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MINUTES - Joint Public Hearing with Planning Board - 8/18/2005 204 CITY OF SALEM AUGUST 18, 2005 CONTINUATION OF 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 Thursday, August 18, 2005 at 6.00 P.M. for the purpose of discussing a proposed Zoning Amendment to create the "North River Canal Corridor Neighborhood Mixed Use District" (NRCC). Notice of this meeting was posted on August 12, 2005 at 8.23 A.M. and advertised in the Salem Evening News on August 4tn and 11 th, 2005. Councillor Pelletier, and Councillor O'Leary were recorded as absent. Councillor Corchado and Veno arrived late. President Michael Bencal presided. Councillor O'Keefe asked for a moment of personal privilege to congratulate Valerie Gingrich who is leaving the city to pursue her education. On the matter of the proposed Zoning Amendment to Create the North River Canal Corridor Neighborhood Mixed Use District (NRCC) Planning Board Members in attendance: Gene Collins, Pamela Lombardini, John C. Moustakis, Walter B. Power III, Timothy F. Ready and Christine Sullivan who arrived at 6.35 P.M. Councillor Harvey Opened the Public Hearing. Councillor Harvey asked for a moment of personal privilege regarding an issue of units for DiBiasi Porject. He stated that the square footage could be 112 on the Salem side and 70 on the Peabody side. He respectfully asked the Planning Board to do a peer review on the site and how many they can actually build. He stated it is a complicated site and that we need a firm number that the developer can build. The Chair then asked for comment from for those in favor of the zoning proposal. Appearing in Favor: Mr. Jim Treadwell — 36 Phelps Street, Salem: a retired planner and served on the committee for the NRCC master plan. Hope the plan has been digested, Zoning is based on a plan. 205 CITY OF SALEM AUGUST 18, 2005 CONTINUATION OF JOINT PUBLIC HEARING WITH PLANNING BOARD The zoning before you that the plan has been read this will compliment the Master Plan. Proposals are consistent with a Master Plan and the Law. The plan is not based on certain knowledge. The committee didn't know where electrical, water or sewer lines were. They had no knowledge of contaminants or surface conditions. Many of the sites may be listed as a concern. This plan as valued and endorsed by the administration is based on the data that was known. The area is in a flood plain it maybe the basis it was not developed before. Parking issue is 1 '/2 to 1 unit. But planning said 2 spaces per unit. Council may wish to decide if this is adequate. Developers are seeking bonuses for parcels near south Mason street. The developer is requesting 16 units on 2,300 acre lot. Our current ordinance is 3,500 square feet for each unit. Bonuses were discussed by council if in this area why not other areas of the city. Allow for Artist lofts. The issue of bonuses should be considered by council. It will allow twice the density. The developer is willing to increase the density. Councillor Bencal received a letter from Patricia Donahue & LTD Associates representative of 63 Grove Street. Lynn Duncan — Planner: City has been working with the Committee for the NRCC for past year. The city received a smart growth award from the Governor. It will open other doors for the City of Salem. I will not get into the specifics of ordinance. The advantages of this ordinance will act as a catalyst to develop this site and create a mix of residential and business uses. Non- conforming uses will be allowed to continue to operate. This will create an urban village. Better pedestrian access to railroad and park. Development would be compatible with the residential areas. There were many meetings with the neighbors. Martin Imm - 174 Federal Street: participated in the committee on the master plan. Any comments are made on the committees behalf. The number of people involved and meetings were well attended by the Community. One person, Rita Marcunas, made sure everyone was heard. This is the product of a lot more than just the committee members. It's the work of all who participated and are pleased with the results. The Committee tried to get people familiar with zoning bylaws. The readers guide to zoning by-laws may be useful. The Committee felt strongly that the area needed help. We are trying to get it developed. I believe we've accomplished that. There are more issues but please pass this as submitted. Developer for Franklin Street: got together with business on Franklin Street density is my issue. 206 CITY OF SALEM AUGUST 18, 2005 CONTINUATION OF JOINT PUBLIC HEARING WITH PLANNING BOARD Mr. Ferris — Naples Road, Salem: Any group that would come up with this devalues our property. What you have is spot zoning. One meeting was not public. Councillor Bencal — you can take it up with the District Attorney. Mr. Ferris — Everyone is now focusing on Franklin Street. (Mr. Ferris is opposed) Ms. Katherine Medcroft— area is not designed for that many units in that area. Traffic is bad now. Walking is difficult, we need to protect the neighbors. We need to keep in mind and do a Traffic Study. I avoid Mason Street it's to dense there. Mr. Collins — Not a long time to prepare on behalf of North Salem. I grew up there and swamp in the North River and had boats there. The corridor is extended past the North River. We're always talking about places to take our families. Franklin Street playground has always been there and now they want to turn it into development with artist lofts etc. Not many people from north Salem were involved in the process. What about open space, if you want an area around canal that's fine but past North Street I'm against it. This is the last area affordable to people. Preserve this area and leave it a park. Don't extend the area. Councillor O'Keefe — asked where is the B-6 area downtown? Ms. Duncan why didn't the line go over to the other side of the street. Ms. Duncan — stated it's zoned R-2 Councillor O'Keefe — stated that if a citizen wants a copy of zoning map you can't get one. Ms. Duncan — stated you get zoning maps through the building inspector. Councillor O'Keefe — stated again you can't get a map. Councillor Furey — stated that the NRCC is a catalyst to other neighborhoods and is the first of many plans for other areas in the city. He congratulated the committee for it's hard work. Councillor Sosnowski — asked if it would be appropriate for him to read the letter. 207 CITY OF SALEM AUGUST 18, 2005 CONTINUATION OF JOINT PUBLIC HEARING WITH PLANNING BOARD Councillor O'Keefe asked what the jog in the map across the canal and the jog at the railroad bridge? Why is property cut out? Councillor Bencal — stated that the parking area for Park is not part of the NRCC it is Park property. Councillor O'Keefe asked why the NRCC goes across Boston Street. Mr. Martin Imm — stated problem what do we call this project. The area was walked and came back with what do we focus on. The planning area was larger than zoning. We drew lines on a map. What do we call this area? Well let's call it the NRCC, it wasn't meant just to develop the canal. The lines got cut just to protect the residential area and keep industrial area to be developed. Councillor Veno — state this was an excellent process and commend the Planning Department and the citizens. He stated he attended several meetings and credits them for a diligent process. This is the second Public Hearing. This is an important document and knows that everyone is frustrated with the Council's process. We need to take a thoughtful diligent approach. Councillor Bencal — stated the next phase this goes back to the Planning Board and they deliberate and then they make a recommendation that goes back before the City Council. Then if need be we can have a Special Meeting on it. Councillor O'Keefe — asked if it belongs in the Committee on Ordinances, Licenses and Legal Affairs. He also asked about flood plain issues and who would study that? Councillor Bencal stated it would be better to be put before the Committee of the Whole. Councillor Sosnowski stated it frustrating listening, we need a vision here. We have a situation where people have worked hard on this. Tax revenues for every dollar we spend $1.72 so every time we build we have to find another way to raise revenues. In regard to bonuses, developers are always coming before the Board of Appeals. Traffic studies were done by Earth Tech they came to the meeting and said any development on Franklin Street would be a disaster. There needs to be a vision for Salem. What happens 100 years from now. Wouldn't it be nice to have people look back to these times and say those people preserved our city. 208 CITY OF SALEM AUGUST 18, 2005 CONTINUATION OF JOINT PUBLIC HEARING WITH PLANNING BOARD The hope is that this is a good projects for the whole city. There were many people with opinions and we've all heard them and this plan is the result of this. We should put this forward and look where we are going. Councillor Veno —A lot of us agree with a vision for Salem. The general gist of developing this area is that the devil is in the details. I want to make sure this all meets the vision. Councillor Harvey took the Chair. Councillor Bencal — Echoed the comments of Councillor Sosnowski that this is not an excuse to not go forward. Current zoning and look at the beautiful neighborhoods we need to have a handle on these properties. Property value will increase also this is not spot zoning. That happened in the 1980's. What matters that we protect our community. We need to have knowledge of this document because we'll live with this for a long time. We will move forward with due diligence. Publicly thanked the Committee of NRCC, Rita Marcunas as chair and kept us informed. Councillor Bencal resumed the chair. Councillor Sargent — Thanked the Committee and stated he learned a lot from the Committee. He stated it is his hope that we can protect the current neighborhoods and this is a chance to do good things. We may be able to make a route and alleviate the neighborhoods. At JPI we didn't have enough leverage back then. Years ago they put the train underground and an overpass to help with traffic. Councillor O'Keefe moved to refer the matter to the Planning Board for their recommendation. The motion was adopted by roll call vote of 8 yeas, 1 nay, 2 absent. Councillors Veno, Sosnowski, Sargent, Lovely, Harvey, Furey, Corchado and Bencal were recorded as voting in the affirmative. Councillor O'Keefe was recorded as voting in the negative. Councillors Pelletier and O'Leary were absent. On the motion of Councillor Corchado the meeting adjourned at 7.20 P.M.