[Massplanners] [EXTERNAL]RE: Friday Boozy Question

Fri Jul 19 11:50:21 EDT 2024

Hi Joe

This is pretty awesome stuff so thank you for your detailed explanation. Unfortunate that it hasn't been taken advantage of so far. Do you have any insight into that?

Again, appreciate the quick reply too.

Best

Chris

From: Joseph Iadonisi <jiadonisi at newtonma.gov>
Sent: Friday, July 19, 2024 11:47 AM
To: Ryan, Christopher <cryan at belmont-ma.gov>; 'Mass Planners' <massplanners at masscptc.org>
Subject: [EXTERNAL]RE: Friday Boozy Question

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Hi Chris,

Newton established a new zoning use for Craft Beverage Establishment last year. We have a permissive ordinance and limited "Bottle Works" to nonalcoholic beverages so any sort of alcohol production that containerized was not allowed. In our research, it looked like a lot of towns/cities that have breweries or distilleries do not have any ordinance or specific use, but based on where they are I think it just qualifies as a manufacturing use in most cases. Our intent was to allow for a wide range of establishments and not box ourselves into just breweries, but so far we have no takers.

It passed pretty easily, but here were the impediments:

  *   The range of establishments could be from something that looks like a small restaurant and fits nicely into a commercial center to a manufacturing use with lots of delivery traffic. We created a limit of 10,000 square feet by right except in manufacturing districts to try and keep the manufacturing-focused businesses where manufacturing typically goes. Also we set up two different sub-uses to distinguish between establishments that serve on-premise versus those that might only distribute with the idea of limiting where the establishments that only distribute might go. Given real estate prices in Newton, this city might not be where a large production/distribution facility would choose to set up and the market for breweries, etc. is definitely to start small.
  *   Parking, as always, an issue. It could have been perceived as unfair to have no parking for breweries and still have our existing parking standards for restaurants. We ended up going with a mix- basing it on seats where on-premise consumption occurs, similar to our parking requirements for restaurants and basing it on square footage and employees in off-premise consumption facilities, similar to manufacturing uses.
  *   Liquor licensing was a very frequent topic for discussion, most establishments use the Farmer Brewer or Farmer Distiller License, but there is also the Pub Brewer license. I frequently was lost and confused with the processes and rules for these, but the important take-away is that it is a different license than those for restaurants or package stores, so there these establishments will not be "taking away" licenses from those uses and from what I was told, there is no local limit to the number of breweries or distilleries.
  *   Water/sewer did not come up but that should be a consideration for municipalities where the systems are stressed as they could use a ton off water and produce a significant amount of wastewater. Again, for Newton, the market is not going to support a major "macro" brewery coming in to produce and distribute to a degree that our systems would be stressed. If that is a concern for your municipality, maybe a Public Works sign-off prior to Building Permit would be advisable.

Here is the text:
Newton City Ordinances Chapter 30
Sec. 6.4.10. Craft Beverage Establishment
A. Defined. Any properly licensed establishment licensed under M.G.L. Chapter 138 that produces and/or containerizes alcoholic or alcoholic and non-alcoholic beverages for consumption on and/ or off premises. That includes but is not limited to breweries, microbreweries, brew pubs, distilleries, wineries, meaderies, cideries, and tap rooms.
B. Standards for Allowed Uses
1. Craft Beverage Establishments: Off-Premise Consumption Only. Establishments may produce and/or containerize and sell alcoholic or alcoholic and non-alcoholic beverages for off-site consumption by retail and wholesale. These establishments must occupy a building or portion of a building that has a floor area of no more than 10,000 square feet except in Manufacturing and Limited Manufacturing districts.
2. Craft Beverage Establishments: On-Premise Consumption. Establishments may produce and/ or containerize and sell alcoholic or alcoholic and non-alcoholic beverages for on-premise consumption. Retail sale or wholesale of closed containers for off-premise consumption is also allowed. These establishments must occupy a building or portion of a building that has a floor area of no more than 10,000 square feet except in Manufacturing and Limited Manufacturing districts.
3. In all districts, outdoor sidewalk seats are permitted under revised Ordinances Chapter 12, Section 12-70.
C. Standards for Special Permit Uses.
1. In Business Use 1-5 and Mixed Use 1-4 districts, Craft Beverage Establishments occupying a building in excess of 10,000 square feet may seek a special permit.

Parking
[cid:image001.png at 01DAD9D1.D6865110]

Sincerely,
Joe Iadonisi
Senior Planner
Department of Planning and Development
City of Newton, MA
617-796-1140
Pronouns: He/Him/His

From: MassPlanners <massplanners-bounces at masscptc.org<mailto:massplanners-bounces at masscptc.org>> On Behalf Of Ryan, Christopher via MassPlanners
Sent: Friday, July 19, 2024 9:08 AM
To: 'Mass Planners' <massplanners at masscptc.org<mailto:massplanners at masscptc.org>>
Subject: [Massplanners] Friday Boozy Question

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Hi all

Been saving this for a quiet Friday.

Anyone have any model, cutting edge bylaws allowing breweries, distilleries, etc.?

What have you seen as primary impediments other than temperance, water/sewer?

Do they require the same liquor licensing at various levels and permutations?

Thanks and cheers! Let's have a happy hour!

Chris

====================================================
Christopher J. Ryan, AICP
Director of Planning & Building
Town of Belmont
19 Moore Street
Belmont, MA 02478-0900
Tel: 617.993.2658
Email: cryan at belmont-ma.gov<mailto:cryan at belmont-ma.gov>
Web: https://www.belmont-ma.gov/office-of-planning-building<https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fwww.belmont-ma.gov%2foffice-of-planning-building&c=E,1,V4pgA4APBYmidOnM_ywUWa18ArXsX4Xz0QrYQeqLZWpH5mPzDUdgmcuElCP3T5eF-G_KmypUKa-wugZYvW9j0I43FlMhWDrq2IvHoWtEiCtud5AJ_YWll4M,&typo=1>
===================================================

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