ZONING AMENDMENT SEC 8 0 WATERFRONT INDUSTRIAL OVERLAY DISTRICT - PLANNING Planning Board Report to Council
Regarding Zoning Amendment
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° DI Citp of A*aYPm, ;fflaq!6arbU!9Ptt!6 JUN 22 2010
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' Citp JIjall MUNIP,-, 'LOPr.4ENT
COUNCILLORS-AT-LARGE ROBERT K.MCCARTHY WARD COUNCILLORS
PRESIDENT
2010 2010
THOMAS H.FUREY CHERYL A. LAPOINTE ROBERT K.MCCARTHY
JOAN B.LOVELY CITY CLERK MICHAEL SOSNOWSKI
STEVEN A.PINTO JEAN M.PELLETIER
ARTHUR C.SARGENT III JERRY L.RYAN
JOHN H.RONAN
PAUL C.PREVEY
JOSEPH A.O'KEEFE,SR.
June 21, 2010
Ms. Lynn Duncan, Planner
City of Salem
Salem, MA 01970
Dear Ms. Duncan:
At a regular meeting of the City Council, held on June 10, 2010 the enclosed
Zoning Ordinance was adopted for second and final passage.
This action was approved by Mayor Kimberley Driscoll on June 16, 2010.
Sincerely,
CHERYL A. LAPOINTE
CITY CLERK
Enclosure
SALEM CITY HALL• 93 WASHINGTON STREET • SALEM, MA 01970-3592 •WWW.SALEM.COM
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City ofSalem
In the year two thousandten
An Ordinance to amend the Zoning Ordinance
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Section 8.0 of the City of Salem Zoning Ordinance is hereby amended by adding the
following new section:
8.6 WATERFRONT INDUSTRIAL OVERLAY DISTRICT (WIOD)
8.6.1 Purpose
To promote the economic health and stability of the City of Salem by encouraging
commercial and industrial development and investment in this waterfront area that will
generate employment and tax revenue. To permit and encourage mixed-use
development, including, but not limited to, offices, education, health care, food service,
marina use, day care, government facilities, manufacturing and warehousing and to
promote development consistent with the Salem Harbor Plan. To preserve and
continue the historic and industrial and mercantile character and business of this
waterfront area of the City, which has been a center of Salem's industrial and
commercial enterprise since Salem's merchant fleet plied the China Trade over 200
years ago, and since the operations of the Naumkeag Steam Cotton Company was
erected on this site in 1839 as the first steam operated textile mill in America.
8.6.2 Applicability
1. The new Waterfront Industrial Overlay District (WIOD) zoning district will
encompass the property known as Shetland Park, shown as Parcel No. 0448 on
Salem Assessors Map 34.
2. The New WIOD Zoning District shall be construed as an overlay district. The
property within such district shall be controlled by the regulations of the
underlying zoning district except as hereunder specified.
1
8.6.3 Permitted Uses
The following uses are allowed by right in the WIOD and would be deemed "Principal
Uses". Uses not specified below are controlled by the regulations of the underlying
zoning district.
PRINCIPAL USES WIOD
A. COMMERCIAL USES
Adult day care........................ Y
Club or lodge, private........................ Y
Commercial recreation, indoor......... Y
Education use, nonexempt............... Y
General Service establishment......... Y
Marina, boat yard or yacht club......... Y
Plumbing, carpentry and sheet metal
workshop.............................................. Y
Personal service establishment......... Y
Restaurant with alcoholic beverages. Y
B. INDUSTRIAL USES
Light manufacturing........................... Y
Manufacturing.................................... Y
Mini-storage warehouse facility......... Y
Research, laboratories and
development facilities..................... Y
provided that
1. such are not dangerous by reason of
hazard from fire or explosion, radiation or groundwater
discharge;
2. all dust, fumes, odors, smoke or vapors are effectively confined to the
premises or disposed of so as to avoid air pollution;
3. use of biological or chemical processes do not potentially entail a high
level of danger to the public's health and safety
ACCESSORY USES
Adult day care............................... Y
Customary agricultural, horticultural
and floricultural operation............ Y
Family day care, large...................... Y
Family day care, small.................. Y
2
8.6.4 Minimum Lot Area —The minimum lot area in the WIOD is twenty five (25) acres.
Section IT Amend Section 2.2 of the Zoning Ordinance OVERLAY DISTRICTS by adding the
following: "Waterfront Industrial Overlay District (WIOD)"
Section III: This ordinance shall take effect as provided by City Charter.
In City Council March 25, 2010
Referred to the Planning Board to schedule a joint public hearing with the City Council
Joint Public Hearing held on April 28, 2010 and advertised in the Salem Evening News
on April 14 & 21, 2010
Referred to the Planning Board for their recommendation
In City Council May 13, 2010
Adopted as amended for first passage by roll call vote of 11 yeas, 0 nays, 0 absent
Advertised in the Salem Evening News on 5/19/10 and 6/2/10.
In City Council June 10, 2010
Adopted for second and final passage by roll call vote of 11 yeas, 0 nays, 0 absen
A motion for immediate reconsideration in the hopes it would not prevail was denies
Approved by the Mayor on June 16, 2010
ATTEST: CHE LA. LAPOINTE
CITY CLERK
3
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M YOT Ss7LEt
In Che year two thousandandten
An Onfinance relative to portahfe signs
Be it ordained6y the City Counafof the City ofSafem,as follows
Section I.
City Ordinance Chapter 4, Article II Signs and Billboards is hereby amended by:
(1) deleting Section 4-58 (e) in its entirety and replacing it with the following:
"(e) Except as provided in Section 4-60 of this Article, movable or portable and so-called
trailer signs are prohibited, with the exception of signs and other advertising devices on
rolling stock;"and
(2) adding a new section as follows:
"Sec. 4-60. Portable Signs.
(a)Purpose and intent. The purpose and intent of this section is to allow portable signs to
improve the visibility of businesses while maintaining a professional, attractive and safe
business area.
(b) Portable sign definition. An on-site, non-illuminated, movable sign that is not
attached to a structure or the ground used to advertise the location, goods or services
offered on the premises. A portable sign may be located on private property or a public
sidewalk provided the minimum clearance area established by this Ordinance, state law
or regulations are met.
(c)Applicability. Portable signs that meet the requirements set forth in this section shall
be allowed for businesses with individual first floor storefronts in the Business
Neighborhood (B1), Business Highway (B2), Business Wholesale and Automotive
(B4) and Central Development(B5) districts.
(1) Portable signs shall be allowed for businesses that share first floor storefronts
or are located above the first floor provided that the businesses using the same first floor
entrance share one portable sign.
(2) Failure of businesses to demonstrate good faith collaboration on a shared
portable sign at any time shall result in the revocation of any existing portable sign permit
for any of the businesses.
(d) Review and approval. The review and approval procedures set forth in Chapter 4,
Article II of this ordinance shall apply to portable signs.
(e)Number ofportable signs. No business shall be allowed to have more than one (1)
portable sign for each entrance from a public right of way. If a business has more than
one(1) location, one (1) sign may be permitted for each location.
(f) Term.
(1) The sign may be placed outside only during the hours of the establishment's
operation.
(2) No sign shall be placed within the public right of way for the duration of a
declared snow emergency.
(3) No sign shall be placed within the public right of way on October 31.
(g) Placement.
(1) Portable signs shall be appropriately placed to minimize the appearance of clutter.
(2) No portable sign shall be located in front of handicap walkways, or block building
entrances, exits, and fire escapes.
(3) No portable sign shall interfere with the sight distance of traffic passing the site.
When this is in question, determination of sight distance shall be made by the City
Engineer.
(4) Placement of the sign must comply with the regulations of the State Architectural
Access Board C.M.R 521 (handicap regulations) enforced by the City Building
Commissioner. The Sign Review Committee cannot issue a waiver from these
regulations.
(5) The sign shall be located directly in front of the establishment it advertises and
within ten (10) feet of the main entrance. The Sign Review Committee may grant
an exception to the ten (10) foot maximum distance if warranted by the physical
characteristics of the site. Placement of the sign shall allow a minimum of five (5)
feet of unobstructed sidewalk clearance between it and any building or other
obstruction. The width of unobstructed sidewalk clearance may be reduced by the
Sign Review Committee with approval of a representative of the Salem
Commission on Disabilities in cases where the placement of the proposed sign
would not interfere with the use of the sidewalk, but in no event shall the width of
a sidewalk be reduced to a width passable by pedestrians of less than forty-two
(42) inches.
