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CITY OF SALEM, MASSACHUSETTS
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BOARD OF APPEAL
Mme' 120 WASHINGTON STREET♦ SALEM,MASSA tSE%S 0 90 A 8*
KIMBERLEY DRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846 FILE
MAYOR CITY CLERK, SALEM,MASS,
October 29th, 2014
Decision
City of Salem Board of Appeals
Petition of IAN HUNTER, requesting a Special Permit per Sec. 3.0 Table of Principal and Accessory Use
Regulations of the Salem Zoning Ordinance, in order to allow a brewery, distillery or winery with a
tasting room located at 75 CANAL STREET (Map 33 Lot 201) (B4 Zoning District).
A public hearing on the above Petition was opened on October 15th, 2014 pursuant to M.G.L Ch. 40A, � 11.
The hearing was closed on that date with the following Salem Board of Appeals members present: Ms.
Curran (Chair), Mr. Dionne,Mr. Watkins,Mr. Duffy,and Mr. Copelas.
The Petitioner seeks a Special Permit from the provisions of Section 3.0 Table of Principal and Accessory Use
Regulations of the Salem Zoning Ordinance.
Statements of fact:
1. In the petition date-stamped September 24th, 2014, the Petitioner requested a Special Permit per
Section 3.0 Table of Principal and Accessory Use Regulations of the Salem Zoning Ordinance, in order to
allow a brewery, distillery or winery with a tasting room.
2. The Petitioner,Mr. Ian Hunter and co-founder Mr. Brenneman, presented the petition.
3. The proposed brewery, distillery, winery is approximately 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. The requested relief, if granted, would allow the Petitioner to operate a brewery, distillery or winery
with a tasting room.
5. The distillery will provide tours, sell commercial goods branded by the brewery, distillery,winery and
sell beverages by the bottle to consumers for consumption off the brewery premises during
designated public hours.
6. The tasting room will only provide samples at no charge and will be limited in size as set forth in
M.G.L. c. 138. All staff will have a TIPS certification (Training and Intervention Procedures for
Servers of Alcohol).
7. No additional parking is needed because it is an existing building.
8. The permitted hours of operation for the tasting room are Friday and Saturday from 12-5pm or 1-
6pm with the possibility of expanding hours into Thursday and Sunday seasonally dependent on
Planning Board approval.
9. Deliveries to the facility will be made during regular business hours of operation Monday through
Friday from 8am-4pm. The applicant will not have deliveries during drop-off and pick-up times of the
daycare facility located within 75 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 29th,2014
Project: 75 Canal Street
Page 2 of 3
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing,
and after thorough review of the petition, including the application narrative and plans, makes the
following findings:
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 few deliveries and limited public hours of operation.
2. There are many uses that could be allowed as of right in this building that would have a greater impact
on parking. There will be three full-time employees that will be on-site during regular non-public
business hours and the public will be limited to visiting the distillery to Friday and Saturday
afternoons from 12-5pm or 1-6pm.
3. The distillery and tasting room will not impact the adequacy of utilities and other public services will
not be changed.
4. The impact on the environment including drainage will not be impacted.
5. The neighborhood character will remain the same as there 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, the Salem Board of Appeals voted four (4) in
favor (Ms. Curran, Mr. Watkins, Mr. Copelas and Mr. Duffy) and one (1) opposed (Mr. Dionne), to approve
the requested Special 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 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 will be limited to Friday and
Saturday 12-5pm OR 1-6pm with the possibility of expanding hours dependent upon Board of
Appeals approval.
I
CiVof Salem Board of Appeals
October 29th,2014
Project: 75 Canal Street
Page 3 of 3
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.
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 of operation from Friday and
Saturday from 12-5pm OR 1-6pm with the possibility of expanding hours dependent upon Planning
Board approval. No retail sales from this location may take place outside of approved public hours of
operation.
Rebecca Curran, Chair
Board of Appeals
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A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appea!from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40,4, and shall be filed within 20
days of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Cbapter 40A, Section 11, the Variance or
Special Permit granted herein shall not take effect until a copy of the decision bearing the ce#ificate of the City Clerk has been filed with the Essex South
Registry of Deeds.
Deacon Giles, Inc.
14 Yz Fort Avenue
Salem, MA 01970
September 21, 2014
City of Salem, MA
Zoning Board of Appeals
120 Washington Street, 3rd Floor
Salem, MA 01970
Re: Application for Special Permit
Dear Members of the Board-
As stated in the attached Petition Form, we are seeking to open a new craft distillery in the former Salem Glass
building located at 75 Canal Street, and we respectfully request your consideration in granting our Special Permit so.
that we may pursue this new venture.
Our origin story of Deacon Giles and the history of distilling in New England are intimately tied to Salem. The city
has experienced exceptional development in the craft food and beverage market, and it is clear that both residents
and visitors embrace this change. It is our belief that the artisan and craft movement will continue to develop and
flourish in our community, and our joining the ranks of other artisan producers will further enhance and broaden the
appeal of Salem. While starting small,we expect to grow our payroll from the first three employees, to between eight
and ten over the next four years. We intend to be active participants in the charitable and community outreach
activities of the city.
As residents of Salem, we understand the sensitivity required to operate a business in a densely built and historic
city such as ours. Open and direct communication with our neighbors is critical to ensuring that any issues are
addressed before they become problems. The hours of operation of our tasting room will be limited to the
afternoons on the days we are open, and we expect somewhere between 25-50 visitors on a busy Saturday. Traffic
impact will be minimal, with ample parking available on Canal Street to which we will direct our visitors. Inbound
deliveries will occur at most once or twice a week, and we will be handling outbound deliveries via self-distribution on
our own vehicles. We are proposing only a modest change to the facade of the building by adding a new, smaller
entrance to our proposed tasting room. We require no additional utilities other that what are already in the space,
and we will work with both the city and the SESD to ensure our waste streams are managed as regulations require.
Thank you for your consideration of our petition, and we look forward to being a part of the Salem community and
carrying the standard of the city to the rest of New England and beyond!
Sinc ely,
er
Co-Founder
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RECEIVED
Dear Members of the Board, OCT 15 2014
DEPT.OF PLANNING R
I am writing in support of Ian Hunter's applicatioRCY6W1grahtedL97a1 Permit to
operate a distillery with a tasting room in the B-4 district at 75 Canal Street. This is
the first permit sought since we on the City Council made this addition to zoning
ordinances.As a distillery, Mr. Hunter's primary business will be light
manufacturing on the premises, and he will not be operating a barroom or
restaurant in the space.
I have no reason to believe that any alcohol would be served in this scenario to
underage persons or casually to students or people off the street. Distilleries (and
microbreweries and the like) have become in recent years an attraction in "foodie
tourism",where aficionados will travel to visit the facility, see the products being
made,taste a very small sample or two, and then perhaps buy a couple of bottles to
take home with them. These are premium-priced liquors and not what you can get
at a package store or bar for a cheap drink.
Some are objecting based on the proximity to the day care in the building, and based
on the residential abutters. l do not believe this will provide a problem nor will it
devalue nearby homes. This is a low-impact manufacturing process and will be fairly
low in foot traffic compared to most other businesses that could locate there. For
alcohol consumption,there is an actual barroom located a very short distance from
the Hancock Street side of the building (Sidelines) that has existed for nearly 20
years with no significant issues, and a package store just beyond that in the
shopping plaza.
In summary, I believe that is a good use for the building, and that it would not
conflict with the neighborhood or the current tenants. I am in support of granting
this permit.
Thank you for your consideration.
Josh Turiel, Councillor Ward 5
City of Salem
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My name is Mary Goodwin, I am the Director of Little Beginnings Daycae which is
located at 75 Canal Street. Tomorrow will be 6 weeks that we have been open at
this location. We were located at Temple Shalom on Lafayette street and had to
move due to the building being sold. It took months for us to find a new space. And
we were hesitant about moving to this location. But we really needed a space or we
would have had to close the daycare. We knew that there would be issues with the
front door being on a main street, and also having no outside play space for the children.
But when it came down to closing verses take on these issues, we decided that our main
Priority was the children. We really didn't think about the fact that this was
"Commercial Space" And Yes there are automobile repair shops on either corner of us,
Which we did think about, but they are not connected to us at all. We just found out
last week from a neighbor about the proposed brewery,distillery,winery. Our concerns are
that since we will be abutting that space from the back egress, that possible fumes from
that location could possibly seep into the daycare. We are also concerned with it being
a place where people can taste the product, there will be kids from Salem State coming
over and people possibly hanging out there. This will add more traffic to the already busy
street. I know that we have added more traffic with parents dropping off and picking
up their children, but these parents know that there are children going in and out of the
daycae. Our main priority is the children. We have infants in the building and their
classroom is the last room next to the back stairs, which leads to the back egress. Can you
guarantee that no fumes will ever get into the daycare. Another issue is can you guarantee that
no one will ever enter the daycare from the back egress. When we take out trash we leave the
doors open because there is no way back in the building if the door closes. My licensor said
we have to ensure that no one, strangers, people drinking, walkers from the street, employees, customers,
ect, won't walk into the daycare and have ANY contact with the children or the daycare space.
Especially through the back exit. We are a business, and we have no issue with people starting up their ow
business, We wish we were informed of this before we moved into the space. But we weren't and these at
our issues.
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75 Canal Street Salem,Massaehnsetls 01970
Salem,Massachusetts T: 617.816.3555 .