City Council

CITY OF SALEM APRIL 16, 2025 JOINT PUBLIC HEARING A Joint Public Hearing of the Salem City Council and the Planning Board was held in the City Council Chambers, City Hall, 93 Washington Street, 2nd floor, Salem, MA on Wednesday, April 16, 2025, at 6:30 P.M. in accordance with Chapter 40A, Section 5, of the Massachusetts General Laws for the purpose of discussing three (3) Zoning Ordinance Amendments relative to Flood Hazard Overlay District (FHOD), Accessory Dwelling Units (ADUs), and Halloween Overlay Parking, summarized below: Notice of this hearing was posted on April 9, 2025, at 10:35 A.M. and advertised in the Salem News on April 2, 2025, and April 9, 2025. Absent were: Councillor Davis The meeting was called to order at 6:35 pm. Councillor Prosniewski presiding. The following Planning Board Members were present: Chair Kirt Rieder, Helen Sides, Zach Caunter, Jonathan Berk, Vice Chair Sarah Tarbet, Tom Furey, Josh Turiel Absent: Carole Hamilton Also, in attendance were: Mayor Pangallo, Amanda Chiancola, Deputy Director of Planning and Community Development, Tom Devine, Senior Planner, Christina Hodge, Deputy Director of Transportation, and Robyn Lee, Planner SUMMARY OF THREE (3) ZONING ORDINANCES #135 – FLOOD HAZARD OVELY DISTRICT (FHOD) Amend Sec. 8.1, Flood Hazard Overlay District (FHOD) as follows to comply with Mass. Flood Hazard Management Program and maintain the City’s participation in the National Flood Insurance Program (NFIP). In Sec. 8.1.5 FHOD Boundaries replace reference to 7/19/2018 Flood Insurance Rate Maps (FIRMs) with 7/8/2025, the effective date of the revised FIRMs. Also make de minimis changed to comply with state model ordinance: In Sec. 8.1.5 FHOD Boundaries replace reference to “Essex County” with “Salem,” and remove phrase “most recent.” Within Sec. 8.1.11 FHOD Permit Criteria, subsection 3 Subdivision Proposals/Development Proposals, add provision that “Adequate drainage is provided”, and in Sec. 8.1.11 FHOD Permit Criteria, subsection 4 Recreational Vehicles, add zone “A” to the flood zones to which this subsection applies. Within Section 8.1.11 FHOD Permit Criteria, Subsections 6. Watercourse alterations or relocations in riverine areas and Section 7. Requirement to Submit New Technical Data, remove mailing addresses of NFIP State Coordinator and NFIP Program Specialist.  CITY OF SALEM APRIL 16, 2025 JOINT PUBLIC HEARING Tom Devine, Senior Planner, presented the revision to the FHOD. Changes to reference the map go into effect in July 2025. There will be no changes to flood insurance, residents are still eligible to purchase flood insurance. There are updates to the text of the ordinance. FEMA completed a flood analysis and caused changes to the maps. These changes will go into effect on July 8, 2025. Comments None. Councillor Hapworth moves to close the public hearing. Voted Josh Turiel moves to close the Planning Board public hearing, Tom Furey seconds.Voted Councillor Hapworth moves to refer the matter to the Planning Board for review and recommendation. Voted. #100 – ACCESSORY DWELLING UNITS Amend Sec. 3.1 Table of Principal and Accessory Use Regulations of the City of Salem Zoning Ordinance by deleting in their entirety the two Affordable Accessory Dwelling Unit uses within the Section E Accessory Uses and replacing them with allowing Accessory Dwelling Units (subject to Section 3.2.8) in the RC, R1, R2, R3, B5, and NRCC zoning districts. Amend Sec. 3.2.4 Accessory Buildings and Structures of the City of Salem Zoning Ordinance by 1. inserting the phrase”, excluding accessory dwelling units:” at the end of the first sentence of this section; 2. deleting the phrase “and detached affordable accessory dwelling units” as it appears in the paragraph numbered 4; and 3. deleting in its entirety the paragraph numbered 5, and amend Sec. 3.2.8 of the City of Salem Zoning Ordinance by deleting the section in its entirety and replacing it with an Accessory Dwelling Unit ordinance that complies with the Affordable Homes Act (AHA) (Chapter 150 of the Acts of 2024). The amendment proposes to allow accessory dwelling units as of right, not require a parking space for the accessory dwelling unit, limit the size of accessory dwelling units to 900 square feet or 50% of the principal dwellings gross floor area, whichever is less, require that the accessory dwelling unit to remain in common ownership as the principal dwelling, prohibit accessory dwelling units from being used as short-term rentals, establishes the following setbacks for detached accessory dwelling units: five feet from the side lot line, ten feet from any other building on the same lot or abutting lot, and prohibits accessory  CITY OF SALEM APRIL 16, 2025 JOINT PUBLIC HEARING dwelling units from being in the front or side yard of a corner lot. The amendment provides home owners an option to rent the accessory dwelling unit at 70% of the fair market value, allows lots with five or fewer dwelling units to have one accessory dwelling unit per principal dwelling by way of a special permit per Section 9.4 of the Salem zoning ordinance, restricts the height of the special permit detached accessory dwelling units to 18 feet and requires that lots or principal dwellings that are nonconforming apply for a finding by the Zoning Board of Appeals, acting on a majority vote, that the accessory dwelling unit will not be substantially more detrimental than the existing nonconforming structure to the neighborhood shall be required. On Section 3.1 Table of Principal and Accessory Use Regulations: Amanda Chiancola presents that this amendment will bring the city into compliance with Section 8 of Chapter 150 of the Acts of 2024 as well as continuing to meet the goals of housing supply and the diversity of housing options. Amendments are to the 3.1 Use Table. Comments City Council: Councillor Morsillo - how the regulations are written and what process they go through. Where will single family homes be allowed? Ms. Chiancola says the Executive Office of Housing and Livable Communities (EOHLC) is responsible at the state level. She follows with asking how state regulations come to be? Robin Stein responds that there was a statute passed that included an amendment to the ordinance and that a state agency would make the change. Councillor Varela - that the city has precedent of challenging state law 40A Section 3, exempt uses (i.e., agriculture) and thinks the city will not uphold state law. Councillor Cohen - if Council needs to make changes to the B1 withing the calendar year. Amanda Chiancola says no. Planning Board :  CITY OF SALEM APRIL 16, 2025 JOINT PUBLIC HEARING Tom Furey - that he has had good experiences with accessory dwelling units (ADUS). Josh Turiel - what kind of tax percentage exemptions are there for owners? Will short-term rentals remain prohibited? Amanda Chiancola says that rent restrictions are handled in a future section and not a requirement. Jonathan Berk - participated with the Affordable Homes Act and says that these changes would make it cheaper for homeowners to build. Kirt Rieder - if the Planning Department is looking for Planning Board support for the B1 change. Ms. Chiancola says that this can be discussed tonight or during the Planning Board recommendation discussion. City Council: Councillor Stott - clarification that the change is adding the B5? Amanda Chiancola says that the B5 is not in the ordinance now. Public Comment: Justin Whittier 10 River Street The legislature does not intend it to occur in all single-family zoning districts. This proposal hurts renters in single-family neighborhoods. Steve Kapantais Single-family zoning district definition is too broad to include B5 and B1. Nothing in the legislation or ordinance that affordable units must be rented to someone. Planning Board  CITY OF SALEM APRIL 16, 2025 JOINT PUBLIC HEARING Josh Turiel - lives in a single-family home in the R2, and it could be turned into a two- family. There is a distinction between single-family districts and single-family districts as allowable use. Robin Stein says that the Affordable Homes Act allows the EOHLC to create a legal definition as any district where single-family zoning is allowed. On Section 3.2.4. Dimensional requirements for accessory structures in buildings: These remain, but shift to Section 3.2.8 Five-foot (5’) setback from side lot line; ten-foot (10’) setback to any other building on the same lot or abutting lot; unless specifically set for in the new Section 3.2.8, Section 4.1 applies. Excludes all ADUS from this section. City Council Councilor Watson-Felt – is it necessary to add the phrase “accessory dwelling units?” Amanda Chiancola says no. On Section 3.2.8 Delete and replace Section 3.2.8: Some requirements are revised/added and some remain the same. Rent restriction: Removes required rent cap to align with the Affordable Homes Act; Includes an option for homeowners to restrict ADU rent to 70% FMR. Multiple ADUS: Propose 1 ADU as of right; a lot with five or fewer units may have one ADU per principle dwelling unit via special permit with a max height of 18 feet for detached accessory dwelling units; requirement for the Affordable Homes Act Language for non-conforming lot or building: Section 3 finding Provides data of status of ADU permits as of April 16, 2025 City Council:  CITY OF SALEM APRIL 16, 2025 JOINT PUBLIC HEARING Councillor Watson-Felt - how does this interacts with the short-term rental ordinance and if multiple ADUs are allowed on one property. Ms. Chiancola says that the ordinance states ADUS cannot be short-term rentals regardless of who lives there; short-term rentals are prohibited as both accessory and principal structures in the current ordinance. And how the non-conforming language is legal. Ms. Chiancola responds if the Zoning Board of Appeals (ZBA) votes against it, the ADU proposed will not be allowed to be built. Robin Stein adds that the ZBA only looks at intensifying nonconformity. And that the ZBA can allow by finding with a simple majority or special permit with a super majority, the ordinance currently requires a special permit. Additionally, nothing about the Affordable Homes Act changes 40A Section 6. This language refers to structural changes to accommodate ADUs and the evaluation if for the structural change, not the use. Councillor Cohen - American with Disabilities (ADA) requirements and if that can create a delay. Atty Robin Stein says that this is the statute itself. Councillor Morsillo - 90% of the lots are nonconforming and wonders how this affects homes in the local historic districts. Amanda Chiancola says that the demo delay still applies and that this would be up to the Historical Commission. Councillor Morsillo asks if there is any other zoning that talks about how many trees can be removed? Ms. Chiancola states that there is a tree ordinance but that the language is nowhere else in the ordinance. Councillor Merkl - if there will still be a barrier to everyone applying for this since 90% of the lots are nonconforming. Amanda Chiancola states that nonconformities vary but within the existing footprint, it is less detrimental; but this is not a barrier – in 2025 there are 13 active building permits. Councillor Merkl - concerned about a language barrier – and subject to the opinion of the ZBA.They will ask what the existing non-conformity is and if the owner is increasing that.  CITY OF SALEM APRIL 16, 2025 JOINT PUBLIC HEARING Councillor Harvey - is there is a reason or being non-owner occupied. Amanda Chiancola says that zoning doesn’t dictate owner v. rental, it looks at the use and dimensional standards. This is specific to the state legislation. Planning Board: Chair Rieder - does the ordinance provides a definition of how height is measured. Helen Sides - refers to letter j. and finds it “crazy” that applicants will not find out if they can occupy the structure until the Certificate of Occupancy is issued. Public Comment Justin Whittier 10 River Street Accepting what EOHLC says regarding this law, you are not doing it right now. You are not including b2/b4 or Industrial. The reason you have to is that it says that anywhere you would allow single family use by right or special permit. If you have an existing nonconformity, you can change that by special permit. You aren’t providing for that here. Youa re changing something defined by the state to be defined by a certain district. And you are applying it to every zoning district. This is clearly not what the lgeistlaturelegislature intended. There is confusion too regarding zoning districts. The districts create maximums. This doesn’t me you cannot have a single family in R3. What we are being asked to do is to remove certain restrictions. Yes, the state passed a law wanting to remove prohibitions. They were clear that it was in Single Family use districts. Districts are portions of land that are delineated and put on a map.  CITY OF SALEM APRIL 16, 2025 JOINT PUBLIC HEARING Councillor Morsillo - clarification on zoning for B2, B4, industrial for single family., and R1. Ms. Stein says that there are two types of special permits. s: Use special permit (MGL 40A Sec 9) and procedural special permits. Since in Section 3.3 provides a mechanism for obtaining a procedural special permit, it doesn’t render every district is single family. Phill Laffy Doesn’t think the gate for tax exemption is high enough; 70% of fair market value. The city will lose $2000/month in tax revenue. Would like the 70% to be higher at 50% or 40%. Discourage that the city would want to give away tax revenue for not a lot more affordability. Councillor Hapworth - moved to close the public hearing, Voted Josh Turiel - moves to close the Planning Board public hearing. Voted Councillor Hapworth - moves that the matter be referred to the Planning Board for their review and recommendation. Voted #101 – HALLOWEEN PARKING OVERLAY DISTRICT Amend Section 8.8 HALLOWEEN PARKING OVERLAY DISTRICT by deleting in its entirety and replace by amending Section 5 OFF-STREET PARKING by adding a new section “5.1.11 – Halloween Parking”. The purpose of this section is to allow for additional necessary off- street parking during periods of peak demand associated with the Halloween season. Permitted Uses include a.) each year during the period beginning on the Friday preceding October 1 and ending on the first Monday after October 31, off-street parking spaces located on any lot, except for residential lots located on a street designated for either resident permit parking (Section 75) or October resident parking (Section 75A), may be used for independent public parking. This section applies to all such parking spaces including, for example, a parking lot, driveway or parking garage; b.) the City's Transportation Commission may adopt regulations applicable to this Halloween Parking  CITY OF SALEM APRIL 16, 2025 JOINT PUBLIC HEARING use; and c.) prior to offering any independent public parking under this Section 5.1.11, the property owner or authorized agent, lessee or tenant, shall register the Lot with the Transportation Department using the form provided by the Department and shall pay a $100.00 per lot registration fee. Mayor Pangallo presents and discusses that the current zoning is arbitrary and limited to the B5. The proposal is to make this citywide. It is currently unclear when applications are commercial or residential and enforcement takes considerable staff time (registration system). This would exclude residential streets with residential parking. City Council Councillor Harvey – if residential areas are opened for parking, would there be a time restriction? Mayor Pangallo says there could be regulations. Councillor Merkl - understands getting rid of the arbitrary red line but allowing residential properties to rent out driveways counteracts encouraging fewer cars downtown. Does this create more parking spaces that will need more regulation and enforcement? Not having it for people who have resident parking, but now there is a further complication to regulation. Mayor Pangallo says that this is not trying to make things more car-centric and there is an increase in train ridership, but the reality is that there are many people using cars where there are only 2000-3000 public parking spaces. People are engaging with the use – all tickets last year were based on complaints. Councillor Morsillo - almost all parking downtown is resident parking. Can there be something visible that shows that the parking is approved? Mayor Pangallo says that it could be part of the regulations. Councillor Morsillo asks if the Home Rule Petition had the  CITY OF SALEM APRIL 16, 2025 JOINT PUBLIC HEARING intention of collecting fees on lots used for schools? Mayor Pangallo does not believe this was the intent. Councillor Jerzylo - Ward 1 people can go to Bentley to park but park in the neighborhood. She asks where the fee goes; Mayor Pangallo says it pays for staff time. Councillor Hapworth - the city will never meet the parking need and while we can encourage people to look for a metered space or garage space, we shouldn’t be encouraging them to drive around residential neighborhoods. Councillor Watson-Felt - agrees with Councillor Hapworth and disagrees with legalizing illegal use because it cannot be enforced. Registration doesn’t solve the problem that people will rent spaces. She does like that this is citywide. Would like more bus routes, dedicated times, and restricted parking that is not metered. Mayor Pangallo says that there is an equity of geography. The problem of the previous ordinance is the structure of punishing residents making money in October. Trying to find a structure that will prevent bad behavior and drive policies. Councillor Stott - a draft to be provided to OLLA. Also asks about a tiered structure for pricing. Mayor Pangallo says that it will be a collection of basic information. Councillor Stott states the ordinance helped with cars circulating in North Salem last year and that Franklin Street rented spots. She would like a map of resident only parking. Councillor Varela - says this should be citywide. It is only one month, and it gets cars off the road.  CITY OF SALEM APRIL 16, 2025 JOINT PUBLIC HEARING Councillor Cohen - is supportive. The sooner a tourist finds a spot, the better. This means they are not going into the downtown. Councillor Harvey - if there is an approval process for residential neighborhoods should neighbors be against this. Mayor Pangallo says that they are not proposing discretionary approval process. If there are no past violations, the property can be registered. Councillor Watson-Felt - would like this to start in the middle of August when studies show an increase in tourist traffic to Salem. Mayor Pangallo says the garages are proxies for parking demand. The city doesn’t have the capacity to enforce this. Councillor Morsillo - surprised there isn’t more train ridership as she finds there is less traffic the last few years in Ward 3. Mayor Pangallo says they do not have the weekend train ridership data. Planning Board No comment Public Comment: Maryann Curtin 35 Forrester Street If she must park in front of her house (handicap), will she be penalized? This is something to consider. What are residents to do? Anthony O’Donnell 35 Washington Square Is pleased that the city is working with residents on this. His business is affected by Halloween by not being able to have services on the weekends in October, so he is able to rent the lot out.  CITY OF SALEM APRIL 16, 2025 JOINT PUBLIC HEARING Phil Laffy 143 Fort Avenue Spoke with the owner of the mobile on Bridge Street last year and it makes sense to allow people to profit from this. Confused by not allowing commercial parking in lots in residential areas. Would encourage apps like spot hero to discourage excessive neighborhood signage. Councillor Hapworth - moves that the public hearing be closed. Voted Josh Turiel moves that the Planning Board public hearing be closed. Sarah Tarbet seconds. Voted Councillor Hapworth moves that the matter be referred to the Planning Board for review and recommendation. Voted Councillor Morsillo, the meeting adjourned at 9:11 pm.Voted Josh Turiel moves to adjourn. Voted