“Know Your Rights Under the Open Meeting Law, M.G.L. Chapter 39 §23B, and
City Ordinance Sections 2-2028 through 2-2033.”
A Regular Meeting of the City Council held in the Council Chamber on Thursday,
September 8, 2011 at 7:00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on September 1, 2011 at 6:40 P.M. This meeting is being taped and is
live on S.A.T.V.
Councillor Furey arrived at 7:20 P.M.
Council President Ryan presided.
Councillor Pelletier moved to dispense with the reading of the record of the previous meeting. It was so voted.
President Ryan requested that everyone please rise to recite the Pledge of Allegiance.
A request from Doug Bollen, Director of Park, Recreation & Community Services to allow the Kernwood Scholarship Committee to award the Kernwood scholarships to the recipients.
Councillor McCarthy moved suspension of the rules. There was no objection.
PUBLIC TESTIMONY
1. Teasie Riley-Goggin, 9 Wisteria St., Salem – Bonding of the Schools and McGrath park.
Councillor McCarthy moved to take out of order and go to the Unfinished Business portion of the Agenda. There was no objection.
#524 - REAPPOINTMENTS TO THE ZONING BOARD OF APPEALS
The Mayor’s reappointment of the following to serve as members of the Zoning Board of Appeals with the following terms to expire was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Sosnowski, Sargent, Ronan, Prevey, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative.
Rebecca Curran, 14 Clifton Ave., Salem Term to Expire: May 1, 2013
James Tsitsinos, 55 Lawrence St., Salem (Alt. Member) Term to Expire: May 1, 2013
#525 – REAPPOINTMENTS TO THE CONSERVATION COMMISSION
The Mayor’s reappointment of the following to serve as members of the Conservation Commission with the following terms to expire, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor Sosnowski, Sargent, Ronan, Prevey, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative.
David Pabich, 8 Harborview Ter., Salem Term to Expire: March 1, 2014
Daniel Ricciarelli, 397 Essex St., Salem Term to Expire: December 3, 2013
#526 – CONSTABLES
The Mayor’s appointment and reappointment of the following to serve as Constables with the following terms to expire were received and placed of file.
John V. Gilchrist Jr., 1 Tremont Place, Salem Term to Expire: August 17, 2012
Deborah A. Robinson, 8 N. Central St. #5, Peabody Term to Expire: September 8, 2012
Kyle N. Wheaton, 15 Leicester St., N. Oxford Term to Expire: August 11, 2014
#527 – APPOINTMENT TO THE SALEM REDEVELOPMENT AUTHORITY
Received after the deadline of Tuesday, noon under suspension of the rules.
The following Mayor’s appointment of Matthew Veno to serve as a member of the Salem Redevelopment Authority for a term to expire February of 2012, was held under the rules until the next meeting of September 22, 2011.
#528 – APPOINTMENT TO THE CONSERVATION COMMISSION
Received after the deadline of Tuesday, noon under suspension of the rules.
The following Mayor’s appointment of Gavin McAuliffe to serve as an alternate member of the Conservation Commission for a term to expire September 15, 2012, was held under the rules until the next meeting of September 22, 2011.
#529 – APPROPRIATION TO BE EXPENDED FOR VACATION/SICK LEAVE BUYBACK
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Twenty-four Thousand, Five Hundred and Eighty-Two Dollars and Thirty-One Cents ($24,582.31) is hereby appropriated in the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for the retirement buyback for Richard Drew of the Golf Course in accordance with the recommendation of Her Honor the Mayor.
#530 – APPROPRIATION TO BE EXPENDED FOR VACATION/SICK LEAVE BUYBACK
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Thirteen Thousand, Four Hundred and Twenty-Five Dollars and Twenty-Four Cents ($13,425.24) is hereby appropriated in the “Retirement Stabilization Fund - Vacation/Sick Leave Buyback” account to be expended for the retirement buyback for Cynthia Barber of the Police Department in accordance with the recommendation of Her Honor the Mayor.
#531 – ACCEPT DONATIONS
The following Order recommended by the Mayor, was adopted.
ORDERED: To accept the donation below in the amount of Four Thousand, Five Hundred Dollars ($4,500.00). These funds will be deposited into the Salem Police Department Essex County Summer Camp Fund as listed in the accordance with the recommendation of Her Honor the Mayor.
Town of Swampscott $1,000.00
Town of Danvers $1,000.00
Saugus Police Dept. $2,500.00
Total $4,500.00
#532 – ACCEPT M.G.L. C. 44, S. 53E ½ TO ESTABLISH A REVOLVING FUND
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the City of Salem hereby approves the adoption of a Health Department Clinics Revolving Fund in accordance with Massachusetts General Law Chapter 44, Section 53E ½ which authorizes special purpose revolving accounts.
#533 – ORDINANCE AMENDING CHAPTER 12, MAINTENANCE OF STRUCTURES AND PROPERTY
The following Ordinance recommended by the Mayor, was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole.
In the year two thousand and eleven
An Ordinance to amend an Ordinance relative to the maintenance of property
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 12, Article II Maintenance of Structures and Property is hereby amended by adding the following new Division:
“Division 3. Regulating the Maintenance of Vacant Residential Properties in Foreclosure
(a) Purpose. It is the intent of this section to protect and preserve public safety, security, and quiet enjoyment of occupants, abutters, and neighborhoods by:
(i) requiring all owners of vacant residential properties in foreclosure to register with the City and pay an administrative fee;
(ii) requiring all residential property owners, including lenders, trustees, and service companies, to properly maintain vacant and/or foreclosing properties, and
(iii) regulating the maintenance of vacant and/or foreclosing residential properties in order to prevent blighted and unsecure residences.
(b) Definitions. When used in this section, the following terms shall have the following meanings, unless a contrary intention clearly appears:
(i) City shall mean the City Salem.
(ii) Commissioner shall mean Commissioner of Buildings and/or the Health Agent.
(iii) Days shall mean consecutive calendar days.
(iv) Foreclosing shall mean the process by which a residential property, placed as security for a real estate loan, is prepared for sale to satisfy the debt if the borrower defaults.
(v) Initiation o/foreclosure process shall mean taking any of the following actions:
a. taking possession of a residential property pursuant to G.L. c. 244 § 1;
b. delivering the Mortgagee's notice of intention to foreclosure to the borrower pursuant to G.L. c. 244 § 17B; or
c. commencing a foreclosure action on a property in either the Land Court or Essex Superior Court.
(vi) Local shall mean within twenty (20) driving miles distance of the property in question.
(vii) Mortgagee shall mean the creditor, including but not limited to, service companies, lenders in a mortgage agreement and any agent, servant, or employee of the mortgagee, or any successor in interest and/or assignee of the mortgagee's rights, interest or obligations under the mortgage agreement.
(viii) Owner shall mean every person, legal entity, service company, property manager or real estate broker, who alone or severally with others:
a. has legal or equitable title to any residential dwelling, dwelling unit, mobile dwelling unit, or parcel of land, vacant or otherwise, including a mobile home park; or
b. has care, charge or control of any residential dwelling, dwelling unit, mobile dwelling unit or parcel of land, vacant or otherwise, including a mobile home park, in any capacity including, but not limited to, agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of the holder or legal title; or
c. is a mortgage in possession of any such property; or
d. is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property; or
e. is an officer or trustee of the association of unit owners of a condominium. Each such person is bound to comply with the provisions of these minimum stands as if he were the owner. However, this ordinance shall not apply to a Condominium Association to the extent that such Association forecloses or initiates the foreclosure process for unpaid assessment due or owing to the Association; or
f. is a trustee who holds, owns or controls mortgage loans for mortgage backed securities transactions and has initiated the foreclosure process; or
g. every person who operates a rooming house.
(ix) Property shall mean any real, residential property, or portion thereof, located in the City of Salem, including buildings or structures situated on the property. For purposes of this section only, Property does not include property owned or subject to the control of the City or any of its' governmental bodies.
(x) Residential Property/Properties shall mean any property that contains one or more dwelling unites) used, intended, or designed to be occupied for living purposes.
(xi) Securing shall mean measures that assist in making the property inaccessible to unauthorized persons.
(xii) Vacant shall mean any residential property not currently legally occupied, properly maintained or secured.
(c) Registration Requirement.
(i) All owners must register vacant and/or foreclosing residential properties with the Commissioner of the Building Department on forms provided by the Commissioner.
(ii) All registrations must state the individual owner's and/or agent's phone number and physical mailing address located within the Commonwealth, as required by M.G.L. c. 59 § 57D, M.G.L. c. 156D § 5.02 and 950 C.M.R. 113.20. The mailing address may not be a P.O. Box.
(iii) This registration must also certify that the property was inspected and identify whether the property is vacant as of the date of filing.
(iv) If the property is vacant, the owner and/or registrant must designate and retain a local individual or local property management company responsible for the security and maintenance of the property. This designation must state the individual or company's name, phone number, and local mailing address. The mailing address may not be a P.O. Box. Should the owner and/or registrant choose another local individual or local property management company to be responsible for the security and maintenance of the property, the owner and/or registrant must notify the city in accordance with the requirements of paragraphs (i) and (ii) and this sub-section within seven days of the designation.
(v) lf the property is in the process of foreclosure, then the registration must be received within seven days of the initiation of the foreclosure process as defined in subsection (b).
(vi) lf the Commissioner determines that the property is vacant and that foreclosure proceedings have not been initiated, the registration must be received within fourteen days of the Commissioner's first citation for improper maintenance.
(vii) In the event there is a change in ownership while the residential property remains vacant and/or in the process of foreclosure, the new owner shall register with the city in accordance with the provisions of this sub-section within seven days of transfer of ownership.
(d) Administrative Fee.
(i) All property registrations are valid for one calendar year. An annual registration fee of Three Hundred Dollars ($300.00) must accompany the registration form.
(ii) Subsequent annual registrations and fees are due within thirty (30) days of the expiration of the previous registration and must certify whether the foreclosing and/or foreclosed property remains vacant.
(iii) Once the property is no longer vacant or is sold, the owner must provide proof of sale or written notice and proof of occupancy to the Commissioner of the Building Department.
(e) Maintenance Requirements.
(i) Properties subject to this section must be maintained in accordance with the relevant Sanitary Codes, Building Codes, and local regulations concerning external and/or visible maintenance. The
owner, local individual or property management company named in subsection (c) must inspect and maintain the property on a monthly basis for the duration of the vacancy.
(ii) The property must contain a posting with the name and 24-hour contact phone number of the local individual or property management company responsible for the maintenance. This sign must be posted on the front of the property so it is clearly visible from the street. [Specify size requirement, if desired]
(iii) Adherence to this section does not relieve the owner of any applicable obligations set forth in Code regulations, Covenant Conditions and Restrictions and/or Home owners Association rules and regulations.
