MINUTES - Joint Public Hearing with Planning Board - 6/4/2008 442 J U N E 4, 2008
JOINT PUBLIC HEARING
OF THE CITY COUNCIL AND PLANNING BOARD
A joint public hearing of the City Council and Planning Board was held in the Council
Chamber on Wednesday, June 4, 2008 at 7.00 P.M., for the purpose of discussing a proposed
Zoning Ordinance amendment to extend the B-5 Zone to include 129-151 Lafayette Street (former
St. Joseph's property). Notice of this meeting was posted on May 30, 2008 at 11.11 A.M. and
advertised in the Salem News by the City Clerk on May 21, & May 28, 2008.
Councillors O'Keefe and Lovely were recorded as absent.
Council President Michael Sosnowski presided.
Council President Michael Sosnowski introduced Charles Puleo, Planning Board Chairman
and also the other members present of the planning Board: Timothy Kavanaugh, Pamela
Lombardini, John Moustakis, Timothy Ready and Christine Sullivan. Also in attendance was Amy
Lash of the Planning Department.
Councillor McCarthy stated that he brought in this zoning amendment so that the change
would allow mixed use of the site. This is needed to allow the developer to bring in retail business
for the first floor and housing and the developer is committed to affordable housing. The B-5 ends
at the Lincoln Hotel across the street. This is needed to help budget for growth. This property is no
longer a church and the site needs to be cleaned up.
Councillor Sosnowski explained the procedures of a zoning change.
Councillor McCarthy stated he believes this a good fit for the property.
Appearing in favor:
Attorney Joseph Correnti, 63 Federal Street, Salem, representative for the property owner.
There is no developer at this time. This parcel is the former School, Church, rectory and convent.
We would like a mixed use development. We want to do a housing project but first we need a
partner to help make this grow. In order for a good housing development we need to change the
zoning. It didn't work out with the city as a partner. The zoning is R-3 which never mattered as a
church, but now it's a vacant site and zoning does matter. This parcel is not like any other parcel in
this area. We need to extend the B-5 zone to allow us to talk to partners to get retail uses for the
first floor. This allows us to do Housing. Right now there is no partner. We are in support of this
zoning change.
Lucy Corchado, 38 Peabody Street, Salem, stated she is in favor as an abutter. She stated
she was part of the spirited discussion for the previous development. The property is deteriorating.
We need it developed and cleaned up to improve the area.
Shirley Walker, 51 Lafayette Street, Salem, stated that she is in favor of the zoning change.
The property needs to be developed and it's long over due.
J U N E 4, 2008 443
JOINT PUBLIC HEARING
OF THE CITY COUNCIL AND PLANNING BOARD
Appearing in opposition:
Attorney John Carr, 9 North St., Salem, representative of 43 clients who have appealed the
decisions of the Planning Board, ZBA etc. They are still active. They are the immediate abutters,
300 foot area and people who live in the Lafayette Street area. This proposed zoning change failed
last February to lock in 40B decision. They stifled public opinion. The irony they are going forward
for 40B Affordable Housing. They were approved for 12 units for the first floor. Now they want retail
a drugstore with a drive through (Walgreens). You maintain this is not spot zoning but an extension
of the B-5. The predominant business use in the area stops at Harbor Street. It is predominantly
residential that are two stories. This is one of the busiest intersections in Salem and the most
dangerous. Now you want to put a drugstore with a drive through. They want a use that will
maximize this area. The problem with Salem is traffic volume, this will make it worse. The former
county jail was done and was not in litigation. This is in litigation. You should not write zoning to
accommodate development. Consider what if you pass the change and development doesn't go
through. B-5 includes liquor stores, entertainment, hotels, etc. The process several Councillors
have been in to talk with the Mayor. I learned about this by accident. The Planning Board approved
a PUD in violation of the ordinance. How does an abutter who is Hispanic and english being the
second language understand this process. There were five Councillors who previously spoke in
favor. Three of the five are freshman Councillors and two are veterans. It's been in the past told
that the developer has been in communication with neighbors. It's not happened. You don't do this
in the middle of litigation. This is spot zoning. Do what's right not what's politically convenient.
There was no public notice. This is not the way to do zoning.
Councillor Pelletier stated that we know what B-5 is. You say we don't know our jobs. You
say the Mayor called some of us in to discuss this. I haven't been called in. How may clients do you
have?
Attorney Carr stated there are 43 clients for the Planning Board PUD, 30 clients for the
Height Variance ZBA and 20 — 30 clients for the 40B project ZBA. I have been told by Councillors
they were called in. This is a particular development need. It was not to suggest you don't know
what you are doing.
Councillor Pelletier asked how many are property owners? He would like a copy of their
names forwarded to the Council.
Linda Locke, 1 Pickering St. Salem, owner of 3 properties in the point neighborhood, 44-46
Dow Street, 7 Palmer Street and 13-15 Palmer Street. She stated that she is not in favor to this
zoning change due to the bad intersection. We don't need another drugstore or drive through.
People hang around and I have seen drug deals. Why can't they just develop it as housing. There
was a study by Rita Walsh that cataloged the neighborhood, we don't need to extend commercial
but preserve the neighborhood.
Charles Puleo — asked Ms. Locke how do you feel about more density?
Ms. Locke — stated the area is already to dense, what's proposed doesn't fit.
444 J U N E 4, 2008
JOINT PUBLIC HEARING
OF THE CITY COUNCIL AND PLANNING BOARD
Mr. Puleo — stated currently it is R-3 is 33 units enough?
Ms. Locke- replies that's a reasonable number.
Councillor McCarthy stated that I may be a freshman, but the merits of this project stand on
their own. He continued to say I did not want this to turn into an attack. This project made sense to
me. When I hear it doesn't fit, look across the street at the Lincoln Hotel.
Councillor McCarthy moved to close the public hearing. It was so Voted.
Councillor Veno stated shame on us, Mr. Carr has the right to air his complaint. But the
attack on the Councillors doesn't add credit of what the Council is trying to do.
Councillor Furey stated what we are trying to do is the same as the old Salem News
Building. It need to be revitalized. The City of Salem deserves to change and enhance the
neighborhood. Strega a few feet away enhanced that portion of Lafayette Street.
Mr. Puleo stated it won't be a public hearing but the Planning board has a public meeting on
this.
Councillor Sosnowski stated that he has asked for an opinion by the Solicitor if this be
zoning can be taken up while litigation is going on? He stated he hasn't received an opinion yet.
Councillor McCarthy moved to refer the matter to the Planning Board for their
recommendation. It was so Voted.
On the motion of Councillor Veno the hearing was adjourned at 7.50 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK