204,206,214,222 DERBY ST - PLANNING Planning Board Report to Council
Regarding Zoning Map Amendment
2OH 1OLO 21 2 22 OUQN S+
CITY OF SALEM
PLANNING BOARD 2011 JUL 24 pmip-ll
Report to City Council SALEM.MASS
July 24,2017
At its meeting on July 20, 2017 the Planning Board voted six (6) in favor (Matt Veno, Kirt Rieder,
Noah Koretz, Dale Yale,Helen Sides, and Bill Griset) and one (1) opposed (Chair Ben Anderson) to
recommend:
Denial of the Zoning Amendment to change the -,oning designation of 204, 206, 214 dr 222 Derby
Street to Central Development (B-S), because changing the Toning without changing the urban renewal
area presented two primary concern: the lack of both design and demolition oversite. However, at such
time the urban renewal area is extended, the Planning Board would be in favor of the retioning 204,
206, 214 6.222 Derby Street to Central Development (B-S).
In their discussion, the Planning Board unanimously supported the B-5 zoning designation. The
motion to deny the B-5 zoning designation carried by a majority vote because six of the seven board
members felt that it is important for the four parcels to be included in the urban renewal area prior
to the rezoning to ensure there will be design and demolition oversite. It was unclear what
mechanism could be used to ensure the rezoning would not go into effect until the urban renewal
area was expanded. As a result, a majority felt it was best to expand the urban renewal boundary
first.
In making this recommendation the Planning Board noted they are not supportive B-1 district due
to the onsite parking requirements, particularly if preservation is a goal. The Planning Board
provided Dominos and a T-Mobile store as examples of the type of commercial development with
parking in front that could occur on small lots with minimum parking requirements. Said
development is not what the Planning Board would like to see on these parcels.
As an aside to the recommendation on the rezoning of the four parcels, the Planning Board
discussed their concerns with the requirement of onsite parking for commercial uses in a
neighborhood commercial environment. The Board suggested that the issue of requiring onsite
parking in the B-1 District be evaluated.
If you have any questions regarding this matter, please feel free to contact Tom Daniel, AICP,
Director of Planning&Community Development,at 978-619-5685.
Yours truly,
f
Ben Anderson, Chair
CC: Cheryl LaPointe, City Clerk
Amanda Chiancola
From: Carol Morgan <cjcpmorgan@gmail.com>
• Sent: Thursday,July 20, 2017 2:47 PM
To: Amanda Chiancola
Subject: Proposed zoning changes to Derby Street
To whom it may concern:
As a resident of the Derby St neighborhood, I'd like to voice my concern about the proposed zoning changes to Derby St
that are on the revised Planning Board agenda tonight,July 20, 2017.
1 am strongly against the proposed changes from R2 to B5. Please don't tear the fabric of the neighborhood for the sake
of developers. Please don't make a congested area even more congested.
A zoning change from R2 to B5 also paves the way for unlimited future development, leaving the neighborhood with no
recourse. Not good.
A change to Bl, or an extension of historic neighborhood, is more in line with neighborhood preservation.
Thank you,
Carol Morgan
241/2 Hardy St.
•
•
1
CITY OF SALEM
CONTINUATION OF PUBLIC HEARING
July 20, 2017
Continuation of a joint Public Hearing of the Salem City Council and was held in
the Council Chamber on Thursday, July 20, 2017 at 6:00 P.M. for the purpose of
discussing amending an Ordinance relative to Zoning —The City of Salem Zoning Map is
hereby amended to change the Zoning designation for 204, 2016, 214, and 222 Derby
Street to Central Development (B-5)
Notice of this hearing was posted on June 20, 2017 at 4:06 P.M.
Absent were:
Councillor Elaine F. Milo presided.
In attendance were the following:
AMENDING ZONING MAP FOR 204, 206, 214 AND 222 DERBY STREET
Councillor moved the hearing be closed Voted
Councillor Moved Voted
On the motion of Councillor the meeting adjourned at P.M.
City ofSalem
In the year two thousand and Seventeen
An Ordinance to amend ordinance relative to Zoning
Be it ordained by the City Council of the City of Salem, as follows:
Section L The City of Salem Zoning Map is hereby amended to change the Zoning
designation for the following parcels to Central Development(B-5):
204 Derby Street—Assessors Map 35 Parcel Number 0290-0
206 Derby Street—Assessors Map 35 Parcel Number 0289-0
214 Derby Street—Assessors Map 35 Parcel Number 0276-0
222 Derby Street—Assessors Map 35 Parcel Number 0275-0
Section 77. This Ordinance shall take effect as provided by City Charter.
In City Council April 13, 2017
Referred to the Planning Board to schedule a joint public hearing with the City Council
Joint public hearing held June 12, 2017 and advertised in Salem News on May 29, 2017
and June 5, 2017
Continue joint public hearing on July 20, 2017
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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ASSENT TOZONING PETITION
Each of the undersigned owners of property on Derby'Street,Salem,MA.hereby assent to the filing of
the Petition of Juliana Tache,Manager of JJ Tache,LLC for passage o#an Ordinance to arnend the zoning
designation of their respec'Gve properties from Residential two Family(R-2)to.Business Neighborhood
1. Shawn E.Donovan and Claire T.Donovan,Trustees of Bunghole Rea9ty Trust;owners of property
ah304Derby3iree[:being,shown on Assessors Map 35 as Parcel Number 0290-0: for ourtitle
see deed dateOJuly 11,i 1092 recorded at Essex County South District Registry of Deeds at Book
11398;Page 154.,
Shawn E.Donovan,Trustee Claire T.Donovan,Trustee
2, Thomas J.Pelletier,owner of property at 214 Derby Street,being shown on Assessors Map 35 as
Parcel 0276-0. for my title see deed dated August 23,2001,recorded at said Registry at Book
17565;Page 506; �
Thomas J.0 fllefieV
3. Louise A.Michaud and Donald A.Michaud,Trusteesof MI-SKE Realty Trust,owners of property
at 222-224 Derby Street,being shown on Assessors Map 35 as Parcel Number 0275-0. For our
dtte see quitclaim deed dated-April 6,1992 and Appointment of Trustee dated May 6,2014 and
recorded at Book 3264 Page 262.
Coulsi A.WllchaW
City ofsarm
In the year two thousand and Seventeen
An Ordinance to amend ordinance relative to Zoning
Be it ordained by the City Council of the City of Salem, as follows:
Section L The City of Salem Zoning Map is hereby amended to change the Zoning
designation for the following parcels to Central Development(B-5):
204 Derby Street—Assessors Map 35 Parcel Number 0290-0
206 Derby Street—Assessors Map 35 Parcel Number 0289-0
214 Derby Street—Assessors Map 35 Parcel Number 0276-0
222 Derby Street—Assessors Map 35 Parcel Number 0275-0
Section II. This Ordinance shall take effect as provided by City Charter.
In City Council April 13,2017
Referred to the Planning Board to schedule a joint public hearing with the City Council
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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1 message
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To: billquinnlaw@gmail.com
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City of Salem
Notice
Joint Public Hearing
of the City Council and Planning Board
Monday, June 12, 2017 6:00 P.M.
The City Council will hold a joint public hearing with the Planning Board on Monday, June 12, 2017 at 6:00
P.M. in the City Council Chambers, City Hall, 93 Washington St., Salem, MA for all persons interested in the
proposed amendments to the City of Salem Zoning Map by rezoning the following properties from Residential
Two Family (R-2) to Central Development (B-5): 204 Derby Street (Map 35, Lot 290), 206 Derby Street (Map
35, Lot 289), 214 Derby Street (Map 35, Lot 276), and 222 Derby Street(Map 35, Lot 275).
The proposed zoning map amendments are on file and available for review during normal business hours at the
City Clerks Office, Room 1, 93 Washington Street, Salem MA or at the Department of Planning & Community
Development, 3' floor, 120 Washington Street, Salem, MA.
Attest:
Cheryl A. LaPointe
City Clerk
Ben J. Anderson, Chair
Planning Board
Ad to run on: May 29, 2017 and June 5, 2017
June 12, 2017
CitySalemPlanning Board
City oflem City Council Members:
JL
I would like to commend the City on expanding the Planning Board's site plan review
authority to include all residential properties, Planned Unit Developments (PUDs), and
Salem Redevelopment Authority Project Reviews.
I have just recently become aware of a joint public hearing tonight with the City Council
and the Planning Board to consider rezoning parcels on Derby Street to B-5 zoning.
The buildings on this location are handsome historic commercial buildings none taller
than s stories. They provide a visual transition to the Historic Derby Street
Neighborhood which includes the National Park Service site and the House of Seven
Gables and many other historic properties.
B-5 is a very permissive zoning, which will allow extremely tall buildings (70 feet and up
to 6 stories) and much higher dei ity up to 100% lot coverage.
Unlike most of the rest of the B-5 district,these parcels are not in the Salem
Redevelopment Authority area, so any new development will not be subject to design ^�
review. It seems that a very likely consequence of this rezoning will be to incentivize
the demolition of these buildings and replace them with larger, more dense
development.
Further, there appears to have been no prior public process for abutters and other
interested parties to have learned about this rezoning. In fact, it appears that abutters
were not even notified of this potential change and the hearing this evening. This lack
of public participation will be especially unfortunate if the Planning Board, as they did
on the recent Bridge Street rezoning,close the public hearing on the same night it opens
and refuse to take any additional comment, oral or written.
For these reasons, I would ask both the Planning Board and the City Council not to
approve this rezoning and to keep the public hearing open to receive more public input.
Respe
Ti enkins
i�
Amanda Chiancola
`'from: Barbara Cleary <clearyadvisors@comcast.net>
Sent: Monday,June 12,2017 3:41 PM
To. Amanda Chiancola;Tom Daniel
Subject Derby Street Rezoning
Hi Amanda and Tom
I would appreciate it if you could make sure that this is entered into the record of the public hearing this evening.
Thank you.
Barbar
June 12,2017
To: City of Salem Planning Board
From: Barbara A.Cleary
104 Federal Street
Salem,MA 01970
I have just recently become aware of a joint public hearing tonight with the City Council and the Planning Board to consider
rezoning parcels on Derby Street to B-5 zoning.
The buildings on this location are handsome historic commercial buildings which provide a visual transition to the Historic
')erby Street Neighborhood which includes the National Park Service site and the House of Seven Gables and many other
historic properties.
B-5 is a very permissive zoning which will allow extremely tall buildings and density. Unlike most of thereat of the B-5
district,these parcels are not in the Salem Redevelopment Authority area,so any new development will not be subject to design
review. It seems that a very likely consequence of this rezoning will be to incentivize the demolition of these buildings and
replace them with larger,more dense development.
Further,there appears to have been no prior public process for abutters and other interested parties to have learned about this
rezoning. In fact,it appears that abutter:were not even notified of this potential change and the hearing this evening. This
lack of public participation will be especially unfortunate if the Planning Board,as they did on the recent Bridge Street
rezoning,close the public hearing on the same night it opens and refuse to take any additional comment,oral or written.
For these reasons,I would ask both the Planning Board and the City Council not to approve this rezoning.
1
Amanda Chjancola
From: Amanda Chiancola
Sent: Monday,June 12,2017 4:01 PM
To: Ilene Simons
Subject: FW:joint public hearing tonight on proposed zoning changes
From:Meg Twohey[mailto:vze255gg@verizon.netj
Sent:Monday,June 12,2017 3:25 PM
To:Amanda Chiancola<achiancc la@Salem.com>; 'Arthur Sargent'<"sargeatiarge74"@aol.com>;Jerry L. Ryan
<jryan@Salem.com>;Elaine Milo<emiloatlarge@gmajl.com>; Robert McCarthy<rmccarthy@Salem.com>; Heather
Famico<hfamico@Salem.com>;Stephen P.Lovely<Stephen@lovelylawgroup.com>; David Eppley
<dweppley@comcast.net>;Josh Turiel<jturiel@Salem.com>; Beth Gerard<bgerard@Salem.com>;Steve Dibble
<sdibble@Salem.com>
Subject:joint public hearing tonight on proposed zoning changes
To the members of the Planning Board and the City Council:
I cannot attend that public hearing tonight but wanted to provide my comments. I urge the Council and the Planning Board to leave the meeting open so
that you will be able to accept public comments following tonight's meeting.
• The public has not had enough opportunity to understand the proposed changes. There should have been a public Information meeting to
present and explain the reason for these proposed changes before tonight. This instance sets an unacceptable precedent for the future.
• Both the PUD section and the Site Plan Review section seem fine. In fact extending She Plan Review to all residential units is desirable because it
provides greater Planning Board oversight
• Regarding the change on Derby St to B-5,I leave it to residents of the downtown neighborhood whether they want the kind of density Inherent In
the change of the parcels to B-5.
• However,I strongly oppose the change on Derby Street to B-5 without including these properties in the SRA where they will be subject to Design
Review. This truly sets another unacceptable precedent.
Thank you for your consideration. Meg Twohey
Margaeet IGS.Twohey
SalemGrpwgya.yale.edu
978.794.6702
122 Federal Street
Salem,MA 01970
1
r
TABLE OF LOT SIZES AND PARKING REQUIREMENTS
Lot Areas: 204 Derby 206 Derby 214 Derby 222 Derby
894 SF 3,281 SF 3,325 SF 3,409 SF
Min Lot Area/
Dwelling Unit
In B-1
No minimum No minimum No minimum No minimum
Min Lot Area/Unit for
Residential or Mixed
Use/ in B-5 for New
Construction
500 SF/Unit 500 SF/Unit 500 SF/Unit 500 SF/Unit
Max Lot Coverage
Ratio in B-1
40%* 40% 40% 40%
Minimum Lot Coverage
Ratio in B-5
50%* 50% 50% 50%
• All existing structures already exceed these limits
Maximum Height in B-1
30 feet - no limit on stories
Maximum Height in B-5
70 feet and 6 stories
(Over for On-Site Parking Requirements)
I�
On-Site Parking Requirements
In B-1 District (See Table 5.1.8 of Zoning Ordinance)*
Dwellings— 1.5 spaces per dwelling unit
Retail business—1 space per 150 sf gross floor area of building excluding storage
Professional, dental, medical office— 1 space for each business professional plus 1 space
for each 2 employees; plus 2 additional spaces per each medical
or dental professional
Restaurant— 1 space for each 4 seats; plus 1 space for each 2 employees
• None of subject lots can comply with these requirements
In B-5 District
Dwellings—1 parking space per dwelling in existing buildings and 1.5 spaces per
dwelling unit for new construction (See Sec. 5.1.9 of Ordinance)
Nonresidential (Commercial) Uses—no on-site parking required for commercial uses
since community accepts responsibility (Garage and paid street parking) (also 5.1.9 of
Ordinance)
(See next page for applicable review requirements)
Approvals Required for Any Substantial New Construction on the Subject Parcels:
1. Site Plan Review by Salem Planning Board (Sec. 9.5.2 of Zoning Ordinance) —
residential structure containing six (6) or more dwelling units or
non-residential structure exceeding 10,000 gross SF
2. Variances from the City of Salem Zoning Board for
1) minimum lot area per dwelling unit requirement;
2) minimum on-site parking requirement for residential uses
3) maximum lot area coverage ratio for any footprint expansion, and
4) any height in excess of 6 stories
3. Demolition Delay Ordinance
Reviews Not Applicable:
Design Review Board (applies only within Urban Renewal District)
Historical Commission Design Review (not located in National Register of Local Historic
Districts)
r' Salem,MA Zoning Ordinance Page 6 of 82
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.
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 L)F PRI NLI PAL AN L)
ACCESSORY USE REGULATIONS
PRINCIPAL USES l B5
A. RESIDENTIAL USES
�I
Dwelling, Single-family Y Y
Dwelling, Two-family Y Y
Dwelling, Multifamily Y Y
Cluster development N N
Dwellings above stor Dwellings above store
Dwelling unit above first illegal in B-1 N Y allowed in B-5
floor retail, personal
service, or office use
Dwelling unit in historic BA N
carriage house
Salem,MA Zoning Ordinance Page 7 of 82
Multifamily development I N N
Nursing or convalescent BA N
home
Planned unit development PB PB
Rooming, boarding or BA N
lodging house
B. EXEMPT AND 1 65
INSTITUTIONAL USES
Child care facility Y Y
Essential services BA BA
Facilities for the sale of Y Y
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 five acres in area on
which the facility is located
Hospital N N
Medical Clinic BA BA
Municipal facilities Y Y
Salem, MA Zoning Ordinance Page 8 of 82
Use of land for the primary Y Y
purpose of agriculture,
horticulture,floriculture, or
viticulture on a parcel of
more than five acres in
area
Use of land or structures Y Y
for educational purposes
on land owned or leased by
the commonwealth or any
of its agencies, subdivisions
or bodies politic or by a
religious sect or
denomination, or by a
nonprofit educational
corporation
Use of land or structures Y Y
for religious purposes
C. COMMERCIAL USES 61 :
Adult day care BA BA
Agricultural use, N N
nonexempt
Animal clinic or hospital; Animal clinic or BA N Animal clinic or
kennel kennel by Special kennel not allowed
Permit in B-1. in
Arts and crafts studios and Acts studio needs BA Y Arts studio
workshops Special Permit allowed in B-5
in B-1
Bank,financial agency Y Y
Bed and breakfast BA N
Business or professional Y Y
offices
Salem MA Zo=g Ordinance Page 9 of 82
Club or lodge, private No private club or N Y private club or
lodge in B-1 lodge allowed in
Commercial recreation, N y
indoor
........ ...... ......... ...........
Commercial recreation, N N
outdoor
Drive-through facilities; N PB
fast-food
Drive-through facilities; N PB
other
Educational use, No private N Y Private educational
nonexempt non-exempt allowedLin B-5
educational use
in B-1
Farm stand, nonexempt N N
Funeral home BA N
General service Y N
eAablish.ment
Golf course Y Y
.......... ..........
Historic buildings open to Y Y
the public
Hotel, motel, or i-nn Hotel, inn not N Y Hotel, inn allowed
allowed in B-1 in B-5
Marina; waterfront boat BA BA
yard or yacht club
Medical and dental offices Y Y
Motor vehicle general and N N
body repair
Motor vehicle light service Motor vehicle BA NMotor vehicle light
light service ervice not allowed
allowed in B-1 in B-5
Salem, NIA Zoning Ordinance Page 10 of 82
Motor vehicle,trailer and N N
boat sales, service and
rental
Museum Y Y
. .. ........ ..............
Nonprofit outdoor BA N
recreational facilities
Personal service Y Y
establishment
Plumbing, carpentry and N N
sheet metal shop
Restaurant, with service of No-restaurant .with N Y Restaurant with
alcoholic beverages . . alcohol service alcohol service
in B-1 allowed in B-5
Restaurant; drive-in or fast- Y Y
food
Restaurant; no service of Y Y
alcoholic everages
Retail department store N N
located within a shopping
plaza
Retail store, except Y Y
department store, not
elsewhere set forth
Retail-wholesale supply BA Y
establishments, provided
that the wholesale
operation does not exceed
50% of the gross floor area
Sale and storage of N N
building supplies
Supermarket N N
Salem,MA Zoning Ordinance Page I I of 82
Wind energy facility, N N
commercial scale
Wind energy facility, PB N
residential scale
Wireless Communications PB PB
Facility
D. INDUSTRIAL USES B1 65
Assembly or packaging N N
5rewery, distillery, or BA BA
winery with tasting room
No Computer hardware
Computer hardware Computer hardware N BA development
development
development in B-1 is allowed in B-5
Contractor's yard; N N
landscaping business
Food and beverage N N
manufacturing, bottling or
processing facility
Junkyard or automobile N N
graveyard
Light manufacturing N N
Livery facility,yard, or N N
terminal
Manufacturing N N
Mini-storage warehouse N N
facility
Publishing and printing No publishing or N Y Publishing or
printing in B-1 printing allowed
in B-5
Salem, MA Zoning Ordinance Page 12 of 82
Research, laboratories, and N N
development facilities
Transportation terminal N N
. ..........._... ........ ...... ......... ..
Wholesale, warehouse, or N BA
distribution facility
E. ACCESSORY USES B1 B5
Adult day care N N
Urban agriculture Y Y
Customary agricultural, N N
horticultural and
floricultural operation
Family day care, large N N
Family day care, small N N
Private garages and other Y N
accessory structures
I
Rooming and boarding not N LN
more than 2 persons