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MINUTES - Regular - 10/28/2004 CITY OF SALEM 603 OCTOBER 28, 2004 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, October 28, 2004 at 7.00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on October 22, 2004. Councillors Bencal and Veno were recorded as absent. Council President Leonard F. O'Leary presided. Councillor Sosnowski moved to dispense with the reading of the record of the previous meeting. It was so voted. President O'Leary requested that everyone please rise to recite the Pledge of Allegiance. #694 — REAPPT. GEORGE J. SOFFORN AS CONSTABLE The Mayor's reappointment of George J. Soffron as a Constable for a term to expire November 7, 2007 was received and filed. #695 —APPR. CAPITAL OUTLAY— EQUIPMENT FOR INFORMATION TECHNOLOGY The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDERED: That the sum of Seventy-Five Thousand Three Hundred and Ten Dollars ($75,310.00) is hereby appropriated to the "Capital Outlay — Equipment" Account to be expended to make necessary upgrades to the City's existing Information Technology (I.T.) to current technology in accordance with the recommendation of His Honor the Mayor. #696 —APPR. TO CEMETERY— SEASONAL PAYROLL The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDERED: That the sum of Five Thousand dollars ($5,000.00) is hereby appropriated from the "Receipts Reserved — Cemetery — Perpetual Care" 604 CITY OF SALEM OCTOBER 28, 2004 REGULAR MEETING OF THE CITY COUNCIL Account to the "Cemetery — Seasonal Payroll" Account in accordance with the recommendation of His Honor the Mayor. #697 —APPR. TO HARBORMASTER —VEHICLE REPAIR The following Order recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of One Thousand Dollars ($1,000.00) is hereby appropriated from the "Receipts Reserved — Harbormaster" Account to the "Harbormaster Vehicle Repair/Maintenance" Account in accordance with the recommendation of His Honor the Mayor. #698 — PROPOSED ZONING ORDINANCE AMENDMENT TO CREATE THE NORTH RIVER CANAL CORRIDOR NEIGHBORHOOD MIXED USE DISTRICT (NRCC) The following proposed amendment to the City of Salem Zoning Ordinance to create the "North River Canal Corridor (NRCC) Neighborhood Mixed Use District" was referred to the Planning Board to schedule continuation of the Joint Public Hearing of June 23, 2004. Section 7-20(a): Purpose of the North River Canal Corridor (NRCC) Neighborhood Mixed Use District The North River Canal Corridor (NRCC) Neighborhood Mixed Use District is intended to fulfill the goals and objectives contained within the Neighborhood Master Plan for the North River Canal Corridor. The Master Plan has been enacted to encourage the best use for the North River Canal Corridor physically, economically, environmentally, and socially while promoting the best interests of the residents of the City. The goals of the plan, as stated in the North River Canal Corridor Vision Statement (February 2003), are as follows: 1. Create appropriate development while preserving our historic neighborhood character 2. Address transportation issues for existing and new developments CITY OF SALEM 605 OCTOBER 28, 2004 REGULAR MEETING OF THE CITY COUNCIL 3. Enhance the public realm in keeping with our unique neighborhood character In order to achieve these goals, all development shall comply with the following- 1. All development shall be in compliance with the Neighborhood Master Plan for the North River Canal Corridor, October, 2003. 2. All development shall be designed to complement and harmonize with adjacent land uses (existing and proposed) with respect to architecture, scale, landscaping and screening. Building materials of brick, stone, and wood are encouraged. Pre-cast concrete panels are highly discouraged. 3. Ground floor spaces should have active pedestrian friendly uses. 4. Buildings should be located in a way to create a presence on the main corridor's street edges. 5. Buildings shall face the main corridor and have an entrance on the main corridor. 6. Streets and roadways must include sidewalks and landscaping to provide an attractive connection for pedestrian use, and to complement adjacent parkland. 7. Uses are designed to generate pedestrian traffic. 8. All retail uses should support the adjacent neighborhoods. 9. All development shall be designed to facilitate, accommodate, and encourage use by pedestrians as much as, if not more so than, use by motorized vehicles. 10.Water dependent uses are encouraged to be developed on the parcels located within the District and adjacent to the North River, particularly: a. Parks, open space, pedestrian facilities, and both public and commercial recreational facilities. b. Marinas, boat yards, boat basins, boat storage yards, yacht clubs, and other commercial and recreational boating. c. Shore protection structures such as seawalls, bulkheads and revetments. d. Flood, water level, or tidal control facilities. 606 CITY OF SALEM OCTOBER 28, 2004 REGULAR MEETING OF THE CITY COUNCIL e. Marine industry, including marine terminals for the transfer between ships and shore, facilities related to the construction, serving, maintenance, repair or storage of vessels or other marine structures, facilities for tug boats, barges, dredges or other vessels engaged in port operations or marina construction. Section 7-20(b): Consistency With the Plan The NRCC Plan, when read in concert with this Section, establishes a comprehensive plan for development in the North River Canal Corridor. Development must be complient with both this plan and the NRCC Neighborhood Mixed Use District: Section 7-20(c): Boundaries The boundaries of the NRCC Neighborhood Mixed Use District are shown on the attached map. Section 7-20(d): Definitions Main Corridors: Main Corridors are defined as the portions of Boston Street, Bridge Street, North Street, and Mason Street that are located within the boundaries of the NRCC Neighborhood Mixed Use District. Section 7-20(e): Permitted Uses The following are the uses permitted in the NRCC Neighborhood Mixed Use District: Artist Space 1. Artist lofts and living space, studios, workrooms and shops of artists, artisans and craftsmen, where products of the artistic endeavor or craft activity can be for sale on the premises or by specific off-premises commission from a sponsor or client. 2. Trade schools having interior classroom space and where no exterior work occurs on site. 3. Galleries. Office 1. Business and professional offices 2. Medical and dental offices Research/Light Manufacturing CITY OF SALEM 607 OCTOBER 28, 2004 REGULAR MEETING OF THE CITY COUNCIL 1. Laboratories engaged in research, experimental and testing activities which may include the development of mockups and prototypes but not the manufacture of finished products. 2. Manufacturing of biotechnology and pharmaceutical products including fabrication, assembly, finishing work provided that such operations: a. Are not dangerous by reason of hazard from fire or explosion b. Are not offensive, detrimental, injurious, noxious or hazardous by reason of causing dust, smoke, odor, fumes, radiation, groundwater discharge, noise, vibration, traffic congestion or other nuisance c. Are compatible with adjacent non-industrial uses Residential 1. Single family detached dwellings 2. Two-family attached dwellings 3. Multifamily residential uses as secondary uses in upper floors of structures primarily used for retail, personal service or office purposes Other 1. Use of land or buildings for religious purposes 2. Use of land or buildings for educational purposes on land owned or leased by the Commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sector denomination, or by a nonprofit educational corporation 3. Public parks or playgrounds Retail 1. Retail uses are allowed only as part of a mixed use structure containing non-retail uses on the upper floors 2. Retail uses are allowed only on the ground level of a structure 3. The percentage of retail uses verses other uses shall be no more than 50% 4. Each individual retail use shall not exceed 3,000 gross square feet in size. Individual retail uses cannot be combined 5. Retail uses are specifically limited to the following and should support the adjacent neighborhoods: a. Books, stationery and gift stores b. Florist shops, but excluding greenhouses c. Crafts related stores selling jewelry, crafts, etc. where production occurs on the premises 608 CITY OF SALEM OCTOBER 28, 2004 REGULAR MEETING OF THE CITY COUNCIL d. Specialty food stores including a candy store, meat market, delicatessen or bakery e. Barber shops and beauty parlors f. Tailor and custom dressmaking shops g. Banks and savings and loan institutions h. Laundromats/Dry Cleaning Establishments i. Stores selling alcoholic beverages Section 7-20(0: Special Permit Uses The following uses are permitted only by the issuance of a special permit from the Planning Board: Artist Space 1. Music, recording, and dancing studios Residential 1. Multifamily residential uses as primary uses in townhouse, row house, flats or multistory arrangements provided that: a. Multi-family residential uses abut a residential use. A multi-family use totally surrounded by non-residential uses is not permitted b. Multi-family residential uses retain first floor commercial use on a main corridor c. For all newly constructed buildings (not additions to existing buildings), each unit shall have a separate exterior first floor entrance if located within 100 feet of a residentially used parcel in an abutting zoning district Research/Light Manufacturing 1. Light manufacturing of products, other than biotechnology and pharmaceutical, including fabrication, assembly, finishing work provided that such operations: a. Are not dangerous by reason of hazard from fire or explosion b. Are not offensive, detrimental, injurious, noxious or hazardous by reason of causing dust, smoke, odor, fumes, radiation, groundwater discharge, noise, vibration, traffic congestion or other nuisance c. Are compatible with adjacent non-industrial uses. CITY OF SALEM 609 OCTOBER 28, 2004 REGULAR MEETING OF THE CITY COUNCIL Retail 1. Each individual retail use greater than 3,000 square feet in size, which otherwise meets all other requirements as set forth in the retail permitted use section [Section 7-20(d)]: a. Retail uses are allowed only as part of a mixed use building containing non-retail uses on the upper floors b. Retail uses are allowed only on the ground level of a structure c. The percentage of retail uses verses other uses shall be no more than 50% d. Retail uses are specifically limited to the following- 1. Books, stationery and gift stores 2. Florist shops, but excluding greenhouses 3. Crafts related stores selling jewelry, crafts, etc. where production occurs on the premises 4. Specialty food stores, but not those intended for consumption on the premises, including a candy store, meat market, delicatessen or bakery 5. Barber shops and beauty parlors 6. Tailor and custom dressmaking shops 7. Banks and savings and loan institutions 8. Laundromats/Dry Cleaning Establishments 9. Stores selling alcoholic beverages 2. Restaurants and other eating and drinking places of any square footage in size. Other 1. Hotel or inn Section 7-20(g): Prohibited Uses The following uses are strictly prohibited in the NRCC Neighborhood Mixed Use District- 1. General storage, warehousing and wholesale distribution facilities 2. Drugstores 3. Supermarkets 4. Motor vehicle service stations 5. Drive-thru facilities 6. Motor vehicle car wash 7. Motor Vehicle general and body repair 610 CITY OF SALEM OCTOBER 28, 2004 REGULAR MEETING OF THE CITY COUNCIL Section 7-21(g): Site Plan Review Applicability Any building or additions of any square footage proposed in this area, excluding the construction of a two family or single family home, shall be subject to site plan review. Review Criteria In addition to the requirements as set forth in Article VII, Section 7-18 of this Ordinance, the Planning Board shall review all such submitted plans in accordance with the following criteria- 1. That the project is in compliance with the North River Canal Corridor Master Plan, October, 2003 and a determination shall be made as to whether or not the development plan is in compliance with said Master Plan and if not in compliance, the basis of the determination that the plan is not in compliance. 2. Action shall not be taken on any plan until it has received a recommendation from the Design Review Board of the Salem Redevelopment Authority concerning the design of the project. The Design Review Board shall refer to the Urban Design Criteria, Exhibit C of both Urban Renewal Plans East and West when making their recommendation. 3. The project is designed to complement and harmonize with adjacent land uses (existing and proposed) with respect to architecture, scale, landscaping and screening. Furthermore, buildings shall use materials and details that are consistent with the architectural heritage of surrounding buildings. Building materials of brick, stone, and wood are encouraged. Pre-cast concrete panels are discouraged. 4. Buildings are located in a way to create a presence on main corridor street edges. 5. Parking lots shall avoid large expanses that are unbroken by buildings or substantial landscaped areas 6. Ground floor spaces should have lively, pedestrian friendly uses 7. Buildings shall have a strong pedestrian connection to streets and/or pedestrian ways. CITY OF SALEM 611 OCTOBER 28, 2004 REGULAR MEETING OF THE CITY COUNCIL 8. New facade elements on existing buildings shall use materials and details that are consistent with the architectural heritage of the buildings on which they are located 9. Parking facilities are located to the rear or side of the structures whenever physically feasible. 10.Traffic calming measures should be used to discourage cut through traffic in the rear parking lot of any site. 11. All development shall be supported by: a. Information on subsurface contamination/toxic material and adequate plans for remediation so that the public health will not be adversely affected b. Floodplain information and plans for adequate management of any anticipated problems c. Adequate storm water management plans d. Information on the water distribution and sanitary sewer system and plans for any modification necessary to adequately serve the proposed development Section 7-20(1): Fences In order to maintain and maximize the aesthetic views and sight lines, all fences along the front and side lot lines shall comply with the following standards- 1. No fence along a front line or side lot line to the front building line shall be more than four (4) feet in height, as measured from the curb level of the street or the average grade elevation of the land where the fence is to be located, whichever is deemed appropriate. 2. Chain link and wire fences are prohibited along any lot lines. Section 7-20 (j): Signage Applicability 1. All signage shall follow the Salem Sign Ordinance, except that the size of all signs within the NRCC Neighborhood Mixed Use District shall be one- half(1/2) the size which is allowed by the Salem Sign Ordinance. 2. Any building requiring site plan review, shall required review of the signage for design by the Design Review Board. The Design Review Board will submit a recommendation to the Planning Board prior to action being taken on the site plan review application. 612 CITY OF SALEM OCTOBER 28, 2004 REGULAR MEETING OF THE CITY COUNCIL Section 7-20(k): Mechanical Equipment and Refuse Storage No refuse storage areas or mechanical equipment areas shall be located in a front yard, nor within twenty five (25) feet of the front lot line of the side yard. Such areas shall be screened from all public ways, parking areas, residential land uses and open space areas. Section 7-20(I): Density Regulations 1. A building erected hereafter for uses permitted in the NRCC Neighborhood Mixed Use District shall meet the requirements set forth in the following table: Minimum lot area 15,000 square feet Minimum lot area per dwelling unit 3,500 square feet Minimum lot width 60 feet Maximum lot coverage by all buildings 50% Minimum width of side yard No side yard required Minimum width of front yard No front yard required Minimum width of rear yard No rear yard required Maximum height of buildings 50 feet Maximum height of buildings 4 stories Maximum height of fences and boundary walls 6 feet Floor area ratio 2.1 2. Density Bonuses The Planning Board may award a density bonus to increase the number of dwelling units beyond the maximum number permitted in the NRCC Neighborhood Mixed Use District. The density bonus in the District shall not, in the aggregate, be more than twice that of the maximum number of units permitted in the District. Computations shall be rounded to the lowest number. A density bonus may be awarded in the following circumstances: a. If 100% of the historically significant portions of an existing building, as approved by the Salem Historical Commission or there is an opinion from the Massachusetts Historical Commission that it is eligible for listing on the National Register, is being preserved; a bonus of up to fifty (50%) of the maximum number of units CITY OF SALEM 613 OCTOBER 28, 2004 REGULAR MEETING OF THE CITY COUNCIL permitted may be awarded. In order for the density bonus to be awarded, any new development on the site cannot adversely affect the historic building, as determined by the Historical Commission. The "historically significant portions of the building" shall be determined by an architectural preservation professional. b. For each ten percent (10%) of the site set aside as contiguous open space (an area that does not contain parking or buildings and only contains natural vegetation or landscaped areas) that is in addition to any required buffer zone, a bonus of five (5%) percent of the maximum number of units permitted may be awarded; provided, however, that this density bonus shall not exceed 25% of the maximum number of units permitted. c. For every unit of affordable housing, which is defined as year-round units that serve households at or below 80% of the area median income and will remain affordable for a minimum of 99 years, one dwelling units may be added as a density bonus; provided, however that this density bonus shall not exceed 25% of the maximum number of units permitted. d. For every unit of the artist live/work space, one dwelling unit may be added as a density bonus; provided, however, that this density bonus shall not exceed 50% of the maximum number of units permitted. e. If a new public roadway is constructed by the developer on the site in accordance with the NRCC Master Plan, a bonus of 50% of the maximum number of units permitted may be awarded. f. If a new public bike path or pedestrian path is constructed by the developer on the site in accordance with the NRCC Master Plan, a bonus of 25% of the maximum number of units permitted may be awarded. Section 7-20(m): Parking Requirements Parking areas within the NRCC Neighborhood Mixed Use District shall meet the following criteria: 1. Parking in this district should be located to the rear or side of the building whenever physically feasible. 614 CITY OF SALEM OCTOBER 28, 2004 REGULAR MEETING OF THE CITY COUNCIL 2. All parking areas of more than twelve (12) spaces shall be arranged and landscaped to properly screen vehicles from adjacent properties and streets. The requirements for such landscaping are as follows: a. Landscaping shall include, at a minimum, one (1) tree of three and one half inch to four inch caliper for each three (3) parking spaces. Trees shall be planted in plant beds bounded by six inch granite curbing. b. No plant bed shall be less than fifteen (15) square feet and no dimension of such plant bed shall be less than three (3) feet. c. A planting strip of no less than three (3) feet wide shall separate vehicles parked face to face in a parking area. Such planting strip shall include one (1) three and one half inch to four inch caliper tree every twenty seven (27) feet (in line with striping) and other appropriate landscaping. d. Parking Spaces for the following uses shall be provided as follows: Use Required Parkin Dwellings and home One and a half (1.5) spaces per occupations dwelling unit, with a minimum of two (2) spaces, plus one (1) space for each home occupation Artist space with a studio where One (1) space per dwelling unit, plus items are sold one (1) space for patrons. All other uses in the NRCC Neighborhood Mixed Use District shall follow the parking requirements as listed in this Zoning Ordinance. Section 7-20(n): Transitional Overlay District The Transitional Overlay District encompasses those parcels that are located at the boundaries of the NRCC Neighborhood Mixed Use District and that also abut a residential zone (either directly or across a public way) or abut a residentially used parcel outside the NRCC Neighborhood Mixed Use District. This section of the Ordinance sets additional requirements for development of those parcels. It is intended to create development in the NRCC Neighborhood Mixed Use District CITY OF SALEM 615 OCTOBER 28, 2004 REGULAR MEETING OF THE CITY COUNCIL that will be compatible with the adjacent residentially zoned and used parcels and that will provide a transition and buffer between the adjacent residentially zoned and used parcels in the NRCC Neighborhood Mixed Use District. 1. Properties located within the Transitional Overlay District shall meet the following requirements: a. Height of Buildings: Buildings located within 50 feet of a residentially zoned or used parcel shall be a maximum of 40 feet in height or 3 stories. b. Loading Facilities: Loading facilities shall be located at the rear or side of the building and must be a minimum of 50 feet from abutting residentially zoned or used parcels so as to minimize the impact on the abutting residential parcels. c. Buffer Areas: A buffer zone is an area where no construction or destruction of land shall take place. A minimum buffer area of 50 feet is required from any residential use, conservation use, or residentially zoned parcel. The buffer area must include landscaping to shield the abutting residential properties. The buffer zone can be decreased to 25 feet by approval of the Planning Board with additional landscaping, fencing and berms. d. Fences/Boundary Walls-The maximum height of fences and boundary walls adjacent to residentially zoned or used parcels can be increased to 10 feet with special permit approval from the Planning Board. 2. Properties located within the Transitional Overlay District that are also located on the North River but not the North River Canal, shall, in addition to the above requirements, also meet the following requirements: Loading Facilities: Loading facilities shall be located at the rear of the structure and must be a minimum of 50 feet from the river's edge. Preferred Permitted Uses: Water dependent uses, particularly: 616 CITY OF SALEM OCTOBER 28, 2004 REGULAR MEETING OF THE CITY COUNCIL 1. Parks, open space, pedestrian facilities, and both public and commercial recreational facilities 2. Marinas, boat yards, boat basins, boat storage yards, yacht clubs, and other commercial and recreational boating 3. Shore protection structures such as seawalls, bulkheads and revetments 4. Flood, water level, or tidal control facilities 5. Marine industry, including marine terminals for the transfer between ships and shore, facilities related to the construction, serving, maintenance, repair or storage of vessels or other marine structures, facilities for tug boats, barges, dredges or other vessels engaged in port operations or marina construction Non-Preferred Uses: All other uses permitted, either by right or by special permit, in the district are allowed by the issuance of a special permit from the Planning Board only. Prohibited Uses: The following uses are strictly prohibited: • Hotels or inns Minimum Lot Area: The minimum lot area per dwelling unit is 5,500 square feet. Density bonuses cannot be awarded. Section 2. This Ordinance shall take effect as provided by City Charter. #699 — TRANSFER TO CARLTON SCHOOL CAPITAL PROJECT FUND. The following Order was from the Mayor after the deadline of Tuesday Noon. Councillor Harvey requested and received unanimous consent to suspend the rules, to allow the matter to come before the Council. The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDERED: That in accordance with Chapter 44, Section 20 of the Massachusetts General Laws, the sum of One Hundred Forty-six Thousand Thirteen Dollars ($146,013.00), representing unexpected proceeds of bonds or CITY OF SALEM 617 OCTOBER 28, 2004 REGULAR MEETING OF THE CITY COUNCIL notes of the City issued to pay costs of the Bowditch ($82,459.00) and Witchcraft ($63,554.00) School Capital Projects, be and hereby is appropriated to meet additional costs associated with the Carlton School Capital Project. #700 — RESOLUTION SALEM HIGH SCHOOL GOLF CLUB Councillor Harvey introduced the following Resolution, which was Adopted. RESOLUTION: WHEREAS: The Salem High School Golf Team has completed another outstanding season and has won for the second consecutive time, the North Eastern Conference Championship; and WHEREAS: They have demonstrated good sportsmanship by their commitment, dedication, perseverance and drive; and WHEREAS: Under the leadership of a great coach Tom Doyle, have reflected a positive glow over Salem High School for their outstanding athletic efforts. NOW THEREFORE BE IT RESOLVED: That the Salem City Council do hereby give full regard and appreciation to this outstanding team for their enduring qualities, excellent skills and athletic efforts, and do further commend them for their positive reflection on the youth of Salem, their school, and their city. AND BE IT FURTHER RESOLVED: That this Resolution be made a matter of record of these proceedings and that a copy be presented to Coach Doyle for the team, as a token of our pride in their exceptional accomplishments on becoming the North- eastern conference Champions for the second consecutive year. Councillor O'Leary requested and received unanimous consent to suspend the rules to allow Coach Doyle to speak. Councillor Harvey takes the chair. 618 CITY OF SALEM OCTOBER 28, 2004 REGULAR MEETING OF THE CITY COUNCIL #701 —APPROPRIATE FUNDS FOR A TRAFFIC STUDY Councillor O'Leary introduced the following Order. ORDERED: That the Mayor appropriate sufficient funds for the City of Salem to perform a Comprehensive Traffic Study that will analyze the current traffic throughout the city. Councillor Lovely amended to include the need for a Traffic Commission, which was adopted. Councillor Harvey amended to refer the matter to the Committee on Community and Economic Development and invite Mr. Nathan Gartner from Umass Lowell and a copy of this order be sent to the Mayor, which was adopted. The Order was adopted as amended as follows: ORDERED: That the Mayor appropriate sufficient funds for the City of Salem to perform a Comprehensive Traffic Study that will analyze the current traffic throughout the city, and discuss the need to form a Traffic Commission. And further that the matter be referred to the Committee on Community and Economic Development. And invite Mr. Nathan Gartner from Umass Lowell and that a copy of this order be sent to the Mayor. Councillor O'Leary resumed the chair. #702 — ORDINANCE AMENDING STREET & SIDEWALK EXCAVATION PERMIT FEE Councillor Harvey introduced the following Ordinance, which was adopted for first passage. In the year two thousand and four An Ordinance to amend an Ordinance relative to Street and Sidewalk Excavation permit fees. Be it ordained by the City Council of the City of Salem, as follows: CITY OF SALEM 619 OCTOBER 28, 2004 REGULAR MEETING OF THE CITY COUNCIL Section 1. Chapter 38, Article IV, Section 196, Excavations, is hereby amended by deleting $500.00 and inserting in place thereof the following: Chapter 38, Section 196 Permit Fee (a) The following is the permit fee schedule as required by this Article. Base permit fee......................$100.00 Section 2. This Ordinance shall take effect as provided by City Charter. #703 — CULVERTS ON BROOK ST., JEFFERSON AVE. & MILL POND BE CLEANED Councillor Lovely and Councillor Pelletier introduced the following Order. ORDERED: That the City Engineer be invited to meet with the Committee on Community and Economic Development to discuss and plan a course of action to clean the Brook Street culvert, the Jefferson Avenue culvert and Dove Avenue culvert and the Mill Pond and request that the Northeast Massachusetts Mosquito Control be requested to participate. Councillor O'Keefe amended to look at storm drains on Burnside Street, was adopted. Councillor Harvey amended the need for formalized maintenance plan, was adopted. The Order was adopted as amended as follows: ORDERED: That the City Engineer be invited to meet with the Committee on Community and Economic Development to discuss and plan a course of action to clean the Brook Street culvert, the Jefferson Avenue culvert and Dove Avenue culvert and the Mill Pond and request that the Northeast Massachusetts Mosquito Control be requested to participate. Also that Burnside Street and Bridge Street storm drains be looked at and that a formalized routine maintenance plan be done. 620 CITY OF SALEM OCTOBER 28, 2004 REGULAR MEETING OF THE CITY COUNCIL #704 — ORDINANCE TO AMEND ZONING FOR CHESTNUT STREET Councillor Pelletier introduced the following Order, which was adopted. ORDERED: That the City Council initiate a Petition, pursuant to Massachusetts General Laws Chapter 40A, Section 5, to amend the Salem Zoning Bylaws and Zoning Map to rezone Chestnut Street and all the parcels fronting thereon, from a Two-Family Residential District (R-2) to a One-Family Residential District (R-1). Be it further ordered that the City Clerk, in conjunction with the Planning Board, schedule a Joint Public Hearing on the proposed amendment in accordance with the statute. Councillor Harvey moved for immediate reconsideration in the hopes it does not prevail. Reconsideration was denied. Councillor O'Keefe was recorded as opposed. #705 — (#564) - ORDINANCE RELATIVE TO SPRAY PAINT VANDELISM Councillor O'Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation. The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of an Ordinance amending Chapter 24, Section 25, Spray Paint Vandelism has considered said matter and would recommend adoption for second and final passage. #706 — (#691) — GRANTING LICENSES Councillor O'Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation. The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of granting certain licenses has considered said matter and would recommend that the following be granted. TAXI OPERATOR Shane Dennis, 18 Porter St., Salem Dianne Veinot, 7 Harris St., Salem CITY OF SALEM 621 OCTOBER 28, 2004 REGULAR MEETING OF THE CITY COUNCIL #707 — (#664 -#719) —ACCEPT MGL CH. 44, SEC. 53E %, ESTABLISHING A REVOLVING FUND ACCOUNT Councillor Harvey offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation. The Committee on Administration and Finance to whom was referred the matter of accepting Massachusetts General Law Chapter 44, Section 53E '/2 , Revolving Fund Account has considered said matter and would recommend approval. #708 — (#457) — SAFETY CONCERNS ON CLIFTON AVENUE AND ADAMS STREET Councillor Harvey offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation. The Committee on Administration and Finance to whom was referred the matter of safety concerns on Clifton Avenue and Adams Street has considered said matter and would recommend that the City Engineer by requested to construct a sidewalk with a curb on Clifton Avenue from Plymouth Street to Lafayette Street. Also a sidewalk from 2 Adams Street to the intersection of Jefferson Avenue. #709 — REQUEST FOR EXTENDED BUSINESS HOURS FOR NIKO'S PIZZA AND ROAST BEEF A request for extended business hours for Niko's Pizza and Roast Beef located at 333 Lafayette Street was referred to the Committee on Ordinances, Licenses and Legal Affairs. 622 CITY OF SALEM OCTOBER 28, 2004 REGULAR MEETING OF THE CITY COUNCIL #710 — TAG DAY The following Tag Day application for the Salem High School MCJROTC for November 7, 2004 was granted. #711 -#712 — LICENSE APPLICATIONS The following License applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. FORTUNETELLING Linda Weinbaum SECOND HAND R.A. DiFillipo Antiques, 131 Essex St. VALUABLE #713 -#714 — CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs. Candi Derderian, 12 Dundee St., Salem Mary Maker, 18 Bond St. #806, Lynn (#565) — SECOND PASSAGE — ORDINANCE AMENDING BOATS & WATERWAYS, MOORING PERMITS The matter of second and final passage of an Ordinance amending Boats and Waterways, Mooring fees was then taken up. The Ordinance was adopted for second and final passage. (#666) — SECOND PASSAGE — ORDINANCE AMENDING BUSINESS LICENSES, FOOD ESTABLISHMENTS, ALCOHOLIC BEVERAGES The matter of second and final passage of an Ordinance amending Business Licenses, Food Establishments, Alcoholic Beverages was then taken up. The Ordinance was adopted for second and final passage. (#674) — SECOND PASSAGE — ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, HANCOCK STREET CITY OF SALEM 623 OCTOBER 28, 2004 REGULAR MEETING OF THE CITY COUNCIL The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking Hancock Street was then taken up. The Ordinance was adopted for second and final passage. (#675) — SECOND PASSAGE — ORDINANCE AMENDING TRAFFIC, RESIDENT STICKER PARKING, FEDERAL COURT The matter of second and final passage of an Ordinance amending Traffic, Resident Sticker Parking Federal Court was then taken up. The Ordinance was adopted for second and final passage. (#676) — SECOND PASSAGE — ORDINANCE AMENDING TRAFFIC, NO PARKING TOW ZONE, FEDERAL COURT The matter of second and final passage of an Ordinance amending Traffic, No Parking, Tow Zone, Federal Court was then taken up. The Ordinance was adopted for second and final passage. (#677) — SECOND PASSAGE — ORDINANCE AMENDING TRAFFIC, NO PARKING TOW ZONE, CHARTER STREET The matter of second and final passage of an Ordinance amending Traffic, No Parking, Tow Zone, Charter Street was then taken up. The Ordinance was adopted for second and final passage. (#678) — SECOND PASSAGE — ORDINANCE AMENDING TRAFFIC, STOP SIGN, RAYMOND ROAD The matter of second and final passage of an Ordinance amending Traffic, Stop Sign, Raymond Road was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor Sosnowski the meeting adjourned at 8.00 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK