ORDER-2024-4 : Amending Melrose Revised Zoning Ordinance to create provisions for Brewery Use as set forth herein.

Transcript (~22 min @ 18:48)

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▶ 18:45 Leila Migliorelli: Thank you. Last on our agenda. Tonight is ordered 2024 dash four amending Melrose Revised or Zoning Ordinance to create provisions for Brewery Brewery use as set forth herein. Tonight we have Lori Masses, senior Planning Senior Planner in the Office of Planning and Community Development here with us to speak on this order,

▶ 19:08 Speaker 1: along with others, Al Mayor Broder. Hello.

▶ 19:17 Speaker 7: Good evening. Hello. Um, so we're here to provide an update on the brewery zoning, uh, and the planning board recommendation, um, to you based on the public hearing that occurred on, um, August 14th, which was a joint public hearing, um, with your, um, committee. And so if you'd like, I can run through the recommendation, um, or answer questions.

▶ 19:44 Speaker 1: I think we can go to questions, unless anyone would like to hear the recommendation.

▶ 19:52 Speaker 1: Let's go with questions. It's trying to keep things moving if you haven't. Yes, go ahead, mayor.

▶ 19:59 Paul Brodeur: Quick point of clarification before I get into a much longer role, perhaps later, is that the, um, planning board, uh, reinforced or, or forwarded their original amendment with no amendments based on the testimony, correct? Correct.

▶ 20:15 Speaker 7: Yes. We did have one, uh, correction. There was a typo in the section number. So we've have a new draft with the August 28th date. Um, but there are no substantial changes to the amendment. Um, so the, the planning board met on, um, August 28th to, you know, review the comments that were made during the public hearing and, um, provide responses to the, the issues that were discussed. Um, and we also, um, provided maps, which I have large versions here, if anyone wants, wants to take a look, uh, in detail at the, at the districts. And yeah, I'm happy to to discuss any of these. Sure. Yeah, you can,

▶ 20:53 Speaker 1: if you wanna go through it and then if you wanna display the maps, that's fine too. Sure. Yeah. Okay. Um, so the first,

▶ 20:57 Speaker 7: the first item was about anticipated revenues from this use, um, which is difficult to determine since we don't have the business here. But we do expect revenues from meal meals tax, personal property tax levied on commercial commercial enterprises, and annual permitting and licensing fees. Um, the next was the impact on the Health and Human Services department and the police department. Uh, so Lauren Graham here, um, um, city's Director of Economic Recovery and Business Development checked in with a regional economic development, uh, directors in the area that have breweries. Um, and they didn't have any, um, comments to, you know, there weren't any increased burden on their health and police departments. Um, so that was important to note. And the city does have a substance substance abuse coordinator, um, who we would work with and work with a, a brewery business, um, to address any issues of sub substance abuse that might arise, uh, in the city with this new established with a new establishment. Um, proximity to schools, uh, was a, a question that came up. So the state law does have, um, a regulation about proximity to schools, uh, and churches. And so we didn't repeat this regulation, and that is if there's a brewery that wants to establish within 500 feet, there's a process, um, that the licensing commission, um, has to go through so they have a public hearing to determine any detriment, um, that there would be to, uh, a church or a school within 500 feet of their brewery. Um, so food trucks was another item. Um, we have two permits in the city that would be needed. Um, so the Board of Health has a permit and then also the D P W has a permit for occupying if the food truck was in the street, um, they need a permit for that. And we checked in with the health director. Um, there haven't been any problems with, um, rats or food waste for the existing food trucks that we have. The, uh, the size of breweries, um, came up as a question. So breweries would be likely, um, occupying existing, existing, uh, commercial spaces in the city. So they would be kind of limited, um, in size based on that. And then additionally, um, they would, they'd be limited to producing what the, their customers can consume. So they're not gonna be producing so much beer that they'd be wasting, um, without the distribution piece, which is a separate use. Um, and, um, we, you know, more of an industrial use, which, um, would be, you know, in the industrial areas and then allowed by, um, special permit in some of our higher, um, intensity commercial zoning districts. Um, odors was another item that came up. Um, so best practice is to have vent stack through the roof of the establishment, and you can have filters in that to, to help with odors. Um, so the Liquor Licensing Commission would, um, would request that these me measures are put into place when they're permitting a brewery. Um, and similarly hours of operation would be, um, controlled by the, the liquor licensing, um, upon issuing a farmer's brewer's pouring permit. Um, so I touched a little bit on the permitted locations, um, for breweries. So the, the general, um, intent of the zoning is to provide establishments that are providing an amenity for the community. So they're open door, you know, people are coming in. Um, they're not, um, meant to be just kind of industrial uses. So the, um, zoning districts where restaurants are currently allowed would also allow breweries by right as the zoning is written. Um, and then if there was distribution that moves it into more of an industrial use, even though they would still have to be kind of open to the public for onsite consumption. Um, so the breweries with distribution would be allowed by special permit in certain locations. So the planning board would review the location and all of the, um, particulars about, you know, um, traffic and parking and all those things, um, in approving of a location. Um, and then in the industrial districts, I, as I mentioned, they have better access to, um, highways and, um, they would be allowed to have breweries with, with distribution in the industrial districts. Um, so, um, the planning board didn't recommend, uh, any changes to the amendment as it was proposed. Um, and we'd be happy to answer questions.

▶ 26:10 Speaker 1: Thank you. Um, in queue already, I have Councilor Ella and President gti start with Councillor Ella.

▶ 26:17 Christopher Cinella: Thank you, Madam Chair. Uh, just clarity around the food, um,

▶ 26:22 Speaker 5: aspect of it as of right now, as it stands, if they were to open up, we, we pass this and the Liquor Commission passes this and they open tomorrow,

▶ 26:31 Speaker 5: would they not be under the two drink? It would be correct.

▶ 26:38 Speaker 5: Okay. Sorry. Sorry. Okay. All right. That's all. I just kind of curious. I couldn't figured that it would be, um,

▶ 26:46 Speaker 5: so I'm, I'm in favor of this, this order. Um, you know, so it seems like a pretty good addition to the city and, um,

▶ 26:56 Speaker 7: yeah.

▶ 26:57 Speaker 1: President ti

▶ 26:58 Jen Grigoraitis: Thank you Madam Chair. Thank you all for being here tonight. That was really helpful, Ms. To have so many questions answered. Um, I just wanted a few follow up questions and clarification. You said that there was restriction around zoning as it relates to being near schools and churches. I'm assuming that's houses of worship, not just churches. It's not specific to a Correct.

▶ 27:17 Speaker 6: In our zoning that it would just be reflective of the So

▶ 27:19 Speaker 7: We, we actually did not put it into the zoning because it's a, it's a, a state

▶ 27:23 Speaker 6: Regulation. Okay. It's a state regulation. Okay. That's the statute.

▶ 27:26 Speaker 9: It's, it's built into Mass General. Okay.

▶ 27:28 Speaker 6: Right. Awesome. Thank you. So

▶ 27:29 Speaker 7: We didn't repeat it because oftentimes those change and there's a, a, you know, Right. Then already established, Um, protocol for it, so. Right.

▶ 27:36 Jen Grigoraitis: Okay. Thank you. Um, and then if, and maybe these are more questions for Ms. Grimm. Um, if you could just walk through what the ABC's best practices were for how to go about this process and they're the, the state regulatory body for alcohol. Sure. Consumption. Um, so as the council probably recalls, the first step was, um, accepting Mass general law, uh, chapter 1 38, around farmer brewer licensing, which I believe was back in May. Um, the next step is the zoning to just allow for this business use to exist before any work begins on establ establishing the licensing and the regulations around it. Um, and this was sort of the best practices of some of the other communities as well as in speaking with the executive director of the state A B C C, around, you know, our first question was how do we start, what, where do we start? Um, and that was sort of like the best roadmap laid out to us at that time. Thank you. And under chapter 1 38 of state laws is the social host law, which actually, if you are regulated, if you have an alcohol license, you run the risk of losing that license and paying substantial fines should someone be overserved in your establishment. So it's good to know that that is already in place across the state. And then I know you mentioned that, um, a possible location for a brewery would be an existing commercial space. Do you have an approximate number or percentage of how many of our existing commercial spaces are currently vacant? Um, I don't have that. I can get that for you though. Yeah. Thank you. Thank you, Madam Chair,

▶ 29:06 Maya Jamaleddine: Vice Chair, Jamal, Thank you. Um, thank you for the presentation and for answering most of our questions. Um, I wanna thank Ms. Remick for taking the time and explaining everything for our previous call. I appreciate that. Um, when you mentioned about school, uh, is it all schools and, uh, including private schools as well? Uh, and probably daycares, or is it just specifically public schools?

▶ 29:39 Speaker 9: I think it's pre-K to 12

▶ 29:41 Paul Brodeur: Both. So it wouldn't apply to a college of university or, um,

▶ 29:47 Speaker 1: We don't have university

▶ 29:48 Speaker 9: Students trade school or something like that, but it would apply to say charter school or a parochial school.

▶ 29:57 Maya Jamaleddine: So private school as well is included. Yep. Um, and, um,

▶ 30:04 Speaker 1: and daycares as well. I understand.

▶ 30:08 Maya Jamaleddine: Okay. Okay. Thank you. Councillor Williams.

▶ 30:12 Ryan Williams: Thank you. Um, I wanted to go through, I wanted to ask you some questions about the way that these different regulations interact with each other for the benefit of the public and for myself, just to confirm that I'm understanding this correctly. So the zoning regulations affect what uses a business can have in the city of Melrose. We did this thing with the bicycle maker that was like not an allowable use, and they had to get a special permit. So what we're suggesting here is that rather than make these folks go through the special permit process, we're just gonna give them by Right. The ability to open a brewery in Melrose,

▶ 30:45 Speaker 7: Depending on the zoning district,

▶ 30:48 Speaker 5: Depending on where they are. Yes. Right.

▶ 30:48 Speaker 7: And without distribution. Well, Mm-hmm.

▶ 30:51 Speaker 3: And I to add, so as of right now, in the absence of an allowance for a brewery, it's forbidden as a use. Okay. So we have to create the definition and then define places where it can either

▶ 31:05 Speaker 2: be allowed by Right. Or allowed by special permit. And so the having it in the zoning as a start is essential to allowing it at all.

▶ 31:14 Ryan Williams: And this is a way to guide businesses too, to show them this is what Melrose, this is where we think this kind of thing should go. Correct. Yeah. Um, isn't there only one industrial district? This is a slight aside, it's it's aggregate, right? Or there? Is there more than one? We have two. Oh, we have two. Where's the other one? I'd love to see the map. The

▶ 31:32 Speaker 7: Board. Yeah. This is, um, so this is the map with, um, with, with distribution. So we have the ia, um, zoning district, which is down by, um,

▶ 31:43 Speaker 5: I see. And then we have one in the other corner.

▶ 31:44 Ryan Williams: So that was never, that, that remained industrial. Even

▶ 31:49 Speaker 7: With an overlay district.

▶ 31:50 Ryan Williams: With an overlay district. Yes. Okay. Interesting. Yeah. Okay. Very interesting. Right. And that far corner, that's essentially behind Mount Hood. Mm-hmm. The Gulf kind of behind the golf course. Yeah. That's where d n R painting is. That's where the garbage station is. Right. So nobody's building a, um, a brewery? Well, maybe, but probably not. Um, okay. So the zoning just says this is an allowable use for this business in these districts. Right. It doesn't address the food issue as Councillor Ella pointed out, that's in the existing Melrose code. And so this vote doesn't really affect that regulation, is that right? Correct. Correct. Yeah. That's

▶ 32:31 Speaker 3: Per pursuant to the separate licensing commissions jurisdiction.

▶ 32:34 Ryan Williams: Right. So it's, and, and how many licenses do we have in the city?

▶ 32:40 Paul Brodeur: That's Kind of a complicated answer. Right. So we have three available for what's called consumption off the premises, basically. Yes.

▶ 32:47 Speaker 5: Beacon Hill,

▶ 32:49 Paul Brodeur: The, with the Beacon Hill and Buckaloo, and the third one has not been taken.

▶ 32:55 Speaker 9: Ah, right. Yeah. And in terms of the,

▶ 33:00 Paul Brodeur: um, the consumption premises on Premises market, yeah. Um, I would be guessing a little bit, I'm going to guess around 10. 'cause we have two different, um, versions of that, if you will. We have, uh, essentially a restaurant license that's not exactly what it's, we have a restaurant license and we have essentially a club license,

▶ 33:20 Speaker 9: which covers, uh, Bellevue. Mm-hmm. V F W V F W, Elks and the Knights. Right. Okay. I don't think I'm missing that.

▶ 33:31 Ryan Williams: Okay. Okay. Um, and, um, sorry, I just kinda lost my train of thought for a split second. It's been a long day.

▶ 33:38 Speaker 5: Um, so with the, um,

▶ 33:42 Ryan Williams: with the public comment that we received, just to, I know we've said we've got a lot of letters. We got 25 letters on this. They're all the same 20. No, they weren't all the same. No, I don't mean No problem.

▶ 33:53 Speaker 2: We've all seen

▶ 33:55 Ryan Williams: Letter campaigns, but yeah, this was, these were people that really believed, they really believed it. And there was just so many people from so many different places that were so excited about this, were so ready to have it happen. So ready to see it in Melrose.

▶ 34:07 Speaker 9: And I apologize, Kyle, I meant they were all basically stating the same position. They were not at all.

▶ 34:13 Ryan Williams: They were. Yeah, yeah, yeah. They were all, it was not a in support template Or a form Yes. In support. So the only real, the only real issues we heard raised were the odor, which we've been told that the liquor Commission should potentially request a filter of some kind. I think that would be a really good thing to do. Um, and, um, and food issue, which apparently is already under, it's already, it's already dealt with because it's already in the existing law. Um, so with that, I'm, I'm happy to support the order. Um, I'm excited for the brewery to, to get underway. And thank you all for coming out and giving us a great presentation.

▶ 34:46 Speaker 1: Councilor Repe.

▶ 34:47 Speaker 3: Thank you, Madam Chair. Um,

▶ 34:50 Mark Garipay: just a quick question on the, the procedure. Best practices. Um, this is the first time we're doing it, right? So we've talked to other communities. Is it typical to change the ordinance prior to conversations with the Liquor Commission, um, on some of those regulations, or it's a separate legal body, right? So I mean, what have you seen out there with other communities? Have you, as you've done this research understood.

▶ 35:20 Paul Brodeur: I'll start and then she will cover with actual facts. No, I'm, I'm mostly joking. So, um, it's hard to say precisely only because every community's a little bit different in that, um, not every community say has a specific liquor commission. So the, the legislative body in some place, it's pretty uncommon these days, is also the licensing authority for alcohol licenses. Uh, as a general proposition, the zoning happens first, but there, um, for some places that I guess I would say were a little bit, um, more used to, let's say this kind of activity, it was a little bit of an easier lift because they already have, um, a prep, uh, a more robust set of touch, um, set of opportunities in terms of consuming alcohol on the premises. So I'm not sure there is a single best practice, but it's typical that the, um, you know, kinda the big picture legislative piece goes first, then the regs that tend to be thought of as, uh, the fine tuning or the, or the detail work, if that makes any sense. In fact, I, I, I think y'all know this, but just as a reminder, uh, licensing regulation in Massachusetts should be understood as a two-part process. Meaning no matter what we do, if the A, B C C, if the state says this particular, any particular applicant for a license doesn't fit

▶ 36:56 Paul Brodeur: their practices and their regulatory regime, um, then that license will not be issued regardless of what the city licensing authority thinks is the right thing to do. So it's that, it's, you almost get two bites of the apple in that sense.

▶ 37:14 Speaker 6: Did that answer your question or do you want me to add Yeah, my 2 cents. That's

▶ 37:18 Mark Garipay: Fine. I mean, I, uh, I, I support this order. Um, I think we've taken baby steps over the last 50, 60 years on, on expanding alcohol in, in, uh, Melrose. And I think the Liquor Commission overall has done a, has done a, a good job, um, taking these baby steps, so to speak. Right. We didn't have liquor stores until 10, probably 10 years ago. And, and, and they've controlled that pretty well. Um, so I, I'm gonna support this. Uh, I think, um, I need to have some faith in, in, in the Liquor commission and how they're gonna do it, and I'm gonna voice my concerns regarding, um, I still have, uh, concerns about the, um, food trucks, but that's, that's not just there. It's across, across the community. So, um, thank you

▶ 38:08 Speaker 1: Councillor Eccles.

▶ 38:10 Speaker 5: Thank you. Um,

▶ 38:11 Jack Eccles: I appreciate you all taking the time to answer the questions from the public hearing. Um, I think we're making good progress in another baby step in what I think will be kind of an improvement on our economic landscape. And additionally,

▶ 38:28 Jack Eccles: I think that there, for anyone who does have further concerns, I think there is a public process with the Liquor Commission where the regulations will actually be drafted. Um, so that's, that's another opportunity to kind of voice Any questions there? Um, at this time, I would make a motion to recommend passage

▶ 38:44 Speaker 1: Mo Motion recommend, made by Councillor Eccles, seconded by Councillor Williams on discussion Councillor Repe.

▶ 38:51 Mark Garipay: Just one quick thing. Uh, when this does go for debate in front of the Liquor Commission, if we can, I know a lot of times their meetings are just really one day liquor licenses, but this is kind of a change. So if we can 10, you know, something, a meeting like this should be maybe after work and not 10 in the morning, just so the general public can, can weigh in. No,

▶ 39:11 Paul Brodeur: That's a great point. And we have, um, spoken to the commission about that as they, you know, as that consideration starts, that, to your point, this isn't kind of a, a one-off, there's a little bit of a bigger change that will affect practice down the road. Um, and I also certainly, um, we want to hear from folk as, as we did tonight. There's a lot of support for this. The devil's always in the details, but your point is well taken.

▶ 39:39 Speaker 3: Thank you.

▶ 39:41 Leila Migliorelli: Thank you. Um, and thank you all for being here. I have no further questions, um, myself, but I appreciate the time and effort and the, uh, visual aids, uh, that we recommended from last meeting. So, um, that being said, Mr. Clark, will you call

▶ 39:57 Speaker 3: Roll vice chair Jamal?

▶ 39:59 Maya Jamaleddine: Yes.

▶ 40:01 Speaker 3: Councillor Ella? Yes. Councillor Eccles? Yes. Counselor Repe? Yes. Councillor Williams? Yes. President G? Yes. And Chair Elli? Yes. That's seven. Yes.

▶ 40:16 Leila Migliorelli: Right. This order will be brought to the full council at our next meeting, which is September 21st with a recommendation for passage. Thank you all for being here tonight. Thank

▶ 40:23 Speaker 9: You for your time and consideration as always.