CITY OF SALEM
MAY 31, 2011
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, May 31, 2011 at 7:00 P.M. for the purpose of discussing an amendment to the Zoning Ordinance relative to the property located at 111 Highland Avenue to change from R-1 (Residential 1) to B-4 (Business Wholesale and Automotive). Notice of this meeting was posted on May 26, 2011 at 5:22 P.M. and advertised in the Salem News on May 17th & May 24, 2011.
Absent was Councillor Ronan. Councillor McCarthy arrived at 7:30 P.M.
President Jerry L. Ryan presided.
President Ryan introduced the members of the Planning Board.
Planning board members in attendance: Mark George, Timothy Kavanaugh, John C. Moustakis, Charles Puleo, Timothy F. Ready, Helen F. Sides, Christine B. Sullivan. Also City Planner Lynn Duncan.
Appearing in favor was Mr. Dennis R. Cataldo for Cataldo Ambulance.
He stated he made inquiries of the property and thought it was a good location. Upon investigating he found out it was in an Residential-1 (R-1) district. He had discussions with the City Planner Lynn Duncan and found out that it would need to be rezoned. In April there was a meeting with the neighborhood and at that time heard a lot of concerns regarding noise and hours of operation. He stated that he had promised the neighbors and would try to use audible warning devices and try and exit during rush hour and that he found he did not need to use sirens as using the warning lights was sufficient to exit. He also stated that they would not be using Willson Terrace. In using Highland Avenue at Willson St. they would install in the ambulances a device which allows the lights to change for emergency vehicles. At the 111 Highland Ave. location
they have 8 staff members and 2-4 vehicles and 8 parking spaces for the staff parking. He would invest 700,000 to upgrade the property. Currently they operate 18 different locations and service 12 communities. They don’t have any ongoing issues at any of the other locations. They felt it prudent to go forward with the petition to rezone to B-4.
Councillor Pelletier gave brief history of the location.
Mr. Cataldo stated that they currently rent space on Canal Street. They have two spots one to house the staff the other to repair the vehicles.
Councillor Furey stated this is a nice neighborhood and asked if they investigated alternative sites.
Mr. Cataldo stated that they have been actively seeking opportunity but with no luck in finding something centrally located.
Councillor Furey asked could you find anywhere on Jefferson Avenue as he believed this would be disruptive to the neighborhood 24-7.
Mr. Cataldo stated that this property has been vacant for 5 years and believes this property doesn’t meet the restraints of an R-1. He stated that during the day vehicles are not on the site long. They are very rarely on the site as Salem is an active community.
Councillor Lovely asked did I hear you say the lot is not conducive to a house lot?
Mr. Cataldo stated yes the property has challenges.
Councillor Sargent asked do you own the property?
Mr. Cataldo stated no.
Councillor Sargent stated you’re proposing a zoning change this now would be zoned B-4 and if someone offered you a good sum of money, another business could come in and be detrimental to the neighbors.
Councillor O’Keefe asked Mr. Cataldo have you done time distant studies say to the Willows?
Mr. Cataldo stated no it’s just centrally located and an opportune area for vehicles to respond from here.
Councillor O’Keefe stated for call 911 response time is four (4) minutes.
Councillor Pinto asked were you going to park an ambulance in an afternoon?
Mr. Cataldo stated from quarter past eight to midnight, every time there’s an emergency the lights slowed traffic. There was no need for a siren. People respond to the visual lights faster than audible.
Mark George Planning Board member questioned what was pre-existing use?
Mr. Cataldo stated it’s been five years since a business was in there but the last use was a transmission repair shop for autos.
Mr. George stated his concern is behind are single family homes. This will change the character of the area.
Mr. Cataldo stated my view it’s thickly settled area.
Mr. George stated it’s one piece of the puzzle, how will this impact the area.
Charles Puleo Planning Board member stated this was a gas station and auto repair. You said you provided residents with other areas of your business can you give this to the Planning Board?
Tim Ready Planning Board Member asked how active is this compared to a fire station and how it affects neighbors.
Mr. Cataldo stated that he can’t answer to that but the vehicles won’t be responding from that location. They leave and move around the community and they respond from a stand by location.
Mr. Ready So it would be passive use vs. a fire station which dispatches from their location.
Mr. Cataldo stated I’m speaking from experience this will be a surprise how it won’t affect them. Ambulances don’t use sirens anymore than they have to it’s pretty loud inside the ambulance. Lynn has abutters even closer, Foster Street Peabody has an apartment house next door and we have not complaints.
Councillor McCarthy arrived at 7:30 PM
Councillor Prevey stated Loring Avenue do you know what it’s zoned as?
Mr. Cataldo stated no.
Councillor Sosnowski asked what is the zone plot?
