City Council

City of Salem Joint Public Hearing – City Council and Planning Board February 19, 2025 Page 1 of 5 CITY OF SALEM FEBRUARY 19, 2025 JOINT PUBLIC HEARING OF THE CITY COUNCIL AND THE PLANNING BOARD 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-Five 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; Section II. This Ordinance shall take effect as provided by City Charter. Councilors attendance: Council President Conrad Prozniewski, Councilor Jeff Cohen, Councilor Caroline Watson-Felt, Councilor John Harvey, Councilor Cynthia Jerzylo, Councilor Merkl, and Councilor Morsillo Councilors Absent: Councilor Varela, Councilor Stott, Councilor Hapworth, and Councilor Davis The meeting was called to order at 6:35 pm. Planning Board in attendance: Chair Kirt Rieder, Helen Sides, Tom Furey, Zach Caunter, and Jonathan Berk Planning Board Absent: Josh Turiel, Bill Griset, Carole Hamilton, and Sarah Tarbet Also in attendance: Robyn Lee, Staff Planner City of Salem Joint Public Hearing – City Council and Planning Board February 19, 2025 Page 2 of 5 City Council Comments: Councilor Cohen brought back the order after the calendar year expired. When 266 Canal Street is completed, there will be grocery stores, restaurants and coffees shops within walking distance. We have zones that are considered by right, like the B2 that need to follow the proper licensing track. With the zoning change, restaurants serving alcohol would require licensing, plus review by the Zoning Board of Appeals. There are 23 or 24 existing B1s already. Councilor Jerzylo opposes the zoning changes. She states that there have been no new zoning applications since other B1 uses were approved by the Council. Councilor Jerzylo share that the Derby Street Neighborhood opposes this zoning change due to smoking, parking, and traffic concerns. Councilor Merkl is in favor of more walkable communities and they will lead to less cars. There is an existing permitting process for these businesses to use. She states that the Council has received several emails of public support as well as in opposition. Councilor Morsillo wonders what the issues were when the initial zoning was created. Doesn’t understand why new businesses would be bad. This isn’t an overnight decision; it will take months to move forward. Councilor Watson-Felt supports the change. She notes that the zoning change had strong support previously. She also reminds everyone that this zoning would only apply to 2% of parcels in the city, this not about one neighborhood or business. Councilor Harvey has mixed feelings about the zoning change. He believes that people will drive to these locations; he is also concerned about trash and rodents. Councilor Watson-Felt states that these neighborhood typically have resident only parking, making it difficult to drive to these locations. Trash, deliveries, vermin are all already managed in existing B1 establishments. Planning Board Questions Mr. Caunter lives in a B1 and has no issue with the proposed change. Mr. Rieder walks to locations on Derby Street often, opting not to drive. City of Salem Joint Public Hearing – City Council and Planning Board February 19, 2025 Page 3 of 5 Public Comment: Erin Britt, South Salem Resident. This is a disruption and a difficulty for small business and to residents. Would like to understand why there are so many B1 areas already. Thinks this is a detriment to small business owners starting something new in the city. And she wants to have a walkable community. Wants to take advantage of her neighborhood. Phil Laffy, 143 Fort Avenue Mr. Laffy is against this. Questions whether we need more liquor licenses in Salem. He is also concerned about noise in neighborhoods. People will walk and drive to the restaurants. Wonders about resident above these businesses and the noise impact on these residents. Tim Draper, Lives in the Derby Street Neighborhood Opposes this change. Derby Street is a unique neighborhood. Alison Draper, Lives in Derby Street Neighborhood This is a unique neighborhood Commends Council on what they did approve. Concerned about safety as the older buildings don’t have sprinkler systems. Peg Harrington Lives in the Derby Street Neighborhood Unique vibrant walkable wonderful neighborhood. Uses her neighborhood for restaurant and is fully in support of zoning change. The neighborhood does need a grocery, desperately. Polly Wilbert, Cedar Street Against adding alcohol and restaurants due to lack of parking. Most of the B1s are dense residential neighborhoods. There is an economic necessity that forces business to have a larger market than what is walkable. Noise and trash also impact the residential neighborhoods. First its alcohol, then music, then outdoor dining. City of Salem Joint Public Hearing – City Council and Planning Board February 19, 2025 Page 4 of 5 Katelyn Halapa Boston Street The use of Boston Street and Bridge Street as thoroughfares in the nighttime feel unsafe. More businesses would help that. Multipath and bike infrastructure would decrease cars; as would extended time on meters to past 6 pm. Supports this and the expansion of commercial businesses into neighborhoods. Lydia King 4 Forest Avenue Having variety and choice helps everyone with their quality of life and accessibility. Most objections are on the basis of specific property or a specific use by a specific business. This zoning change is not by right, it is still permitted by special permit. Steve Kapantais Joined via Zoom Doesn’t know where he is on this. But thinks the process does bring up things that need to be addressed. But tonight is about restaurant and alcohol. This leaves the appearance that this is an in-kind favor for 1 person who wants to open a restaurant. Council Comments: Councilor Cohen says that this zoning change was put forward by the Mayor to promote vibrant neighborhoods throughout the city. The last vote enabled three (3) out of five (5) conditions to be approved. This matter requires a super majority, and a multi-step process. Each step allows for public comment. nothing was voted down, able to move somethings forward. Councilor Watson-Felt reiterates that they didn’t vote anything down and agrees that there seems to be one concerning area and the idea that was raised about separating that parcel(s) – this is not legal. This is why we have the Board of Appeals and Licensing Board both of which allow for extensive public engagement. Zoning borders are invisible lines across street. Economic survival is a fair point but that is not determined by the Council, it is determined by open market. Councilor Merkl appreciates the accessibility ad equity issues. Many younger residents don’t own a car because they cannot afford it . Councilor Cohen moves to close the public hearing. All in favor, the matter carries. City of Salem Joint Public Hearing – City Council and Planning Board February 19, 2025 Page 5 of 5 Jonathan Berk moves to close the Planning Board public hearing, seconded by Helen Sides, and passes 5-0 in a roll call vote. Kirt Rieder Y Helen Sides Y Tom Furey Y Zach Caunter Y Jonathan Berk Y Councilor Cohen moves to refer the matter to the Planning Board for review and recommendation. All in favor, the matter carries. Jonathan Berk moves to adjourn the Planning Board, seconded by Helen Sides, and passes 5-0 in a roll call vote Kirt Rieder Y Helen Sides Y Tom Furey Y Zach Caunter Y Jonathan Berk Y Councilor Morsillo motions to adjourn. All in favor, the matter carries. Adjourned at 7:30 pm Minutes approved by Planning Board: