A Regular Meeting of the City Council was held in the Council Chamber on Thursday, May 13, 2004 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on May 7, 2004 at 10:13 A.M.
Council President O’Leary and Councillor Sargent were recorded as absent.
Council President Kevin R. Harvey presided.
Councillor O’Keefe moved to dispense with the reading of the record of the previous meeting. It was so voted.
President Harvey requested that everyone please rise to recite the Pledge of Allegiance.
Councillor Harvey requested a moment of silence in memory of City Clerk Deborah Burkinshaw who recently passed away.
A presentation of Accommodations by Police Chief Robert St. Pierre and Fire Chief David Cody to Lieutenant Griffin, Lieutenant Marfongelli, Firefighter O’Donnell and Officer Anderson.
Councillor Harvey presented the above named with a Resolution.
Councillor Lovely presented Representative J. Michael Ruane with an Accommodation for his many years of service and dedication.
Councillor Harvey requested a two-minute recess. It was so voted.
#294 - APPT. OF MARYANN CURTIN TO PARK & RECREATION COMMISSION
The Mayor’s appointment of Maryann Curtin as a member of the Park and Recreation Commission for a term to expire the first Monday in May 2009, was confirmed under suspension of the rules by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Bencal, Corchado, Furey, Harvey, Lovely, O’Keefe, Pelletier, Sosnowski and Veno were recorded as voting in the affirmative. Councillors Sargent and O’Leary were recorded as absent.
Councillor Sosnowski requested and received unanimous consent to suspend the rules to allow Ms. Curtin to speak.
#295 – REAPPT. TO SERVE ON THE SCHOLARSHIP & EDUCATION COMMITTEE
The Mayor’s reappointment of the following individuals to serve as members of the City of Salem Scholarship and Education Committee with terms to expire August 31, 2005, was confirmed under suspension of the rules by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Bencal, Corchado, Furey, Harvey, Lovely, O’Keefe, Pelletier, Sosnowski and Veno were recorded as voting in the affirmative. Councillors Sargent and O’Leary were recorded as absent.
.
Shirley M. Cervoni 28A Buffum Street, Salem
Joseph S. Salerno 5 Quadrant Road, Salem
Brendan R. Walsh 5 West Terrace, Salem
#296 – REAPPT. OF FRANK KULIK AS DIRECTOR OF ASSESSING
The Mayor’s reappointment of Frank Kulik to serve as the Director of Assessing for a term to expire the first Monday in May 2005, was confirmed under suspension of the rules by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Bencal, Corchado, Furey, Harvey, Lovely, O’Keefe, Pelletier, Sosnowski and Veno were recorded as voting in the affirmative. Councillors Sargent and O’Leary were recorded as absent.
Councillor Harvey requested and received unanimous consent to suspend the rules to allow Mr. Kulik to speak.
#297 – REAPPT. OF DAVID J. WENTZELL TO PARK & RECREATION COMMISSION
The Mayor’s reappointment of David J. Wentzell to serve as a member of the Park and Recreation Commission for a term to expire the first Monday in May 2008, was confirmed under suspension of the rules by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Bencal, Corchado, Furey, Harvey, Lovely, O’Keefe, Pelletier, Sosnowski and Veno were recorded as voting in the affirmative. Councillors Sargent and O’Leary were recorded as absent.
#298 – APPR. TO PUBLIC SERVICES – WATER SYSTEM IMPROVEMENTS
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of One Hundred Seventy-Five Thousand Dollars ($175,000.00) is hereby appropriated from the “Retained Earnings – Water” account to the “Public Services – Water System Improvements” account in accordance with the recommendation of His Honor the Mayor.
#299 – APPR. TO PUBLIC SERVICES ACCOUNTS
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Ninety-Two Thousand Dollars ($92,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to the following “Public Services” account in accordance with the recommendation of His Honor the Mayor.
“Salaries (Overtime)” 14231-5131 $4,642.07
“Vehicle Repair & maintenance” 14331-5244 $45,620.10
“Salt” 14231-5534 $41,737.83
Total $92,000.00
#300 – APPR. TO BE EXPENDED FOR THE LEASE/PURCHASE OF A 6X4 10-WHEELED UNIT FOR THE DPW
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Thirty-Nine Thousand Three Hundred Ninety-One Dollars ($39,391.00) is hereby appropriated from the “Capital Outlay - Equipment” account to be expended for the lease/purchase of an International 2004 Model 7300 6 x 4 10-wheeled unit for the Public Services Department in accordance with the recommendation of His Honor the Mayor.
#301 – APPR. TO CITY CLERK – RETIREMENT ANTICIPATION
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Thirty-Three Thousand Eight Hundred Fifty-Nine Dollars and Fifty-Four cents ($33,859.54) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to the “City Clerk – Retirement Anticipation” account in accordance with the recommendation of His Honor the Mayor.
#302 – APPR. TO FIRE DEPT. – DENTAL / MEDICAL
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Thirty Thousand Dollars ($30,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to the “Fire Department – Dental/Medical” account in accordance with the recommendation of His Honor the Mayor.
#303 – APPR. TO CEMETERY – SALARIES
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Eighteen Thousand Dollars ($18,000.00) is hereby appropriated from the “Receipts Reserved – Cemetery – Perpetual Care” account to “Cemetery – Salaries” account in accordance with the recommendation of His Honor the Mayor.
#304 – APPR. TO CEMTERY – BURIAL
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Ten Thousand Dollars ($10,000.00) is hereby appropriated from the “Receipts Reserved – Cemetery – Sale of Lots” account to “Cemetery – Burial” account in accordance with the recommendation of His Honor the Mayor.
#305 – APPR. TO VETERANS SERVICES – VETERANS BENEFITS
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Ten Thousand Dollars ($10,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to “Veterans Services – Veterans Benefits” account in accordance with the recommendation of His Honor the Mayor.
#306 – TRANSFER TO ASSESSORS - SALARIES
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Seven Thousand Dollars ($7,000.00) is hereby transferred from the “Assessors – Appraisal Services” account to the “Assessors - Salaries” account in accordance with the recommendation of His Honor the Mayor.
#307 – APPR. TO CEMETERY – BURIAL
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Four Thousand Seventy-Five Dollars ($4,075.00) is hereby appropriated from the “Receipts Reserved – Cemetery – Sale of Vaults” account to “Cemetery – Burial” account in accordance with the recommendation of His Honor the Mayor.
#308 – APPR. TO CEMETERY – SALARIES
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Three Thousand Eight Hundred Thirty-Four Dollars and Eighty-eight cents ($3,834.88) is hereby appropriated from the “Receipts Reserved – Cemetery – Sale of Vaults” account to “Cemetery – Salaries” account in accordance with the recommendation of His Honor the Mayor.
#309 – (#89) - NEW PROPOSED ZONING ORDINANCE AMENDMENT FOR NORTH RIVER CANAL CORRIDOR NEIGHBORHOOD (NRCC)
The following Ordinance and map, recommended by the Mayor, was adopted by a roll call vote of 9 yeas, 0 nays, 2 absent and referred to the Planning Board to Schedule a Joint Public Hearing with the City Council for June 23, 2004. Councillors Bencal, Corchado, Furey, Harvey, Lovely, O’Keefe, Pelletier, Sosnowski and Veno were recorded as voting in the affirmative. Councillors Sargent and O’Leary were recorded as absent.
Councillor Bencal moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
North River Neighborhood Mixed Use District
April 7, 2004
Article VII, Section 7-20:
ESTABLISHMENT OF A NEW NORTH RIVER NEIGHBORHOOD MIXED USE DISTRICT
Table of Contents
|
Page Number |
Section 7-20(a): Purpose of the North River Neighborhood Mixed Use District |
3 |
Section 7-20(b): Consistency With the Plan |
3 |
Section 7-20 (c): Boundaries |
3 |
Section 7-20(d): Permitted Uses |
4 |
Section 7-20(e): Prohibited Uses |
5 |
Section 7-20(f): Site Plan Review |
5 |
Section 7-20(g): Density Regulations |
5 |
Section 7-20(h): Parking Requirements |
6 |
|
|
|
|
|
|
|
|
|
|
|
|
Section 7-20(a): Purpose of the North River Neighborhood Mixed Use District
The North River Canal Neighborhood Mixed Use (NR) District is intended to fulfill the goals and objectives contained within the Neighborhood Master Plan for the North River Canal Corridor. The Master Plan has been enacted to encourage the best use for the North River Canal Corridor physically, economically, environmentally, and socially while promoting the best interests of the residents of the City. The goals of the plan, as stated in the North River Canal Corridor Vision Statement (February 2003), are as follows:
1. Create appropriate development while preserving our historic neighborhood character
2. Address transportation issues for existing and new developments
3. Enhance the public realm in keeping with our unique neighborhood character
In order to achieve these goals, all development shall comply with the following:
1. All development shall be in compliance with the Neighborhood Master Plan for the North River Canal Corridor, October, 2003
2. All development shall be designed to complement and harmonize with adjacent land uses (existing and proposed) with respect to architecture, landscaping and screening. Building materials of masonry brickwork, stone, and wood are encouraged. Pre-cast concrete panels are discouraged.
3. Ground floor spaces should have lively, pedestrian friendly uses.
4. Buildings should be located in a way to create a presence on street edges.
5. Streets and roadways must include sidewalks and landscaping to provide an attractive connection for pedestrian use, and to complement adjacent parkland.
6. Uses are designed to generate pedestrian traffic
Section 7-20(b): Consistency With the Plan
The NRCC Plan, when read in concert with this Section, establishes a comprehensive plan for development in the North River Canal Corridor. Development must be consistent with both this plan and the NR Neighborhood Mixed Use District:
Section 7-20 (c): Boundaries
The boundaries of the NR Neighborhood Mixed Use District are shown on the attached map.
Section 7-20(d) Permitted Uses
The following are the permitted uses in the NR Neighborhood Mixed Use District:
Artist Space
1. Artist lofts and living space, studios, workrooms and shops of artists, artisans and craftsmen, where products of the artistic endeavor or craft activity can be for sale on the premises or by specific off-premises commission from a sponsor or client.
2. Music and dancing studio
3. Trade and business school
Office
1. Business and professional offices
2. Medical and dental offices
3. Laboratories engaged in research, experimental and testing activities which may include the development of mockups and prototypes but not the manufacture of finished products.
4. Biotechnology, but not other manufacturing uses
Residential
1. Single family detached dwellings
2. Two-family attached dwellings
3. Multifamily residential uses as primary uses in townhouse, row house, flats or multistory arrangements, and as secondary uses in upper floors of structures primarily used for retail, personal service or office purposes.
Other
1. Churches and similar places of worship, public and private nursery, elementary and secondary schools, institutions of higher education
2. Philanthropic and charitable institutions
Retail
1. Retail uses are allowed only on the ground level as part of mixed use structure containing office or residential on the upper floors
2. Each retail use shall not exceed 2,000 square feet in size
3. Retail uses are specifically limited to the following:
* Books, stationery and gift stores
* Florist shops, but excluding greenhouses
* Crafts related stores selling jewelry, crafts, etc. where production occurs on the premises
* Specialty food stores, but not those intended for consumption on the premises, including a candy store, meat market, delicatessen or bakery
* Barber shops and beauty parlors
* Tailor and custom dressmaking shops
* Banks and savings and loan institutions
Section 7-20(e): Prohibited Uses
The following uses are strictly prohibited in the NR Neighborhood Mixed Use District:
1. General storage, warehousing and wholesale distribution facilities
2. Drugstores
3. Supermarkets
4. Automobile service stations
5. Hotels
6. Drive-thru facilities
Section 7-20(f): Site Plan Review
Applicability
Any project of any square footage proposed in this area, excluding two family and single family houses, shall be subject to site plan review.
Review Criteria
In addition to the requirements as set forth in Article VII, Section 7-18 of this Ordinance, the Planning Board shall review and amend all such submitted plans in accordance with the following criteria:
1. That the project is consistent with the North River Canal Corridor Master Plan, October, 2003 and a determination shall be made as to whether or not the development plan is in compliance with said Master Plan and if not in compliance, the basis of the determination that the plan is not in compliance.
2. Action shall not be taken on any plan until it has received a recommendation from the Design Review Board of the Salem Redevelopment Authority concerning the design of the project.
3. The project is designed to complement and harmonize with adjacent land uses (existing and proposed) with respect to architecture, landscaping and screening. Building materials of masonry brickwork, stone and wood are encouraged. Pre-cast concrete panels are discouraged.
4. Buildings are located in a way to create a presence on street edges.
5. Parking lots avoid large expanses that are unbroken by buildings or substantial landscaped areas.
6. Ground floor spaces should have lively, pedestrian friendly uses.
7. New façade elements on existing buildings use materials and details that are consistent with the architectural heritage of the buildings on which they are located.
8. Parking facilities are located to the rear or side of the structures whenever feasible.
Section 7-20(g): Density Regulations
|
|
Minimum lot area |
5,000 square feet |
Minimum lot area per dwelling unit |
1,000 square feet |
Minimum lot width |
50 square feet |
Maximum lot coverage by all buildings |
50% |
Minimum width of side yard |
5 feet |
Maximum height of buildings |
50 feet |
Maximum height of buildings |
4 stories |
Maximum height of fences and boundary walls |
6 feet |
Buffer area required (from any residential use) |
25 feet |
Minimum distance between buildings (if more than one (1) on a lot |
Distance equal to the height of the taller building |
Floor area ratio |
2:1 |
Section 7-20(h): Parking Requirements
Parking facilities in this district should be located to the rear of the structure whenever feasible
Use |
Required Parking |
Dwellings, rooming houses, tourist homes, home occupations |
One (1) space per dwelling unit, with a minimum of two (2) spaces, plus one (1) space for each home occupation |
Artist space with a studio where items are sold |
One (1) space per dwelling unit, plus one (1) space for patrons. |
#310 – ORDINANCE RELATIVE TO PUBLIC CONSTRUCTION PROJECTS
The following Ordinance, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses and Legal Affairs.
In the year two thousand and four
An Ordinance to amend and Ordinance relative to Public Construction Projects.
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 2, Section 2-1861 is hereby amended as follows:
1) Delete the phrase “have been trained in a bona fide apprenticeship training program” as it appears in the first paragraph of Section 2-1861.
2) Delete sub-section (1)(b) in its entirety and re-letter sections (1)(a) through (1)(e) as (1)(a) through (1)(d).
Section 2. Chapter 2, Section 2-1891 (1)(b) is hereby amended by adding the following sentence to the end of this sub-section.
“All horizontal public works projects, including water, sewer, street and sidewalk repair and installation, are exempt from the apprenticeship requirements of this Section.”
Section 3. This Ordinances shall take effect as provided by City Charter.
#311 – ORDINANCE AMENDING AGREEMENT FOR MUTUAL POLICE AID PROGRAM
The following Ordinance, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses and Legal Affairs.
In the year two thousand and four
An Ordinance to amend and Ordinance relative to Agreement for Mutual Police Aid Programs.
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 40, Section 1-27 is hereby amended as follows:
1) Delete the phrase “…in the suppression of riots or other forms of violence therein” and replace it with “in times of emergency and non-emergency.”
2) Add the following sentence to the State Law reference found at the end of the section to read “…and Agreement for Mutual Aid Programs, M.G.L. c.40 section 8G.”
Section 2. This Ordinance shall take effect as provided by City Charter.
#312 – APPR. TO TREASURER ACCOUNTS
The following Order was received from the Mayor after the deadline of Tuesday Noon. Councillor O’Keefe requested and received unanimous consent to suspend the rules to allow the matter to come before the Council.
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of One Hundred Thirteen Thousand Eighty-Three Dollars and Forty-five cents ($113,083.45) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to the following “Treasurer” accounts:
“Municipal Insurance” $34,636.03
“North Shore Regional Vocational Assessment” $78,447.42
$113,083.45
#313 – APPR. TO FIRE DEPARTMENT – RETIREMENT ANTICIPATION
The following Order was received from the Mayor after the deadline of Tuesday Noon. Councillor O’Keefe requested and received unanimous consent to suspend the rules to allow the matter to come before the Council.
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Thirty-One Thousand Nine Hundred Twenty Dollars and Eighty-three cents ($31,920.83) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to the “Fire Department – Retirement Anticipation” account in accordance with the recommendation of His Honor the Mayor.
#314 – INTERIM REPORT REGARDING CITY’S GREENHOUSE GAS EMISSIONS INVENTORY
Mayor submitted a report, regarding the City’s Greenhouse Gas Emissions Inventory prepared for the Salem Alliance for the Environment (SAFE), was referred to the Committee on Public Health, Safety and Environment.
#315 – MASS. COMMUTER RAILROADS 2004 YEARLY OPERATIONAL PLAN
Mayor submitted a report regarding the Mass. Bay Commuter Railroads 2004 Yearly Operational Plan, was referred to the Committee on Public Health, Safety and Environment.
#316 – RESOLUTION FOR SPECIALIST RICHARD L. SWAN WHO SERVED IN IRAQ
Councillor Bencal introduced the following Resolution, which was adopted.
RESOLUTION:
WHEREAS: Specialist Richard L. Swan of 60 Tremont Street voluntarily entered into service to his country by enlisting into the Massachusetts National Guard, and
WHEREAS: Specialist Richard L. Swan proudly served his country in Iraq for a period in excess of one year, and
WHEREAS: Specialist Richard L. Swan while being classified as a transportation specialist quickly assumed the duties as an escort for third country nationals, and
WHEREAS: Specialist Richard L. Swan has accepted the family and financial sacrifices associated with active duty.
NOW THEREFORE BE IT RESOLVED: That the Salem City Council acknowledge Specialist Swan’s sacrifices and presents him this resolution as a token of its respect and thanks for a job well done.
#317 – LETTER FROM POLICE CHIEF ROBERT ST. PIERRE
Councillor O’Keefe introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet regarding the enclosed letter from Chief St. Pierre.
#318 – ORDINANCE RELATIVE TO ADMINISTRATION, MEETING AND PUBLIC EVENT NOTIFICATION
Councillor Bencal co-sponsored with Councillor Sargent introduced the following Ordinance, which was adopted for first passage by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Bencal, Corchado, Furey, Harvey, Lovely, O’Keefe, Pelletier, Sosnowski and Veno were recorded as voting in the affirmative. Councillors Sargent and O’Leary were recorded as absent.
In the year two thousand and four
An Ordinance to amend an Ordinance relative to Administration, Meeting and Public Event Notification
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 2, Section 113 is hereby amended by adding the following;
Any department, board, commission, or anyone acting on behalf of or an agent for the City of Salem that is host to or party of any public meeting, reception, hearing, or study or neighborhood committee shall notify each City Councillor, at their residential address, no later than five (5) business days prior to the meeting, reception, hearing, or committee formulation for which they are hosting or a party to.
Section 2. This ordinance shall take effect as provided by City Charter.
#319 – ISSUES SURROUNDING 20-23 VICTORY ROAD
Councillor Corchado introduced the following Order, which was adopted.
ORDERED: That the Committee on Community and Economic Development meet regarding issues surrounding 20-23 Victory Road and the following be invited, Building Inspector, City Engineer, Solicitor, the owner of the property and DD Construction.
#320 – PLAQUE IN HONOR OF REPRESENTATIVE RUANE
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: It is respectfully requested of Mayor Stanley J. Usovicz, Jr. that a plaque be erected at Salem Willows in honor of State Representative J. Michael Ruane for his participation as the Vice Chairman of House Ways and Means in securing the state grant funding that allowed the beautiful restoration of Salem Willows and that the City of Salem, through the direction of the Mayor, and all necessary arrangements to fund, create and install the plaque.
Also, that the Planning Department, with the assistance of the Finance Director (if necessary), give a complete accounting of the grant monies received and expended and all matching funds expended with regard to the Salem Willows restoration project within the next 45 days and that the matter be referred to the Committee on Government Services for further review.
#321 – AMEND ORDINANCE RELATIVE TO MOTORIZED SCOOTERS
Councillor Pelletier introduced the following Order, which was adopted.
ORDERED: Amendment to Ordinance, Chapter 24, Section 20, Line 2 add use of City Streets and Sidewalks be prohibited of motorized scooters. See town of Saugus Ordinance.
Be it further ordered that the matter be referred to the Committee on Ordinances, Licenses and Legal Affairs.
#322 - #322A – ORDINANCE AMENDING TRANSIENT VENDORS, HAWKERS, PEDDLERS AND SOLICITORS
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs, to whom was referred the matter of amending an Ordinance relative to Transient Vendors, Hawkers, Peddlers and Solicitors, has considered said matter and would recommend adoption of the following for first passage.
In the year two thousand and four
An Ordinance to amend an Ordinance relative to Transient Vendors, Hawkers, Peddlers and Solicitors
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 28, Article II, is hereby amended as follows:
1) Delete the words “B-5 District” and insert in place thereof with “the Salem Common and B-5 Zoning District” as it appears in Section 28-26.
2) Delete the words “B-5 Zoning District” and insert in place thereof with “the Salem Common and B-5 Zoning District” as it appears in Section 28-56
3) Delete the fourth and fifth sentences in Section 28-57 (a) in their entirety and insert in place thereof with the following:
“Licenses will be issued for no more than five specific locations throughout the Salem Common and B-5 Zoning District. Any existing license holder whose license was first issued in or before 1995 shall be grandfathered and thereby guaranteed a license until such time as they fail to renew the license(s). The failure of any license holder to renew a license shall reduce the total number of available licenses by the number of licenses not renewed.”
4) Delete the words “B-5 Zoning District” and insert in place thereof with “The Salem Common and B-5 Zoning District” as it appears in Section 28-58
5) Delete the words “B-5 Zoning District” and insert in place thereof with “The Salem Common and B-5 Zoning District” as it appears in Section 28-59
6) Insert the following at the end of the first sentence in Section 28-61(a): “and for the Salem Common for a fee of not less than $25.00 nor more than $300.00 per location. Vendors wishing to receive written permission from the City of Salem Park and Recreation Superintendent”
7) Delete the words “B-5 Zoning District” and insert in place thereof with “The Salem Common and B-5 Zoning District” as it appears in Section 28-61(b)
8) Add the phrase “or the Salem Licensing Board” to the last sentence in Section 28-63(1)
Section 2. This ordinance shall take effect as provided by City Charter.
#323 – RENTAL GUIDELINES FOR OLD TOWN HALL
Councillor Furey offered the following report for the Committee on Government Services. It was voted to accept the report and adopt the recommendation.
The Committee on Government Services to whom was referred the matter of rental guidelines for Old Town Hall, has considered said matter and would recommend that guidelines of 2003 be used in the year 2004 for the rental of Old Town Hall and that the Planning Department reopen the dates and hold a lottery and that Salem residents and businesses get preference.
Councillor Sosnowski requested and received unanimous consent to suspend the rules to allow the audience to speak.
Councillor O’Keefe requested and received unanimous consent to suspend the rules to allow Mr. Poirier to speak.
Councillor Pelletier requested and received unanimous consent to suspend the rules to allow Kate Sullivan, the Mayors Aid, to speak.
Councillor Pelletier moved the question. Councillor O’Keefe was recorded opposed.
Councillor Bencal moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#324 – HOME RULE PETITION FOR LIQUOR LICENSE
Councillor Lovely offered the following report for the Committee on Community and Economic Development. It was voted to accept the report and adopt the recommendation by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Bencal, Corchado, Furey, Harvey, Lovely, O’Keefe, Pelletier, Sosnowski and Veno were recorded as voting in the affirmative. Councillors Sargent and O’Leary were recorded as absent.
The Committee on Community and Economic Development to whom was referred the matter of petitioning the State Legislature through a Home Rule Petition for a Beer and Wine Package Store License located at 185-189 Essex Street, Salem, MA and a Beer and Wine Pouring License for Derby Fish and Lobster located at 215 Derby Street, Salem, MA, has considered said matter and would recommend that the matter be reported to the full Council for their consideration with a positive recommendation.
Further, any future Home Rule Petition specific to the issuance of Beer and Wine Package Store Licenses and Beer and Wine Pouring Licenses are to be restricted to the B-5 District and the Licensing Board is to require that these licenses remain with the business in which they are sought and not to be sold separately, and further that only established businesses seeking specific licenses are to be considered.
Councillor Lovely requested and received unanimous consent to suspend the rules to allow Mr. Blake, Chairman for the Licensing Board to speak.
Councillor Lovely requested and received unanimous consent to suspend the rules to allow the owner of Pamplemousse to speak.
Councillor Bencal moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#325 – (#283 - #286) - GRANTING CERTAIN LICENSES
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of granting certain licenses, has considered said matter and would recommend that the following be granted.
TAG DAY S.H.S. Football, Sept. 11 & 18, Oct. 2 & 30, 2004
TAXI OPERATOR Wandali Paulino Tejada, 5 Park St., Peabody
Mildred Arinella, 14 Leavitt St., Salem
Ryan Wirling, 81 Endicott St., Peabody
Robert Flaherty, 131 Euclid Ave., Lynn
Daniel Comb, 181 Elliot St., Danvers
Gerald Feldman, 116 Lafayette St., Salem
Jeremy Lanver, 6 Bentley St., Salem
David Wendell, 10 Balcomb St., Salem
Magdelena Velasquez, 41 Salem St., Salem
LIMO LICENSE Limelight Transportation Services, 13C Griswold Dr.,
Salem (1 Limo)
#326 – JOINT POLE LOCATION ON SABLE ROAD
A hearing was ordered for May 27, 2004 on the petition of Verizon and Massachusetts Electric Company for a joint pole location on Sable Road.
#327 – JOINT POLE LOCATION ON VERDON STREET
A hearing was ordered for May 27, 2004 on the petition of Verizon and Massachusetts Electric Company for a joint pole location on Verdon Street.
#328 – GAS MAIN IN FIRST STREET
The petition from Keyspan to install a gas main in First Street was referred to the Committee on Ordinances, Licenses and Legal Affairs and that Bruce Thibodeau, Engineer and Lynn Holten from Keyspan also be invited.
#329 – BLOCK PARTY
The request from the residents of 10-20 Barnes Road to hold a Block Party on August 21, 2004, with a rain date of August 22, 2004 was granted.
#330 - #335 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
PUBLIC GUIDE Michael B. Vitka, 20 Mason St., Salem
SEAWORM Arthur Barriera, 49 Webster St., Peabody
SECOND HAND
VALUABLE Antiques at 285 Derby St., Salem
TAG DAY S.H.S. Golf Team, Sept. 25, 2004
TAXI OPERATOR Richard Lundy, 26 Bray St., Gloucester
Robert Smith, 47 Bridge St., Salem
Elizabeth Mullen, 55 Flint St., Lynn
Caridania Pacheco, 27 Albion St., Salem
Albert W. Calman, 203 Washington St., Salem
Henry Pizzano III, 104 Beach Rd., Salisbury
Laura J. Pacheco, 27 Albion St., Salem
Jose Perez, 37 Ward St., Salem
Camilo H. Divanne, 71 Palmer St., Salem
TAXI CAB Salem Taxi, 201 Washington St., Salem (3 Taxis)
#336 - #337 – DRAINLAYER / CONTRACT OPERATOR LICENSES
The following Drainlayer/Contract Operator Licenses were granted.
Ciampa Construction, 36 Dewey St., Saugus
D’Alelio Construction Co. Inc., 31 Lewis Rd., Swampscott
#338 - #344 – CLAIMS
The following list of Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Joel C. Cohen, 44 Valiant Way, Salem
Barbara Dagley, 11 Appleton St., Danvers
Salim Elouche, 20 Francis Rd., Salem
Joseph Kulesza, 2D Eastman Park, Peabody
Paula Mansi, 29 Broughton Rd., Marblehead
Shawn Stickel, 84 Green St., Reading
Atty. G. Rosaly Johnson (for Joan Pennacchio) 12 Kimball Rd., Lynn
#345 - #346 – BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
DRAINLAYER Ciampa Construction, 36 Dewey St., Saugus
D’Alelio Construction Co. Inc., 31 Lewis Rd., Swampscott
(#237) – ORDINANCE AMENDING TRAFFIC HANDICAP PARKING, WILLSON STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 50B, Handicap Parking Tow Zone, 25 Willson Street, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor O’Keefe the meeting adjourned at 8:40 P.M.
ATTEST: CHERYL A. LAPOINTE
ACTING CITY CLERK
| 
