Joint Public Hearing of the Salem City Council and Planning Board was held in the Council Chamber on Monday, June 16, 2014 at 7:00 P.M. for the purpose of discussing an amendment to the Zoning Ordinance relative to Definitions by adding “Brewery, Distillery, or Winery with Tasting Room” under Section 10; and to amend the Table of Principal and Accessory Use Regulations under Section 3 to add a new “Brewery, Distillery, or Winery with Tasting Room” use be allowed by right in I and BPD zones, and by special permit of the Board of Appeals in the B1, B2, B4 and B5 zones. omNotice of this hearing was posted on June 5, 2014 at 6:33 PM and advertised in the Salem News on June 2, 2014 & June 9, 2014.
Councillor Eppley arrived late at 7:10 P.M.
Councillor Robert K. McCarthy presided.
President McCarthy introduced the members of the Planning Board..
Lynn Duncan gave an overview of the ordinance. She stated the Building Inspector said there was nothing in the current ordinance to address this. The proposal would be allowed by right in the BPD and by special permit and none in residential areas.
She stated she got additional information from the City Solicitor for Licensing. They get a license for producing from the ABCC and they need a local license for pouring and tasting. She told how the process works the next step is that if the public hearing is closed then it is referred to the Planning Board for their recommendation. They have 21 days to give a recommendation to City Council.
Planning Board member asked to define line 3 what on site means.
Ms. Duncan stated you are right this is not clear. The intent is beverages produced on site. We may have to clarify this on the Planning Board recommendation.
Ben Anderson Planning Board member stated his concern with the B1 Zone and tight neighborhoods. What would be a use or situation if an event is held that could run until 10 or 11 pm at night in the neighborhood.
Ms. Duncan stated Business zones have to have special permits this could have restrictions made by the Board of Appeals. The NRCC District is not included and we cannot add it to this ordinance.
Councillor O’Keefe questioned and stated his concern with square footage it should be B2 not B1.
Ms. Duncan stated this is given to the Board of Appeals to do a Special Permit.
Councillor O’Keefe asked suppose they want to hold an event or a wedding who gives permission.
Ms. Duncan stated the Board of Appeals or we can take out the special events or weddings.
Councillor O’Keefe asked if SESD has been called to find out what can be done with the cuttings from the apples.
Ms. Duncan stated there are people who can answer this question in the audience.
Councillor McCarthy asked about the square footage and special events and occupancy and stated they can’t have over 100 people and what about sprinklers.
Ms Duncan state the limitations are put on by the Fire Department and the Building Inspector.
Councillor Sargent stated that sometimes things evolve. Some things can impact neighborhoods like events spill into the neighborhoods. For instance like Salem State ball field is great but the parking encroached on the neighbors. Also the hours of operation.
Ms. Duncan stated that it would be helpful to hear from the audience.
Denise Snape – 102 Jackson Street owner of the business to make cider asked if they could consider their point of view.
Her husband Alex Snape stated that the apples are processed cider and is aged here.
Councillor Eppley stated that the City planner raised a good point regarding special events.
Alex Snape stated that they have made no plans yet they will have specific hours and no special events. They will have a room that hold about 20 people.
Councillor Milo stated at your winery you don’t press your own apples is that typical that fruit is not done on site?
Alex Snape state wineries get grapes from California our apples will be from Massachusetts.
Councillor Milo asked if it is typical to truck in juice?
Alex Snape said we have no parking lot, it is street parking and they are not anticipating a large number of people. Our facility is not that large so we are buying processed cider.
Councillor O’Keefe asked have you seen regulations for California? The communities regulate the use for tasting. And you stated you won’t be pressing the apples. He asked what is the square footage of the facility.
Alex Snape state 3,000 square feet in a B4 Zone.
Councillor Siegel asked if letters went out to abutters?
Ms. Duncan stated abutters are notified upon application. We go 300 feet from the project to notify abutters.
Councillor Gerard asked for clarification on Winery. And asked they won’t have a large event due to only 10 – 20 people.
William Grisset planning board member stated this is different from California. This is a small venue and tasting of the product.
Councillor Turiel stated one winery in this area is in Rowley. They do bottling and ferment them and sell retail. Most breweries in this area enhance the town. There is a market for it. This could be an asset.
Ben Anderson planning Board member questioned about the operation and disposal of leftovers. Will our public system accept this? Is there an odor to this?
Olle Duijvesteijn – 10 Mall Street stated he considers this an important step in allowing such an establishment. Let the Planning Board or the Board of Appeals make the decisions.
Dan Hunter – Entrepreneur who owns Deacon Giles distillery stated this is a critical step for us. We brought this forward to the Mayors office. The current ordinance is out of date. The advantages to Salem would be that it is an economic development opportunity. We have a great tourist base with artisans and crafters. Concerns regarding waste producing grain base we will sell. We sell the waste to farmers and the waste water is minimal. We can pre-treat water with co2 this neutralizes the water. A corporate event would be a small group. Off premises is allowed by right, on premises sale needs license approval.
Councillor Milo asked if spent grain is that mash?
Mr. Hunter stated yes.
Councillor Milo asked what is the volume of the large barrels and will they be outside and is there a smell.
Mr. Hunter stated we get rid of waste in a day or as quick as possible and everything is kept inside.
Councillor O’Keefe asked Mr. Hunter if they have talked with SESD
Mr. Hunter stated that they are just looking to operate on a small scale.
Councillor Furey stated that a local historian Jim McAllister throughout his lectures always talks about Salem’s entrepreneurs.
Councillor Siegel asked Mr. Hunter how long he has been in this industry.
Mr. Hunter stated 7 years.
Councillor O’Keefe asked Mr. Hunter the name of his business.
Mr. Hunter responded Deacon Giles
Chris Lohring from Ipswich, MA started the Tremont Brewery in 2009. Currently in Salem we have Boston Beer Works is a good example. There are many examples. Half way through a tasting room may sell retail sales it should match Chapter 138 Farmer Brewer. He stated that he wants to open a business at 63 Grove Street in the NRCC District can this be added. There will be a marijuana dispensary across the street.
Councillor Siegel asked why cant this go in the NRCC
Ms. Duncan stated they didn’t put it in because it doesn’t fit the table of uses. We could look at adjacent zoning to see if it could be added.
Councillor O’Keefe asked if it is a wood structure.
Mr. Lohring stated it is cinder block and near the river.
Councillor Siegel stated make sure we have it correct can you pour 16 ounces of beer with a pouring license?
Mr. Lohring stated yes.
Geoffrey Millar – 20 Abbott Street – stated he is a taxpayer who sees businesses helping the tax base. Current zoning blocks these businesses. Craft beer is up and coming. He supports the ordinance.
Chris McGowan – 28c Federal Street – he stated he is a home brewer. Craft Beer companies made a total of 13.2 Billion dollars in 2013 and is popular in local restaurants. He has a list of Farmer brewers in Massachusetts. It makes sense to have Salem involved in this market.
Derrick Julien - 9 Parlee Street – is in favor but is concerned about trucks and sidewalks. He will speak in favor to the neighbors and get the word out.
Councillor Famico asked Ms. Duncan on the notice of special permit is there a cap on tasting rooms.
Ms. Duncan stated the last sentence there is a cap and on hours of operation. The Board of Appeals can set time on a case by case basis.
Councillor Siegel we need to be clear and decide on the size of the drink for pouring. He feels it needs to be worded in this ordinance also about food. He stated he is in favor but concerned with giving it by right to a business park development. It sounds suitable more for the downtown.
Councillor Turiel stated this is one of the oldest businesses. He stated he has two questions. 1 Restriction how much is in the licensing itself and 2 we may want to clarify what is allowed for the pouring license.
Councillor McCarthy asked if he could get a copy of the Farmer Brewer pouring license.
Councillor Eppley stated to make a point on the amount of the pour we should follow what the state allows.
Timothy Ready Planning Board member stated the History of Salem in the early days there were tasting operations. Salem should embrace this.
Matthew Veno planning board member stated we have small businesses here in Salem and it’s a good thing. This adds to the cultural richness of Salem and the growing tax base.
Councillor Milo stated she is impressed with the number of Salem residents that want to do business here and the mutual respect for those who could have been competitors.
Councillor McCarthy whether its permit or by right we need to tweak the language. He thanked everyone for their input.
Councillor O’Keefe moved that the hearing be closed. It was so voted.
Councillor Turiel moved that the matter be referred to the Planning Board for their recommendation. It was so voted.
On the motion of Councillor O’Keefe the hearing adjourned at 8:40 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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