75 CANAL STREET - ZBA (2) �l S C o.�n c�\ S�ree�c-
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� Zoning Board Proiect Status Sheet
Address & Applicant:
'7 c�xv) a
Date Submitted to BOA:
Clerk Stamp:
i7ariances Only - Constructive Approval Date: (100 days from filing)
Abutters List Requested:
d Abutters Notice Sent:
Notice to Abutting Cities & Towns, Councillors:
u( Legal Notice posted at City Hall: (14 days before meeting)
I✓ Legal Notice Emailed & Confirmed:
Legal Notice Posted on Web:
d Agenda to Applicant:
Applicant's email address or fax number to send agenda:
Opened at Meeting: ---
Continued Meetings:
Closed at Meeting:
Extension Form(s) Signed & Clerk Stamped?
-711
Decision:
Decision Filed: 13 Appeal Period Over:
after decision filed) (27"dal,
❑ Decision Sent to Applicant:
❑ Notice of Decision Sent to abutters, c and towns,
councillors:
ZBA ACTION FORM
Y t .,QRS'• . ,. , i3TI0I±i ,DECOJ*lD, VQT
Date: Rebecca Curran (Chair)
Mike Duffy
Petitioner: Tom Watkins
Peter Co elas
Address: Jimm Tsitsinos
Jim Hacker(Alt.
Paul Viccica(Alt.
Conditions:
Total:
❑Petitioner shall comply with all city and state statutes, ordinances, codes and regulations.
❑All construction shall be done as per the plans and dimensions submitted to and approved by the Building
Commissioner.
❑All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to.
❑Petitioner shall obtain a building permit prior to beginning any construction.
❑Exterior finishes of the new construction shall be in harmony with the existing structure.
❑A Certificate of Occupancy is to be obtained.
❑A Certificate of Inspection is to be obtained.
❑Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said
number so as to be visible from the street.
❑Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not
limited to,the Planning Board.
❑Unless this Decision expressly provides otherwise, any zoning relief granted does not empower or
authorize the Petitioner to demolish or reconstruct the structure(s)located on the subject property to an
extent of more than fifty percent(50%)of its floor area or more than fifty percent(50%)of its replacement
cost at the time of destruction.If the structure is demolished by any means to an extent of more than fifty
percent(501/o)of its replacement cost or more than fifty percent (50%)of its floor area at the time of
destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance.
i
..c,00
CITY OF SALEM MASSACHUSETTS
a a�' BOARD OF APPEAL
105 -AUG 31 A 81 21
120 WASHINGTON STREET* SALEM,MASSACHUSETTS 01970
KIMBERLEYDRIscoLL TELE:978-745-9595 ♦ FAx:978-740-9846 VILE,A
MAYOR CITY C—L- SAL1 M.11AS ,
August 31, 2016
Amended Decision
City of Salem Board of Appeals
Petition of IAN HUNTER, requesting an amendment to the approved Special Permit in accordance
with Sec. 3.0 Table ofPrincipal and Accessory Use Regulations of the Salem Zoning Ordinance, in
order to expand the hours of operation for public days to 12pm to Bpm seven (7) days a week to
accommodate private functions and additional public retail hours at select times of the year at 75
CANAL STREET (Map 33 Lot 201) (134 Zoning District).
A public hearing on the above Petition was opened on August 17, 2016 pursuant to M.G.L Ch. 40A, 5 11.
The hearing was closed on that date with the following Salem Board of Appeals members present: Peter A.
Copelas (Vice- Chair),Tom Watkins,Jimmy Tsitsmos, and Paul Viccica (alternate).
The Petitioner seeks and amendment to a previously approved Special Permit in accordance with Sec. 3.0
Table of Principal and Accessory Use Regulations of the Salem Zoning Ordinance, in order to expand the hours of
operation.
Statements of fact:
1. In the petition date-stamped July 26, 2016, the Petitioner requested to expand the hours of operation
for public days to 12pm to 8pm seven (7) days a week to accommodate private functions and
additional public retail hours at select times of the year.
. 2. The Zoning Board of Appeals approved a special permit date stamped on October 29, 2014. All
conditions of the October 29, 2014 special permit apply unless otherwise specified in this amended
decision.
3. Since opening on October 20, 2015, the business Deacon Guiles, has declined to hold private
functions at the facility,including birthday parties,rehearsal dinners, and corporate meetings.
4. Additionally, the business has received a number of requests for tours of the facility particularly on
Federal and State holidays.
5. The current hours of public operation, as limited by the October 29, 2014 decision. The current
permitted of hours of public operation are Friday and Saturday from 12pm -5pm OR 1pm to bpm
with the possibility of expanding hours dependent upon Board of Appeals approval.
6. The petitioner stated that Deacon Guiles will be applying to the Licensing Board for a pouring
license.
7. The Board stated that the nature of the business use will change with the addition of a pouring
license, if granted. Therefore, the Board requested that the petitioner reduce the request to expand the
proposed hours of operation from 12pm-8pm seven (7) days a week to Thursday through Sunday
12pm (noon) to 8pm, federal and state holidays, and private events as scheduled until 8pm.
8. The Board also requested that the expansion of the hours of operation shall be for a six (6) month
trial period and automatically extended if there are no complaints filed with the Building Inspector.
City of Salem Board of Appeals This notice posted on "Official Bulletin Board"
August 31,2016 City Hall, Salem, Mass. on g„5\)51' 3l i J-oi Le
Project: 75 Canal Street at �' a}#+A. in accordance with MGL Chap. 30A,
Page 2 of 3 Sections 18-25.
9. The Board supports business expansion while also recognizing that the change in hours may have an
impact on the residential neighborhood.
10. Special Condition #1 of the October 29, 2014 special permit shall be replaced with the following
condition: "Hours of operation for the public to visit the distillery and tasting room shall be Thursday
through Sunday 12pm (noon) to 8pm, federal and state holidays, and private events as scheduled until
8pm. This expansion of hours of operation shall be for a six (6) month trial period and automatically
extended after six (6) months if there are no complaints filed with the Building Inspector.
1. Special Condition #6 of the October 29, 2014 special permit shall be replaced with the following
condition: "All retail sales at 75 Canal Street will be limited to the public hours. No retail sales from
this location may take place outside of approved public hours of operation.
11. At the public hearing, one (1) member of the public spoke in favor and no (0) members of the public
spoke in opposition to the amended decision.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (4) in
favor (Peter A. Copelas (Vice-Chair), Tom Watkins, Jimmy Tsitsinos, Paul Viccica (alternate)) and none
opposed to approve the requested amendment to allow the addition of a tasting room to an existing brewery,
distillery,winery subject to the following terms, conditions and safeguards:
Standard Conditions:
1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations.
2. All construction shall be done as per the plans and dimensions submitted to and approved by the
Building Commissioner.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly
adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing structure.
6. A Certificate of Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,
but not limited to, the Planning Board.
Special Conditions:
1. "Hours of operation for the public to visit the distillery and tasting room shall be Thursday through
Sunday 12pm (noon) to 8pm, federal and state holidays, and private events as scheduled until 8pm.
This expansion of hours of operation shall be for a six (6) month trial period and automatically
extended after six (6) months if there are no complaints filed with the Building Inspector.
2. Deliveries to the facility will be made during regular business hours of operation Monday through
Friday from 8am-4pm and deliveries will be made on Canal Street only. The applicant will not have
deliveries during regular drop-off and pick-up times of the daycare facility located within 75 Canal
Street.
City of Salem Board of Appeals
August 31,2016
Project: 75 Canal Street
Page 3 of 3
3. The Petitioner will conduct research on ongoing City plans for Canal Street improvements to
understand whether there is a planned or existing cross-walk from in the vicinity to Canal Street and
Gardner Street and request the possibility of a cross-walk be added at this location if there is not one
proposed already.
4. The Petitioner will obtain all State and Federal permits including, but not limited to, the
Commonwealth of Massachusetts issued Farmer Series License.
5. All retail sales at 75 Canal Street will be limited to the public hours. No retail sales from this location
may take place outside of approved public hours of operation.
Rebecca Curran, Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this derision, if any, shall be made pursuant to Section 17 of the Massachusetts General Lows Chapter 40A, and shall be filed within 20
days of filing of this derision in the office of the City Clerk. Pursuant to the Massachusetts General Lows Chapter 40A, Section 11, the Variance or
Special Permitgranted benin shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filedwith the Essex South
Registry of Deedr.
CTI'y OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORM
CTTY OF SALFAL,MASSACHUSETTS
BOARD OF APPEALS
120 WA�� GG ONSTREETTTSs01FLOOR 2616 JUL 26 A 11: 33
Y�rThomas St Pierre,Director of Inspectional Serviceg 1 il �r
Phone:978-619-5641 /Farr 978-740-9846 Y i `` , j•i+ S.
KB&ERLEYD1nsWLL Erin Schaeffer,Staff Planner
MAYOR Phone:978-619-5685/Fan:978-740-0404 ,
TO THE BOARD OF APPEALS: E C I�V R„ D
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at:
JUL 26 2016
Address: 75 Canal Street Zoning District: B4 - pear ,
An application is being submitted to the Board of Appeal for the following reaCOMA .
4U ""p4c g
N1 v n.-"son(s):This stat�ment roust)P A,?ENT
describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements(Example:
I am proposing to construct a 10'x 10'one story addition to mJ'home located at 3 Salem Lane, in the R-2 Zoning
District. the Zoning Ordinance requires the minimum depth of the rear yard to be 30 feet 17m current depth of my
rew-yard is 32 feet,-the proposed addition would reduce the depth of the rear yard to 22 feet.)
To amend the Special Permit granted by the Zoning Board dated October 29, 2014, to allow for
the expansion of hours of operation asset forth in the Special Conditions of said decision.
Currently allowed public days and hours are Friday and Saturday from 12-Spm or i-6pm. we are
requesting the allowed hours be expanded to 12-Spm, seven days a week in order to
accommodate private functions and additional public retail hours at select times of the year.
For this reason I am requesting:
( )Variance(s)from provisions of Section of the Zoning Ordinance,specifically from
(i.e. minimum depth of rear yarn).
What is allowed is (/d?sq ft?stories? %?), and what I
am p1°posing is (ft?sqj??stories? W).
Q()A Special Permit under section 3 of the Zoning Ordinance in order to
Expand existing retail operations of a distillery with a tasting room
( )Appeal of the Decision of the Building Inspector(described below):
( }Comprehensive Permit for construction of low or moderate income housing(describe below):
Current Property Use: Distillery Are Lot Dimensions Included )Yes Q(}No Why? n/a
(
(Ermnple:7xro Fmnity Home)
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow
the project to be constructed as per the plans submitted as the enforcement of said Zoning By-Laws would involve
practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially
derogating from the intent and purpose of the Zoning Ordinance.
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETMON FORM
The following written statement has been submitted with this application:
( ) For all Variance requests a written Statement of Hardship demonstrating the following must be attached:
a) Special conditions and circumstances that especially affect the hand building,or structure involved,
generally not affecting other lands,buildings,and structures in the same district:
b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the
applicant;and
c) Desirable relief may be granted without substantial detriment to the public good,and without nullifying or
substantially derogating from the intent of the district or the purpose of the ordinance_
( } For all Special Permit requests a Statement of Grounds must be attached.An applicationfor a special permit for
a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be
substantially more detrimental than Tire existing nonconforming use to the neighborhood in accordance with
Section 9.4 Special Permits. Such a statement should include reference to the following criteria:
a) Social,economic,or community needs served by the proposal,•
b) Traffic flow and safety,including parking and loading;
c) Adequacy of utilities and other public services;
d) Impacts on the natural environment,including drainage;
e) Neighborhood character,and
f) Potential fiscal impact,including impact on City tax base and employmem.
( ) For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L.
Ch 40B §20-23.
Previous applications to the Board of Appeals involving this property have been submitted with this petition
farm. The Building Commissioner cmr provide documentation ofprevious applications to the petitioner or his
representative.
Ian Hunter, CEO Ifdifferentfrompeddoner:
Petitioner: Deacon Giles, Inc. property owner: Salco It, Inc.
Address: 75 Canal Street Adm: 3 Technology Way
Telephone. 978-306-6675 X114 Telephone: 978-744-5177
Email: ihurAer@deacongiles.com Finail: jmiller@salemglass.com
Signature: Signature:
Date: Date. (Attached corm tartar is also acceptable)
Ifdif"ermd from petitioner.
Representative:
A TRUE Address:
ATTEST Telephone:
Signature:
Date:
CITY CLERK DATE DPCD DATE
Thu original application must be,filed with the City Clerk
i
Deacon Giles, Inc.
75 Canal Street
Salem, MA 01970
July 25, 2016
City of Salem, MA
Zoning Board of Appeals
120 Washington Street
Salem, MA 01970
To the Board of Appeals:
We are requesting your consideration in amending the allowed hours of operation of our tasting room in
order to more fully utilize the unique space we have created. Since opening on October 30, 2015, we
have fielded more than a dozen requests to hold private functions at our facility, including birthday parties,
rehearsal dinners and corporate meetings. Additionally, on nearly every Federal and State holiday we
have been contacted by potential visitors inquiring about tours. We have had to regretfully decline these
requests due to the current restrictions of our hours stipulated in the Special Conditions of the Board's
decision dated October 29, 2014.
Our request to the board is to expand our allowable hours of operation for the tour room from the current
schedule to 12-8pm, seven days per week. This would allow us to move toward capturing the above
stated opportunities, leading to hiring additional staff and further enhancing the image of the city a
destination of great experiences. As part of this process, we will also be applying for our Farmer-Distillery
pouring permit, as this will be required in order to serve Deacon Giles inspired cocktails.
Our intent with this requested change is to continue our"standard" public hours of Friday and Saturday
afternoons for most weeks of the year, but to also take advantage of tourism heavy periods with additional
public hours and to facilitate private events in the afternoons and evenings of off days. As per the
regulations of our Farmer-Distillery License, we may only serve distilled spirits produced by us. Because
of this, our tasting room will not be a bar, but a unique experience for small groups of customers seeking
a space that is truly"Salem". We expect that most of the groups will consist of 10-15 persons, and plan to
cap the size at between 35-40 to stay well below our occupancy and keep the space comfortable. We will
continue our efforts, thus far successful, of guiding visitors to walk or utilize parking on Canal Street to
minimize traffic impacts on our neighbors.
This change, if approved, will have a significant economic impact, not only for our business, but for our
fellow business owners and the city itself, with minimal effect on our neighborhood and community. We
thank you for your consideration of our request.
Re ecffully,
Ian Hunter
Co-Founder
CITY OF SALEM, :MASSACHUSETTS
BOARD OF APPEAL
1zownsxwcroNSTRUT.snjaaa,Mnss, AI. A ( �
KhaERi FV DRiscOLL TEi.E:978-745-9595♦FAX 978-740:9846
MAYOR FILE #
WTY CLERK SAi£M.MASS.
(October 29th,2014
DSCWM
City of Salem.Board ofAppeals
Petition of LAN F-k requesting Special Permit Per Sec.3.0 Tnb/e of privcr0d asd Ute
Rtpl,,*;t of the ZoniagoMinance,in order '9LefJp'�
rl ° )tanning nist,;et�
A public hearing on the above Petition was opened ou October 15th;2014
The hearing was closed on that dare.with rhe fo pursuant to M.G.I.Ch. 40A,
Curran (Chair),Mr.Dionne,Mr. Watkins,Mr. ll°Rt°8 Bow of Appeals members. present Ms.
Duffy,aad.Mr.Copelas.
The Petitioner seeks a Special Permit from the provisions of Section 3.0 Table 6f prina�al and Ar�ttory Ute
i3egir1aliau of the Salem Zoning Ordinance
Statements of fact:
1. In the petition date-stamped.September 24th, 2014, the Petitioner
Section 3.0 Table S Prin oat ander Ure requested a Special Permit per
allow a brewgx•of the Salem Zoning Ordinance, in order to
ery,distillery or winery with a tasting room.
2. The Petitioner,Mr. Ian Hunter and co-founder Mr. Brenneman,presented the petition.
3. Ie proposed brewery, distillery, winery is apPrommately 6,000 square feet with a 800 square foot
tasting room.The proposed tasting room is no larger than 33%of the main building s square footage.
4' with tasting room if granter would allow the.Petitioner to operate a brewery, distillery
' or winery
5. The distillery will provide tours,sell commerciai;goods branded by the bre ery> distillery,win
sell beverages y the bottle to consumers for con to
and
d m
:— s'?tnf the
Itreauses,;dunng'-
:,._ ..
b. The tasting room will only.provide samples at no
M.G.L. c. 138. All staff will have a TIPS charge and will be limited
ry size as set forth in
Servers ofAlcohob. certification (Training and Intervention Procedures for
7. No additional
Parking is needed because itis an existing building
8. The permitted hours of operation for the tasting room are Fr and Saturday from 12-Spm or 1-
expanding with the possibility of expanding hours into Thursday and Sunday seasonally
firing Beard approval Zttk a,�Vr-o v 04 F dependent on
venes to the filcility will
9. FDidayffrom 8am be made during regular business hours of operation Monday through
daycare faciti located within 7$hcant Will not have deliveries during drop-off and pick-up times of the
t9 Canal Street
10. At the public hearing, three (3) members of the public spoke in opposition to the petition. Two (2)
members of the public spoke in favor of the petition.
City of Salem Board of Appeals
October 2911,2014
Project.75 Canal Street
Page 2 of 3
The Salem Board of Appeals, after careful consideration of the evidence presented at the public ch
following findings; in
and after thorough review of the petition, including the application narrative and plans, .makes the
Findings
The proposal is consistent 'with the definition of a tasting room Section 10.0 of the City of Salem Zoning
Ordinance.
1. The distillery and tasting room will have minimal impact on Parking, traffic flow and safety as this is a
small business with fen'deliveries and limited public hours ofoperation:
2. There are many uses that could be allowed as of t in this u—'-d h v
' t would hveaar noni_tupact
_. oII� �a c three buildrng
site regular non public
business hours and the public will be limited to visitingthe distillery
afternoons from 12-5pm or l-bpm Friday and Saturday
3. The distillery and tasting room win not impact the adequacy of utilities and other public services will
not be changed.
4. The impact on the environment is
c(udwg drainage will not be impacted.
5. The neighborhood character will.retrain the same.asthere are no significant changes proposed to the
exterior of the building.
6. The potential fiscal impact on the City's tax base is positive.
On the basis of the above statements of facts and findings,drags,the Salem Board of Appeals voted f
or (Ms. Curran, Mr. Watkins,Mr. Copelas and Mr. PP our (4} in
the �� S Duffy) aril one (1) opposed,(Mr. Dionne), to approve
req pedal permit to allow the addition of a tasting room to an existing brewery, distillery,winery
subject to the following terms,conditions and safeguards:
Standard Conditions:
1. The Petitioner shall comply with all cityand state statutes;ordinances,codes and regulations.
2. All construction shall be done as per the plans and dimensions submitted to and approved by the
Building Commissioner.
t reissue:ro
adhered to. smoke``anrl fire safety shall be strictly
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing structure.
6. A Certificate of Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
S. Petitioner is to obtain approval from any City Board or Commission having jurisdiction in
but not limited to,the Phtnning,Board. clOd"rg>
Special Conditions:
1. Hours of operation for the public to visit the distillery and tastingroom will be;limited to Fly and
Saturday 12-5pm OR 1-6pra .with the possibility of expanding hours d'dependent
Appeals approval eP upon Board of
City of Salem Board of Appeals
October 2ft 2014
Projet:75 Canal Street
Page 3 of 3
2. Deliveries to the facility will be made during ri
Friday from Sam-4pm and de" will bemar�r business hours of operationMonday through
deliveries d regularCanal Street Drily. The appliphcant will not have
Street during mop off and pick-up times of the daycare facility located within 75 Canal
3. The Petitioner will conduct research on ongoing City Plans for Canal Street
understand whether there is a planned or existing ctoss_a,�from in the
viciniimprovements to
Gardner Street and request the possibility of a cross-walk ty to Canal Street and
Proper already. alk be added at this location if there is not one
4. The Petitioner will obtain all ,State and Federal,
Conunonwealih of "" � ug, but not limited .to, the
roass4ckisettsiss ,
5. All retail sales at 75 Canal Street will be limited to the public hours of
Saturday from e possib
12-5pm OR 1-6prn with the of an °p�don Fly and
Board approval. No retail sales liom this � �8 hour&dePendent upon 2z(,<
operation. location may�e place outside of approved public ho
urs of
Rebecca C tur - ,
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILM
Wr H TIS PLANNING BOARD AND THE,CTTP CLERK
is'b°o ;E P I& A&"=W ttr caxoal Lan,, 404 ftd-ddl bsfihd wohn zo
lD > e ba/r,mr rokr e&jAbur amara,mpy ojrb,d s r> u„v
hd AW the Fw,Sado
� s"�111T9 CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
zuib AUG - 5
i 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
�!M_1NE Do
-
TELE: * FAX:978-740-0404
KIMBERLEY DRISCOLLi -N
MAYOR CIT) .�_..r,
City of Salem
Zoning Board of Appeals
Will hold a public hearing to consider the application of IAN HUNTER (DEACON GILES, INC) for an
amendment to the approved Special Permit in accordance with Sec. 3.0 of the Salem Zoning Ordinance to
expand the hours of operation for public days to 12-8pm seven days a week to accommodate private
functions and additional public retail hours at select times of the year at the property of 75 CANAL STREET
(Map 33 Lot 201) (B-4 Zoning District).
The public hearing will be held on WED. August 17, 2016 at 6:30 PM, 3rd Floor, 120 WASHINGTON
STREET, Rm 313.
Rebecca Curran, Chair
Board of Appeals
Salem News: 8/3/16 & 8/10/16
This notice posted on "Official Bulletin Board"
City Hall, Salem, Mass. on AUG 0 3 2016
at �; rSAH in accordance with MGL Chap. 30A,
Sections 18-25.