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MINUTES - Joint Public Hearing with Planning Board - 3/2/2005 55 CITY OF SALEM MARCH 2, 2005 CONTINUATION OF A JOINT PUBLIC HEARING WITH PLANNING BOARD A continuation of a Joint Public Hearing of the City Council and the Planning Board was held in the Council Chamber on Thursday, March 2, 2005 at 6.30 P.M. for the purpose of discussing a proposed zoning amendment to consider zoning for the North River Canal Corridor Neighborhood. Notice of this meeting was posted on February 25, 2005 at 12.00 P.M. and advertised in the Salem Evening News on February 16 and 23, 2005. Councillor O'Leary arrived at 6.40 P.M. Councillor Furey arrived at 6.50 P.M. Councillor Veno arrived at 6.55 P.M. Councillor O'Keefe arrived at 7.45 P.M. President Michael Bencal presided. Councillor Bencal first thanked the North River Canal group and everyone for coming. Council President Bencal introduced the Planning Board introduced the members of the Planning Board. The Planning Board Members present were Charles M. Puleo, Chirstine B. Sullivan, John C. Moustakis, Gene Collins, Pamela J. Lombardini. Assistant City Planner Denise McClure gave an overview of the history and highlights on what was done since 2003. In 2003 we took a look at the Master Plan and put together a working group and looked at what kind of Development we wanted for this area. The Master Plan didn't match zoning maps it showed industrial zone and didn't allow for residential. The implementation of the Committee talked about a mixed use district the first meeting was March 2004. The existing map was looked at and some areas zoned for industrial were residential. Should be R-2. The Park should be R- C (conservation) and blue area on new map is being talked about. Mixed use allows retail, residential and office. It allows 3,000 sq. ft. and other use above. They didn't want to see just retail. Anything not single or two-family requires site plan review. Also would add design review board sub-committee of Redevelopment Authority. Any project would utilize group in place and refer to design review board and make recommendations. We wanted to have parking in the rear. Dimensional requirement is 35,000 sq. ft. for R-3 and height of 50 ft. or 4 stories. 56 CITY OF SALEM MARCH 2, 2005 CONTINUATION OF A JOINT PUBLIC HEARING WITH PLANNING BOARD Also preserving historic structure. Historic structure may be turned into affordable housing. Bonus of 10% of allowed units no time can you get double. It's incentive to have a developer make it happen. Denise mentioned Transitional District Overlay: properties at edge of district, buffer zones if you build a building close to a residential property and height of building restricted. Allowed uses in district (water) by right others by permit. How dense for every 55,000 sq. ft. Councillor Bencal noted that Councillors Veno, O'Leary and Furey arrived. Councillor Furey stated he is impressed with the work that was done by the committee what was the mandate given to you. Ms. Rita Markunas — Stated she didn't recall if there was a mandate or requirements of the group. The ideas came from the Master Plan and Ms. McClure pulled from it and worked on it and envisioned what we might want. We had a lot of comments from the audience at the meetings and guidance from Mr. Walter Power of the Planning Board. We were just a group of volunteers. The City of Salem made this possible. Councillor Furey expressed his thanks to the group. Councillor O'Leary asked to go over the boundary lines. Ms. McClure stated the boundaries go from North Street, Franklin Street, North Street overpass to Bridge Street it includes the Webb Building, the old Sylvania site, Boston Street, Flynn Street, Goodhue Street, Flint Street to Mason Street to North Street. Councillor Pelletier asked why the Goldberg property the old Salem Grease was not included. Ms. McClure stated that they didn't want the area to grow to large and there was not enough time to include them. Councillor Pelletier stated the plan was from Boston Street to North Street and Franklin Street. Ms. McClure stated nothing was added in, it was reduced. Councillor Bencal asked if a descriptive plot plan has been filed with the City Clerk? 57 CITY OF SALEM MARCH 2, 2005 CONTINUATION OF A JOINT PUBLIC HEARING WITH PLANNING BOARD Ms. McClure stated a map has been submitted and that is what we are using. Councillor Bencal read the ordinance no approved plan is in place. Ms. McClure stated she will discuss it with the Solicitor. Councillor Bencal stated this was disappointing. Councillor Pelletier asked if the Salem Oil and Grease property be included now? Ms. Rita Markunas (192 Federal Street) member of the Committee for the NRCC stated they received letters from Salem Oil and Grease and didn't have enough time to include them. It wasn't in the Master Plan and they received everything late in the process. Councillor Bencal stated in light of the review of the City Ordinance, I cannot conduct a Public Hearing at this time. But for the people who came he will open discussion up to the floor but it's not the Public Hearing. Councillor Pelletier moved to open up to Public Discussion. Christine Sullivan of the Planning Board stated light manufacturing is confusing the definition is needed to see whether it was allowed. Ms. McClure stated it is allowed by permit. Ms. Sullivan stated she still needed the definition. Mr. Dilisio a construction designer stated that he was not looking for 200 units here only to find out if zoning is changed or not. He is not opposed. Councillor Bencal clarified that Mr. Dilisio is not opposed. Ms. Markunas, the chairperson for the group on the Master Plan which started in 2002, stated that all the weeks we worked on it that the City Councillors would go through this and rework it. I kept telling the group the Councillors would do the rest. Ms. Meg Towey thanked all the people who worked on this. This is a great development project that is good for this city. I urge you to include Salem Suede, Goldberg and Goodhue Street. Ms. Barbara Warren asked if the flood plane was taken into account. 58 CITY OF SALEM MARCH 2, 2005 CONTINUATION OF A JOINT PUBLIC HEARING WITH PLANNING BOARD Ms. McClure stated the Flood Zone has Special Permits. Mr. Barbara Cleary stated she attended many meetings and thanks the committee on this difficult task. It's a large area that will be developed someday. They took destiny into their own hands. Mr. Martin Imm an abutter to the district participated in the process and assisted with a couple of points. Zoning is attempted to make Master Plan come alive. The group elected their leader and process in the bylaw was consensus. Many public comments were considered and should be kept in mind. Extending the zone to Salem Grease well we were so far into the process it didn't make sense unless you amended the master plan. One goal of the committee was the neighborhood groups were in adversarial condition with developers, this brought everyone together and developer would see us as allies. Mr. Dilisio of Dilisio Construction stated for a developer to develop the area the square footage is not good enough. Mr. Staly McDermott stated he was a working group member for what is before you right now the developer comes in and develops land. How did this happen. This plan was intended not to let this happen. This is zoned as downtown district. Master Plan had traffic study by engineers, tough intersection. Engineers said solution to intersection can't be fixed. You can do a few things but it will have a negative impact. We came in and had a chance to look at the area and do something good for the city. Asked council to move ahead. Councillor O'Leary moved to open up to City Council and close public comment. Councillor O'Leary stated he is not in favor of including Flynn Tan and Dunkin Donuts all other property he agrees with. Go straight down Goodhue Street. When you talk about Canal River Corridor it should follow the Canal. Peabody has gotten money to widen the canal. What impact will this have on Salem. Ms. McClure stated that they didn't have the information. She can put in a call. Councillor O'Leary stated he looked over the plan for NRCC we don't need any extra. Franklin Street poperty is the River not the Canal. They were supposed to do something with the wall. Think about the whole canal and it being widened. Harmony Grove Road will flood. Councillor Sosnowski stated he didn't want to slow the project. How long do we wait. Any kind of development on that street would be devastating. North Street hasn't 59 CITY OF SALEM MARCH 2, 2005 CONTINUATION OF A JOINT PUBLIC HEARING WITH PLANNING BOARD improved traffic. This is a guideline hopefully to show other neighborhoods how to protect our city. Most phone calls are about density. Everyone has done great work and it would be a shame to let this slide. We are still sitting on a zoning book done in 2001. This group of 20 people, was appointed by the Mayor. Councillor Bencal stated that no one wants to sit on this. Councillor Sosnowski thanked committee for their work. Councillor Veno stated he hoped this was one of many meetings on this topic. Thanked committee for detailed presentation. It warrants a detailed consideration. This body needs to help this vision and to implement it. This project is at a critical moment. We need to get into all issues. The vision for this neighborhood, that we're trying to implement have properties that need to be rezoned. This is a precident and hope this is the first of many for the City and Master Plan. Councillor Lovely stated not much more could be said but thanked the group for all the hours they invested. She asked if there was any discussion on prohibited uses such as used car lots? Ms. McClure stated there was not specific discussion. Ms. Rita Markunas discussion was more of noise issues than use issues. Councillor Furey stated if we delay or defer it this will be a road block and we shouldn't pick apart the work they've done. I hope we can move on. We need to put a time frame on this. Six months? Councillor O'Keefe arrived at 7.45 P.M. Councillor Pelletier stated he supports of the committee and work needs to be done by the Council. He asked mixed use district what is the maximum height and square footage and where is this traffic study. Ms. McClure stated she will give a copy to the Council. Councillor Sosnowski asked why this needs to be expedited, this is an entrance corridor and he wants other areas to have the same possibilities. This applies to all of Salem. Councillor Sargent stated he believed it will move fast. In the past there has never been so much input. 60 CITY OF SALEM MARCH 2, 2005 CONTINUATION OF A JOINT PUBLIC HEARING WITH PLANNING BOARD Councillor Pelletier asked difference between Mixed use and height. Ms. McClure stated it was the decision of the group, they didn't want to block the view of the river. Councillor Bencal asked how long to get in compliance with the ordinance. Ms. McClure stated she will call surveyor tomorrow. Councillor O'Keefe stated this is confiscatory zoning, North Street to Franklin, Buffum Street extension. What about Industrial use? Ms. McClure stated this will allow some light industrial. Councillor O'Keefe asked what industrial use now? Ms. McClure stated any industrial there now is grandfathered. Councillor Bencal stated this is not fiscatory. As someone who reached out to the community it's regrettable not to continue the process of the Public Hearing at this time. We need to keep in compliance out of respect for all the work that was done. Next weeks Public Hearing will not take place. Councillor O'Leary moved the meeting be recessed at 7.10 P.M. The Public Hearing will be continued for a date determined by the Council. ATTEST: CHERYL A. LAPOINTE CITY CLERK