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Town of Salisbury, MA
Essex County
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Table of Contents
Table of Contents
Code
New Laws (5) Index
[HISTORY: Adopted by the Annual Town Meeting of the Town of Salisbury 5-16-1983 by Art. 19. Amendments noted where applicable.]
[Amended 10-23-2006 ATM by Art. 2]
The purpose of this bylaw is to impose uniformity and regulation in the issuance and supervision of automobile and auto part and salvage dealers' licenses within the Town of Salisbury. This bylaw is intended to be consistent with MGL c. 140, § 59, and other applicable provisions of the Massachusetts General Laws, as well as being consistent with other bylaws for the Town of Salisbury. Where, however, an earlier adopted bylaw for the Town is found to be in direct conflict with this bylaw, this bylaw shall be controlling.
In the event that any one provision hereof is found to be invalid by a court of competent jurisdiction, then the remaining provisions hereof are deemed severed therefrom and shall continue in full force and effect.
A. 
Licensed activity. This bylaw specifically relates to the sale of motor vehicles (as described in MGL c. 90), the extraction and sale of secondhand motor vehicle parts, and salvage businesses engaged in purchasing and stripping or otherwise converting secondhand motor vehicles.
B. 
License classification. The three classes of licenses to be recognized hereunder are those specifically set forth in MGL c. 140, § 58. This bylaw specifically adopts each and every provision of said MGL c. 140, § 58, and any subsequent amendments thereto, with regard to distinctions between and prerequisites for classification among the three license classifications set forth, which shall be referred to herein as follows:
(1) 
New motor vehicle dealer: Class I.
(2) 
Secondhand motor vehicle dealer: Class II.
(3) 
Junk and salvage motor vehicle dealer: Class III.
C. 
Licensing authority. The licensing authority shall be the Board of Selectmen for the Town of Salisbury or any elected or appointed officer, board or agent of the Town that it shall appoint.
D. 
An applicant shall be any firm, corporation, business association, or natural person making application for a license to carry on a licensed activity hereunder.
A. 
Original application procedure. Application for any class of license shall consist of:
(1) 
Submission of a completed application form provided by the Registry of Motor Vehicles for the Commonwealth of Massachusetts.
(2) 
Submission of an application fee of $125.
[Amended 10-23-2006 ATM by Art. 2; 10-24-2016 ATM by Art. 10]
(3) 
Submission of a completed form provided by the licensing authority, which form shall provide the following:
(a) 
A statement, signed by the Chief of Police, stating that the applicant, or its principal officers, has not been convicted of a felony or a crime or moral turpitude in the ten-year period preceding the date signed.
(b) 
The names and addresses of three persons who will vouch for the integrity and good business character of the applicant.
(c) 
A statement setting forth other businesses engaged in by the applicant and the percentage (either in time or operating budget) of total work input devoted to each such business.
(d) 
A statement setting forth the percentage of the applicant's total work (operating budget or time) to be devoted to the licensed activity applied for.
(e) 
A statement, signed by the Building Inspector for the Town of Salisbury, stating that the licensed activity applied for is a permitted use at the location set forth in the application, or that the current Zoning Bylaw does not apply to that location, setting forth the reason why such law does not apply.[1]
[1]
Editor's Note: See Ch. 300, Zoning.
(f) 
A statement signed by the applicant that all of the information provided by him, in such application procedure, is true to the best of his knowledge and belief.
(4) 
Submission of two scale drawings of the premises, showing in one drawing the premises as they are prior to application and, in the second drawing, showing the premises as they will be if the licensed activity is conducted thereon. Each such drawing may be rejected if it is not approximately to scale, if it fails to show those portions of the premises to be used for the licensed activity in a highlighted or distinguishing manner, or if it fails to adequately set forth roadways, boundaries, landmarks, buildings or dimensions.
B. 
Renewal application procedures. Applications for renewal of existing licenses shall consist of the following:
(1) 
Submission of a completed form provided by the Registrar of Motor Vehicles for such license.
(2) 
Submission of a copy of the most recently allowed license.
(3) 
Submission of a license fee of $125.
[Amended 10-23-2006 ATM by Art. 2]
(4) 
Submission of a statement, signed by the applicant, stating that there has been no substantive change in the nature of or the manner in which business is conducted on the licensed premises, or submission of a statement, signed by the applicant, that a substantial change in situation is proposed or intended by the licensee and that a permit is requested to encompass such change, in which case the licensing authority may require such additional information as is required for an original application before approving or denying such permit.
A. 
The licensing authority shall keep, as part of its regular agenda, a schedule of license applications, which shall be posted in a public place with the regular agenda, and in the case of an original or renewal application, shall set forth the name and business address of the applicant, the class of license applied for, whether or not such application is for original or renewal purposes, and the date set for the licensing authority to act on the application.
B. 
Class I and II original applications. At the written request of two abutters (as defined in the Salisbury Zoning Bylaw),[1] the applicant or on its own motion, the licensing authority shall hold a public hearing to be held not less than seven days after posting notice thereof in a public place, to determine whether or not to issue the license requested. In all other instances, Class I and II licenses may be issued or denied without the requirement of a hearing, upon receipt of a completed application.
[1]
Editor's Note: See Ch. 300, Zoning.
C. 
Class III original application. Class III licenses may be issued only after a public hearing, to be held not less than seven days after written notice has been given to the owners of the property abutting the premises to be licensed, and notice thereof shall have been posted in a public place.
D. 
Renewal applications, all classes. Renewal licenses may be issued by the licensing authority without a hearing for any class of license provided there is no substantial change in situation set forth on the application. If there is a proposed substantial change in situation, then, for the purposes of hearing requirements, the application shall be treated as an original application.
E. 
Criteria for issuance. The licensing authority may issue a license in the class applied for only after finding the following:
(1) 
That the applicant is a proper person, firm, or corporation for the proposed licensed activity; and
(2) 
That the proposed licensed activity shall be the licensee's principal business; and
(3) 
That the premises specified in the application are suitable for the proposed licensed activity.
F. 
Term. Any license issued hereunder shall expire on the first day of January next following its issuance date.[2]
[2]
Editor's Note: Former Subsection G, Number of licenses, added 10-28-1996 ATM by Art. 4, as amended, was repealed 10-24-2016 ATM by Art. 10.
Prior to effecting any substantial change in situation, the licensee must apply to the licensing authority for a permit which will encompass the proposed change, if such change involves any of the following:
A. 
Sale, transfer, or any change in ownership of the licensed premises.
B. 
Incorporation or other business organization procedures which may distribute ownership and/or liability of such business in a manner different than as set forth in the current business organization of the licensee.
C. 
Expansion of that portion of the premises occupied by the licensee to be designated or devoted to the licensed activity beyond the boundaries designated and highlighted in the plan submitted with the original application.
D. 
Removal of a substantial portion of the licensed activity to different premises than those set forth in the previous license.
E. 
A change in the licensed activity which constitutes a substantial portion of the licensed activity being conducted in a license classification for which the licensee is not licensed.
F. 
A change in the principal business activity of the licensee.
A. 
A petition for revocation of any class of license may be heard:
(1) 
On the licensing authority's own motion, if there exists a question as to whether or not the licensee is in compliance with this bylaw or MGL c. 140, §§ 57 to 59.
(2) 
On petition of 10 or more residents of the Town stating that the licensee is engaged in or is permitting unlawful activity on the licensed premises, or engaged in the licensed activity in such a manner as to be continually or repeatedly in violation of MGL c. 93A, §§ 2 through 11 (consumer protection statute) and any of the Attorney General's rules promulgated thereunder, and is therefore not a suitable person to be licensed.
[Amended 10-23-2006 ATM by Art. 2]
(3) 
On complaint of the Chief of Police for the Town of Salisbury that an unlawful activity is being engaged in on the premises.
B. 
The licensing authority shall not hold any hearing as to revocation or suspension of a license without first giving 10 days' written notice to the licensee, at the address on the license application, and posting notice of such hearing in a public place at least seven days in advance of such hearing. Any notice of revocation proceedings given to a licensee must include the following:
(1) 
The names of those complaining against the licensee.
(2) 
The specific complaints or charges to be addressed at such hearing.
(3) 
The date and time of such hearing.
(4) 
A statement that such hearing will be a public hearing, at which the licensee may be represented by counsel and may confront and examine evidence and witnesses against him as well as introduce evidence and witnesses on his own behalf.
C. 
The licensing authority, in any such hearing, may appoint Town Counsel or any other appointed officer of the Town to act as hearing officer, to conduct such hearing and report his or her findings to the licensing authority.
D. 
The licensing authority shall notify the licensee, in writing, at the address on the license application, within 14 days after such hearing, as to any decision to revoke or suspend a license. Such notification shall state the following:
(1) 
The findings of the licensing authority or hearing officer, deduced from the evidence offered at the hearing.
(2) 
The decision of the licensing authority to either revoke or suspend the license for a specific period of days beginning at the 30th day following the hearing date.
E. 
Failure of the licensing authority to give such written notice within 14 days of the hearing shall be deemed a waiver and forfeiture, on the part of the licensing authority, of any right to suspend or revoke a license as a result of the evidence at that hearing.
In addition to suspension or revocation proceedings set forth in § 23-7 hereof, the following violations shall be punishable by a fine of $50 for each day such violation may persist:
[Amended 10-24-2016 ATM by Art. 10]
A. 
Engaging in a licensed activity without a license or with a license purporting to cover a different licensed activity.
[Amended 10-23-2006 ATM by Art. 2]
B. 
Failing to report a substantial change as set forth in § 23-6 hereof, within 10 days of such change.
C. 
Failure to comply with MGL c. 140, §§ 57 to 59.
Licenses previously issued by the Town or its Board of Selectmen under MGL c. 140, §§ 57 to 59 shall be deemed to be lawfully issued licenses for the purposes of this bylaw, and provided there is no substantial change as set forth in § 23-6 hereof, such licenses, upon expiration, shall be reissued without a requirement for hearing, provided that:
A. 
A copy of such preexisting license must be submitted with the renewal application specified in this bylaw.
B. 
Upon renewal, after the effective date of this bylaw, every preexisting license, so renewed, shall be governed by and subject to the provisions of this bylaw.
The Board of Selectmen for the Town of Salisbury, by majority vote, may promulgate any rules and regulations as to applications and/or hearing requirements that are not inconsistent with MGL c. 140, §§ 57 to 59. Any such regulation shall become effective only after notice of a proposed regulation has been publicly posted and placed on the regular agenda for hearing before the Board and the Board votes favorably upon such regulation, or a regulation substantially similar to that for which such notice was posted.
[Added 10-27-1986 STM by Art. 9; amended 5-16-1990 ATM by Art. 21]
Except as hereinafter provided, no more than two unregistered motor vehicles may be stored, kept or maintained on privately owned premises within the Town unless stored, kept or maintained in fully enclosed garages or other inside storage facilities. This section is to be enforced by the Zoning Enforcement Officer of the Town of Salisbury. Penalty: $50 for each such unregistered vehicle in excess of two for each day of continuing violation.
[Added 10-27-1986 STM by Art. 9; amended 5-16-1990 ATM by Art. 21]
A. 
Any person, firm or corporation engaged in the business of automobile repair and/or auto body repair and refinishing, for a fee or charge, shall obtain a license for such business from the Board of Selectmen.
B. 
Licensing procedure.
(1) 
A person, firm or corporation desiring a license to conduct an auto repair or auto body repair business shall file an application with the Board of Selectmen including the following information:
(a) 
Business owner's name and address;
(b) 
Property address, and if leased property, property owner's address;
(c) 
A plan detailing the property lines, the location and size of any structure, number of service bays, parking areas, water, gas and sewer lines, septic systems, wells, underground fuel, storage areas and setbacks of structures from the property lines;
(d) 
A statement as to types of commercial or industrial chemicals including lacquer, paint and petroleum products to be stored on the premises, including the storage vessels and disposal procedures for each such chemical;
(e) 
A statement as to the maximum number of vehicles to be on the premises at any one time and the manner in which the premises are to be secured, including fencing, chains and/or security systems;
(f) 
A statement as to the days and hours of operation, including noise abatement/prevention measures and material;
(g) 
Written certification from the Fire Chief or Deputy Chief that adequate provision has been made in the applicant's plan for the storage of flammable materials;
(h) 
In the case of new buildings or alterations to existing buildings to accommodate such use, a statement from the Building Inspector that the proposed plan and use conform to the zoning and building laws of the Town.
(2) 
Any such application shall be accompanied by a nonrefundable fee of $100 and shall not be scheduled for action by the Board of Selectmen until such application is complete as provided above. Upon submission of a completed application the Board of Selectmen shall schedule a review of the application on its regular agenda within 30 days of submission and take the following action:
(a) 
In the event of an application being filed by an existing auto repair or auto body shop, the Board shall review and approve a license with such reasonable conditions as it sees fit to impose, to ensure continued safety to the public and to the environment, including adequate provisions for fire prevention, hazardous material storage, noise abatement, security and general appearance of the premises.
(b) 
In the event of an application being filed by a new or proposed auto repair or auto body repair business, the Board shall schedule a hearing to be held after notice to abutters and publication, but in no event later than 45 days after submission, at which hearing the Board shall hear the applicant and/or his representative and any interested abutters or other persons or officials of the Town and shall approve the application or approve the application with conditions, provided the Board finds:
[1] 
That the premises are suitable premises for such business and adequate provisions are made for public safety and protection for the environment;
[2] 
That the proposed use will not work a substantial detriment to the character of the neighborhood by way of excessive noise or unsightly appearance;
[3] 
That the business to be conducted is the principal business of the applicant and is consented to by the owner of the premises.
(3) 
The Board of Selectmen may deny such application if it finds that any of the above criteria are not satisfied and that such criteria may not be satisfied by the imposition of reasonable conditions and limitations on a license.
(4) 
Upon approval of an application, the Board shall issue a license with such conditions as are provided for herein, which license shall be in effect no later than December 31 of the year in which it is issued. Such license shall be posted in a conspicuous place on the premises and shall provide as a condition thereof that such premises are available for inspection by the Board, or its agents, during regular business hours. A licensee shall be permitted to maintain as many vehicles, registered or unregistered, as are provided for in such license upon the licensed premises.
(5) 
Any such license may be suspended or revoked after reasonable notice to the licensee at the business address and an opportunity to be heard with counsel and to present evidence and examine witnesses has been afforded to the licensee at a regularly scheduled meeting of the Board of Selectmen to be held not earlier than 10 days after such notice. Such license may be suspended or revoked only if the Board finds that the licensee's business has been operated in violation of the terms and conditions of the license or that the premises do not comply and conform with the plan and statements filed with the license application.
C. 
Nonapplicability. This bylaw shall not apply to licensed Class I, Class II or Class III automobile dealers, or to repair facilities maintained by the Town of Salisbury on Town-owned property.
D. 
Severability. To the extent that any provision of this bylaw is determined to be void or unenforceable by the Attorney General for the Commonwealth or by a court of competent jurisdiction, the remaining provisions hereof shall continue in full force and effect.
[Added 10-24-2011 ATM by Art. 16]
An applicant for a new Class III license or for renewal of an existing Class III license shall designate an area on the licensed premises for storage of all vehicle parts and all junk or salvage vehicles that have not been repaired and are not available for sale. Such storage area shall either be inside a building or be enclosed by a solid or opaque fence of sufficient height to conceal all such parts and vehicles so they are not visible from any roadway and are not visible from the first floor of any residential dwelling. Such storage area shall be shown on a scale drawing of the licensed premises that is submitted with the application.