(iv) The property must contain a No Trespass Sign visible from any public way as well as a motion sensitive spot light to illuminate any rear or side yard not visible from a public way.
(f) Inspections.
The Building Department and Board of Health shall have the authority and the duty to inspect properties subject to this section for compliance and to issue citations for any violations. The Building Department and Board of Health shall have the discretion to determine when and how such inspections are to be made, provided that their policies are reasonably calculated to ensure that this section is enforced.
(g) Enforcement and Penalties.
(i) Failure to initially register with the Commissioner is punishable by a fine of three hundred dollars ($300.00).
(ii) If applicable, failure to properly identify the name of the local individual or local property management company is punishable by a fine of three hundred dollars ($300.00).
(iii) Failure to maintain the property is punishable by a fine of up to three hundred dollars ($300.00) for each week the property is not maintained.
(iv) All monies collected pursuant to this section shall be directed to a specific enforcement fund.
(h) Appeal.
Any person aggrieved by the requirements of this section may seek an administrative appeal to the City Council. Any person aggrieved by a final decision issued under this section by the City Council may seek relief in any court of competent jurisdiction as provided by the laws of the Commonwealth.
(i) Applicability.
If any provision of this section imposes greater restrictions or obligations than those imposed by a separate general law, special law, regulation, rule, ordinance, by-law, order or policy, then the provisions of this section control.
(j)) Regulatory Authority.
The Commissioner of the Building Department has the authority to promulgate rules and regulations necessary to implement and enforce this section.
(k) Severability.
If any provision of this section is held to be invalid by a court of competent jurisdiction then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
(I) Implementation.
The provisions of this section are effective immediately upon passage and all provisions shall be enforced immediately however no monetary fine shall be imposed pursuant hereto until Sixty (60) days after passage.
(m) Notice.
A copy of this ordinance is to be mailed to all owners of residential property located in the City of Salem. In addition, a copy of this ordinance is to be mailed to all loan institutions, banks, real estate offices, and management companies located in and/or having legal or equitable interest in residential property located in the City of Salem.”
Section II. This Ordinance shall take effect as provide by City Charter.
#534 – ORDINANCE AMENDING SALEM’S STORM WATER MANAGEMENT
The following Ordinance was received after the deadline of Tuesday noon under suspension of the rules and was referred to the Committee on Ordinances, Licenses and Legal Affairs.
In the year two thousand and eleven
An Ordinance to amend an ordinance relative to storm water management
Be it ordained by the City Council of the City of Salem, as follows:
Section 1.
“Chapter 37 STORM WATER MANAGEMENT
Sec 37-1 Purpose and Authority
Sec 37-2 Definitions
Sec 37-3 Scope and Applicability
Sec 37-4 Responsibility for Administration
Sec 37-5 Permit Procedures and Requirements
Sec.37-6 Performance Standards
Sec.37-7 Waivers
Sec 37-8 Enforcement
Sec. 37-1 Purpose and Authority
(a) Purpose
Land development or redevelopment in which land is altered or changed has an adverse affect on the hydrologic system and can create soil erosion, sedimentation, and greater surface water runoff. These are known to cause impaired water quality in lakes, ponds, streams, rivers, harbors, beaches, wetlands, and ground water, contamination of drinking water supplies, erosion of stream and river channels, alteration and destruction of aquatic life and wildlife habitat, flooding, and overloading or clogging of municipal storm drain systems.
Therefore, this Ordinance has been established to provide the controls to ensure the safeguard of public health and safety, public and private property, surface water, public drinking water, ground water resources, recreational areas, aquatic habitats and life and the environment as a whole by establishing minimum requirements and procedures to control the adverse effects of increased storm water runoff, nonpoint source pollution associated with development and redevelopment, and erosion and sedimentation associated with construction.
(b) Authority
This Ordinance is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution, the Home Rule statutes, and pursuant to the regulations of the Federal Clean Water Act found at 40 CFR 122.34
Sec. 37-2 Definitions
The following definitions shall apply in the interpretation and enforcement of this Ordinance. Additional terms that apply to issuance of a Storm water Management Permit established by this Ordinance shall be defined and included as part of the regulations promulgated and, from time to time, amended under Section 37-4(b) of this Ordinance, a copy of which is available at the Planning Board and the office of the City Clerk. Terms not defined in said regulations or pertinent statutes shall be construed according to their customary and usual meaning. The following terms are defined in the Massachusetts Wetlands Regulations (310 CMR 10.00): Environmentally Sensitive Site Design, Ground Water, Low Impact Development (LID) Techniques,
Maintenance of a Storm water Management System, Redevelopment, Storm water Best Management Practice, Storm water Management System, and Surface Waters.
ALTER: Any activity that will measurably change the ability of a ground surface to absorb water or will change existing surface drainage patterns. Such changes may include: change from distributed runoff to confined discrete point discharges, change in the volume of runoff from the area; change in the peak rate of runoff from the area; and change in the recharge to ground water on the area. “Alter” may be similarly represented as “alteration of drainage characteristics” and “conducting land disturbance activities.”
APPROVAL NOT REQUIRED (ANR): A plan of land that does not require approval under the Subdivision Control Law of Massachusetts (Massachusetts General Laws, chapter 41, sections 81K through 81GG).
AUTHORIZED ENFORCEMENT AGENCIES: The Planning Board is the lead agency with authority given by this Ordinance to promulgate regulations and policies that support the goals and purpose of this Ordinance. The Planning Board, its employees or agents, and the City Engineer, his employees or agents, will share the administration, implementation, and enforcement of this Ordinance as detailed herein.
COMMON PLAN OF DEVELOPMENT: Any announcement or piece of documentation (including a contract, public notice or hearing, advertisement, drawing, plan, or permit application, etc.) or physical demarcation (including boundary signs, lot stakes, surveyor marking, etc.) indicating imminent or future plans to disturb earth regardless of how many phases or how long it will take to complete. Under this Ordinance, a facility is no longer considered a common plan if the following criteria are met: a) The original plan, including modifications, was substantially completed with less than 10,000 ft2 of the original common plan remaining (i.e., less than 10,000 ft2 of the common plan was not built out at the time); and b) There was a clearly identifiable period of time (2 years or more) where there was no ongoing construction, including meeting the
criteria for final stabilization.
DEVELOPMENT: The modification of land to accommodate a new use, revised use, or expansion of use, usually involving construction.
LAND DISTURBANCE: Any activity that causes a change in the existing soil cover which includes the position or location of soil, sand, rock, gravel, or similar earth material. Land-disturbing activities include, but are not limited to clearing, grading, filling and excavation. See also ALTER.
MASSACHUSETTS STORM WATER HANDBOOK: The Storm water Handbook, and as amended from time to time, produced by Mass DEP to be used as guidance for controlling storm water. Implementation of the Storm water Management Standards shall be in accordance with the Storm water Handbook.
MASSACHUSETTS STORM WATER MANAGEMENT STANDARDS: The requirements described in the Massachusetts Storm water Handbook, as they may be amended from time to time, that address water quality (pollutants) and water quantity (flooding, low base flow and recharge) by establishing standards that require the implementation of a wide variety of storm water management strategies. These strategies include environmentally sensitive site design and LID techniques to minimize impervious surface and land disturbance, source control and pollution prevention, structural storm water Best Management Practices,
construction period erosion and sedimentation control, and the long-term operation and maintenance of storm water management systems. The Storm water Management Standards have been incorporated in the
Wetlands Protection Act Regulations, 310 CMR 10.05(6)(k) and the Water Quality Certification Regulations, 314 CMR 9.06(6)(a).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM DRAIN SYSTEM: The municipal storm drain system is the system of conveyances designed or used for collecting or conveying storm water, including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or man-made or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the City of Salem.
NONPOINT SOURCE POLLUTION: Pollution from many diffuse sources caused by rainfall or snowmelt moving over and through the ground. As the runoff moves, it picks up and carries away natural and human-made pollutants, depositing them into water resources areas. Non-point sources include, but are not limited to, urban, agricultural, or silvicultural runoff.
OWNER: A person with a legal or equitable interest in property.
PERSON: An individual, partnership, association, firm, company, trust, corporation, agency, authority, department or political subdivision of the Commonwealth or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person.
SITE: Any lot or parcel of land or area of property where land-disturbing activities are, were, or will be performed.
STORM WATER: Storm water runoff, snow melt runoff, and surface water runoff and drainage.
STORM WATER MANAGEMENT: The use of structural or non-structural practices that are designed to reduce and control storm water runoff pollutant loads, discharge volumes and/or peak flow discharge rates.
STORM WATER MANAGEMENT PERMIT: A permit issued by the Planning Board or City Engineer, after review of an application, plans, calculations, and other supporting documents approving a system that is designed to protect the environment of the City from the deleterious effects of uncontrolled and untreated storm water runoff.
Sec. 37-3 Scope and Applicability
(a) This Ordinance shall be applicable to the following activities:
- Any activity that results in a land disturbance equal to or greater than one (1) acre of land within the City of Salem.
- Any activity that will disturb less than one (1) acre of land but is part of a larger common plan of development or sale that will ultimately disturb equal to or greater than one (1) acre of land).
Plans that do not require approval under the Subdivision Control Law, hereafter referred to as “Approval Not Required or ANR lots”, and meet one or more of the applicability criteria described herein are subject to the provisions of this Ordinance and shall obtain a Storm water Management Permit.
(b) Exemptions: No person who meets the applicability of this Ordinance shall alter land within the City of Salem without having obtained a Storm water Management Permit with the following exemptions:
- Normal maintenance and improvement of land in agricultural use as defined by the Wetlands Protection Act regulation 310 CMR 10.04 and MGL Chapter 40A Section 3.
- Maintenance of existing landscaping, gardens or lawn areas associated with a single family dwelling disturbing less than 20,000 ft2.
- Repair or replacement of an existing roof of a single-family dwelling.
- The construction or repair of any fence or wall that will not substantially alter existing terrain or drainage patterns.
- Construction of utilities other than drainage (gas, water, electric, cable, telephone, etc.) which will not alter terrain or drainage patterns.
- Storm water discharges resulting from the activities identified in Section 37-3 (a) that are wholly subject to jurisdiction under either the Wetlands Protection Act or activities which are subject to Salem’s Wetlands Protection and Conservation Ordinance and demonstrate compliance with the Massachusetts Storm water Management Standards as reflected in an Order of Conditions issued by the Conservation Commission.
- Ground disturbances in the course of customary cemetery use and regular maintenance.
- Emergency repairs to any structural storm water best management practice or practice, such that the original design location, size, and technology remain the same, that poses a threat to public health or safety, or as deemed necessary by the Planning Board or its authorized agent.
- Replacement of existing wells or septic systems on lots having an existing dwelling, with use of storm water best management practices to prevent erosion, sedimentation and release of pollutants.
(d) Coordination with Other City Permits
- No City Drainage Alteration Permit, Road Opening Permit, Building Permit, Subdivision approval, Special Permit, variance or finding shall constitute compliance with this Ordinance. For a project or activity that meets the Scope and Applicability of this Ordinance, no work may commence until the site owner or his agent submits a complete Storm water Management Permit application, the Planning Board or the City Engineer issues a Storm water Management Permit, and the site owner and responsible parties sign and certify that all land clearing, construction, and development will be done pursuant to the approved Plans and Permit.
- This Ordinance is not intended to interfere with, abrogate, or annul any other Ordinance, rule or regulation, statute, or other provision of law. The requirements of this Ordinance should be considered minimum requirements, and where any provision of this Ordinance imposes restrictions different from those imposed by any other Ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall take precedence.
- In case of conflicting requirements, applicable state statutes and regulations shall be considered the more restrictive or more protective of human health and the environment, and shall take precedence over the Salem Storm water Management Ordinance and the regulations promulgated thereunder. These state statutes and regulations include, but are not limited to, the following documents: the
Massachusetts Wetlands Protection Act, the Massachusetts Rivers Act, the Massachusetts Watershed Protection Act, and the Massachusetts Storm water Management Standards, as amended.
Sec. 37-4 Responsibility for Administration
- Responsibility. The Salem Planning Board shall be the lead agency that may grant waivers and promulgate regulations to support this Ordinance as specified in Section 37-4(b). The Planning Board and the Salem City Engineer shall have shared responsibilities to administer, implement, and enforce this Ordinance. The Planning Board (through its agent, the Director of Planning and Community Development), may, at its discretion, elect to delegate its authority to the City Engineer to issue a Storm water Management Permit, in order to expedite the permitting process for an applicant who is not required to appear before the Planning Board for other matters in connection with the proposed work. Any powers granted to or duties imposed upon either the Planning Board or the City Engineer may be delegated to its respective employees and/or agents,
and with mutual concurrence these duties may be delegated to each other’s respective employees and/or their agents.
- Rules and Regulations. The Salem Planning Board will be the lead agency to initiate a change to this Ordinance. The Planning Board, working with input from the City Engineer, may adopt, and periodically amend rules and regulations to effectuate the purposes of this Ordinance, by majority vote of the Planning Board, after conducting a public hearing to receive comments on any proposed revisions. Such hearing dates shall be advertised in a newspaper of general local circulation, at least seven (7) days prior to the hearing date. Failure by the Planning Board to promulgate such rules and regulations or a legal declaration of their invalidity by a court shall not act to suspend or invalidate the effect of this Ordinance.
- Actions by the Planning Board. The Planning Board may take any of the following actions as a result of an application for a Storm water Management Permit as more specifically defined as part of the regulations promulgated as part of this Ordinance: Approval, Approval with Conditions, Disapproval, or Disapproval without Prejudice.
- Appeals. The decisions or orders of Planning Board shall be final. Further relief shall be to a court of competent jurisdiction.
Sec. 37-5 Permit Procedures and Requirements
Permit procedures and requirements, including permit submittals, right-of-entry, fee schedule, and public hearing process, shall be defined and included as part of the Regulations promulgated under Section 37-4(b) of this Ordinance.
Sec. 37-6 Performance Standards
Criteria for erosion and sediment control and post-construction storm water management, including storm water performance standards, shall be defined and included as part of the regulations promulgated
under Section 37-4(b) of this Ordinance. The Planning Board will utilize the Massachusetts Storm water Handbook for criteria and information including specifications and standards for the execution of provisions of this Ordinance. These include a list of acceptable storm water treatment practices, with specific design criteria for each. Unless specifically altered in the rules and regulations, storm water best management practices that are designed, constructed, and maintained in accordance with the Massachusetts Storm water Management Standards and design and sizing criteria in the Massachusetts Storm water Handbook shall be presumed by the Planning Board to be protective of Massachusetts water quality standards.
Sec. 37-7 Waivers
(a) The Planning Board may in its discretion and after due consideration decide to waive strict compliance with any requirement of this Ordinance or the rules and regulations promulgated hereunder, where it makes a written finding such action is:
- allowed by federal, state and local statutes and/or regulations;
- in the public interest, and
- consistent with the purpose and intent of this Ordinance and its regulations.
(b) Additional criteria for granting a waiver shall be defined and included as part of the regulations promulgated under Section 37-4(b) of this Ordinance.
Sec. 37-8 Enforcement
The Authorized Enforcement Agencies and their employees and authorized agents shall enforce this Ordinance and resulting regulations, orders, violation notices, and enforcement orders, and may pursue all criminal and civil remedies, including injunctive relief and monetary damages and costs of litigation and attorney fees, for such violations and for abatement and mitigation and compliance actions taken by the Authorized Enforcement Agencies. As an alternative to criminal prosecution or civil action, the Authorized Enforcement Agencies may elect to utilize the non-criminal disposition procedure set forth in G.L. Ch. 40
§21D and the City of Salem Code of Ordinances Ch. 1 Sec. 1-10. For the purposes of issuing a non-criminal disposition penalty, both the Director of Planning and Community Development and City Engineer are named as the specific enforcing agents. To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Authorized Enforcement Agencies’ agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this Ordinance and may make or cause to be made such examinations, surveys or sampling as the Authorized Enforcement Agencies deem reasonably necessary to determine compliance with a permit issued under this Ordinance. Enforcement shall be further defined and included as part of the regulations promulgated
under Section 37-4(b) of this Ordinance.”
Cross References:
Drainage Alteration Permits, Ch. 38; Wetlands Protection and Conservation, Ch. 50
State and Federal law references: This Ordinance complies with EPA regulations National Pollutant Discharge Elimination System (NPDES) Phase II final rule (Dec 8, 1999) requiring regulated municipalities to reduce the discharge of pollutants in storm water to the maximum extent practicable and adopt ordinances to address the control of sources of pollutants entering the municipal storm drain system.
Section II. This Ordinance shall take effect as provided by City Charter.
#535 – MONTHLY FINANCIAL REPORT
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: That the Monthly Financial Report dated July 31, 2011, be referred to the Committee on Administration and Finance.
#536 – ORDINANCE TRAFFIC GENERAL TOWING ZONE, FEDERAL STREET
Councillor Sosnowski introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and eleven
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 74 “General Towing Zone”
Be it ordained by the City Council of the City of Salem as follws:
Section 1. Federal Street in front of #76 as marked by signs, One Hour Parking, 9:00 AM to 5:00 PM, Monday through Friday, “Tow Zone, Doctor’s Office only”
Section 2. This ordinance shall take effect as provided by City Charter.
#537 - ORDINANCE TRAFFIC RESIDENT STICKER PARKING, HANSON STREET & PUTNAM STREET
Councillor Ryan introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and eleven
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 75 “Resident Sticker Parking”
Be it ordained by the City Council of the City of Salem as follws:
Section 1. Hanson Street, odd side between Butler Street and Boston Street, “Resident Sticker Parking only, Tow Zone”
Section 2. Putnam Street, both sides between Varney Street and Hanson Street, “Resident Sticker Parking only Tow Zone”
Section 3. This ordinance shall take effect as provided by City Charter.
#538 – RESOLUTION RETIREMENT OF JUDGE JOHN P. CRONIN
Councillor Sosnowski introduced the following Resolution which was adopted.
RESOLUTION:
WHEREAS: Judge John P. Cronin has served Essex County as Associate Justice of Probate and Family Court and as First Justice of Dukes County and will be retiring after 19 years of dedicated service; and
WHEREAS: Judge Cronin distinguished himself as a judge of great wisdom dealing with difficult and heart wrenching cases involving families and children; and
WHERAS: Judge Cronin’s sense of honesty, integrity and fairness has set the standard for exemplary service for the County’s he has served and the Commonwealth of Massachusetts.
NOW, THEREFORE, BE IT RESOLVED: That the City council of the City of Salem wishes to extend to Judge John P. Cronin their sincere congratulations and best wishes for a happy and healthy retirement for many years to come.
AND BE IT FURTHER RESOLVED: That this Resolution be presented to Judge John P. Cronin, on behalf of the Salem City Council as a token of our admiration and respect that he so well deserves.
#539 – REVIEW COUNCIL RULE 28 PUBLIC INPUT
Councillor Ryan introduced the following Order, which was adopted.
ORDERED: That the Committee of the Whole meet to review City Council Rule 28 for Public Input.
#540 – WIND TURBINE FEASABILITY STUDY
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the Final Wind Turbine Generator Feasibility Study, prepared for the City of Salem Renewable Energy Task Force by Meridian Associates, dated June 10, 2011, be referred to the Committee on Public Health, Safety and Environment, co-posted with the Committee of the Whole for further review, study and recommendation. And further that a public meeting(s) be held and the following be invited to include but not be limited to:
Renewable Energy Task Force Park and Recreation Commission
Residents of Winter Island Friends of Winter Island
Residents of Salem Willows Neighborhood Residents of Salem Neck Neighborhood
Plummer Home for Boys Residents of Hull and Falmouth, MA
Mayor or her designee Energy Manager Paul Marquis
Finance Director Rich Viscay Meridian Associates
Harris, Harris, Miller & Hanscom Inc. Representative for Elecon T600 Wind Turbine
Representative for Mitsubishi MWT62/1.0 Wind Turbine
Representative for GE 1.5 sle Wind Turbine
All other interested parties
#541 – (#535, #508-#510) GRANTING LICENSES
Councillor Lovely offered the following report for 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 approval.
PUBLIC GUIDES Michelle Dixon, 4 Linwood Ave., Peabody
Jeff Bellin, 396 Essex St., Salem
SECOND HAND
VALUABLE R.A. DiFillipo Antiques, 55 Lafayette St., Salem
TAXI OPERATOR Arthur Buendia, 23 Calumet St., Peabody
Douglas Pierce, 82 McCormack Ave., Medford
Peter Manusity, 409 Rantoul St., Beverly
Shane Davis, 72 Barstow St., Salem
VEHICLE FOR HIRE
OPERATORS ONLY Will Pasquina, 211 River Road., W. Newbury
Kevin Whitehead, 57 Sherwood Ave., Danvers
Howard Land, 69 Plymouth Ave., Swampscott
Howard Jeffrey, 14 Proctor St., Gloucester
Karen Horgan, 21 Gregg St., Beverly
#542 – (#368) ORDINANCE RELATIVE TO UNREGISTERED VEHICLES
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole to whom was referred the matter of amending an Ordinance relative to the Keeping of Unregistered Vehicles, has considered said matter and would recommend adoption for first passage.
In the year Two Thousand and Eleven
An Ordinance to amend an Ordinance relative to keeping of unregistered, abandoned or discarded motor vehicles, trailers or boats.
Be it ordained by the City Council of the City of Salem, as follows:
Section I. Chapter 24, Sec. 21 Keeping of Unregistered, Abandoned or Discarded Motor Vehicles, Trailers or Boats is hereby amended by:
a) inserting the word “building” immediately preceding the word “police” as it appears in the second sentence of section (a) so that the sentence shall read: “If such vehicle, trailer or boat which has been abandoned or discarded, and the vehicle, trailer or boat has been posted and recorded as being on the property for at least 15 consecutive days, the owner of the vehicle, trailer or boat or the owner of the property shall be ordered in writing by the authority having jurisdiction, namely the building, police and fire departments, to immediately remove such vehicle, trailer or boat from the property…”;
b) deleting the phrase “chief of police or fire chief” in its entirety as it appears in the first sentence of section (b) and replacing it with the phrase “chief of police and fire chief”; and
c) deleting the phrase “(police/fire)” in its entirety as it appears in the last sentence of section (c) and replacing it with the phrase “, police, fire or building department,”.
Section II. This Ordinance shall take effect as provided by City Charter.
#543 – (#512, 513, 39, 78, 157) TAXI OPERATOR HEARING
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs.
The Committee on O Ordinances, Licenses and Legal Affairs to whom was referred the matter of denied taxi operator licenses, has considered said matter and would recommend that the licenses be granted.
#544 – LIST TO BE DISCHARGED FROM COMMITTEE
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole.
The Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole to whom was referred the matter of the following list, has considered said matter and would recommend that the matters be discharged from Committee.
#258 WWII Memorial for Philias Verrette
#31 Public Guide License for Daniel Rodgers
#159 Ordinance for School Committee Compensation
#237 Ordinance for Second Hand Valuable
#217 Ordinance for Licensing Board Clerk
#274 Ordinance for painted yellow line down Washington Street
#545 – (#317) PERMITTING OF OUTDOOR CAFÉ’S IN THE URBAN RENEWAL DISTRICT
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole to whom was referred the matter of amending an Ordinance relative to the permitting of outdoor café’s in the Urban Renewal District, has considered said matter and would recommend adoption for first passage.
In the year Two Thousand and Eleven
An Ordinance to amend an Ordinance relative to streets, sidewalks and outdoor seating.
Be it ordained by the City Council of the City of Salem, as follows:
Section I. Chapter 38, Sec. 38-7 Obstructions is hereby amended by adding the following to the end of the last sentence in Section (b):
“and such permit maintains pedestrian access along an existing sidewalk not less than forty-eight inches (48”) wide twenty-four hours per day, seven days per week. A permit to regularly or permanently close an existing sidewalk may only be issued by the City Council.”
Section II. This Ordinance shall take effect as provided by City Charter.
#546 - #546A TEMPORARY SUSPENSION OF FORTUNETELLING LICENSES
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole to whom was referred the matter of temporary suspension of Fortunetelling Licenses, has considered said matter and would recommend that the enclosed Order be adopted.
ORDERED: That the temporary suspension of fortunetelling licenses by the Salem Licensing Board as provided in the Salem Code of Ordinances, Chapter 14, Division 2, Fortunetelling, Astrology, Etc. shall no longer be in effect for issuance of Fair Licenses pursuant to Section 14-73
(c) and for the renewal of licenses, pursuant to Section 14-82, which have or will expire in 2011. The temporary suspension of the issuance of all other licenses issued pursuant to Chapter 14, Division 2 shall remain in effect.
#547 – (#352) PARKING PROGRAM
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole to whom was referred the matter of the new parking program , has considered said matter and would recommend that the matter be referred to the Committee on Community and Economic Development.
.
#548 – (#384) FRANKLIN STREET ISSUES
Councillor Pinto offered the following report for the Committee on Public Health, Safety & Environment co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole to whom was referred the matter of quality of life issues on Franklin Street, has considered said matter and would recommend that the matter remain in Committee.
#549 – (#317 of 2010) PROPOSED GAS STATION AT 111 NORTH STREET
Councillor Pinto offered the following report for the Committee on Public Health, Safety & Environment co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole to whom was referred the matter of the proposed gas station located at 111 North Street (Trickett Realty), has considered said matter and would recommend that the matter remain in Committee.
#550 – COMMUNICATION FROM CITY SOLICITOR REGARDING EATON PLACE
A communication from Solicitor Rennard to take proper steps to remove Eaton Place from the list of accepted Streets, was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to hold a public hearing.
#551 – CONDUIT ON GEDNEY STREET
A hearing was ordered for September 22, 2011 on the petition from Comcast for a Conduit on Gedney Street.
#552 – EXTENDED HOURS OF OPERATION FOR TONY LENA’S ON BOSTON STREET
A hearing was ordered for September 22, 2011 on the petition from John Harvey owner of Tony Lena’s, 1 Boston St. for extended hours of operation on Thursday, Friday and Saturday until 2:00 A.M.
#553 - BLOCK PARTY
The request from residents to hold of Forrester St. to hold a block party on Saturday, September 17, 2011 from 2:00 P.M. to 8:00 P.M. with a rain date of Sunday, September 18, 2011, was granted.
#554 – BLOCK PARTY
The request from residents of Lee St. to hold a block party on Saturday, September 24, 2011 from 10:00 A.M. to 11:00 P.M. with a rain date of Sunday, September 25, 2011, was granted.
#555 – CANCER WALK
A request from North Shore Medical Center to hold their annual Cancer Walk and Road Race and the closing of Derby and Lafayette Streets on Sunday, June 24, 2012, was granted.
