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MINUTES - Joint Public Hearing with Planning Board - 4/28/2010 385 APRIL 28, 2010 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, April 28, 2010 at 6:30 P.M. for the purpose of discussing a proposed Zoning Ordinance to create a Waterfront Industrial Overlay District (WIOD). Notice of this meeting was posted on April 23, 2010 at 11:11 A.M. and advertised in the Salem News on April 14, & April 21, 2010. Councillor Prevey and Pinto were recorded as absent. Councillor Furey arrived at 6:50 P.M. President Robert McCarthy presided. President Robert McCarthy introduced the members of the Planning Board. Charles Puleo Chairman, Mark George, Timothy Kavanaugh, John C. Moustakis, and Timothy Ready. Also present was Lynn Duncan City Planner. President Robert McCarthy then introduced Attorney William Quinn representative for Shetland Properties and Thomas Kent Manager of Shetland Properties. APPEARING IN FAVOR WERE THE FOLLOWING: Attorney Quinn - representative for Shetland Properties and Mr. Thomas Kent manager of Shetland Properties stated that Shetland Properties has been a commercial area since the days of sailing ships. This area burnt in the 1914 Salem Fire and the Pequot Mills were built after. Shetland wants to upgrade and add uses to keep up with the economy and compete in the market and also be a good neighbor. Right now less than 6% is occupied. Eight or nine years ago they lost Sears Credit which took up 120 sq. feet and 900 employees. Businesses are leaving and they need to operate at 80-85%. The goal is to try and enhance and maintain competitive. Currently we are at a disadvantage next to Beverly’s Cummings center. Businesses are reluctant to come here as they would have needed to go to Zoning Board of Appeals in order to get special permits. There is an Adult Day Care running adjacent to the Registry of Deeds. Also we now have a storage/warehouse. There is Commercial Industrial that has been there for years but to expand we would have to get special permitting. We have good parking and lots of space but we need more flexibility. 385 386 Attorney Quinn then showed a plan for the proposed allowed uses. He showed Zoning comparisons. He made reference to what is currently allowed vs what is allowed at the Cummings Center. Rather than create a new district we would add what is allowed in an overlay district. We are reaching out to the Community and Government officials. We were asked will it be housing and the answer is no. Other concerns heard are that we make sure we don’t have anything dangerous down there like biological research. We assume we will take comments and assume this Ordinance will be changed with the Planning Board. Mr. Kent – Manager for Shetland Properties stated we just want to be able to compete with the Cummings Center. Lynn Duncan - City Planner stated we have been working close with them on this ordinance. We are comfortable with this. From a planning prospective it’s great to reuse buildings and repurpose. Councillor Sosnowski - asked will the principal use be sale and store of building supplies? Attorney Quinn - stated that he didn’t believe they wanted it. Councillor Sosnowski - asked if the Planner could answer. Lynn Duncan - stated I think we were concerned it was stored out doors so it’s not in the proposed ordinance on purpose. Councillor O’Keefe - stated he has served on the Council with Attorney Quinn’s father. The only building that survived the 1914 Fire was where Attorney Quinn’s office is. It would be great if there were a hotel there. Councillor Pelletier - stated you have educational use and adult day care. Attorney Quinn - stated it didn’t exist until the recodification. Mr. Kent - stated that education is exempt. Councillor Pelletier - stated you already have a charter school in there and we don’t want another one. Councillor Furey - stated the greatest quality is to be resourceful. This is a great opportunity and I would like to see a hotel there, it has a great view. 386 387 Attorney Quinn - stated that where our office is there is a great view. Planning didn’t want to deal with a hotel right now. Councillor Ronan - stated the commercial use they all have something in common. if you want to put a marina down there where would it go? Mr. Kent - stated there is a small marina there. The 1980’s plan was to expand. We are now looking to expand with the harbor plan along with the harbor walk. Attorney Quinn - stated that it’s not on Palmer Cove’s Yacht Club side. There is no unbridled license. Councillor Ronan - stated to Mr. Kent that I have often walked along that wall. It would be great to continue the walkway. Councillor Sosnowski - asked is the application only for the confines of where the fence is. Attorney Quinn - stated behind the fence. Mr. Kent - stated you can’t build on the other two lots Councillor Lovely - asked is there a retail component there now. This is a great idea on the waterfront and would love to see a restaurant. Attorney Quinn - stated under the underlying zoning things like neighborhood uses like food store is not allowed. Mr. Kent - stated that retail would be just to support what’s in the area now. Councillor Lovely - stated that she believed this is a great opportunity and include a marina and it’s a home run. Lynn Duncan - stated that Councillor Pelletier raised a good point relative to Charter Schools and we agree but it’s exempt by state statute this does not make it easier to put in another Charter school. Councillor Pelletier - stated his mother grew up on Perkins Street and still refers to it as the Pequot Mills. He is in favor of most of this. We need to look at this deeper. Mark George - Planning Board member stated when you compare to other communities we are handcuffed. Concerns are biohazards and we need to be more specific with the language for permitting. 387 388 Attorney Quinn stated we will come to Planning Board to address that concern. Timothy Ready - Planning Board member stated this is a great opportunity. Better than the Cummings Center. I would like the uses to be broadened and our Maritime History be expanded on. This is an opening to enjoy. There is no place on the North Shore that has a view like this property. OPEN TO PUBLIC IN FAVOR: Lawrence McGirdy - Commodore of Palmer’s Cove Yacht Club stated we received assurances the plans don’t encroach on our Marina. They are great neighbors and we are in full support. Shirley Walker resident – stated she owned a condo at Marina Bay and it was the best public waterfront. Now she lives at Derby Lofts and see beautiful white building. People are parked everywhere down there it is very active. She is in full support. Jim Treadwell resident – stated that Attorney Quinn and Mr. Kent came to a Neighborhood Alliance meeting on March 27, 2010 and talked. Historical signs would make it more attractive. He looked at Beverly’s ordinance relative to the Cummings Center and it does not allow outdoor storage with screening. An Overlay goes in a new district. Why can’t we just expand the uses? He is in full support. Teasie Riley Goggin resident – applauded Mr. Lappin and this endeavor. I hear more commercial and industrial this makes me happy. THERE WAS NO ONE IN OPPOSITION. Councillor Sosnowski - asked Mr. Treadwell does Beverly have anything for biological language. Mr. Treadwell - stated no. Mark George - planning board member stated it’s not practical to have public on property now. We would be willing to encourage public access in the future. 388 389 Councillor McCarthy - stated that Shetland is in his Ward. After they approached planning they approached me as well we have discussed a hotel and biological issues prior to coming to the Council. They have reached out to the Community as well and I appreciate their efforts. Councillor Sosnowski - moved that the hearing be closed. It was so voted. Councillor Sosnowski - moved that the matter be referred to the Planning Board for their recommendation. It was so voted. On the motion of Councillor Sosnowski the hearing adjourned at 7:30 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK 389