Grounds for 45 Jefferson (2) STATEMENT OF GROUNDS FOR APPROVALS
FOR 45 JEFFERSON AVENUE SALEM
This Petition seeks approvals necessary for the Petitioner, Bud Runners LLC to operate as
a licensed Marijuana Delivery Operator ("MDO"), also referred to under state regulations as a
"Delivery Only License", in a vacant portion of an existing warehouse at 45 Jefferson Avenue.
This property is in Salem's Industrial Zoning District.
As a Licensed MDO, Petitioner's business is limited to the purchase of marijuana
products from Licensed Cultivators and Marijuana Product Manufacturers and to sell and deliver
to consumers. It may also securely store on their premises marijuana and marijuana products
that have been purchased wholesale for eventual sale to consumers. Under this License, there
cannot be any on-site retail sales to consumers. For this reason, the ZBA Plan filed provides only
the four (4) required employee parking spaces, and no retail customer parking on the site.
Delivery vehicles will access the interior space through the garage door and will park at night
inside the building for security purposes.
The City of Salem has previously opted in under state law to allow residential delivery of
marijuana products.
All MDO Licenses, as sought by the Petitioner, are presently limited on an exclusive basis
to businesses controlled by and with majority ownership comprised of Certified Economic
Empowerment Priority Applicants or Social Equity Program Participants. The petitioners are
presently seeking such approval from the Mass. Cannabis Control Commission.
Grounds for Special Permit for Marijuana Establishment:
Section 3.1.4 of the Zoning Ordinance requires a Special permit to operate any
Marijuana Establishment in the Industrial Zone. Sections 6.10.4—6.10.8 of the Ordinance
enumerate requirements for Marijuana Establishments, which the Petitioner meest, as follow:
1. A Security Plan has been submitted for review by the City of Salem Police
Department.
2. Operations and Management and Emergency Response Plans have or will be
submitted to the Building Inspector, the Fire Department and the City Department of
Community Development and Planning as required.
3. Whereas the establishment will be in a building with other uses, the Petitioner's
establishment will be separated by full walls from the other users.
4. To the best of Petitioner's knowledge, the establishment will not be located within
the prohibited distances from any pre-existing public or private school providing
education from kindergarten through grade 12, any house of worship or funeral
home, or any institution of higher learning.
5. If there are any churches, libraries, institutions of higher education, licensed
daycares, nursery schools or playgrounds within 500 feet of the proposed location,
proof will be submitted of written notice of the application and hearing date have
been provided to allow them to comment at the Board of Appeals.
6. The establishment will meet the meet the minimum standards imposed on
marijuana establishments for storage under CCC Regulations.
7. Because there will be no manufacturing, cultivation or production of marijuana
products on site, no odors which are noxious, or public nuisance shall be caused by
the establishment's use as a warehouse for distribution of products to consumers.\
8. The establishment shall be managed during its hours of operation by the licensee or
his assign on the premises, who has provided emergency contact information to the
City of Salem Police Department.
9. All waste disposal shall at a minimum meet the requirements on registered
marijuana dispensaries.
Standard Grounds for Special Permit under Ordinance Sec. 9.4:
The approval of this petition and use thereunder will not be substantially more
detrimental to the neighborhood than the existing use as a vacant space in a commercial
warehouse in the Industrial Zoning District because:
1. This space is in the rear of a large commercial/Industrial warehouse structure in the
Industrial District, and not located near any residential district or use; all
improvements will be inside the structure, and the use as a marijuana establishment
is allowed by Special Permit and is consistent with the public policy and economic
needs of the community.
2. There is legally adequate off-street provided for establishment employees, and
because no direct sale to customers will occur at the premises, there will be no
significant increase in traffic in and out of the property.
3. All necessary municipal utilities already serve the premises.
4. Because this is interior work only to the interior of a commercial warehouse space,
there will be no significant impact upon the natural environment, and no increase in
surface water drainage.
5. Because the proposed work is only on the interior of the structure, there will be no
material impact upon the neighborhood's character.
6. The construction work and employment of employees to operate this facility will add
employment opportunities in Salem, and will increase the assessed value of the
premises, adding additional real estate tax revenues to the City of Salem.
Grounds for Variance to Allow Parking Aisle under 24' Wide:
Under the parking design standards in Section 5.1.5 (4)the minimum width of aisles
providing access to parking stalls for 2-way traffic is 24 feet, where at its narrowest point, the
aisle shown on petitioner's ZBA Plan is 18', for which the petitioner seeks variance approval. The
petitioner will use SUVs and vans to for deliveries to and from the site.
The long, narrow shape of the lot, together with the location of the existing structures,
which have existed as they are since about 1950 according to the Tax Assessor's records, are
circumstances that create a physical and economic hardship by restricting more economic use
of the Petitioner's portion of the existing structure. The location of aisle, together with the facts
that there will still be 18 feet for vehicles to pass, and a clear line of sight in both directions, are
reasons that the variance may be granted without substantially derogating from the intend and
purpose of the Zoning Ordinance.