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All Souls Outdoor Dining-2024Decision Extension of Premises for Outdoor Dining - EPOD-24-9 Address of Project: 278 282 DERBY STREET Meeting Date: March 13, 2024 Members Present: Grace Napolitano, Christopher Dunn, Christine Madore Members Absent: Cynthia Nina-Soto, Dean Rubin Decision: To approve the project as presented and conditioned herein. Referenced Plans and Documents: - Application package submitted by Jennifer Tran on 2/28/24. Conditions of Approval: - Validity of Approval: This approval is valid for two years from the date of the meeting. The approval shall no longer be valid if a substantial use and/or construction has not commenced except for good cause within this two-year period. - Consistency with Approved Design/Plans: Should the applicant determine that the project may not be completed as presented and conditioned herein, he/she/they shall return to the SRA to review proposed modifications prior to making any changes in the field. - The applicant and/or public safety shall install reflective tape/paint on the edge of the jersey barrier facing oncoming vehicular traffic. Findings: - The Authority found that the project as proposed is consistent with the design guidelines and standards in the City's Outdoor Dining Policy and the Downtown Renewal Plan. Signature of the SRA: By the signature below, I certify that this recommendation accurately reflects the actions of the Salem Redevelopment Authority Board. Tom Daniel, AICP, Executive Director Date Signed: April 22, 2024 Design Review Board Recommendation Extension of Premises of Outdoor Dining - EPOD-24-9 Address of Project: 278 282 DERBY STREET Meeting Date: March 27, 2024 Members Present: Paul Durand, David Jaquith, Leeann Leftwich, Catherine Miller, Elizabeth Murray, Marc Perras, Sarah Tarbet Members Absent: None Decision: DRB recommends approval of the project as presented and conditioned herein. Referenced Plans and Documents: - Application package submitted by Jennifer Tran on 2/28/24. Conditions of Approval: - Consistency with Approved Design/Plans: Should the applicant determine that the project may not be completed as presented and conditioned herein, he/she/they shall return to the DRB to review proposed modifications prior to making any changes in the field. - The applicant and/or public safety shall install reflective tape/paint on the edge of the jersey barrier facing oncoming vehicular traffic. Findings: - The Board found that the project as proposed is consistent with the design guidelines and standards in the City's Outdoor Dining Policy and the Downtown Renewal Plan. Signature of the DRB: By the signature below, I certify that this recommendation accurately reflects the actions of the Design Review Board. Paul Durand, Chair Date Signed: April 11, 2024 City of Salem, MA 2/29/2024 EPOD-24-9 Extension of Premises For Outdoor Dining Status: Active Submitted On: 2/28/2024 Primary Location 278 282 DERBY STREET SALEM, MA 01970 Owner WW 282 DERBY STREET LLC;C/O HUNNEMAN 303 CONGRESS STREET BOSTON, MA 02210 Applicant JENNIFER TRAN 978-395-1517 hello@allsoulssalem.com 65 APPLETON ST Salem, MA 01970 Additional Applicant Information Type of Applicant* Business Owner Name of Property Owner* Jennifer Tran Business Information Business/Establishment Name* All Souls LLC Business/Establishment Street Address* 282 Derby St. Business/Establishment Phone Number* 9783067906 Business/Establishment Email Address 24 hour Contact Phone Number* 9783951517 Business Hours of Operation* 11:30a - 1:00a Permitted Occupancy* 53 Are you increasing your permitted occupancy through additional outdoor seating?* No If you are not submitting an architect’s code review certification to increase the number of seats, then you must limit your customer seating, indoor and outdoor, to the total number allowed on your current license. This means that if you have an occupancy of 100 and you have 75 seats inside and 50 seats outside, you cannot seat 125 people as it is limited to a total of 100. Please note: Although state law requires 5% accessible seating, the City requires that extended outdoor dining license holders must provide at least 25% of all tables and chairs must be handicap accessible, 10% of which should offer chairs with a back. Proposed Project Information Expected date of implementation* 05/04/2024 Description of Outdoor Premises: * Intent to expand onto parking lot Intent to expand onto sidewalk Intent to expand on public street Is the dining area on public or private property?* Public property How many total square feet is your outdoor dining area?* 320 Is the proposed dining area immediately adjacent to the business, or is it across a sidewalk?* Adjacent to the business Outdoor premises will be built across 2 parking spaces directly adjacent to our entrance. An elevated platform/wooden deck will be installed to meet the height of the curb to allow an accessible route from the sidewalk to the tables. There will be 5 tables and 20 seats outside. We are requesting that the city provide jersey barriers for the perimeter of our dining area. Would you like to use public parking spaces for your outdoor dining area?* Yes How many parking spaces are you requesting?* 2 Square ft. of outdoor dining space occupying public parking space(s)* 320 Will you require the installation of jersey barriers around the dining area? Yes Number of barriers needed* 6 Will dogs (other than service dogs) be allowed in the outdoor dining area?* Yes You will need to apply for a permit with the Board of Health to allow dogs in the proposed outdoor dining area. The application can be found here: Variance for Dogs in Outdoor Dining Areas How Many Tables Will be Outdoors?* 5 How Many Chairs Will be Outdoors?* 20 Will you be using umbrellas?* Yes, we intend to put up Umbrellas Please note that the umbrellas may not have any logos or signage on them unless approved by the City. The minimum height of umbrellas must be 7’ as measured from the base to the lowest point of the umbrella as it is open. The umbrella must not hang over the clearance aisles within the outdoor dining area or adjacent public ways. What other outdoor furniture will be in the outdoor dining area?* How will all of the outdoor furniture be secured and/or stored when the business is not open?* Check the box if you are you seeking permission to install a tent. If you would like to install a tent, you must fill out a Tent Permit Application here: Tent Permit Application Will you be serving alcohol in the outdoor dining area?* Yes, We Intend to Serve Alcohol in the Extended Dining Area You will need to file additional documents with the Salem Licensing Board and potentially with the state’s Alcoholic Beverages Control Commission (ABCC). Amending Your Alcoholic Beverage Retail License Please contact the Salem Licensing Department at 978-745-9595 x41504. Please make sure to contact Melissa Mojica in the Licensing Department (send Melissa an email) regarding the process to extend your premises to allow the sale and consumption of alcohol in the outdoor dining area. String lights, plants/flowers, server station for cleaning supplies and menus, etc. All items will be stacked and secured using a cable and lock. Extension of Dining onto Sidewalk Requirements for Accessibility Dining must be accessible and meet ADA and Massachusetts Architectural Access Board’s regulations. Found here 521 CMR 17.00: RESTAURANTS Seating At least 5% but not less than one, of the tables shall be accessible, be on an accessible route, and in compliance with the following: 17.2.2 A 36-inch (36" = 914mm) access aisle shall be provided between all accessible tables. No seating shall overlap the access aisle. See Fig. 17a. 17.2.3 Clear floor space as defined in 521 CMR 5.00: DEFINITIONS shall be provided at each seating space. Such clear floor space shall not overlap knee space by more than 19 inches (19" = 483mm). See Fig. 17a. 17.2.4 Knee Clearances: If seating for people in wheelchairs is provided at tables or counters, knee spaces at least 27 inches (27" = 686mm) high, 30 inches (30" = 762mm) wide, and 19 inches (19" = 483mm) deep shall be provided. See Fig. 17b. 17.2.5 Height of Tables or Counters: The tops of accessible tables and counters shall be from 28 inches to 34 inches (28" to 34" = 711mm to 864mm) above the finish floor or ground. See Fig 17b. Acceptable Barriers Barriers placed around the perimeter of the outdoor dining area must meet the following requirements: Height: Between 36” – 38” in height Not Permanent: Free-standing, stable, and easily removed Continuous Rail: They must have a continuous rail 2” to 6” from the sidewalk or parking space surface Base: The base of the barrier must be flat, with less than ½” thickness and placed so that it extends less than 6” into the areas around the outdoor dining area Rights of the City of Salem The City of Salem reserves the right to revoke its permission to allow the use of the parking lot for outdoor dining for the following reasons: 1. The operation of the outdoor dining area is not in compliance with submitted safety protocols; 2. The outdoor dining area is not facilitating safe passage in accordance with Americans with Disability Act requirements. 3. The Health Agent, Chief of Police, and/or their designees determine that the operation of the outdoor dining area is negatively impacting public health and safety. Responsibilities of the Restaurant The restaurant, through its owner and/or manager, is responsible for the following as it pertains to the use of the parking lot for outdoor dining: Adherence to the plans and documents submitted, reviewed, and approved; Procurement and installation of temporary barriers to separate the licensed premises from the public way; and Provide evidence of liability insurance to the City covering the new dining space. Outdoor Dining Area Accessibility The City of Salem strives to proactively address and dismantle systemic barriers that perpetuate inequity in society. The