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Approved Minutes 12-6-2012
SALEM PLANNING BOARD MEETING MINUTES 12/6/12

A regular meeting of the Salem Planning Board was held on Thursday, December 6, 2012 at 7:00 p.m. in Room 313, Third Floor, at 120 Washington Street, Salem, Massachusetts.

Those present were: Chuck Puleo, Chair, John Moustakis, Vice Chair, Tim Ready, Lewis Beilman, Mark George, Randy Clarke and Helen Sides. Also present: Lynn Duncan, Director of Planning and Community Development, Danielle McKnight, Staff Planner, and Beth Gerard, Planning Board Recording Clerk.  Absent: George McCabe.

Chuck Puleo opened the meeting at 7:04 pm.      

Approval of Minutes

November 15, 2012 draft minutes
No comments or corrections were made by the Planning Board members. Tim Ready motioned to accept the minutes, seconded by Randy Clarke. All approved 7-0.

Discussion and vote: Recommendation to City Council regarding a proposed amendment to include Medical Marijuana Dispensaries in the definition of Medical Clinics in the Salem Zoning Ordinance.

Documents & Exhibitions:
  • Draft ordinance to amend the Zoning Ordinance definition of medical clinics
Lynn Duncan, Director of Planning and Community Development, gave a review of the meeting with the City Council and the recommendation process.  She stated that the City Council is not taking this issue up this evening, which is its only meeting in December.  Chuck Puleo asked Ms. Duncan to provide more information about the ordinance that was put in place last year.  She stated that when the Planning Board made recommendations to the Council regarding medical clinics last year, and when Council passed it, the ordinance specified medical clinics would be allowed by ZBA special permit only in business zones, not residential zones.  The way the ordinance stands now, dispensaries are already included in that definition of medical clinics.

Helen Sides asked why pharmacies are not dispensers.  Mr. Puleo stated that the law requires that they are dispensed by a non-profit.  

Mark George stated that he feels that it is premature to put a recommendation forth when the regulations haven’t been written by MADPH.  He is of the opinion that they should hold off.  Randy Clarke agreed.  Ms. Duncan stated that the City Council has to act within 90 days, and MADPH probably won’t have regulations in 90 days.

Mr. Ready said he is in favor of Mr. George’s suggestion to wait on this.  He feels that there is no rush for them to act now as they gain nothing.  They truly do not have enough data to make an informed decision and he recommends waiting until the state comes out with the regulations.  

Mr. Clarke agrees and he doesn’t understand why they are being asked to make a decision on something that hasn’t been developed yet and feels that this is a waste of a process.  

Mr. George asked if they could make a recommendation to City Council that they forestall the recommendation until there is more information.  Ms. Duncan said that they could make a recommendation that they do not act until the state promulgates regulations.  Mr. Puleo asked Ms. Duncan if she feels good about the zoning, as it is worded, to which she said yes.  

Randy Clarke made a motion to recommend that the City Council hold off on this amendment until official regulations are created and distributed by MADPH, seconded by John Moustakis. All approved 7-0.  The decision is hereby incorporated as part of these minutes.

Old/New Business

New Business: Recommendation to MA Department of Environmental Protection regarding issuance of a Chapter 91 License for MBTA garage  

Documents & Exhibitions:
  • Chapter 91 License Application, Salem Intermodal Station, prepared by Epsilon Associates, dated 9/27/12
Randy Clarke recused himself and left the room.

Ms. Duncan walked the board through the recommendation and summarized the review, noting that the development of the station is going to enhance the area.  They are in a unique situation with tourists and commuters.  Mr. Puleo noted that this is long overdue.

Helen Sides motioned to recommend approval of the Chapter 91 license, seconded by Tim Ready.  All approved 6-0.  The decision is hereby incorporated as part of these minutes.

Mr. Moustakis asked if there was a discussion of putting a walkway under the road, to which Ms. Duncan said yes, but it was decided against because of the cost and safety concerns.  Mr. Moustakis said that he was thinking about the lighted intersection and how it impacts traffic.  Mr. George asked what’s the sense on the city’s part to how long DEP will respond to which Ms. Duncan said that she does not have time frame in front of her, but the MBTA is moving forward. She said the archaeological dig is underway.  They are moving along and should be done with that before the end of the month.  She concluded by noting that this project coincides with the paving of the Universal Steel site for parking.  

Randy Clarke returned to the room.

Mr. Puleo asked what happens after the archaeological dig.  Ms. Duncan stated that they are doing extensive documentation with photographs and further described the process.


Public hearing: Application of PASQUANNA DEVELOPERS, INC. for a Definitive Subdivision Plan for five (5) single-family house lots on the property located at 18 THORNDIKE ST., Salem, MA (Assessors Map 37, Lot 38).  Construction of a new roadway is proposed to serve two of the newly created lots on Thorndike St.  Access to one lot is from Thorndike St., and access to two lots is from Hubon St. APPLICANT REQUESTED TO CONTINUE TO DECEMBER 20, 2012.

Danielle McKnight, Staff Planner, stated that the applicant is still waiting feedback from engineering and fire.

John Moustakis made a motion to accept the applicant’s request to continue to December 20, 2012, seconded by Randy Clarke. All approved 7-0.

Adjournment
Tim Ready made a motion to adjourn the meeting, seconded by Randy Clarke.  All approved 7-0.  Chuck Puleo adjourned the meeting at 7:33pm.

For actions where the decisions have not been fully written into these minutes, copies of the decisions have been posted separately by address or project at http://salem.com/Pages/SalemMA_PlanMin/.



Respectfully submitted,
Beth Gerard, Recording Clerk

Approved by the Planning Board 12/20/12