City Council
Regular MeetingSalem, MA · May 13, 2021
Minutes
City of Salem, Massachusetts
"Know Your Rights Under the Open Meeting [aw, M.G.L. c. 30A ss. 18-25 and
City Ord i na n ce Section s 2-2A28 th rou gh Z-2Agg.,
The City Council Committeeon Ordinances. Licenses and LegalAffairs co-posted Committee of the Whole
met in the CouncilChamber on Mav 20,2021 at 6:30 p.M,
-
for the purpose of discussing the matters(s) listed below. Notice of this meeting was posted on
Mav 4.202t at 12:O1P.M.
(This meetlng is being recorded)
ATTENDANCE
ABSENTWERE: None
Members of the COW Present: Councilors Madore, McCarthy, and Turlet
Also in Attendance: Beth Rennard, City Solicitor; llene Slmons, City Clerk; David Kucharsky, Director of Traffic and parking;
Lt. Tucker, Salem PD Trafflc Divislon; Paige Besse, applican! Maureen Flsher, Assistant City Clerk
SUUECT(SI
#221 Pedi Cab Application with Consumption of Alcohol
Ms Rennard begins by explaining that what is before the body is an application for a Pedicab license. The City Council is
authorized to grant Pedicab licenses, pursuant to Chapter 214. The applicant needs to make an application, pay a fee, and if
granted, eet S1 Million of insurance to cover bodily injury and damage to property. Each pedicab operator would also need to
be licensed by the Police Department, which follows the path of taxicab operators, and includes a background check. lf she is
giving tours, she may need a tour guide license. Ms Besse has also requested brown bagging of beverages on the vehicle. The
Director of the ABCC recommends that beverages not be for sale by the operator, and local authorities would need to approve
the open containers on public ways. Ms. Rennard is looking for the Committee's input on this topic: whether we would want
to allow open containers on streets, much like a limo and taxi cabs are allowed to have passengers with open containers.
Councilor Hapwomh asks if our ordinances allow the consumption of alcohol in limousines. Lt. Tucker states that a vehicle for
hire can have consumption. Councilor Sargent asks if this applies to taxi cabs as well. Lt. Tucker and Ms Rennard both think
that this would be allowed under the law.
Ms Paige Besse presents her business plan to the Committee. She is proposing a business called Shift Drink. "pedal pubs"
were invented in the Netherlands and are popular in Europe and in many states in the US. New Haven, Ct; New Orleans,
Louisiana; Savannah, Georgia; Asbury Park, New Jersey are all historic cities much like Salem that enjoy these Pedal pubs.
Springfield and Easthampton are getting ready to launch and Boston is considering these vehicles. This concept is focused on a
sightseeing tour with alcohol, not barhopping. She wants to show off Salem by being a different type of tour, to be enjoyed by
locals and tourists alike. They will employ a "Can Openef who will enforce the rules of the ride. Riders must be 21+ with a
valid lD, all beverages will be turned over to the Can Opener, no nip bottles or glass bottles. Can Openers will act as bouncers
and bartenders at the same time. The vehicle cannot move if the riders are not pedaling, so she has no incentive to overserve.
She wants to include punto Urban Art Museum, Winter lsland, Derby Street, The Willows, Hawthorne Blvd, Essex St Pedestrian
Mall, and focus on local restaurants and other attractions. The bike seats 12 peddlers and 3 passengers on a bench in the back,
a driver and "Can Opener". The vehicle has a pedal assist, 2 headlights, turn signals, brake lights, horn, and has
grab bars and
seat backs for each peddler. She would utilize the Creative Collective for promotion. Restaurant owners have written in
support of the concept. She is looking for support and approval'
Councilor Dominguez think this is a great idea. He asks about the hours of operation. Also, is this expected to operate in the
bike lanes? How many bikes? And finally, how fast does the vehicle go? Ms Besse states that tours begin at llAM, and the
last will finish by 8:30pM to respect noise ordinances and neighborhoods. They will be avoiding major intersections, so may
not need the bike lane. Most streets do not have full bike lanes. The bikes can operate up to 20 MPH, but most operate
between 12 and 18 MPH. She feels this works within the city speed limits and wants to avoid congestion on the streets. She is
permitting for one vehicle and is open to adding more, especially in the October tourist season. She does not want more than
three though.
Councilor Morsillo asks about the size of the vehicle compared to the Trolly. Ms Besse says it is comparable to a Chevy Tahoe
Truck, much smaller than the Trolley.
Councilor Sargent thinks it looks like it would be fun. He questions the route, and whether Derby Street would cause
congestion shuations behind the bike. He wonders how backed up cars will be mitigated. Ms Besse thinks the use of the assist
will help in some situations. Councilor Sargent thinks going 12 MPH down Derby Street will cause real frustration from drivers,
especially during busy times. Ms Besse says that they can pull over into the House of Seven Gables for instance and is willing
to work to find the best route for all.
Councilor Turiel does not think that one vehicle like this will create a lot of problems on the city streets. lf we end up with a
fleet of them, it could be an issue. He likes the general idea of it and likes the fact that we may be trying something new. The
Tiki Hut boat is another example of a creative activity that required an alcohol license.
Councilor Morsillo asks Lt. Tucker about the route and where his concerns are. He does have some concerns with Derby
Sgeet, which is narrow, but the speed limit is 20 MPH there. Fort Ave in the travel lane could be tricky, and the vehicle may be
too large for the bike lane. The route shows use of the pedestrian mall, which is tricky. The turn onto Central street is steep.
The question is how long.cars will be stuck behind the vehicle. He spoke to police in Minnesota and New Haven, Ct. They have
had mixed success. Minnesota had some noise complaints, though New Have did not. This may be an issue in Salem. They
want to make sure passengers on the vehicle are safe from drivers and are uninjured if the vehicle is hit.
Councilor prosniewski is pondering the liquor issues. He wants to make sure this business does not get special treatment' You
cannot walk down the street with an open container, but this vehicle could alloW it. This is a minor concern. He asked why
these streets were chosen for the route. Ms Besse states that she wanted to highliSht the restaurant experiences in the
downtown area, close to other attractions. Councilor Prosniewski thinks the traffic issues could be mitigated by adding cut-
outs like pulling into Blaney Street, and the House of Seven Gables lot, and use Forrester Street instead of Essex Street to
approach the Common. The route can be worked out. We need to codify the liquor issues.
Councilor McCarthy states concerns with the route, and that it is the first time he is seeing it. Fort Ave has the highest speed
limit in the city and the vehicle would really slow down traffic. The route to Winter lsland would run into trucks with trailers
for boats. Memorial Drive is very narrow and if people park on the road, it is a real problem. Essex Street will not be able to
handle the vehicle. He is not averse to the concept and avoiding major intersections but has real concerns about the Derby
Street to Winter lsland and the Willows part of the route. Pulling into Pickering Wharf and the House of Seven Gables would
require permission because it is private propert!. Ms Besse wants to clarifo that it is much smaller than the trolley, more
narrow and shorter than the trolley. tt is 18 feet long 7.5 feet wide and 9 feet tall. The trolley operates in all these places with
no issues, though it does go faster, with a motor. She is open to discussing the route further.
Councilor McCarthy asks what kind of amplification is being used. Ms Besse states that this will not be a tour like other tours in
Salem. They are not teaching history. The Can Openers will be trained to know some fun facts about different locations.
There will be music from a small stereo. Essentially a low car stereo.
Councilor Hapworth thinks this is an interesting idea and provides another activity that is not a ghost tour. He shares the
concerns about Fort Ave, and encourages keeping the vehicle closer to downtown, and possibly include Chestnut Street, which
is very wide. He asks what Ms Rennard thinks about the consumption of alcohol, since this is a vehicle for hire. Ms Rennard
says that she spoke to the ABCC and that this is a local issue to be considered as a special condition. lf it is the will of the
committee to support the idea, they will go back and work on the route and the alcohol issues. Councilor Hapworth doesn't
want people standing on a street corner drinking, but this is people contained on a vehicle.
Councilor Sargent asks Ms Rennard about the special condition for this vehicle and whether it would mean everyone would be
granted the special condition. She states that this is only for a vehicle for hire. He asks about the traditional pedicabs, liveries,
taxis, golf carts. She states that if they get a vehicle for hire license, open containers would be allowed. He does not think
limousines have permission from the City council for open containers. Once we give someone an official license, we will run
into issues of equal opportunity, which may not be what we want. How will we deal with this? He is worried about too much
open container allowances. He thinks this is a fun idea though. He also thinks that if the vehicle goes down the pedestrian
mall, every other type of vehicle for hire would get permission to use the pedestrian mall. Once we open it up, we would have
a lot of applications.
Councilor Morsillo states that pedicabs are not allowed on the Essex Street Mall in Section -55(c). Ms Rennard agrees that
the route will need to take this into consideration. Councilor Morsillo asks about the need for seatbelts in pedicabs. Ms Besse
states that seatbelts are cumbersome on these vehicles because it can hinder you when you try to adjust your weight or right
yourself. The grab bars are a better for leverage and safety. There is also a running track board, so there is no falling onto the
street, Ms Rennard advises that if this is approved the seatbelt mechanism would need to be approved by the Police
Department, in this unique situation, to keep passengers safe. The current ordinance was written for the traditional pedicabs
and may not be pertinent for these vehicles.
Councilor Dominguez asks if the City is liable in an accident. Ms. Rennard states that the Ordinance requires that the City be
named additionally insured in the policy for any injury. Road defect claims would be subject to the $5,000 cap for
municipalities, and that it would be subject to notification of the defect. lf someone fell off the vehicle, we are requiring that
the City be additionally insured for these cases.
Councilor Dominguez asks what the cost will be. Ms. Besse thinks it will be Szs/ticket. ln addition, there will be industry days
for restaurant staff to rent the whole vehicle, for instance. To book the whole bike, it would be about 5300.
Public Comment
Lev McClain, 22 Albion St. He thinks this is a good idea and has used them in other cities. He likes the idea of a Salem resident
launching a business like this, instead of an outside corporate entity. He is less concerned about the impact on traffic. The city
can help small businesses thrive. He hopes it moves forward.
Jennifer Lajoie, 25 Beckett Street. Jennifer think this is a great idea.
End of Public Comment
Councilor Dominguez moves to keep this in committee to hear from the City Solicitor about clarification of outstanding issues
He thinks the route needs to be redesigned. Seconded by Councilor Prosniewski.
Councilor Sargent can support a tour like this with the right route, a route that the Ward 1 Councilor can support. He also
needs to understand more about the implications of the liquor license.
Councilor Prosniewski thinks this just needs fine tuning, there are not major hurdles here.
Councilor Hapworth wonders whether we should pre-define routes and areas to avoid. Ms Simons stated that it has been
quite some time since an issue like this has come up. lt could be a disctrssion for the Council to close off streets for future
vehicles for hire. She thinks that taking it on a case-by-case basis may be enough. To have a complete application, there needs
to be a set, approved route.
Councilor Morsillo strongly urges Ms Besse to work with Councilors Madore and McCarthy as well as Lt. Tucker to come up
with an acceptable route.
Councilor McCarthy states that there is precedence for setting routes, for Segways and scooters.
Councilor Sargent wants to know if this needs to go before the licensing board. Ms Rennard states that this is being looked
into. The ABCC says that it does not because there is no set location. The licensing board permits an address.
Ms Simons states that she can pull up the routes that have been approved in the past for other vehicles for hire and distribute
them to the Committee.
Motion passes 5-0. The item remains in Committee.
f532 Amending Resident Sticker Parking Program
Councilor Morsillo begins by reviewing the items that the Committee came to consensus on at the April 29, 2021 meeting.
(Note: OLLA agreed to keep the number of guest passes at 2 during this meeting.)
o Allow a parking permit for every car, not limit resident permit parking to 2 per dwelllng unit.
o Create more conilol over guest passes, decreasing the number to 1 per dwelling unit and limiting the period of use to
4 - 5 days.
o Rethink the parking zones to better control parking issues.
. Approve the gender-neutral language, removing the Collectors Office from the process, adding language for students
at any institution as well as active military and the language that the Planning Department "recommends" to the
Council, while the Council approves changes.
o Special cases for parking permits will be considered by the Parking Department and Police Department in consultation
with the Ward Councilor.
Mr. Kucharsky explains that the Traffic and Parking Department has submitted new language to reflect the items above: 1
guest pass per dwelling unit, at S30 per year, valid for 6 consecutive days. The ordinance already included that the address of
the owner will be written on the guest pass. He also pointed out that there are two new areas of Permit Parking at the end of
the proposal.
Councilor McCarthy asks about the price of the Buest pass (S30) ana the enforcement period. Mr Kucharsky states that the 5-
day period came from the Committee but is still not a guarantee that enforcement will be done regularly. He explains that
Resident Permits will be SS/year instead of 5LOl2 years. This is to keep better control over the permits.
Councilor McCarthy asks how close we are to a technology solution to parking, using a plate reader for enforcement. lt will
make enforcement by the department so much easier and doable. There needs to be a non-technology solution as well for
those who do not have a smart phone to sign up for a guest pass. No matter what we do, it comes down to enforcement of
the ordinance. Mr. Kucharsky states that they have reached out to a few vendors to research their systems and how they tie
into the ticket system for citations. He is hoping to look at this more earnestly during this year and it will involve multiple
departments. lt will assist with the visitor passes, which can be purchased for a few days use and will be tied to the license
plate for enforcement. There is a lot of flexibility for special cases that may result in lower or no cost for the guest passes in
the case of end-of-life care, etc.
Councilor Hapworth thinks this is a great way to take care of the commonsense items. He would like to see visitor passes
amended in the future to get them only when needed, and not simply have them by default.
Mr Kucharsky explains that the S30 price for the guest pass was based on the cost of parking in the garage downtown, where
most of the passes are used, At the Museum Place garage, to park for 24 hours, the price is S30. ln the South Harbor garage, it
is $36 on the weekend.
Councilor Sargent is concerned about going from $1 to S30 for a guest pass. Mr. Kucharsky states that they are trying to stop
the abuse of the visitor passes and make residents think more about using guest passes. He also states that the current passes
are valid untilthey expire then the new prices would be in effect.
Councilor Prosniewski asks how a street can be removed from the list if they no longer want resident parking restrictions. Mr
Kucharsky points out the section on modifying resident parking. He also states that there are some streets designated as
resident only, where no residents have purchased a permit, because they have driveways. There are probably other ways to
regulate parking on those streets. The Department would require the majority of the street to support reverting back to non-
resident parking.
Councilor McCarthy asks what percentage of residents is required to get resident only parking and what percentage to remove
it. He has heard 90% used.
Councilor Madore states the need to make changes and move this forward. This has been in Committee for a few years now.
Putting the guest pass price in perspective, S30 over a year is a few cents per day. Parking in a garage for 24 hours is $30. That
makes the guest pass valuable, even at S30.
Councilor Sargent thinks we need more enforcement of the guest passes instead of penalizing the residents who are using
them properly. Councilor Prosniewski think the price will help with more careful use of the guest pass. He is open to a second
guest pass being available for a price.
Councilor Hapworth states that this is a good way foruvard and will positively impact the parking issues. We should not assume
people are doing the wrong thing, but this has been pointed to by residents as an issue.
Councilor Mctarthy asks how enforcement determines whether a car is in the general vicinity of the address on the guest pass.
Lt. Tucker states that the Police do enforcement differently than the Traffic Department. He says they are reactive to parking
complaints, not proactive. The police will need to make a determination if the car is within a reasonable area or is on the other
side of the city. The guest pass uses an antiquated system that has holes in it which may be leading to more abuse.
Mr. Kucharsky states that the zones need to be updated to make more sense, by neighborhood instead of Ward boundaries.
This will be addressed after these amendments are passed.
Councilor Sargent agrees the zones are too large. He wonders if just the street can be printed on the guest pass instead of the
address. This is to avoid conflict with neighbors. Councilor Morsillo likes the address on the guest pass for accountabiliW. We
are trying something new to address the issues of enforcement of guest passes.
Councilor Prosniewski agrees with the address on the guest pass, for enforcement purposes as well as accountability.
Councilor Sargent agrees to keep the full address on the guest pass.
Councilor Dominguez thinks the price should be $30 for the first guest pass and a reduced price of 520 or S25 for the second.
His argument is that in business, when you buy in quantity, you pay less.
Councilor Mccarthy thinks it should be cheaper for the first pass and more expensive for the second, maybe $10 and $20.
Councilors Hapworth and Prosniewski agree that the price should increase with additional guest passes. Councilor Prosniewski
states that we are trying to discourage increased parking in these areas, no one should be getting a bargain for more cars on
the street. The Committee agrees on a higher cost for the second guest pass.
The Committee agrees on allowing 2 guest passes.
Public Comment.
Lev McClain, 22 Albion St. He wonders if issuing passes on shorter terms, like quarterly or half year basis, can be done.
Councilor Morsillo states that this is an interim phase until we have a technology-based solution, which will allow guest passes
to be purchased for a set number of days, as needed. Mr. Kucharsky adds that from a staffing point of view this approach of a
quarterly or half year pass would be too much.
End of Public Comment
The Committee agrees to S10 for the first guest pass and SZ0 for the second guest pass per year
Councilor Hapworth moves to have 2 guest passes per year at a price of $10 for the first and S20 for the second guest pass per
year, seconded by Councilor Dominguez. Passes 5-0.
The Committee goes through the changes page by page, for approval.
The first change is to change all instances of Clty Collector to Director of Trafflc and Parking. Motion by Councilor Dominguez,
seconded by Councilor Prosniewski. Passes: 4-1 (Sargent against)
The second change is all of the gender-neutral language. Motion by Councilor Hapworth, seconded by Councilor Sargent.
Passes 5{.
"Procedures for Designating or Modifoing a Street within a Resident Parking Zone The Traffic and Parking Commission shall
recommend policies for designating and modifuing resident sticker parking zones. These shall include accepting petitions from
residents and in coordination with the Ward Councillor, making recommendations to the City Council for approval." Motion by
Councilor Prosniewski, seconded by Councilor Hapworth. Passes 5-0.
Change of eligibility from Salem State College Students to College and Universi{ students. Motion by Councilor Dominguez,
seconded by Councilor Hapworth. Passes 54.
"Eligibility of Active Duty Military Personnel: A resident sticker permit shall be issued to active duty military personnel living in
Salem with proof of a residential lease andlor utility bill in the individual's name for a residence in one of the zones
aforementioned and street hereinafter mentioned, verification of active duty military status, and vehicle registration,
regardless of where the vehicle is registered." Motion by Councilor Dominguez, seconded by Councilor Sargent. Passes 5-0.
"The City's Police Department and Traffic and Parking Department shall be responsible for enforcement of the ordinance."
Motion by Councilor Hapworth, seconded by Councilor Dominguez. Passes 5-0.
"Visitor Parking Permits: The Traffic and Parking Department shall also be in charge of issuing no more than 2 portable visitor
Parking Permits per dwelling unit, as defined in Section 10 of the City's Zoning Ordinance, excluding College and University
Student Resident Parking permit holders as defined in sub-section A above, that shall be used for visitors of the residents of
the area." Motion by Councilor Dominguez, seconded by Councilor Hapworth. Passes 5-0.
"Fees: The fee for each resident Parking Sticker shall be 55.00 and shall be valid for one year. ... The fee for the first Visitor
Parking Permit shall be $t0 and the second shall be $20 and shall be valid for one year, Motion by Councilor Dominguez,
seconded by Councilor Hapworth. Passes 5-0.
Councilor Prosniewski moves to waive the fee for Active Duty Military Personnel with non-Salem vehicle registration.
Seconded by Councilor Sargent. "Fees for Active Duty Military Personnel with non-Salem vehicle registration: the fee for each
Resident Parking Sticker issued to active duty military personnel living in Salem with non-Sale vehicle registration and eligible
for such a Permit shall be waived and shall be valid for a period of one year, provided that the owner of the vehicle continues
to be domiciled within the zone indicated on the resident parking permit. ln the event the owner of the vehicle is domiciled
outside the zone indicated, the resident parking permit shall be considered null and void." Passes 5-0.
Street List Additions
"Essex Street - Parking Prohibitions Towing Zone (Resident Sticker) - Zone C - Color Green - From a point beginning fifty feet
east on Orange Street to Carlton Street, 7:00am to 9:30am, but no visitor passes shall be issued."
Councilor McCarthy asks about the Essex Street parking prohibition, which is only from 7:00 AM - 9:30 AM. He points out that
the streets referenced are in Ward 1, but this only allows parking on the Ward 2 side of the street. Mr. Kucharsky states that
the intent is to keep employees of downtown businesses from parking in this area for the whole day. Councilor McCarthy
thinks this really needs to include both zones, as residents who live acrsss the street would not be able to park here.
Councilor Sargent moves to remove the Essex Street parking prohibition from this group of amendments, seconded by
Councilor Hapworth. Passes 5-0.
"Derby Street - Parking Prohibitions Towing Zone (resident Sticker) - Zone A - Color Blue - From lndia Street to Webb Street,
6:00pm to 8:00am, but no visitor passes shall be issued." Motion by Councilor Hapworth, seconded by Councilor Prosniewski
Passes 5-0.
Councilor Hapworth moves to refer this to the Council, as amended, with a positive recommendation for approval, seconded
by Councilor Dominguez. Passes 5-0.
On the motion of C. Sargent the meeting adjourned at 9:12 P.M.
%*r"--- {,{rd"rA
(Chairperson)
Agenda
City of Salem, Massachusetts
Office of the City Clerk
Ilene Simons Room 1
City Clerk City Hall
May 11, 2021
MEETING NOTICE AND AGENDA
The City Council will meet on Thursday, May 13, 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
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Watch meeting live on SATV on Channel 22.
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CITY OF SALEM
MAY 13, 2021
CITY COUNCIL REGULAR MEETING
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. If wishing to speak during public
hearings designated on the agenda, you may raise your hand.
Very truly yours,
ATTEST: ILENE SIMONS
CITY CLERK
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“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
MAY 13, 2021
CITY COUNCIL REGULAR MEETING
A Regular Meeting of the City Council is being held remotely on Thursday, May 13,
2021 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this
meeting was posted on May 11, 2021 at 1:46 P.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.
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Due to Governor Baker’s Emergency Order stated above, anyone wishing to
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4
CITY OF SALEM
MAY 13, 2021
CITY COUNCIL REGULAR MEETING
HEARINGS
Continued from the February 11, 2021 meeting.
ORDERED: Verizon Wireless to install Telecommunications on Bridge St.
APPEARING IN FAVOR:
APPEARING IN OPPOSITION:
Action Contemplated
Councillor Riccardi Moved to keep the Public Hearing Yeas Nays Absent
Open until June 10, 2021 due to
Continued discussions with the Design
Review Board by RCV
5
CITY OF SALEM
MAY 13, 2021
CITY COUNCIL REGULAR MEETING
HEARINGS
ORDERED: Comcast to install Conduits on First St.
APPEARING IN FAVOR:
APPEARING IN OPPOSITION:
Action Contemplated
Councillor Morsillo Moved to close the Public Hearing Voted
Councillor Morsillo Moved Granted by RCV Yeas Nays Absent
6
CITY OF SALEM
MAY 13, 2021
CITY COUNCIL REGULAR MEETING
APPOINTMENTS AND REAPPOINTMENTS
Held from the last meeting, The Mayors appointment of Anna Freedman to the position
of City Finance Director/Auditor with term to expire January 31, 2023.
Action Contemplated
Councillor Hapworth Confirmed by RCV Yeas Nays Absent
Held from the last meeting, The Mayors appointment of Amanda Chiancola to the
position of Assistant Planning Director with term to expire January 31, 2022.
Action Contemplated
Councillor Hapworth Confirmed by RCV Yeas Nays Absent
Held from the last meeting, The Mayors appointment of Matt Veno to the Salem
Contributory Retirement Board with term to expire March 24, 2022.
Action Contemplated
Councillor Hapworth Confirmed by RCV Yeas Nays Absent
7
CITY OF SALEM
MAY 13, 2021
CITY COUNCIL REGULAR MEETING
APPOINTMENTS AND REAPPOINTMENTS
The Mayor’s appointment of Rachel Blaisdell to the position of Assistant Treasurer with
a term to expire January 31, 2023.
Councillor Suspension of the Rules Councillor Objection
Action Contemplated
Councillor Hapworth Held under the Rules Voted
Until the next meeting
The Mayor’s appointment of Milo Martinez to the Historical Commission with a term to
expire April 11, 2022.
Councillor Suspension of the Rules Councillor Objection
Action Contemplated
Councillor Hapworth Held under the Rules Voted
Until the next meeting
The Mayor’s re-appointment of Barbara Sirois to the Beautification Committee for a term
to expire May 24, 2024.
Action Contemplated
Councillor Turiel Confirmed by RCV Yeas Nays Absent
8
CITY OF SALEM
MAY 13, 2021
CITY COUNCIL REGULAR MEETING
APPOINTMENTS AND REAPPOINTMENTS
The Mayor’s re-appointment of Sobieda Javier to serve as a Constable with a term to
expire April 26, 2024.
Action Contemplated
Councillor Morsillo Moved Received and Filed Voted
9
CITY OF SALEM
MAY 13, 2021
CITY COUNCIL REGULAR MEETING
COMMUNICATIONS FROM THE MAYOR
An Ordinance amending outdoor cooking appliances, heating equipment and
fireplaces.
In the year two thousand and twenty one
An Ordinance to amend an Ordinance relative to outdoor cooking appliances, heating
equipment and fireplaces.
Be it ordained by the City Council of the City of Salem, as follows:
Section I. Article III Fire Prevention Code of Chapter 20 of the Code of Ordinances is
hereby amended by deleting Sec. 20 -129 in its entirety and replacing it with the
following:
“Sec. 20 -129. – Use of solid fuel outdoor patio and space heaters, outdoor
decorative heating appliances and outdoor fireplaces within the city.
a. Unless otherwise provided herein, it is prohibited within the city to use any
outdoor patio or space heater, decorative heating appliance such as a chiminea,
fire pit or outdoor fireplace using solid fuel including charcoal, wood, fuel pellets
or any non-gaseous fuel.
b. Solid fuel campfires shall be permitted at Winter Island Campground within the
confines of the entire park beginning at the main entrance security gate, but not
including the beach, walkway leading to the beach or within the confines of
historic Fort Pickering. Campfires are permitted under the following conditions:
(1) No campfire shall be permitted in any location on Winter Island other than
designated campsites. All fires must be within a proper firepit no larger than
30 inches. Campfires must be kept small and always remain within the
designated firepit.
(2) Bon fires are not permitted.
(3) Only clean, untreated, and non-contaminated wood may be burned. No
construction debris, composite materials, paper, household waste, rubber,
plastic, leaves, pressure treated or painted wood may be burned.
(4) Solid fuel/wood may be sold by Winter Island staff.
(5) No accelerants such as gasoline, oil, or kerosene may be used.
(6) All campfires must be supervised at all times by and adult 18 years and
older.
(7) No campfires are allowed prior to 5 p.m. and all fires must be extinguished
by 11:30 p.m.
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CITY OF SALEM
MAY 13, 2021
CITY COUNCIL REGULAR MEETING
COMMUNICATIONS FROM THE MAYOR
(8) The Winter Island Manager may establish and enforce rules and
regulations governing campfires within the designated campsites on Winter
Island.
c. Fire officials and the Winter Island Manager or their designees are authorized to
enforce this ordinance.”
Section II. This Ordinance shall take effect as provided by City Charter.
Action Contemplated
Councillor Morsillo Moved adoption first passage by RCV Yeas Nays Abs
OR
Refer to Committee on Ord., Lic. & Legal Affairs
ORDERED: The Mayor is hereby authorized, on behalf of the City of Salem, to execute
perpetual easements to SiFi Networks Salem LLC to allow certain encroachments at the
Bridge Street Traffic Circle and 77 Wilson Street, as identified on the attached plans
prepared by High Point Survey and Geospatial Data, which plans are attached hereto.
Final plans and easement shall be in a form approved by the City Solicitor.
Action Contemplated
Councillor Morsillo Moved adoption by RCV Yeas Nays Abs
OR
Refer to Committee on Ord., Lic. & Legal Affairs
11
CITY OF SALEM
MAY 13, 2021
CITY COUNCIL REGULAR MEETING
COMMUNICATIONS FROM THE MAYOR
Resolution: Proclaiming Asian American and Pacific Islander Heritage Month in
Salem
WHEREAS: Salem is a community that is welcoming and inclusive of people of all
ethnicities, backgrounds, races, and identities and all its residents deserved to be
treated with dignity, respect, compassion, and fairness; and
WHEREAS; Close to 1,500 Salem residents are Asian American or of Pacific Island
heritage, including first responders, teachers, tradespeople, business owners,
professionals, and community leaders; and
WHEREAS: Across our nation, Asian Americans and Pacific Islanders have vastly
contributed to our country’s economy, culture, education, government, arts, literature,
science, and technological achievements and advancement, despite numerous
institutional and systemic injustices; and
WHEREAS: Celebrating Asian American and Pacific Islander heritage in May was first
established in the United States in 1978 by a joint congressional resolution; and
WHEREAS: Since March 2020 acts of violence and discrimination against Asian
Americans have increased dramatically across the nation;
NOW THEREFORE BE IT RESOLVED: That the Mayor and City Council of Salem do
hereby declare the month of May for this year and all years henceforth to be Asian
American and Pacific Islander Heritage Month in the City of Salem, Massachusetts,
and encourage all residents to commit themselves to celebrating the special
contributions, history, and heritage of our Asian American and Pacific Islander residents
and to explore the many resources available at asianpacificheritage.gov; and be it
further
RESOLVED: That Mayor and City Council of Salem condemn all acts of violence,
discrimination, and injustice directed toward Asian Americans and Pacific Islanders and
reaffirm that racism, in any form and directed toward any group of people, has no place
in Salem.
Action Contemplated
Councillor Morsillo Moved adoption by RCV Yeas Nays Abs
OR
Refer to Committee on Ord., Lic. & Legal
Affairs co-posted with Comm. of the Whole
12
CITY OF SALEM
MAY 13, 2021
CITY COUNCIL REGULAR MEETING
COMMUNICATIONS FROM THE MAYOR
Resolution: Proclaiming Mental Health Awareness Month in Salem
WHEREAS: Mental health is essential to our overall health and the importance of
attending to mental health has become even more pronounced during the COVID-19
pandemic, which has both exacerbated mental health challenges and imposed new
barriers to treatment; and
WHEREAS; Nearly 1 in 5 Americans – which means between 8,000 and 9,000 Salem
residents – live with a mental health condition or challenge, many of whom may face
stigmas or even discrimination as a result; and
WHEREAS: Mental health challenges have grown substantially, especially among our
youth, in communities of color, and within the LGBTQI+ population, within recent years;
and
WHEREAS: People living with mental health conditions are due our compassion,
respect, understanding, and support as their friends, families, and neighbors, as well as
our commitment that they can safely and affordably access quality, evidence-based
mental health care services; and
WHEREAS: Salem has been a leader in prioritizing support for mental health care,
including through the Our Salem, Our Kids initiative to bolster social and emotional
supports for Salem children, the expansion of mental health, psychiatric, and behavioral
health services at Salem Hospital, and the addition in 2011 of a mental health clinician
at the Salem Police Department, which will be expanded to additional clinicians in the
coming year;
NOW THEREFORE BE IT RESOLVED: That the Mayor and City Council of Salem do
hereby declare the month of May for this year and all years henceforth to be Mental Health
Awareness Month in the City of Salem, Massachusetts, and encourage all residents to
commit themselves to caring for and respecting those in our community who live with mental
health conditions, increasing awareness and understanding of mental health care in general,
and supporting efforts to improve access to appropriate mental health services for those in
need of such services.
Action Contemplated
Councillor Morsillo Moved adoption by RCV Yeas Nays Abs
OR
Refer to Committee on Ord., Lic. & Legal
Affairs co-posted with Comm. of the Whole
13
CITY OF SALEM
MAY 13, 2021
CITY COUNCIL REGULAR MEETING
MAYOR’S INFORMATIONAL PAGE
NONE
14
CITY OF SALEM
MAY 13, 2021
CITY COUNCIL REGULAR MEETING
MOTIONS, ORDERS AND RESOLUTIONS
Councillor Turiel
ORDERED: That the FY2021 monthly February 2021 report be received and filed
Action Contemplated
Councillor Turiel Moved Adoption Voted
Councillor Riccardi
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:
Orne Street – One Handicapped Parking Space to be added in front of #44 Orne Street,
for the distance of twenty (20) feet.
Section II. This Ordinance shall take effect as provided by City Charter.
Action Contemplated
Councillor Riccardi Moved Adoption for First Passage by RCV Yeas Nays Abs
15
CITY OF SALEM
MAY 13, 2021
CITY COUNCIL REGULAR MEETING
MOTIONS, ORDERS AND RESOLUTIONS
Councillor McCarthy
ORDERED: The parking rates for the location identified below shall be $1.00 per hour:
Fort Avenue – Parking Meter Zones Established – southeasterly side beginning at Bay
View Avenue for a distance of five hundred ninety (590) feet. Two (2) hour parking. April
1 to October 31. Monday through Sunday, 8:00am to 8:00pm.
Action Contemplated
Councillor McCarthy Moved Voted
Councillor McCarthy
In the year Two Thousand and Twenty One
An Ordinance Relative to Traffic
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Section 51 of Article V shall be amended by repealing the following:
Fort Avenue – Parking Prohibited on Certain Streets – from Bay View Avenue to Island Road
southeasterly side.
Section 2. Section 51 of Article V shall be further amended by adding the following:
Memorial Drive – Parking Prohibited on Certain Streets – southwesterly side between
Restaurant Row and Fort Avenue.
Section 3. Section 51B of Article V shall be amended by repealing the following:
Fort Avenue – Parking Prohibited at Certain Times on Certain Streets – both sides between
Memorial Drive and Columbus Avenue. Two (2) hour parking).
Fort Avenue – Parking Prohibited at Certain Times on Certain Streets – southerly side, at the
intersection of Bayview Avenue and running in an easterly direction for a distance of five
hundred and ninety (590) feet. Fifteen (15) minute parking.
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CITY OF SALEM
MAY 13, 2021
CITY COUNCIL REGULAR MEETING
MOTIONS, ORDERS AND RESOLUTIONS
Section 4. Section 56 of Article V shall be amended by adding the following:
Fort Avenue – Parking Meter Zones Established – southeasterly side beginning at Bay View
Avenue for a distance of five hundred ninety (590) feet. Two (2) hour parking. April 1 to October
31. Monday through Sunday, 8:00am to 8:00pm.
Section 5. Section 75 of Article V-A shall be amended by repealing the following:
Fort Avenue – Parking Prohibitions Towing Zone (Resident Sticker) – ZONE A, COLOR BLUE,
in a northerly direction, from Columbus Avenue to Bay View Avenue. Resident Sticker Parking,
Tow Zone.
And replacing it with:
Fort Avenue – Parking Prohibitions Towing Zone (Resident Sticker) – ZONE A, COLOR BLUE,
from Columbus Avenue to Bay View Avenue, southeasterly side. Resident Sticker Parking, Tow
Zone.
Section 6. This ordinance shall take effect as provided by City Charter.
Action Contemplated
Councillor McCarthy Moved Adoption for First Passage by RCV Yeas Nays Abs
OR
Refer to the Comm. on Ord., Lic. &
Legal Affairs
17
CITY OF SALEM
MAY 13, 2021
CITY COUNCIL REGULAR MEETING
COMMITTEE REPORTS
Councillor Morsillo offered the following report for the Committee on Ordinances,
Licenses and Legal Affairs co-posted with the Committee of the Whole to whom
was referred the matter of Ordinance amending Short Term Rentals has
considered said matter and would recommend (action unknown, meeting held
after agenda deadline)
Accept the Report Voted
Adopt the Recommendation Voted
Councillor Morsillo offered the following report for the Committee on Ordinances,
Licenses and Legal Affairs co-posted with the Committee of the Whole to whom
was referred the matter of Gender-Neutral Language Ordinance has considered
said matter and would recommend (action unknown, meeting held after agenda
deadline)
Accept the Report Voted
Adopt the Recommendation Voted
Councillor Morsillo offered the following report for the Committee on Ordinances,
Licenses and Legal Affairs co-posted with the Committee of the Whole to whom
was referred the matter of Amending Resident Sticker Parking Program has
considered said matter and would recommend the matter remain in Committee.
Accept the Report Voted
Adopt the Recommendation Voted
18
CITY OF SALEM
MAY 13, 2021
CITY COUNCIL REGULAR MEETING
COMMITTEE REPORTS
Councillor Riccardi offered the following report for the Committee on Public
Health, Safety and Environment co-posted with the Committee of the Whole to
whom was referred the matter of Petition from Steve Kapantais to address the
City’s compliance to ADA Law and the recently released transition report has
considered said matter and would remain in Committee.
Accept the Report Voted
Adopt the Recommendation Voted
Councillor Riccardi offered the following report for the Committee on Public
Health, Safety and Environment co-posted with the Committee of the Whole to
whom was referred the matter of meeting with the Friends of the Common to
discuss plans and fundraising for the maintenance and repair of the interior has
considered said matter and would recommend the presentation be received and
filed.
Accept the Report Voted
Adopt the Recommendation Voted
Councillor Riccardi offered the following report for the Committee on Public
Health, Safety and Environment co-posted with the Committee of the Whole to
whom was referred the matter of PACE Resolution has considered said matter
and would recommend Adoption.
Accept the Report Voted
Adopt the Recommendation
By RCV Yea Nay Abs
19
CITY OF SALEM
MAY 13, 2021
CITY COUNCIL REGULAR MEETING
COMMITTEE REPORTS
Councillor Dominguez offered the following report for the Committee on
Community and Economic Development co-posted with the Committee of the
Whole to whom was referred the matter of meeting with the SRA to discuss
updates on the Courthouse and the Crescent Lot, has considered said matter
and would recommend the update be received and filed
Accept the Report Voted
Adopt the Recommendation.
By RCV Yea Nay Abs
20
CITY OF SALEM
MAY 13, 2021
CITY COUNCIL REGULAR MEETING
COMMUNICATIONS FROM CITY OFFICIALS
NONE
21
CITY OF SALEM
MAY 13, 2021
CITY COUNCIL REGULAR MEETING
PETITIONS
A petition from National Grid to install a Conduits on First St.
Hearing Ordered on May 27, 2021
The Following License Applications:
PUBLIC GUIDES: Daniel Berger-Jones 7 School St Pl. Boston
Kali Orna 52 Homefair Dr. Fairfield, CT
Geoff Van Wyck 29 High St. Marblehead
Donald Warnock Jr. 1 Fortune Way, Salem
Elaina Vrattos 1 Arbella St., Manchester
TAXI OPERATORS: Jose Fabian 196 Loring Ave., Salem
Wildy Tejada 2 Park St., Peabody
Guillermo Javier 32 Rainbow Ter., Salem
Edwin Ventura Ventura 34 Perkins St., Salem
Delta Fabian Gomez 32 Rainbow Ter., Salem
Ramon Rodriguez 100 Lafayette St., Salem
Rafael Moya 407 Essex St., Salem
VEHICLE FOR HIRE Tammy Harrington 48 Federal St., Beverly
OPERATORS ONLY Roger Fruggiero 11 Berrywood Ln., Salem
Elizabeth Kauler 28 Goodhue St., Salem
Peter Harrington 28 Goodhue St., Salem
Jeffrey Trott 21B Andrew St., Salem
Action Contemplated
Councillor Morsillo Moved Granted VOTED
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CITY OF SALEM
MAY 13, 2021
CITY COUNCIL REGULAR MEETING
PETITIONS
The Following License Applications:
SEAWORMS: Manuel Silva 80 Northend St., Peabody
Action Contemplated
Councillor Morsillo Refer to Comm. on Ord., Lic. & VOTED
Legal Affairs
The Following Claims:
Lucilia Sprague 364 Essex St., Salem
Abigail Wirling 15 Winfing Brook Dr., Berwick, ME
Action Contemplated
Councillor Morsillo Moved referred to the Comm. on VOTED
Ord., Lic. & Legal Affairs
The Following Bonds:
CONSTABLE: Sobeida Javier 147 Spruce St., Lawrence
Action Contemplated
Councillor Morsillo Refer to Comm. on Ord., Lic. & VOTED
Legal Affairs and returned approved
23
CITY OF SALEM
MAY 13, 2021
CITY COUNCIL REGULAR MEETING
UNFINISHED BUSINESS
Councillor Morsillo
In the year Two Thousand and Twenty One
An Ordinance to amend an ordinance relative to accessory dwelling units.
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.
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, 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.”
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CITY OF SALEM
MAY 13, 2021
CITY COUNCIL REGULAR MEETING
UNFINISHED BUSINESS
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 and 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.”
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 principal dwelling.
Such a use is incidental and subordinate in size 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.
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CITY OF SALEM
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UNFINISHED BUSINESS
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.
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. Be accompanied by a letter of intent signed by the homeowner(s)
and 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.
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C. The affordable accessory dwelling unit shall not be considered a dwelling unit
for the purpose of Section 5.1 Required Parking.
D. The affordable accessory dwelling unit shall not result in a net loss of the
total measured caliper inches of private trees on the lot in which the
affordable accessory dwelling unit will be located unless a payment in per
caliper inch of the tree diameter at breast height (DBH) at the prevailing rate
set by the Tree Warden is made to the tree replacement fund.
E. The affordable accessory dwelling unit shall not contain less than 350 square
feet of habitable space.
F. The affordable accessory dwelling unit shall not contain in excess of 900
square feet of habitable space.
G. The affordable accessory dwelling unit shall not exceed 50% of the gross
floor area of the principal dwelling.
H. No more than one (1) affordable accessory dwelling unit shall be permitted
for each principal dwelling unit and 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, either the principal or accessory unit created therein, 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, or a purchase
and sales agreement and for whom the dwelling shall be the primary
residence as evidenced by voter registration, tax return or other
documentation demonstrating primary residence. Owner occupancy is
required for an affordable accessory dwelling unit to be permitted.
I. An affordable accessory dwelling unit shall not be permitted in a building with
five (5) or more units.
J. Electricity, water, oil and gas shall be provided by a single service to both the
affordable accessory dwelling unit and the principal dwelling, and included in
the rent.
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. All stairways to the affordable accessory dwelling unit above the first floor
shall be located on the rear or side of the dwelling.
M. The affordable accessory dwelling unit shall not contain more than two (2)
bedrooms.
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N. The affordable accessory dwelling unit shall be clearly subordinate in use,
size and design to the principal dwelling.
O. 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.
P. 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.
Q. 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.
R. 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.
S. Short term rentals, as defined in Salem Code of Ordinances Chapter 15, are
prohibited in the accessory dwelling unit.
T. 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 thirty (30) days 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.
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CITY COUNCIL REGULAR MEETING
UNFINISHED BUSINESS
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.
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.
Principal dwelling unit: A dwelling unit permitted as a principal residential use under
Section 3, Table of Principal and Accessory Use Regulations. By way of example a
single-family home permitted pursuant to Section 3 shall comprise of one principal
dwelling unit, whereas a two-family home permitted pursuant to Section 3 shall
comprise of two principal dwelling units. An accessory dwelling unit shall not be
considered a principal dwelling unit.
Section 5. This Ordinance shall take effect as provided by City Charter.
Action Contemplated
Councillor Morsillo Moved adoption for second passage by RCV Yeas Nays Abs
29
CITY OF SALEM
MAY 13, 2021
CITY COUNCIL REGULAR MEETING
UNFINISHED BUSINESS
Councillor Morsillo (the following 3 traffic ordinances)
In the year two thousand and twenty-one
An Ordinance to amend an Ordinance relative to Traffic, Parking Prohibited,
Certain Times on Certain Streets
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 51B, is hereby amended by repealing the following:
Repeal – Directly in front of #60 Essex Street, for a distance of forty (40) feet,
thirty (30) minute parking, 8:00 A.M. to 6:00 P.M. (10/20/99)
Section 2. This Ordinance shall take effect as provided by City Charter.
--------------------------------------------------------------------------------------------------------------------
In the year two thousand and twenty-one
An Ordinance to amend an Ordinance relative to Traffic, Stop Sign
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 49, Obedience to Isolated Stop Signs, is hereby
amended by adding the following:
Appleton Street, northwesterly bound traffic on Appleton Street at Liberty Hill
Avenue
Section 2. This Ordinance shall take effect as provided by City Charter.
-----------------------------------------------------------------------------------------------------------------
In the year two thousand and twenty-one
An Ordinance to amend an Ordinance relative to Traffic, Stop Sign
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 49, Obedience to Isolated Stop Signs, is hereby
amended by adding the following:
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CITY OF SALEM
MAY 13, 2021
CITY COUNCIL REGULAR MEETING
UNFINISHED BUSINESS
Liberty Hill Avenue, northeasterly bound traffic on Liberty Hill Avenue at
Appleton Street
Section 2. This Ordinance shall take effect as provided by City Charter.
Action Contemplated
Councillor Morsillo Moved Adoption for Second Passage by RCV Yeas Nays Abs
On the motion of Councillor the meeting adjourned at P.M.
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