City Council

City of Salem, Massachusetts Office of the City Clerk Ilene Simons Room 1 City Clerk City Hall February 9, 2021 MEETING NOTICE AND AGENDA The City Council will meet on Thursday, February 11, 2021 at 7:00 P.M. remotely to hold its regular meeting for the purpose of discussing any and all business. Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §20,and the Governor’s March 15, 2020 Order imposing strict limitation on the number of people that may gather in one place, this meeting of the Salem City Council will be conducted via remote participation to the greatest extent possible. Specific information and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting can be found on the city’s website, at www.salem.com. No in-person attendance of members of the public will be permitted, but every effort will be made to ensure that the public can adequately access the proceedings in real time, via technological means. In the event that we are unable to do so, despite best efforts, we will post on the city’s website an audio or video recording, transcript, or other comprehensive record of proceedings as soon as possible after the meeting. For this meeting, members of the public who wish to watch, listen or provide comment (if applicable) during the meeting may do so in the following manner: Please click the link below to join the webinar: https://us02web.zoom.us/j/87370987827?pwd=SlRndmlMWjZsMll6bWp1alIxdThCUT09 Password: 941143 Go to the website link https://zoom.us/join. Enter meeting/webinar ID# 873 7098 7827 followed by the meeting password above if directed to do so on screen. Or Telephone: Participants can dial a toll free number at 877-853-5257 or 888- 475- 4499. When prompted, enter meeting/webinar ID#: 873 7098 7827 and follow the instructions to join the meeting. For those dialing in, you may press *9 to raise your hand to speak if signed up for public testimony or to participate in the public hearing portion of the agenda (if applicable) Watch meeting live on SATV on Channel 22. Members of the public wishing to speak on the agenda items must follow the “How to Sign Up for Public Testimony” outlined on the agenda.  2 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING Members of the public wishing to speak during hearings designated as public hearings may do so by following how to participate noted above. Very truly yours, ATTEST: ILENE SIMONS CITY CLERK “Persons requiring auxiliary aids and services for effective communication such as sign language interpreter, an assistive listening device, or print material in digital format or a reasonable modification in programs, services, policies, or activities, may contact the City of Salem ADA Coordinator at (978-619-5630) as soon as possible and no less than 2 business days before the meeting, program, or event.” Assistive Listening System is available for City Council Meetings. Those interested in utilizing these devices for meetings at 93 Washington Street may contact the City Clerk’s Office at 978-745-9595 ext. 41200 or isimons@salem.com. “Know Your Rights Under the Open Meeting Law, M.G.L. c. 30A ss. 18-25, and City Ordinance Sections 2-2028 through 2-2033.”  3 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING A Regular Meeting of the City Council is being held remotely on Thursday, February 9, 2021 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on February 9, 2021 at 8:47 A.M. This meeting is being taped and is live on S.A.T.V. Councillors absent: Council President Madore presided. Councillor moved to dispense with the reading of the record of the previous meeting. VOTED President Madore requested that everyone please rise to recite the Pledge of Allegiance. PUBLIC TESTIMONY Public Testimony not to exceed 15 minutes Public Testimony is not a public hearing or question and answer period. Public Testimony shall only pertain to Agenda items. Sign up must occur 30 minutes prior to meeting. How to Sign Up: Due to Governor Baker’s Emergency Order stated above, anyone wishing to present testimony at a City Council meeting regarding a matter on the agenda, may sign up until the date of the meeting by 6:30 P.M. by emailing isimons@salem.com OR leaving a voice mail at 978-619-5614. Please include your name, address, subject matter in addition to phone number, email address and screen name in which you will be using that evening. If you are able you may participate in Public Testimony remotely or the Council President will read your comment into the record if emailed.  4 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING HEARINGS ORDERED: Comcast to install (1) conduit on Lynde St. and relocating existing vault from private property to the sidewalk. APPEARING IN FAVOR: APPEARING IN OPPOSITION: Action Contemplated Councillor Hapworth Moved to close the Public Hearing Voted Councillor Hapworth Moved Granted by RCV Yeas Nays Absent  5 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING HEARINGS ORDERED: Verizon Wireless to install Telecommunications on Bridge St. APPEARING IN FAVOR: APPEARING IN OPPOSITION: Action Contemplated Councillor Riccardi Moved to close the Public Hearing Voted Councillor Riccardi Moved Granted by RCV Yeas Nays Absent  6 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS Held from the last meeting, the Mayors appointment of Todd Waller, 26 Hardy Street, Salem to the Planning Board with a term to expire on May 24, 2023. Action Contemplated Councillor McCarthy Confirmed by RCV Yeas Nays Abs The Mayor’s appointments of the following with terms to expire: Name Address Committee Term to Expire Caroline Watson-Felt 2 Beacon St. AHTFB 2/8/2022 Sarah Tarbet 1 Chase St. Planning Board 3/1/2024 Jeff Swartz 23 High St. Traffic & Parking Comm 9/29/2022 Councillor Suspension of the Rules Councillor Objection Action Contemplated Councillor Hapworth Held under the Rules Voted Until the next meeting  7 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS The Mayor’s re-appointments of the following with terms to expire: Name Address Committee Term to Expire Sara Fiore 21 Summit Ave. Beautification Committee 2/22/2024 Catherine Zellano 29 Federal St. Board of Assessors 2/22/2024 Jeremy Schiller 14 Broad St. Board of Health 2/22/2024 George Barbuzzi 17 Preston Rd. Council on Aging 2/22/2024 Thomas Campbell 64 Moffatt Rd. Conservation Comm. 2/22/2024 Tyler Glode 2 Heritage Dr. Conservation Comm. 2/22/2024 Bart Hoskins 22 Larchmont Rd. Conservation Comm. 2/22/2024 Action Contemplated Councillor Hapworth Confirmed by RCV Yeas Nays Abs The Mayor’s re-appointment of James Barina of 5 Hancock St., to serve as a Constable in the City of Salem with a term to expire January 3, 2023 Action Contemplated Councillor Morsillo Moved Received and Filed Voted  8 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR The following four (4) Retirement Buyback Appropriations: ORDERED: That the sum of Forty Nine Thousand, Six Hundred Thirty Four Dollars and Forty Cents ($49,634.40) be approved within the “Retirement Stabilization Fund-Vacation/Sick Leave Buyback” account (83113-5146) to be expended for the FY 2021 contractual buyback(s) listed below in accordance with the recommendation of Her Honor the Mayor. Name Department Amount Robert Cook Fire 49,634.40 $ 49,634.40 ---------------------------------------------------------------------------------------------------------------------------- ORDERED: That the sum of Forty Six Thousand, Three Hundred One Dollar and Sixty Two Cents ($46,301.62) be approved within the “Retirement Stabilization Fund-Vacation/Sick Leave Buyback” account (83113-5146) to be expended for the FY 2021 contractual buyback(s) listed below in accordance with the recommendation of Her Honor the Mayor. Name Department Amount William Luzinski Fire 46,301.62 $ 46,301.62 ---------------------------------------------------------------------------------------------------------------------------- ORDERED: That the sum of Forty Six Thousand, Three Hundred One Dollar and Sixty Two Cents ($46,301.62) be approved within the “Retirement Stabilization Fund-Vacation/Sick Leave Buyback” account (83113-5146) to be expended for the FY 2021 contractual buyback(s) listed below in accordance with the recommendation of Her Honor the Mayor. Name Department Amount John Morrison Fire 46,301.62 $ 46,301.62 ---------------------------------------------------------------------------------------------------------------------------  9 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: That the sum of Nine Thousand, Three Hundred Sixteen Dollars and Eighty Cents ($9,316.80) be approved within the “Retirement Stabilization Fund-Vacation/Sick Leave Buyback” account (83113-5146) to be expended for the FY 2021 contractual buyback(s) listed below in accordance with the recommendation of Her Honor the Mayor. Name Department Amount Frank DeFranco Fire 9,316.80 $ 9,316.80 Councillor Turiel Suspension of the Rules C. Objection Action Contemplated Councillor Turiel Moved Adoption by RCV Yea Nay Abs OR Refer to Admin. & Finance under the Rules The following two (2) Donations: ORDERED: To accept, in accordance with the recommendation of Her Honor the Mayor, a donation of face coverings from the U.S. Conference of Mayor’s “Mayors for Masks” initiative equal to a value of Nine Thousand Six Hundred Dollars ($9,600.00) to help protect at-risk residents during the COVID-19 pandemic. These items will be distributed by the Mayor’s Office and other departments as necessary. --------------------------------------------------------------------------------------------------------------------- ORDERED: To accept, in accordance with the recommendation of Her Honor the Mayor, a donation of personal protective equipment from Amazon equal to a value of Two Thousand Dollars ($2,000.00) to assist Salem departments, agencies, and individuals during the response to COVID-19. These items will be distributed by the Salem Police Department. Action Contemplated Councillor Turiel Moved Adoption by RCV Yea Nay Abs  10 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: That the sum of Two Hundred Thousand Dollars ($200,000.00) is hereby appropriated and transferred from the “Capital Outlay Fund 2000” to the ST CIP Essex Street roadway and sidewalk improvements (20002029-5846CC) for road and sidewalk improvements on Essex St., in accordance with the recommendation of Her Honor the Mayor. Councillor Turiel Suspension of the Rules C. Objection Action Contemplated Councillor Turiel Moved Adoption by RCV Yea Nay Abs OR Refer to Admin. & Finance under the Rules ORDERED: That the sum of Eighty-Three Thousand, Seven Hundred, Fourteen Dollars and Twenty-Eight Cents ($83,714.28) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account (1-3245) to restore budget cuts made as a result of COVID 19 Pandemic in accordance with the recommendation of Her Honor the Mayor. Account Description Amount 14111-5111 DPS FT Salaries $83,714.28 Total $ 83,714.28 Councillor Turiel Suspension of the Rules C. Objection Action Contemplated Councillor Turiel Moved Adoption by RCV Yea Nay Abs OR Refer to Admin. & Finance under the Rules  11 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: The Salem City Council hereby authorizes the Mayor to execute a Non-Exclusive Utility Easement for the benefit of 217-221 Essex Street, a property undergoing renovation to create commercial and residential units. This Easement shall be in a form approved by the City Solicitor and allow the placement of an electrical box enclosure and equipment on and beneath Derby Square. The location and description of the equipment has been approved by the Salem Redevelopment Authority. Action Contemplated Councillor Morsillo Moved Adoption by RCV Yeas Nays Abs OR Refer to the Comm. on Ord., Lic. and Legal Affairs ORDINANCE to amend a zoning ordinance relative to accessory dwelling units. (action on pg. 17) Be it ordained by the City Council of the City of Salem, as follows: Section 1. The City of Salem Zoning Ordinance Section 3. Table of Principal and Accessory Use Regulations is hereby amended by deleting the use entitled Accessory Living Area and adding the following new uses within Section E Accessory Uses: E. ACCESSORY USES RC R1 R2 R3 B1 B2 B4 B5 I BPD NRCC Affordable Accessory Y Y Y Y N N N N N N Y Dwelling Unit attached to a Principal Dwelling (as defined in Sec 3.2.8) or within a Principal Dwelling.  12 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING Affordable Accessory Y Y Y Y N N N N N N Y Dwelling Unit within an Existing Detached Accessory Building, as defined in Sec 3.2.8 Section 2. Section 10 Definitions is hereby amended by deleting the definition “Accessory Living Area” in its entirety and inserting the definition “Affordable Accessory Dwelling Unit” as follows: “Affordable Accessory Dwelling Unit: A housekeeping unit with a maximum rent at least 30 percent below the United States Department of Housing and Urban Development (HUD) fair market rent limit for Salem, with its own sleeping, cooking and sanitary facilities, located either in a detached accessory building existing as of the effective date of the affordable accessory dwelling unit ordinance’s passage, or within or attached to a principal dwelling and subordinate in size to the principal unit(s), separated from it in a manner which maintains the appearance of the principal unit(s), and allowed pursuant to Section 3.2.8 of this ordinance.” Section 3. Section 3.2.4 Accessory Buildings and Structures is hereby amended by deleting paragraph 4 in its entirely and replacing it with the following new paragraphs 4, 5 and 6 as follows: “4. Accessory structures, garages and detached affordable accessory dwelling units shall not exceed one-half (1.5) stories or eighteen (18) feet in height. 5. Detached affordable accessory dwelling units shall comply with all regulations set forth in Section 3.2.4 (Accessory Buildings and Structures) of this Ordinance with the exception of setbacks, which shall comply with Section 3.2.4(6). 6. Detached affordable accessory dwelling units shall comply with all setbacks of the principal structure, as set forth in Section 4.1 of this ordinance (Dimensional Requirements), irrespective of whether the principal structure on the property in question complies with such setbacks or not, unless otherwise permitted by a Special Permit pursuant to subsection 3 of Section 3.2.8.”  13 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR Section 4. Section 3.2.8 Accessory Dwelling Areas is hereby amended by deleting Section 3.2.8 in its entirety and replacing it with the following: “3.2.8 Affordable Accessory Dwelling Units. Affordable Accessory Dwelling Units shall be allowed as provided set forth in this section. 1. Purpose. A. To add affordable rental units to the housing stock to meet the needs of smaller households and make housing units available to households who might otherwise have difficulty finding housing. B. To encourage the efficient use of the city's housing supply while preserving the character of the city's neighborhoods. C. To maximize privacy, dignity, and independent living among family members preserving domestic family bonds as well as to protect the stability, property values, and the residential character of the neighborhood. D. To permit the owner of an existing, or a proposed, principal dwelling to construct one additional affordable dwelling unit per lot. Such a use is incidental and subordinate to the principal dwelling. E. To increase the supply of housing and the diversity of housing options, in response to demographic changes such as smaller households and older households. 2. Procedure. A. The Building Inspector shall administer and enforce the provisions of this section. 3. Special Permit. Pursuant to Section 9.4, in the interests of design flexibility and overall project quality, the Zoning Board of Appeals may grant a Special Permit for the following: A. An existing detached accessory building as defined in subsection 8 of Section 3.2.8 that is not in compliance with the setbacks of the principal dwelling unit. B. An expanded detached accessory building as defined in subsection 8 of Section 3.2.8.  14 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR 4. Application. A. The Application for the Building Permit, shall: 1. Be signed by one hundred (100) percent of the record title ownership interest of the principal dwelling and shall include a copy of the deed and in the case of a property held by a condominium trust, all owners of all units within the condominium. 2. Include a floor plan of the affordable accessory dwelling unit, the principal dwelling where it is to be located and all elevations. All plans shall be drawn to scale and identify the existing structure and proposed modifications to create the affordable accessory dwelling unit. 3. A letter of intent signed by the homeowner(s) shall be submitted to the Department of Planning and Community Development that certifies the rent of the accessory dwelling unit will be at least 30 percent below the established fair market rent limit determined by the United States Department of Housing and Urban Development. 5. Requirements. A. The maximum rent of the affordable accessory dwelling unit, including utilities and parking, shall be at least thirty percent below the established Fair Market Rent limit for the City of Salem as determined annually by the United States Department of Housing and Urban Development. B. The affordable accessory dwelling unit shall not be constructed within a new detached accessory building, as defined in subsection 8 of Section 3.2.8. C. The affordable accessory dwelling unit on a lot that is a half of a mile or less from the MBTA train station or MTBA bus stop shall not require an off-street parking space. D. The affordable accessory dwelling unit on a lot that is more than a half of a mile from the MBTA train station or MTBA bus stop shall have one (1) dedicated off-street parking space. The minimum parking required for the principal dwelling pursuant to Section 5.1 of this ordinance shall not count as off-street parking for the affordable accessory dwelling unit. E. The affordable accessory dwelling unit shall not result in a net loss of the total measured caliper of private trees on the lot in which the affordable accessory dwelling unit will be located unless a payment in the amount of $100 per caliper of the tree diameter at breast height (DBH) is made to the tree replacement fund.  15 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR F. The affordable accessory dwelling unit shall not contain less than 350 square feet of habitable space. G. The affordable accessory dwelling unit shall not contain in excess of 900 square feet of habitable space. No more than one (1) affordable accessory dwelling unit shall be located upon a single lot. H. An affordable accessory dwelling unit shall not be permitted in a building with five (5) or more units. I. At least one (1) owner of the residence in which the affordable accessory dwelling unit is created shall reside in one (1) of the dwelling units as a principal place of residence. For the purpose of this section, the “owner” shall be one or more individuals who hold title to the property and for whom the dwelling is the primary residence as evidenced by voter registration, tax return or other documentation demonstrating primary residence. J. Electricity, water and gas shall be provided by a single service to both the affordable accessory dwelling unit and the principal dwelling. K. The affordable accessory dwelling unit may not be sold or transferred separate and apart from the principal dwelling to which it is an accessory use. The principal dwelling and the accessory dwelling unit shall remain in common or single ownership and shall not be severed in ownership. L. Entry shall be located through existing entry or on the back or side of the main dwelling. M. Egress access shall be located on the side or rear of the building so that visibility from public ways is minimized. N. The affordable accessory dwelling unit shall not contain more than two (2) bedrooms. O. The affordable accessory dwelling unit shall be clearly subordinate in use, size and design to the principal dwelling. P. The affordable accessory dwelling unit must be capable of being discontinued as a separate dwelling unit without demolition of any structural component of the principal dwelling. Q. There shall be no occupancy of the affordable accessory dwelling unit until the Building Inspector has issued a certificate of occupancy that the principal dwelling and affordable accessory dwelling unit are in compliance with all applicable health and building codes.  16 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR R. The Building Permit shall be revoked upon determination by the Building Inspector that any condition imposed by Section 3.2.8 has not been fulfilled. S. By filing the Application for a Building Permit for an affordable accessory dwelling unit, all owners consent to an inspection without a warrant upon reasonable notice by the Building Inspector to ensure compliance with all terms of this section. T. Short term rentals, as defined in Salem Code of Ordinances Chapter 15, are prohibited in the accessory dwelling unit. U. The affordable accessory dwelling unit shall obtain a certificate of fitness subject to the provisions of Section 2-705 of the City of Salem Code of Ordinances. 6. Termination. A. The affordable accessory dwelling unit use shall terminate immediately upon any violation of any term or condition of this ordinance that the owner fails to cure, upon two (2) weeks written notice mailed to the applicant and to the occupants at the dwelling address by certified mail, return receipt requested. B. Duty of Owner Upon Termination include: a. The owner shall discontinue the use of the affordable accessory dwelling unit as a separate dwelling unit. b. The kitchen facilities of the affordable accessory dwelling unit shall be removed unless determined by the Building Inspector to be incidental and subordinate as an accessory use of the principal dwelling. c. Any additional exterior entrance constructed to provide access to the accessory dwelling unit shall be permanently closed, unless the Building Inspector provides a waiver. The owner shall permit an inspection by the Building Inspector without a warrant. 7. Severability. All the clauses of this ordinance are distinct and severable, and if any clause shall be deemed illegal, void, or unenforceable, it shall not affect the validity, legality, or enforceability of any other clause or portion of this bylaw.” 8. Definitions. Attached affordable accessory dwelling unit: An affordable accessory dwelling unit created by adding gross floor area to the principal dwelling after the adoption of this ordinance.  17 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR Existing detached accessory building: A detached accessory building that is existing as of the effective date of this ordinance, that has a foundation, and is a minimum of 350 square feet. Expanded detached accessory building: An existing detached accessory building that is expanded after the effective date of this ordinance. New detached accessory building: A detached accessory building that is not existing as of the effective date of this ordinance. Section 5. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Morsillo Refer to the Planning Board to hold Yeas Nays Abs To hold a Joint Public Hearing by RCV Ordered: That a petition to the General Court, accompanied by a bill for authorization to provide tax exemptions for affordable accessory dwelling unit rental properties in the City of Salem restricted as affordable housing as set forth below, be filed with an attested copy of this Order be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that the following legislation be adopted, except for amendments by the Senate or House of Representatives which conform to the intent of this home rule petition: AN ACT authorizing the City of Salem to provide tax exemptions for affordable accessory dwelling unit rental properties in the City restricted as affordable housing. Be it enacted by the Senate and House of Representatives in General Court Assembled, and by the authority of the same as follows: AN ACT RELATIVE TO PROPERTY TAX EXEMPTIONS FOR AFFORDABLE ACCESSORY DWELLING UNIT RENTAL PROPERTIES IN THE CITY OF SALEM RESTRICTED AS AFFORDABLE HOUSING.  18 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR SECTION 1. Notwithstanding the provisions of any general or special law to the contrary, upon the approval by the Salem City Council of Salem's Affordable Accessory Dwelling Unit Ordinance, an Affordable Accessory Dwelling Unit in the City of Salem, shall be exempt from taxation under Chapter 59 of the General Laws. SECTION 2. Such exemption shall be based on the value of an additional bedroom(s), not the value of the accessory dwelling unit with a kitchen and bath. SECTION 3. The property owner leasing the affordable dwelling unit shall upon initial application and annually thereafter, on September first, submit to the City of Salem or its agent, documentation necessary to confirm their eligibility for the tax exemption for the affordable accessory dwelling unit. SECTION 4. Maximum rents shall not exceed seventy percent of the established Fair Market Rent limit as established by the United States Department of Housing and Urban Development for the City of Salem for the most recent year. SECTION 5. Households who have received a loan administered by the City of Salem for the purpose of building the Accessory Dwelling Unit shall not be eligible for the tax incentive for the term of the loan. SECTION 6. This act shall take effect upon its passage. Action Contemplated Councillor Morsillo Moved Adoption by RCV Yeas Nays Abs OR Refer to the Comm. on Ord., Lic. and Legal Affairs co-posted with the Comm. of the Whole  19 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR An Ordinance to amend an ordinance relative to short term rentals. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15 Short-Term Residential Rentals is hereby amended by inserting the following within Section 15.4 (a) Ineligible Residential Units: “(5) Units established pursuant to the Salem Zoning Ordinance Section 3.2.8 Affordable Accessory Dwelling Units.” Section 2. Chapter 15 Short-Term Residential Rentals is hereby amended by deleting the following language within Section 15.2 Definitions: “Primary residence. The residential unit in which the operator resides for at least six months out of a 12-month period. Primary residence is demonstrated by showing that as of the date of registration of the residential unit, the operator has resided in the residential unit for six of the past 12 months or that the operator intends to reside in the residential unit for six of the next 12 months, as demonstrated by at least two of the following: utility bill, voter registration, motor vehicle registration, deed, lease, driver's license, other state-issued identification, or proof of residential exemption.” And inserting the following language: “Primary residence. The residential unit where the operator has established permanent residency. Permanent residency may only be established by a natural person or persons and not by LLCs, corporations, partnerships, joint ventures, or other similar entities. Proof of permanent residency shall be established by showing that as of the date of registration of the residential unit, the operator has resided in the residential unit for six of the past 12 months, as demonstrated by the following: utility bills, voter registration, motor vehicle registration, deed/lease, driver's license/other state-issued identification, or other credible evidence of permanent residency. Operators who have lived in the residential unit for less than six months prior to the date of registration and assert permanent residency status based upon the above documentation, may be given authorization to register the unit only at the discretion of the Director of Inspectional Services.” Section 3. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Morsillo Moved Adoption for first passage by RCV Yeas Nays Abs OR Refer to the Comm. on Ord., Lic. and Legal Affairs co-posted with the Comm. of the Whole  20 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING MAYOR’S INFORMATIONAL PAGE NONE  21 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Councillor Hapworth ORDINANCE: In the year Two Thousand and Twenty One An Ordinance to Amend Ordinance Relative to Traffic Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 13 of Article I shall be amended by repealing the following: Arbella Street – Service Zones – southerly side, beginning at a point 20 feet from the corner of Bridge Street and proceeding easterly for thirty (30) feet as marked by signs. (12/21/87) Section 2. Chapter 42, Section 75 of Article V-A shall be amended by repealing the following: Arbella Street – Parking Prohibitions Towing Zones (Resident Sticker) – Zone C, color green, in its entirety, Resident Sticker Parking, Tow Zone. (11/13/01) And replacing it with the following: Arbella Street – Parking Prohibitions Towing Zones (Resident Sticker) – Zone C, color green, northerly side in its entirety, southerly side beginning at a point one hundred (100) feet from the intersection of Bridge Street in an easterly direction to the intersection with Collins Street. Section 3. Chapter 42, Section 57A of Article V shall be amended by adding the following: Arbella Street – Parking Time Limited: Unmetered Zones – southerly side, beginning at a point 20 feet from the corner of Bridge Street and proceeding easterly for fifty-four (54) feet, fifteen (15) minute parking. Monday through Saturday, 8:00am to 6:00pm, Sunday 12:00pm to 6:00pm. Section 4. This ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Hapworth Moved for adoption for first passage by RCV Yeas Nay Abs  22 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Councillor Hapworth In the year Two Thousand and Twenty One An Ordinance to amend an Ordinance relative to Traffic Ch. 42, Sec. 50B, “Handicapped Zones, Limited Time” Be it ordained by the City Council of the City of Salem, as follows: Section I. Amending Chapter 42, Section 50B – “Handicapped Zones, Limited Time” is hereby amended by adding the following: Lynde Street – One Handicapped Parking Space to be added in front of #10 Lynde Street, for the distance of twenty (20) feet. Section II. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Hapworth Moved for adoption for first passage by RCV Yeas Nay Abs Councillor Dominguez WHEREAS: The Dominican Flag Committee of Salem will celebrate the raising of the Dominican Flag at Lafayette Park to Celebrate the raising of the Dominican flag that marks Dominican Republic’s 177th Anniversary of Independence; and WHEREAS: The Dominican Community has dedicated this celebration of independence to Dominican Republic’s men and women who have distinguished themselves in different disciplines in the City of Salem; and WHEREAS: The Dominican community has established itself through the efforts of many Dominicans in business, sports, politics, education, and many other disciplines and have exhibited their pride, passion and love of family, religion, and commitment to hard work; and WHEREAS: The Dominican community enriches the City of Salem by promoting the rich Dominican culture through music, dances, and the arts; and  23 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS WHEREAS: The City of Salem recognizes that supporting the Latinx community will lead to greater continued equality for all residents and help strengthen our City; and WHEREAS: The Dominican Community and all City of Salem Residents are cordially invited to attend via face book live the Dominican Flag Raising at Lafayette Park on Thursday, February 25, 2021 at 12:00 P.M. in anticipation of Dominican Republic Independence Day; and NOW, THEREFORE, We, the Salem City Councillors, do hereby proclaim February 27th, 2021 as DOMINICAN REPUBLIC INDEPENDENCE DAY and call upon our public officials, educators, librarians, and all Salem Residents to observe this month with appropriate (remote) ceremonies, activities, and programs here in Salem and beyond the borders of our Commonwealth. Action Contemplated Councillor Dominguez Moved Adoption by RCV Yeas Nays Abs ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss Ch. 38, Sec. 3 – Naming of Streets to review and determine which streets need to be approved by City Council and to implement a procedure for this to occur during development phase Action Contemplated Councillor Morsillo Moved Adoption Voted ORDERED: That the attached draft Zoning ordinance relative to Urban Agriculture by referred to the Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole to discuss, review, edit and work on ordinance and then return to the full council with a recommendation.  24 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS (FULL TEXT DRAFT ORDINANCE BELOW – ENDS ON PAGE #36) CITY OF SALEM URBAN AGRICULTURE TABLE OF CONTENTS Section 1: Purpose Section 2: Definitions Section 3: Use Regulations: Table of Principal and Accessory Use Regulations Urban Agriculture Principal Uses Urban Agriculture Accessory Uses SECTION 1: STATEMENT OF PURPOSE: An ordinance amending the Salem zoning ordinance to encourage agriculture in the city of Salem, adding definitions, and amending the table of uses and the footnotes to the table of uses to allow high yield food gardens and farms as accessory residential uses, and to allow community gardens, community farms and farming on municipal land. SECTION 2: DEFINITIONS Agricultural use, nonexempt: Agricultural use of property not exempted by G.L. c. 40A, s. 3 and limited to the following: customary agricultural, horticultural and floricultural operations, provided that all the buildings combined shall not occupy a greater percentage of the lot area than listed in the Table of Dimensional Requirements Accessory building: A subordinate building located on the same lot as the main, or principal building or principal use, the use of which is customarily incidental to that of the principal building or use of the land. Agriculture, Urban (Urban Agriculture): An umbrella term that describes a range of food growing practices either for personal use, consumption or sale that may include the keeping of domestic fowl and honeybees, but does not include other livestock. Aquaponics: Cultivation of fish and plants together in a constructed, re-circulating system using natural bacterial cycles to convert fish wastes to plant nutrients. Arbor: An accessory structure consisting of an open frame, freestanding or attached to another structure, with horizontal and/or vertical latticework often used as a support for climbing food or ornamental crops. Coldframe: A temporary, unheated outdoor structure built close to the ground, no higher than thirty-six inches (36”) typically consisting of, but not limited to, a wooden or concrete frame and a top of grass or clear plastic, used for protecting seedlings and plants from cold weather. Composting: a process of accelerated biodegradation and stabilization of organic material under controlled conditions yielding a product which can safely be used as fertilizer. Coop: enclosed shelter that houses domesticated fowl. Customary agricultural, horticultural and floricultural operations: Urban Agriculture activity for the purpose of growing or harvesting of agricultural, horticultural and floricultural crops, including but not limited to the production of eggs, milk, honey, or the carrying out of any other  25 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS prescribed agricultural activity or process, for the primary purpose of making a profit, meeting a community need, or providing a livelihood. Does not include residential gardening or keeping of honeybees or domesticated fowl for personal consumption or use. Domestic fowl: a breed of bird specialized for meat production and/or egg laying Farm (verb): The cultivation and tillage of the soil, the production, planting, caring for, treating, growing and harvesting of any agricultural, aquaculture, floricultural or horticultural commodities, the keeping and raising of domestic fowl and/or honey bees, with sales and/or distribution subject to compliance of local, state, and federal regulations. Farming may be conducted on open land, in a greenhouse, in raised beds, in an enclosed building, or on the roof of a principal or accessory structure. Farm, Commercial: Primary use of a lot is commercial urban agriculture. Farm, Community: Operated by a nonprofit or municipality, on privately or publicly owned land, with the intent of producing food for the benefit of the community; revenue from sales of any products grown or raised on a community farm must be used for the sole purpose of sustaining the community farm. Farm, Roof: Urban agriculture on a roof of a principal or accessory structure Farm, Yard: Urban agriculture on a residential yard. Sales subject to permit by the Zoning Board of Appeals and compliance with local, state and federal regulations. Farm Stand: A temporary structure such as a table, stall or tent, operated by a sole vendor for the purpose of selling clean, whole, unprocessed produce, eggs, or honey cultivated on site. Farm Structures: Structures that may be temporary or permanent and include, but are not limited to, sheds (tool and packing), compost bins, shade pavilions, Farm Stands, trellises or other vertical supports for growing crops, and structures used to extend the growing season such as Greenhouses, Hoop houses, Coldframes, Freight Containers, and similar structures. Freight Farm: standardized reusable steel box previously used for the storage and movement of materials and products within an intermodal freight transport system and repurposed for a Controlled Environment Agriculture (CEA) use, such as Hydroponics and/or Aquaponics. Garden, community: Gardens operated by a nonprofit or municipality on privately or publicly owned land, with a primary purpose of providing space for members of the community to grow plants for beautification, recreation, donation and/or consumption for personal use. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained or used by group members. Garden, home/yard: An accessory use on a residential lot to grow plants for consumption, beautification, recreation, and consumption for personal use. The garden may be outdoors, in accessory greenhouses or on the roof of a structure. The ownership, care and control is the responsibility of a resident of the dwelling on the lot. Sales are prohibited. Greenhouse: A temporary structure, primarily constructed of a frame and transparent plastic material, in which temperature and humidity can be controlled for the cultivation or protection of  26 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS plants or other agricultural products. All greenhouse structures are subject to setback and building code requirements. Honeybee: A common domestic bee, Apis mellifera species. Hoop house: A temporary structure typically made of, but not limited to flexible PVC piping or other material covered with translucent plastic, constructed in a “half-round” or “hoop” shape, for the purposes of growing food or ornamental crops. Hydroponics: The cultivation of plants in nutrient solution rather than soil. Livestock : Any domestic animals raised for home use, consumption, or profit, such as horses, pigs, llamas, goats, fowl, sheep, buffalo, and cattle. Raised Bed: method of cultivation in which soil is placed over a geotextile barrier, and raised and formed into three (3) to four (4) foot wide mounds. The soil may be enclosed by a frame generally made of untreated wood. Raised beds are not considered a Structure. Run : An outdoor enclosure generally made of wire mesh. SECTION 3.0: USE REGULATIONS Table of Uses is hereby amended as follows: 3.1 - PRINCIPAL USES Except as provided by law or in this Ordinance in each district, no building or structure shall be constructed, used or occupied, nor shall land be used or occupied, except for the purposes permitted as set forth in the accompanying Table of Principal and Accessory Use Regulations. 3.1.1 By Right. A use listed in the Table of Principal and Accessory Use Regulations is permitted as of right in any district under which it is denoted by the letter "Y" subject to such restrictions as may be specified elsewhere in this Ordinance. 3.1.2 Special Permit: Zoning Board of Appeals. A use designated in the Table of Principal and Accessory Use Regulations by the letters "BA" may be permitted as a special permit only if the Zoning Board of Appeals so determines and grants a special permit therefore as provided in Section 9.4 of this Ordinance subject to such restrictions as are set forth elsewhere in this Ordinance, and such restrictions as said Board may establish. 3.1.3 Special Permit: Planning Board. A use designated in the Table of Principal and Accessory Use Regulations by the letters "PB" may be permitted as a special permit only if the Planning Board so determines and grants a special permit therefore as provided in Section 9.4 of this Ordinance subject to such restrictions as are set forth elsewhere in this Ordinance, and such restrictions as said Board may establish.  27 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS 3.1.4 Not Allowed. A use listed in the Table of Principal and Accessory Use Regulations which is denoted by the letter "N" is not allowed without an amendment to these Zoning Ordinances enacted by the Salem City Council.(Ord. No. 9-9-10, § I) TABLE OF PRINCIPAL AND ACCESSORY USE REGULATIONS PRINCIPAL USES RC R1 R2 R B1 B2 B4 B5 I BPD NRCC 3 EXEMPT AND INSTITUTIONAL USES Facilities for the sale of produce, and wine and dairy products, Y Y Y Y Y Y Y Y Y Y - provided that during the months of June, July, August, and September of every year, or during the harvest season of the primary crop, the majority of such products for sale, based on either gross sales dollars or volume, have been produced by the owner of the land containing more than two acres in area on which the facility is located Use of land for the primary purpose of agriculture, horticulture, Y Y Y Y Y Y Y Y Y Y - floriculture, or viticulture on a parcel of more than two acres in area Community Gardens -  28 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING PRINCIPAL USES RC R1 R2 R B1 B2 B4 B5 I BPD NRCC 3 a. Without the keeping of honey Y Y Y Y Y Y Y Y Y Y - bees and/or hens b. With the keeping of honey bees Y Y Y Y Y Y Y Y Y Y - and/or hens Community Farm Y Y Y Y Y Y Y Y Y Y - a. Without the keeping of honey Y Y Y Y Y Y Y Y Y Y - bees and/or hens b. With the keeping of honey bees Y Y Y Y Y Y Y Y Y Y - and/or hens C. COMMERCIAL USES RC R1 R2 R B1 B2 B4 B5 I BPD NRCC 3 1. Commercial farm and/or Greenhouse without keeping of honey bees and/or hens; Operations, in part or in whole, conducted outside an enclosed building or on a roof; at least 50% of products for sale must be grown on site: a. less than 5,000 s.f. of gross N N N N Y Y Y Y Y Y - floor area  29 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING C. COMMERCIAL USES RC R1 R2 R B1 B2 B4 B5 I BPD NRCC 3 b. 5,000 to 9,999 s.f. of gross floor N N N N Y Y Y Y Y Y - area c.10,000 s.f. or more of gross floor N N N N Y Y Y Y Y Y - area 2. Commercial farm and/or - Greenhouse without keeping of honey bees or domestic fowl; all operations conducted entirely within an enclosed building; at least 50% of products for sale must be grown on site: a. less than 5,000 s.f. of gross floor N N N N Y Y Y Y Y Y area b. 5,000 to 9,999 s.f. of gross floor N N N N Y Y Y Y Y Y area c.10,000 s.f. or more of gross floor N N N N Y Y Y Y Y Y area 3. Commercial farm and/or Greenhouse with keeping of honey bees and/or hens; at least 50% of products for sale must be grown on site: a. less than 5,000 s.f. of gross floor Y Y N N Y Y Y Y Y Y area  30 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING C. COMMERCIAL USES RC R1 R2 R B1 B2 B4 B5 I BPD NRCC 3 b. 5,000 to 9,999 s.f. of gross floor Y Y N N Y Y Y Y Y Y area c.10,000 s.f. or more of gross floor Y Y N N Y Y Y Y Y Y area Farm Stand, nonexempt; at least Y Y N N Y Y Y Y Y Y - 50% of products for sale must be grown or produced on site D. ACCESSORY USES RC R1 R2 R B1 B2 B4 B5 I BPD NRCC 3 Urban Agriculture: Customary agricultural, Y Y Y Y Y Y Y Y Y Y - horticultural and floricultural operation; includes yard farms and roof farms (100% of products produced on- site) Farm Stand Y Y Y Y Y Y Y Y Y Y Keeping of domestic fowl Y Y Y Y Y Y Y Y Y Y - Keeping of honey bees Y Y Y Y Y Y Y Y Y Y -  31 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING Home/yard gardens Y Y Y Y Y N N N N N - Roof gardens Y Y Y Y Y Y Y Y Y Y - Urban Agriculture Use Categories 3.1 - PRINCIPAL USES 1. Exempt Uses a. Facilities for the sale of produce, and wine and dairy products, provided that during the months of June, July, August, and September of every year, or during the harvest season of the primary crop, the majority of such products for sale, based on either gross sales dollars or volume, have been produced by the owner of the land containing more than two acres in area on which the facility is located i. Sales are subject to compliance with local, state and federal regulations ii. May be conducted outdoors, in a greenhouse, or on the roof of a principal or accessory structure 2. Institutional Uses a. Community Garden i. Sales, processing and storage of plants or plant products are prohibited on- site. ii. Nonprofit community gardens on municipal land must sign a Memorandum of Understanding with the City of Salem. b. Community Farm i. Must be operated by a nonprofit or municipality ii. May be conducted outdoors, in a greenhouse, or on the roof of a principal or accessory structure iii. All sales revenue must be used for the sole purpose of sustaining the farm iv. Sales are subject to compliance with local, state and federal regulations 3. Commercial Uses a. Commercial farm i. Sales are subject to compliance with local, state, and federal regulations. ii. May be conducted outdoors, in a greenhouse, or on the roof of a principal or accessory structure. iii. At least 50% of products for sale must be grown or produced on site 3.2 - ACCESSORY USES Urban Agriculture is allowed as an Accessory Use in all zoning districts, provided that no Urban Agriculture activity shall be conducted, or Farm Structure erected, except in compliance with the  32 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS provisions of this Article, provided, however, that the provisions of this Article shall not apply to any of the following: 1. Any Urban Agriculture activity for which appeal to the Zoning Board of Appeals has been made prior to the first notice of hearing for adoption of this Article, and provided that such Zoning relief has been or is thereafter granted by the Zoning Board of Appeals pursuant to such appeal; or 2. Any Urban Agriculture activity conducted or Farm Structure erected pursuant to a building permit issued prior to the first notice of hearing before the Zoning Board of Appeals for adoption of this article Nothwithstanding the above, any replacement of either such Urban Agriculture activity or Farm Structure described in this Article with another Urban Agriculture activity or Farm Structure must comply with all of the requirements of this Article: 1. All Urban Agriculture activities shall be subject to any applicable building code requirements and any applicable rules and regulations established by the Salem Board of Health 2. All the buildings combined shall not occupy a greater percentage of the lot area than listed in the Table of Dimensional Requirements. The following accessory uses shall be permitted as set forth in the Table of Principal and Accessory Use Regulations. 1. Customary Agricultural, Horticultural and Floricultural Operations On-site sale of agricultural products, including produce, honey or eggs, are subject to the following provisions: a. Retail sale display areas shall not exceed fifty square feet b. One farm stand is allowed per lot c. No sales display or structure shall be located on a public sidewalk, street or block vehicle and/or pedestrian flow d. Signage shall be limited to one (1) sign and not exceed six (6) square feet; signs shall not be illuminated or require electricity. e. Proof of annual soil testing must be posted during all sales of produce f. All products sold must be produced on-site g. Sales of products shall be permitted between the hours of 7:00am and 6:00pm. 2. Domestic Fowl a. Domestic fowl shall be kept per the Table of Principal and Accessory Use Regulations. Ownership, care and control of the fowl shall be the responsibility of a resident of the dwelling on the lot.  33 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS b. If the keeper of the domestic fowl is not the lot owner, written permission from the lot owner permitting the keeping of fowl on the lot shall be attached to the permit application. c. Keeping of domestic fowl is subject to all applicable State and local laws and regulations including but not limited to an annual permit and one-time training certification provided by the Salem Board of Health. d. No roosters shall be kept under an Urban Agricultural use on lots in Salem. e. The on-site sale of eggs is subject to compliance with local state and federal regulations. f. Domestic fowl are not permitted within 20 feet of a front lot line. g. Dimensional Regulations i. Maximum Height. 1. Coop. Enclosed Coop space shall not exceed eight (8) feet in height. 2. Run. Runs shall not exceed eight (8) feet in height. ii. Size 1. Coop. Coop space must allow a minimum of four (4) square feet per and one (1) nest box per three (3) Hens. 2. Run. Runs must allow a minimum of four (4) square feet per fowl. h. Setback Requirements i. No fixed coop or run shall be located nearer than five (5) feet to any principal building, including the principal building on an abutting lot, and no coop or run shall be located nearer than five (5) feet to any side or rear lot line. Side lots in this instance refer to a projected line starting from the front lot line, terminating at the rear lot line parallel ten (10) feet from the side lot line. ii. Moveable coops (i.e. coops on wheels) are not subject to setback requirements. iii. Any domestic fowl-keeping use or structure in existence prior to the adoption shall be allowed to continue, as per the zoning code enforcement standards of other pre-existing nonconforming uses and structures. Any future alterations to applicable pre-existing uses or structures shall seek necessary approvals. 3. Honeybees a. Honeybees shall be kept per the Table of Principal and Accessory Use Regulations. Ownership, care and control of the honeybees shall be the responsibility of a resident of the dwelling on the lot. b. If the keeper of the bees is not the lot owner, written permission from the lot owner permitting the keeping of bees on the lot shall be attached to the permit application.  34 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS c. Keeping of honeybees is subject to all applicable State and local laws and regulations including but not limited to an annual permit and one-time training certification provided by the Salem Board of Health. d. A maximum of 1 hive may be kept on a lot, with additional hives pending approval from the Salem Board of Health. Additional Board of Health regulations may further limit the number and/or manner of keeping of honeybees on lot. e. Dimensional Regulations i. No Hive shall exceed five (5) feet in height and twenty (20) cubic feet in size on any Lot or roof. f. Setback Requirements i. Where there is a wall, fence or similar barrier between the subject property and adjacent property, no setback from the property line is required. Where there is no wall, fence or similar barrier between subject property and adjacent property, Hives shall be set back five (5) feet from the property line. ii. No Hive shall be located closer than ten (10) feet from a public sidewalk. g. Hive Placement and Flyways. i. For any ground level Hive that is within twenty (20) feet of the doors and/or windows of the principal building on an abutting Lot, either of the following conditions must exist: ii. The Hive opening must face away from doors and/or windows; or iii. A flyway of at least six (6) feet in height comprising of a lattice fence, dense hedge or similar barrier must be established in front of the opening of the Hive such that the honeybees fly upward and away from neighboring properties. The flyway shall be located within three (3) feet of the entrance to the Hive and shall extend at least two (2) feet in width on either side of the Hive opening. h. Specific Rooftop Beekeeping Requirements. i. Dimensional Regulations. 1. No Hive shall exceed five (5) feet in height and twenty (20) cubic feet in size on any Lot or roof. ii. Setback Requirements 1. Hives shall be set back six (6) feet from the edge of the roof. iii. Hive Placement and Flyways. 1. For any roof level Hive that is within twenty (20) feet of the doors and/or windows of the principal building on an abutting Lot, either of the following conditions must exist: a. The Hive opening must face away from doors and/or windows; or  35 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS b. A flyway of at least six (6) feet in height comprising of a lattice fence, dense hedge or similar barrier must be established in front of the opening of the Hive such that the honeybees upward and away from neighboring properties. The flyway shall be located within three (3) feet of the entrance to the Hive and shall extend at least two (2) feet in width on either side of the Hive opening. 