JANUARY 7, 2009
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, January 7, 2009 at 6:30 P.M. for the purpose of discussing a proposed Zoning Ordinance amendment relative to Article VII, Section 7-15 (a) and Section 7-15 (c) (6) Planned Unit Development Special Permit, Business Park Development District (BPD). Notice of this meeting was posted on January 2, 2009 at 8:30 A.M. and advertised in the Salem News by the City Clerk on December 23, & December 30, 2008.
All Councillors were present.
Councillor Paul Prevey presided.
President Paul Prevey recognized Planning Board Chairman Charles Puleo who then introduced the following members of the Planning Board: Pamela J. Lombardini, John C. Moustakis, Timothy F. Ready, Christine B. Sullivan and David Winer.
Also present Mayor Kimberley Driscoll and Danielle McKnight from the Planning Department. Lynn Duncan the City Planner joined the meeting later at 7:00 P.M.
President Prevey then turned the meeting over to Mayor Driscoll for a presentation of the Ordinance before them.
Mayor Driscoll stated that everyone is familiar with what is before us. She stated that Councillor Ryan brought this Ordinance amendment into City Council in July of 2008. This is a text amendment that would include Business Park Development to the list of Planned Unit Development. We are changing the Planned Unit Development not the Business Park Development. This Ordinance now before has been changed since the last ordinance failed to pass. It requires a 2/3 vote of the City Council to pass. The difference with this newer version is that there is a height limit of 4 stories. Currently, Planned Unit Development (PUD) allows 5 stories, this adds further limits. The Mayor read for the audience the Ordinance that is currently before them. There has been much discussion
in regards to the Lowe’s project at the Walmart site. Lowe’s will bring in $200,000 in taxes and Walmart $100,000 for a total of $300,000. There will be 200 new jobs of which 75% would be full time with benefits. They are very interested in this site and we would also get a much needed new water tower. This Ordinance change will also address the Salem Oil and Grease site which is currently blighted. In the Business Park Development there are 44 parcels of which only 9 meet the requirements for development. The largest of these parcels is the Camp Lions parcel. The rest of the properties should remain open space. There will be a land swap with Lowe’s for the Water Tower. Camp Lions is aware of our concerns on development.
Councillor O’Keefe stated that he supports this project but the 3rd paragraph of the Mayors letter states four (4) stories. Wouldn’t you want it to say feet not stories?
Mayor Driscoll stated this has been a dispute with the Building Inspector on stories or feet.
Councillor Furey concurred with Councillor O’Keefe but also stated this is an opportunity for growth.
Councillor Sargent asked if there is anything in writing from Lowe’s or Walmart? He stated he hasn’t seen a representative from either company or any paperwork.
Mayor Dirscoll stated there has been correspondence with the Lowe’s people mostly because of the water tower. They cannot file plans because the zoning is not there. This not being done just for Lowe’s there are other properties. There is no 100% guarantee that Lowe’s will do this.
Councillor Sargent stated that anytime we have a zoning change we have had plans. We still have nothing. Everyone here on the Council supports Lowe’s but there is still so much uncertainty. He stated that he has been on the Rezoning Committee for eight years and can’t come to a consensus on the Planned Unit Development.
Mayor Driscoll stated there are many ways to do this. We approached this with a text amendment. This is a great tool to help with unutilized sites.
Councillor Sargent stated that he doesn’t agree with the Mayor’s assessment with Planned Unit Development. Rezoning is like selling my stock now, you would take a loss. If we rezone everything we won’t have anyway of brining any manufacturing in
later on, should we want to.
City Planner Lynn Duncan arrived 7:00 PM
Councillor Pelletier stated that Councillor Sargent voiced concern as to loosing commercial property and North River Canal Corridor (NRCC) is very restrictive. He wants to keep the Business Park Development (BPD). This was passed quickly.
Councillor Ryan stated that he thought a lot about the Business Park Development. The concerns of the people are that it goes to the Planning Board. He stated that the City Council can amend the ordinance to also have it come before the Council to stop it if it is not right or for final approval.
Councillor Furey asked the City Planner if an economic miracle happened will this preclude manufacturing?
Lynn Duncan, the City Planner, stated that it would not.
Councillor Sosnowski stated that the North River Canal Corridor Zoning Ordinance was not fast tracked. It went on for two years. There is a set back in it which makes it tough. There is no one set of dimensions and we are to restrictive. Everything should be looked at individually not on a broad stroke.
Mayor Driscoll stated that Councillor Sosnowski raised a good point, Salem doesn’t have virgin properties. That is why we are doing this Ordinance amendment.
Patricia Laberti – 3 Lions Lane stated that the City needs to be aggressive in it’s thinking. She stated that she is in favor of this Ordinance.
Charlie Walsh – 2 Salt Wall Lane asked where are you going to find factories? He stated that he is in favor of the ordinance.
Scott Weisburg – 17 Tanglewood Lane and Chairman of the Highland Condo Association stated that he is an immediate abutter to the proposed Lowe’s site. His association has sat down with Lowe’s and talked on how to improve the area with wind turbine, traffic etc. He is in support of this project.
James Moskovitz - 10 Rawlins Street in favor supports Lowe’s and Walmart and any development.
Randy Clark – 19 Bentley Street repeated the President’s statement “Yes We Can”.
Councillor Prevey stated we need to concentrate on the opinion of the Planning Board.
Charles Barton – 26 Marlborough Road stated he is in favor.
Rinus Oosthoek – Director for the Chamber of Commerce stated that he is in favor of this Zoning. We need additional businesses and employment he asked the Councillors to consider this.
David Pelletier – 12 Crombie Street stated that he is in favor of the Lowe’s / Walmart project. That since the 1960’s Salem Redevelopment changed this City. And not all the change was good.
Michael Marciella – Crombie Street resident, stated that he is a criminal defense attorney not a planner and puts his trust in the Mayor and the Planning Board. The City is moving forward and he is in favor.
James Rose – 25 Linden Street, stated he was in favor
Eileen Luddy- Intervale Road stated she is in favor.
Martin Imm – 174 Federal Street, stated he is in favor
Sandy Power – 18 Loring Avenue, stated she is in favor
Stan Franzeen – 34 Daniels Street, stated he is in favor
Councillor Prevey read into the record a letter from the Goldberg properties.
Polly Wilbert – 7 Cedar Street is against this zoning change.
Leslie Limon – 18 Southwick Street questioned PUD mixed use and asked how does JPI qualify as a PUD?
Lynn Duncan City Planner stated that JPI predates her as Planner. There is a small commercial part of JPI. Stop and Shop is also a PUD.
Darrow Lebovici – 122 Federal Street is not against Walmart / Lowe’s project and stated he believes we are confusing the two issues. He would like to see the project go forward in another way not with this Ordinance. We need balance. He is against the zoning ordinance change.
Teasie Riley Goggin – 9 Wisteria Street questioned if this is not rezoned can there be another way to do this without a PUD?
Lynn Duncan responded that the Mayor stated there are a number of ways to do this. Overlay – set backs etc.
Anthony Salvo, former Mayor, 18 Sumner Road, asked if residential is going to be part of the plan at Lowe’s?
Mayor clarified what BPD and PUD is and stated no residential is planned for the Lowe’s site.
Anthony Salvo, formerMayor, 18 Sumner Road stated that he is in favor of this project but be careful what you wish for because you might get it.
Shirley Walker – 51 Lafayette Street stated that she supports Lowe’s / Walmart project but against the zoning change.
Beverly McSwiggin – 30 Japonica Street stated she is in favor of the Lowe’s project but not in favor of the zoning change.
Mary Whitney – 356 Essex Street state she is still learning about this and she is not for or against it.
Councillor O’Keefe moved that the hearing be closed and the matter be referred to the Planning Board for their recommendation. It was so voted.
On the motion of Councillor O’Keefe the hearing adjourned at 8:45 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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