Salem committee approves one-year waivers for two Derby Street parklets with conditions

The Salem City Committee on Government Services voted to grant one-year waivers allowing two Derby Street restaurants to keep outdoor dining parklets in the roadway from November 2025 through May 2026, subject to conditions intended to protect snow-removal operations, the bike lane and city liability.

Chair Varela said the waiver order applies only to Regaza Restaurant Group, doing business as Bambalina (288 Derby St.), and Hazel Deli LLC, doing business as Witchside Tavern (283 Derby St.). The committee recorded "3 hands plus my own" in favor when the chair called for the vote and declared the motions carried.

Why it matters: Councilors and city staff wrestled with whether temporary COVID-era parklets should remain in place over winter months, weighing the economic benefits restaurants cited against operational challenges for the Department of Public Services (DPS), particularly snow removal and access for emergency vehicles and bicyclists.

Applicants and city staff: Maz, representing Bambalina, and Tim Hague for Witchside Tavern said the parklets are semi-permanent, architect-designed structures that are hard and time-consuming to dismantle each season; Hague noted the patios add roughly 32 seats and said owners built the structures expecting a future sidewalk bump-out that has not been completed. DPS Director Ray Joden said the city has not yet surveyed Derby Street for a permanent change and warned that specialized sidewalk-clearing equipment used elsewhere would not fit the 5-foot bike lane adjacent to Jersey barriers on Derby Street.

Conditions and next steps: The approved order as amended requires the two licensees to pay prorated parking-space fees for the extended season (the committee referenced the existing $1,000-per-space seasonal figure used under the City of Salem outdoor dining policy, dated 12/07/2023), work with the DPS director to finalize a site-specific snow-removal plan and agree to conditions set by DPS, and assume responsibility for damage to structures caused by city snow-removal operations. The committee also directed the city solicitor to prepare proposed amendments to the outdoor dining policy (including liability language) and return them to council for review.

Councilors stressed the approval is a time-limited trial. "This needs to be fixed in the actual books," Councilor Stott said when moving the amendment to limit the waiver to the 2025'2026 winter season and add the fee, snow-plan and liability language. Several councilors said they supported the trial because year-round outdoor dining could help small businesses through slower months, but urged that traffic, transportation and DPS staff be involved in a coordinated implementation plan.

Debate highlights: Opponents of an immediate blanket allowance raised practical concerns about plowing, where snow would be placed, the effect on the protected bike lane and the fairness of setting a precedent for other businesses. Ray Joden and Councilor Jerslow (Jerslow/Jerzlo in the transcript) recommended surveys and planning time for future requests; Joden told the committee he would work with the businesses to finalize operational plans and conditions.

What the order says (summary): the two named businesses are granted a waiver to maintain outdoor dining platforms on Derby Street for November 2025 through May 2026; businesses will pay prorated parking fees per used parking space; businesses must collaborate with the DPS director on a snow-removal plan and accept any reasonable conditions; licensees will assume risk for damage caused by city snow removal; the city solicitor will be asked to draft policy amendments addressing liability and the application timeframe for future waivers.

The committee also discussed updating the outdoor dining policy to set an application deadline (Councilor Brusil suggested July 1 for future waiver requests) and to clarify how fees and barrier charges would be prorated. The chair said the waivers are for a one-year trial and must be renewed annually.

The committee adjourned after the votes.