City Council

CITY OF SALEM MONDAY, JUNE 24, 2024 JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING BOARD A Joint Public Hearing of the Salem City Council and the Planning Board was held in- person in the City Council Chambers, City Hall, 93 Washington Street, 2nd floor, Salem, MA on Monday, June 24, 2024 at 6:30 P.M. in accordance with Chapter 40A, Section 5, of the Massachusetts General Laws for the purpose of discussing a Zoning Ordinance Amendment relative to Business Neighborhood Zoning – Sec. 3.1 Table of Principal & Accessory Use Regulations. Notice of this hearing was posted on June 18, 2024 and advertised in the Salem News on June 10, 2024 and June 17, 2024 Councillor Davis was absent. Councillor Varela recused himself from this meeting. Councillor Ty Hapworth presiding. The following Planning Board Members were present: Acting Chair Kirt Rieder, Zach Caunter, Tom Furey, Sarah Tarbet, Jonathan Berk, Josh Turiel Also, in attendance were Assistant City Solicitor Jaems Wellock and Robyn Lee, Staff Planner. (#251) – Ordinance to amend a zoning ordinance relative to Business Neighborhood Zoning – Sec. 3.1 Table of Principal & Accessory Use Regulations. In the year Two Thousand and Twenty-Four An Ordinance to amend an ordinance relative to business neighborhood zoning Be it ordained by the City Council of the City of Salem, as follows: Section I. Section 3.1 Table of Principal and Accessory Use Regulations of the Zoning Ordinance is hereby amended by: a. Replacing the “N” in the B1 zoning district column with a “BA” for two Commercial Uses, Commercial recreation, and Indoor Restaurant, with service of alcoholic beverages; b. Replacing the commercial use text “Retail store, except department store, not elsewhere set forth” with “Retail or grocery store, except department store, not elsewhere set forth;” c. Replacing the “N” in the B1 zoning district column with a “Y” for the Accessory Use of Family day care, small; and d. Replacing the “N” in the B1 zoning district column with a “BA” for the Accessory Use of Home occupation. Section II. This Ordinance shall take effect as provided by City Charter.  CITY OF SALEM JUNE 24, 2024 JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING BOARD Mr. Wellock presents the changes proposed to the Zoning ordinance as the Planning Department and the Mayor’s Office seek to address eliminating the B1 of the Special Permit required for business to operate a grocery store or operate a day care. Commercial recreation, restaurants with service of alcoholic beverages, and accessory use of home occupations may be permitted as a Special Permit. Councilor Watson-Felt asks for the data on how many of these businesses exist in Salem already. Mr. Wellock has no data on that but notes that there are places with alcohol already in the B-1. Councilor Hapworth offers that the Derby Street and Vinnin Square areas are both examples of Special Permits in the B1 and North Street. Councilor Jerzylo asks where this idea stems from and what the reasoning is behind it. Mr. Wellock responded that it is to address the needs of the business neighborhood zone. Councilor Jerzylo looks to the Planning Board for an answer. Mr. Rieder stated that the Planning Board did not initiate this; that the origins are with the Planning Department. Mr. Wellock shares communications from the Mayor. The Planning Board did not have any questions. Public Comment: Teasie Riley-Goggin, 9 Wisteria Street St., Salem - Is not in favor of the zoning changes and requests that Council listen to Arthur Sargent, who is speaking next. What comes first? A pig farm was there first and others moved in and did not like the smell so they wanted to change it. They knew it was there when they moved into the neighborhood. They move into a neighborhood to be part of it does not move in to change it. So, when moved in and realized no alcohol then to change it is spot zoning. Years ago, Mark Bobrowski went through our zoning ordinance book page by page, line by line.  CITY OF SALEM MONDAY, JUNE 24, 2024 JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING BOARD Arthur Sargent, 8 Maple Avenue, Salem (and former Councillor-At-Large) – Opposed to liquor licenses in B-1. Believes the Assistant Solicitor needs to do more research into this and expresses concern that there is something going on that shouldn’t be going on. These changes will serve the city at large, not the neighborhood as intended. He offered the example of leather factories on Irving Street remaining as the zoning changed. The factories were allowed to close in a more organic manner and not grandfathered in for further industrial use in neighborhoods. Former Councillor Sargent noted that Dotty and Ray’s is the only instance of a liquor license issued in the B1, through a home rule petition, and feels this was done erroneously and that one mistake cannot be used as a justification for the zoning change. He voted against it to help protect the quality of life in our city. We need to move forward. In a B-1 establishment are allowed to stay open until 11:00 P.M. cleanup until 12:00 A.M. Already loud music, trash, smoking, etc. There are restaurants in the B-1 without liquor licenses. Drinking brings more activity into the City. Home Rule Petitions are used to help restaurants. Adding grocery stores okay to B-1 but it is not the small stores coming in; it’s Market Basket, Stop & Shop, and a large # of diesel delivery trucks idle, noise from engines, etc. When Staples moved into Vinnin Square where Stop & Shop was things became quieter. Daycares and recreational uses bring in lots of traffic and double parking or parking out into the neighborhoods. Unless the state laws change, please keep as is. Please protect the quality of life in neighborhoods. Councilor Morsillo moved that the public hearing be closed. It was so voted. Councilor Morsillo moved that the matter be referred to the Planning Board for their review and recommendation. It was so voted. Acting Chair Rieder moves to close the Planning Board public hearing. All in favor, the matter carries. Acting Chair Rieder moves to adjourn the Planning Board. All in favor, the matter carries. Councilor Prosniewski motions to adjourn. All in favor, the matter carries. On the motion of Councillor Prosniewski the meeting adjourned at 6:58 P.M. ATTEST: ILENE SIMONS CITY CLERK