(h) Design, Construction and Maintenance.
(1) The design (color, fixed lettering style, symbols and material)of a portable sign's
permanent elements shall complement and be compatible with the design of the
establishment's primary sign(s), abutting properties, and the general streetscape in
the immediate vicinity of the establishment.
(2) No trademarks other than the establishment's own trademark shall be included on
the portable sign.
(3) The portable sign must be made of durahle_ rigid material such as, but not limited
to, wood, plastic or metal., in an A-frame style.
(4) The sign must be free-standing and shall not be affixed, chained, anchored, or
otherwise secured to the ground or to any pole, parking meter, tree, tree grate, fire
hydrant, railing, or other structure.
(5) The sign must be internally weighted so that it is stable and windproof.
(6) Additions such as flyers, ribbons, balloons, illumination, electrical components,
speakers and the like shall not be added to any portable signs.
(7) Signs with changeable letters, animation, movement, or sound shall not be
permitted.
(8) Prices, telephone numbers, and Internet addresses shall not be greater than four
(4) inches tall.
(9) Portable signs must be kept in good condition.
(10) The issued license number shall be displayed on the board at the lower left
hand corner in 2"Arabic numbers.
(i) Size. No portable sign shall exceed six (6)square feet per side and shall not exceed
two (2) feet in width.
6) Calculations. Portable signs shall not be included in calculations for other types of
signage permitted by this ordinance.
(k) Sec. 4-85 Liability insurance. Proof of adequate liability insurance with a minimum
limit of$1,000,000.00 for each occurrence must be provided to the City Clerk and remain
in effect for as long as the portable sign is used. The portable sign must be indicated as
being included in the liability coverage. The City, and in the Urban Renewal Areas, the
Salem Redevelopment Authority, must be listed as additional insured(s).
(1) Removal forfailing to obtain a permit. Portable signs existing on June 1, 2010 must be
permitted by November 30, 2010. Portable signs that have not been permitted by this date
or erected without a permit thereafter must be removed. Any sign that is not permitted
may be removed by the City Building Inspector(State Building Code 780 C.M.R Section
116).
Section Z This Ordinance shall take effect as provided by City Charter
In City Council April 8, 2010
Referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with
the Committee of the Whole
In City Council May 13, 2010
Referred to the Committee on Ordinances, Licenses and Legal Affairs
In City Council May 27, 2010
Adopted as amended for first passage
In City Council June 10, 2010
Adopted for second and final passage
A motion for immediate reconsideration in the hopes it does not prevail was denied.
Approved by the Mayor on June 16, 2010
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ATTEST: CHERYL:(A. LAPOINTE
CITY CLERK
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CITY OF SALEM
PLANNING BOARD
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Report to City Council o
May 11, 2010 4; 00
At its meeting on May 6, 2010 the Salem Planning Board met to review the proposed adoption of a
Waterfront Industrial Overlay Ordinance, and voted to recommend as follows to the City Council:
The Planning Board voted eight (8) in favor(Puleo, Kavanaugh, Ready, Sullivan, Clarke, George, Sides,
and Moustakis), one abstention (Hanscom) and none (0) opposed to recommend adoption of the
proposed zoning amendment with the following proposed change as shown in bold below (#2 and #3
added in response to comment at the public hearing).
B. "Industrial Uses"
Research, laboratories and
development facilities..................... Y
provided that
1. such are not dangerous by reason of hazard from fire or explosion, radiation or groundwater
discharge;
2. all dust, fumes, odors, smoke or vapors are effectively confined to the premises or
disposed of so as to avoid air pollution;
3. use of biological or chemical processes do not potentially entail a high level of danger
to the public's health and safety
In making this recommendation, the Planning Board considered the fact that many of the uses proposed
to be allowed by right currently exist on the property, and work well there, and that this proposal would not
cause significant changes to Shetland Park or be a detriment to surrounding neighborhoods. The Board
also considered that appropriate safeguards for possible research and development uses were added to
the proposal after Planning Board feedback. The Board noted that no member of the public opposed the
proposal at the City Council/Planning Board joint hearing. Finally, the Board considered the tax revenue
and economic benefits the Shetland Park property brings to the City of Salem, and how these public
benefits could be increased by granting greater flexibility to prospective tenants by not requiring them to
apply for Special Permits for uses that currently exist and are appropriate uses for the property.
If you have any questions regarding this matter, please feel free to contact Lynn Duncan at the
Department of Planning & Community Development at (978) 619-5685.
Sincerely,
Charles Puleo
Chair
Cc: Mayor Kimberley Driscoll
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM
TINTI, QUINN, GROVER & FREY, P.C.
27 CONGRESS STREET,SUITE 414 -
SALEM, MASSACHUSETTS 01970
WILLIAM J.TINTI
cimvwtintilaw.com TELEPHONE WILLIAM B.ARDIFF 11965. 1995)
WILLIAM F.QUINN (978)745.8065 • (978)744.2948 MARCIA MULFORD CINI
WilliamFQuinnPauLcom OF COUNSEL
SCOTT M.GROVER TELECOPIER JOHN D. KEENAN
smgrover4tintilaw.com (978)745,3369 OF COUNSEL
www.tintilaw.com
MARC P. FREY
m p f re y r.!t i n t i l a w.co m
MARCY D. HAUBER
m h a u be r(aa)t i n t i l a w.c o m
JONATHAN M.OFILOS
jof ilos«ti nt i law.cum
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March 23, 2010 a
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President and Members -n
Salem City Council 3 D
City Hall MZC
Salem, MA 01970 0
RE: Petition for Adoption of Amendment to City of Salem Zoning Ordinance
Dear Mr. President and City Council Members:
I represent Mr. Robert I. Lappin, Trustee of Shetland Trust, owner of the Shetland Park
property off of Congress Street in Salem.
Please consider this letter as a petition from the owner to the City Council requesting
the adoption of the enclosed Waterfront Industrial Overlay Ordinance, which would modify the
existing City of Salem Zoning Ordinance as it applies to Shetland Park. -
Shetland Park is the second- largest taxpayer in the City, and has operated as an
industrial and commercial center successfully, and in harmony with its neighbors for over fifty
years.
In recent years, however, Shetland has been hurt by the same economic troubles that
have affected the City, state and the nation. At present, Shetland Park is presently operating at
an unacceptable rate of vacancies. Competition for industrial and commercial tenants is fierce
in the North Shore area, particularly with the Cummings Center in Beverly. The purpose of this
request is basically to keep Shetland as competitive as reasonably possible, by allowing existing
and future uses that are allowed in parks like Cummings Center, while remaining cognizant of
the concerns of our neighborhood and community.
• 1
Page 2 President and Members
Salem City Council
Please accept the filing of this petition. We request that at its next meeting, the Council
vote to refer it to the Planning Board for a joint public hearing with the City Council.
Please advise me of the Council's actions, and any actions or information that I may
provide to implement this process.
Very truly yours,
4 .�---
William F. Quinn
CC. Mr. Robert I. Lappin, Trustee
Mr. Tom Kent, Shetland Park
City of Salem
In the year two thourandten
An Ordinance to amend the Zoning Ordinance
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Section 8.0 of the City of Salem Zoning Ordinance is hereby amended by adding the
following new section:
8.6 WATERFRONT INDUSTRIAL OVERLAY DISTRICT (WIOD)
8.6.1 Purpose
To promote the economic health and stability of the City of Salem by encouraging
commercial and industrial development and investment in this waterfront area that will
generate employment and tax revenue. To permit and encourage mixed-use
development, including, but not limited to, offices„ education, health care, food
service, marina use, day care, government facilities, manufacturing and warehousing
and to promote development consistent with the Salem Harbor Plan. To preserve and
continue the historic and industrial and mercantile character and business of this
waterfront area of the City, which has been a center of Salem's industrial and
commercial enterprise since Salem's merchant fleet plied the China Trade over 200
years ago, and since the operations of the Naumkeag Steam Cotton Company was
erected on this site in 1839 as the first steam operated textile mill in America.
8.6.2 Applicability
1. The new Waterfront Industrial Overlay District (WIOD) zoning district will
encompass the property known as Shetland Park, shown as Parcel No. 0448 on
Salem Assessors Map 34.
2. The New WIOD Zoning District shall be construed as an overlay district. The
property within such district shall be controlled by the regulations of the
underlying zoning district except as hereunder specified.
8.6.3 Permitted Uses
1
The following uses are allowed by right in the WIOD and would be deemed "Principal
Uses'. Uses not specified below are controlled by the regulations of the underlying
zoning district.
PRINCIPAL USES WIOD
A. COMMERCIAL USES
Adult day care........................ Y
Club or lodge, private........................ Y
Commercial recreation, indoor......... Y
Education use, nonexempt............... Y
General Service establishment......... Y
Marina, boat yard or yacht club......... Y
Plumbing, carpentry and sheet metal
workshop.............................................. Y
Personal service establishment......... Y
Restaurant with alcoholic beverages. Y
B. INDUSTRIAL USES
Light manufacturing........................... Y
Manufacturing.................................... Y
Mini-storage warehouse facility......... Y
Research, laboratories and
development facilities, provided that
such are not dangerous by reason of
hazard from fire or explosion,
radiation or groundwater
discharge ..................................... Y
ACCESSORY USES
Adult day care............................... Y
Customary agricultural, horticultural
and floricultural operation............ Y
Family day care, large...................... Y
Family day care, small.................. Y
8.6.4 Minimum Lot Area —The minimum lot area in the WIOD is twenty five (25) acres.
2
Section H. Amend Section 2.2 of the Zoning Ordinance OVERLAY DISTRICTS by adding the
following:
"Waterfront Industrial Overlay District (WIOD)"
3
1
MEMORANDUM
To: Lynn Goonin Duncan
Director of Planning and Community Development
City of Salem
CC: Elizabeth Rennard, City Solicitor
RE: Proposed Waterfront Industrial Overlay District at Shetland Park
and Legal Opinion Addressing the Question as to Spot Zoning
Summary:
The proposed ordinance adopting the Waterfront Industrial Overlay District as
applicable only to the 29-acre Shetland Park property will not constitute illegal "spot zoning"
under well-established Massachusetts law, because the Shetland Park property is completely
distinguishable and different in size, character and use from other neighborhood properties.
The proposed amendment will allow certain commercial and industrial uses that exist there and
will not constitute illegal spot zoning because the ordinance will promote the public welfare by
encouraging economic growth and employment in the City, stabilizing and enhancing the City's
tax base and finances, and promoting good municipal planning, and preserving the City's
historical heritage of commercial waterfront enterprise at this property.
The Law Regarding "Spot Zoning"
"Spot zoning" is a term more frequently used than understood. There is no legal
prohibition on a City or Town adopting a rational zoning amendment that changes the zoning
applicable to one parcel of land, provided it is done for a public purpose that promotes the
public welfare, and not just for the benefit of the private owner. Lanner v. Board of Appeal of
Tewksbury, 348 Mass. 220, 202 N.E.2d 777 (1964). As legislative acts, zoning amendments are
supported by a strong presumption of validity. Fabiano v. City of Boston, 49 Mass. App.Ct. 281,
730 N.E.2d 311 (2000), Lanner supra.
Illegal "spot zoning" is the singling out of a particular parcel for different treatment from
properties that are indistinguishable in character and use from other properties in the
surrounding area, without rational planning objectives or public purpose. Fabiano v. City of
Boston 49 Mass.App.Ct. 281, 730 N.E.2d 1148 (2003). Whittemore v. Building Inspector of
Falmouth, 313 Mass. 248, 249, 46 N.E.2d 1016 (1943). Although there may be a singling-out of
a parcel, if the public welfare will be promoted, an amendment may be upheld. Durand v.
Superintendent of Public Buildings of Fall River, 354 Mass. 74, 235 N.E.2d 550 (1968).
r
2.
A party challenging an amendment as "spot zoning" has the heavy burden of showing by
a preponderance of the evidence that the zoning regulation is arbitrary and unreasonable, or
substantially unrelated to the public health, safety, morals or general welfare. Johnson v. Town
of Edgartown, 425 Mass. 117, 121, 680 N.E.2d 37 (1997).
Courts consider the parcel's character, because spot zoning exists only where a parcel
has been singled out from similar surrounding land for disparate treatment. The Supreme
Judicial Court has rejected claims of spot zoning based upon its determination that a particular
parcel was distinguishable from it's neighbor's parcel because of its prior use (Cairnes v.
Building Comm'r of Hingham 323 Mass. 598, 83 N.E.2d 550(1949)), its existing hospital use
(Woodland Estates, Inc. v. Building Inspector of Methuen 4 Mass.App.Ct. 757, 762, 358 N.E.2d
468, 471 (1976)) its existing industrial use (Raymond, Mass. App.Ct at 41-42), its location (Rosko
v. City of Marlborough, 355 Mass. 52, 242 N.E.2d 857 (1968)) or its physical characteristics
(Connolly v. Building Inspector of Norwood 351 Mass. 713, 223 N.E.2d 803 (1967).
In determining whether a zone change is invalid due to spot zoning, the overriding test
is whether there has been shown to be any substantial relationship between the amendment
and the furtherance of any of the general objectives of the zoning act, the primary objective of
which is to promote the public welfare. Lanner, supra.
Particularly Relevant Cases:
The Appeals Court rejected a spot zoning challenge to the rezoning of a developer's land
from residential to commercial where the general public received considerable benefits relating
to the town's legitimate goal of concentrating commercial development in a particular area
(Rando v. Town of N. Attleborough 44 Mass. App. Ct. 603, 606-07, 692 N.E.2d 544, 546-47
(1998)). In Raymond, supra,the court upheld the zoning amendment where it found that if the
rezoning were not accomplished,the industrial concern would terminate its operations, with
negative financial impacts on the community as a whole.
An amendment rezoning a parcel from agricultural-residential to industrial, so as to
permit town's only industry and its largest employer, which had used structure as a non-
conforming use, to expand its manufacturing operations, was found not invalid as spot zoning
and was upheld. Raymond v. Building Inspector of Brimfield, 3 Mass.App.Ct. 38, 322 N.E.2d 197
(1975), Lanner, supra. Similarly, spot zoning was rejected as a challenge to a rezoning that
encouraged the development of new manufacturing and business establishments that would
not otherwise locate in the area. Shannon v. Bidg. Inspector of Woburn 328 Mass. 633, 105
N.E.2d 192 (1952).
3.
The Shetland Park Property:
Shetland Park consists of a self-contained business and industrial park facility on about
29 acres of land located in an Industrial Zoning District, with over 1.5 million square feet of
rentable commercial and industrial space contained in a series of large, multi-story brick and
steel reinforced structures, which by and large were constructed by The Naumkeag Steam
Cotton Company after the Great Salem Fire of 1914. The Shetland property is completely
distinguishable in the size, physical character, design of its structures and in use from the
neighboring properties,virtually all of which are zoned and used primarily as neighborhoods of
multi-family dwellings, and from the retail shops and residential condominiums of the Pickering
Wharf development.
Shetland is zoned "Industrial" under the current ordinance, and serves the space needs
of a large number of professional, business and administrative offices, commercial,
manufacturing, warehousing and industrial businesses, social service agencies, courts and other
business tenants. Continuing and encouraging contemporary business, commercial and
industrial uses at Shetland Park is consistent with Salem's community planning, and is of keen
financial interest to the City and the public welfare of the community, as Shetland Park is the
second-largest tax payer in the City, and Shetland and its tenants employ large numbers of
Salem and North Shore residents, who shop, eat and provide sustenance to many other Salem
businesses. Shetland is not zoned for residential uses, and seeks no residential uses in the
proposed ordinance.
The history of the Shetland property is a significant aspect of Salem's heritage as a
commercial and industrial center, particularly in this waterfront area, going back to the 1700-
1800s when Salem's the great merchant sailing vessels circumnavigated the globe from the
nearby wharfs, and from 1839 when the Naumkeag Steam Company erected and operated
America's first steam-powered textile plant on the waterfront site that is now Shetland Park,
and continuing from the re-construction of that company after the Great Salem Fire of 1919 to
the present. Shetland Park has continued its commercial and industrial operations under the
ownership and management of the companies of Mr. Robert Lappin, who acquired the
property in 1953, and has continued to operate and upgrade it since then.
The Proposed Zoning Amendment:
Under the proposed zoning amendment, Shetland Park would remain in the Industrial
District and be subject to those zoning regulations. The proposed overlay ordinance would add
certain additional commercial and industrial uses to those that are presently allowed at
Shetland Park. Many of these uses actually exist at Shetland Park at present, but are
considered to be legal existing non-conforming uses under current zoning, and could not be
expanded or, if such a tenant leaves, replaced, with similar tenants, without having to going
4.
through the time-consuming and uncertain process of seeking special zoning relief, which
hampers Shetland's ability to compete in the market for viable commercial and business
tenants.
The purpose of the request is to encourage and allow the continued operations and
financial viability of Shetland Park for the financial well-being and stability of the City,to
encourage continued employment opportunities for local residents, and to encourage
commercial and business enterprises to locate and remain in the City of Salem and to support
the commercial base of the community.
Conclusion:
If the City Council deems it to be appropriate and in the public interest to enact the
proposed zoning amendment,the amendment will not constitute illegal spot zoning. It is of a
type that has been enacted and sustained many times in the Commonwealth, and the
ordinance would be sustained if challenged as illegal spot zoning.
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ZONING COMPARISON
PRINCIPAL USES
Salem Cummings
Center
A. COMMERCIAL USES
Adult day care BA Y
Club or lodge, private N N
Commercial recreation, indoor BA Y
Education use, nonexempt N Y
General Service establishment N Y
Marina, boat yard or yacht club BA PB
Plumbing, carpentry and sheet
metal work shop N Y
Personal service establishment N Y
Restaurant with alcoholic
Beverages N Y
Sale and storage of building
Supplies N Y
B. INDUSTRIAL USES
C.
Light manufacturing BA Y
Manufacturing BA y
Mini-storage warehouse facility BA Y
Research, laboratories and
development facilities BA Y
1
A. ACCESSORY USES
Adult day care N Y
Customary agricultural, horticultural
and floricultural operation N Y
Family day care, small N Y
2
Citp of 6a[em, Alaggarbugettg
Office of the UP Council MAR 2 8 2010
Cltp joall DEPT. OF PLANNING&
COMMUNITY DEVELOPMENT
COUNCILLORS-AT-LARGE ROBERT K.MCCARTHY WARD COUNCILLORS
PRESIDENT
2010 2010
THOMAS H.FUREY CHERYL A. LAPOINTE ROBERT K.MCCARTHY
JOAN B.LOVELY CITY CLERK MICHAEL SOSNOWSKI
STEVEN A.PINTO JEAN M.PELLETIER
ARTHUR C.SARGENT III JERRY L.RYAN
JOHN H. RONAN
PAUL C.PREVEY
JOSEPH A.O'KEEFE, SR.
March 29, 2010
Ms. Lynn Duncan, Planner
City of Salem
Planning Dept.
Salem, MA 01970
Dear Ms. Duncan:
At a regular meeting of the Salem City Council, held in the Council Chamber on
Thursday, March 25, 2010, the enclosed petition and Zoning Ordinance amendment from
Attorney William Quinn to add a Waterfront Overlay District, was referred to the
Planning Board to schedule a Joint Public Hearing with the City Council.
Please contact me at your earliest convenience so we can schedule the Hearing.
Very truly yours,
c C12
CHER A. LAPOINTE
CITY CLERK
,Enclosure
cc: City Council
SALEM CITY HALL • 93 WASHINGTON STREET • SALEM, MA 01970-3592 •WWW.SALEM.COM
TINTI, QUINN, GROVER & FREY, P.C.
27 CONGRESS STREET,SUITE 414
SALEM,MASSACHUSETTS 01970
WILLIAM J.TINTI
tinti@tintilaw.com TELEPHONE WILLIAM B.ARDIFF(1965- 1995)
WILLIAM F.QUINN (978)745-8065 • (978)744.2948 MARCIA MULFORD CINI
WilliamFQuinn@aoLcom OF COUNSEL
SCOTT M.GROVER TELECOPIER JOHN D. KEENAN
smgrover@tintilaw.com (978)745-3369 OF COUNSEL
www.tintilaw.com
MARC P.FREY
mpfrey@tintilaw.com
MARCY D.HAUBER
mhauber@tind1aw.com
JONATHAN M.OFILOS
jofilos@tintilaw.com
� N
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March 23, 2010 7
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President and Members
Salem City Council 3 D
City Hall Ma 77
Salem, MA 01970 0
RE: Petition for Adoption of Amendment to City of Salem Zoning Ordinance
Dear Mr. President and City Council Members:
I represent Mr. Robert I. Lappin, Trustee of Shetland Trust, owner of the Shetland Park
property off of Congress Street in Salem.
Please consider this letter as a petition from the owner to the City Council requesting
the adoption of the enclosed Waterfront Industrial Overlay Ordinance, which would modify the
existing City of Salem Zoning Ordinance as it applies to Shetland Park.
Shetland Park is the second- largest taxpayer in the City, and has operated as an
industrial and commercial center successfully, and in harmony with its neighbors for over fifty
years.
In recent years, however, Shetland has been hurt by the same economic troubles that
have affected the City, state and the nation. At present, Shetland Park is presently operating at
an unacceptable rate of vacancies. Competition for industrial and commercial tenants is fierce
in the North Shore area, particularly with the Cummings Center in Beverly. The purpose of this
request is basically to keep Shetland as competitive as reasonably possible, by allowing existing
and future uses that are allowed in parks like Cummings Center, while remaining cognizant of
the concerns of our neighborhood and community.
Page 2 President and Members
Salem City Council
Please accept the filing of this petition. We request that at its next meeting, the Council
vote to refer it to the Planning Board for a joint public hearing with the City Council.
Please advise me of the Council's actions, and any actions or information that I may
provide to implement this process.
Very truly yours,
William F. Quinn
CC. Mr. Robert I. Lappin, Trustee
Mr. Tom Kent, Shetland Park
City of Safem
In the year two thousand ten
An Ordinance to amend the Zoning Ordinance
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Section 8.0 of the City of Salem Zoning Ordinance is hereby amended by adding the
following new section:
8.6 WATERFRONT INDUSTRIAL OVERLAY DISTRICT (WIOD)
8.6.1 Purpose
To promote the economic health and stability of the City of Salem by encouraging
commercial and industrial development and investment in this waterfront area that will
generate employment and tax revenue. To permit and encourage mixed-use
development, including, but not limited to, offices, , education, health care, food
service, marina use, day care, government facilities, manufacturing and warehousing
and to promote development consistent with the Salem Harbor Plan. To preserve and
continue the historic and industrial and mercantile character and business of this
waterfront area of the City, which has been a center of Salem's industrial and
commercial enterprise since Salem's merchant fleet plied the China Trade over 200
years ago, and since the operations of the Naumkeag Steam Cotton Company was
erected on this site in 1839 as the first steam operated textile mill in America.
8.6.2 Applicability
1. The new Waterfront Industrial Overlay District (WIOD) zoning district will
encompass the property known as Shetland Park, shown as Parcel No. 0448 on
Salem Assessors Map 34.
2, The New WIOD Zoning District shall be construed as an overlay district. The
property within such district shall be controlled by the regulations of the
underlying zoning district except as hereunder specified.
8.6.3 Permitted Uses
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The following uses are allowed by right in the WIOD and would be deemed "Principal
Uses". Uses not specified below are controlled by the regulations of the underlying
zoning district.
PRINCIPAL USES WIOD
A. COMMERCIAL USES
Adult day care........................ Y
Club or lodge, private........................ Y
Commercial recreation, indoor......... Y
Education use, nonexempt............... Y
General Service establishment......... Y
Marina, boat yard or yacht club......... Y
Plumbing, carpentry and sheet metal
workshop.............................................. Y
Personal service establishment......... Y
Restaurant with alcoholic beverages. Y
B. INDUSTRIAL USES
Light manufacturing........................... Y
Manufacturing.................................... Y
Mini-storage warehouse facility......... Y
Research, laboratories and
development facilities, provided that
such are not dangerous by reason of
hazard from fire or explosion,
radiation or groundwater
discharge ..................................... Y
ACCESSORY USES
Adult day care............................... Y
Customary agricultural, horticultural
and floricultural operation............ Y
Family day care, large...................... Y
Family day care, small.................. Y
8.6.4 Minimum Lot Area —The minimum lot area in the WIOD is twenty five (25) acres.
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Section II.•Amend Section 2.2 of the Zoning Ordinance OVERLAY DISTRICTS by adding the
following:
"Waterfront Industrial Overlay District (WIOD)"
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