APPROVED Joint Hearing Minutes 06/28/10
Salem Planning Board/City Council Joint Hearing
Minutes of Meeting
June 28, 2010
A Joint Public Hearing of the Salem Planning Board and the Salem City Council for the purpose of discussing an amendment to the Zoning Ordinance relative to Use Regulations was held on Monday, June 28, 2010 at 7:00 p.m. in the Council Chambers at 93 Washington Street, Salem, Massachusetts.
Those present were City Councilors Robert McCarthy, Steven Pinto, Thomas Furey, Joan Lovely, Arthur Sargent, Michael Sosnowski, Jean Pelletier, Jerry Ryan, John Ronan, Paul Prevey, and Joseph O’Keefe; and Planning Board members Chuck Puleo, Chair, John Moustakis, Vice Chair, Randy Clarke, Mark George, Tim Ready, and Tim Kavanaugh. Also present: Lynn Duncan, Director of Planning and Community Development, Danielle McKnight, Staff Planner, Cheryl LaPointe, City Clerk, and Tom Devine, Planning Board Recording Clerk. Absent from the City Council: None. Absent from the Planning Board: Nadine Hanscom, Helen Sides, and Christine Sullivan.
Mr. McCarthy opened the meeting and recognized Planning Board Chair, Chuck Puleo. Mr. Puleo recused himself from the hearing. Vice Chair, John Moustakis, introduced Planning Board Members Randy Clarke, Tim Kavanaugh, Tim Ready, and Mark George.
Mr. Ronan said the existing zoning ordinance does not directly address a methadone clinic, though he would take the position that it is not allowed at all. In order to clarify and ensure future public participation, I moved to allow such clinics only by special permit. This would notify neighbors and let them speak at a public hearing. I understand this may need some tweaking. It was introduced by myself and Councilors Lovely and Pelletier.
Mr. Pinto said he supports this amendment. He also suggested care be taken to that it does not unduly burden the many other medical uses we have in Salem. A ZBA special permit triggers an alarm and isn’t always as easy as you think.
Mr. Furey said the clinic’s process is like a stealth bomber. They are going into many communities and opening methadone clinics under the radar. My son would be walking by the location. I commend Councilor Ronan.
Ms. Duncan said she is interested in hearing comments from the public and stated that the Planning Board is meeting at 120 Washington St. immediately after this meeting where they will discuss the issue and vote to make a recommendation. I have discussed the definitions with the City Solicitor and as a planner I am in full support. I, however, do recommend that the proposal be changed so that medical and dental offices, not clinics, are allowed by right. There are many such establishments and I don’t think we need them to have a special permit process.
Mr. O’Keefe raised concerns about the definitions of “dispensary” and “institute” and whether they could be disputed. Mr. Ronan said they drew from state statute and he wanted to be sure “clinic” is in a category of its own. Mr. McCarthy suggested referring the matter to the legal department. Mr. O’Keefe said he is in support of the amendment, but has concerns about the definitions.
Mr. Pellitier said he has no problem with dental and medical offices having to go before the ZBA when there is limited parking. When we split hairs, nothing gets done. Let’s define it as one.
Mr. McCarthy opened the meeting to comments from members of the public in favor of the proposal.
Joseph Hannon, 270 Lafayette St., said he supports the amendment. With everything a doctor already has to do, the ZBA is the least of their concerns. They can be open with us about what they are doing.
Erin Higgins, 270 Lafayette St., said she is totally on board with the amendment because it would allow more public involvement.
Jean Porcello Giusto said she has a law office at 271 Lafayette St. It is important that residents and business owners know what is going on in their neighborhood. I support this amendment and thank Councilor Ronan.
Helen Sullivan, 50 Ocean Ave., said she hopes the Council and Planning Board will go over specifics but also take a personal approach. I feel like you should use common sense and not be bogged down in law.
Kevin Sullivan, 50 Ocean Ave., said he is in favor of the proposal. I appreciate the questions being raised because I don’t want to impede business. At the same time transparency is important and we don’t want things coming under the radar.
Joseph Correnti, 63 Federal St., attorney representing North Shore Medical Center, said he is not speaking in favor or opposition. We are concerned that the proposal prohibits certain medical uses in residential areas and that most of the North Shore Medical Center campus is zoned residential. It could be possible that a clinic such as the one in question could be appropriate there, although there is no plan for it.
John Phelan, 3 Fairfield St., said he has no problem with the program coming to Salem because there are people with needs who are trying to recover. I ask you to consider the wealth of community, because we are a community.
A member of the public said he has had issues with a neighboring doctor’s clinic. He asked if a methadone clinic would be allowed in a residential area with a special permit. Mr. McCarthy said it would be prohibited. Mr. Hoyer said he strongly agrees with the proposed change. It is important that all the neighborhoods get involved.
Keith Romanavits, 90 Ocean Ave., said he has lived here 45 years. Every neighborhood should be able to decide what they want. The local government should make sure residents have a say. I thank Councilor Ronan for his work on this.
Meghan Romanovitz, 90 Ocean Ave., said some homes in the neighborhood are passed down through generations. We pay our taxes and want a say with what comes to Salem. We need to protect our children. We have a chance to be the next Marblehead or Lynnfield.
Teasie Riley Goggin, 9 Wisteria St., said she thanks her fellow citizens for bringing light to this. I hope that if a clinic comes, it does not go into The Point, since they already have enough in there. Will our pharmacies have methadone clinics in them?
A member of the public said the change will create a transparent process and allow neighbors to weigh in. It is important for these people to present themselves to the community and tell us their plans. I support the amendment.
Mr. McCarthy opened the meeting to comments from members of the public in opposition to the proposal.
Chuck Puleo, 5 Freeman Road, said he is not in opposition but would like to speak as a property owner and not as a Planning Board member. Doctors like to be near Salem Hospital, and it is important to keep Salem welcoming to businesses. I am concerned about the impact of this amendment, but I agree with the need for it.
Joan Pelletier, 79 Ocean Ave., asked whether it can be difficult to get a special permit. Mr. McCarthy said neighbors are notified and there is an appeal period. Ms. Duncan said the special permit process can be viewed as burdensome, and in some cases that can be a good thing. There is a public hearing.
Meghan Romanovitz, 90 Ocean Ave., asked if special permit notifications to neighbors would be clear about what type of business is coming. Mr. Ronan said that would depend on the transparency of the application itself. Even if the neighborhood gets only a vague letter, at least you would be able to look into it, which is better than what we had before.
Mr. Lovely said she is glad we are having this dialog. You can put medical offices in business and industrial districts, and you cannot and should not be able to put them in residential districts. But there are also business and professional offices. What is the difference between medical and professional offices? We have one of the biggest hospitals north of Boston. I am concerned about the broadness of the amendment. I support Ronan in this effort. Peabody is pushing to be a medical hub. Will we lose business to Peabody?
Joseph Hannon, 270 Lafayette St., said he spend a lot of time working with the city regarding the paint on his house. If I have to do that, let’s have everyone go through a process. Helen Sullivan, 50 Ocean Ave., said she received that letter, but nothing regarding the methadone clinic. That is ironic and we need to return to common sense.
Mr. O’Keefe said he is concerned about definitions and raised a question about the placement of a comma. Ms. Duncan said the definition in question is from Massachusetts General Law and we will check it.
A motion was made by Jean Pelletier to close the Joint Public Hearing and was approved 11-0 (Robert McCarthy, Steven Pinto, Thomas Furey, Joan Lovely, Arthur Sargent, Michael Sosnowski, Jean Pelletier, Jerry Ryan, John Ronan, Paul Prevey, and Joseph O’Keefe in favor, none opposed).
Mr. Ronan thanked the neighborhood. Citizens collected 591 signatures in the ward. It was a galvanizing experience. Mr. Pelletier said we need to work on the definition. We will wait for the Planning Board recommendation. Mr. Ryan said he has doctors and dentists in his family. The amendment should err on the side of caution and also ensure that neighbors have a say. Mr. Ronan said he agrees that the amendment may need tweaking, as long as it catches the offensive use. Mr. Furey asked how Shetland Park or the hospital could prevent a methadone clinic under this amendment. Mr. McCarthy said he assumes they have a say in whom they want to lease to.
Mr. Ronan said he believes the substance abuse company still wants to locate a clinic somewhere in Salem. It is important that we have a say in where it goes. Mr. Pinto asked about the North River Canal Corridor. Ms. Duncan said this does not apply to that because it has its own table of uses. It is unclear whether such a clinic is explicitly forbidden in the NRCC, but at this point we can’t add the NRCC to this amendment. Mr. Ronan said it is our intention to do that later because we are limited by the publication requirements. Mr. Prevey said he intends to bring that forward, since the NRCC is in his ward.
Mr. Sargent said he supports the amendment and thinks medical offices will have no trouble getting a special permit. Only a small minority of proposals will be challenged. We are bothered when a business leaves our city, but we should also be concerned when a resident leaves.
A motion was made by Jean Pelletier to refer the amendment for the Planning Board and was approved 11-0 (Robert McCarthy, Steven Pinto, Thomas Furey, Joan Lovely, Arthur Sargent, Michael Sosnowski, Jean Pelletier, Jerry Ryan, John Ronan, Paul Prevey, and Joseph O’Keefe in favor, none opposed).
A motion was made by Steven Pinto to adjourn and was approved 11-0 (Robert McCarthy, Steven Pinto, Thomas Furey, Joan Lovely, Arthur Sargent, Michael Sosnowski, Jean Pelletier, Jerry Ryan, John Ronan, Paul Prevey, and Joseph O’Keefe in favor, none opposed).
Meeting adjourned at 8:30 p.m.
Respectfully Submitted,
Tom Devine
Planning Board Clerk
Approved by the Planning Board 7/15/2010
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