2024 Ledger Outdoor DiningDecision
Extension of Premises for Outdoor Dining - EPOD-24-3
Address of Project: 125 WASHINGTON STREET
Meeting Date: February 14, 2024
Members Present: Dean Rubin, Chris Dunn, Cynthia Nina-Soto
Members Absent: Grace Napolitano, Christine Madore
Decision: To approve the outdoor dining area as presented and conditioned herein.
Referenced Plans and Documents:
-
1. Application submitted by Ledger on January 31, 2024.
2. A series of photographs depicting the space and furniture.
3. Specification sheet for the Gatzke 7'-5" market umbrella in red.
4. Site Plan depicting table layout.
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.
-
1. The applicant shall ensure that the bottom, stabilizing section of the posts that provide the border to the outdoor dining area shall be painted
black to match the posts and other structural elements.
2. The applicant shall add the bottom rails to the lattice border to create a finished visual for the fencing.
3. The applicant shall consider the creation of an access aisle within the dining area to ensure that there is sufficient navigable space through and
around the outdoor dining area.
Findings:
- The Authority found that the proposed outdoor dining area is consistent with the design guidelines in the Downtown Renewal Plan and with the City
of Salem Outdoor Dining Policy.
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-24-3
Address of Project: 125 WASHINGTON STREET
Meeting Date: February 28, 2024
Members Present: Paul Durand, Marc Perras, David Jaquith, Leeann Leftwich, Catherine Miller, Elizabeth
Murray, Sarah Tarbet
Members Absent: None
Decision: To recommend approval of the outdoor dining area as presented and conditioned
herein.
Referenced Plans and Documents:
-
1. Application submitted by Ledger on January 31, 2024.
2. A series of photographs depicting the space and furniture.
3. Specification sheet for the Gatzke 7'-5" market umbrella in red.
4. Site Plan depicting table layout.
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.
-
1. The applicant shall ensure that the bottom, stabilizing section of the posts that provide the border to the
outdoor dining area shall be painted black to match the posts and other structural elements.
2. The applicant shall add the bottom rails to the lattice border to create a finished visual for the fencing.
3. The applicant shall consider the creation of an access aisle within the dining area to ensure that there is
sufficient navigable space through and around the outdoor dining area.
Findings:
- The Board found that the proposed outdoor dining area is consistent with the design guidelines in the Downtown
Renewal Plan and with the City of Salem Outdoor Dining Policy.
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 1/31/2024
EPOD-24-3
Extension of Premises For
Outdoor Dining
Status: Active
Submitted On: 1/31/2024
Primary Location
125 WASHINGTON STREET
SALEM, MA 01970
Owner
125 WASHINGTON STREET
RE, LLC
7 RANTOUL STREET SUITE
100B BEVERLY, MA 01915
Applicant
Daniel Gursha
978-594-1908
daniel@ledgersalem.com
125 Washington Street
Salem, Massachusetts
01970
Additional Applicant Information
Type of Applicant*
Business Owner
Name of Property Owner*
Matthew O'Neil
Business Information
Business/Establishment Name*
Ledger
Business/Establishment Street Address*
125 Washington St
Business/Establishment Phone Number*
9785941908
Business/Establishment Email Address
ledgersalem@gmail.com
24 hour Contact Phone Number*
9785941908
Business Hours of Operation*
WED-THUR 4pm-9pm, FRI-SAT 4pm-
10pm, Sun 10am-8:30pm
Permitted Occupancy*
220
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*
04/01/2024
Description of Outdoor Premises: *
Ledger will be using existing patio tables and existing chairs for the “upper patio”. The
front entrance of the restaurant with access to the restroom and existing patio are
already ADA compliant without any adjustments.
For the “new sidewalk/deck patio” in the parking spots/sidewalk, this would include
the newly built wooden deck by the city (see the proposal specs from City), with
chairs and ADA compliant tables. There is wheelchair access to the restaurant to the
left of the front entrance and the new deck patio will be level to the existing sidewalk
for wheelchair access to that seating area. This extension increases our patio by 1520
square feet (80' by 19').
Ledger currently uses moveable barriers and planter boxes that are 36 inches over in
height that can be used to help block off the “upper patio” and the deck patio from the
new sidewalk. The layout takes in consideration ADA compliant space from table to
table including guests in chairs with generous amount of space between rows for ease
of walking to restroom and space for staff to serve our guests.
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?*
Both public and private property
How many total square feet is your outdoor dining
area?*
1520
Is the proposed dining area immediately adjacent to
the business, or is it across a sidewalk?*
Across a sidewalk
Square ft. of outdoor dining space occupying public
sidewalk*
1520
Would you like to use public parking spaces for your
outdoor dining area?*
No
Will you require the installation of jersey barriers
around the dining area?
No
Number of barriers needed*
0
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?*
15
How Many Chairs Will be Outdoors?*
70
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
String lights, moveable barriers, menu sign and existing planter boxes.
Umbrella stands will be fixed with tables and tighten down. Umbrellas will be brought
inside during storms or days we are closed. Barriers will be screwed to deck patio to
ensure they stand the entire patio season.
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.
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*
Kelsey Tenore
Jan 25, 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*
Kelsey Tenore
Jan 25, 2024
RIGHT SIDE EXISTING PATIO
NEW SIDEWALK 8’
BIKE LANE/ROAD
LEFT SIDE EXISTING PATIO
(HANDICAP ENTRANCE/SEATING)
32 Seats UPPER Patio
8’6”
wide
PDR
DOORS
8’
wide
PARKING
SPACE
22’X9’
PARKING
SPACE
22’X9’
PARKING
SPACE
22’X9’
PARKING
SPACE
22’X9’
70 Seats NEW DECK Patio
Includes 15 new tables on deck/brick
FRONT
ENTRANCE
TO
RESTAURANT
Green long rectangles 8’ long by 4’ high dividers
Small rectangle 3’ long planter box ENTRANCE
HANDICAP ENTRANCE
80’
27’
Ledger Restaurant
125 Washington St.
Salem,MA 01970
(978)594-1908
January 25th,2024
To Whom it May Concern,
Ledger will be using existing patio tables and existing chairs for the “upper patio”.The chairs are
black metal chairs that have a 2”long front to back seat,that is 1’7”off the ground with 2’2”
width with armrests.The tables are wooden with black bases with the measurements of 2’6”
long,2’wide and 2’6”height from floor to base.They are ADA compliant.The front entrance of
the restaurant with access to the restroom and existing patio are already ADA compliant without
any adjustments as well.
For the “new sidewalk/deck patio”in the parking spots/sidewalk,this would include the newly
built wooden deck by the city (see the proposal specs from City),different chairs and ADA
compliant tables.The tables are spaces at least 27 inches high,30 inches wide,and 19 inches
deep.The folding chairs are black that have a 2”long front to back seat,that is 1’7”off the
ground with 2’2”width seat.There is wheelchair access to the restaurant to the left of the front
entrance and the new deck patio will be level to the existing sidewalk for wheelchair access to
that seating area.
Ledger currently uses moveable barriers and planter boxes that are 36 inches over in height
that can be used to help block off the “upper patio”and the deck patio from the new sidewalk.
The layout takes in consideration ADA compliant space from table to table including guests in
chairs with generous amount of space between rows for ease of walking to restroom and space
for staff to serve our guests.
We greatly appreciate your consideration for our full patio proposal of the parking
spaces/original sidewalk in addition to the existing upper patio space.We hope to use our
expanded patio to help serve our community once again.
Thanks and please let me know if you have any questions,
Sincerely,
Kelsey Tenore
General Manager
(978)594-1908
kelsey@ledgersalem.com