Community Development Board

Approved by the Community Development Board 04/13/2022 METHUEN CITY COUNCIL AND COMMUNITY DEVELOPMENT BOARD JOINT PUBLIC HEARING Wednesday, March 09, 2022, 6:00 P.M. Via Zoom Web Conference MINUTES City Council Chairman D.J. Beauregard called the meeting to order at 6:03pm. City Council Vice Chairperson, Eunice Zeigler called the roll of City Councilors. CITY COUNCIL MEMBERS IN ATTENDANCE D.J. Beauregard, Chairperson Present Eunice Zeigler, Vice Chair Present Nicholas DiZoglio Present Joel Faretra Present Jessica Finocchiaro Present James McCarty Present Steven Saba Present Allison Saffie Present Mike Simard Absent Community Development Confidential Secretary, Nancy Hudson called the roll of Community Development Board members. COMMUNITY DEVELOPMENT BOARD MEMBERS IN ATTENDANCE: Stephen DeFeo, Chairman Present Michael Comei, Secretary Present Gisette Beshara Present Brian Boes, member Present Ronald Hatem, member Absent Neal Hunter, member Present Heather Plunkett Present Others in Attendance Kathleen Colwell, Director of Planning Division Nancy Hudson, Community Development Confidential Secretary Council Chairman Beauregard entertained a motion to accept the agenda. MOTION: Councilor Saffie so moved. SECOND: Councilor Faretra 1 Filed in the Office of the City Clerk 04/20/2022  Approved by the Community Development Board 04/13/2022 DISCUSSION: None VOTE: UNANIMOUS CITY COUNCIL ROLL CALL D.J. Beauregard, Chairperson Yes Eunice Zeigler, Vice Chair Yes Nicholas DiZoglio Yes Joel Faretra Yes Jessica Finocchiaro Yes James McCarty Yes Steven Saba Yes Allison Saffie Yes Mike Simard Absent 1) Proposed amendment to the Methuen Comprehensive Zoning Map: a) To rezone an area of land located at 184 Pleasant Valley Street, Assessors Map 1010- 78E-1100A, from its present designation as a Limited Industrial (IL) district to a Business Highway (BH) district. Suzanne Brunelle, representative of the applicants, Kimberly and David Abere, noted that they have been business owners in Methuen for more than six years. They purchased this property in November 2020 and are looking to have the property rezoned from IL to BH. The property is not currently being utilized with any industrial uses, but instead, general office and medical office uses. The property is not designed for any industrial uses and there is no added room to build on site. They are looking to match the best and highest use of the property and the building type with the zoning in order to maximize the commercial use of the property. The change in zoning will give the owners more flexibility to attract new business. Attorney Brunelle shared a Power Point presentation with the Boards. • Personal Service Establishments are not permissible under the current IL Zoning District. The building owners would like the ability to lease to businesses such as medical massage therapy and physical therapy with is not allowed in the IL zone but are allowed in the BH district. • The IL zoning classification does not provide the necessary flexibility for businesses that can occupy the property. The IL district is overly restrictive for the design and layout of the building. Many allowable businesses in the IL zone are not able to operate in this building because it lacks outdoor space and infrastructure for many IL uses. By changing the zone from IL to BH, the number and types of businesses that could occupy the site would increase. • The property is an office building that is not of an industrial nature. The building and the current tenants are well suited for serving the business needs of private citizens. The parking lot is designed for non- commercial privately owned vehicles and cannot accommodate tractor trailers or large vehicles for shipping and receiving which is typical of industrial uses. A loading dock and heavy equipment cannot be provided on site. 2 Filed in the Office of the City Clerk 04/20/2022  Approved by the Community Development Board 04/13/2022 • The property is fully built out with no additional space for additional development. The footprint of the building and the parking lot comprise the entirety of the property’s footprint. • The property is zoned inconsistent with the nearby commercial properties. It is bounded by Route 495 to the west and north, the Merrimack River to the north and east and Route 113 to the south. This is the only property in this area in the IL zone, all other commercial properties in the area are zoned BH. • Rezoning the property would allow for matching the uses of the building to the zoning. The BH zone would allow uses that the building is well suited for, including general office, medical office, and personal service establishments. All three of these uses are allowed in the BH zone and would provide flexibility to accommodate future businesses that are complimentary to the surrounding properties. Council Chairman D.J. Beauregard opened the public hearing. For the record, nobody spoke in favor or in opposition. Councilor Saba declared that he had a possible conflict of interest and exited the meeting. Brian Boes noted that the building had personal services businesses there for a very long time. He also noted that it does not border Route 113. Attorney Brunelle responded that she understands that a hair salon was there at one time and noted that a beauty salon is allowed in both the IL and the BH zone. The applicant, Mr. Abere agreed with