4. Yard Farms a. Yard farms may be kept on residential properties only. b. Yard farms must be in compliance with all State and local laws and regulations. c. Ownership, care and control of the farm shall be the responsibility of a resident of the dwelling on the lot. d. Land devoted to agricultural use shall be well-maintained and free from debris, excessively tall weeds and grass. e. Yard farms may include raised beds, greenhouses, hoop houses and cold frames as accessory structures subject to applicable setbacks and dimensional regulations. f. Accessory structures to an agricultural use shall also be well-maintained. 5. Roof Farms a. Roof farms as an accessory use may be kept on residential properties only b. Roof farms must be in compliance with all State and local laws and regulations and must adhere to all building codes and structural requirements c. Ownership, care and control of the roof farm shall be the responsibility of a resident of the dwelling on the lot. 6. Farm Structures a. Farm structures such as arbors, greenhouses, hoop houses and cold frames, shall be allowed as accessory structures subject to the following provisions: i. Green houses are allowed within any rear or side yard up to but not closer than five (5) feet from the lot line. ii. Arbors, hoop houses and cold frames are allowed within any rear or side yard up to but not closer than one (1) foot from the lot line. iii. Hoop houses, cold frames, arbors, greenhouses or other similar structures shall not exceed a maximum height of 15 feet and can not be taller than the primary structure; the covers shall be removed and stored when plants are not being cultivated or structure is not being used for domesticated fowl or other livestock. iv. Farm structures shall be subject to any applicable State and local building code requirements.  36 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS 7. Composting a. Accessory Composting shall be allowed per the Table of Principal and Accessory Use Regulations. b. Composting which is accessory to Customary Agricultural, Horticultural and Floricultural Operations is subject to regulation by the Massachusetts Department of Agricultural Resources (MDAR) under 330 CMR 25.00, Agricultural Composting Program. c. Composting must be contained within an enclosed bin that does not have direct contact with flammable materials. d. Dimensional Regulations i. Maximum height of Composting structures or bins shall not exceed ten (10) feet. e. Setback Requirements i. Compost bins, structures and windrows shall be set back five (5) feet from all property lines. ii. Compost bins, structures and windrows shall not be located in the front yard or in a side yard that abuts a street in all residential and commercial zones. f. Composting which is accessory to Customary Agricultural, Horticultural and Floricultural Operations shall be used primarily to support onsite operations and shall comprise no more than seven and a half (7 ½) percent of the Lot area Action Contemplated Councillor Riccardi Moved Adopted Voted  37 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING COMMITTEE REPORTS COUNCILLOR Hapworth offered the following report for the Committee on Government Services met to discharge the following matters in Committee: Flooding and excess paving that covers the curb, Resolution for Mother Earth, Police cruisers runny 24 hours day, need for new cruisers, Historical Commission matters and New drainage pipe at Footprint) has considered said matters and would recommend (action unknown meeting took place after agenda deadline) Accept Report Voted Adopt the Recommendation Yea Nay Abs  38 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS NONE  39 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING PETITIONS The Following License Applications: PUBLIC GUIDES: Cameran Davis 123 North St., Salem Lemaris Bell 116 Boston St., Salem Justine Gambale 24 Boardman., Salem Jonathan Reardon 14A Pope St., Salem John Feeley Jr. 26 South Shore Rd., Holbrook Kamilla Cheskiewicz 10 Norman St., Salem Sean Dixon-Gumm 10 Hersey St., Salem Tammy Harrington 48 Federal St., Salem Sarah-Frankie Carter 394 Essex St., Salem Kimberly Bizjak 203 Washington St., Salem Pamela Cyran 394 Essex St., Salem Adrianna Neefus 1 Daniels St. Ct., Salem Mark Scalia Jr. 29RR Upham St., Salem Karen Scalia 29RR Upham St., Salem Stacy Kilb 39 Northend Ave., Salem Kathryn Rutkowski 2 Essex St., Salem James Menice 9 Monte Rd., Lynn William Clemens 49 Summer St., Danvers Raymond Swartz 30 Ocean Ave., Salem Paige Nicole Welch 90 Faith Dr., Hampstead, NH Lynn Hartrum 16 Rosewood Dr., Ipswich Beth Crawley 7 Forrester St., Salem Julie Roundtree 24 Main St., Wenham Stanley Dzienzeski 74 Statlen Rd., Belmont TAXI OPERATORS: Victor Gonzalez-Gonzalez 148 South Common St., Lynn Sandy Jaques Gil 47 Aborn St., Peabody Domingo Espinal 10 Cherry St., Salem Action Contemplated Councillor Morsillo Moved Granted VOTED  40 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING PETITIONS The Following Drainlayer/Contractor License Applications: Bartlett and Steadman R67 Village St., Marblehead WAM General Contractors 363 Cabot St., Beverly Super Service Today 4 Jewel Dr., Wilmington J. Masterson Construction 46 Prince St., Danvers Spencer Contracting Corp. 67 Foster St., Peabody Raffaele Const. Corp. 233 Burrill St., Swampscott Messina Site & Utility Corp 2 Riverside Dr., Marblehead Pumel Enterprises 116 Rabbit Rd., Salisbury P.V. Barone Corp. 18 Central St., Winthrop Nardone Inc. 45 Outlook Rd., Wakefield Action Contemplated Councillor Morsillo Moved Granted VOTED The Following Claims: William Hawkins 2 Laurent Rd., Salem Mwaniki Ndegwa 12 Chase St., Salem Milo Fox 29 Leach St., Salem Aldea Potorski 15 Chase St., Salem Action Contemplated Councillor Morsillo Moved referred to the Comm. on VOTED Ord., Lic. & Legal Affairs  41 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING UNFINISHED BUSINESS Second Passage of the following three (3) Ordinances amending Traffic: Councillor Riccardi ORDINANCE: In the year Two Thousand and Twenty One An Ordinance to amend an Ordinance relative to Traffic Be it Ordained by the City Council of the City of Salem, as follows: Section 1. Amending Chapter 42, Section 50B – “Handicapped Zones, Limited Time” is hereby amended by adding the following: Upham Street – One Handicapped Parking Space to be added in front of #1 Upham Street, for a distance of twenty (20) feet. Section 2. This Ordinance shall take effect as provided by City Charter. ---------------------------------------------------------------------------------------------------------------------- ORDINANCE: In the year Two Thousand and Twenty One An Ordinance to amend an Ordinance relative to Traffic Be it Ordained by the City Council of the City of Salem, as follows: Section 1. Amending Chapter 42, Section 50B – “Handicapped Zones, Limited Time” is hereby amended by repealing the following: Repeal – Friend Street – One Handicapped Parking Space in front of #8 Friend Street, for a distance of twenty (20) feet. Section 2. This Ordinance shall take effect as provided by City Charter. ---------------------------------------------------------------------------------------------------------------------  42 CITY OF SALEM FEBRUARY 11, 2021 CITY COUNCIL REGULAR MEETING UNFINISHED BUSINESS ORDINANCE: In the year Two Thousand and Twenty One An Ordinance to amend an Ordinance relative to Traffic Be it Ordained by the City Council of the City of Salem, as follows: Section 1. Amending Chapter 42, Section 50B – “Handicapped Zones, Limited Time” is hereby amended by repealing the following: Repeal – Hathorne Street – One Handicapped Parking Space in front of #72 Hathorne Street, for a distance of twenty (20) feet. Section 2. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Riccardi Moved for adoption for second passage by RCV Yeas Nay Abs On the motion of Councillor the meeting adjourned at P.M.