MINUTES - Joint Public Hearing with Planning Board - 4/21/2016
APRIL 21, 2016
JOINT PUBLIC HEARING
OF THE CITY COUNCIL AND PLANNING BOARD
A Joint Public Hearing of the City Council and Planning Board was held in
the Council Chamber on Thursday, April 21, 2016 at 6:00 P.M. for the purpose of
discussing taking up an amendment Zoning Ordinance relative to Section10.0,
Definition of a Tasting Room by deleting a “Tasting Room may not be greater
than thirty-three (33) percent of the main building’s gross square footage” and
replace with “A tasting room may not be greater than fifty (50) percent of the
main building’s gross square footage. A seasonal tasting area, e.g. patio or deck
shall not be included in calculating the tasting room’s square footage”
Notice of this meeting was posted on April 5, 2016 at 11:03 A.M. and advertised
in the Salem News on April 7, 2016 & April 14, 2016 for the purpose of zoning
compliance.
Councillor Ryan was recorded as absent.
President Josh H. Turiel presided.
President Turiel introduced the members of the Planning Board:
William Griset, Carole Hamilton, Noah Koretz, Antonio Mataragas, Kirt Rieder,
Helen Sides, Matt Veno, and Dale Yale. Also in attendance was City Planner
Lynn Duncan, Mayor Kimberley Driscoll and City Solicitor Beth Rennard.
APPEARING:
City Planner Lynn Duncan stated the amendment is the definition to allow
flexibility for a brewery/ tasting room. This change is necessary to increase the
size of the footage. The building inspector concluded that the patio or deck
percentage for a seasonal area won’t count, so 50% is for the main building only.
Councillor Famico stated this falls under the building inspector, can you explain
what plumbing applies to codes.
City Planner stated seating even seasonal is counted, so for the purpose of
zoning is the reason we are doing this.
Councillor Famico – There are new fire codes, is this an overlap?
Mayor Driscoll – this will blend in with the code. They can come in before
applying for permits, they can check with the Fire Dept. and Building Inspector.
Councillor Famico – stated she supports outside seating
Councillor McCarthy – as a builder the percentage triggers additional compliance
issues if you increase footage and seating.
Councillor Dibble – stated he is in favor. Is there a need to limit the size of the
outdoor seating?
City Planner – the size of outdoor seating is not included in this. It’s the function
of site plan review and in meeting necessary building codes.
Councillor Dibble – so your opinion is we don’t need to discuss square footage?
City Planner – responded no.
Councillor Dibble – stated it is a gray area
Solicitor Rennard – We don’t have regulations for outdoor seating. When the
legislature passed to have brewers they allowed for them, but not how to fit them
in communities. Allowance for tasting area, this ordinance allows to pour and
brew, it wasn’t intended to create a bar room just a tasting room.
Councillor Dibble – you could have a lot of people outside of the building
Mayor Driscoll – I think we should have some control, are you concerned about
size? They are still liable to the Licensing Board
Solicitor Rennard – the floor plan goes to the ABCC
Councillor Dibble – still thinks this is a gray area
Mayor Driscoll – If it turns out to be a problem the license can be revoked.
Councillor Dibble – asked does the ABCC count outdoor seating?
Mayor – responded yes
Councillor Famico – some breweries use port-a-potties outside to accommodate
Solicitor – Port-a-potties can only be for special events
Planning Board member – seasonal can it be inside?
City Planner – stated no only outdoors
Planning Board member – so footage is not the number of chairs?
Planner – it applies to the Building Commissioner
Councillor Eppley – like to make a friendly amendment “and” exterior seasonal
tasting area
Coucillor McCarthy – asked to open the meeting up to the public
PUBLIC COMMENT
APPEARING IN FAVOR WERE THE FOLLOWING:
Chris Loring, 19 Carlton Street – 32% to 50% affects the operation. You rely on
the retail area. The percentage is self-regulating. No scenario is 10% production
90% retail. Our wholesale is considered Farmer brewing so retail is necessary. It
allows you to have a healthy business. We have been to the SRA, ZBA etc. but
there is a gray area for outdoor seating/seasonal. It’s good to have clarity. When
you have a business and manufacturing industry downtown the business stays
downtown. Because we don’t serve food we are not trying to be a bar, we are a
manufacturer. Hope we can get passed this.
Deana Braganca, 38 English Street – Thank you for allowing brewers and tasting
rooms. We are a farmer brewer for cider from apples. We knew we wanted an
outdoor patio. We hope that the Zoning Ordinance is amended to allow the 50%.
This will help our business. We employ 18 people at “Far from the Tree”.
Rinus Oosthoek – he supports breweries, distilleries, cideries the whole
hospitality of the restaurants are very much in support. Please support this
zoning.
Paul ____, 25 Ryle Ave. Beverly – Own a brewery in Beverly 59 Park IGCC
Industrial Central Commercial we have no issue with the zoning there is no
percentage for tap room. If there was a limit, I wouldn’t have a business.
Matt Veno Planning Board - What was the rational behind the number?
Solicitor – when it first came about we looked at models around the country. As
time has gone by the business is evolving and it’s limiting (for the building
Inspector) this number was picked to be fair.
Planner – We are trying to make it more equal. You can make change needed to
fit the four corners of the article. We thought 50% was reasonable.
Planning Board member – So you wou7ld have to re-advertise but you want to
get it right.
Councillor Turiel – I’m trying to get what the needs are. And clarify the issue of
outdoor space.
Councillor Famico – If this were to be re-advertised do we need a new public
hearing?
Planner – yes, advertise and new hearing
Councillor Turiel – Use what we have and change it in the future if need be. It’s
not fair to businesses.
Councillor Eppley – there should be a limitation. The speakers made it sound like
50% is doable.
Councillor Dibble – stated he is in favor to support them, but would like to hear
from the businesses if 50% works with their business model.
Far from the Tree owner – doesn’t give us much but it’s the seasonal I’m more
interested in.
Councillor Eppley – is there a law if we pass this, isn’t there a variance that goes
before the Board of Appeal.
Councillor Gerard – for a variance wouldn’t they need to be a hardship?
Mayor – three breweries this ordinance was designed to attract. This was worked
on with a lot of input.
APPEARING IN OPPOSITION: NONE
Councillor McCarthy moved that the hearing be closed. It was so voted.
Councillor McCarthy moved that the matter be referred to the planning board for
their recommendation. It was seconded by Councillor Eppley. It was so voted.
On the motionof Councillor Furey the hearing was adjourned at 6:58 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK