MINUTES - Joint Public Hearing with Planning Board - 7/29/2014
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JULY 29, 2014
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 Tuesday, July 29, 2014 at 7:00 P.M. for the purpose of
discussing an amendment to the Zoning Ordinance relative to Table of Uses for
NRCC District by adding to Section 8.4.5 “Brewery, Distillery, or Winery with
Tasting Room” use, to be allowed by special permit.
Also a Joint Public Hearing of the City Council and Planning Board for the
purpose of discussing an amendment to add a definition Section 10 for “Urban
Agriculture” and Section 3.0 Table of Principal and Accessory Use Regulations to
add “Urban Agriculture” use to be allowed by right and add a section 3.2.7
“Urban Agriculture” and Section 3.2 “Accessory Uses”.
Notice of this meeting was posted on July 17, 2014 at 5:06 P.M. and advertised
in the Salem News on July 15, 2014 & July 22, 2014.
Councillor Siegel was recorded as absent. Councillor Furey arrived at 7:10 P.M.
President Robert K. McCarthy presided.
President McCarthy introduced the members of the Planning Board.
#398
Zoning amendment to the Zoning Ordinance relative to Table of Uses for
NRCC District by adding to Section 8.4.5 “Brewery, Distillery, or Winery
with Tasting Room” use, to be allowed by special permit.
APPEARING IN FAVOR WERE THE FOLLOWING:
Dana Meno – Planning Staff – stated that the NRCC was not included in the first
draft to allow for Breweries, Distillery etc. This is to include it and require a
special permit.
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Chris Lohring – 19 Carlton Street stated this area is industrial use and this would
be a good use for the area.
No one was appearing opposed.
Councillor Turiel moved that the hearing be closed. It was so voted.
Councillor Turiel moved that the matter be referred to the Planning Board for their
recommendation. It was so voted.
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#397
Zoning amendment to add a definition Section 10 for “Urban Agriculture” and
Section 3.0 Table of Principal and Accessory Use Regulations to add “Urban
Agriculture” use to be allowed by right and add a section 3.2.7 “Urban
Agriculture” and Section 3.2 “Accessory Uses”.
Dana Menon – Staff Planner – looked at the City of Somerville, Peabody, Ipswich
and Marblehead for their Ordinances.
Councillor O’Keefe asked what is this draft.
Dana Menon stated that the draft copy included was from the Board of Health
they are draft health regulations.
Councillor O’Keefe asked who makes out the application?
Dana Menon stated the Health Department
Councillor Eppley stated that on section 11 it lists Urban Agriculture as of right, is
it for every area in the city?
Dana Menon stated yes it would allow use as regulated by zoning and health
regulations.
Councillor Turiel questioned Section E No coop can be located nearer than 10
feet of the principal building and 15 feet from the lot line. What if the distance is
not enough. Coop structures is probably for health but there are mobile coops
that can be moved in different directions or locations during different seasons.
Also slaughtering needs clarification.
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Councillor Gerard – Section 1 mentions honey, will this include bees?
Dana Menon – stated she doesn’t have the answer, the purpose of the definition
is not creating a new use but we can clarify.
Councillor Eppley stated it is important to retain honey its for urban agriculture.
It’s not for profit only for a hobby.
Councillor Famico suggested the Board of Health and Planning would like to see
annual inspections.
Councillor Legault stated we need to be consistent. He asked regarding section
3.2.7 wondering about the side lot that abuts a street or a sidewalk does it
change anything.
Dana Menon stated its conforming it would be just a sidewalk.
Councillor Gerard asked about honey, maybe we should include bees to have
some guidelines.
Councillor Legault stated he thinks that is a separate issue. It can be looked at in
the future.
Councillor Turiel stated we originally looked at this and used Somerville’s
Ordinance and they have had success. Right now we don’t have any issues that
have come up regarding bees or any other animal. We have had issues come up
with chickens.
Councillor O’Keefe stated that the Mayor’s letter says ordinance. What about the
Board of health regulations.
Larry Ramdin- Health Agent – stated the regulations are a draft that was included
with the ordinance but the council is only looking at the ordinance.
Councillor O’Keefe stated have you seen these regulations?
Larry Ramdin responded I wrote them. They are two different things the
regulations will be finalized in September.
Councillor Gerard stated the reason the Board of Health regulations was included
in the paperwork is just to show it will work hand in hand with the zoning
ordinance.
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Councillor Legault stated regarding the regulation draft if someone has concerns
they can bring it to the Health Agent and Board of Health for consideration. The
board will open up for comment from the public before the regulations are
finalized.
Councillor Sargent made a comment to the Planning Board that this has to be
done properly to allow abutters to enjoy peace and quality of life so this doesn’t
affect the neighbors.
Councillor McCarthy questioned regarding the yearly inspection is it regulated by
State regulations that would guide us?
Larry Ramdin stated yes we have health inspectors and the animal officer.
Councillor O’Keefe asked Mr. Ramdin a question regarding the regulations is the
applicant the home owner?
Larry Ramdin – stated he wanted to refrain from commenting on the draft. The
Board will have a meeting to take this up. This is just a draft. This is just for a
reference.
Councillor O’Keefe asked did you go online to look at what other states have for
regulations.
Councillor Eppley stated we are not considering anything but the zoning.
Councillor Furey stated he was the liaison to the Board of Health. Do you
estimate that you will need more staff?
Larry Ramdin responded maybe one more person. In drafting the regulations he
looked state wide and internationally to craft this regulation.
Councillor O’Keefe asked when the City Council adopts the Ordinance will your
board meet regarding the regulations
Larry Ramdin responded when the chair of the Board tells me to add chickens to
the meeting agenda we will take it up.
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Councillor Gerard stated September 9 is the Board of Health meeting.
Councillor McCarthy went over the process for zoning.
Councillor McCarthy asked if there was anyone in the audience in favor.
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Kathy Karch, 76 Memorial Drive – stated she is in favor this issue in need of
addressing for a long time. Her suggestions were to add aquaponics, cold
frames, green houses and add rabbits and bees. There has been no discussion
on anything but chickens. She would like to see coops allowed in side lots. Also
slaughter should be prohibited.
Charles Karch, 76 Memorial Drive – stated we have chickens for 3 years now
and our neighbor likes us having them and wants their own.
Naomi Cottrell, 55 Warren Street – would like to see a 15 foot side back she
stated she likes chickens but her daughter came down with food allergies and we
have had broken eggs etc.
Patrick & Patricia Scanlon, 42 Dearborn Street – opposed to trend of raising
chickens in Cabot farm its ok they have lots of land. Stated was on the board of
health in the eighties chickens did not cause a nuisance. It is our opinion that
odor, noise etc. is disruptive to neighbors. Salem is densely populated. We have
new neighbors who after two days brought in chickens and they were 30 feet
from our bedroom windows. The neighbor removed them to another area after
speaking with them. We are in support of the ordinance.
Benson, 19 Pickman Street – stated that their family owned a farm in Danvers
and a home in Salem. There may have been a reason. Being green is important
and working hard to have gardens in urban settings. Chickens are not green, you
need to feed them. And Chickens waste contains Salmonella. Not in favor.
Susan Patterson, 8 Barton Square – She stated she is new to Salem and feels
this needs common sense she used to raise quail to be turned back into the wild.
Now she has lupus. Microbes on my street are scary do animal husbandry in the
right manor. A reduction of flock might make sense.
Michelle Farr – resident stated she has chickens as pets. We worked with our
neighbors. Children have learned from our flock, they learned where food comes
from. She is in favor of the ordinance.
Katie Goldfield, 37 Moffatt Road – she stated she recognizes the importance of
working with neighbors. She has been raising poultry for 45 years and lives in
south Salem with her flock. She raises Bantam chickens. Every year Don Famico
does a site inspection. He keeps a book of what I have and submits it to MDAR.
The MDAR water foul is exempt. Chickens, quails etc. are checked for avian flue
with a blood test by a poultry inspector. She stated that she has credentials for
urban affairs raising poultry etc. She teaches at North Shore Community College
horticulture.
Geoffrey Millar, 20 Abbott Street – Stated he doesn’t have chickens and there is
no place for animals his lot is to small. He feels it is good to have this discussion.
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Marcia Clawson, 46 Dearborn Street – She stated that she has lived in an R-2
area and had chickens and no complaints. She noted that back yard eggs are
healthier than store bought. She moved into an R-1 zone and did make the
decision to move her chickens. Having disputes between neighbors is a problem.
She stated that she accepts differences. She has a garden and neighbors use
insecticide which goes on her vegetables.
Tim Adams resident of Salem stated this is good that this is being done but feels
the height of a chicken coop being 6 feet is restrictive. He stated that he builds
coops. There needs to be common sense. He is in favor of chickens.
Maura Murphy, 70 Dearborn Street – We have chickens we try to use common
sense, we went to our neighbors who were in support. We have 2 roosters. I
don’t let them out until 7:30 AM weekdays and 8:30 PM on weekends. She is in
favor of chickens.
Chris & Kevin Concordy – Orchard Terrace – They stated that they have
concerns with chickens. What happens when your neighbors aren’t using
common sense? They stated that they are very concerned with this zoning. They
are in the legal process with the neighbor. What happens when they say its
primary use is a pet? Define the word pet. It only needs to have a name and it is
considered a pet. On site slaughter should not be allowed. The set back of 15
feet is not enough. We are not in favor of this ordinance. Who enforces the
inspections? The noise is a nuisance.
Councillor O’Keefe – regarding the Accessory Use Chart – if a multi apartment
complex wants chickens is it allowed?
Charles Puleo – Chairman Planning Board – stated No
Dana Menon stated it can be discussed but owner could not allow.
Councillor Gerard – regarding Sec. 3.2.7 Residential Use, how does it work?
Dana Menon stated it would be allow if they meet all requirements and health
regulations.
William Griset Planning Board member – stated he lives at the Willows it is
agriculture friendly but chickens raised for eggs have a place. It is not good in an
urban setting. He saw a coyote on Memorial Drive it attacked a woman’s dog on
leash. Chickens will attract this type of animal predator.
Randy Clarke Planning Board member – he saw the same coyote. We have to
live with neighbors and with nature. There is a balance.
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Councillor O’Keefe – asked if you have a B-1 District and live above a store could
they have chickens.
Dana Menon – We can define the ordinance more.
Councillor Legault – response was he didn’t think large units would allow tenants
to have chickens. It’s a confusing issue.
Councillor Turiel – general question is this appropriate in urban setting.
Dana Menon stated I think yes. If it meets the minimum requirements it still may
not be suitable. We need to worry about the process. Each case will be looked at
individually. We need to work on this with the Planning Board.
Councillor Eppley - Most of the regulations will be with the Health Department.
What we are doing is trying to put things in place. This rests a lot with the Board
of Health.
William Griset -The Ordinance and regulations will have to work together to do
any approval.
Chuck Puleo – This will be discussed Thursday this is only two days away. Can
you leave this hearing open?
Councillor O’Keefe assumed the Chair
Councillor McCarthy - stated the side and set backs you need to look at and lot
size. Ten feet from home or fifteen feet from a neighbor needs to be looked at.
And right now coyotes are a problem.
Councillor McCarthy resumed the Chair.
Councillor Eppley moved that the hearing be continued on September 11, 2014.
It was so voted
On the motion of Councillor O’Keefe the hearing adjourned at 9:15 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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