ZONING RECODIFICATION - PLANNING Planning Board Report to Council
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CITY OF SALEM
PLANNING BOARD 20`1 JUL 13 P 3: 33
CITY -A
Report to City Council
July 13, 2009
At its meeting on July 9, 2009, the Planning Board met to review the proposed zoning ordinance
re-codification for the City of Salem, Massachusetts, and voted to recommend as follows to the
City Council:
The Planning Board voted seven (7) in favor(Puleo, Kavanaugh, Ready, Sullivan, Weiner,
Collins, and Moustakis) and none (0) opposed to recommend adoption of the proposed re-
codification, with the following amendments:
1. Delete the proposed wording for"Section 1.1 Purpose" and replace with the following
paragraph:
"For the purpose of promoting the health, safety, convenience, morals or welfare of the
inhabitants of Salem, the zoning regulations and restrictions of this ordinance, ordained in
accord with the provisions of Chapter 40A of the General Laws and, in the case of signs,
ordained in addition in accord with the provisions of Section 29 of Chapter 93 of the
General Laws, are designed among other purposes to lessen congestion in the streets; to
preserve health; to secure safety from fire, panic and other dangers; to provide adequate
light and air; to prevent overcrowding of land; to avoid undue concentration of population;
to facilitate the adequate provision of transportation, water, sewerage, schools,parks and
other public requirements; to conserve the value of land and buildings; to encourage the
most appropriate use of land throughout the City; and to preserve and increase its amenities,
to preserve and protect the water supply, open space and conservation of natural resources,
to prevent the pollution of the environment and community blight, to ensure housing for all
income levels and compliance with the master plan of the City of Salem; all as authorized
by, but not limited to, the provisions of the Zoning Act, G.L. c. 40A, as amended, Section
2A of 1975 Mass. Acts 808, and by Article 89 of the Amendments to the Constitution of the
Commonwealth of Massachusetts."
2. Within the Table of Principal and Accessory Use Regulations, under"C. Commercial
Uses," delete Commercial parking facility as this would be a substantive change.
3. Delete the proposed Table of Parking spaces in"Section 5.1.8 "Off Street Parking" and
replace with the following Table of Required Parking Spaces as contained in Section 7-3 (g)
of the current Zoning Ordinance:
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM
Table of Required
Parking Spaces
Use Required Parking:
Dwellings (RC, R1, R2. One and one-half 1 (1/2)
R3) rooming houses, spaces per dwelling unit,
tourist homes, home with a minimum of two
occupations (2)spaces, plus one (1)
space for each home
occupation
Historic buildings open One (1) space for each
to the public, two (2) employees, plus
museums, libraries, such additional spaces
municipal buildings for visitors as shall be
other than schools deemed necessary by
the board of appeals
Recreation buildings One(1)space for each
and areas operated by two (2) employees, plus
membership clubs one (1) space for each
four(4) members
Public and private golf One (1)space for each
courses, golf driving two (2)employees, plus
ranges, miniature golf one (1)space for each
courses hole
Hospitals and sanitaria, One (1) space for each
nursing and doctor accredited to
convalescent homes practice therein, plus one
(1) space for each two
(2) employees, plus (1)
space for each four(4)
beds, excluding
bassinets
Philanthropic and One (1)space for each
charitable institutions two(2)employees, plus
such additional spaces
for visitors as shall be
deemed necessary by
the board of appeals
Funeral homes One (1)space for each
four(4) seats, plus one
(1) space for each two
(2) employees, plus one
(1)space for each
company vehicle; there
shall be a minimum of
twelve spaces.
Retail business and One (1) space for each
service establishments, one hundred fifty(150)
except eating and square feet of gross floor
drinking places. area of the building,
excluding storage area.
Theaters and other One (1)space for each
places of public four(4) seats, plus one
assembly, restaurants (1) space for each two
and other eating and (2) employees
drinking places, but
excluding drive-in
restaurants and drive-
in snack bars
Drive-in restaurants One (1) space for each
and other eating and two (2) employees, plus
drinking places fifteen (15)spaces
Bowling alleys One (1)space for each
alley, plus one (1)space
for each two (2)
employees
Other places of One (1)space for each
commercial recreation thirty-six(36)square feet
and entertainment of floor area plus one (1)
such as roller rinks and space for each two (2)
dance halls employees
Music and dancing One (1)space for each
studios, trade and two (2) employees,
business schools including teachers and
administrators, plus one
(1)space for each four
(4)studios in trade or
business schools
Hotels, motels and inns One( 1) space for each
guest room, plus one (1)
space for each two (2)
employees
Business Offices One (1)space for each
employee
Professional offices, One (1)space for each
medical and dental professional person, plus
clinics one (1)space for each
two(2)other employees,
plus two (2)additional
spaces for each
professional person in
the case of medical or
dental clinics
Wholesale One (1) space for each
merchandise brokers, company vehicle, plus
service industry one (1)space for each
establishments such as two (2)employees, plus
plumbing, carpentry, one (1)space for each
sheet metal and thousand (1,000) square
printing shops, feet of gross floor area of
warehousing and the building, excluding
industrial uses storage area
Wireless Where a monopole is
communication facility located, a minimum of
one (1) parking space
shall be required per
mono ole
4. Delete the words Chief of the Fire Department in"Section 4.2.1 General' and replace with
the words Head of the Fire Department or his designee.
5. Delete the words Fire Department in Sections 7.2.3, 7.3.7, 8.1.7, 8.3.8, and 9.5.5 and
replace with the words Head of the Fire Department or his designee.
6. Delete the word petition in Section 7.2.3 Cluster Residential Development and replace it
with the word application.
7. Delete the definition of Assisted Living from "Section 10.0 Definitions" as it is not
contained in the proposed Table of Principal Uses.
8. Delete the "IIP' and replace with "111"under Nursing or convalescent home in"Section
10.0 Definitions."
Notes:
1. The proposed Purpose Section 1.1 reverts to the existing Section 1.1 (a) of the current
Zoning Ordinance with an additional phrase as recommended by Attorney Mark
Bobrowski. Amendment recommended by Councillor Sargent.
2. The only substantive changes to the Parking Section 7-3 were those contained within the
Table of Required Spaces. Other changes to the "Off Street Parking" are very minor in
nature and the Planning Board does not recommend any other amendments to this
section.
3. Proposed amendment 3, 4, and 5 above were recommended by Councillor O'Keefe.
In making this recommendation, the Planning Board considered the need to reorganize and
simplify the structure of the current Zoning Ordinance, and to update many of the outdated terms
it used. The Board felt that the Ordinance lacked clarity and was difficult to use, and the
proposed re-codified text was easier to understand and apply. The Board noted the need to make
substantive changes to the Ordinance in the future, and discussed several of the issues to be
addressed in later amendments, but agreed that before substantive changes could be made, the
text must be re-codified as proposed.
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
ONDITA Cite of �&alrm, fKaggar Jutta
Office of the Citp Council
Citp A)all
COUNCILLORS-AT-LARGE PAUL C. PREVEY WARD COUNCILLORS
2009 PRESIDENT 2009
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
MATTHEW A. VENO
PAUL C. PREVEY
MEMORANDUM JOSEPH A. O'KEEFE, SR.
July 7,2009
TO: Mr. Charles M.Puleo, Chairman t�
Salem Planning Board RE I D
120 Washington Street
SALEM MA 01970-3523 JUL 0 S `[u09
FROM: Joseph A. O'Keefe Sr. rJL T.U=P 4faUG&
Councillor Ward 7 ]' L'gliY 0DEVELOPMEUF
SUBJECT: City of Salem
Zoning Ordinance Re-codification April 2009
You will recall I suggested several verbal amendments to the above captioned proposed
ordinance at the Joint City Council/Planning Board Public Hearing on Wednesday, July 1,2009.
Massachusetts General Law Chapter 148 (Fire Prevention) Section 1 is specific in the
definition of Head of the fire department as the chief executive officer of the fire department in a
city [see attachment].Nowhere in Chapter 148 is the term `Fire Chief noted. Similarly nowhere
in the Massachusetts Fire Safety Code(527CMR)is the term `Fire Chief noted. Salem is unique
in the enactment of its own `Fire Prevention Code' which is administered by a`Fire Marshal' so
designated by the Head of the fire department[see attachment].To clarify the only term to be
used in the above captioned code please accept the following suggested amendments.
Section 4.2.1 General.Delete the words Chiefof the Fire Department and insert in
place thereof the words Head of the Fire Department or his designee
Sections 7.2.3; 7.3.7; 8.1.7; 8.3.8;and 9.5.5 Delete the words Fire Department and
insert in place thereof the words Head of the Fire Department or his designee.
espectfully submitted,
III \\p/c Solicitor Elizabeth M.Rennard
City Planner Lynn G. Duncan AICP
Fire Chief David W. Cody
City Council(Cheryl A.LaPointe City Clerk)
SALEM CITY HALL • 93 WASHINGTON STREET • SALEM, MA 01970-3592 • WWW.SALEM.COM
THE COMMONWEALTH OF MASSACHUSETTS
MASSACHUSETTS GENERAL LAWS,CHAPTER 148
WILLIAM FRANCIS GALVIN,SECRETARY OF THE COMMONWEALTH
CHAP. 148-continued
148:1. Definitions.
Section 1" In this chapter the following words,unless a different meaning is required
by the context or is specifically prescribed,shall have the following meanings:
"Departrni lit";41ie department of fire'serAces: -
"Division",the division of fire safety of the department of fire services.
"Head of the fire department",the chief executive officer of the fire department in a city,
town or fire district having such an officer, otherwise the fire commissioner, board of fire
commissioners or fire engineers,or commissioner of public safety;and,in towns not having
a fire department, the chief engineer, if any, otherwise the chairman of the board of
selectmen.
"Local licensing authority",in towns,including those towns which have adopted a town
management form of government, the board of selectmen; in Boston, the board of street
commissioners; in cities having adopted one of the plans of government provided in chapter
forty-three,the city council,or the licensing board or commission in such cities wherein such
a board or commission is authorized by statute or ordinance to grant licenses under this
chapter,in other cities,the board of aldermen,or the licensing board or commission in cities
wherein such a board or commission is authorized by statute or ordinance to grant licenses
under this chapter;provided,that in any town having over twenty thousand inhabitants, an
unpaid licensing board of three members may be appointed or designated by the board of
selectmen to act as the licensing authority in issuing licenses for garages for not more that,.
two automobiles or motor vehicles. In case the board of aldermen or city council constitute
such authority,any hearing required by this chapter may be held before a committee thereof.
"Marshal",the state fire marshal or his designee.
"Board", the board of fire prevention regulations established under section four of
chapter twenty-two D.
"Building"a combination of any materials,whether portable or fixed,having a roof,to
form a structure for the shelter of persons, animals or property" For the purpose of this
definition"roof'shall include an awning or any similar covering,whether or not permanent
in nature. The word "building" shall be construed where the context allows as though
followed by the words"or part or parts thereof'.
"Structure", a combination of materials assembled at a fixed location to give support or
shelter, such as a building, framework, retaining wall,tent,reviewing stand,platform, bin,
fence, sign, flagpole, mast for radio antenna or the like" The word "structure" shall be
construed, where the context allows, as though followed by the words "or part or parts
thereof'.
148:2. Investigations of fires or explosions by local officials; notice to marshal of
suspicious origins or undetermined causes; reports; records.
Section 2. The head of a fire department in a city, town, or district wherein a fire or
explosion has destroyed or damaged property shall investigate the cause and circumstances
5
§20-78 SALEM CODE
Sec. 20-78. Care and maintenance of fire Sec. 20-82. Annual report.
equipment. The chief of the fire department shall annually
The chief of the fire department shall be re- on October 1 report to the city council and submit
sponsible for the care,maintenance and condition a detailed statement of the receipts and expendi-
of all fire apparatus and equipment owned by the tures of the fire department during the preceding
city, fiscal year;the condition of the fire apparatus and
(Code 1973, § 1248) equipment;a schedule of the property in charge of
the department; the names of the officers and
Sec. 20-79. Establishing departmental rules members; and a statement of the fires during
and regulations; closing build- such year, specifying the names of the owners or
ings containing fire apparatus. occupants of the premises damaged or destroyed,
the cause of the fire,if known,the amount of loss
(a) The chief of the fire department shall coop- or damage and insurance thereon, and all other
erate with the mayor in establishing and, from facts of interest relating to the department.
time to time, in revising suitable rules and regu- (Code 1973, § 12-52)
lations for the organization and conduct of the
department,but such rules and regulations or the Secs. 20.83-20.110. Reserved.
revision thereof shall not become effective until
they have been approved by the city council.
ARTICLE M. FIRE PREVENTION CODE
(b) No building housing fire apparatus within
the city shall be closed for any length of time Sec. 20.111. Adopted.
without the approval of the mayor and the city
council. There is adopted by the city,for the purpose of
(Code 1973, § 12-49) prescribing regulations governing conditions haz-
ardous to life and property from fire or explosion,
Sec. 20.80. Command of firefighters and that certain code known as the BOCA National
spectators at fires. Fire Prevention Code, 1996 edition, save and
except such portions as are deleted, modified, or
At fires, the chief of the fire department shall amended as provided by section 20-119. The fire
be in absolute command not only of members of prevention code is adopted and incorporated as
the department but of all persons present at such My as if set out at length in this section and the
fires. provisions thereof shall be controlling within the
(Code 1973, § 12-50) city limits.Not less than three copies of such code
are filed in the office of the city clerk.
Sec. 20.81. Monthly inspection of commer- (Code 1973, § 12-63)
cial places containing combusti-
bles. Sec. 20-112. Establishment and duties of fire
prevention bureau.
The chief of the fire department shall cause the (a) The fire prevention code adopted in this
members of the fire department to inspect at least article shall be enforced by the fire prevention
monthly all places used for business or manufac- bureau in the fire department, which bureau is
turing purposes where combustible materials are established and which shall he operated under
likely to be collected or deposited. If, because of the supervision of the chief of the fire department.
the presence of such materials, and under such
circumstances that such inspector deems it dan- (b) The fire prevention bureau shall be under
gerous in case of fire,he shall forthwith report the the command of an officer of the fire department
condition to his immediate superior officer, who assigned by the chief of the fire department. The
shall cause the removal of such material. officer in charge of the fire prevention bureau
(Code 1973, § 12-51) shall have the title of fire marshal.
CD20:6
§20.117 SALEM CODE
(b) The survey shall record all visible strut- (c) The fire prevention bureau stamp of ap-
tural defects such as cracks, settlements, and proval shall be placed on the plans when ap-
lines out of plumb. proved.Two sets of plans shall be returned to the
(c) The survey data shall be recorded in a submitting architect or contractor. A report of ti
permanent manner,in approved hardbound note- such approval shall be submitted to the building
aphs inspector,the architect and/or the contractor stat-
books.The survey data shall include photogrmg full approval; or approval with certain minor
showing the building construction surveyed, ref-
sowi
showAlso,a tape record- additions,deletions,insertions;or other pertinent
d to the notebook pages. t
data as may be necessary for full compliance with
the fire
ing of all data pertinent to the survey shall be re
made. The scope and format of the record survey code.
shall be satisfactory to the fire marshal. Before (d) If such plans are not approved, a report
commencing any blasting or ledge excavation, a shall be forwarded to the building inspector, the
copy of the survey must be on file in the office of architect and/or the contractor, stating any defi-
the fire marshal,in accordance with the Board of ciencies as determined by the fire prevention
Fire Prevention Regulations, 527 CMR bureau.
13.09:(10)(e).The filing fee for the survey shall be (Code 1973, § 12-71)
$25.00 payable to the city and shall accompany
the copy filed with the fire marshal.
(d) The adjacent area requiring the preblast See. 20-119. Modification.
survey is specified as all buildings and stone walls The head of the fire,department and/or the fire
within a radius of 250 feet from the blast. marshal shall have the power to modify any of the
(e) However, no preblast survey shall be re- provisions of the fire code, upon application in
quired if blasting is within the following limits: writing by the owner or lessee or his duly autho-
The total charge weight per blast does not exceed rized agent, when there are practical difficulties
five pounds, and the maximum weight per delay in the manner of carrying out the strict letter of
does not exceed two pounds per delay. the code, provided the spirit of the code shall be
(f) Any blasting pursuant to this section must observed, public safety secured, and substantial
be done under the supervision of the fire preven- justice done.The particulars of such modification,
tion bureau or its designee. The cost of such when granted or allowed, and the decision of the
vision shall be borne e. the owner of the fire marshal thereon shall be entered upon the
superblasted. records of the department,and a signed copy shall
land vi
(Code 1973, § 12-70; Ord. of 5-9-1996; Ord. of (C furnished to the applicant.
ode 1973, § 12-72)
5-23-1996) (C
Sec. 20-118. Submission of plans for ap- Sec. 20-120. Appeals.
proval.
Whenever the head of the fire department or
(a) The fire prevention bureau shall be pro-
hes designee shall disapprove an application or
vided with three complete sets of plans concern-
ing fire protection drawn to scale,with sufficient refuse to grant permit applied for a when it is
clarity and detail dimensions to show the nature claimed that thea provisions of the fire prevention
and character of the work to be performed,on any cede no apply, or that the true intent and
or
new construction, alterations, or remodeling. meaning the code have been misconstrued
wrongly interpreted, the applicant may appeal
(b) Plans shall be submitted for approval of all his decision, in writing, to the head of the fire
fire protection equipment in compliance with the department.Appeals of the decision of the head of
requirements of section 113.5 of the state building the fire department may be submitted to the state
code,527 CMR,the city fire code,and the general fire marshal. Such appeal shall be Sled with the
laws of the commonwealth. marshal not later than ten days following the act,
CD20:8
CITY OF SALEM
PLANNING BOARD
The City of Salem Planning Board will hold a joint public hearing pursuant to G.L .c,,40A, s. 5
with the Salem City Council on Wednesday, July 1, 2009, at 6:30 �m, 'aCity Hall-,Council
Chambers, 93 Washington Street, Salem, Massachusetts on the proposed zoning ordinance re-
codification for the City of Salem, Massachusetts; providing for the adoption of recodified
Sections 1 through 10; the repeal of certain ordinances not included therein; and providing when
such code and this ordinance shall become effective.
The purpose is to reorganize the Zoning Ordinance. The proposed recodified sections contain
"housekeeping"changes, rather than substantive changes.
In addition:
Section 2. All zoning ordinances enacted on or before February 6, 2009 and not included in the
zoning ordinance or referenced therein are hereby repealed.
Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any
ordinance or part thereof that has been repealed by this ordinance.
Section 4. Additions or amendments to the zoning ordinance when passed in such form as to
indicate an intention to make the same a part of the zoning ordinance shall be deemed to be
incorporated in the zoning ordinance, so that reference to the zoning ordinance includes the
additions and amendments.
Section 5. Any person who violates the zoning ordinance may be fined as provided in section
9.2.3 thereof.
Section 6. Ordinances adopted after February 6, 2009, that amend or refer to ordinances in the
zoning ordinance shall be construed as if they amend or refer to like provisions of the attached
zoning ordinance.
Section 7. This ordinance shall take effect as provided by law.
The purpose of the public hearing is to provide interested parties with an opportunity to comment
on the proposed changes to the Salem Zoning Ordinance.
The complete text of the proposed re-codified Zoning Ordinance is on file at the Department of
Planning & Community Development, 120 Washington Street, Salem, Massachusetts, and is
available for review during regular business hours.
C416.-2.. -p'.0,, /o-yL
Charles Puleo, Chairman a
.,Official U Atln &
f hls notice pof a� on Mass. o rL 7 8 l
Clty Hall ., 'Salem taoe
I in
at di
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.CUM