A Regular Meeting of the City Council was held in the Council Chamber on Thursday, January 22, 2009 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on January 16, 2009 at 8:34 A.M.
Councillor Furey arrived late at 7:20 PM and Councillor Pinto arrived late at 8:00 PM
Council President Paul Prevey presided.
Councillor McCarthy moved to dispense with the reading of the record of the previous meeting. It was so voted.
Councillor Prevey requested a moment of silence for Owen Meegan who passed away.
President Prevey requested that everyone please rise to recite the Pledge of Allegiance.
Councillor O’Keefe assumed the chair.
(#5) – APPT. OF BEVERLY MOUSTAKIS TO THE BEAUTIFICATION COMMITTEE
Held from the last meeting the Mayor’s appointment of Beverly Moustakis to the Beautification Committee with a term to expire April 1, 2010, was confirmed by a roll call vote of 9 yeas, 0 nays, 2 absent.
Councillor Prevey requested and received unanimous consent to suspend the rules to allow Ms. Moustakis to speak.
#30 – CONSTABLE
The Mayor’s reappointment of Paul Minsky to serve as a Constable with a term to expire on February 6, 2012, was received and placed on file.
#31 – ORDINANCE – AMENDING TRAFFIC, HANDICAP PARKING WISTERIA STREET
Councillor Veno introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and nine
An ordinance to amend an ordinance relative to traffic, Chapter 42, Section 50B, “Handicap Parking Zone, Limited Time”
Section 1. Repeal Wisteria Street in front of #11 for a distance of twenty feet. “Handicap Parking, Tow Zone” (11/16/06)
Section 2. This Ordinance shall take effect as provided by City Charter.
#32 – COMPREHENSIVE FINANCIAL REPORT
Councillor Veno introduced the following Order, which was adopted.
ORDERED: That the Comprehensive Annual Financial Report, be received and placed on file.
Councillor Furey arrived at 7:20 P.M.
#33 – AMEND RULES IN SECTION 28
Councillor Veno introduced the following Order, which was adopted.
ORDERED: That the City Council Committee on Ordinances, Licenses and Legal Affairs meet to consider the following amendment to the Rules of the City Council, as they appear in Appendix C of the Code of Ordinances.
· In Section 28, Order of Business, after the sentence “1. Reading of the Record” that a new paragraph be inserted as follows: “2. Public Input”
· Further, that the subsequent numbered items be amended to accommodate the preceding amendment.
#34 – MEET TO DISCUSS THE REDUCTION IN LOCAL AID
Councillor Veno introduced the following Order, which was adopted.
ORDERED: That the City Council Committee on Administration and Finance meet with the Mayor or her representative and the Finance Director to review reductions in local aid and the impact on the City’s FY09 financial position.
#35 – ECONOMIC STIMULUS SPENDING
Councillor Veno introduced the following Order, which was adopted.
ORDERED: That the City Council Committee on Administration and Finance meet with the Mayor, Jason Silva Mayor’s, Aid and Finance Director Richard Viscay to discuss the City’s submitting to the Governor’s recommended projects to be included in plans for economic stimulus spending.
#36 – CHAMBER OF COMMERCE HIGHLAND AVENUE TASK FORCE REPORT
Councillor Ryan introduced the following Order, which was adopted.
ORDERED: That the City Council Committee on Government Services meet to discuss the Salem Chamber of Commerce Highland Avenue Task Force Report.
#37 – TOWING AND STREET SWEEPING
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: That the matter of towing for street sweeping be referred to the Committee on Ordinances, Licenses and Legal Affairs. And that the Chief of Police or his representative and the Director of Public Services or his representative be invited.
#38 – REVIEW AND DISCUSS NEW TRASH CONTRACT
Councillor Veno introduced the following Order, which was adopted.
ORDERED: That the City Council Committee of the Whole meet to review and discuss the implementation of the new trash contract; and that the Mayor or her representative, Mark George & Robbie George of Northside Carting, Julie Rose of the Water Department and the Trash Contract Committee be invited to attend. Further that Jennifer Kehoe of the Health Department be invited.
#39 – INIVITATION FROM SALEM POLICE DEPARTMENT
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: That the following communications from the Salem Police Department be received and placed on file.
The Salem Police Department and Salem Public Schools wish to invite you to the graduation of the Bowditch School Students from the Great Program on Thursday, February 12, 2009 at 9:00 A.M. at the Bowditch School and the graduation of the Collins Middle School students from this program on the same day at 1:30 P.M. at the Collins Middle School.
#40 – MEET TO DISCUSS THE SUNSHINE ORDINANCE
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet with the representatives from the Mayor’s office, City Solicitor and Data Processing to review and address compliance with the City’s Sunshine Ordinance.
Councillor Pinto arrived at 8:00 P.M.
#41 – SNOW REMOVAL
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole meet to discuss snow removal. That representatives from the DPW, Conservation Commission, Historic Commission, Police Traffic Division and Fire Department be invited.
#42 – SMALL WIND TURBINES
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole meet to discuss establishing an Ordinance for small residential wind turbines and that representatives from the Building Inspector, the Renewable Energy Task Force, Planning Department, Conservation Commission, Fire Department and Electrical Department be invited.
#43 – (#19 – #23) GRANTING 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.
PUBLIC GUIDE Merrill Kohlfofer, 44 Beaver St., Salem
Carole Hartling, 37 Peach Highlands, Marblehead
Brigitta Amsler, 286 Ocean Ave., Marblehead
SEAWORMS John Silva, 10 Almeda St., Salem
SECOND HAND
VALUABLE Filigree & Fancy, Pickering Wharf, Salem
TAG DAY S.H.S. Hockey Cheerleading, Feb. 1, 2009 & Feb. 22, 2009
S.H.S. Concert Band, Feb. 28, 2009
#44 – #44A - ORDINANCE RELATIVE TO OBSTRUCTION OF SIDEWALKS
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 the enclosed Ordinance relative to obstructing sidewalks has considered said matter and would recommend that it be granted for first passage by roll call vote. Adopted for first passage by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
In the year two thousand and nine
An Ordinance to amend an Ordinance relative to obstructing sidewalks
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. The City of Salem Ordinance, Chapter 38 Streets and Sidewalks, Article I, Sections 38-7 (b) and (d) Obstructions are hereby amended by
1) adding the phrase “or place or leave on any sidewalk any outdoor seating, including benches, tables or chairs,” immediately following the phrase “displaying merchandise” as it appears in the first sentence of subsection (b);
2) Inserting the following new sentences at the end of subsection (b);
“Persons applying for an outdoor seating permit must obtain an application from the City Clerk and provide all required documents prior to receiving approval from the City Council. This section shall not apply to any outdoor seating within the city’s Urban Renewal Districts so long as a Café Permit has been issued by the Salem Redevelopment Authority.”; and
3) deleting the phrase “subsection (a) of” as it appears in sub-section (d).
Section 2. This Ordinance shall take effect as provided by City Charter.
#45 – (#674) ORDINANCE AMENDING RESIDENT STICKER PARKING
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 the enclosed Ordinance relative to Resident Sticker Parking has considered said matter and would recommend first passage as amended by roll call vote. Adopted for first passage by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Amendment – No resident sticker parking shall be issued for non-related residents which violates State Building Code or City Ordinances. Voted
A motion for immediate reconsideration in the hopes it would not prevail was denied.
(error in procedure should have been adopted for second and final passage, will be taken up at next meeting)
In the year two thousand and eight
An Ordinance to amend an Ordinance relative to resident sticker parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Section 75 of Chapter 42 Traffic Code is hereby amended as follows:
1) Delete the term “city clerk” as it appears throughout Section 75 and replace it with the term “city collector”
2) Delete the sentence and phrase “Residency shall first be determined by the current year’s official city census as compiled by the city clerk. In the event that an applicant is not listed as resident according to the current city census, the” as it appears in Section 75 Procedure of Obtaining Stickers, sub-section A, and replace it with the new phrase “A resident sticker parking permit”
3) Insert within Section 75 Procedure for Obtaining Stickers, sub-section A, the following new second paragraph:
“Eligibility of Salem State College Students Living Off Campus: A Resident Sticker Parking Permit shall be issued to a Salem State College student living off campus with proof of a residential lease and/or utility bill in the student’s name for a residence in one of the zones aforementioned and street hereinafter mentioned, College issued enrollment verification and vehicle registration, regardless of where the vehicle is registered.
Compliance with State and local laws: No resident parking stickers shall be issued for any unit where the number of non-related residents violates the State Building Code and/or City Ordinances, as determined by the City’s Building Inspector.
4) Delete in its entirety Section 75, sub-section B, entitled How and Where to Obtain Stickers and replace it with the following new sub-section B:
“B. How and where to obtain stickers: The City Collector of the City of Salem shall be in charge of issuing stickers to residents upon verification of residence, domicile and registration. The City’s Police and Parking Department shall be responsible for enforcement of the ordinance. The Police Chief or his designee, or the City Collector, may alter the requirements for obtaining a resident sticker in limited circumstances, and upon consultation with the Ward Councillor. Renewal of Resident Sticker Parking Permits shall be on a rolling basis by zone and staggered throughout the
year, as determined by the City Collector.”
5) Amend Section 75, sub-section C, entitled Visitor Parking Permits by inserting the phrase “excluding College Student Resident Parking Permit holders as defined in sub-section A above” within the first sentence of this sub-section immediately following the words “per household”
6) Amend Section 75, sub-section D, entitled Fees by
a) deleting the fee of “$1.00” as it appears in the first sentence of this sub-section and replacing with a fee of “$10.00”
b) deleting the phrase “four years” and replacing it with the phrase “two years” as it appears in this sub-section
c) inserting the following new last paragraph of this sub-section:
“Fees for Salem State College Students Living off Campus with non-Salem vehicle registration: The fee for each Resident Parking Sticker issued to a Salem State
College student living off campus and eligible for such a permit shall be $10.00 and shall be valid for a period of one year, provided that the owner of the vehicle continues to be domiciled within the zone indicated on the resident parking permit. In the event the owner of the vehicle is domiciled outside the
zone indicated, the resident parking permit shall be considered null and void. No Visitor Parking Permits shall be issued.”
Section 2. This Ordinance shall take effect as provided by City Charter.
#46 – (#8) APPR. OF $5,000.00 FOR PUBLIC SERVICES – WATER EQUIPMENT
Councillor Veno offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred the matter of an Appropriation of $5,000.00 to Public Services Water Equipment has considered said matter and would recommend approval.
#47 – (#11) APPR. OF $22,000.00 FOR AUTOMATIC LICENSE PLATE READER FOR POLICE DEPARTMENT
Councillor Veno offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred the matter of an Appropriation of $22,000.00 from Capital Outlay – Equipment to be expended for the purchase of an Automatic License Plate Reader for the Police Department has considered said matter and would recommend approval.
#48 – (#555) ZONING ORDINANCE FOR WIND ENERGY FACILITIES
Councillor Veno offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.
Councillor O’Keefe moved to amend under Safety strike one L from the word Marshall. Voted
The Committee on Administration and Finance to whom was referred the matter of amending the Zoning Ordinance for Special Permit Uses, for Wind Energy Facilities has considered said matter and would recommend adoption for first passage as amended and referred to the Committee on Ordinances, Licenses and Legal Affairs to hold a Special Meeting and invite the Renewable Energy Task Force. It was adopted for first passage as amended, by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
In the year two thousand and eight
An Ordinance to amend an Ordinance relative to Zoning
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Section 5-3, Special Permit Uses of Article V, Use Regulations of the City’s Zoning Ordinance is hereby amended by inserting the following new Special Permit use:
§ 5-3 Special Permit Uses
(n) Land-based Wind Energy Facilities.
(1) Purpose and Intent
The purpose of this section is to accommodate wind energy facilities in appropriate locations, while minimizing any adverse visual, safety, and environmental impacts of the facilities.
(2) Definitions
a. Wind Energy Facility: All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, all transmission, storage, collection and supply equipment, substations, transformers, site access, services roads and machinery associated with the use. A wind energy facility may consist of one or more wind turbines.
i. Residential Scale Wind Energy Facilities shall be considered those with a rated nameplate capacity less than or equal to 60 kilowatts per turbine, and a height up to 150 feet.
ii. Commercial Scale Wind Energy Facilities shall be considered those with a rated nameplate capacity greater than 60 kilowatts per turbine and/or a blade-tip height greater than 150 feet.
iii. Distributed generation facilities are those which are primarily designed to provide electrical output, or the value thereof, for the use of adjacent structures.
b. Rated Nameplate Capacity: The maximum rated output of electric power production equipment
c. Height: The height of the turbine measured from the natural grade to the tip of the blade at its highest point.
d. Clear area: Area surrounding a wind turbine to be kept free of habitable structures.
e. Nacelle: The frame and housing at the top of the tower that encloses the gearbox and generator and protects them from the weather.
f. Rotor: The blades and hub of the wind turbine that rotate during turbine operation.
g. Wind Monitoring or Meteorological (“test”) Towers: A temporary tower equipped with devices to measure wind speeds and direction, and used to determine how much wind power a site can be expected to generate.
(3) Applicability
A Land-based Wind Energy Facility may not be issued a building permit unless or until a special permit has been issued by the Planning Board, irrespective of whether the use is a principal or accessory use. The Planning Board shall approve, or approve with conditions, if the petitioner can fulfill the requirements of this section.
a. Wind monitoring or meteorological towers shall be exempt from height and other dimensional regulations of the Zoning Ordinance and shall follow the setback requirements of this section. Wind monitoring or meteorological towers over a height of 200 feet shall require a Special Permit from the Planning Board. Wind monitoring or meteorological towers equal to or less than 200 feet in height shall be allowed as a matter of right subject to the issuance of a building permit for a temporary structure.
b. This section specifies where Wind Energy Facilities shall be permitted by Special Permit (SP) and where Wind Energy Facilities are (N) not allowed. Additionally:
i. Wind Energy Facilities shall be allowed on all land owned by the City of Salem.
ii. Wind Energy Facilities shall not be permitted on lots less than 40,000 square feet.
|
RC |
R1 |
R2 |
R3 |
B1 |
B2 |
B4 |
B5 |
I |
BPD |
NRCC |
Residential Scale |
SP |
SP |
SP |
SP |
SP |
SP |
SP |
N |
SP |
SP |
SP |
Commercial Scale |
N |
N |
N |
SP |
N |
N |
N |
N |
SP |
SP |
N |
c. All wind energy facilities shall be constructed and operated in locations that minimize any adverse visual, safety, and environmental impacts. No special permit shall be granted unless the Planning Board finds:
i. the specific site is an appropriate location for such use;
ii. the use will not adversely affect the neighborhood;
iii. there will be no serious hazard to people or vehicles from the use;
iv. no nuisance will be created by the use; and
v. adequate and appropriate facilities will be provided for the proper operation of the use.
(4) Site Control
The applicant shall submit documentation of the legal right to install and use the proposed facility at the time of application for a Special Permit. Documentation should also include proof of control over the setback
area. Control shall mean legal authority to prevent the use of any structure within the setback area for human habitation or other use permitting human occupancy.
(5) Proof of Liability Insurance
Prior to the issuance of a building permit, the applicant shall be required to provide evidence of liability insurance and documentation that said amount is sufficient to cover loss or damage to persons and structures occasioned by the failure of the facility.
(6) Special Permit Regulations
Proposed wind energy conversion facilities shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable electrical, construction, noise, safety, and environmental and communications requirements. All wind energy conversion facilities shall comply with the requirements set forth in this section, unless waived by the Planning Board.
a. Height
Commercial Scale Wind Energy Facilities shall be no higher than 400 feet; Residential Scale Wind Energy Facilities shall be no higher than 150 ft. The height shall be measured from the natural grade to the highest point reached by the rotor blades. The Planning Board may allow this height to be exceeded as part of the special permit process if the project proponent can demonstrate that the additional height is needed and that the additional benefits of the higher tower outweigh any increased adverse impacts.
b. Monopole Towers
Monopole towers are the preferred type of support for wind turbines.
c. Setback or Clear Area
The following setbacks shall be observed:
i. The minimum distance from the base of any wind turbine tower to any property line shall be equal to 75% of the height of the structure or the setback provisions of the zoning district, whichever is greater;
ii. The minimum distance from the base of any wind turbine to any dwelling, business or institutional use shall be equal to the total height of the structure.
iii. The purpose of the setbacks is to provide a clear area, to be kept free of habitable structures. The clear area does not need to be cleared of trees and vegetation; to the extent possible, existing on-site trees and vegetation shall be preserved. Wetland buffer areas may be within the clear area.
iv. The Planning Board may reduce the setbacks as appropriate based on site specific considerations.
v.
d. Visual Impact
The proponent shall demonstrate through project sitting and proposed mitigation that the wind energy conversion facility minimizes any impact on the visual character of surrounding
neighborhoods and the community. This may include, but not be limited to, information regarding site selection, turbine design, buffering, lighting and cable layout.
e. Color
Wind energy conversion facilities shall be painted a non-reflective color that blends with the sky and clouds.
f. Equipment Shelters
All equipment necessary for monitoring and operation of wind energy facilities should preferably be contained within the turbine tower. If this is not feasible, ancillary equipment may be located outside the tower. Whenever reasonable, structures should be joined or clustered and contained either within an underground vault, enclosed within a separate structure, or shielded from view either by year-round landscaping or vegetated buffers to avoid adverse visual impacts.
g. Lighting and Signage
i. Wind turbines shall be lighted only if required by the Federal Aviation Administration (FAA). The proponent shall provide a copy of the FAA’s determination to establish the required markings and/or lights for the structure.
ii. Lighting of equipment, structures and any other facilities on site shall be shielded from abutting properties.
iii. Signs on the facility shall comply with the City of Salem’s sign regulations and be limited to those needed to identify the property and the owner and warn of any danger, and educational signs providing information on the technology and renewable energy usage.
h. Utility Connections
All utility connections from the commercial wind facility site shall be underground unless the applicant demonstrates by substantial evidence that the construction of such underground facilities would be unreasonable owing to circumstances relating to the solid conditions, shape or topography of such a site, or if the utility provider requires the connections to be above ground.
i. Land Clear/Open Space/Rare Species
Wind energy facilities shall be designed to minimize land clearing and fragmentation of open space areas and shall avoid permanently protected open space when feasible. Wind turbines should be sited to make use of previously developed areas wherever possible. Wind energy facilities shall also be located in a manner that does not have significant negative impacts on rare species, including avian species in the vicinity.
j. Noise
The wind energy facility and associated equipment shall conform to Massachusetts noise regulations (310 CMR 7.10). An analysis, prepared by a qualified engineer, shall be presented to demonstrate compliance with these noise standards and be consistent with the Massachusetts Department of Environmental Protection guidance for noise measurement.
k. Shadowing/Flickering
Wind energy conversion facilities shall be sited in a manner that does not result in significant shadowing or flicker impacts. The proponent has the burden of proving that this effect does not have significant adverse impact on neighboring adjacent uses either through siting or mitigation.
l. Safety Standards
i. No hazardous materials or waste shall be discharged on the site of any wind energy facility. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials or waste. An enclosed containment area, designed to contain at least 110 percent of the volume of the hazardous materials or waste stored or used on the site may be required to meet this requirement. The wind energy conversion towers shall also be designed to prevent unauthorized use.
ii. A Wind Energy Facility regardless of height above the ground shall be equipped with a site-specific fire detection and fire suppression system of a type which has been listed by the Underwriters Laboratory (UL) and/or approved by Factory Mutual (FM). The site-specific fire detection and fire suppression system and components shall be approved by the Fire Marshal.
iii. Access to the site must be cleared and maintained to a level of acceptance by the Fire Marshal.
iv. Warning signs indicating voltage must be placed at the base of all ground/base mounted electrical equipment
v. Electrical equipment shall be locked or fenced to prevent entry.
vi. While monopole construction is preferable in the event guy wires are used, then visible reflective colored objects such as flags, reflectors, or tape shall be placed on all guy wires up to a height of ten feet above the ground or surface where the wind energy equipment is mounted.
vii. Annual reports to the Fire Department detailing the year’s operations, including but not limited to, number of days of operations, energy production, and maintenance items/issues.
viii. Hazardous materials are limited to lube oil or coolants used for routine maintenance and may be stored in limited quantities in their original packaging. Waste oils or coolants shall not be stored on site.
ix. Unauthorized access-no ladders, step bolts, or other climbing means shall be readily accessible to the public for a minimum of fifteen feet above the ground or surface where the wind energy equipment is mounted.
x. The owner of a proposed wind project shall provide a project summary, electrical schematic, and site plan to the Salem Fire Department with a proposed emergency response plan prior to issuance of a special permit.
(7) Submission Requirements
Fifteen (15) collated sets of application materials shall be submitted with any application for a Wind Energy Facility Special Permit. Application materials shall include all plans and materials required in this section:
a. Documentation
Applications must include: documentation of the legal right to install and use the proposed facility and proof of control over the setback or clear areas, proof of financial surety, proof of liability insurance, certification of lighting requirements from the FAA, certification of attainment for Federal Communications Commission (47 CFR Part 15) relating to interference with radio or television reception, and a statement that satisfies noise requirements.
b. Site Plan Requirements
i. A one-inch-equals-200 feet vicinity plan, signed and sealed by a Registered Professional Engineer or Licensed Surveyor must be submitted showing:
ii. Property lines, buildings (including accessory structures), public and private roads within 300 feet of the subject property.
iii. Proposed location of wind energy conversion facility, including all turbines, fencing, associated ground equipment, transmission infrastructure, access roads, parking area and any other construction or development attendant to the wind energy conversion facility.
iv. Distances, at grade, from the proposed wind energy conversion facility to each building on the vicinity plan shall be shown.
v. The proposed changes to the existing property including grading and vegetation removal.
vi. A landscape plan showing existing trees and shrubs, as well as those proposed to be added, identified by size and species
vii. Tree cover and average height of trees on the subject property and adjacent properties within 300 feet.
viii. Contours at each two feet Above Mean Sea Level for the subject property and adjacent properties within 300 feet.
ix. Zoning district designation for the subject parcel
c. Elevations
Elevations shall be either at a 1/4’ or 1/8’ inch scale showing views at-grade from the north, south, east and west for a 50-foot radius around the proposed wind energy facility.
Elevations shall show all equipment, security barriers, structures, existing and proposed trees and shrubs, and grade changes.
d. Photographs and Sight-line Diagrams
i. Color photographs of the current view shall be submitted from at least two locations to show the existing conditions.
ii. Each of the existing condition photographs shall have the proposed wind energy facility superimposed on it to accurately simulate the proposed wind energy facility.
iii. Color photographs of the existing conditions at the base of the proposed turbine site shall be submitted. These photographs shall serve as the documentation of the natural condition of the site.
iv. Sight-line diagrams from at least two locations, such as a public roadway or the closest habitable structure, shall be depicted in profile drawings at a scale of one inch equals 40 feet. The diagrams shall show the lowest point of the turbine visible from each location and all intervening trees and buildings.
e. Materials & Colors
Specifications for the proposed wind energy facility shall be provided for all equipment and attendant facilities.
f. Balloon or Crane Test
Prior to, or at the time of filing an application for a Special Permit, the applicant shall arrange for a balloon or crane test at the proposed site to illustrate the height of the proposed facility. The date, time, and location of such test shall be advertised in a newspaper of general circulation at least 14
days, but not more than 21 days prior to the test. In addition, notice shall be provided to 300 ft abutters and abutting municipalities. Notice of the Balloon test may be combined with the notice of the public hearing.
(8) Professional Fees
The City may retain a technical expert/consultant to verify information presented by the applicant at the cost of the applicant.
(9) Utility Notification
No residential scale wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer’s intent to install an interconnected customer owned generator. Off grid systems shall be exempt from this requirement.
(10) Use by Telecommunications Carriers
Wind energy conversion facilities may be used to locate telecommunications antennas, subject to applicable regulations governing such uses, and subject to the following requirements:
a. all ground mounted telecommunications equipment shall be located in either a shelter within the turbine tower or otherwise screened from view year-round; and
b. antennas should be flush-mounted to be keeping in the design of the wind turbine tower; and
c. all cabling associated with the personal wireless facility shall be contained within the tower structure or enclosed within a conduit painted to match the turbine mount.
(11) Term of Special Permit.
A Special Permit issued for any wind energy conversion facility shall be valid for 25 years. At the end of that time period, the wind energy conversion facility shall be removed by the applicant unless a renewal or extension of the Special Permit is granted by the Planning Board. Upon request, the Planning Board may extend, renew, or modify the Special Permit if the operation of the facility is satisfactory.
(12) Monitoring and Maintenance
a. After the wind energy conversion facility is operational, the owner shall submit to the City at annual intervals from the date of issuance of the Special Permit, a report detailing operating data for the facility.
b. Notice shall be provided to the City of any change of ownership.
c. The owner shall maintain the wind energy conversion facility in good condition. Such maintenance shall include, but not be limited to, painting, structural integrity of the foundation, the support structure, the security barrier (if applicable) and maintenance of the buffer areas and landscaping if present.
(13) Abandonment or Discontinuation of Use
a. At such time that a wind energy conversion facility is scheduled to be abandoned or discontinued, the applicant will notify the City of Salem by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. In the event that an applicant fails to give such notice, a wind energy facility will be considered to be abandoned if it is not operated continuously for a period of one year, or if it is designated as a safety hazard by the building commissioner.
b. Upon abandonment or discontinuation of use, the owner shall physically remove the wind energy conversion facility within 90 days, unless an extension is granted by the Planning Board. “Physically
remove” shall mean removal of all equipment and restoration of the location to its natural condition as shown in the baseline documentation photos except that, new landscaping and grading done as part of the turbine installation may remain.
c. If the applicant fails to remove a wind energy conversion facility in accordance with this section, the City shall have the authority to enter the subject property and physically remove the facility. The applicant may be required to provide a form of surety at the time of construction to cover the costs of the removal in the event the City must remove the facility. The applicant shall submit a fully inclusive estimate of costs associated with removal, prepared by a qualified engineer. The amount of the surety should be for 150% of the cost at the time. The amount shall include a mechanism for a Cost of Living Adjustment after 10 and 15 years.
Section 2. This Ordinance shall take effect as provided by City Charter.
#49 – (#676 - #16) ZONING ORDINANCE RELATIVE TO PLANNED UNIT DEVELOPMENT TO INCLUDE BUSINESS PARK DEVELOPMENT
Councillor Lovely offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee of the Whole to whom was referred the matter of a Zoning Ordinance amendment for Planned Unit Development (PUD) has considered said matter and would recommend adoption for second and final passage by roll call vote.
Amendment: gross square footage of the structures within the development. It was so voted.
Adopted as amended by a roll call vote of 9 yeas, 2 nays, 0 absent. Councillors Veno, Ryan, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Prevey were recorded as voting in the affirmative. Councillors Sosnowski and Sargent were recorded as voting in the negative.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
PREAMBLE:
Whereas there are a number of vacant and underutilized parcels in the BPD district;
Whereas it is in the best interest of the health, safety, and general welfare of the community to see these parcels constructively utilized;
Whereas the intent of the zoning ordinance is to encourage the most appropriate use of land throughout the city; and
Whereas the Business Park Development (BPD) District is the only business district in the City of Salem that does not allow a Planned Unit Development (PUD);
NOW, THEREFORE,
In the year two thousand and eight
An Ordinance relative to Zoning
Be it ordained by the City Council of the City of Salem, as follows:
Article VII of the City of Salem Zoning Ordinance is hereby amended by adding the following language to Section 7-15 Planned Unit Development:
1. Add “BPD Business Park Development District” to Section (a) allowing the Planning Board to grant a special permit for PUD in a BPD in accordance with all the requirements of the Ordinance.
2. Add a new Section (c) (6) as follows:
(1) In the Business Park Development (BPD) district, residential uses and associated improvements, such as parking and landscaping, cannot exceed 50% of the land area of the parcel(s); or in the case of mixed use buildings, residential uses cannot exceed 50% of the gross square footage of the proposed development.
(2) The maximum number of stories of any building containing residential units in the BPD District is four stories.
Section 2. This Ordinance shall take effect as provided by City Charter.
#50 – REQUEST TO MAKE A PRESENTATION ABOUT THE GREEN COMMUNITIES ACT AND THE GREEN JOBS ACT
A request from Mary Whitney to have the Green Communities Division make a presentation about the Green Communities Act and the Green Jobs Act was referred to the Committee of the Whole.
#51 - #54 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
PAWNBROKER Salem Loan & Jewelry, 33 New Derby St., Salem
PUBLIC GUIDES Beverly Koenigsberg, 77 High Pine Circle, Concord
SECOND HAND
VALUABLE Salem Loan & Jewelry, 33 New Derby St., Salem
TAG DAY S.H.S. Softball, April 18, 2009 & May 9, 2009
#55 - #56 LICENSE APPLICATIONS
The following license applications were granted.
LIMOUSINE NDARYD Transportation, 100 Cummings Center, #310C, Beverly
Javier Car Service, 78 Rainbow Ter., Salem
Briana Transportation, 17 Ward St., Salem
TAXI OPERATORS Bienvenido Visioso, 83 Congress St., Salem
Andrew Ferretti, 17 Keys Dr. #17, Peabody
Donald Bovio, 9R Chandler St., Salem
Ricardo Villanugua, 498 Essex St., Lynn
Leandro Ynoa, 414 Essex St., Salem
#57 – TAXI OPERATOR LICENSE APPLICATION
The following Taxi Operator license application was denied.
TAXI OPERATORS Jason Bottari, 29 Albion St. #2, Salem
#58 - #61 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs:
Pamela Katsiris, 8 Durkin Rd., Salem
John Hamerstrom, 21 Grant Rd., Salem
Cara Guilbert, 2 Fox Run Dr., Haverhill
Carol Noble, 3 Eclipse Ln., Salem
On the motion of Councillor O’Keefe the meeting adjourned at 9:20 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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