UPDATED: Westside Restaurant zoning controversy

** UPDATED IN NEW POST **

I don't really have an opinion either way about beer and wine at the Westside. I've never eaten there and I don't know anything about the restaurant's relationship with the neighborhood.

But I wonder where Councilor Athas got his law degree?? He fails to account for the entire section 1.5 Nonconformance of the Peabody Zoning Ordinance.

The Salem News: Westside seeks alcohol license
The Salem News Our View: Councilor didn;t want to hear it
The Salem News Letters to the Editor: Alcohol has no place in residential neighborhoods

Note: This post is written by Peabody Roundtable member Needham's Corner and may differ from the views of the Peabody Insider

A little background: when the Mass. Legislature adopted the Zoning Enabling Act (the "modern" act mostly dates from 1975, but there was a provision for nonconformance in the 1920 Act as well), they wanted a way to make sure that then-existing uses and structures would not be made illegal by subsequent local zoning ordinances and thus be considered a "taking" under the state and federal constitutions.

Our Peabody ordinance has a similar provision. It reads in part as follows:

"Any existing nonconforming use of a structure…may be changed or extended…provided that the special permit granting authority [that's the City Council, folks] determines, after a public hearing, by the grant of a special permit that such change, extension or alteration:
has adequate provision for offstreet parking; [and]
is similar in character, intensity of use, effect on adjacent property [and] effect on public hearing, morals, or safety as to be not substantially more detrimental to the neighborhood, than the existing nonconforming use…

Conditions may be placed on the special permit.

Westside is an existing nonconforming use, because it is in a residential district, and restaurants aren't allowed in that residential district.

But hold the phone: what this section of the ordinance means to this non-attorney observer is that the City Council COULD allow the restaurant use to be "changed or extended" to allow beer and wine IF (and only if) the Council found, after a public hearing, that there was enough parking, and that the restaurant with beer/wine was similar enough to a restaurant WITHOUT beer and wine so as not to be "substantially more detrimental to the neighborhood" (get out your dictionaries, folks).

Court opinions rely on dictionary definitions all the time. I'm no legal scholar but I've read a number that do. I guess Councilor Sinewitz hasn't read those. But maybe before he blasts City Solicitor Christopher (who IS an attorney) perhaps he and Councilor Athas would like to read the WHOLE zoning ordinance, not just randomly opine that because the restaurant is in a residential district they can't have beer and wine. Whine, indeed.

My bottom line: Westside is entitled to have a hearing. The Council should consider how detrimental beer and wine are to the neighborhood, and decide accordingly.

Mood: disappointed

Did anyone catch the Boston Globe article in Thursday's paper (buried on p B9) about the recently-released list of "bio-ready" communities?

The Boston Globe: 'Bio-ready' communities in state named

These are places that have "positioned themselves as destinations for [biotech] labs or manufacturing plants." The top-rated places have appropriate zoning and a permitting process and available sites or buildings. In addition to places like Cambridge, Waltham and Boston, the top-rated places include (on the North Shore) Beverly, Haverhill, and North Andover. Second-tier places in the region (again, on the North Shore only) include Lynn, Newburyport, Reading, Everett, Lawrence, and Salem. Forty-four of the 351 communities in MA are on the list.

What are we, chopped liver? We have an industrial park with lots of space, a highway strip (Route One) crying out for something better than chain restaurants and cut-rate hotels, good infrastructure, a host of medical-related facilities, and a highway-oriented location that is one of the best in the state. Did Peabody even apply to the Mass. Biotech Council for consideration?? Readers, enlighten us here at the Roundtable!

No "Adult" zone on the Middleton Peabody border

Middleton voted tonight to NOT have their adult entertainment zone be at the end of Russell Street next to the Peabody City line.

Salem News: Locals opposed to Middleton adult district
Salem News: Hearing on adult district rescheduled
Salem News: PDF of the proposed areas and amendment

I hope to add just a little bit to this discussion here.

First two images showing the locations (proposed on the Peabody line, and as adopted off Rt. 114)
(PLEASE NOTE: THE AREA SHOWN AS ADOPTED IS MUCH SMALLER THAN DRAWN HERE - I WAS SHOWING THE WHOLE ROAD AND IT IS ONLY THE AREA NEAR RT. 114)

~~click on images for larger view~~

Now I got upset when I first heard about this proposal in Middleton just like many other Peabody folks. But, as I later learned, it is important to note that this was not intended to actually prepare one of these location for adult zoned businesses... in fact NO SUCH BUSINESSES ARE CURRENTLY PLANNED.

The intent of this action by the Town of Middleton was to PREVENT any adult businesses from being able to locate in their community anywhere they wanted to do so! Since Middleton DID NOT HAVE an adult zoned area, that would permit these businesses to open ANYWHERE in the town they desired.

The only way to prevent this from happening was for them to designate some area of the town as Adult Zoned so that they could limit all such development to those areas.

The town NEVER planned to have adult businesses open in these areas... in fact, these areas were chosen BECAUSE they would most likely NEVER BE DEVELOPED for such businesses.

Now, I applaud Middleton for thinking ahead and attempting to make their town better for their citizens... they really should have thought through the backlash that was sure to follow when they tried to foist their 'adult' areas onto the backs of folks in Peabody.

I am glad they finally saw the light and voted responsibly tonight.

Thanks to the Peabody Patriot for first alerting us all to the outcome of the meeting tonight

Time to REZONE the Entire City!

Since the City Council has been reluctant to do their jobs and serve the City residents, it seems some land owners (both residents and big time developers) have decided to take matters into their own hands and ACT to get what THEY desire (in terms of land use - zoning) in the City of Peabody.

These actions are SELDOM, IF EVER, in the best interest of the City... they, instead, are targeting individual concerns or needs over the needs of the entire City. And, of course, all too often our less than courageous Councils and Boards are happy to give them whatever they want.

IT IS TIME TO STOP THIS MADNESS AND REZONE THE ENTIRE CITY OF PEABODY TO A MODERN STANDARD - INCLUDING DOWNTOWN

The City Council is REMISS in their duties on this most important of issues. This should now become the NUMBER ONE PRIORITY of every single member of the City Council. To NOT ADDRESS THIS ISSUE is COWARDLY at best and FRAUDULENT at worst!

Read more at The Salem News: Peabody takes piece-by-piece approach to development

If this City Council is not up to the task that their positions require... they should ALL be voted out of office.

The State of the City - January 2009

Lynn Item: Bonfanti gives mid-term address
Salem News: Difficult cash decisions will be in cards for Peabody

I was unable to attend Mayor Bonfanti's mid-term address and the seating of the new City Council last evening. And the text of the speech is NOT (yet?) available on the Mayor's page at the City website. So these comments are based on the newspaper reports and other comments made at those sites and on the Peabody Patriot blog.

First, I think that the overall tone of the message - one of difficult times ahead - is nothing but accurate and a clear thinking assessment of what is to come. I disagree with those people who say he should be emphasizing the positive and downplaying the difficult realities we will all be facing. While "perception equals reality" can be true at times, in these circumstances I would prefer straight talk and not hearts & flowers.

I do not look forward to this coming year (and to be more honest... let's say YEARS because this recession is looking like nothing we have seen in most of our lifetimes). The best estimates for the length of the world-wide financial crisis I have read point to a 18 month (minimum) to 42 month (maximum) time frame... so I am betting on 2-1/2 years of difficult choices and unhappy citizens.

While I would not like to see the schools take the brunt of these cuts (especially not FIRST) I see the reality of the lower enrollments finally coming to a head. We simply have fewer children to educate at this moment, and while I STRONGLY SUPPORT a comprehensive analysis of future demographic trends for Peabody, I believe we are going to see fewer students for the foreseeable future.

Thus the closing of one (or more) schools is both a political reality and a good move for the vast majority of Peabody folks. Of course this will be very hard on some families who might have chosen their home based on proximity to a certain school... and I actually am a huge supporter of neighborhood schools, the times dictate a more cost effective distribution of our limited educational funds. Fewer schools will yield more educational value per pupil and per education dollar.

I strongly agree with the Mayor on the issue of Downtown improvements and the need to repopulate Downtown with businesses... but I believe the most intelligent method for achieving this goal is through the REZONING of Downtown (and the rest of the City) to promote a mixed-use of public, residential and commercial/business in the greater Downtown area.

What are your thoughts?

Council gives $500,000 to Habitat for Humanity

The Peabody News article: Grant for Park Street rehab project OK'd after council grilling. (Ignore the headline, someone goofed)

I want to start off by saying I have nothing but respect for the Habitat for Humanity organization and the people who support them. They offer a much needed service and an interesting way for people to become involved in their community.

However, I am unhappy that the City Council has decided to scrap the rotating loan program (outlined by Community Development) in favor of a one time gift of $500,000 to Habitat for Humanity. This is not the best use of these moneys and it will only garner 8 new affordable residences. They will also be destroying one of the existing (historic?) buildings in favor of saving two others (5 & 12 Park St will remain, 14 Park St will be demolished and replaced with a new 4 unit condo building).

Now, this is a blighted neighborhood that certainly does need a shot in the arm. But I really was impressed with Jean Delios and her plan for a revolving loan program to assist developers in the renovation of existing properties in especially blighted areas. I feel that just a few months was certainly not a fair trial for such a new program. The City Council should have given it much more time to work.

And I also believe that Habitat for Humanity simply looked around for the deepest pockets it could easily find in this circumstance. A well targeted campaign to raise the funds for this project might well have netted $500k or more even in these difficult financial times. There are a great many people who have a vital and vested interest in seeing downtown not just survive, but thrive – these are the folks who could have stepped up if given the opportunity.

Now I will make 80% of you really angry when I add this next bit… Here is yet another reason we need a new zoning plan for the City of Peabody. To be spending half a million dollars of Peabody money (yes, it is targeted for affordable housing but it is still money) on a project that is NOT part of a comprehensive new plan for the Downtown is reprehensible. It is a waste of taxpayer opportunity if not money.

I am all for new affordable housing in this City. We will need it soon enough if we hope to thwart new 40B projects being railroaded into the City. But to spend precious money on an non-integrated solution for our ailing Downtown is sad and regrettable.

City Council Votes For Zoning Changes

* - - - UPDATED - - - *

In an editorial is the Salem News they seem to agree with me regarding the dangers inherent in the special permit process. You can read the Salem News editorial here.

It seems that Zoning Reform in this City is alive and well... as long as it is done by the City Council's rules.

Read the Peabody Weekly News story here.

After months and months of stalling on the City's plans for rezoning much of the Downtown area, the City Council accepted a proposal by Councilor Athas to amend the zoning uses in the current BC (business central) zone. The City Council approved the measure with very little discussion.

The new plan now restricts multifamily residential and rooming house uses in the BC zone to be BY SPECIAL PERMIT ONLY. This allows the City Council to have final say to approve or deny applicants based on nothing more than who-you-know or simply the whim of the day.

Mark my words... As the City Council is certainly NOT a very legally savvy group... and they are prone to follow the whining of a few vocal people present in a particular meeting (instead of considering the 'good' for the City as a whole)... We are going to be hit with lawsuit after lawsuit IF the properties in Downtown ever become interesting to developers again. The City Council should really leave the important details of economic development, city planning and developer negotiations to trained experienced people.

So now we will have even less opportunity to make Downtown into someplace that people will want to visit, work in or even live in.

Here is a great quote from the article...

“We have a population already that’s adequate to revitalize the downtown,” [Councilor Arthur Athas] said, adding that the area just needs to be made friendlier to pedestrians.

See folks... Peabody's Downtown is PERFECT! All we need to do is make it more pedestrian friendly and we will be all set!

This is the kind of mind at work planning the future of our City.

I find this frightening and sad.

Yet Another Reason for REZONING

The City Council refuses to take up the issues of rezoning. So we get LOTS of people coming before them asking for (essentially) SPOT ZONING changes for their property.

I believe the Planning Board seems to think we need some Zoning Reform... as they quickly amended the IL district to include the uses requested (which would have been allowed under some of the existing rezoning plans).

The story from the Salem News is here.
Another view of this story from the Lynn Item is here.

Then the City Council voted to NOT allow such a change. However, they will allow these uses under the Special Permit procedure (which of course gives them full authority for granting these uses - with little oversight or prescribed conditions.)

The special permitting process is a throwback to a different time, one where WHO YOU KNOW is more important than the merits of the situation.

Zoning Reform is the way to go. A completely rezoned City would allow for better control over what goes where as well as giving the City a new blueprint for future changes and revitalization.

CITY COUNCIL:
Stop stonewalling the issue of ZONING REFORM and start to work for all the Citizens of this City... especially the ones who will be living here in the next 50 years.