Mr. Boes, that the building does not border Route 113, and noted that it is located on the other side of DeLuca Fence. Mr. Hunter commented that the presentation was misleading in that it was stated that the property was surrounded by BH businesses. In fact, it is the Route 113 stretch shown on the presentation map that is all BH zoned. On the other side of Route 495 it is zoned IL. He noted that this parcel abuts residential properties and the BH uses are more consistent with having residential properties nearby. Attorney Brunelle clarified that she was referring to what the commercial uses were in the area, and it was an error on her part to note that it is Route 113. She agrees that the uses currently, and with the proposed zone changes, are much better uses buffering up against residential properties, rather than industrial uses. Community Development Board Chair, Stephen DeFeo clarified that before Route 495 was constructed, this property was adjoined with the other IL properties. With the introduction of Route 495, that section of land got chopped off and it never got rezoned. Mr. Hunter clarified that the businesses in BH zone are on Route 110 and this property is on Route 113, being Pleasant Valley Street, but it is more associated with the residential zone. Councilor Finocchiaro asked if there were any drawbacks to this request. There were not any negative impacts that she was aware of. 3 Filed in the Office of the City Clerk 04/20/2022  Approved by the Community Development Board 04/13/2022 Community Development Board Chairman, Stephen DeFeo explained that the Community Development Board would look at the Table of Use Chart in the Comprehensive Zoning Ordinance to compare the allowed uses in the current and the requested change. The Board would then look to see if the change would have any negative effect on the adjacent zones. In this case we are looking at residential zones. We are also looking at an existing building. In his opinion the BH uses are more suited for a residential neighborhood, than if it remained in the IL zone. If it remained in the IL district, any use that was allowed in the IL district could be done as of right or through a Special Permit process. Some of those uses are not allowed in the BH district. Councilor Finocchiaro agrees that eliminating industrial uses next to residences is preferred. Assistant City Solicitor, Peter McQuillan explained the process. Once the public hearing is closed there is a 21 day period in which the Community Development Board has an opportunity to provide the City Council with a recommendation on the adoption or rejection of the amendment to the Zoning Map. If a recommendation is not provided within 21 days, the Council has the authority to proceed with the consideration of the amendment, having a 90 day window from today for the purpose of taking final action on the proposed amendment. Community Development Board Chairman Stephen DeFeo entertained a motion to adjourn the public hearing. MOTION: Brian Boes so moved. SECOND: Michael Comei DISCUSSION: None VOTE: UNANIMOUS Roll Call Stephen DeFeo Yes Michael Comei Yes Gisette Beshara Yes Brian Boes Yes Ronald Hatem Absent Neal Hunter Yes Heather Plunkett Yes Chairman Stephen DeFeo adjourned the Community Development portion of the meeting at 6:29 pm. Council Chairman D.J. Beauregard entertained a motion from the City Council to adjourn. MOTION: Councilor Saffie made a motion to adjourn. SECOND: Councilor DiZoglio 4 Filed in the Office of the City Clerk 04/20/2022  Approved by the Community Development Board 04/13/2022 VOTE: UNANIMOUS Roll Call D.J. Beauregard, Chairperson Yes Eunice Zeigler, Vice Chair Yes Nicholas DiZoglio Yes Joel Faretra Yes Jessica Finocchiaro Yes James McCarty Yes Steven Saba Abstain Allison Saffie Yes Mike Simard Absent Council Chairman D.J. Beauregard adjourned the meeting at 6:29 pm. Respectfully Submitted, Nancy P. Hudson Community Development Confidential Secretary Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §18, and the Governor’s March 15, 2020 Order imposing strict limitation on the number of people that may gather in one place, this meeting of the City of Methuen Community Development Board will be conducted via remote participation to the greatest extent possible. For this meeting, members of the public who wish to watch the meeting may do so on their televisions by turning to Comcast Xfinity Channel 8 or Verizon FiOS Channel 32 or view on a computer or cell phone via LIVE Stream on https://www.methuentv.org/methuen-government-tv-live-stream/ No in-person attendance of members of the public will be permitted, but every effort will be made to ensure that the public can adequately access the proceedings in real time, via technological means. In the event that we are unable to do so, despite best efforts, we will post on the City of Methuen’s website an audio or video recording, transcript, or other comprehensive record of proceedings as soon as possible after the meeting. If the public would like to participate in the public hearing please email your questions/comments by noon on October 14, 2020 to jmccarty@ci.methuen.ma.us or kbcolwell@ci.methuen.ma.us. The questions/comments will be read during the proceedings and responded to accordingly. Members of the public who wish to speak during the public hearing can register here: https://www.methuentv.org/govmeet/ 5 Filed in the Office of the City Clerk 04/20/2022