Order Regarding a Text Amendment to the Boston Zoning Code to Establish Formula Retail Uses.
Lucky member 0247 and counsel on media offer the following order regarding a text amendment to the Boston Zoning Code to establish formula retail uses. Thank you. Thank you, Mr. Clarke. The chair recognizes. The Chair recognizes. Counsel me here. Counsel me here. You have the floor at this time. Thank you, Mr. President. Politicians love to use the phrase Small businesses are the backbone of our economy. It's a phrase we hear so often. It's literally lost its meaning. Those words need to be backed up by action. And this is what we're doing here today. As many of you know, total wine and spirits. A major commercial retailer was recently awarded a liquor license to operate one of their major chain locations right here in Boston, despite opposition from local elected officials, community groups, abutters and neighboring small businesses. How is it that something so universally unwanted can pass through? Without question, especially when you know how deep the inequities are in our liquor license system. To begin with, this is why we're filing a tax amendment to establish a retail formula use in our zoning code. The purpose of this tax amendment is to define what major commercial chains look like. It is also to ban them from being allowed to set up shop in residential zones. And we would and would make their development commercial zones conditional. This is a tax amendment which was originally filed by my sister and service councilor Edward Janey and then Councilor Wu. It was ultimately vetoed by the Walsh administration. But given that one of the original co-sponsors is now across the hall in the Eagle Room, I think our chances of passing this have improved. We look forward to this conversation and doing more to stand up for small businesses in our city. Thank you, Councilman. Here. Would anyone else like to speak on this matter? I see. Councilor Edwards, the chair, recognizes Councilor Edwards. Thank you very much. And it's true. At the time, we were dealing with Starbucks in the North End, specifically focusing on the concerns of big box stores, being able to out do move faster then and locate and small in our neighborhoods and therefore hurt our small business owners. I want to be very clear that that there was no passage of this ordinance, there was no veto by whilst the issue was legal and case law that demonstrated that zoning codes actually cannot favor small businesses over big box stores. So we tried the zoning amendment, but we were met with case law. And I can send that case law to the drafter of this ordinance. So what we will need is either a favorable case decision coming out of land court demonstrating that we can do this in our zoning courts and our zoning code, or we will need to draft this in such a way that it cuts. It helps small businesses, but doesn't look like we are unfortunately favoring them over big box stores. And that's I just want to add that historical context. We were met with legal opposition. There was case law. So. Thank you. Councilor Edwards, would anyone else like to speak on this matter? The chair recognizes Councilor Bach. Thanks so much, President Flynn. And I just want to say, please do add my name. And I'm grateful to councilman here for bringing this forward. I agree with councilor is that we've got some legal challenges there. But I very much agree that, you know, trying to figure out some way to solve for this, that we're not prevented by is important because we hear it all the time on our local main streets about the need to really keep these giant chains out and help our local businesses thrive. As councilman here said, and I think it's really important to underscore the fact that so many small businesses have gone under in the pandemic and that it's sort of tilted the playing field even more towards folks with deep capital holdings. And those are the chains. And so I just you know, it's it's an issue that I know that councilman he and I both feel strongly about and definitely thinking through ways to block formula retail. Something has come up in my district and, you know, acknowledging those legal hurdles that the council has encountered before. Definitely. I look forward to trying to think through what we could do on this because it you know, none of us want a Boston where we blink in ten years and more and more of our main streets have been taken over by chains to the detriment of our local owners. So thank you. Thank you, Mr. President, please. That my name. Is that council box name. The chair recognizes council rating because of rating of the floor. Thank you, Mr. President. And thank you to the consumer here for proposing this zoning amendment. I believe our city needs to conduct a thorough review of our outdated zoning code, in particular. Allston. Brighton has never had a comprehensive master plan and we're pushing for a community needs assessment to guide zoning reform. Outdated zoning has resulted in a case by case approvals of commercial businesses in areas zoned for residential use. And I'm particularly interested in the proposed amendments impact on food access and neighborhoods experiencing food apartheid, formerly referred to as food deserts. While we would like to see like two prioritized non non chain grocery establishments that focuses on groceries, grocery stores may be the only option able to afford increasing commercial rents and in neighborhoods deprived of access to grocery stores. It is a balancing act between supporting the sustainability of our small, culturally diverse food retailers and recognizing areas of critical need for larger regional retailers. Might be able to slow food access gaps further as we anticipate increased development and population growth. We have to take into consideration whether the city is adequately planning for all essential services that people need. I'm interested in further exploring this proposal's impact on current uses and and how best to classify grocery stores and other such food retailers under the city's zoning code and hearing and hearing input from city agencies like the Office of Food Access. I thank you. I really welcome the opportunity to dove deeper into this issue, and I look forward to hearing I look forward to the hearing on this proposal. Thank you. Thank you. Thank you. Council Brighton with every other council vote to speak on this matter and or an addendum. To. Please that council. We're all pleased that Councilor Fernandez Anderson. Please. The chair. I see Counselor Louis vision, and I also see Counselor Arroyo just making sure you see those. Yeah. Thank you. Please. That console royal, please. That console illusion. Lorraine. Console brain. Thank you. DAWKINS 020247 will be referred to the Committee on Planning, Development, Transportation. Mr. Clerk, please read Code 0248.