Salem Planning Board
Minutes of Meeting
July 9, 2009
A special meeting of the Salem Planning Board was held on July 9, 2009, at 7:00 p.m. in Room 313, Third Floor, at 120 Washington Street, Salem, Massachusetts.
Those present were: Chuck Puleo, Chair, John Moustakis, Dave Weiner, Tim Kavanaugh, Tim Ready, Christine Sullivan and Gene Collins. Also present were Lynn Duncan, Executive Director, Danielle McKnight, Staff Planner and Stacey Dupuis, Clerk. Absent: Pam Lombardini
Proposed Zoning Re-Codification: Discussion And Vote To Issue Recommendations To City Council.
Based on the July 1 public hearing and further review with Councillors, Lynn Duncan had some proposed amendments for the zoning recodification which she reviewed:
- Within the Table of Principal and Accessory Use Regulations, under “C. Commercial Uses”, delete Commercial parking facility. The implications of this type of use and where it should be located has not been explored. This would be a substantive change.
Delete all proposed wording changes in “Section 5.1 Off-Street parking” and replace with the existing wording from Section 7-3 of the current Zoning Ordinance.
- Delete the words Chief of the Fire Department in “Section 4.2.1 General” and replace with the words Head of the Fire Department or his designee.
- Delete the words Fire Department in Sections 7.2.3, 7.3.7, 8.1.7, 8.3.8 and 9.5.5 and replace with the words Head of the Fire Department or his designee.
- Delete the word petition in Section 7.2.3 Cluster Residential Development and replace it with the word application.
- Delete the definition of Assisted Living from “Section 10.0 Definitions” as it is not contained in the proposed Table of Principal Uses.
- Delete the “III” and replace with “3” under Nursing or convalescent home in “Section 10.0 Definitions”.
For the Purpose section (page 4, first page of narrative), keep the original "purpose" Section A but not B1, B2 or B3. At the end of A, add what Attorney Bobrowski recommended “the provisions of the Zoning Act, G.L. c.40A, as amended, Section 2A of 1975 Mass. Acts 808, and by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts” Tim Kavanaugh recommended changing the introduction on Section A to These regulations are enacted to promote the health....
In regards to Item 6, Christine Sullivan wondered what the consequence would be if someone comes into the city to build an Assisted Living Facility, since there is no provision for one. Lynn said that the City agrees it's a need for assisted living and that this is an important "parking lot" issue. It's inconsistent to put in a definition for it but not include it in the table of uses, until there is a provision for it.
In regards to the Table of Required Parking Spaces, John Moustakis questioned the number of spaces required for gyms/health clubs, golf courses and driving ranges.
For Item 7, Tim Kavanaugh suggested that Chapter III should probably be renamed Chapter 111 instead of III. He will look into it and get in touch with Lynn.
Tim Ready remembered that there was a cultural issue raised during the public hearing during discussion of the introduction, but Lynn Duncan said that the issue goes away by reverting back to provision A of the current purpose, and she is comfortable with that.
John Moustakis moved to approve the proposed zoning recodification.
A man in the audience asked to speak. He mentioned that there is a church up the street from his residence that will be putting in rooming houses. It started out as religious institution, but then changed to an educational institute so that it would put in rooming houses. He feels there should be a specific category in the recodification so that laws cannot be manipulated. Lynn Duncan explained that they are not making any changes with this recodification and also, it is a state law, and this provision simply regurgitates state laws. She said the City can't change zoning that is mandated by state law. This is an issue that could be challenged later on.
There being no further questions on this matter, a motion was made by John Moustakis to approve the proposed zoning recodification and returned it to the City Council for discussion at their meeting on July 16, 2009, seconded by Tim Kavanaugh and approved unanimously.
Board members commended the planning department on this terrific document and all their hard work.
Other Business
Chuck Puleo asked about the project on Canal Street regarding requirements for the parking area. There was some discussion as to what they were supposed to be, according to the decision. Danielle McKnight said according to the decision, the applicant is required to stripe spaces only when the lot is repaved. While the plan indicates they must at least fill the potholes currently there in the interim, it doesn't say they are required to pave and stripe until they reuse the lot for something else. Chuck added that the applicant has remodeled the other building on the lot. Lynn Duncan mentioned that they will be coming to the Planning Board for a special permit since they want to change the drive thru to fast food (from its currently permitted bank use), and perhaps at that time, the Planning Board can instill
these parking lot requirements.
There being no further items to come before the Board, a motion was made by Gene Collins to adjourn, seconded by John Moustakis and approved unanimously.
The meeting ended at 8:00 pm.
Respectfully Submitted,
Stacey Dupuis
Planning Board Clerk
Approved by the Planning Board 9/17/09
| 
