MINUTES - Regular - 10/26/2006 634 CITY OF SALEM
OCTOBER 26, 2006
REGULAR MEETING OF THE CITY COUNCIL
A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
October 26, 2006 at 7.00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on October 20, 2006 at 11.32 A.M.
All Councillors were present.
Council President Jean M. Pelletier presided.
Councillor Veno moved to dispense with the reading of the record of the previous meeting. It
was so voted.
#722 — HELD OVER APPT. OF VICTORIA SIRIANNI TO THE PLUMMER HOME FOR BOYS
TRUSTEES
Mayor's appointment of Victoria Sirianni to serve as a member of the Plummer Home For
Boys Trustees for a term to expire February 1, 2011 was confirmed by unanimous roll call vote of
11 yeas, 0 nays, 0 absent.
Councillor Lovely requested and received unanimous consent to suspend the rules to allow
Ms. Sirianni to speak.
#754 - APPT. OF JEROME JUDGE TO THE BIKE PATH COMMITTEE
Mayor's appointment of Jerome Judge to serve as a member of the Bike Path Committee for
a term to expire November 1, 2009 was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0
absent.
Councillor O'Keefe requested and received unanimous consent to suspend the rules to
allow Mr. Judge to speak.
#755 —APPT. OF MICHAEL NORTHCUTT TO THE AFFORDABLE HOUSING TRUST FUND
COMMITTEE
Mayor's appointment of Michael Northcutt to serve as a member of the Affordable Housing
Trust Fund Committee for a term to expire November 1, 2009 was held until the next meeting of
November 16, 2006 under the rules.
CITY OF SALEM 635
OCTOBER 26, 2006
REGULAR MEETING OF THE CITY COUNCIL
#756 —APPT. OF HEATHER PICKARD TO THE AFFORDABLE HOUSING TRUST FUND
COMMITTEE
Mayor's appointment of Heather Pickard to serve as a member of the Affordable Housing
Trust Fund Committee for a term to expire November 1, 2009 was held until the next meeting of
November 16, 2006 under the rules.
#757 —APPT. OF LEONETTE STROUT TO THE AFFORDABLE HOUSING TRUST FUND
COMMITTEE
Mayor's appointment of Leonette Strout to serve as a member of the Affordable Housing
Trust Fund Committee for a term to expire November 1, 2009 was held until the next meeting of
November 16, 2006 under the rules.
#758 - REAPPT. OF KEVIN CORNACCIO TO THE CONSERVATION COMMISSION
Mayor's reappointment of Kevin Cornaccio to serve as a member of the Conservation
Commission for a term to expire November 1, 2009 was confirmed by unanimous roll call vote of
11 yeas, 0 nays, 0 absent.
#759 —#760- (#617) - CONSTABLES
Mayor's appointment and reappointment of the following to serve as constables was
received and placed on file.
Christopher P. Chigas, 10 Lowell St., Peabody term to expire October 3, 2009
Cecilia Cordero, 14 Lynch St., #31, Salem term to expire September 18, 2007
#761 — (#617) — CONSTABLE TERM
Mayor submitting corrected date of term for Frank P. Salvo, term to expire September 14,
2009 was received and placed on file.
636 CITY OF SALEM
OCTOBER 26, 2006
REGULAR MEETING OF THE CITY COUNCIL
#762 — TRANSFER $4,500.00 TO ENGINEERING — SEWER OVERTIME
The following Order, recommended by the Mayor, was adopted under suspension of the
rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
ORDERED: That the sum of Four Thousand Five Hundred Dollars ($4,500.00) is hereby
transferred from the "Public Services — Sewer Overtime" account to the "Engineering — Sewer
Overtime" account in accordance with the recommendation of Her Honor the Mayor.
#763 - TRANSFER $4,500.00 TO ENGINEERING —WATER OVERTIME
The following Order, recommended by the Mayor, was adopted under suspension of the
rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
ORDERED: That the sum of Four Thousand Five Hundred Dollars ($4,500.00) is hereby
transferred from the "Public Services —Water Overtime" account to the "Engineering —Water
Overtime" account in accordance with the recommendation of Her Honor the Mayor.
#764 — REQUEST FROM STREGA RESTAURANT TO PUT UP A TENT FOR HAUNTED
HAPPENINGS
Councillor Lovely co-sponsored with Councillor Pelletier introduced the following Order.
ORDERED: That the enclosed request from Linda Cappuccio owner of Strega Restaurant to
put up a tent on the sidewalk for their patrons during Haunted Happenings be approved.
Councillor Sosnowski amended to make sure that the tent was tied down. It was so voted.
Councillor Corchado amended to make sure that there was wheelchair access on the
sidewalk with the sandwich board sign. It was so voted.
Councillor O'Leary amended to make sure the restaurant had an insurance bond for the
tent. It was so voted.
The Order was adopted as amended.
Councillor Veno moved immediate reconsideration in the hopes it would not prevail.
Reconsideration was denied.
CITY OF SALEM 637
OCTOBER 26, 2006
REGULAR MEETING OF THE CITY COUNCIL
#765 — FINANCIAL REPORT OF SEPTEMBER 30, 2006
Councillor O'Leary introduced the following Order, which was adopted.
ORDERED: That the enclosed Monthly Financial Report dated September 30, 2006 be
received and placed on file.
#766 — BUDGET REPORT OF SEPTEMBER 30, 2006
Councillor O'Leary introduced the following Order, which was adopted.
ORDERED: That the enclosed Year to Date Budget Report of September 30, 2006 be
received and placed on file.
#767 — LETTER FROM MAYOR REGARDING D.O.R.
Councillor O'Leary moved that the following Letter from the Mayor be received and placed
on file, it was so voted.
October 26, 2006
Honorable Salem City Council
Salem City Hall
Salem, MA 01970
Re: Free Cash Certification
Ladies and Gentlemen of the Council:
I am writing to inform you that the Department of Revenue (DOR) has certified Free Cash
for the City of Salem at $538,372.00. 1 want to thank Finance Director Richard Viscay and
the entire Finance Team for gathering and submitting the necessary documentation to DOR
in such a timely manner. This is the earliest date I can recall for the City to have a
certification in hand from DOR.
638 CITY OF SALEM
OCTOBER 26, 2006
REGULAR MEETING OF THE CITY COUNCIL
While I am grateful that we are no longer facing a multi-million dollar deficit and very proud
of the fact that we have been able to move our finances from red to black in such a short
timeframe, I certainly wouldn't want to give the misimpression that we have recovered from
our financial difficulties. The $538,3712.00 certified in Free Cash represents less than one
half of one percent of the City's annual operating budget and is a far cry from what
municipalities of our size are recommended to have in reserves. In addition, it is important to
note that free cash serves as a source for unforeseen expenditures that may arise
throughout the year, including snow removal or other unanticipated funding needs. While we
have done much to provide the Council with a realistic fiscal year budget, tapping a portion
of these dollars between now and June 30t" may be unavoidable.
As you know, both municipal rating agencies (Moodys and Standard and Poors) have cited
a need for the city to build back reserves in order to mount an effective case for an increase
in our bond rating. We are working hard to obtain this goal from both a bond rating and fiscal
health perspective. I am especially appreciative of our joint efforts toward that end and look
forward to a strong partnership focused on restoring our collective financial well being.
Very truly yours,
s/ Kimberley Driscoll
Mayor
#768 — ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, WISTERIA STREET
Councillor Veno introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and six
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50B,
"Handicapped Zones, Limited Time"
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Wisteria Street, in front of#11, for a distance of twenty (20) feet. "Handicap
Parking, Tow Zone"
Section 2. This Ordinance shall take effect as provided by City Charter.
CITY OF SALEM 639
OCTOBER 26, 2006
REGULAR MEETING OF THE CITY COUNCIL
#769 — RESOLUTION FOR CERREJON MINES IN COLUMBIA
Councillor Veno introduced the following Resolution, which was adopted.
RESOLUTION:
Whereas Salem is the host community to the coal-fired power plant, Salem Harbor Station,
which is owned by Dominion Energy, and
Whereas Dominion is a purchaser of coal from the Cerrejon Mine in the Guajira province of
Colombia, including the Cerrejon Mine, and
Whereas the union at this mine, Sintracarbon, will begin contract negotiations on November
1, and
Whereas the union has taken a courageous step in including in its bargaining proposal a
demand that the collective rights of the Afro-Colombian and indigenous communities
affected by the mine be recognized and addressed, and
Whereas the labor movement in Colombia has been the target of violence over the past 20
years, including the unresolved killings of several thousand union leaders,
Be it therefore resolved that the Salem City Council reaffirms our solidarity with the people
of Tobaco, Colombia and other nearby communities displaced by expansion of the Cerrejon
Mine who continue to struggle for collective negotiations, collective relocation, and
reparations, and
Be it further resolved that the Salem City Council calls on the owners of the Cerrejon Mine to
respect all international labor norms and human rights, as well as the lives of Sintracarbon
members and all Cerrejon workers during the collective bargaining process.
#770 - (#747 -#750) — GRANTING CERTAIN LICENSES
Councillor Lovely introduced the following report for the Committee on Ordinances, Licenses
and Legal Affairs. It was voted to accept the report and 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.
640 CITY OF SALEM
OCTOBER 26, 2006
REGULAR MEETING OF THE CITY COUNCIL
TAG DAY S.S.C. Hockey Cheerleading, November 16, 2006
S.H.S. Winter Track, January 13, 2007 & February 10, 2007
S.H.S. Boys Spring Track, March 17, 2007 &April 7, 2007
TAXI OPERATOR William F. Gromko III, 4 County St., Peabody
#771 — (#654) — REQUEST FROM OSBORNE HILLS REALTY TRUST FOR LIGHTS AND TURN
LANE ON MARLBOROUGH ROAD
Councillor O'Leary introduced the following report for the Committee of the Whole. It was
voted to accept the report and the recommendation.
The Committee of the Whole to whom was referred the matter of the request from Osborne
Hills Realty Trust for relocation of a pedestrian light and an exclusive left turn for the subdivision
located at 57 Marlborough Road, has considered said matter and would recommend approval.
The matter was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor O'Leary moved for immediate reconsideration in the hopes it would not prevail.
Reconsideration was denied.
#772 — LICENSE APPLICATIONS
The following License applications were referred to the Committee on Ordinances, Licenses
and Legal Affairs.
TAXI OPERATOR Juan Jimenez, 29 Albion St., Salem
#773 — DRAINLAYER / CONTRACT OPERATOR
The following Drainlayer/Contract Operator License was granted.
K & B Excavating, 105 Mason Street, Salem
CITY OF SALEM 641
OCTOBER 26, 2006
REGULAR MEETING OF THE CITY COUNCIL
#774 —#776 — CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal
Affai rs.
Jeff Gaudet, 56 Mayfair St., Lynn
John St. Onge, 47 Roslyn St., #1, Salem
Rhett & Pamela Rochna, 33 Hancock St. #2, Salem
#777 — BONDS
The following Bond was referred to the Committee on Ordinances, Licenses and Legal
Affairs and returned approved.
CONSTABLE Christopher P. Chigas, 10 Lowell St., Peabody
(#460) — ORDINANCE AMENDING ZONING, RELATIVE TO DRIVE —THROUGH FACILITIES
The matter of second and final passage of an Ordinance amending Zoning, Drive-Through
Facilities was then taken up.
Councillor Lovely moved to amend Section 7-22 paragraph (3) B-5 change N to SP for both
Fast Food and Other was adopted by roll call vote of 8 yeas, 3 nays, 0 absent. Councillors Blair,
Corchado, Lovely, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the
affirmative. Councillors Furey, O'Keefe and O'Leary were recorded as voting in the negative.
Councillor Lovely moved immediate reconsideration in the hopes it would not prevail.
Reconsideration was denied.
Councillor Sargent moved to amend Section 7-22 (2) "Powers and Administration
Procedures" and replace the Planning Board with the City Council as designated"
The amendment was defeated by roll call vote of 4 yeas, 7 nays, 0 absent. Councillors
O'Keefe, O'Leary, Sargent and Sosnowski were recorded as voting in the affirmative. Councillors
Blair, Corchado, Furey, Lovely, Prevey, Veno and Pelletier were recorded as voting in the negative.
Councillor Sargent moved to amend Section 7-22 (8) "Appeals" by inserting City Council
before Superior Court. The amendment was defeated by roll call vote of 5 yeas, 6 nays, 0 absent.
Councillors O'Keefe, O'Leary, Sargent, Sosnowski and Pelletier were recorded as voting in the
affirmative. Councillors Blair, Corchado, Furey, Lovely, Prevey and Veno were recorded as voting
in the negative.
642 CITY OF SALEM
OCTOBER 26, 2006
REGULAR MEETING OF THE CITY COUNCIL
Councillor Lovely moved for second and final passage as amended. The matter did not
carry by roll call vote of 7 yeas, 4 nays, 0 absent. A two thirds vote is required (eight votes) to pass.
Councillors Blair, Corchado, Lovely, Prevey, Sosnowski, Veno and Pelletier were recorded as
voting in the affirmative. Councillors Furey, O'Keefe, O'Leary and Sargent were recorded as voting
in the negative.
Councillor Lovely moved for immediate reconsideration. The matter was reconsidered by a
unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Sargent moved for reconsideration of an earlier amendment to Section 7-22 (8)
"Appeal Process". Reconsideration was denied by a roll call vote of 4 yeas, 7 nays, 0 absent.
Councillors O'Keefe, O'Leary, Sargent and Sosnowski were recorded as voting in the affirmative.
Councillors Blair, Corchado, Furey, Lovely, Prevey, Veno and Pelletier were recorded as voting in
the negative.
Councillor Lovely moved to amend paragraph 7.6 by deleting in it's entirety and renumber
7.7 as 7.6. Adopted by roll call vote of 9 yeas, 2 nays, 0 absent. Councillors Corchado, Furey,
Lovely, O'Keefe, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the
affirmative. Councillor Blair, and O"Leary were recorded as voting in the negative.
Councillor Veno moved for immediate reconsideration in the hopes it would not prevail.
Reconsideration was denied.
Councillor Lovely moved for second and final passage as amended. Second passage was
adopted by roll call vote of 10 yeas, 1 nays, 0 absent. Councillors Blair, Corchado, Furey, Lovely,
O'Keefe, O'Leary, Prevey, Sosnowski, Veno and Pelletier were recorded as voting in the
affirmative. Councillor Sargent was recorded as voting in the negative.
Councillor O'Keefe moved for immediate reconsideration in the hopes it would not prevail.
Reconsideration was denied.
Adopted as amended as follows:
In the year two thousand and six
An Ordinance to amend the Zoning Ordinance to include Drive-Through Regulations
Be it ordained by the City Council of the City of Salem, as follows:
CITY OF SALEM 643
OCTOBER 26, 2006
REGULAR MEETING OF THE CITY COUNCIL
Section 1. Section VII of the City of Salem Zoning Ordinance is hereby amended by adding the
following new section:
Section 7-22 Drive-through Facilities
1. Purpose:
The purpose of this section is to protect the safety, public health, convenience and
general welfare of the inhabitants of the City of Salem by providing detailed review of
the design and layout of drive-through facilities, which have a substantial impact upon
the character of the City and upon traffic, utilities and services therein.
2. Powers and Administrative Procedures:
The Planning Board is hereby designated the Special Permit Granting Authority
(SPCA) for Drive-Through Plan Approval. The SPGA shall adopt rules relative to the
application of special permits for Drive-Through Plan Approval and file a copy with
the City Clerk. The SPGA shall follow the procedural requirements for special permits
as set forth in Section 9 of M.G.L. Chapter 40A. After notice and public hearing and
after due consideration of the reports and recommendations of other City boards,
commissions and/or departments, the SPGA may grant such a permit. The SPGA
shall also impose, in addition to any applicable conditions specified in this section,
such applicable conditions as the SPGA finds reasonably appropriate to improve the
site design, traffic flow, safety and/or otherwise serve the purpose of this section.
Such conditions shall be imposed in writing and the applicant may be required to post
a bond or other surety for compliance with said conditions in an amount satisfactory
to the SPCA.
3. Applicability:
This section applies to all uses identified as requiring a Special Permit for Drive-
Through Facilities in Article V, Section 5-3 (f), and Section 7-21 NRCC.
RC R1 R2 R3 131 B2 B4 B5 I NRCC
Drive-through N N N N N SP SP N SP N
Facilities —
Fast Food
Drive-through N N N N N SP SP N SP SP*
Facilities — Other
644 CITY OF SALEM
OCTOBER 26, 2006
REGULAR MEETING OF THE CITY COUNCIL
N Not allowed
SP Special Permit
SP* Special Permit — Minimum 1.5 acres required
4.Site Plan Review
Any proposed drive-through facility shall be subject to Site Plan Review in accordance with
the requirements as set forth in Article VII, Section 7-18 of this Ordinance.
5. Traffic Impact Study:
5.1 A detailed traffic impact analysis in accordance with professional engineering
standards is required for any special permit or site plan approval application
containing a Drive-through Facility for Fast Food. The SPGA may require a traffic
impact study for other Drive-through Facilities. A registered professional engineer
experienced and qualified in traffic engineering shall prepare the traffic impact study.
5.2A proposed mitigation plan must be included: A plan (with supporting text) to minimize
traffic and safety impacts through such means as physical design and layout
concepts, or other appropriate means; and an interior traffic and pedestrian circulation
plan designed to minimize conflicts and safety problems. Measures shall be proposed
to achieve the following post-development standards: all streets and intersections to
be impacted by the project shall have the same level of service or better than pre-
development conditions. The SPGA must determine that the mitigation is satisfactory.
6. Standards:
6.1 There must be a minimum of 200 feet between curb cuts, unless reduced by the
SPGA in those instances when the reduction may be granted without detriment to the
public good and without substantially derogating from the intent and purpose of this
Ordinance.
6.2 The width of any curb cut shall not exceed 25 feet, unless the traffic impact study
identifies the need for a larger curb cut and the requirement is increased by the
SPCA.
CITY OF SALEM 645
OCTOBER 26, 2006
REGULAR MEETING OF THE CITY COUNCIL
6.3 Curb cuts must be sufficiently setback from intersections and directional
restrictions (i.e. right in/right out only and/or a restrictive median) must be
provided as required by the Board.
6.4 A system of joint use driveways and cross access easements shall be established
wherever feasible and the proposed development shall incorporate the following:
6.4.1 A Service drive or cross access corridor extending the width of the parcel.
6.4.2 Sufficient width to accommodate two-way travel lanes.
6.4.3 Stub-outs and other design features to make it visually obvious that the abutting
properties may be tied in to provide cross-access via a service drive.
6.5 Developments that provide service drives between properties may be permitted a
10% reduction in the required number of parking spaces. If information can be
provided to show that peak demand periods of development with shared parking
or a service drive connection are not simultaneous, the number of required
parking spaces may be reduced by 20%.
6.6 Drive-through facilities shall provide a minimum of eight (8) stacking spaces
(within the site) before the order board. The facility shall provide another four (4)
stacking spaces between the order board and the transaction window. If the
facility has two transaction windows, the four (4) stacking spaces may be split
between each of the windows. An additional stacking space shall be provided
adjacent to the last transaction windows within the site.
6.7 Drive-Through Facilities — Other: Number of stacking spaces to be at the
discretion of the SPCA.
6.8 Each stacking space shall be a minimum of twenty (20) feet in length and ten (10)
feet in width along straight portions. Stacking spaces and stacking lane shall be a
minimum of twelve (12) feet in width along curved segments.
6.9 Stacking lanes shall be delineated from traffic aisles, other stacking lanes and
parking areas with striping, curbing, landscaping and/or the use of alternative
paving materials or raised medians.
6.10 Entrances to stacking lane(s) shall be clearly marked and a minimum of twenty
(20) feet from the curb cut measured at the property line.
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REGULAR MEETING OF THE CITY COUNCIL
6.11 Stacking lanes shall be designed to prevent circulation congestion, both on site
and on adjacent public streets. The circulation shall: (a) separate drive-through
traffic from site circulation, (b) not impede or impair access into or out of parking
spaces, (c) not impede or impair vehicle or pedestrian traffic movement, and (d)
minimize conflicts between pedestrian and vehicular traffic. Stacking lanes shall
not interfere with required loading and trash storage areas and loading or trash
operations shall not impede or impair vehicle movement within stacking lanes. If
said separate stacking lane is curbed, an emergency by-pass or exit shall be
provided.
6.12 Any outdoor service facilities (including service lane, menu boards, speakers, etc.)
for Drive-Through Facilities — Fast Food shall be a minimum of two hundred (200)
feet from the property line of a residential use. Any outdoor service facilities
(including service lane, menu boards, speakers, etc.) for Drive-Through Facilities
— Other shall be a minimum of fifty (50) feet from the property line of a residential
use. For any drive through facility, a landscaped buffer and solid wooden panel
fence must be provided along side and rear yards directly adjacent to residential
uses to screen the abutting residential use. The landscaped buffer must be a
minimum of twenty (20) feet.
6.13 Menu boards shall be a maximum of thirty square feet, with a maximum height of
six (6) feet in height and shall be shielded from any public street and residential
properties.
6.14 A leveling area shall be provided having a minus one percent (-1%) grade for a
distance of thirty (30) feet measured from the nearest exterior line of the
intersecting street, to the point of vertical curvature.
6.15 When a drive-through is proposed on a property with an historic building, the
architectural character defining exterior elements of historic building shall be
preserved. Signage should be compatible with the historic character of the
building.
6.16 Noise levels generated by all operations, including but not limited to noise
emanating from speakers from the resultant establishment(s), shall not increase
the broadband sound level by more than 10dB(A) above the ambient levels
measured at the property line by the Board of Health or its designee.
6.17 Any Drive-Through — Fast Food business asking to operate between the hours of
11.00 P.M. and 6.00 A.M. must come before the City Council for approval
pursuant to City Ordinance Chapter 14, Section 14-228.
CITY OF SALEM 647
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REGULAR MEETING OF THE CITY COUNCIL
7. Compliance:
7.1 No building permit shall be issued by the Building Inspector and no construction
or site preparation shall be started, until the Special Permit decision of the
Planning Board approving a drive-through facility has been filed with the City
Clerk.
7.2 An as-built plan, certified by a registered professional land surveyor or engineer
shall be submitted to the Planning Board and Building Inspector before the
issuance of a permanent occupancy permit.
7.3 No permanent occupancy permit shall be issued for any building/drive-through
facility subject to this section unless such building and all its related facilities have
been completed according to the approved site/drive-through plan.
7.4 Any changes in the approved site/drive-through plan, or in the activity to be
conducted on the site shall be submitted to the SPGA for review and approval
pursuant to all requirements of this Ordinance.
7.5 The Special Permit Granting Authority (SPCA) may, in appropriate cases as it
determines, impose further restrictions upon the development or parts thereof as
a condition to granting the approval.
7.6 Notwithstanding anything to the contrary appearing in this Ordinance, the SPGA
may grant special permits with minor modifications from the provisions of this
Ordinance when the same may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the intent and
purpose of this Ordinance.
7.7 Violation of any such conditions and safeguards as are made a part of the terms
under which the special permit is granted shall be deemed violation of the Zoning
Ordinance and shall be subject to action according to Section 9-2 of the Zoning
Ordinance.
8. Appeals:
Any person aggrieved by a decision of the SPGA may appeal to the Superior Court,
the Land Court or the District Court pursuant to Chapter 40A of the Massachusetts
General Laws.
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REGULAR MEETING OF THE CITY COUNCIL
9. Invalidity:
The invalidity of any section, sentence or provision of this by-law shall not affect
the validity of any other section, sentence or provision of this zoning by-law.
Section 2. Amend Section 5-3 (f) of the Zoning Ordinance by adding the following
provisions:
"(5) Drive-through Facilities — Fast Food; subject to the provisions of Section 7-22
(6) Drive-through Facilities — Other; subject to the provisions of Section 7-22"
Section 3. Amend Section 7-21 North River Canal Corridor Neighborhood Mixed Use
District by adding the following to Section 7-21 (e) (5) special permit uses-
"Drive-through Facilities — Other in accordance with the requirements of Section
7-22 Drive-through Facilities"
Further amend Section 7-21 by adding within 7-21 (f) Prohibited Uses the words
"Fast Food" after the words "(5) Drive-through Facilities" so that it reads "(5) Drive-
through Facilities — Fast Food".
Section 4. Amend Article II Definitions by adding the following new definitions in
alphabetical order:
Cross Access:
A service drive providing vehicular access between two or more contiguous sites so
the driver need not enter the public street system.
Drive-through Facility:
A commercial facility which provides a service directly to a motor vehicle or where the
customer drives a motor vehicle onto the premise and to a window or mechanical
device through or by which the customer is serviced without exiting the vehicle. This
shall not include for example, the selling of fuel at a motor fuel facility, quick change
oil automotive service stations or the accessory functions of a carwash facility such
as vacuum cleaning stations.
Drive-through Facility — Fast Food:
A drive-through facility that serves food or drink.
Drive-through Facility — Other:
A drive-through facility that does not include food or drink; includes banks,
pharmacies, and similar uses.
CITY OF SALEM 649
OCTOBER 26, 2006
REGULAR MEETING OF THE CITY COUNCIL
Joint Access (or Shared Access):
A driveway connecting two or more contiguous sites to the public/private street
system.
Level of Service:
A measure from A (best) to F (worst) describing conditions within a traffic stream, as
the term is used by transportation engineers.
Stacking Lane:
An area of stacking spaces and driving lane provided for vehicles waiting for drive-
through service.
Stacking Space:
An area within a stacking lane for vehicles waiting to order and/or finish a drive-
through transaction.
Section 5. This Ordinance shall take effect as provided by City Charter.
(#730) — SECOND PASSAGE — ORDINANCE AMENDING TRAFFIC, HANDICAP ZONE,
BENTLEY STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42,
Section 50B, Handicap Zones, Limited Time, Bentley Street, was then taken up. The Ordinance
was adopted for second and final passage.
(#734A) — SECOND PASSAGE — ORDINANCE RELATIVE TO MISCELLANEOUS OFFENSES
"IMITATION FIRE ARMS"
The matter of second and final passage of an Ordinance amending, Chapter 24, Section 26,
Offenses and Miscellaneous Offenses, Imitation Fire Arms, was then taken up. The Ordinance was
adopted for second and final passage.
(#746A) — SECOND PASSAGE — ORDINANCE AMENDING AFFORDABLE HOUSING TRUST
FUND BOARD OF TRUSTEES
The matter of second and final passage of an Ordinance amending, Chapter 2, Article IV,
Div. 14, Affordable Housing Trust Fund Board of Trustees, was then taken up. The Ordinance was
adopted for second and final passage.
650 CITY OF SALEM
OCTOBER 26, 2006
REGULAR MEETING OF THE CITY COUNCIL
#778 —APPOINTMENT OF CHERYL A. LAPOINTE AS CITY CLERK FOR A TERM TO EXPIRE
NOVEMBER 9, 2009
The appointment of Cheryl A. LaPointe as City Clerk for a term to expire November 9, 2009,
was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
On the motion of Councillor O'Keefe the meeting adjourned at 9.00 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK