MINUTES - Joint Public Hearing with Planning Board - 12/29/2003 CITY OF SALEM 333
December 29, 2003
JOINT PUBLIC HEARING WITH PLANNING BOARD
A Joint Public Hearing of the City Council and the Planning Board was
held in the Council Chamber on Monday, December 29, 2003 at 6.00 P.M. for the
purpose of discussing a proposed zoning amendment to consider creating a
Conservation Overlay District in the City of Salem for the boundaries of Highland
Park. Notice of this hearing was posted on December 12, 2003 at 11.40 A. M.,
and advertised in the Salem Evening news on December 15 and 22, 2003.
Councillors Furey and O'Leary were absent.
President Kevin Harvey presided.
The City Planner was absent.
The Planning Board did not have a quorum. There were only two
members of the Planning Board present. William Power, and Pamela
Lombardini.
Councillor O'Keefe challenged the chair regarding proceeding with the
Public Hearing.
Councillor O'Keefe moved for an opinion for the City Solicitor.
Councillor Harvey objected.
Councillor Bencal didn't think the Council should proceed with the Public
Hearing because of the wording on the agenda.
Councillor DeToma wants to proceed forward independently from the
Planning Board.
Councillor Chuber questioned if we are proceeding legally.
Councillor Harvey requested and received unanimous consent to suspend
the rules to allow the City Solicitor, John Keenan to speak.
Solicitor Keenan's opinion was that the Council could proceed
independently but could not take a vote on the zoning matter.
Councillor Harvey moved to compromise and open the Public Hearing
then continue to next year.
334 CITY OF SALEM
December 29, 2003
JOINT PUBLIC HEARING WITH PLANNING BOARD
Councillor Harvey requested and received unanimous consent to withdraw
his motion.
Councillor O'Keefe requested and received unanimous consent to
withdraw his motion to challenge the chair.
Planning Board Chairman, Walter Power, said he would like the joint
Public Hearing in the New Year, 2004.
Council President Harvey opened the Public Hearing.
Councillors O'Leary and Furey arrived at 6.30 P. M.
Councillor O'Leary moved to have the Public Hearing in the new year with
the new Councillors. The motion was defeated by a roll call vote of 3 yeas, 8
nays, and 0 absent. Councillors O'Leary, O'Keefe and Furey were recorded as
voting in the affirmative. Councillors Sargent, Lovely, Harvey, Flynn, Driscoll,
DeToma, Chuber, and Bencal were recorded in the negative.
Several residents spoke on the subject.
Several Councillors spoke on their disappointment that the Council could
not vote on this subject at this meeting.
Councillor O'Leary assumed the Chair.
Council President Furey takes the chair.
Councillor O'Keefe moved that the hearing be closed.
Councillor Harvey moved that the hearing be continued in 2004 and the
Planning Board be invited to continue. It was so voted.
Councillor O'Keefe requested and received unanimous consent to
withdraw his motion.
Councillor Driscoll wanted to make a clarification on the next meeting
regarding the Public Hearing. The Planning Board has 21 days to respond. The
Planning Board needs to advertise the Public Hearing separate from the City
Council.
Councillor Bencal moved for a 2 minute recess. It was so voted.
CITY OF SALEM 335
December 29, 2003
JOINT PUBLIC HEARING WITH PLANNING BOARD
Councillor O'Keefe moved the hearing be recessed. It was so voted.
On the motion of Councillor O'Keefe the hearing was recessed at 7.29 P. M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK