A Joint Public Hearing of the City Council and Planning Board was held in the Council Chamber on Monday, June 28, 2010 at 7:00 P.M. for the purpose of discussing a proposed Zoning Ordinance amendment relative to Use Regulations. Notice of this meeting was posted on June 25, 2010 at 10:53 A.M. and advertised in the Salem News on June 14, & June 21, 2010.
All Councillors were recorded as present.
President Robert McCarthy presided.
President Robert McCarthy introduced the members of the Planning Board.
Charles Puleo Chairman, Mark George, Timothy Kavanaugh, John C. Moustakis, Mark George and Randy Clarke. Charles Puleo chairman of the planningboard recused himself due to a conflict. Also present was Lynn Duncan City Planner and Danielle McKnight of the Planning Department. Also in attendance was Solicitor Elizabeth Rennard.
President Robert McCarthy then called on Councillor Ronan.
Councillor Ronan explained why he brought in this Zoning Ordinance amendment. It was due to the methadone clinic on Canal Street in the old Jeffery Brothers building. He stated that he took a look at the old zoning ordinance which was online that said they could do this by right. In 2009 the zoning ordinance was recodified. It defined medical clinic but the table of uses excluded the medical clinic. He stated he could see there would be a legal fight. He would have fought it as a lawyer, he stated that it’s not a hospital. He moved to amend the ordinance to follow the State’s definition and then added “Medical Clinic” to the Table by special permit only. By requiring a special permit it would go through the process and neighbors would get notified. This did not happen with Canal Street, that’s why the ordinance
amendment was done. This may be tweaked a little. By amending Medical Clinic the public isn’t omitted by the process.
Councillor Pinto – supports this ordinance and his concerns are what happens is it will trigger them to go to the Board of Appeals, there are a lot of medical uses in Salem. This is a good thing we’re trying to do. But it opens up a lot of questions.
Councillor Furey – commended Councillor Ronan. This would have gone under the radar. Thank you for brining it to the forefront.
Councillor McCarthy recognized Lynn Duncan, City Planner. What does the Planning Dept. think of the definition.
Lynn Duncan – The Planning Board is scheduled for a meeting following this meeting. All are welcome to attend. The Planning board will discuss this, so they will have a recommendation for the Council. This meeting right now is the Public Hearing for people to speak. The Planning Board will not allow the public to speak. She stated that the Planning Board supports the amendment and is recommending it with a change to Medical/Dental offices be allowed by right.
Councillor O’Keefe asked what is a medical clinic “dispensary”
Councillor Ronan stated it could be looked up in a dictionary.
Councillor O’Keefe asked what is an “institute”
Councillor Ronan stated he shared concern, you can’t be a medical clinic and an office.
Councillor O’Keefe stated can the Councillor define “Institute”
Solicitor Elizabeth Rennard stated this is taken from Chapter 111 of the Massachusetts General Laws, Public Health Statute.
Councillor O’Keefe asked for the Solicitors department to define and distribute the law for the Council.
Councillor Pelletier reminded the Council by State statute we can’t make subsequent changes. We can’t split hairs with definitions. Dentist and medical needs to all come for a special permit.
Councillor McCarthy told this meeting is specific to the Zoning Ordinance amendment and not a particular place.
The meeting was opened to the public.
APPEARING IN FAVOR WERE THE FOLLOWING:
Joe Leman – 270 Lafayette St., stated he is in favor of the amendment now all the doctors will go through this.
Erin Higgins – 277 Lafayette St. stated she approved the ordinance.
Jean Porcello – 271 Lafayette St. stated that she has a law office near Councillor Ronan and is in favor of making people aware of what’s happening in their neighborhood.
Carolann Sullivan – 50 Ocean Ave. stated she is worried about splitting hairs, this should go a little beyond and use common sense. I choose to live in Salem, in the future what if it were a strip club, this should be communicated to the neighbors.
Kevin Sullivan – 50 Ocean Ave. is in favor and appreciates this discussion. This issue woke up a lot of people. This might make it a little cumbersome.
Attorney Joseph Correnti – representative for North Shore Medical Center, would like to comment on behalf of the medical center, definition of medical clinic is very broad. He reminded the City the entire Medical center is in a residential area. There was discussion of an Overlay District for the Hospital. It is totally understandable for the need for the amendment but we just want to know if North Shore Medical Center is grandfathered under this ordinance.
John Phelan - 3 Fairfield St. I have no problem with clinic. People have needs. I would consider the wealth in our community and appreciate help.
Stan Poirier – 8 Cottage St. as a homeowner, his property is behind Dr. Von Weiss on Highland Avenue. In the process of purchase another physician was looking to open a pain management clinic and it is R-1 district. It never happened. His concern is that would a medical clinic and under R-1 do you have to apply for a variance?
Councillor McCarthy stated no.
Stan Poirier – stated his concern this property could be looked at and it’s around the corner from three (3) schools. Neighborhoods need to be involved.
Keith Romanovitz – 90 Ocean Ave. stated he has been in his home for 45 years. Every neighborhood should decide for themselves what should be allowed. Government should protect homeowners. I felt this was getting snuck in. As a homeowner we should have a right to know.
Meg Romanovitz – 90 Ocean Ave. I have lived there for 20 years. This neighborhood has passed from generation to generation. There are schools everywhere and need to protect our children. Our residents need a chance to speak.
Teasie Riley Goggin – 9 Wisteria St. thanked our residents. Where and if the clinic comes here don’t put it in the point area. We have a lot of CVS’s and Walgreens, can they dispense methadone?
Poly Wilber – 7 Cedar St. Thanked the Council to require a special permit or disallow so that abutters can weigh in on their neighbors. This creates a process to know what is happening in our city with technology. She supports the amendment.
Charles Puleo – owner commercial property on Highland Avenue. Highland Avenue encourages medical facilities between Lynn and Salem. I question the last paragraph medical or dental office.
Joan Pelletier – 79 Ocean Ave. asked if it is hard to get a special permit.
Councillor McCarthy responded if you were a doctor or dentist there is a 21 day appeal period.
Joan Pelletier – so it’s my understanding that neighbors would be notified
Lynn Duncan, City Planner stated special permits can be viewed burdensome in some cases by time. Time is needed to do agendas and ads and have a hearing then there’s the 21 day appeal period. She wanted to remind City council that overlay district waterways gave a process of by right. Should not have process for dentist offices and medical offices are not allowed in R-1.
Carolann Sullivan – asked if she opened a dress shop how do I do the process?
Lynn Duncan stated in zoning there is a table of uses. Dress shop would fall under retail uses. Sometimes you speak with the building inspector. In order to help businesses on our website would tell you what you would need. The key shows what’s allowed or not allowed. Also the Planning department will assist people on a one to one.
Erin Higgins – asked will letters be specific if a doctor’s office or dentist are applying?
Councillor Ronan stated he is not sure what the letters would say.
Councillor Lovely stated that medical/dental requires a special permit process. In the Business District you can put in but not in R-1 district business offices can’t go into an R-1. Professional offices need a special permit in business district. She is concerned that medical/dental will now go through a special permit process. Peabody is looking to be a medical hub, will we loose them? What is the time line for Planning Board to get back with a recommendation.
Lynn Duncan state the Board has 21 days from the close of the Public Hearing. Council has 90 days from the close of the public hearing to adopt.
Councillor Lovely her issues are businesses or industrial across from residential, but she is in support of this ordinance amendment.
Mary Ellen McClean - 22 Wisteria St. Asked would it have made a difference if it was a business zone.
Councillor Ronan responded no.
Male resident not identified stated that it took one month just to get a color of trim approved for his house. I’m sure this would take time as well.
Carolann Sullivan – She stated she is a neighbor of the previous speaker and she found out within one week by a notice regarding the house trim paint color. They should do this for everything.
Councillor O’Keefe asked Ms. Duncan to get a new definition for Medical clinic.
Councillor Pelletier said he has considered Councillor Lovely’s comment. And agrees.
Councillor Ryan stated that his father is a dentist, there should be a definition and they should go before the board to have a say.
Councillor Ronan stated the ordinance may need tweaking. We wanted to make sure we threw the net wide enough to capture this issue of offensive uses.
Councillor Furey stated that they wanted a methadone clinic in the old Jeffrey Brothers building. What if Shetland Park doesn’t want it or even North Shore Medical Center says no we don’t want it either.
Councillor McCarthy stated as a property owner they could say no.
Councillor Ronan stated he was lead to believe this clinic is looking at a couple of other sites, Highland Avenue and Shetland Properties. They haven’t abandoned their plans in Salem. We want to protect all the Wards.
Councillor Pinto the NRCC how does that affect this.
Lynn Duncan stated the NRCC has it’s own table of uses. This doesn’t relate, I had a brief discussion with the Solicitor and building inspector it has professional offices and separate medical/dental office. If the Ordinance is adopted with the definition it could deny and would not allow.
Councillor Ronan asked the Planner if it’s our intention to include this later?
Lynn Duncan responded yes.
Councillor Prevey stated that the NRCC is in Ward 6. He will do a Zoning ordinance for it to be air tight to prohibit it.
Councillor Sargent supports the amendment. Our boards are very reasonable. When a business leaves our city we get upset, but when a resident leaves our city we don’t get upset. We need to protect the residents.
THERE WAS NO ONE IN OPPOSITION.
Councillor Pelletier - moved that the hearing be closed. It was so voted.
Councillor Pelletier - moved that the matter be referred to the Planning Board for their recommendation. It was so voted.
On the motion of Councillor Pinto the hearing adjourned at 8:35 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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