209 ESSEX STREET - ZBA �a � �sSex She e-t-
�1 �- _ � � -- - -- -
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i
Zoning Board Project Status Sheet
Address & Applicant: 2 (39
DS bmitted to BOA: � . 7 DTZ o X
Dat
Clerk Stamp: 7 _ Zy 1 S
Variances Only - Constructive Approval Date: poo ciays from tiling)
Abutters List Requested:
butters Notice Sent: /-►)
❑/ otice to Abutting Cities & Towns, Councillors: J y)
R Legal Notice posted at City Hall: as days before ineeling)
D/ Legal Notice Emailed & Confirmed:
❑) Legal Notice Posted on Web: /y
d Agenda to Applicant:
Applicant's email addressZr fax number to send agenda:
Opened at Meeting:
Continued Meetings:
Exten ion Form(s) Signed & Clerk Stamped?
Closed at Meeting:
Decision:
Decision Filed: 1 Appeal Period Over:
AWr(I fission filed)
i Decision Sent to Applicant:
Notice of Decision S nt to abutters, cities and towns,
councillors:
-Mi '
ZBA ACTION FORM
I BOARD MEMBERS . ' MOTION;,MQTION ;,i SECOND. VOTE -
Date: Z 1 53/ �s Rebecca Curran (Chair)
Peter Co elas ice Chair)
Petitioner: 'Fal F�ouVl �l �' Tom Watkins
T -e- C C k d Q-!( Mike Duffy X )l 1
Richard Dionne
Address: 1�. 0- k S Z�
5 C,j Q-k � M 11 Jimmy Tsitsinos (Alternate)
Total:
Conditions:
®Petitioner shall comply with all city and state statutes, ordinances, codes and regulations.
21 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.
n❑Exterior finishes of the new construction shall be in harmony with the existing structure.
y�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(50%)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.
rdinance.e.
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CITY OF SALEM, MASSACHUSETTS
z' BOARD OF APPEAL
120 WASHINGTON STREET 1 SALEM,MASSACHUSETTS 01970 '
KIMBERLEY DRISCOLL 'ISLE:978-745-9595 f0P§8-740 I ff 4; (q .
MAYOR 11 t—'
FE
April 1, 2015ITY CLERKSALEM, MASS,
Decision
City of Salem Board of Appeals
e
Petition of FAR FROM THE TREE CIDER,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 and a
tasting room located at 209 ESSEX STREET (Map 35 Lot 241) (B-5 Zoning District).
A public heating on the above Petition was opened on March 18,2015 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: Ms. Curran
(Chau),Mr. Copelas,Mr. Duffy and Mr. Tsitsinos (Alternate).
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: f
1. In the petition date-stamped March 4, 2015; the Petitioner requested a Special Permit per Section 3.0
Table of Pnncipal and Accessory Use Regulations of the Salem Zoning Ordinance, in order to allow a
brewery,distillery or winery and a tasting room.
2. Denise and Al Snape, owners of Far From the Tree Cider,presented the petition.
3. The proposed winery and tasting room would occupy a total of 1,476 square feet.
4. In addition to an existing winery located at 102 Jackson Street, the winery at 209 Essex Street would
be used to ferment, hand bottle and distribute small batches of product. The tasting room would
provide public tours of traditional cider production, cider tasting, and retail sale of cider house related
merchandise and the sale of bottles of cider for off premise consumption.
5. Nearby city parking lots will provide parking spaces for this location as allowed in accordance with the
City of Salem Zoning Ordinance for this district.
6. It is estimated that daily water usage and disposal will increase by approximately 448 gallons per week
for washing glasses and public bathroom use.
7. Proposed hours of operation are Monday through Sunday 12pm-12am.
8. The requested relief,if granted,would allow the Petitioner to operate a brewery,winery,distillery with
a tasting room.
9. At the public hearing, seven (7) members of the public spoke in opposition to the petition. Three (3)
members of the public spoke in favor of the petition.
s
City of Salem Board of Appeals
April 1,2015
Project:209 Essex 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
1. The proposed brewery, distillery, winery and tasting room is will have a positive impact on the social,
economic or community needs served by the proposal.
2. There are no impacts on traffic flow and safety,including parking and loading.
3. The capacity of the utilities is not affected by the project.
4. There are no impacts on the natural environment,including drainage.
5. The proposal conforms to the existing neighborhood character.
6. The potential fiscal impact,including impact on the City 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. Dionne, Mr. Copelas and Mr. Tsitsinos) and none.(0) in opposed, to approve the
requested Special permit to allow a brewery, distillery, winery and tasting room, subject to the following
conditions,terms, 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. A Certificate of Occupancy shall be obtained
6. A Certificate of Inspection shall be obtained.
7. 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 are Monday-Wednesday 4pm-8pm,Thursday 4pm-9pm, Friday 4pm-10pm
Saturday- Sunday 12pm-10pm. During October the hours operation will be Monday—Thursday
12pm -9pm and Friday-Sunday 12pm-10pm
2. The front entrance is the entrance and egress to the building and the side door will be an egress for
emergencies only.
3. Special Permit is limited to the current applicant, Far From the Tree Cider.
City of Salem Board of Appeals
April 1,2015
Project:209 Essex Street
Page 3 of 3
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,if any, shall be made pursuant to Section 17 of the Marrachuseas General laws Chapter 40A,and shall he filed within 20
days of filing of this decision in the office of the City Ckrk. Pursuant to the Massachusetts General L�s 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 Gty Clerk has been filed witb the Essex South
Reggtry of Deeds.
r
i.
�CONDIT�J _
CITY OF SALEM, MASSACHUSETTS
?q' BOARD OF APPEAL
120 WASHINGTON STREET* SALEM,MASSACHUSETT _ A " C
; 3
KimBERLEYDRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846 11.. J
MAYOR CITY CLE1iF,ILE lL" i, MASS.
April 1, 2015
Decision
City of Salem Board of Appeals
Petition of FAR FROM THE TREE CIDER, 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 and a
tasting room located at 209 ESSEX STREET (Map 35 Lot 241) (B-5 Zoning District).
A public hearing on the above Petition was opened on March 18, 2015 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: Ms. Curran
(Chair), Mr. Copelas, Mr. Duffy and Mr. Tsitsinos (Alternate).
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 March 4, 2015, 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 and a tasting room.
2. Denise and Al Snape, owners of Far From the Tree Cider,presented the petition.
3. The proposed winery and tasting room would occupy a total of 1,476 square feet.
4. In addition to an existing winery located at 102 Jackson Street, the winery at 209 Essex Street would
be used to ferment, hand bottle and distribute small batches of product. The tasting room would
provide public tours of traditional cider production, cider tasting, and retail sale of cider house related
merchandise and the sale of bottles of cider for off premise consumption.
5. Nearby city parking lots will provide parking spaces for this location as allowed in accordance with the
City of Salem Zoning Ordinance for this district.
6. It is estimated that daily water usage and disposal will increase by approximately 448 gallons per week
for washing glasses and public bathroom use.
7. Proposed hours of operation are Monday through Sunday 12pm-12am.
8. The requested relief, if granted,would allow the Petitioner to operate a brewery,winery, distillery with
a tasting room.
9. At the public hearing, seven (7) members of the public spoke in opposition to the petition. Three (3)
members of the public spoke in favor of the petition.
City of Salem Board of Appeals
April 1,2015
Project: 209 Essex 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
1. The proposed brewery, distillery, winery and tasting room is will have a positive impact on the social,
economic or community needs served by the proposal.
2. There are no impacts on traffic flow and safety,including parking and loading.
3. The capacity of the utilities is not affected by the project.
4. There are no impacts on the natural environment,including drainage.
5. The proposal conforms to the existing neighborhood character.
6. The potential fiscal impact,including impact on the City 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. Dionne, Mr. Copelas and Mr. Tsitsinos) and none (0) in opposed, to approve the
requested Special permit to allow a brewery, distillery, winery and tasting room, subject to the following
conditions, terms, 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. A Certificate of Occupancy shall be obtained
6. A Certificate of Inspection shall be obtained.
7. 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 are Monday-Wednesday 4pm-8pm, Thursday 4pm-9pm, Friday 4pm-10pm
Saturday- Sunday 12pm-10pm. During October the hours operation will be Monday—Thursday
12pm-9pm and Friday-Sunday 12pm-10pm
2. The front entrance is the entrance and egress to the building and the side door will be an egress for
emergencies only.
3. Special Permit is limited to the current applicant, Far From the Tree Cider.
City of Salem Board of Appeals
April 1,2015
Project:209 Essex Street
Page 3 of 3
Rebecca Curran, Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal firm this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20
days of filing of this decision in the offire of the City Clerk. Pursuant to the Massachusetts General Incas Chapter 40A, Section 11, the Variance or
Special Pemrit granted herein shall not take effect until a copy of the decision beating the certificate of the City Clerk has been filed with the Essex South
Registry of Deeds.
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASIIINGTON STREET♦SALEM,MASSACHUSETTS 01970
KIMBERLEY DRISCOLL nLE:978-745-9595 ♦ FAX:978-740-9846
MAYOR
Notice of Decision
At a meeting of the City of Salem Zoning Board of Appeals held on Wednesday, March 18,2015 at 6:30 p.m.
at 120 Washington St., Salem,MA, the Zoning Board of Appeals voted on the following item:
Petition of FAR FROM THE TREE CIDER,requesting a Special Permit per Sec. 3.0 Table ofPrincipal and
Accessory Use Regulations of the Salem Zoning Ordinance,in order to allow a brewery, distillery or winery and a
tasting xoom located at 209 ESSEX STREET(Map 35 Lot 241) (B-5 Zoning District).
Decision: GRANTED
Filed with the City Clerk on April 1,2015
This notice is being sent in compliance with the Massachusetts General IVs, Chapter 40A, Sections 9 dy 15 and doer not
require action by the recipient.Appeals, ifany, shall be made pursuant to Chapter 40A, Section 17, and shall be filed within
20 days firm the date which the decision was filed with the City Clerk.
I
1
I CITY OF SALEM
ZONING BOARD OF APPEALS -
Will hold a public hearing for all
persons interested in the petition of
FAR FROM THE TREE CIDER, re-
questing a,Special Permit per Sec.
3.0 Table of Principal and Accessory
Use Regulations of the Salem Zon-
ing Ordinance, in order to allow a, r
brewery, distillery or winery and a I
tasting room located at 209 ESSEX I
STREET B-5 Zoning District).
The public hearing will be held on
Wednesday,March 18,2015 at 6:30.
PM, in Room 313, 3rd floor at 120 .
Washington Street in accordance
with Chapter 40A of the Massachu-
setts General Laws:A copy of the .
application and plans are on file and
available for review during normal
business hours at the Department
of Planning & Community Devel-
opment, City Hall Annex, 3rd, 120
Washington St,Salem,MA.
Rebecca Curran,Chair
Board of Appeals
SN-3/4,3/11/15 -
CITY OF SALEM
ZONING BAAI;D OF APPEALS
Will hold a public hearing for all
persons interested in the petition of
FAR FROM THE TREE CIDER, re-
° questing a Special Permit per Sec.
3.0 Table of Principal and Accessory
Use Regulations of the Salem Zon-
ing Ordinance, in order to allow a
brewery, distillery or winery and a
tasting room located at 209 ESSEX -
1 STREET)B-5 Zoning District).
`)l The public hearing will be held on
Wednesday,March 18;2015 at 6:30
PM, in Room 313, 3rd floor at 120
Washington Street in accordance
with Chapter 40A.of the Massachu-
seds General laws. A copy of the
application and plans are on file and
available for review during normal
business hours at the Department
of. Planning 6 Community Devel-
opment, City Hall Annex, 3rd, 120
1
Washington St,Salem,MA.
Rebecca Curran,Chair
Board of Appeals
SN—3/4,3/11/15
_rn _
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STREET*SALEM,MAssncxuS=S 61974o 8 29
i TELE:978-619-5685 ♦FAX:978-740-04,MtE #
MNmERisYDRiscou OTY CLERK, SALEM.
MAYOR MASS.
City of Salem
Zoning Board of Appeals
Will hold a public hearing for all persons interested in the petition of FAR FROM THE TREE CIDER,
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 and a tasting room located at 209
ESSEX STREET (B-5 Zoning District).
The public hearing will be held on Wednesday, March 18, 2015 at 6:30 PM, in Room 313, 3`d.floor at 120
Washington Street in accordance with Chapter 40A of the Massachusetts General Laws. A copy of the
application and plans are on file and available for review during normal business hours at the Department
of Planning & Community Development, City Hall Annex, P, 120 Washington St, Salem, MA.
Rebecca Curran, Chair
Board of Appeals
Salem News: 3/4/15 and 3/11/15
This notice posted on "Offilial Bulletin Board"
City Hall,Salem, Massaon MAR 04 2015
at A-2-919 in accordance with MGL Chap. 30A,
Sections 18.25.
CITY OF SALEM,MASSACHUSETTS BOARD OF APPEALS
conln,T o! MMl %* 33
YNrCITY OF SALEM,I4IASSACHUSETTS
BOARD OF APPEALS FILE ll
120 WASHINGTON STREET,3anFLOOR CITY uLLl FS JAL M. MASS."
S t FM MASSACHUSETTS 01970 si`�' r""a t"•"' p- w
91P11N6�% Thomas St Pierre,Director of Inspectional Services
Phone 978-619-5641 /Fas:978-740-9846 FEB 24
KIMRERLEY DRISCOL Erin Schaeffer,Staff Planner 2015
MAYOR Phone:978-619-5685/Fxc 978-740-0404 DEPT. OF pfgfi%;,11C 2i
TO THE BOARD OF APPEALS: COAMUICT_Dq:
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at:
Address: O?Oq F16W, Zoning District:
An application is being submitted to the Board of Appeal for the following reason(s): This statement must
describe what you propose to build,the dimensions,the zone property is in,and the zoning requirements.(Pxamp/e:
I am proposing to construct a 10'x 10'one story addition to my home located at 3 Salem Lane,in the R-2 Zoning
District. The Zoning Ordinance requires the minimum depth of the rear yard to he 30 feet. The current depth of my
rear vard is 32 feet;the proposed addition would reduce the depth of the sear yard to 22 feet.)
l<ty� (<I IIB nr i90O ne F try tr f-.e
A-a s j n aa_jr/r f//w� `f 1�"-A• IN I I I ✓I t,+ lie —TT P21 f
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For this reason I am requesting: -
( )Variance(s)from provisions of Section of the Zoning Ordinance,specifically from
(E e. minimum depth of rear yard).
What is allowed is (ft?sq ft?stories? W), and what I
ant proposing is (ft?sq ft?stories?%?).
( nA Special Permit underSectionof the Zoning Ordinance in order to ��/d L9 JifL_
' �`dd-: I d•hJ h?' cA rrnYel 7 `b $++shiq�F
( )Appeal of the Decision of the Building Inspector(described below): �—
( )Comprehensive Permit for construction of low or moderate income housing(describe below):
/11 r / 5C
Current Property Use:Qr�s i� !�i•rr.nar....P Are Lot Dimensions Included?( Yes ( )No Why?
(Example:Tires n Fnmifv 110") -
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow
the p%ject 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, MASSAMSEITS BOARD OF APPEALS
PETITION FORINT
The following written statement has been submitted with this application:
O 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 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.
O(1 For all Special Permit requests a Statement of Grounds must be attached.An application for 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 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
t) Potential fiscal impact,including impact on City tax base and employment.
O 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 ofprevious applications to the petitioner or his.
representative.
✓ F�drn 7f e Tri / If different from petitioner.
Petitioner: D46 r.Se sy,042c- Property Owner: W/d Ti"K Kluee. F&AL74 /,[,C-
ss: �i sot-lo si/a',,,W A Address: 20 °] Ss�X �/— ' fait M, f11A olg7�
— T
Telephone: lr1-7 DT7-6`X a 5 Telephone:
,_,/ zg78,,/7'yN Z'L`j
.tyo�Email: Flo(zlk-a � wS,41eeNIT� ,C�
Signature: )1�ir��.. &Wmx � Signature: �o✓� �UK,a�f-�
(Attached conte otter is also acceptable)
Date: a2��3�/S Date: Z • ZN - LCIS
If different from petitioner.
Representative:
A TRUE Address:
ATTEST Telephone:
Signature:
Date:
CITY CLERK DATE DPCD DATE
This original application must be filed with the City Clerk.
Zoning Board of Appeals
120 Washington Street, 3`d floor
City Hall Annex
Salem, MA 01970
February 24, 2015
Dear Zoning Board of Appeals,
Far From The Tree LLC is requesting permission from the Zoning Board of Appeals for
the opening of a winery with a tasting room at 209 Essex Street, Salem. The winery with
abutting tasting room will allow those people of appropriate age the ability to sample
cider on the premises and purchase bottles of cider for off premise consumption as well
as merchandise associated with the cider house. The tasting room will be no more than
33% of the main building's gross square footage. The remaining square footage will be
used for the production of hard cider.
Our head cider maker is running out of space at our 102 Jackson Street location and
requires additional square footage for increased production needs. The 209 Essex Street
space would primarily act as an area to ferment, age and bottle cider in a location that is
already publicly accessible.
We would like to have the choice to open the tasting room to the public between the
hours of 12pm and 12am Monday through Sunday. City parking lots are available for
parking. The building of the tasting room would require the employment of artists and
interior decorators. The tasting room would require us to hire 2-4 employees to conduct
tastings.
The introduction of a tasting room to the building would have very minimal
environmental impact. Some glasses would need to be cleaned with water, increasing the
water usage and disposal by approximately 150 gallons a week. A handicapped accessible
mens and womens bathroom is available for public use within the building. Bathroom use
by the public would also increase water usage and disposal by approximately 448 gallons
per week assuming 40 uses per day at 1.6 gallons per flush.
The proposed tasting room will not be substantially more detrimental than the existing
nonconforming use to the neighborhood in accordance with Section 9.4 Special Permits.
The introduction of a tasting room into the area will improve the character and appeal of
the area to both residents of Salem and visitors to the area. In addition, the tasting room
will improve the current tourism industry of Salem as a whole by increasing the quality
and diversity of options for those visiting the area. The primary function of the cider
house is to produce cider using traditional methods with an emphasis on closely
mimicking the methods used by American colonists. A tasting room would provide the
public and Far From The Tree a space for an open forum concerning cider production and
an opportunity for the public to learn how cider is made by seeing it first hand.
Please do not hesitate to contact us if you need further clarification.
Sincerely,
O�rwx.
Ale nape Denise Snape
Head of Cider Development Director of Business Operations
Phone: 617.877.1270 Phone: 617.877.0865
asnaoe a,farfromthetreecider.com dsnape(o,farfromthetreecider.com
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209 ESSEX STREET - Winter River Realty
MARCH 19, 2014 First Floor Lease Plan 209 Essex Street
Salem,MA 01970
Rentable Area 1,476 sf
Slopes do 61"to T
Insulated Enclosure
Sloping support
CITY OF SALEM, MASSACHUSETTS BOARD OF�[A�PPQE�A�I S[
4colunlrq tQ, {FM9 1� IL: .�j
:yP� '� .! CITY OF SAi.FM h1ASSACHUSE"I"i�
a; BOARD OF APPEALS
FILF ;r
a x 'qo. � 120 WASHINGTON STREET,3RD FL( RALYI'LEI,K, SAL``M, M�1.S .
ys- -"r fie--.. SALEM,AIASSACHUSETTS 01970 Iq�pg f
._,y�trylPi6'� Thomas SL Pierre,Director of inspectional Services �•t`"'"° .i.
Phone.978-619-5641 /Fax:978-740-9846 FEBKIMBERLEY DRISCOLL Erin Schaeffer,Staff Planner E 2 7
4 [01'�
MAYOR Phone:978-619-5685 /Fax:978-740-0404 C,EpT Or_
f'L3N"!!A;G t
TO THE BOARD OF APPEALS: Cn�^foufi0 vL?'-V-r OF'
The Undersigned represent that he/she is/are the owners of a certain parcel of land located at:
Address: QQq LE,'* S")" /5' F/LG22 Zoning District: . &S
An application is being submitted to the Board of Appeal for the following reason(s):This statement must
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 my 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 3O feet. The current depth of my
rear vard is 32 feet,-the proposed addition would reduce the depth of the rear yard to 22 feet.)
Itl� a �1�JO�Irte �v r xto �g tw7n two t•,rG
4j a S-htp_�t�(isc>� 4a A Will ju+ lie Lem t P
.336)n
�
a4- ��� �1Sn �Yi oaA / / F/ny i�YU
For this reason I am requesting:
O Variance(s)from provisions of Section of the Zoning Ordinance,specifically from
(i.e.minimum depth ofrearyard).
What is allowed is (ft?sq ft?stories? W), and what I
am proposing is (ft?sq ft?stories?W).
(\AA Special Permit under Section , O of the Zoning Ordinance in order to 0 Y6W ../l-<
eZcH+-1 Llv n* cl +VoArtt, r yyw-j "1b Q1-sh?5 l,,I °J
( )Appeal of the Decision of the Building Inspector(described below):
( )Comprehensive Permit for construction of low or moderate income housing(describe below):
r 5C.
Current Property Use:&is d ",, Are Lot Dimensions Included?( Yes ( )No Why?
(Era pet Twn rami!,homei'
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 ip the Undersigned and relief may be granted without substantially
derogating from the intent and purpose of the Zoning Ordinance.
li•i
CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS
PETITION FORINT
The following written statement has been submitted with this application:
O 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 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.
KO(1 For all Special Permit requests a Statement of Grounds must be attached.An application for 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 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
0 Potential fiscal impact,including impact on City tax base and employment.
O 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 ofprevious applications to the petitioner or his
representative.
t. Fr" 71--e 7r-erL / If different from petitioner:
Petitioner: Den 1 Se_ St'l042c — Properly Owner: wl tITRK R i v E e- X>RAI7rl 1,&C,-
Address:I-1 li-b* :5,; to �aAo vnT. rY�A Address: 2 0 9 C514�GX - ' alt✓tit yl�R o tq 7 0
�r
Telephone: jpI7 -S 7-6 d(e S Telephones: / 978 71/y 737
Email: ®o�- � �f�-e 'h`.eeCf .ts»- Email: /""rv .h`� `L' wrftreoNlr� 7 .Gds-t
Signature:1LSignature: �a✓� f�il�fiwn
Date: -21 (Attached cone eller is also aeceptable)
�3�/S Date: Z - ZN - Z-0 IS
If different from petitioner:
Representative:
A TRUE Address:
ATTEST Telephone:
Signature:
Date:
CITY CLERK DATE DPCD DATE
This original application must be filed with the City Clerk.
Zoning Board of Appeals
120 Washington Street, 3`d floor
City Hall Annex
Salem, MA 01970
February 24, 2015
Dear Zoning Board of Appeals,
Far From The Tree LLC is requesting permission from the Zoning Board of Appeals for
the opening of a winery with a tasting room at 209 Essex Street, Salem. The winery with
abutting tasting room will allow those people of appropriate age the ability to sample
cider on the premises and purchase bottles of cider for off premise consumption as well
as merchandise associated with the cider house. The tasting room will be no more than
33% of the main building's gross square footage. The remaining square footage will be
used for the production of hard cider.
Our head cider maker is running out of space at our 102 Jackson Street location and
requires additional square footage for increased production needs. The 209 Essex Street
space would primarily act as an area to ferment, age and bottle cider in a location that is
already publicly accessible.
We would like to have the choice to open the tasting room to the public between the
hours of 12pm and 12am Monday through Sunday. City parking lots are available for
parking. The building of the tasting room would require the employment of artists and
interior decorators. The tasting room would require us to hire 2-4 employees to conduct
tastings.
The introduction of a tasting room to the building would have very minimal
environmental impact. Some glasses would need to be cleaned with water, increasing the
water usage and disposal by approximately 150 gallons a week. A handicapped accessible
mens and womens bathroom is available for public use within the building. Bathroom use
by the public would also increase water usage and disposal by approximately 448 gallons
per week assuming 40 uses per day at 1.6 gallons per flush.
The proposed tasting room will not be substantially more detrimental than the existing
nonconforming use to the neighborhood in accordance with Section 9.4 Special Permits.
The introduction of a tasting room into the area will improve the character and appeal of
the area to both residents of Salem and visitors to the area. In addition, the tasting room
will improve the current tourism industry of Salem as a whole by increasing the quality
and diversity of options for those visiting the area. The primary function of the cider
house is to produce cider using traditional methods with an emphasis on closely
mimicking the methods qd by American colonists. A tasting room would provide the
public and Far From The Tree a space for an open forum concerning cider production and
an opportunity for the public to learn how cider is made by seeing it first hand.
Please do not hesitate to contact us if you need further clarification.
Sincerely, D
Alej nape Denise Snape
Head of Cider Development Director of Business Operations
Phone: 617.877.1270 Phone: 617.877.0865
asnaae(@farfromthetreecider.com dsnape(nfarfromthetreecider.com
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209 ESSEX STREET - Winter River Realty
MARCH 19, 2014 First Floor Lease Plan 209 Essex Street
Salem,MA 01970
•
Rentable Area 1,476 at
Slopes do 6'1"to 1'
Insulated Enclosure
4
I Sloping support
CITY OF SALEM,MASSACHUSEM BOARD OF APPEALS
"."r -16 CITY OF SALEM hTI'SiASSACHUSE �6F 12 33
BOARD OF APPEALS F I L I 0
120 WASHINGTON STREET,3RD FLOOR CITY CLERK, SM. hA�J;
SALEM,MASSACHUSETTS 01970
�t%tA/INgUa � Thomas SL Pierre,Director of Inspectional Services f,^t�r`�
Phonc 978619-5641 /Fax:978-740-9846 FR NE
KIMBERLEY DRISCOLL Erin Schaeffer,Staff Planner
MAYOR Phone 978-619-5685/Fay 978-740-0404 FEB 2 4 2015
TO THE BOARD OF APPEALS:
DEPT. OF PLANN3.NG&
The Undersigned represent that he/s
he is/are the owners of a certain parcel of land located at: COMMUN17y DI=VEt0PMENT
Address: Q09 ECSP-t. )� � Nar, Zoning District:
An application is being submitted to the Board of Appeal for the following reason(s): This statement must
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 my 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. The current depth of my
rear vard is 32 feet;the proposed addition would reduce the depth of the rear yard to 22 feet.)
�tl,? ri��Slne 7 tr twin z�y [ ,t AL3
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!/�=k _rz an J) Ctrrt•f _
For this reason I am requesting: - -
O Variance(s)from provisions of Section of the Zoning Ordinance,specifically from
(i e. minimum depth of rear yard).
What is allowed is (ft?sq ft?stories? %?), and what I
a`m'proposing is (ff?sq ft?stories?W).
()kA Special Permit under Section , D of the Zoning Ordinance in order to /dLd 44&-
(4/t' ,-ht7v n- A 49&�,h2q MY-ki A PtGhr t�r' l 7�vta�(itn _
O Appeal of the Decision of the Building Inspector(described below):
O Comprehensive Permit for construction of low or moderate income housing(describe below):
t 5C
Current Property Use:Eramp�t�i] /f/NVI ro&,': a Are Lot Dimensions Included? ^" Yes ( )No Why?
( te. /.w Famity Home)) /�,
The Undersigned h1,reby 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 APPEM S
PETMON FORM
The following written statement has been submitted with this application:
O 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 hardship to the
applicant;and
c) Desirable relief may he 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.
(�(1 For all Special Permit requests a Statement of Grounds must be attached.An application for 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 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) Potential fiscal impact,including impact on City tax base and employment.
O 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 ofprevious applications to the petitioner or his
representative.
)GY, From 7i'.e 7r-e- / If different from petitioner:
Petitioner. L)eh r St _ snope - Property Owner: wltf T-tK Ri v E e.. F5AIvry I LC-
Address:1'b 'A* 5,'2 to �i(o_vnT✓nA Address: 20 q C5-,-�X a/e✓n+, rnA c ?7
q�r
Telephone: (01-7-S71'b1(c- S Telephone:
,,/ 978 711y Z'J7 F
Email:c(Sr``�oP-G/ra)-1 -eY,&Cri�.tom-�Email: 1""ry�67 uvs"iticcNIT ,Ccr^-7
Signature: 1�L11ir��w /JYys�a�C� Signature: �a✓� �U�fwp
� (Afmr6ed concert erter is also acceptable)
Date: .21-23JI S Date: Z - ZV - Z-0 IS
If different from pedlioner.
Representative:
A TRUE Address:
ATTEST Telephone:
Signature:
Date:
CITY CLERK DATE DPCD DATE
This original application must be filed with the City Clerk.
ti
Zoning Board of Appeals
120 Washington Street, 3" floor
City Hall Annex
Salem, MA 01970
February 24, 2015
Dear Zoning Board of Appeals,
Far From The Tree LLC is requesting permission from the Zoning Board of Appeals for
the opening of a winery with a tasting room at 209 Essex Street, Salem. The winery with
abutting tasting room will allow those people of appropriate age the ability to sample
cider on the premises and purchase bottles of cider for off premise consumption as well
as merchandise associated with the cider house. The tasting room will be no more than
33% of the main building's gross square footage. The remaining square footage will be
used for the production of hard cider.
Our head cider maker is running out of space at our 102 Jackson Street location and
requires additional square footage for increased production needs. The 209 Essex Street
space would primarily act as an area to ferment, age and bottle cider in a location that is
already publicly accessible.
We would like to have the choice to open the tasting room to the public between the
hours of 12pm and 12am Monday through Sunday. City parking lots are available for
parking. The building of the tasting room would require the employment of artists and
interior decorators. The tasting room would require us to hire 2-4 employees to conduct
tastings.
The introduction of a tasting room to the building would have very minimal
environmental impact. Some glasses would need to be cleaned with water, increasing the
water usage and disposal by approximately 150 gallons a week. A handicapped accessible
mens and womens bathroom is available for public use within the building. Bathroom use
by the public would also increase water usage and disposal by approximately 448 gallons
per week assuming 40 uses per day at 1.6 gallons per flush.
The proposed tasting room will not be substantially more detrimental than the existing
nonconforming use to the neighborhood in accordance with Section 9.4 Special Permits.
The introduction of a tasting room into the area will improve the character and appeal of
the area to both residents of Salem and visitors to the area. In addition, the tasting room
will improve the current tourism industry of Salem as a whole by increasing the quality
and diversity of options for those visiting the area. The primary function of the cider
house is to produce cider using traditional methods with an emphasis on closely
mimicking the methods used by American colonists. A tasting room would provide the
t�
r
public and Far From The Tree a space for an open forum concerning cider production and
an opportunity for the public to learn how cider is made by seeing it first hand.
Please do not hesitate to contact us if you need further clarification.
Sincerely, ����))
� v'
Ale nape Denise Snape
Head of Cider Development Director of Business Operations
Phone: 617.877.1270 Phone: 617.877.0865
asnaye n,farfromthetreecider.com dsnape@farfromthetreecider.com
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209 ESSEX STREET - Winter River Realty
MARCH 19, 2014 First Floor Lease Plan 209 Essex Street
Salem, MA 01970
•
Rentable Area 1,476 sf
Slopes do 61"to 1'
Insulated Enclosure
Sloping support -
Fri° �1TAq � CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
120 WASHINGTON STItCL''I *SALNM,MASSAGHUSE"CCS 01970
TELE:978-619-5685 ♦FAX:978-740-0404
KIMBPRI.LY DRISCOIJ,
MAYOR
City of Salem
Zoning Board of Appeals
Will hold a public hearing for all persons interested in the petition of FAR FROM THE TREE CIDER,
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 and a tasting room located at 209
ESSEX STREET (B-5 Zoning District).
The public hearing will be held on Wednesday, March 18, 2015 at 6:30 PM, in Room 313, 3`d floor at 120
Washington Street in accordance with Chapter 40A of the Massachusetts General Laws. A copy of the
application and plans are on file and available for review during normal business hours at the Department
of Planning & Community Development, City Hall Annex, 3`d, 120 Washington St, Salem, MA. .
Rebecca Curran, Chair
Board of Appeals
Salem News: 3/4/15 and 3/11/15