JULY 29, 2014
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, July 29, 2014 at 7:00 P.M. for the purpose of discussing an amendment to the Zoning Ordinance relative to Table of Uses for NRCC District by adding to Section 8.4.5 “Brewery, Distillery, or Winery with Tasting Room” use, to be allowed by special permit.
Also a Joint Public Hearing of the City Council and Planning Board for the purpose of discussing an amendment to add a definition Section 10 for “Urban Agriculture” and Section 3.0 Table of Principal and Accessory Use Regulations to add “Urban Agriculture” use to be allowed by right and add a section 3.2.7 “Urban Agriculture” and Section 3.2 “Accessory Uses”.
Notice of this meeting was posted on July 17, 2014 at 5:06 P.M. and advertised in the Salem News on July 15, 2014 & July 22, 2014.
Councillor Siegel was recorded as absent. Councillor Furey arrived at 7:10 P.M.
President Robert K. McCarthy presided.
President McCarthy introduced the members of the Planning Board.
#398
Zoning amendment to the Zoning Ordinance relative to Table of Uses for NRCC District by adding to Section 8.4.5 “Brewery, Distillery, or Winery with Tasting Room” use, to be allowed by special permit.
APPEARING IN FAVOR WERE THE FOLLOWING:
Dana Meno – Planning Staff – stated that the NRCC was not included in the first draft to allow for Breweries, Distillery etc. This is to include it and require a special permit.
Chris Lohring – 19 Carlton Street stated this area is industrial use and this would be a good use for the area.
No one was appearing opposed.
Councillor Turiel moved that the hearing be closed. It was so voted.
Councillor Turiel moved that the matter be referred to the Planning Board for their recommendation. It was so voted.
_______________________________________________________________
#397
Zoning amendment to add a definition Section 10 for “Urban Agriculture” and Section 3.0 Table of Principal and Accessory Use Regulations to add “Urban Agriculture” use to be allowed by right and add a section 3.2.7 “Urban Agriculture” and Section 3.2 “Accessory Uses”.
Dana Menon – Staff Planner – looked at the City of Somerville, Peabody, Ipswich and Marblehead for their Ordinances.
Councillor O’Keefe asked what is this draft.
Dana Menon stated that the draft copy included was from the Board of Health they are draft health regulations.
Councillor O’Keefe asked who makes out the application?
Dana Menon stated the Health Department
Councillor Eppley stated that on section 11 it lists Urban Agriculture as of right, is it for every area in the city?
Dana Menon stated yes it would allow use as regulated by zoning and health regulations.
Councillor Turiel questioned Section E No coop can be located nearer than 10 feet of the principal building and 15 feet from the lot line. What if the distance is not enough. Coop structures is probably for health but there are mobile coops that can be moved in different directions or locations during different seasons. Also slaughtering needs clarification.
Councillor Gerard – Section 1 mentions honey, will this include bees?
Dana Menon – stated she doesn’t have the answer, the purpose of the definition is not creating a new use but we can clarify.
Councillor Eppley stated it is important to retain honey its for urban agriculture. It’s not for profit only for a hobby.
Councillor Famico suggested the Board of Health and Planning would like to see annual inspections.
Councillor Legault stated we need to be consistent. He asked regarding section 3.2.7 wondering about the side lot that abuts a street or a sidewalk does it change anything.
Dana Menon stated its conforming it would be just a sidewalk.
Councillor Gerard asked about honey, maybe we should include bees to have some guidelines.
Councillor Legault stated he thinks that is a separate issue. It can be looked at in the future.
Councillor Turiel stated we originally looked at this and used Somerville’s Ordinance and they have had success. Right now we don’t have any issues that have come up regarding bees or any other animal. We have had issues come up with chickens.
Councillor O’Keefe stated that the Mayor’s letter says ordinance. What about the Board of health regulations.
Larry Ramdin- Health Agent – stated the regulations are a draft that was included with the ordinance but the council is only looking at the ordinance.
Councillor O’Keefe stated have you seen these regulations?
Larry Ramdin responded I wrote them. They are two different things the regulations will be finalized in September.
Councillor Gerard stated the reason the Board of Health regulations was included in the paperwork is just to show it will work hand in hand with the zoning ordinance.
Councillor Legault stated regarding the regulation draft if someone has concerns they can bring it to the Health Agent and Board of Health for consideration. The board will open up for comment from the public before the regulations are finalized.
Councillor Sargent made a comment to the Planning Board that this has to be done properly to allow abutters to enjoy peace and quality of life so this doesn’t affect the neighbors.
Councillor McCarthy questioned regarding the yearly inspection is it regulated by State regulations that would guide us?
Larry Ramdin stated yes we have health inspectors and the animal officer.
Councillor O’Keefe asked Mr. Ramdin a question regarding the regulations is the applicant the home owner?
Larry Ramdin – stated he wanted to refrain from commenting on the draft. The Board will have a meeting to take this up. This is just a draft. This is just for a reference.
Councillor O’Keefe asked did you go online to look at what other states have for regulations.
Councillor Eppley stated we are not considering anything but the zoning.
Councillor Furey stated he was the liaison to the Board of Health. Do you estimate that you will need more staff?
Larry Ramdin responded maybe one more person. In drafting the regulations he looked state wide and internationally to craft this regulation.
Councillor O’Keefe asked when the City Council adopts the Ordinance will your board meet regarding the regulations
Larry Ramdin responded when the chair of the Board tells me to add chickens to the meeting agenda we will take it up.
Councillor Gerard stated September 9th is the Board of Health meeting.
Councillor McCarthy went over the process for zoning.
Councillor McCarthy asked if there was anyone in the audience in favor.
Kathy Karch, 76 Memorial Drive – stated she is in favor this issue in need of addressing for a long time. Her suggestions were to add aquaponics, cold frames, green houses and add rabbits and bees. There has been no discussion on anything but chickens. She would like to see coops allowed in side lots. Also slaughter should be prohibited.
Charles Karch, 76 Memorial Drive – stated we have chickens for 3 years now and our neighbor likes us having them and wants their own.
Naomi Cottrell, 55 Warren Street – would like to see a 15 foot side back she stated she likes chickens but her daughter came down with food allergies and we have had broken eggs etc.
Patrick & Patricia Scanlon, 42 Dearborn Street – opposed to trend of raising chickens in Cabot farm its ok they have lots of land. Stated was on the board of health in the eighties chickens did not cause a nuisance. It is our opinion that odor, noise etc. is disruptive to neighbors. Salem is densely populated. We have new neighbors who after two days brought in chickens and they were 30 feet from our bedroom windows. The neighbor removed them to another area after speaking with them. We are in support of the ordinance.
Benson, 19 Pickman Street – stated that their family owned a farm in Danvers and a home in Salem. There may have been a reason. Being green is important and working hard to have gardens in urban settings. Chickens are not green, you need to feed them. And Chickens waste contains Salmonella. Not in favor.
Susan Patterson, 8 Barton Square – She stated she is new to Salem and feels this needs common sense she used to raise quail to be turned back into the wild. Now she has lupus. Microbes on my street are scary do animal husbandry in the right manor. A reduction of flock might make sense.
Michelle Farr – resident stated she has chickens as pets. We worked with our neighbors. Children have learned from our flock, they learned where food comes from. She is in favor of the ordinance.
Katie Goldfield, 37 Moffatt Road – she stated she recognizes the importance of working with neighbors. She has been raising poultry for 45 years and lives in south Salem with her flock. She raises Bantam chickens. Every year Don Famico does a site inspection. He keeps a book of what I have and submits it to MDAR. The MDAR water foul is exempt. Chickens, quails etc. are checked for avian flue with a blood test by a poultry inspector. She stated that she has credentials for urban affairs raising poultry etc. She teaches at North Shore Community College horticulture.
Geoffrey Millar, 20 Abbott Street – Stated he doesn’t have chickens and there is no place for animals his lot is to small. He feels it is good to have this discussion.
Marcia Clawson, 46 Dearborn Street – She stated that she has lived in an R-2 area and had chickens and no complaints. She noted that back yard eggs are healthier than store bought. She moved into an R-1 zone and did make the decision to move her chickens. Having disputes between neighbors is a problem. She stated that she accepts differences. She has a garden and neighbors use insecticide which goes on her vegetables.
Tim Adams resident of Salem stated this is good that this is being done but feels the height of a chicken coop being 6 feet is restrictive. He stated that he builds coops. There needs to be common sense. He is in favor of chickens.
Maura Murphy, 70 Dearborn Street – We have chickens we try to use common sense, we went to our neighbors who were in support. We have 2 roosters. I don’t let them out until 7:30 AM weekdays and 8:30 PM on weekends. She is in favor of chickens.
Chris & Kevin Concordy – Orchard Terrace – They stated that they have concerns with chickens. What happens when your neighbors aren’t using common sense? They stated that they are very concerned with this zoning. They are in the legal process with the neighbor. What happens when they say its primary use is a pet? Define the word pet. It only needs to have a name and it is considered a pet. On site slaughter should not be allowed. The set back of 15 feet is not enough. We are not in favor of this ordinance. Who enforces the inspections? The noise is a nuisance.
Councillor O’Keefe – regarding the Accessory Use Chart – if a multi apartment complex wants chickens is it allowed?
Charles Puleo – Chairman Planning Board – stated No
Dana Menon stated it can be discussed but owner could not allow.
Councillor Gerard – regarding Sec. 3.2.7 Residential Use, how does it work?
Dana Menon stated it would be allow if they meet all requirements and health regulations.
William Griset Planning Board member – stated he lives at the Willows it is agriculture friendly but chickens raised for eggs have a place. It is not good in an urban setting. He saw a coyote on Memorial Drive it attacked a woman’s dog on leash. Chickens will attract this type of animal predator.
Randy Clarke Planning Board member – he saw the same coyote. We have to live with neighbors and with nature. There is a balance.
Councillor O’Keefe – asked if you have a B-1 District and live above a store could they have chickens.
Dana Menon – We can define the ordinance more.
Councillor Legault – response was he didn’t think large units would allow tenants to have chickens. It’s a confusing issue.
Councillor Turiel – general question is this appropriate in urban setting.
Dana Menon stated I think yes. If it meets the minimum requirements it still may not be suitable. We need to worry about the process. Each case will be looked at individually. We need to work on this with the Planning Board.
Councillor Eppley - Most of the regulations will be with the Health Department. What we are doing is trying to put things in place. This rests a lot with the Board of Health.
William Griset -The Ordinance and regulations will have to work together to do any approval.
Chuck Puleo – This will be discussed Thursday this is only two days away. Can you leave this hearing open?
Councillor O’Keefe assumed the Chair
Councillor McCarthy - stated the side and set backs you need to look at and lot size. Ten feet from home or fifteen feet from a neighbor needs to be looked at. And right now coyotes are a problem.
Councillor McCarthy resumed the Chair.
Councillor Eppley moved that the hearing be continued on September 11, 2014. It was so voted
On the motion of Councillor O’Keefe the hearing adjourned at 9:15 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
| 