#556 – ROAD RACE
A request from B&S Fitness for use of city streets to hold a road race on October 1, 2011 at
6:30 P.M., was granted.
#557 - #559 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
PUBLIC GUIDES Lindsey Philbrook, 109 Farm St., Wakefield
Robert Haven, 67 Tremont St. Salem
Corey Chouinard, 67 Tremont St., Salem
Barbara West, 181 North St. #107, Salem
Kimberly Bizjak, 190 Bridge St. #5101, Salem
Jeffrey Foley, 128 Bridge St., Salem
Nicole Hanscom, 5 Osborne St., Salem
Kimberly Shields, 26 Walter St., Salem
SECOND HAND
VALUABLE Botaniea San Miguel, 115 Lafayette St., Salem
TAG DAY Class of 2012, October 2, 2011
#560 - #562 LICENSE APPLICATIONS
The following license applications were granted.
LIMOUSINE Salem Community Transport Services, 56 Margin St., Salem (1)
TAXI OPERATORS Ike Silverhardt, 58 Essex St., Beverly
Jose Collodo, 46 Peabody St., Salem
Pedro Tapia, 67 Tudor St., #23, Lynn
TAXI OPERATORS CONTINUED
Christina MacMaster, 5 Holten St., Peabody
Cirico Brache, 57 Harbor St. #32, Salem
Michelle Haddow, 4 Horton St. #2, Salem
Camilo Divanne, 113 Loring Ave., Salem
Jose Cerda, 38 Prince St., Salem
Jamie Carbone, 15 Bertuccio Ave., Salem
Camarqui Cerda, 78 Palmer St., Salem
Elizabeth Mullen, 2 Lowe St. #3, Peabody
VEHICLE FOR HIRE Misael Santana, 59 Harbor St., Salem
OPERATORS ONLY
#563 – TAXI OPERATOR APPLICATION
The following taxi operator license application was denied.
TAXI OPERATORS Renee Gubitori, 117 Lafayette St. #214, Salem
#564 – DRAINLAYER / CONTRACT OPERATOR
The following Drainlayer/Contract Operator License was granted.
Precision Remodeling, 30 Sewall St.,, Marblehead
#565 - #578 CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Gemma Caron, 10 Oak View Ave., Salem
Kathy Chapman (Rockett Manangement), 23 Congress St., Salem
James Barina, 5 Hancock St., Salem
Phyllis Wood, 4411 SE 52nd Ave., Portland, OR
Jaime Harrison, Trustee Newhall Condo Trust, 78 Washington Sq., Salem
CLAIMS CONTINUED
Julie Garnett/Afonso Nascimento, 31D First St., Salem
Dianne Kinnon, 9 Parallel St., Salem
William Griset, Jr., 153 Fort Ave., Salem
Stephanie Spiridakis, 46 Broad St. #2, Salem
James Jervinis, 393 Essex St., Salem
SUBROGATED
Barry Feinstein &Affiliates (for Lawanda Mimms), 100 Lowell St., Peabody
Barry Feinstein &Affiliates (for Lawanda Mimms), 100 Lowell St., Peabody
Doucette & LaRose, LLC (for Mass Electric) 251 Main St., Oxford
Atty. Donald Greenough (for Frank Livas, Jr.) 57 South Main St., Ipswich
#579 - #583 BONDS
The following bond were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE: John V. Gilchrist Jr., 1 Tremont Place, Salem
Deborah A. Robinson, 8 N. Central St. #5, Peabody
Kyle N. Wheaton, 15 Leicester St., N. Oxford
DRAINLAYER: Precision Remodeling, 30 Sewall St.,, Marblehead
SIGN: The Pig Next Door, 142 Derby St., Salem
(#492) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC HANDICAP PARKING IRVING STREET
The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking Irving Street, was then taken up. The Ordinance was adopted for second and final passage.
(#519) – SECOND PASSAGE BOND ORDER ENERGY EFFICIENCY IMPROVEMENTS TO THE COLLINS MIDDLE SCHOOL
The matter of second and final passage of a Bond Order appropriating $40,973,953.00 for energy efficiency improvements to the Collins Middle School, was then taken up.
The Bond was adopted for second and final passage by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sosnowski, Sargent, Ronan, Prevey, Pinto, Pelletier, O’Keefe, McCarthy, Lovely and Ryan were recorded as voting in the affirmative. Councillor Furey was recorded as absent.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
Councillor Furey arrived at 7:20 P.M.
(#520) – SECOND PASSAGE BOND ORDER ENERGY EFFICIENCY IMPROVEMENTS TO THE SALTONSTALL SCHOOL
The matter of second and final passage of a Bond Order appropriating $15,628,406.00 for energy efficiency improvements to the Saltonstall School, was then taken up.
The Bond was adopted for second and final passage by a roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Sosnowski, Sargent, Ronan, Prevey, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
Councillor McCarthy moved to return to the regular portion of the meeting. It was so voted.
(#521) - SECOND PASSAGE BOND ORDER TO PAY COSTS OF ENVIRONMENTAL REMEDIATION AT MCGRATH PARK
The matter of second and final passage of a Bond Order appropriating $1,400,000.00 for costs of environmental remediation at McGrath park, was then taken up.
The Bond was adopted for second and final passage by a roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Sosnowski, Sargent, Ronan, Prevey, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative.
On the motion of Councillor Furey the meeting adjourned at 9:45 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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