PETER R1 0.52 $112,200 $0 $112,200 14-0226-0 15 CHERRY HILL AVENUE LABRECQUE MICHAEL J R1 0.15 $84,600 $0 $84,600 14-0234-0 VALLEY STREET CHICONAS NICHOLAS J R1 0.16 $94,600 $0 $94,600 14-0240-0 3 VALLEY STREET SPILIOTIS PAUL D R1 0.19 $19,400 $0 $19,400 14-0252-0 2 CROWDIS STREET VALLIS GEORGE P R1 0.19 $41,600 $0 $41,600 14-0261-0 22 CROWDIS STREET PIEMONTE JOSEPH M R1 0.12 $18,100 $0 $18,100 14-0269-0 20 FREEMAN ROAD SALVO RALPH F R1 0.38 $22,800 $0 $22,800 14-0271-0 19 FREEMAN ROAD NOLAN FRANK G R1 0.65 $25,500 $0 $25,500 14-0272-0 17 FREEMAN ROAD SALVO THOMAS R R1 0.57 $25,100 $0 $25,100 14-0274-0 22 FREEMAN ROAD BEAUSOLEIL STELLA M R1 0.60 $25,300 $0 $25,300 14-0278-0 24 FREEMAN ROAD SCAPAROTTI MICHAEL R1 0.90 $26,600 $0 $26,600 14-0279-0 18 FREEMAN ROAD MILLIGAN ROY H R1 0.44 $24,100 $0 $24,100 14-0297-0 12 MOONEY ROAD DEIULIS BROS CONST CO INC R1 0.23 $91,300 $0 $91,300 14-0311-0 4 VALLEY STREET DEFRANZO JOSEPH A R1 0.15 $18,700 $0 $18,700 15-0090-0 15 WALL STREET VERVATES REALTY TRUST R1 0.20 $97,400 $0 $97,400 15-0095-0 5 HENRY STREET FOURNIER JANE A R1 0.17 $92,100 $0 $92,100 15-0096-0 3 HENRY STREET MORGAN KEVIN F R1 0.17 $92,100 $0 $92,100 15-0242-0 13 NICHOLS STREET GIANNIAS DENNIS R1 0.12 $17,100 $0 $17,100 15-0315-0 16 SCOTIA STREET PLANTE NOMINEE TRUST THE R1 0.58 $134,300 $0 $134,300 15-0362-0 3 BEMIS STREET LOTS 4 6 8 BEMIS ST SALEM RL R1 0.16 $18,400 $0 $18,400 15-0427-0 21 ALMEDA STREET ALMEDA ST INVESTMENT RLY T R1 2.07 $53,300 $0 $53,300 15-0429-0 37 ALMEDA STREET WEST COTE ERNEST J R1 0.16 $18,900 $0 $18,900 15-0430-0 39 ALMEDA STREET WEST NICKITOPOULOS MARY ET ALI R1 0.20 $19,600 $0 $19,600 15-0446-0 PARLEE STREET DIBIASE SALEM REALTY TRUST R1 0.36 $57,200 $0 $57,200 15-0524-0 24 SOUTH STREET DIBIASE SALEM REALTY TRUST R1 0.54 $24,000 $0 $24,000 16-0023-0 11 ABORN STREET TGETTIS CHARLES C R1 0.11 $14,900 $0 $14,900