A Special Meeting of the City Council was held in the Council Chamber on Tuesday, December 6, 2005 at 6:00 P.M., for the purpose of discussing the Zoning Ordinance to create a North River Canal Corridor. Notice of this meeting was posted on December 2, 2005, at 10:17 A.M.
Councillor O’Keefe was absent.
Council President Michael Bencal presided.
Councillor Sargent moved to dispense with the reading of the record of the previous meeting. It was so voted.
Councillor Harvey assumed the Presidents chair.
#859 – (#858) SECOND PASSAGE OF ZONING ORDINANCE FOR NORTH RIVER CANAL CORRIDOR (NRCC)
Councillor Bencal offered the following report of the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee of the Whole to whom was referred the matter of second and final passage of an Ordinance amending Zoning to create the North River Canal Corridor Neighborhood Mixed Use District has considered said matter and would recommend second and final passage with the following amendments.
Sec. 7-21 (a) be amended by adding the following:
Paragraph 2. add the last sentence, Pre-cast concrete or prefab aluminum or metal panels are highly discouraged.
Paragraph 9. be amended by adding the following after the word pedestrians: and non motorized forms of transportation as much as, if not more so than, used by motorized vehicles
Sec. 7-21 (e) Special Permit Uses
Other: be amended by adding the following:
1. Hotel or inn non-profit clubs, lodges and fraternal organizations.
2. Restaurant and other eating and drinking places of any size (Note: a restaurant would not typically be considered a retail use and should be its own category)
Sec.7-21 (f)
Delete the word General in #1. and add the following to the end: to use as permitted as of or to a special permitted use except as an ancillary use.
Add the following:
8. Portable storage units
9. New or used motor vehicle sales
Sec. 7-21 (j)
Delete in its entirety and insert in place thereof with the following:
No refuse storage areas or mechanical equipment such as Air Conditioning units, heating units or generators shall be located in a front yard nor within twenty-five (25) feet of the side yard lot line. Such areas and equipment shall be screened from all public ways, parking areas, residential land uses and open space areas.
Sec. 7-21 (k)
2. Density Bonuses
Delete in the second sentence the word twice and insert in place with one and one half.
a. Insert the word Salem before Historic Commission
b. This section deleted in its entirety and insert in place thereof with section c with the following additions: For every unit of affordable housing, which is defined as year-round units that serve households at or below 80% of the area median income and shall remain affordable for a minimum of 99 years, as evidence by deed restriction and that meet all requirements of Massachusetts General Laws Chapter 40B one dwelling unit may be added as a density bonus; provided however, that this density bonus shall not exceed 25% of the maximum number of units permitted.
c., d, e, f are deleted in their entirety.
Sec. 7-21 (i)
1. Amended by deleting the word facilities. Delete the word structure and insert the word building.
2. d. Required parking delete the words one and a half (1.5) and insert two (2)
Sec. 7-21 (m)
1. Amend by inserting the following subsection letters a. next to Height of Buildings, b. next to Loading Facilities, c. next to Buffer Areas, d. next to Fences/Boundary Walls
Section c. Amend by deleting the last sentence (The buffer zone can be decreased to 25 feet by approval of the Planning Board with additional landscaping, fencing and berms.)
2. Amend by inserting the following subsection letter a. next to Loading Facilities, b. next to Preferred Uses Permitted as of Right, c. next to Non-Preferred Uses
Delete in its entirety Prohibited Uses and Minimum Lot Area.
c. Non Preferred Uses delete and insert in place with the following paragraph:
All uses other than water-dependent uses, as described in Section 7-21 (m) (2b), are allowed in the Transitional Overlay District only by the issuance of a special permit from the Planning Board.
Councillor Bencal further amended with the following:
1.) 7-21 (a) amend by deleting “has been enacted to” and insert in place “encourages”. Adopted
2.) 7-21 (d) amend by deleting 1 and 2. It was voted to deny. It did not pass.
3.) 7-21 (k) amend Density – minimum lot delete 3,500 sq. ft. and insert 2,500 sq. ft. It was voted to deny. It did not pass.
4.) 7-21 (k) section 2. delete in its entirety and insert subsections b through f. It was voted to deny. It did not pass.
Councillor Pelletier moved suspension of the rules to allow property owners to speak. Councillor Pelletier recinded the motion.
Councillor Bencal moved adoption of the Committee’s recommendation.
Councillor Sosnowski moved to amend 7-21 (m) subsection 2-c Non Preferred Uses by adding additional wording. Voted
Councillor Sosnowski moved adoption for second and final passage by roll call vote.
Adopted as amended for second and final passage by roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Veno, Sosnowski, Sargent, Lovely, Harvey, Furey, Corchado and Bencal were recorded in the affirmative. Councillors Pelletier and O’Leary were recorded in the negative. Councillor O’Keefe was absent.
Councillor Bencal moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Coucillor Bencal moved to adjourn at 7:00 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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