Lynn Duncan sated the parcels are R-1
Mark George asked what are people impacted by this land use.
Councillor Pelletier stated we have a petition of 101 signatures, 68 abutters and they are all opposed. Any business could move in.
Lynn Duncan stated we could walk through table of zoning, some would be by right, some by special permit.
Mr. George asked is there some other way to allow for this to be a business but not rezoned?
Lynn Duncan We did believe the only way to accommodate this business was by new legislation special permit extension act would be valid until 2013. The other part of the question is could it be amended for another use? Currently a pain clinic the legal department is looking into it.
Councillor Lovely the permit extension act adds two (2) to four (4) years?
Lynn Duncan stated it adds two (2) years to the totaling period 2009.
Councillor Lovely stated there are two (2) decisions 2005 and 2009. I thought this was spot zoning.
Lynn Duncan - totaling August 15, 2008 – 2010 and additional two (2) years when granted bring it to June 8, 2013.
Lynn Duncan read the following: Legal opinion regarding spot zoning from Assistant Solicitor. “May appear to be spot zoning but case law determines if there is a benefit to the general public”
Councillor O’Keefe stated we may not even need this public hearing due to the Permit Extension Act.
Lynn Duncan stated we wanted the public hearing to hear the public. We can close the public hearing and the Planning Board has twenty (21) days to submit their recommendation to City Council and then Council has ninety (90) days to adopt. You as legislative body can rezone we may be able to grant a special permit. Go forward and give us time to get answers.
Councillor McCarthy stated his concerns were spot zoning but according to the Legal Department we can do this. But if Mr. Cataldo’s business goes away would this be spot zoning and would it go away?
Lynn Duncan If it is zoned B-4 it stays B-4.
Councillor Sargent stated Special Permit is specific how would this be assignable to someone else. This should be before us to decide. How can we disrespect the neighborhood? We should not take a back door to this.
Councillor Sosnowski a Permit Extension Act, doesn’t every City or Town have to adopt it?
Lynn Duncan state no given the economic times these are projects approved. This does not need to be adopted.
Councillor Sosnowski stated that Councillor Sargent and I went through the zoning. I’m in favor of the business but we have a petition before us by the residents. What are they against B-4 or ambulance? This does constitute spot zoning. Permits are for specific things, if it goes away so does the permit.
OPEN TO PUBLIC COMMENT 8:00 PM
No one was recorded in favor.
In Opposition:
John Lunt 6 Greenway Road- he lives 100 yards from the garage located at 111 Highland Avenue. The garage is used by the owner on regular basis. Rezoning spot zoning is illegal in Massachusetts. If you look at this there are two sides to this. He called the state to find out the definition of “Spot Zoning” The cases used in legal opinion are large businesses. This is not a benefit to the City, yes we need ambulances but he is concerned what will come next if the ambulance business leaves. He stated he is against the zoning.
Stan Poirier 8 Cottage Street – He is the first house built. He stated he has serious concerns for the neighborhood and feels this is spot zoning. He is against the zoning.
Roger Hastings 3 Willson Road – would like to see something done with the property, it is in disrepair. The Planning department should look at the history of the land. It was once 1 parcel of land by the Doctors office. Once was two separate properties so was allowed to become two separate properties again. He is against the zoning.
Sandy Benson 14 Greenway Road – she has a history with the ambulance company as a health provider. But has concerns as a parent. She stated she is against the zoning.
Leslie Limon – stated she is against the zoning.
John Lunt 6 Greenway Road – stated he has one more comment. Most times these things create a situation where if the Council passes this it will end up in court.
Councillor Sargent stated your property is valued by location the ambulance would own the land but the neighborhood would own the zone.
Councillor Sosnowski moved the matter fail
Councillor Pelletier sated this must be referred to the Planning Board for their recommendation.
Councillor Lovely stated yes this must be referred to the Planning Board but she will not support this.
Councillor Pinto stated he is concerned is we don’t support this it may come back. But he doesn’t support it.
Lynn Duncan stated she doesn’t have control if Planning Board will take up and support it they do have 21 days for their recommendation. Danielle McKnight is the recording clerk.
Councillor Pelletier stated when it goes to Planning Board it’s not a public hearing. You can attend but not speak.
Councillor Ryan stated at meeting with Mr. Cataldo he does a great job at the meeting the neighbors were against but Mr. Cataldo stated he wouldn’t force it on the neighbors if they are not in support.
Mr. Cataldo Thanked the Council for allowing us tonight. This is the process and won’t fore a square peg in a round hole.
Councillor Pelletier moved that the hearing be closed. It was so voted.
Mr. Cataldo withdrew the petition for Zoning change.
Lynn Duncan City Planner asked that it be put in writing.
On the motion of Councillor Prevey the hearing was adjourned at 8:55 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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