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MINUTES - Joint Public Hearing with Planning Board - 11/13/2006 CITY OF SALEM 651 NOVEMBER 13, 2006 JOINT PUBLIC HEARING WITH THE CITY COUNCIL AND PLANNING BOARD A Public Hearing of the City Council and the Planning Board was held in the Council Chamber on Monday, November 13, 2006 at 6.30 P.M. for the purpose of discussing proposed Zoning and map amendment for the creation of an Ordinance for an Adult Zone. Notice of this meeting was posted on November 9, 2006 at 3.27 P.M and Advertised in the Salem News on October 30, 2006 and November 6, 2006. Councillors Furey was recorded as absent. Council President Jean M. Pelletier presided. Councillor Prevey gave background information on the working group and who was involved in this group. He stated that the group checked other ordinances around the state. One business was trying to skirt around and be called a juice bar and have adult entertainment. The working group started there and looked around at other communities and worked successfully to comprise what they have. The City of Wrentham tried to bar Adult Entertainment. They were challenged in Superior Court and the ruling was that they could not ban them. He continued that right now we have no guidelines and this is dangerous. We established buffer zones. Buffer Zones —within 500 feet of residential use 1000 feet of a school 1000 feet of City Park 500 feet of other business who has attained special permit for Adult Entertainment. The only place is on Swampscott Road. There are many other restrictions such as background checks. What is before the Council is a draft to be fine tuned. If we don't do something we are playing Russian roulette. It's important to do zoning. Council President Pelletier took a moment of personal privilege to say that no Councillor wants this in his or her ward. He read a prepared statement, that the ordinance should be amended to not be in any particular ward or area. Council President introduced the City Planner Lynn Duncan, Solicitor Elizabeth Rennard and the Planning Board, Nadine Hanscom, Tim Kavanaugh, Pamela Lombardini, John Moustakis, Walter Power and Tim Ready. 652 CITY OF SALEM NOVEMBER 13, 2006 JOINT PUBLIC HEARING WITH THE CITY COUNCIL AND PLANNING BOARD Councillor Sosnowski stated that it is not an "if' situation it is "when". It happened in his ward. With these restrictions it will make it undesirable to this type of business. They are here and we need to be prepared for this. Councillor O'Keefe asked if someone could point out the industrial zone on the map. City Planner Lynn Duncan stated that not all industrial zones are listed on this map only the ones not protected by buffer zones. Councillor O'Keefe asked if the Salem State College is considered a school? Solicitor Rennard stated we only used elementary, middle and High School. Council President Pelletier opened the meeting up to public comment. There was no one appearing in favor. Appearing in opposition were the following: Patricia Liberti — 3 Lions Lane, Trustee of the Condo Association presented the Council with a (110 signature) petition to stop the zoning. She stated that there is a preschool (day care) on Old Village Drive. Scott Weisbert — 17 Tanglewood Lane represents the Condo Association and stated that they are not in favor and doesn't want his children exposed. Solicitor Rennard stated that no day cares were taken into consideration. Tom Cline — President of Thermal Circuits off Swampscott Road, has been in touch with Salem Glass Co. and asked what will this do to his business. What happens to the value of the property? What happens to a business that comes in and wants to fight it? This is very serious. Gail Ellison — 135 Cavendish Circle, stated that she moved here six years ago. She stated that she has issues now with Aggregate Industries but that it's a nice place to live and is concerned that property values will fall if this ordinance is passed. CITY OF SALEM 653 NOVEMBER 13, 2006 JOINT PUBLIC HEARING WITH THE CITY COUNCIL AND PLANNING BOARD David Jacobson — 12 Brittania Circle stated that he supports the first amendment but a right to live your life. He chose to live here for a quality of life. If this is passed there will be noise, lights and cars. There will be drunks driving down Swampscott Road at night. You don't want to cause problems for the people living there. If you don't have a designated area you can make an area. John Piotrowski — 102 Marlborough Road asked where are the suppliers going to come from? Michelle Marks resident of Cavendish Circle stated that she is a single woman living alone and asked where is her security if police are stretched everywhere. Resident of 100 Federal Street stated that she did research on Swampscott Road and it has great potential for an office park. By doing this zoning it makes this area not marketable. Stephen Predergast— represents an association off Marlborough Road and stated they are opposed to the zoning. Bernard Sacco — 9B First Street stated that Pequot Highlands has 350 children living in it a 1000 foot buffer is nothing. Robert Wallace — 23 Eclipse Lane stated the Green Dolphin Village when he moved here it was a quiet residential area and doesn't want to see it change. The residents feel very strongly about this. Council President Pelletier stated that the Council is working on this. Frederick Stone — 6 Red Jacket Lane stated that there is a dancing school on Technology Way, and what about the ice cream place and miniature golf course. Children go there. Bruce Linsky resident of Cavendish Circle stated that the board is totally opposed. Debra Melin a childcare provider and mother stated, we have a moral and ethical responsibility to children. Ronald Tarmy — 60 Cavendish Circle stated a perfect spot for this would be away from everybody. Put the zone where they wouldn't want to be. 654 CITY OF SALEM NOVEMBER 13, 2006 JOINT PUBLIC HEARING WITH THE CITY COUNCIL AND PLANNING BOARD Ann Martinelli — 15C First Street stated she has 2 daughters and there is a wooded area behind her, what's to stop a pedophile or predator from coming near her house drunk and urinating. She is against this. Robert Snow— 6 Lightning Lane is opposed, where is the Adult Book Store? Why are they able to do this? Alice Hayes — 14 Aurora Lane asked setting a buffer zone and how were numbers picked? This is a very densely populated area. Gloria Ward — 69 Brittania Circle stated that zoning is important, we support zoning but not this zoning. Wendy Rios — stated that there are 500 units in those condos, it's not just empty nesters, it's also families with children. Why a 500 foot buffer? Can it be 700- 1000 or more? City Planner Lynn Duncan stated if you make your buffer zone 1000, 2000, 10,000 feet that's like banning, which you can't do. Wendy Rios — stated your zones look like they are less than 500 feet. Rosemary Demarco — 67 Cavendish Circle asked where are we exactly talking about. Council President Pelletier stated this is only beginning the process the Planning Board is here and is listening. Planner Lynn Duncan stated that the Planning Board has a meeting on November 16t" and this will be taken up. Wendy Rios — stated that this is a perfect area which would be a target for crimes and break-ins. Richard Falanga — 51 Brittania Circle stated that he is a retired Federal Narcotics Agent and worked for the D.A.'s office. When you open the doors to this they will bring violence, gangs, guns, etc. You have citizens of Salem who have invested in this city. You are willing to sacrifice the citizens. Planning Board needs to come up with something else. Council President Pelletier stated this is being done to protect the citizens. Right now there are no safeguards. CITY OF SALEM 655 NOVEMBER 13, 2006 JOINT PUBLIC HEARING WITH THE CITY COUNCIL AND PLANNING BOARD Tim O'Brien — 88 Cavendish Circle stated he felt we were opening Pandora's Box. Charles Demarco — 67 Cavendish Circle stated he is opposed. He asked where are we in this process? He asked what do you see in other cities zoning? Why does the Committee and the Planning Board feel they should have a red carpet to allow these people to come in. Council President Pelletier explained the process. Councillor Prevey stated that all other cities tried to create buffer zones near schools, churches and parks. Buffer zones had to be reasonable to allow for a business. And that's what we did. Charles Demarco asked why if I wanted to get something on Front Street I could go to Superior Court? Councillor Veno stated the rules allow you to address Council. Councillor Pelletier stated it's getting an Ordinance in place. Solicitor Rennard stated right now a restaurant could open up and if they wanted it could be topless. Right now they would have to get a special permit. They could do it now. Charles Demarco stated that maybe you need conditions not zoning. Michael Harris — 164 Whalers Lane asked why couldn't we make it more restrictive. He stated he hasn't read the case law. What research are we doing to put more restrictions? We should be able to come up with a plan to keep this out of Salem. Solicitor Rennard stated that the 1st Amendment is an issue. We looked at what restrictions we could put in that would stand scrutiny. Mike Harris — 164 Whalers Lane asked why aren't we spending more time to look at studies. What studies have been looked at? Councillor Pelletier asked that our rules be respected and the questions be addressed to the chair. 656 CITY OF SALEM NOVEMBER 13, 2006 JOINT PUBLIC HEARING WITH THE CITY COUNCIL AND PLANNING BOARD Planner Lynn Duncan stated it's not a question of studies that have been done. I have worked in a number of towns there is no easy answer. Mike Harris — stated what about traffic and crime etc. Councillor Pelletier stated other cities and towns have done this because there are no alternatives. Councillor Corchado asked the Solicitor why weren't any childcare or day care facilities taken into consideration and can we amend the zoning to add this? Solicitor Rennard stated that we can look at this, we may need to do this as a Planning exercise. Councillor O'Keefe stated we tried to put a fire station up there near Traders Way or we could put a playground up there (two playgrounds established) Councillor Veno stated he was sorry for any confusion. What we really are doing is trying to protect neighborhoods. We are trying to do the right thing to protect the children and neighborhoods. Doors are already open and Pandora's box is open. We cannot stand back and do nothing. Lets send it to the Planning Board. About the rules, we are not trying to stifle debate, we have to go by the rules to keep control. Councillor Lovely stated we don't want this in any area of the city. Putting nothing in place isn't an option. The City of Revere lost trying to restrict it to one parcel. We have time to work on this. But we need to get it done fairly soon. Councillor Pelletier stated we need an ordinance. And he opened it up back to the floor for comment. Planner Duncan stated this ordinance was drafted by the Adult Zone Committee. Ronald Tarmy — 60 Cavendish Circle stated you oppose a zone does Council oppose a zone? We haven't heard if there were any other areas considered. What about where children frequent like the ice cream stand and miniature golf? Councillor Pelletier stated that he thinks if this ordinance is in place no one will come in. We will work on amending this ordinance. Deborah Neelan — 27 Tanglewood Lane a Childcare provider stated we did not fail in Revere. She asked If we could be involved in this process. Is there an opportunity for a working group? CITY OF SALEM 657 NOVEMBER 13, 2006 JOINT PUBLIC HEARING WITH THE CITY COUNCIL AND PLANNING BOARD Councillor Pelletier stated that they should go to the Planning Board meeting. Deborah Neelan — 27 Tanglewood Lane a Childcare provider stated that she was involved in the City of Revere's, the restrictions were placed on that one establishment. They are paying for police protection. Ann Martinelli — 15C First Street asked the business that Councillor Veno mentioned doesn't have topless, lap dance etc. She asked how close to Swampscott Road does Councillor Veno live? Councillor Veno stated we want to protect those areas. Ronald Tarmy — 60 Cavendish Circle stated that this group is a small committee of the people who live there and we want the Council and Planning Board to do the right thing. Paul Ward — 69 Brittania Circle stated doesn't like the fact there's nothing we can do. He encourages the neighbors to show up and be a part of this. Gerald Fleet — 9 Bay View Circle stated he is 100% against any sort of Adult Club coming into Salem. Why would they want to come here? We have been so active at changing our image. Why do we have to zone one area. Find a way legally to make it City wide. Go back and be imaginative and make the ordinance tougher. Resident — 45 Whalers Lane (Lawyer) we can absolutely make it more restrictive that will hold up to challenge. A buffer zone is not restrictive enough. Woman resident — How do we define a park?At the Pequot there is a playground. Solicitor Rennard stated it is City owned park. Maggie Lemelin — stated she is circulating an email regarding the alliance we can facilitate the process. Robert Snow— 6 Lightning Lane asked the Solicitor how is it that right now someone can buy an adult book near comic books and buy a cigar. Solicitor Rennard stated it's not a substantial portion of the business. Diane Caplan — 34 Brittania Circle asked if an adult book store could come in? Councillor Pelletier stated there is no ordinance in place to restrict it. 658 CITY OF SALEM NOVEMBER 13, 2006 JOINT PUBLIC HEARING WITH THE CITY COUNCIL AND PLANNING BOARD Councillor O'Leary moved to close the public hearing. It was so voted. Councillor O'Leary moved to amend the ordinance to change 500 ft. to 1000 ft. buffer from residential area. Councillor Lovely moved immediate reconsideration of closing the public hearing. It was so voted. Councillor Veno moved to keep the Public Hearing open. Councillor Blair stated we need to give the Planning Board more time. Councillor Veno stated we need people to participate. Councillor Sargent stated we have a few restrictions in place. You have to run a restaurant to have a liquor license we have no bars in Salem. Councillor Sosnowski stated that Councillor Prevey has been working on this for nine months with the Solicitor and Planner. In consideration of day care centers, frequented places by children, we will need to push the buffer zones to the limit. There needs to be a process and not zone specific when someone comes before the Planning Board. I want People here to come and voice their opinion. Councillor Sargent stated regarding restrictions, there are a lot of things allowed by right and we can hold these restrictions by right. Councillor O'Keefe moved to recess the meeting untill Tuesday, February 6, 2007 at 6.30 P.M. for continuation of the public hearing. It was so voted. On the motion of Councillor O'Keefe the meeting was recessed at 8.45 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK