APPROVED Special Meeting Minutes, June 28, 2010
Salem Planning Board
Minutes of Meeting
June 28, 2010
A special meeting of the Salem Planning Board was held on Monday, June 28, 2010 immediately following the 7:00 p.m. joint hearing of the Planning Board and City Council, in Room 313, Third Floor, at 120 Washington Street, Salem, Massachusetts.
Those present were Chuck Puleo, Chair, John Moustakis, Vice Chair, Mark George, Randy Clarke, Tim Kavanaugh, and Tim Ready. Also present: Lynn Duncan, Director, Department of Planning and Community Development, Danielle McKnight, Staff Planner, and Tom Devine, Recording Clerk.
Discussion and vote: recommendation to City Council on a proposed zoning amendment to change the requirements for medical and business office uses in the Industrial and all Business zones.
Mr. Puleo recused himself from the discussion and vote and handed the meeting over to John Moustakis. Mr. George asked if clinics can be built on the hospital campus with a variance. Ms. McKnight said they would apply for a special permit if continuing a nonconforming use, but otherwise, no means no. Mr. Ready said he is uncomfortable with the depth and speed with which they are moving. Ms. Duncan said reviewing zoning amendments and making a recommendation to the Council is one of the board’s responsibilities.
Mr. Ready said he is concerned that this will impact unforeseen future uses, such as biotech. Mr. Clarke wondered why they cannot be more specific with the definition of medical clinic. Ms. Duncan said that would be a question for Mr. Ronan. The definition comes from state law and there was an effort not to be too narrow. The board could recommend something narrower. Mr. Clarke recommended using a specific definition for methadone clinic and dealing with whatever legal challenges follow. We should also have an exemption for the hospital district.
Mr. Kavanaugh said they should recommend an exemption for the hospital, where there are already many clinics. I don’t know how the neighborhood groups’ concerns would be furthered if the hospital can’t have clinics. I think the wording of this will also bring an awful lot into the special permit process that has been by right for many years. The net is too big. They should at least allow the hospital to have clinics. Mr. Moustakis asked if others agree. Mr. Clarke and Mr. Ready expressed agreement. Ms. Duncan said you are identifying many types of offices that do not harm neighborhoods.
Mr. Kavanaugh said this could further stress businesses that might already want to be closer to Route 128. The narrower the better. Ms. Duncan said the Department and the Solicitor could look into a narrower definition of clinic. Mr. Kavanaugh said clinics that dispense drugs is about as narrow as we can go. Mr. Ready said we need a careful balance because the city has certain needs and we should be careful not to harm our employers and tax-paying businesses. Mr. Kavanaugh said that every time a physical rehab wanted to open, it would have to come before the ZBA with representation and extra time. It could even be an avenue for existing clinics to fight potential competition. That has happened here with hotels. If you provide a legal basis to challenge a competitor, eventually people
will take advantage of that. I suggest a definition that is as narrow as possible.
Mr. Clarke asked if this impacts veterinary services, since it deletes references to treating humans. Why would we trouble animal services with this? Ms. Duncan said the Solicitor could help work something out. Mr. Moustakis said that the Council’s good intentions with zoning changes don’t always work well. He continued reading the amendment aloud. Mr. Clarke said that if part B is worded right, C could be eliminated.
Mr. Kavanaugh said the city is addressing dispensation of drugs without a diagnostic component, unlike a hospital clinic where there are doctors and other professionals who also offer some kind of diagnostic oversight and diagnostic capacity. There is none of that at a methadone clinic. If the definition can be narrowed by taking that into account, it would serve the purposes of neighborhoods and businesses. Ms. Duncan said they need to vote on something specific. Mr. Kavanaugh said Mr. Ronan didn’t do enough to avoid further problems, so I recommend the definition be as narrow as possible.
Mr. Ready said they should be explicit if they don’t want a methadone clinic. Mr. Clarke agreed. Ms. Duncan stated that what she hears is that they will recommend to more narrowly define clinic as those without diagnostic capacity which dispense drugs in a non-hospital setting. And medical and dental clinics would be by right. Mr. Clarke added that the veterinary issue should be clarified.
A motion was made by Randy Clark to recommend that the City Council approve the zoning amendment with conditions, seconded by Tim Kavanaught and approved 5-0 (John Moustakis, Mark George, Randy Clarke, Tim Kavanaugh, and Tim Ready in favor, none opposed, Chuck Puleo abstaining).
Continued discussion: Request of ANTHONY TIRO for approval to place cash in escrow to guarantee completion of road work on THOMAS CIRCLE, including installation of a guard rail, as part of the criteria for obtaining a Certificate of Occupancy for the final house in the development.
Mr. Puleo rejoined the meeting. Ms. McKnight said Mr. Knowlton provided a cost breakdown. The City Solicitor advised me of the possibility of conveying the parcel to the city, if the owner is amenable, instead of using the easement. The city would then be liable as work goes on. If Mr. Tiro initiated this, we would accept that he had done all he could, even if the owner doesn’t want to do it. In that case, the roadway would retain current ownership. Mr. Kavanaugh said this makes sense but he is concerned about the time frame. Mr. Puleo said the November is the time limit. Mr. Clarke said he would prefer an earlier deadline. Mr. Puleo said the city has to gain ownership before Mr. Tiro can pave it. Is Ms. Howland agreeable?
Susan Howland, 3 Thomas Circle, said she is agreeable with the condition that the property line changes legally at no expense to her. Ms. McKnight described the anticipated process. Mr. Kavanaugh said land court will approve this, but it will take time. Ms. Howland asked how we assure that Mr. Tiro follows through. Ms. McKnight asked whether Mr. Tiro can only start the work once the process is complete. Mr. Kavanaugh responded affirmatively. Mr. Moustakis asked what happens if Mr. Tiro completes everything but the section in question. Mr. Kavanaugh said there can be money for that. Mr. Puleo said there will be bond money there if he doesn’t finish.
Mr. Ready noted that Mr. Tiro returned to the board because the City Engineer was on vacation and it would be fair for us to take action on the matter at hand. Mr. Kavanaugh said he has no problem approving the bond with Mr. Knowlton’s approval. Mr. Puleo asked when the money will be released. Mr. Ready said we release it when he completes the work and has started the land court process. Mr. Puleo said we need to keep enough money to be sure he will complete this. Mr. Clarke asked why we don’t get the council to vote to accept the land to start the process.
Jerry Ryan, Ward 4 Councilor, said he is willing to do what he can. Mr. Kavanaugh stated that the regular process will be to go to the council, submit an ANR, present it to the homeowner, submit it to land court, and get a new title. Mr. Clarke said he read the minutes of the meeting which he missed so that he can participate. It is hard to understand what is holding us back. With the owner and developer agreeing on the outcome we are talking about, letters of support from attorneys and an updated drawing should be enough. Mr. Ryan said he will act as fast as he can and will talk to the City Solicitor. I don’t see any problem with it and I will do what neighbors want.
Mr. Tiro said he doesn’t agree with Mr. Knowlton’s numbers, but will accept them. I have informed the buyer of this situation and put in contingencies if the vote isn’t in my favor. The timeframe is no longer as important. I have accomplished 6 out of 18 categories since the last meeting. Mr. Puleo asked which. Mr. Tiro read aloud the outstanding items. Mr. Puleo asked about ledge removal. Mr. Tiro said the ledge doesn’t need to be removed and the guardrail is in dispute. The road is slightly less than 20 feet at some points on the plan I inherited, so I can’t put the guardrail in air. Mr. Clarke said this doesn’t take away from what we have to decide. Mr. Puleo said we need to decide how much money to retain when he returns for his money. Mr. Tiro said he will have exhausted everything by that point. If the council accepts that land, I will do my part. Mr. Puleo said you will then have to pave the land. Mr. Tiro said yes, only with the owner’s permission. Mr. Clarke
asked if we can have Mr. Knowlton give us an estimate for this small piece of land. Mr. Kavanaugh said that could be a good solution with Mr. Knowlton’s approval. With enough money held for remaining work, I think it will be acceptable, provided the city will take it. I just want to know whether the council will go forward within a reasonable amount of time. Mr. Ryan said he will do this as soon as he can. Mr. Kavanaugh said it might be helpful to ask the solicitor whether it matters whether we go ahead without a land court decision. Mr. Ryan said he will ask what the fastest route is.
Richard Williams, 3 Thomas Circle, said he is concerned about the grade around the fire hydrants. They are on a ledge and the trench needs to be dug deeper. I think the estimates are too conservative. Mr. Puleo asked if Mr. Tiro needs to lower the hydrants and not just grade around them. Mr. Williams answered affirmatively and said that Mr. Tiro is only proposing to grade around them. They are higher than normal and the inspector said they should be lower. I could find more discrepancies if I look further at the estimates. Mr. Clarke remarked that the estimates are from the city.
Alexandria Pasquale, 197 Thomas Circle, said she was hoping for clarification regarding the drainage swale size and submitted photographs to the board. I am concerned about the safety of my young son. Mr. Tiro stated that it is built to spec and approved by Mr. Knowlton. The pictures were taken before completion. Ms. Pasquale said the brim is not there. Mr. Puleo said the city can keep his money if he doesn’t complete the work as approved by Mr. Knowlton. Ms. Pasquale said she wants to address her son’s safety, perhaps with some kind of barrier. Mr. Puleo said it is an approved plan. Ms. McKnight said the board may be able to sign off on that as an insignificant change.
Ms. McKnight distributed the draft decision to the board. Mr. Puleo asked if there should be a timeframe for the ANR plan. Mr. Kavanaugh answered yes. Mr. Puleo asked if Mr. Tiro’s engineer can prep an ANR plan by the second July meeting. Mr. Tiro said he would have to check with the engineer. Mr. Puleo suggested a deadline for the first September meeting as a condition. Mr. Kavanaugh said Mr. Tiro should contact the department if he doesn’t have enough time. Ms. McKnight said it would be best to have it at the department a week before. Ms. McKnight asked if the language should be altered to allow the possibility of a taking. Mr. Kavanaugh suggested language.
Mr. Puleo suggested that money needs to be referenced. Mr. Clarke proposed language allowing for the City Engineer to provide a separate cost estimate for phase 2. Mr. Clarke expressed concern that the cost estimate could be too small. Mr. Tiro said it should just be construction cost. Mr. Clarke said it should be enough money so that the applicant doesn’t walk away. Ms. McKnight said it would be hard to retain money not in line items, but we could put in language to keep a certain minimum amount of money. Mr. Tiro said he doesn’t want to put down $10,000 for this small piece of land, especially if land court takes 3 years. Mr. Kavanaugh asked if we can ask Mr. Knowlton how much he should put down. Ms. McKnight answered affirmatively. Mr. Kavanaugh proposed language to
include cost estimates as an appendix.
There being no further comments, a motion was made by Randy Clarke to approve the draft decision with revision, seconded by John Moustakis and approved 6-0 (Chuck Puleo, John Moustakis, Mark George, Randy Clarke, Tim Kavanaugh, and Tim Ready in favor, none opposed).
Old/New Business
None
Adjournment
There being no further comments, a motion was made by Randy Clarke to adjourn, seconded by Mark George and approved 6-0 (Chuck Puleo, John Moustakis, Mark George, Randy Clarke, Tim Kavanaugh, and Tim Ready in favor, none opposed).
Meeting adjourned at 10:52 p.m.
Respectfully Submitted
Tom Devine
Planning Board Clerk
Approved by the Planning Board 7/15/2010
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