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283R DERBY STREET - ZBA 2g3� D e�1p,�' �t-�-ee-E- - s\c�r, va�,qu�Ce Req�ves-�- i Zo nin B oard Proiect Status Sheet Address & Applicant: Date Submitted to BOA: EK Clerk Stamp: Variances Only - Constructive Approval Date: (too days from rlinh) Abutters List Requested:- - Ej/Abutters Notice Sent: E Notice to Abutting Cities & Towns, Councillors: EY/ Legal Notice posted at City Hall: (14 days before meeting) Legal Notice Emailed & Confirmed: Legal Notice Posted on Web: r� Agenda to Applicant: Applicant's email address or fax number to send agenda: Opened at Meeting: Continued Meetings: Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: (g Decision: Decision Filed: (, , , Appeal Period Over: 'T after decision filed) 1 (21"da) d Decision Sent to Applicant: c� Notice of Decision Sent to abutters, cities and towns, councillors: ZBA ACTION FORM BO ,'µ?MEMI3E�tS'zx,n; MC3TION ;SECOND,gUO�T-::.: Date: S/t 8/1 6 Mike Du Petitioner: 2`$3RR S-�C Tom Watkins (No-\-C-4s) Peter Co elas Address: Jimm Tsitsinos Jim Hacker Alt.) Paul Viccica(Alt.) Conditions: Total 19 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. QAll 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. KI 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 mm number so as to be visible from the street. tX�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(50%)of its replacement cost or more than fifty percent (501/o)of its floor area at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance. i I ' I CITY OF SALEM,MASSACHUSETTS BOARD OF APPEALS PETITION FORM CITY OF SALEM,MASSACHUSETTS BOARD OF APPEAIS 120 WASHINGTON STREET,3—FLOOR - - ' SALEM,NIASSAClIUSETfS0197a T01b APS 2b P 2: Ob Thomas St Near,Director of Inspectional Services Phone:978-619-5641 /Fos:978-740-9846 11 F KamERLEY DRiscotL Erin Schaeffer,Staff Planner CITY a Mnroa Phone:978-619-5685/rax:978-740-0404 TO THE BOARD OF APPEALS: R E C EI V S The Undersigned represent that he/she:is/are the owners of a certain parcel of land located at:. App 2.6 2016 - Address:..73-�>'�, �E�- � `S\: . Zoning District: _ j' QE_ An application is being_submitted to the Board of Appeal for the following reason(s):ThCstlimettryrpLA NN I NG g - describe,what you propose to build,the dimensions,the zone property is in,and the zoning requiremen ts.(ETamcp`I�l0 PM ENT lam proposing to construct a 10'x l0'one story addition to my home-localed•al 3 Salem Lane, in the R-1 Zoning District'The Zoning Ordinance requires the minimum.depth of the rear yard to he 30 feet The current depth of my - rear yard-is 32 feet;the proposed addition would reduce the depth of the rear yard to 11 feet) - TV.IO S\6fJS CSAI N�� I US �1✓SS A-c 2`63 O SI — ,Is -Kt\C 0t2D'4, Ntsc�c LA-51� Aa2A, owoc-v, 5YL,t-7 S\ham Arr t':ta.. . For this reason I am requesting: - O Variances)from provisions of Section `',"5-1 of the Zoning Ordinance,specifically from. -Atro.lA(i..c '6k(,-r+xt>,;L JfJPiYL 4x (i.e.minimum depth ofrearyard). - - - What is allowed.is ,.to .+:r - (ft?sq ft?stories? %?).and what I - aniproposing>s' r� 'Stl^I cxj A U2sgfl?stories?%?). f O A Special Permit under Section of the Zoning Ordinance in order to O Appeal of the Decision of the Building Inspector(described below): - - ( )Comprehensive Permit for construction of low or moderate income housing(desenbe below):- Current Property User P"i? C-W02-7( Are Lot Dimensions Included?( )ties ( )No Whys? - (&ample:.Two Family 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 propose of the Zoning Ordinance. P — CrrY OF SAUDo%MASSACHUSETTS BOARD OF APPEALS PETITION_FORM The foflowing 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 land,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 hardsbip to the applicant;and c) Desirable relief may be granted without substantial detriment to the public good,and without mdkfy4 or l 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 application fora special permit for - - -a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be substantially more detrimental than the 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).- Potent6lfiscal impact,'including-.impact'on City tax base and employment ( ) 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 form. The Building Commissioner can provide documentation of previous applications to the petitioner or his representative: If ifi ferent from petieloner. Petitioner. ic��! 'TAS i7- h �.�C'.'.': Propertyfhvner. Su��-�- Fahf�-�3c� -VCS+-o_,.l�S Address. 2:j 3 ' " 9 1 S 1 Address: 'Z'* t VZ—�9S1 Telephone: l3 Tele \©2� Email;C\ ,.S 0 klo—Z\N LEv f.Nl -�ceh Email Tvt ��c L� @ Aco�. Gt1r Signature: Signature: (Atrheef can"kwis AW ) - Date: 2 L IID Date: If AWereafftont petitioner. - Representative: Address: A TRUE ATTEST Telephone: Signature: ` I Date: r t. $ CITY CLERK DATE DPCD DATE This original application must be filed with the City,Clerk NUICH AMERICAN SESSION BSER. 4/25/16 Board of Appeals Salem City Hall 120 Washington St,3rd Floor Salem, MA 01970 Dear Board, This letter details the hardship placed on my business due to the strict interpretation of city ordinance 4- 51 for signage, which will not allow any signage whatsoever. I am in the process of building out the Notch Tap Room and Brewery at 283R Derby Street in Salem's B-5 Zoning District. The nature of the business is manufacturing of malt beverages for wholesale distribution, but we also have a significant portion of our business dedicated to retail use (both for on-site consumption as well as the purchase of beer for take away). Approaching from Congress Street into our parking lot, our main entrance (for retail) and loading door (for wholesale) face this direction, and signage in that direction is important in communicating to our consumers and vendors that we do, in fact, have a business at this address.Trucks need to carry in raw materials,as well as ship out finished goods. Communication of where the business is located would aid in logistics of these operations.Also,consumers looking to visit the retail component of the business will need some type of communication of where it is located,the name of the business, its primary function and entrance. Our business also faces the South River, where the city has implemented significant improvements, including the river walkway. While not a hardship, a sign facing the river would make sense for our business, as well as the city, in bringing to life an underutilized portion of our waterfront. Currently, signage is clearly visible for our abutting business neighbor, Segway Tours. Additionally, before we took over the lease of the property, signage was in place for the previous lease holders: Murphy's Refinishing, Atlantis Woodworking, and St-Pierre Salon (as can be seen on Page SD2.0 of our attachment). I would hope the city would understand the hardship placed on our business by operating without a sign. A lack of any signage will put the viability of our operation in jeopardy, as well as the manufacturing and retail jobs, tax revenue, infrastructure improvements and economic development that comes with our success. Sincerely, 1 c�C9s Chris Lohring President ��.CONUIT CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL -- 120 WASHINGTON STREET* SALEM,MASSACHUSETTS 01970 KIMBERLEY DRIscoLL TELE:978-745-9595 ♦ FAX:978-740-9846 MAYOR n June 1 2016 Decision o City of Salem Board of Appeals Petition of NOTCH TAP ROOM, LLC seeking a Variance per Sec. 4-5.1 On-Prem!�!s Signs in Nonresidential Districts of the Salem Code of Ordinances, in order to allow signag@ at th>property of 283 Rear Derby Street(Map 34 Lot 439) (B-5). _ ou w co A public hearing on the above Petition was opened on May 18, 2016 pursuant to M.G.L Ch. 40A, g 11. The hearing was closed on that date with the following Salem Board of Appeals members present: Peter A. Copelas (Vice-Chair),Jimmy Tsitsmos,Mike Duffy,Tom Watkins,Paul Viccica (alternate). The Petitioner seeks a Variance of the provisions of Sec. 4-5.1 On- Premises Signs in Nonresidential Districts of the Salem Code of Ordinances to allow signage. Statements of fact: 1. In the petition date-stamped April 26, 2016, the Petitioner requested a Variance of the provisions of Sec. 4-5.1 On- Premises Signs in Nonresidential Districts of the Salem Code of Ordinances to allow signage for this business at the property. 2. Chris Loring,petitioner, presented the petition. 3. Notch Tap Room LLC is located at the rear of the building on 283 Derby Street. 4. The Building Commissioner ruled that the allowable signage at the property, based on the frontage of along Derby Street,is completely occupied by Brothers Tavema. 5. The petitioner is requesting a Variance to install 103 square feet of signage on the building along the Congress Street and North River sides of the building, where the business is located at the rear of the building. 6. The petitioner testified that the hardship is that vendors will not be able to deliver goods without knowing where the business is located, wholesalers need to know where the location is to pick up finished goods and for consumers to know the location of the facility. 7. There is 79.9 linear feet along the fagade where Notch Tap Room is located. 8. The requested relief,if granted,would allow signage for this business located at the rear of the property. 9. At the public hearing, one (1) member of the public spoke in favor and none in opposition to the petition. 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: City of Salem Board of Appeals June 1,2016 Project:283 Rear Derby Street Page 2 of 2 Findings Sign Variance: 1. Special conditions and circumstances that especially affect the land, building, or structure involved is that the business is located at the rear of the building and current allowable square footage for signage if strictly enforced would allow for no signage to be located anywhere on the property for this business. 2. Literal enforcement of the provisions of the Ordinance would create a substantial hardship to the applicant as the Ordinance is not really applicable for a circumstance and vendors, wholesalers and consumers need to know the location of this facility. 3. The desired relief may not be granted without nullifying or substantially derogating from the intent of the district or purpose of the City of Salem Zoning Ordinance. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5)in favor (Peter A. Copelas (Vice-Chair),Jimmy Tsitsinos, Mike Duffy,Tom Watkins, Paul Viccica (alternate) and none (0) opposed, to approve the requested Variance to allow signage at the property subject to the following eight (8) standard terms, conditions and safeguards: Standard: 1. Petitioner shall comply with all city and state statues, 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 finished 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. C A,) 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 decision, :f any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days of fik'ng of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deedr. Notch Tap Room - Proposed Sign SQ FT Parking Lot Side Sign: "Notch" "Biergarten" "Tap Room" "&" 'Brewery" TOT Sq FT Height 3.0 1.5 1.5 1.5 Width 7.6 11.4 1.5 10.9 TOT 22.8 17.1 2.3 16.3 58.5 Building Frontage-Parking Lot Side TOT Sq FT Height 20.2 Width 79.9 X TOT 1614.0 1614.0 Percentage of sign to building 3.6% River Side Sign: "Notch" 'Biergarten•• "Tap Room" I.W. 'Brewery" TOT Sq FT Height 3.0 1.5 Width 7.6 14.5 TOT 22.8 21.8 0.0 0.0 0.0 44.6 Building Frontage-Parking Lot Side TOT Sq FT Height 20.2 Width 59.1 TOT 1193.8 1193.8 Percentage of sign to building 3.7% Total Signage 103.1 Total Building Frontage 2807.8 %of Sign to Building Frontage 3.7% ,�MO"D1TAaw CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL SIM 2 9 OS Yj, µ {yap�'ter is�c'ti 0 120 WASHINGTON STREET SALEM,MASSACWugEfis 01970 MINED.% TELE:978-619-5685 t":V8- 4j =. i KINBERLEY DRISCOLL MAYOR City of Salem Zoning Board of Appeals Will hold a public hearing for all persons interested in the petition of NOTCH TAP ROOM, LLC seeking a Variance per Sec. 4-5.1 On-Premises Signs in Nonresidential Districts of the Salem Code of Ordinances, in order to allow signage at the property of 283 Rear Derby Street(Map 34 Lot 439) (B-5). Said hearing will be held on WED, May 18, 2016 at 6:30 p.m., 3`d floor, 120 WASHINGTON ST, ROOM 313. Rebecca Curran, Chair Board of Appeals Salem News: 5/4/2016 & 5/11/2016 This notice posted on "Official Bulletin Board" City Hall, Salem, Mass. on lda d I nulla at q'.or " in accordance with MGL Chap. 30A, Sections 18-25. c p i NEW GUARDRAIL C L I i L BIERGARTEN = I I N NEW GOOSENECK I � 1 1 LIGHTING Nx 7.15' L 152.16' L L -- _0 o NEW FENCE J I I TAP ROOM ENTRY10 ]A I o l I !� BREWERY ENTRY NEW LED PARKING LOT LIGHTING (TYP.) llk-D Note: Drawing scale may change when copied or faxed -^ In !"c WINTER STR'EBTIy4RCHITECTS, INC. NOTCH BREWING GunnrauNlTvu �rcLGrn &X04/25/2016 283 REAR DERBY STREET SALEM MA 4102.0000 S D 0.2 a i i ti - U PROPERTY LINE x x m - TAP 113 SFo `� I MAIN ENTRANCE Beer Garden Furniture,Made in Germany DECORATIVE HOPS PLANTS - O—� x� a P ROOM BIERGARTEN EXIT ONLY GATE 297 SF� ! 1830 SF ,e , NEW WOOD FENCE 13 TABLES X 6 GUESTS=78 MAX.OCCUPANCY NEW WOOD FENCE Steel framed wood fence,5'tall EXISTING PARKING SPACES i SOUTH RIVER NEW GUARD RAIL TO MATCH EXISTING ADJACEN _ { SITE PLAN AT BIERGARTEN SD0.3 1" = 10'-0" Existing adjacent guard rail,new guard rail to match Note: Drawing scale may change when copied or faxed NOTCH BREWING WINTER STREET ARCHITECTS, INC. 04/25/2016 283 REAR DERBY STREET SALEM MA 4102.0000 S M 3 a e � t MT. _ ✓ . 1. :. 12 �kS�i..•:y a —�`S R; � J` u. fl •� � e V L 1 y ry 1 y t mc �I4JF r't.- s ,+,",.,,� �a �v •,� ra'�-c�-x� i F Y, ,,�,s4 �. sV- "-. r �`'?Htli �„�� �•ckm F � Fs 1 ��rce' x � �i,c, r 'y'�_�k`. 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