JOINT PUBLIC HEARING WITH THE CITY COUNCIL AND PLANNING BOARD
A Joint Public Hearing of the City Council and Planning Board was held in the Council Chamber on Monday, June 18, 2007 at 7:00 pm for the purpose of discussing a proposed Zoning and map Amendment for certain parcels located on Clark Avenue from Industrial to R-1. Notice of this meeting was posted on June 15, 2007 at 11:52 am and advertised in the Salem news by the City Clerk on May 29 & June 5, 2007.
Planning Board Members present were:
Gene Collins
Chuck Puleo, Chairman
Walter Power, Vice Chairman
John Moustakis
Pam Lombardini
In addition, Lynn Duncan, City Planner, and Beth Rennard, City Solicitor, were present.
City Council President Matthew Veno presided.
The public hearing began with Attorney Charles Keilty of 1 Salem Green, who was filling in for his brother Jack Keilty. Mr. Keilty represents Barbara Driscoll who owns parcels 0008 and 0009. These aren’t built on yet and are currently in the process of being sold to Chapel Hill LLC for development as a Cluster Residential Subdivision on this property. It was during this process that it was identified that the zoning on certain parcels was industrial instead of residential. Mr. Keilty presented the petition that was submitted to the City Council to have parcels 06-0004, 06-0006, 06-0008, 06-0009, 06-0010, 06-0015, 06-0017 and 06-0019 be rezoned by the City Council from Industrial to Residence (R1).
Councilor Jean Pelletier brought up some questions with answers from the City Solicitor. Are the existing homes on the cul-de-sac non-conforming? Can the city councilors rezone the 6 parcels that currently have residences? Yes. Is there any benefit to not rezoning- Don’t think so.
President Veno asked if there was anyone who wanted to speak, if so, to step forward and state their name and address.
Richard Davis, 22 Clark Ave., his home is zoned industrial and he would like the homes in the neighborhood to be re-zoned to residential.
Robert Bozarjian, 20 Clark Ave., his house is affected by the changes. He is concerned about his property and is not clear as to why the houses that were approved over ten years ago, that went through the proper channels, were built on industrial property. He believes that the development by Chapel Hill LLC is a more complex issue and shouldn’t be lumped with the issue of the houses that already exist.
Isabel Wiryo, 25 Clark Ave., said that the City Council should be looking at two separate matters- rezoning the parcels with existing houses, and the development of the Cluster Subdivision.
Enrico Petrucci, 5 Wyman Ave., concerned that if the industrial zone is moved, how many factories and other businesses will be there? How much more traffic will there be? Will there be an access road and where?
Mr. David Colpitts, 18 Clark Ave., gave President Veno a petition signed against the Cluster subdivision project. He said all neighbors are against it. He said that one issue is that the rezoning of the project is to gain more density and more use and more money. He stated that zoning was created several years ago with the idea that Swampscott Road was to be an industrial asset for that area and that a cluster subdivision would not make sense. Highland Ave flooded last spring and adding more homes would make the water problems worse. He suggested zoning the area to RC.
Councilor Pelletier stated that that suggestion/option is not on the table right now.
Robert Ridge, 6 Clark St., asked for Mr. Colpitts to be heard in full so that the cluster development and zoning suggestions can be heard.
President Veno said that the discussion is the zoning issues of the parcels right now and not the development.
Robert Ridge, 6 Clark St., asked if the issues could be separated into the houses that are already built and those to be built.
Lynn Duncan, City Planner- explained that when the council votes they could approve to rezone all 8 parcels; they could deny the rezoning of all 8 parcels; or they could approve the rezoning of the 6 parcels with the existing homes.
President Veno asked if it is in the best interest of the council to rezone the 6 parcels and not take action on the remainder. Lynn Duncan said they need to take a vote and may be able to table the 2 parcels not currently built on. If that is done, requests for rezoning cannot come back for 2 years.
Ellen Delgardo, 13 Clark Ave., would like to have the houses rezoned.
President Veno asked if anyone else would like to speak.
Attorney Keilty said that if the parcels were not rezoned, then hi s client would own industrial land. They would prefer to have residential uses on the parcels.
Robert Ridge, 6 Clark St., asked where the access roads would be for parcels 0008 and 0009 and how would that affect traffic? Mr. Keilty and Mrs. Duncan replied by showing plans that show the cluster subdivision and the access road, which will connect to Jennifer Circle onto Clark St. Mr. Ridge stated that Clark St. is in major need of repair, has major issues i.e. drainage. To put more traffic onto an overburdened road seems ridiculous.
