Salem council grants one-year winter waivers for two Derby Street outdoor dining platforms

Chair Varela and the City of Salem Committee on Government Services voted Oct. 28 to grant one-year waivers allowing two Derby Street restaurants to retain their outdoor dining platforms through May 2026, subject to conditions meant to address snow-removal and liability concerns.

Why it matters: The council's action lets Regaza Restaurant Group (d/b/a Bambalina) and Hazel Deli LLC (d/b/a Witchside Tavern) keep structures the businesses say are difficult to dismantle, while requiring them to pay prorated parking-space fees, work with the Department of Public Services to finalize a snow-removal plan and assume responsibility for damage from city snow operations. Councilors also directed the city solicitor to amend the outdoor dining policy to codify these and related provisions.

What the applicants said: Maz, representing one applicant, told the committee the patio was constructed so it is hard to remove — "it's really hard to remove it" — and said moving it every season is a "nightmare." Tim Hague, the other applicant, described the platform as a substantial structure designed with Griffin Architects and said they built it expecting a future "phase 3" sidewalk bump-out. Hague said the businesses are exploring roll-down vinyl sides and infrared heating and pledged frequent snow clearing and cooperation with city staff.

What officials worried about: Ray Joden, Director of DPS, said snow removal must preserve access for police, fire and bicyclists and that the city has not yet surveyed Derby Street for a permanent bump-out. He said specialized sidewalk plowing equipment used elsewhere would not fit the 5-foot bike lane when Jersey barriers are in place and warned that keeping the parklet could require switching from plowing to manual snow removal operations.

Conditions attached to the waiver: The committee's amended order requires that (1) only the two listed businesses be permitted the waiver for November 2025 through May 2026; (2) businesses pay applicable parking-space fees prorated for the extended season (the council discussed doubling the seasonal fee used in 2023 as a starting point); (3) each licensee work with the DPS director to finalize and implement a snow-removal plan for their location and comply with conditions set by the DPS director; and (4) licensees assume responsibility for damage to structures caused by city snow removal. The committee also asked the city solicitor to prepare revisions to the outdoor dining policy, including indemnity language and application deadlines for future waivers.

Vote and next steps: Councilor Stott moved the amended order and Councilor Merkel seconded it; Chair Varela recorded "I see 3 hands plus my own" and declared the motion carried. The committee also carried a second motion requesting the city solicitor amend the outdoor dining policy and liability language. The waivers are set as one-year trials and must be renewed annually.

Numbers and fees noted in the discussion: Councilors referenced the $1,000 seasonal-per-space figure used in 2023 as a blended average for approximately six months and discussed prorating or doubling that amount to cover the November-through-May period. A separate $100-per-Jersey-barrier annual transport/handling fee was discussed as a possible cost-recovery measure; the council asked the city solicitor to clarify fee mechanics.

What was left unresolved: DPS said it needs months to survey, mark and plan locations; councilors asked that the businesses commit to a coordinated plan and the city solicitor be asked to draft clear liability and application-deadline language. The committee also requested a post-winter review of the trial.

Participants quoted in the meeting are accurately attributed above to Chair Varela, Maz (applicant), Tim Hague (applicant) and Ray Joden (DPS director), each as first referenced with role.