Boston Burger Company Outdoor Dining-2024Decision
Extension of Premises for Outdoor Dining - EPOD-24-16
Address of Project: 133 WASHINGTON STREET
Meeting Date: April 10, 2024
Members Present: Grace Napolitano, Christopher Dunn, Christine Madore, Dean Rubin
Members Absent: Cynthia Nina-Soto
Decision: To approve the project as recommended and conditioned by the Design Review Board.
Referenced Plans and Documents:
- Application package submitted by Sebastian Fricia and Darky Perez on April 2, 2024.
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 shall install the taller, waist height planter boxes with plantings.
The applicant shall maintain a clear and safe walkway directly adjacent to the rear entrance to the restaurant; all storage containers shall be removed
from this area.
Findings:
- The Authority found that the project as conditioned herein is consistent with the design guidelines and standards in the Downtown Renewal Plan
and the City's 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: May 9, 2024
Design Review Board Recommendation
Extension of Premises of Outdoor Dining - EPOD-24-16
Address of Project: 133 WASHINGTON STREET
Meeting Date: April 24, 2024
Members Present: Paul Durand, David Jaquith, Leeann Leftwich, Catherine Miller, Elizabeth Murray
Members Absent: Marc Perras, Sarah Tarbet
Decision: To approve the project as presented and conditioned herein.
Referenced Plans and Documents:
- Application package submitted by Sebastian Fricia and Darky Perez on April 2, 2024.
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 shall install the taller, waist height planter boxes with plantings.
The applicant shall maintain a clear and safe walkway directly adjacent to the rear entrance to the restaurant; all
storage containers shall be removed from this area.
Findings:
- The Board found that the project is consistent with the design guidelines and standards in the Downtown
Renewal Plan and the City's 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: May 9, 2024
City of Salem, MA 4/2/2024
EPOD-24-16
Extension of Premises For
Outdoor Dining
Status: Active
Submitted On: 4/2/2024
Primary Location
133 WASHINGTON STREET
SALEM, MA 01970
Owner
TALK REALTY
TRUST;TIERNEY JOHN &
LUCAS HENRY TRS
133 WASHINGTON STREET
SALEM, MA 01970
Applicant
Sebastian Fricia
781-856-5368
sebbyfrank@gmail.com
1105 Massachusetts Ave
Cambridge,
Massachusetts 02138
Additional Applicant Information
Type of Applicant*
Business Owner
Name of Property Owner*
TALK REALTY TRUST;TIERNEY JOHN &
LUCAS HENRY TRS
Business Information
Business/Establishment Name*
Boston Burger Company
Business/Establishment Street Address*
133 Washington St
Business/Establishment Phone Number*
978-414-5910
Business/Establishment Email Address
bbcsalem@bostonburgercompany.com
24 hour Contact Phone Number*
7813539277
Business Hours of Operation*
10AM-10PM
Permitted Occupancy*
99
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: *
Outdoor dining patio
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?*
300
Is the proposed dining area immediately adjacent to
the business, or is it across a sidewalk?*
Adjacent to the business
Square ft. of outdoor dining space occupying public
sidewalk*
0
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?*
No
How Many Tables Will be Outdoors?*
9
How Many Chairs Will be Outdoors?*
34
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?*
Dining tables
chairs
umbrellas
umbrella stands
outdoor heaters
How will all of the outdoor furniture be secured and/or stored when the business is not open?*
Secured behind chained fencing
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.
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*
Darky Perez
Mar 14, 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*
Darky Perez
Mar 14, 2024