Councilor Pelletier mentioned that there are plans to have Clark St. paved sometime this year and that they are looking into plans for drainage solutions in the future.
George Belleau, Developer, Town & Country- discussed how the area was a 2 cluster subdivision. C. Sosnowski said that there are 100 acres and 50 acres are developable; he doesn’t see any place that is build able for clusters.
Robert Bouzana, 25 Wyman Rd., said we should remember the existing houses on the parcels.
Mr. David Colpitts, 18 Clark Ave, said that if you rezone the industrial land to residential and take away the bottom of the industrial land, then in the future a developer could come in and try to develop it. Someone from Swampscott Rd could call someone on the “industrial” side to see if they could purchase some of it. He thinks the zoning should stay for the industrial sake of Salem. Says that houses should be R1 and the industrial should remain industrial zoned. There are wetlands, those will have to be accommodated, they could use some of the square footage of unusable land or “buffer” land. He would vote to separate the issues.
Sandra Tran, 21 Clark Ave., she feels that if access road were to be put in there would be more noise, traffic, etc. When she bought her house, she was told that the land behind her was conservation land. She asked for the Council to support Mr. Colpitts.
President Veno asked if anyone from the Planning Board would like to speak.
Walter Power, Planning Board, said that he was concerned if that we rezone this land, then the whole industrial area near Swampscott Rd would be open to residential possibilities.
Chuck Puleo, Planning Board, pointed out that the map is poorly done and does not show Highland Avenue or other roads in the area. He was hoping they would have brought in a map that showed a larger area.
Councilor Pelletier said they have a GIS person only once a week, and they will request such a map when they are in next week. He also questioned if parcels 0008 and 0009 are not re-zoned, will the developer need to re-do the plan?
Lynn Duncan, City Planner, stated that they would need to revise the plan. The cluster would then be to the north of Clark Ave.
Councilor Pelletier said that if it’s not re-zoned, the developer would have to come back with a revised plan. The developer has come up with the cost of the peer review, which is required by the Planning Board.
Councilor Prevey asked if the 6 parcels that are already developed are not re-zoned, are the owners restricted regarding changes on their properties? Beth Rennard said the lots would be unprotected, so it would be in the best interest of the owners to re-zone.
Councilor Sargent asked if this is turned down, can the owners of the exiting homes reapply for the zoning change despite the prohibition on repetitive petitions since they were not the ones to submit this current petition?
Lynn Duncan’s opinion is that there is no reason to not rezone the 6 parcels from industrial to residential. There is no reason to make the homeowners come back in.
Councilor Sargent stated that if it’s turned down, and then an appeal, there would be a reason.
Beth Rennard said that there is more of a disadvantage to have residential in an industrial zone. It’s a disadvantage not to move forward.
President Veno asked if there was anyone who hasn’t spoken yet.
Robert Ridge, 6 Clark St., doesn’t want homeowners to get caught up in the appeal process. Can homeowners do a petition for just their 6 properties?
Beth Rennard said it’s very rare to see a denial on a zoning change.
Lynn Duncan mentioned that in her previous position in Wilmington they did numerous rezoning petitions and she never saw separate appeals from developers or residents.
Question arose as to if its legal or right for a person to request rezoning land they don’t own? Lynn Duncan answered yes.
Mr. Colpitts stated that you have to have a legal interest to rezone a property you don’t own. A developer can say “if homeowners get rezoned, how about my land?” The 6 owners have a right to petition. Linking them with the other lots would leave them open to legal issues.
Councilor. Blair asked if people have a right to withdraw their property from the petition. Lynn Duncan explained no, that the City Council can move it forward for rezoning the 6 parcels.
Peter DeLuca, 10 Clark Ave., asked how the residential got built on industrial. Beth Rennard explained that there was an error in the early 80’s and that the Zoning Enforcement officer zoned incorrectly.
President Veno asked if there was anyone who hasn’t spoken yet.
Peter DeLuca, 10 Clark Ave., mentioned that Mr. Colpitts was the original developer. Mr. Colpitts stated that this petition is a misuse of land and property. The density is out of hand. He doesn’t believe the plans or the developer with the cluster and feels that the 6 parcels should have their own petition.
George Belleau stated that they are not trying to take advantage of anyone. He said that they felt an obligation after the zoning error was discovered. They have paid the legal bills and paid for the documentation to include the 6 houses in the petition.
Lillian Damato, 9 Clark Ave., asked what will the developer do to improve the road and have they sat down with the city engineer to resolve any problems?
Robert Rodazzi, 25 Clark Ave., Is there a way we can work with other homeowners and get our homes re-zoned? Beth Rennard said it is do-able. He asked what action is appropriate to take tonight to allow homeowners to petition for rezoning. Lynn Duncan explained that the Council can close the hearing and send it to the Planning Board. Ultimately they will have the option to rezone the 6 parcels but not the other 2; however, the council cannot act tonight.
Councilor Pelletier read aloud the Petition for Amendment to the Zoning Ordinance from John Keilty, representing Barbara Driscoll.
Chuck Puleo, Planning Board, commented that when Mr. Colpitts came in years ago for development on that land, it was presented as a whole subdivision, and was never developed. Mr. Colpitts said that at that time there were 2 developments, one with 8 lots, and the other with 5 or 6 lots.
Councilor Blair asked if the procedure is for the Councillors to make recommendation or to send to the Planning Board? Lynn Duncan said that the Council needs to make a decision to keep the Public Hearing open or to close it. When closed, it’s referred to the Planning Board and they would meet and make a recommendation to Council it before it goes back to the Council.
Councilor Sosnowski made a motion to close the Public Hearing and refer it to the Planning Board. Mr. Moustakis reiterated that once it’s closed and goes to the Planning Board, that the Public hearing is now closed. Lynn Duncan agreed and said that the Planning Board has been able to hear public opinion this evening.
Councilor Pelletier asked for the affected parties to be asked whether they would like to hearing to remain or open or be closed.
Mr. Colpitts addressed the public and recommended they take this chance to control where this is going. They should voice their opinions and control the meeting before it’s closed.
Sandra Tran, 21 Clark Ave., says she wasn’t quite clear on the rezoning, but asked for support of Mr. Colpitts.
Pam Lombardini, Planning Board, explained that the Planning Board would take a vote and then it would be sent back to the Council.
Councilor Pelletier told Ms. Tran that he was in the neighborhood recently to speak with the owners but she was not at home and he can sit with her soon and give further explanation.
Mr. Moustakis, Planning Board, said that after the zoning issue is resolved, there will be a hearing on the cluster development, and the residents could speak on the cluster development.
Mr. Keilty reiterated that the developer included residents with their best interest in mind. He suggested keeping the public hearing open so that his brother Jack could be present and could possibly bring more information.
There was a comment that there is no controversy with the 6 houses being rezoned, the controversy is what to do with the undeveloped land. The procedure is that by law, it is referred to the Planning Board for a recommendation.
Rick Davis, he appreciates the petition and wants his home rezoned.
Mr. Colpitts feels that they have done a good job with handouts and explanations and that we shouldn’t wait for Jack Keilty. Charles Keilty did an excellent job for his brother.
Beth Rennard said that there are time constraints, if they close tonight, they have 90 days from today to make a decision.
Councilor Pelletier said 4 out of 5 residents are in favor of rezoning.
Councilor Sosnowski said for dates, the first passage is July 12th, the 2nd is Sept 13.
Mr. Colpitts asked “can they vote tonight?” President Veno said no, they have to follow procedure.
Councilor Sosnowski said that even if they separate the issues, they still have to keep it open or close it tonight.
Councilor Pelletier seconded to close the public hearing and asked the Planning Board to consider this at their next meeting.
Gene Collins, Planning Board, said that the petitioner included the 6 residents under his own discretion and it appears that the developer is acting on an unresolved issue for the homeowners.
Councilor Pelletier recommends to the Planning Board to rezone the 6 properties.
Councilor Sargent asked the developer if they approached the residents prior to the petition. J. Pelletier said no; that the petition went to the Councillors and then he informed the residents.
Mr. Belleau said that Councilor Pelletier was correct. He was told that the procedure was to notify the Ward Councilor and that they would inform the residents. They were doing what they thought was right.
Councilor Pelletier made motion to refer this to the Planning Board, seconded by Councilor Sosnowski, Voted unanimous (5-0)
On the motion made by President Veno, the hearing adjourned at 9 pm.
| 