City will only permit the development of outdoor dining areas that are accessible to all individuals of all abilities. Dining must be accessible and meet ADA and Massachusetts Architectural Access Board’s regulations (here) and is consistent with the Massachusetts Outdoor Dining/Seating Fact Sheet (here). By signing below, I certify that I have read, understand, and will comply with the ADA and the Massachusetts Architectural Board’s regulations and requirements as they pertain to my outdoor dining area. Signature* Jennifer Tran Feb 26, 2024 Outdoor Dining Affidavit The City of Salem encourages the development of outdoor dining areas to enhance the visitor and shopper experience in Salem and to assist in improving the economic viability of its businesses. This permit process is designed to ensure that Salem’s unique architectural and cultural features are protected as outdoor dining areas develop and to provide a consistent set of conditions. As such, the City shall allow outdoor dining subject to the following conditions: . All tables and chairs, as well as the surrounding area, must be maintained in a clean and safe manner. . Restaurants must provide the City, proof of liability insurance which covers the outside seating areas. . Restaurants must receive approval for outdoor tables from the Salem Licensing Board, the Board of Health, and if in the Downtown Renewal Area, the Salem Redevelopment Authority. . The design of all outdoor tables and chairs, and trash receptacles, must be reviewed by the Design Review Board, the Salem Redevelopment Authority, and the Commission on Disabilities. . Seating areas must be of a size large enough to accommodate safe, easy and uninterrupted pedestrian travel, as well as access to and from tables. Since the size of tables and seating areas may vary, the City reserves the right to determine whether or not adequate space exists for the creation of an outdoor dining area. . All tables and chairs must be safely secured in a vandal proof manner or must be brought inside every night. . All licensing agreements issued for outdoor dining shall be reviewed and assessed fees annually. . Outdoor dining permits may be revoked by the City for non-compliance with the provisions of this policy, at any time. . Dining must be accessible and meet ADA and Massachusetts Architectural Access Board’s regulations (here) and is consistent with the Massachusetts Outdoor Dining/Seating Fact Sheet (here). By signing below, I certify that I have read and understand the provisions listed above and I agree to comply with all the requirements of this permit and any approved plans which are mandated by the City. Signature* Jennifer Tran Feb 26, 2024 Features •Simple seating solution for patios and outdoor dining areas •Durable, powder coated steel construction •Mesh tabletop allows for easy cleaning •Leg design adds a modern touch to your dining area •Incorporated umbrella hole makes it easy to shade your customers from the sun Certications Lancaster Table & Seating HarborGray 30" Square Outdoor StandardHeight Table with Modern Legs #427CMSM3030G Technical Data Length 30 Inches Width 30 Inches Height 29 3/4 Inches Height Style Standard Height Umbrella Hole Diameter 2 Inches Assembled Assembly Required Color Gray Features Umbrella Hole Finish Powder-Coated Frame Material Steel Seating Capacity: 2 - 4 427CMSM3030GItem #:Qty: Project: Approval:Date: © 2024 Lancaster Table & Seating Technical Data Installation Type Freestanding Shape Square Table Seating Capacity 2 - 4 Chairs Tabletop Material Mesh Steel Type Tables Usage Outdoor Notes & Details Add functionality and pizzazz to your patio or other outdoor seating area with this Lancaster Table & Seating Harbor gray 30" square outdoor standard height table with modern legs. This table is constructed of durable stainless steel with a gray powder-coated nish that makes it resistant to inclement weather conditions, so you can keep it outdoors year-round without worry. The mesh tabletop design allows liquid to slip through so that it doesn't make a mess, giving it useful protection against spills and rain. The stylish leg design of this table allows it to stand proudly in your establishment while adding a modern touch to your outdoor dining area. Plus, the lightweight design allows you to easily move the table wherever it's needed most! The tabletop features a 2" umbrella hole, so you can attach an umbrella (sold separately) to enhance your venue's style and keep your guests comfortable on sunny days. Designed specically for outdoor use, this table makes an excellent addition to restaurants, bar patios, and other outdoor entertainment areas such as banquets and luaus. To save you money on shipping costs, this table ships unassembled! WARNING: This product can expose you to chemicals including lead, which are known to the State of California to cause cancer, birth defects, or other reproductive harm. For more information, go to www.p65warnings.ca.gov. © 2024 Lancaster Table & Seating