A continuation of a Public Hearing of the City Council and the Planning Board was held in the Council Chamber on Tuesday, April 11, 2007 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 April 6, 2007 at 10:31 A.M. and advertised in the Salem News by the City Clerk on March 28, & April 3, 2007.
Councillors Furey, Corchado, O’Keefe and O’Leary were recorded as absent.
In attendance were Planning Board members Walter Power and Pamela Lombardini also Solicitor Elizabeth Rennard was present.
Council President Matthew Veno presided.
Councillor Veno stated that there was correspondence between the City Clerk and the Solicitor regarding the last public hearing and the lack of a quorum by the Planning Board with the City Council and whether or not the meeting met the guidelines of Mass. General Law Ch. 40A sec. 5.
Solicitor Rennard stated that both boards were not acting in an adjudicatory capacity. In the instant case, the February 6, 2007 joint hearing was not an adjudicatory proceeding, but rather was an agency hearing, as neither the City Council nor the Planning Board were determining the legal rights, duties or privileges of specially named persons.
Councillor Pelletier thanked everyone for attending the meetings. He thanked Jason Silva, Solicitor Rennard and the members of the Committee including Councillor Prevey for their help with the research that was done.
Councillor Prevey also thanked those who did the research. We are at a better point now than a few months ago. No matter how you approach this it’s problematic. We are not like our neighboring cities who have the ability to zone an area that does not encroach on neighbors. It is the consensus of the working group to take zoning out of this and make an Ordinance. We don’t have anything to present tonight but we’re headed in the right direction. The group would like the Councillors thoughts on this.
Councillor Veno thanked Councillor Prevey for a job well done.
Councillor Prevey moved to refer the matter to the Planning Board with no recommendation.
Councillor Pelletier seconded the motion.
Councillor Veno asked that by moving it away from zoning and put it as an Ordinance with the Licensing Board what criteria or power would the Board have, what restrictions can we put on the ordinance and would this be allowed anywhere in the city.
Solicitor Rennard stated in general it is the intent of the Committee to put as many safeguards as possible and work with Lt. Ouellette of the Police Department who is currently away until May.
Councillor Veno asked if we refer the matter to the Planning Board what is the process from here.
Solicitor Rennard stated they still have 21 days to make a recommendation or if 90 days lapse and the Council has taken no action then it dies.
Councillor Prevey stated that the Commmittee has a date in May to work on this with the Licensing Board and Lt. Ouellette.
Councillor Veno opened the Public Hearing
Mike Harris – 164 Whalers Lane – thanked the Council for working with the Committee. It was the working groups intent to put safe guards on the new ordinance.
Scott Weisberg – 17 Tanglewood Lane – agreed with the previous speaker and will work with any deadlines that are required.
Patricia Donahue – 12 Dearborn Lane - asked if this zoning ordinance is a done deal that it is dying.
Councillor Veno stated the zoning ordinance that is before us will be referred to the Planning Board with no recommendation then the Council can work on an ordinance to require a license.
Patricia Donahue – 12 Dearborn Lane - stated that she believed this was a negative thing for the city. When she read the article on the Adult Zone in the Salem News to establish a zone on Swampscott Road she felt this was fine. Now it can spread out throughout the city. She felt this is a bad idea to rely on a license to regulate it. She is opposed to a license.
Councillor Veno stated that this would still have to be in a business zone.
Patricia Donahue – 12 Dearborn Lane - believes it belongs on Swampscott Road
Councillor Pelletier stated that if it were on Swampscott Road it does involve neighbors from the Whaler’s Lane area. This is why we are coming up with another idea.
Patricia Donanhue – 12 Dearborn Lane - stated there is a difference between Swampscott Road and Bridge Street. She still feels it should be contained in one area only.
Councillor Prevey stated this is being referred to the Planning Board with no recommendation.
Councillor Lovely thanked the Committee for reaching out across the city to work on this.
Councillor Veno stated he has limited understanding on what restrictions could be done.
Councillor Pelletier stated in an ordinance we will be able to put restrictions and we will ask for a recommendation from the Attorney Generals Office.
Councillor Pelletier moved that the hearing be closed. It was so voted.
Councillor Prevey moved to refer the matter to the Planning Board with no recommendation. It was so voted.
On the motion by Councillor Blair the meeting was adjourned at 7:00 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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