COMMUNITY DEVELOPMENT BOARD

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1 1) Call to Order of Regular Meeting. CITY OF METHUEN COMMUNITY DEVELOPMENT BOARD Wednesday, April 8, 2015, 6:30 P.M. GREAT HALL SEARLES BUILDING 41 PLEASANT STREET METHUEN, MA MINUTES Chairman Joseph Leone called the meeting to order at 6:30 pm. 2) Roll Call. Joseph Leone, Chairman Charles Perrault, Vice Chairman Frederick Fairburn, Secretary Marc A. Angelone Edward Miller, member Theodore Rademacher, member Others in Attendance Kathleen Colwell, Assistant Director of Planning Nancy Hudson, Community Development Secretary 3) Acceptance of the Minutes. a) March 11, 2015 MOTION: Charles Perrault moved to accept the minutes of March 11, SECOND: Theodore Rademacher 4) CONT. PUBLIC HEARING: Maroun Definitive Subdivision - One lot subdivision extension of Ivy Street Deadline: 4/30/15 Kathleen Colwell stated that this item required a two part vote; one is to accept the applicant s request for an extension of time until June 30, 2015 and second to continue the public hearing to the next meeting which is May 13, Their variance request was denied at the Zoning Board of Appeals and they are regrouping and deciding what to do. In the mean time they are requesting that the Community Development Board keep the public hearing open until they make a decision. Chairman Joseph Leone explained that this was a petition for a two lot subdivision and to improve a paper street. While the public hearing was still open they made the decision to go before the Zoning Board for one lot with zero frontage and a private driveway. That didn t go well so they wanted to keep the public hearing open. MOTION: Frederick Fairburn moved to extend the time to June 30 th and to keep the public hearing open until May 13 th. SECOND: Edward Miller 1

2 5) Consent Agenda. For the record there was nothing on the consent agenda. 6) Zoning Issues. a) Zoning Technical Corrections Chairman Joseph Leone stated that he would skip this item and come back to it later in the meeting. 7) Form A Plans. For the record there were no Form A Plans. 8) New Business: a) 45 Chase Street vote to take bond Kathleen Colwell informed the Board that the bond for 45 Chase Street was expiring May 8 th which would require the Board to vote this evening to seize the bond, however this afternoon the applicant posted a $5,000 cash bond in its place. She suggested that the Board vote to release the Standby Letter of Credit and replace it with the cash bond. Joseph Leone explained that the bond was expiring and the bank had informed us that they would not be renewing it. The only course of action that the Board could take is to seize the bond until a new arrangement can be made. In this case it was replaced by a check. MOTION: Theodore Rademacher moved to release the Standby Letter of Credit and to accept the $5,000 cash bond. b) Branch Street endorse plans Kathleen Colwell noted that the sewer has not been added so that the plans cannot be endorsed at this time. c) 121 West Street endorse plans Kathleen Colwell noted that all of the conditions of the approval have been met and the plans are ready to be endorsed. Chairman Joseph Leone stated that the plans would be endorsed at the conclusion of the meeting. d) Any other new business For the record there was no other new business. 9) Old Business: a) Any other old business For the record there was no other old business. 2

3 10) Correspondence. For the record there was no additional correspondence. 6) Zoning Issues. a) Zoning Technical Corrections Kathleen Colwell stated that the most pressing item was medical marijuana, which this Board sent to the City Council in December and they haven t chosen to act on it yet. She suggests that the Board send correspondence to the City Council reminding them to set a Joint Public Hearing date, which she recommends to be on May 13, She would like to add a few technical corrections that are easy and should be quick to do. She also recommends that the Board establish a subcommittee to look at the more complicated items that the Board is considering changing. At the recommendation of Chairman Joseph Leone, Kathleen Colwell reviewed the proposed amendments* for the Board to determine which items should be included in the Joint Public Hearing and which items should be referred to a subcommittee for further discussion. Bed and Breakfast Establishments There is a definition but they are not allowed in any zone. She will speak with the Building Inspector to determine where they should be allowed. Animal Groomer The City Council has already requested that Animal Groomers be allowed in the Central Business District. This will be a change to the Table of Uses. Keeping of Livestock We can work with the Board of Health to clarify livestock and determine where to allow pigs. Chickens will require more discussion. Beauty Parlor/ Hair Salon This is separately listed but it is already included as a Personal Service Establishment Gym/ Health Club Because use is generally reviewed by the Zoning Board, they should be allowed by right or by special permit from the Zoning Board. A large gym would come before the Community Development Board for Site Plan Approval. Small Retail Allow small retail in the Central Business District by right or clarify that the Special Permit is for new construction only. Anything in excess of 5,000 s.f. would come before the Community Development Board for Site Plan Approval. Hours of Retail Food Sales The 24 hour drive through shows up in three different places. It has caused some conflict as to which Board can grant 24 hour drive through use. Historically it has been under the authority of the Zoning Board but needs to be clarified in order to keep it under one Board. Shopping Centers Language should be added to clarify that business can come and go without having to individually come before the Board for a special permit. Landscaping of Parking Lot This will require more discussion and will need clarification of buffer zones and buffer screens. Repetitive Petition The language should mirror the language in the state statute. 3

4 Special Permits Add language that if there is a minor change it can be dealt with at the office level or informally at the Board. Open Space Residential Development There are likely other changes that should be made so this should be set aside for another time. Historic Preservation Special Permit Allow a bonus lot in an Opens Space Residential Development for preservation of a historic house. Table of Dimensional Regulations Correct typo in the table to change Max Lot Coverage to Max Building Coverage and Open Space to Minimum Open Space. Secondly to increase maximum height, but not the number of stories in the BH zone to allow interesting architectural features. Chairman Joseph Leone would like all of these to be reviewed by the subcommittee and to put forth only the medical marijuana ordinance at this time. A Zoning Ordinance Subcommittee consisting of Board members Charles Perrault, Frederick Fairburn and Marc Angelone was chosen. Kathleen Colwell suggested adding the Animal Groomer to this public hearing because it had already been forwarded to this Board from the City Council in November. MOTION: Charles Perrault moved to add Animal Groomer to the allowed uses in the Central Business District. Charles Perrault asked what happens in June if the City Council does not take any action on the medical marijuana laws. Kathleen Colwell responded that we had put forward a prohibition of use for a year to give us a chance to come up with a medical marijuana ordinance. If someone were to file for something, we wouldn t have an ordinance in place so we would have to look at our Zoning Ordinance as it is now and try to fit it in the current ordinance; would it be an industrial use, a retail use etc? Other communities have chosen not to adopt an ordinance and to fit it into their current descriptions. There are basically three processes, the growing, the processing and the retail sales. The intent of our proposal is to allow the growing, processing and retail in the Industrial Zone and the sales in the Business Zones other than the Central Business District. 11) Adjournment. Chairman Joseph Leone introduced new Board member, Attorney Marc Angelone. There being no further business before the Board, Chairman Joseph Leone entertained a motion to adjourn the meeting. MOTION: Theodore Rademacher so moved. Joseph Leone adjourned the meeting at 7:02 pm. 4

5 Respectfully Submitted, Nancy P. Hudson Community Development Secretary * Indicates a copy of document attached to the minutes of record on file in the Office of the City Clerk, 41 Pleasant St., Methuen, MA ** Indicates document on file in the Community Development Office *** NEXT REGULAR MEETING May 13, 2015 *** Anyone needing an access accommodation to participate in City of Methuen programs or services, please contact Gene Walsh, ADA Coordinator at or GWalsh@ci.methuen.ma.us at least 2 weeks in advance, or 2 business days before any Board or Commission meeting. This notice is available in alternative formats upon request. 5

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