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102-108 JACKSON STREET - ZBA b -�0 830.ck Sorl SAVpte� Fac Fcvm -tti e.-�rae. c�d�c I i universal, www.myuniversalop.com phone:1-666-756.4676 VwU3 Zoning Board Proiect Status Sheet Address & Applicant: Date Submitted to BOA: May-cy, 24.,Zoss r✓Clerk Stamp: Variances Only - Constructive Approval Date: rfoo days From filing) c!� Abutters List Requested: Abutters Notice Sent: Notice to to Abutting Cities & Towns, Councillors: Q Legal Notice posted at City Hall: c r 4 days before nw e ingK s� Legal Notice Emailed & Confirmed: az,-Legal Notice Posted on Web: s Agenda to Applicant: s /, 8 Applicant's email address or fax number to send agenda: Opened at Meeting: 5 -2 ! Continued Meetings: Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: Decision: C,, �—, ,,OA-e r Decision Filed: Appeal Period Over: L 'rti)` day after( •vision Piled) Decision Sent to Applicant: Notice of Decision Sent to abutters cities and towns councillors: �s = �, z8' `� a i �.� � � ZBA ACTION FORM BOARD MEMBERS MOTION SECOND VOTE Date: Rebecca Curran (Chair) Peter Co elas (Vice Chair) Petitioner: Tom Watkins ,Fo-c cove R e e Mike Duffy e_\d.4;_�V- ' Richard Dionne Address: firruny Tsitsinos (Alternate) Total: Conditions: It Petitioner shall comply with all city and state statutes,ordinances, codes and regulations. 10 All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. 5D 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(50%) of its replacement cost or more than fifty percent(50%)of its floor area at the time of tJ destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance. IDS ❑ ❑ ❑ riAIR ? L. Z0 5 CITY OF SALEM,MASSACHUSETTS B0APV0F>` F - 1 -.�,:.,.. :ANT �o�P PE1TfION FORIVI 'Vk- CITY OF SALEM,MASSACZIUSEM `'moi BOARD OF APPEALS AJ n�? aC j 120 WASHINGTON 5111 M-1',3an FLOOR mss- SALEM,MAS'SAC:HUSETTS 01910 a.'y�,CtMIiVE� Thomas SL Pierre,Director of Inspectional Services o Phone:978-619-5641 /Fax:978-740-9846 r n y P.Raei:Ri.F:v DRrseori. Erin Schaeffer,Staff Planner MAYOR Phone:978-619-5685/Far:978-740-0404 =ter= N u rn C TO THE BOARD OF APPEALS: m 3 The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: 3 w > N Address: &2-/03 „)Y-lSei, Slraa,,t'-- Zoning District: is 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 yard is 32 feet:the proposed addition would reduce the depth of the rear yard to 22 feet.) Q(411 p o /vim G irrl JT 2 L1 Ica g "n112lyra"A4 / vrm ff32 a-?" .�.� �✓1'"t'IV$. /_O Ctl >� �cZxl c r 111 Gam. r . P,(? For this reason i am requesting: ( )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 1 am proposing is (ft?sq ft?stories?%?). (AA Special Permit under Section C-) of the Zoning Ordinance in order to rt y i dt f ria-hop ?� O Appeal of the Decision of the Building Inspector(described below): c. O Comprehensive Permit for construction of low or moderate income housing(describe below): Current Property Use: IJUAre Lot Dimensions included?(�Yes O No Why? (Example:Two Fom Hoate) ✓� 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 P=ON FORM The following written statement has been submitted with this application: O For al I 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. 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 he 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§20-25. 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 different from petWonerr. Petitioner: Dew,%Ise Srtnnt Property Owner: 4 ji tQ t Address: ' � "Address: e f Telephone: (017-0 7-03�Zs Telephone: �) � ?Y fes` 10(.2 Email:d4nr-s1.r^, SaWle Q ,rna:l, la J Email: i l� hot* tp 6 e wl. Signature: Signature: / (Artaphed c me I teller is at"acceptable) Date: 31d 411,96 Date:_ Ifdifferent 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 March 24, 2015 Dear Zoning Board of Appeals, Far From The Tree LLC received permission from the Zoning Board of Appeals on September 17, 2014 to open a winery with a tasting room at 102 Jackson Street. Since the approval we have expanded in the current space and would like to build our tasting room on location in an adjacent space to our current winery, 102-108 Jackson Street(corner of Jackson and Jefferson). The winery with 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 located at the corner of Jackson and Jefferson and will be no more than 33% of the entire winery's gross square footage. We would like to have the choice to open the tasting room to the public between the hours of 1.2pm and 11 pm Monday through Sunday. This location comes with ten parking spots and additional on street parking spots are available. 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 bathroom will be 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, D—e'er++" Denise Snape Director of Business Operations Phone: 617.877.0865 dsn aoe(o,farfromthetreecider.com R E C E-11,V i APR 24 201'5 f j v Main Entrance DEPT. OF PLP.'!\I?!O E. COMMUNITY C VE,OPPAENT 1187.5 sq.ft. ' ( a a� .:.W .3.. " o 2,067.5 sq.ft. Total O I ula \ 689.16 sq.ft Tasting Room in 440 sq.ft. a \ Large Room 0 1 � N % �Q %1M!W1A la 440 sq.ft. Bulkhead= Basement • rL LdCV! sur � �� ' `•n`rR..'�.bnw�P s �„ E Io�Ittus � •nr•r { '- r G} f'•. '.ew.i @F - ryr/Iymq�ngs�"�.�9t�y I jt Y 6 � f LOT AREA • a BP t v tf � ����d�� sem' �,'�'f �idFjr✓ eL- It co 3*0 -4014 4 y ror+c ttrioe�tetRl�,�lr t+MRh t� ,�` .•c,. +. .... G' '9t+" �•�!� `, �' k � >tre s t+ovq uarutw Rrwu+rrm ..� e <� r ,• � t. n „ � RIAI s Ream wRlt wt.s►.m 'IV�,� ' - / y 'Qac �..' - f• P`O ,.CYF�Ia� O t'MtlMtRIM RbYtb F 6tM � ,t•a � ` t � - f � !' xnri.0 ^"` 1. . �` yy .• y�.i #: City of Salem Department of Planning Check/Cash Receipt and Tracking °evelopment g Form P/ease comp/ate form and make two copies. Date Received Amount Received 3 Z-9 Form of PaymentCheck�S Client Information EJ Money Order CASH PAYMENTS: client initials ❑ Sign Permit Application Fee ❑ Conservation Commission Fee Payment received for what [Planning Board Fe/ZBA J service? _f� ❑ SRA/DRB Fee ❑ Old Town Hall Rental Fee ❑ Other: Name of staff person receiving payment Additional Notes Place Check Here When Photocopying Form Original Check and Form: DPCD Finance COPY 1: Client COPY Z: Application Fiie � 2 • ��OIdtAT,L,p CITY OF SALEM MASSACHUSETTS a,_ BOARD OF APPEAL ...MlryE D 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 UN —3 A 4 36 KIMBERL.EY DRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846 FILE # MAYOR CITY CLEPK, SALEM.MASS. June 3, 2015 Decision City of Salem Board of Appeals Petition of DENISE SNAPE, FAR FROM THE TREE CIDER,requesting a Special Permit per Sec. 3.0 Table ofPdncipal and Accessory Use Regulations of the Salem Zoning Ordinance, in order to allow a tasting room to an adjacent space to an existing brewery, distillery or winery with a tasting room located at 102- 108 JACKSON STREET (Map 25 Lot 390) (B-4 Zoning District). A public hearing on the above Petition was opened on May 20, 2015 pursuant to M.G.L Ch. 40A, � 11. The heating was closed on that date with the following Salem Board of Appeals members present: Rebecca Curran (Chair), Peter Copelas,Jimmy Tsitsinos,Tom Watkins and James Hacker. 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 to allow a brewery, distillery,winery with a tasting room. Statements of fact: 1. In the petition date-stamped March 24, 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 winery, brewery, distillery with a tasting room adjacent to an existing brewery, distillery, and winery with a tasting room. 2. Petitioner,Ms. Denise Snape,presented the petition. 3. The written petition proposed a tasting room only located in an adjacent space to an existing brewery, distillery or winery. The petitioner amended the petition at the public meeting to include a proposal for a brewery, distillery, winery with a tasting room. The proposed brewery, distillery, winery with a tasting room is located in a detached and distinctly separate building from the existing brewery, distillery or winery with a tasting room located at 102 Jackson Street. 4. The City of Salem Zoning Ordinance defines a brewery, distillery, or winery with a tasting room as a business located in a building where the primary use is for the production and distribution of malt, spirituous, or vinous beverages with a tasting room as defined in Section 10.0. A tasting room is defined as a room attached to either a brewery, distillery or winery that allows patrons to sample or 38. wine, beer, and other alcoholic beverages that are produced on-site in accordance with M.G.L. c.consume A tasting room may not be greater that thirty-three (33) percent of the main building's gross square footage. 5. At the May 21, 2015 public meeting, the petitioner testified that a portion of production from the adjacent existing brewery, distillery or winery will be moved to this new proposed adjacent location and operate as a brewery, distillery or winery with a tasting room in accordance with the City of Salem Zoning Ordinance. In particular, the proposed brewery, distillery, winery production will be approximately 66% of the total square footage of the proposed location and the tasting room will be no larger than 33% of total square footage. The proposed tasting room is approximately 689.16 square feet. City of Salem Board of Appeals June 3,2015 Project: 102-108 Jackson Street Page 2 of 3 6. The Zoning Enforcement Officer, Thomas St. Pierre concurred that, as presented, the petition to allow a brewery, distillery or winery with a tasting room is consistent with Ordinance. the Salem Zoning 7. The location has eight (8) on-site parking spaces. 8. The proposed hours of operation for the tasting room Sunday through Thursday, 12m-9m Fri through Saturday 12pm-1lpm. ppday 9. It is estimated that daily water usage and disposal will increase by approximately 150 gallons per week for washing glasses and 448 gallons per week for public bathroom use. 10. The requested relief, if granted, would allow a brewery, distillery or winery with a tasting room. 11. At the public hearing, one (1) member of the public spoke in support and no (0) members spoke 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: Findings The proposal at the public heating is consistent with the definition of a brewery, distillery, winery with a tasting room Section 10.0 of the City of Salem Zoning Ordinance. Findings 1. The construction of a tasting xoom would serve social, economic or community needs by employing artists and interior decorators for the construction of the tasting room and employing two to four (2- 4) TIPS certified employees to conduct tastings. The tasting xoom will also improve the current tourism industry by increasing the quantity and diversity of options for those visiting the area. 2. The parking area on the premises can accommodate eight (8) on-site parking spaces. 3. The tasting room will have minimal impact on parking, traffic flow and safety. 4. The proposal has a minimal impact the environment and adequacy of utilities. It is estimated that daily water usage and disposal will increase by approximately 150 gallons pet week fox washing glasses and 448 gallons per week for public bathroom use. 5. The tasting room would not be substantially more detrimental that the existing nonconforming use of a scooter repair shop to the neighborhood. On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor (Rebecca Curran (Chair), Peter Copelas, Jimmy Tsitsinos, Tom Watkins and James Hacker) and none (0) opposed, to approve the requested Special Permit to allow a brewery, distillery and winery tasting room to an adjacent space to an existing brewery, distillery or winery subject to the following (1) Special Condition and note (9) standard terms, conditions and safeguards: Special Condition: The hours of operation shall be limited to Sunday-Thursday, 12pm-9pm and Friday to Saturday 12pm-1lpm to be adhered. After six (6) months the petitioner may request an expansion of hours of Operation from the Zoning Board of Appeals. City of Salem Board of Appeals June 3,2015 Project: 102-108 Jackson Street Page 3 of 3 Standard: I. 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 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. 9. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. I.CA n'a.4 _ Rebecca Curran, Chair Board of Appeals A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal fmm this decision, if any, .shall be made pursuant to Section 17 of the Massachusetts Genera!Lows Chapter 40A, and,shall be filed unthin 20 days of fikng of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Vanance or Special Pernrit granted herein shall not take Beet until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. CITY OF SALEM ASSESSOR'S CERTIFICATION OF ABUTTERS AND "PARTIES IN INTEREST" BOARD/COMMISSION: Zoning Board of Appeals PROJECT SITE 102-108 Jackson { DATE: 3/25/2015 DESCRIPTION OF REQUIREMENT: Parties in Interest: The applicant Abutters Owners of land opposite any street or way Abutters and abutters to abutters within 300 feet Planning boards of abutting cities and towns This is to certify that the time of the last assessment for taxation made by the City of Salem, the names and addresses of those listed on the attached sheets are "parties in interest" (as defined by Massachusetts General Law Chapter 40A, Section 11) to the parcel(s) of land listed above as the project site. Assessor's Signature: X::�� Date: &3o ) Number of initialed pages attached: Once Certified,Return to: Erin Schaeffer Department of Planning and Community Development '' � w}'I r-o�j `°i°r'`92 V��°/vt'® `.. ►1 S ij =va'S►j' � ® s,��i��� . 1 r Id• I' Op ' VA s��® s`�� #t` K4lr 1 ! . .• - 1 ff �! M. RL7� \ f •p 4'-",��` ire.. � I 4'a. `ai�rr rr tUD - �1rr�1 i � A7�1lVJr1+ r� w' � �,,� a I i'^afr,i7Lrd4 kn . . - 1 1 •. 1 art- � 1idf11�Ynr 'w'�l�y' . - •• +.. iIr F 1Fi u��ae• ±TSR rtt°C'I troy �� . . • 1 1 •• 1 . .c sly,R14 r v 'r�4� 1.�{.i' LT� • . • 1 1 1 R- ` "sI PA - - ��-. 21,00 'rovnd abbo✓ 25_0395_0 25_0477_0 25 0393_0 LEEMILTS PETROLEUM INC GOMEZ JOSE S&F-KiN&C-9441C 69-71 HATHORNE STREET I04446H-"SP9tlf`P@'9Yg EAS�AfEAB SALEM,MA 01970 BOS'T(3N,M* B'24s0 -fvjD tr)cho pictle, 5i"e I10 l y Y4mc,,,\da 01 f i ch o�N 1115 S q]_�yy�� ) n¢} 0 Ig-10 25_0396_0 'FAneVino Y11oJ..1 25_0288_0 25_0657_0 �ANA'.'IP1G9"J I WELLER SCOTT LABONTE PETER J 17 CALABRESE STREET 72 HATHORNE ST 10 MT VERNON STREET SALEM,MA 01970 SALEM,MA 01970 MIDDLETON,MA 01949 25_0397_0 25_0478_0 '13 v o!3 TI q i o l 1 din el 25_0392_0 HIGLEY MARK S SFAN6&MA41-Y J -..1 FIRST JACKSON REALTY TRUST 19 CALABRESE STREET 73-75 HATHORNE ST 92 JACKSON ST SALEM,MA 01970 SALEM,MA 01970 r SALEM,MA 01970 25_0293_0 25_0287_0 JAns'Teensbvy- CA I1�1 25_0280_0 HAMMOND KATE 1�A 91 AP NO RICHARD L 54 HATHORNE ST 78 HATHORNE ST 93 JACKSON STREET SALEM,MA 01970 \ SALEM,MA 01970 SALEM,MA 01970 25_0292_05un f�f+'Yd{Lyv 25_0479 �I_0 rl bpV Cl A{enLe 25_0281_0 MACE 1 a°� °—.^'k A I SS� BACCARI SUSAN 58.HATHORNE ST 79 HATHORNE ST 95 JACKSON STREET SALEM,MA 01970 SALEM,MA 01970 SALEM,MA 01970 25_0291_0 25_0286_0 I'Q m ey 25_0282_0 ZERVOULIAS ANGELO SPEICHER C4IARFi?�-CLYx+ F P 62 HATHORNE STREE 8@qH#PX6RNE-8Tft ET 4090449* z 4N-WAY SALEM,MA 01970 SALEM-kf*-M97n' IRAil -9'X' 5963 3-75 "lRani�0v1 Sfi #y0S 1' oft,heS0� {�tiiliP Vett) 1YI 01915 111 ma; . slre4t i�_Ps_£,_zl dn.R o 19 4 3 25_0475_0 25_0285_0 25_0283_0 ARTHUR JOHN R JACKSON ERIC K REINEKE JOHN F 56 ORCHARD STREET 86 HATHORNE STREET 9.�j,A,ejESeN 8+ SALEM,MA 01970 SALEM,MA 01970 SA"N..�,..4,A 4,A.-e." ^'^'0 36CAnd1eWood lW ve 1`o S F,'¢-I Clri114 0-).g 4 3 25_0290_0 25_0391_0 25_0480_0 THINNES-WHITMAN TRISTAN ANASTASI REALTY CORPORATION MOFFAT REALTY TRUST 64-66 HATHORNE STREET 100 JACKSON STREET P O BOX 108 SALEM,MA 01970 SALEM,MA 01970 SALEM,MA 01970 25_0476_0 25_0284_0 25_0389_0 TOBIN PATRICK W GARRANO CONCETTA T I I ALGONQUIN ROAD PIAZZA MICHELANGELO 22 i.naoi�aric$ce. DANVERS,MA 01923 95126 CATANIA,ITALY ITALY SALEM,MA 01970 t.E. Morice.sen Tnc. 36 3� Seon Fl✓e. 25_0289_0 25_0390_0 25_0388_0 VELOUKAS ELAINE A T T E ANDRESEN INC 56 ESSEX STREET U2 102 JACKSON STREET L%-C `joVi011IJEFFERSON AVE SALEM,MA 01970 'E.�-. N!,NIA","'�m`9% 'SALEM,MA 01970 1 je{ferS0Y3 Ig�erIJ2 S_q1—o t?t�0_19�0 25_0387_0 1&G REALTY TRUST 4@6 ESSEX T SALEM,MA 01970 'l Gw11 o w s Cir C-Lc- 25_0652_0 U-HAUL REAL ESTATE COMPANY P O BOX 29046 PHOENIX,AZ 85038-9046 25_0386_0 DACUNHA AUGUSTO P 8 JILLS WAY PEABODY,MA 01960 25_0653_0 LINSKEY WILLIAM a�1 14-1 3e ue-son SALEM,MA 01970 25_0651_0 SALEM CITY OF ,MA 25_0654_0 NEWARK BOXBOARD CO PO BOX 92108 AUSTIN,TX 78709 24_0120_O MASS BAY TRANS 53 JEFFERSON AVE SALEM,MA 01970 24_0120_1 MASS BAY TRANS 53 JEFFERSON AVE SALEM,MA 01970 Leemilts Petroleum Inc Ziad Fouad Nabbout Michael Buaonifiglio Two Jericho Plaza Ste 110 14 Amanda Way 73-75 Hathorne Street Jericho NY 11753 Salem, MA 01970 Salem, MA 01970 Caitlin Vansteensburg Andrew Payson Clarence Tribou 78 Hathorne St 58 Hathorne Street 79 Hathorne Street Salem, MA 01970 Salem, MA 01970 Salem,MA 01970 James Speicher Philip Marchese John Reineke 375 Rantoul Street#405 111 Main Street 36 Candlewood Drive Beverly, MA 01915 Topsfield, MA 01983 Topsfield, MA 01983 TE Anderson Inc. 102 Jackson Street LLC TE Anderson INC 36-38 Jefferson Ave 1 Jefferson Ave 36-38 Jefferson Ave Salem, MA. 01970 Salem, MA 01970 Salem, MA 01970 J & G Realty Trust William Linskey 7 Gallows Circle 47 Jefferson Ave Salem, MA 01970 Salem, MA 01970 rCity of Salem Zoning Board of Appeals Will hold�:public,hearing for all P4 interested IV the petition of DENISE SNAPE, requesting a (Special Permit per Seca 3.0 Table of Principal and Accessory Use Regulations of Salem Zoning Or- dinance, in order to allow a tasting .room to an adjacent space to an ,existing brewery,distillery or winery with a tasting room located at 102- •108 JACKSON STREET (MAP 25 SLOT 390)(B-4 Zoning District). } The public hearing will be held on. Wednesday, May 20, 2015 at 6:30 IPM, in Room 313, 3rd floor at 120 Washington Street. I Rebecca Curran,Chair Board of Appeals SN-5/6,5/13/15 a; T City o'Salem Zouing Eoai i of Appeals Will hold a public hearing for all persons interested in the petition of DENISE SNAPE, requesting a Special Permit per Sec. 3.0 Table sof Principal and Accessory Use Regulations of Salem Zoning Or- dinance, in order to allow a tasting room to an adjacent space to an existing brewery,distillery or winery with a tasting room located at 102- 108 JACKSON STREET (MAP 25 LOT 390)(B-4 Zoning District). The public hearing will be held on Wednesday, May 20, 2015 at 6:30 - PM,in Room 313, 3rd floor at 120 1 Washington Street. Rebecca Curran,Chair Board of Appeals SN-5/6,5/13/15 CITY OF SALEM, MASSACHUSETTS /��•:. �o BOARD OF APPEAL 7 120 WASHINGTON STREET♦SALEM,MASSACHUSETTS 01970 T�=:978-619-5685 0 FAX:978-740-0404 KIWERLEY DRISCOLL MAYOR s� �-1 N City of Salem Zoning Board of Appeals x� tnm Cr Will hold a public hearing for all persons interested in the petition of DENISE SNAP," requkSting a Special Permit per Sec. 3.0 Table of Principal and Accessory Use Regulations of the Salem A8ning Ordinance, in order to allow a tasting room to an adjacent space to an existing brewed, disti[Wry or winery with a tasting room located at 102- 108 JACKSON STREET(Map 25 Lot 390) (B-4 Zoning District). The public hearing will be held on Wednesday, May 20, 2015 at 6:30 PM, in Room 313, 3rd 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, 3rd, 120 Washington St, Salem, MA. Rebecca Curran, Chair Board of Appeals Salem News: 5/6/2015 and 5/13/2015 This notice posted on "Official Bulletin Board" City Hall, Salem, Mass. on MAY O 6 ��� at A',ff 1 �1 in accordance with M hap. 30A, Sections 18-25. RECE7ir l CHPY OF S t f F n AI�I,MASSACHUSETTS BOARD&AftALS . I�oeol q> ti �,PE1T OON FORM :. %v "lc@ CITY OF S 1I EM,MASSAC 1 TUSEM _ BOARD OF APPEALS < a1' 120 WASHINGTON S11WET,3an FLOORAf, rn a Y, SALEn3,1vi11SSACHUSETTS 111970 ^' Thomas St Pierce,Director of Imspccrional Services "n -- Phone:978-619-5641 /Fas:978-740-9846 -D KrMaear.ev DRISCOLL Erin Schaeffer,Staff Planner 3 MAYOR Phone:978-619-5685/Fax:978-740-0404 _� W 1, N TO THE BOARD OF APPEALS: C. —t The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: Address: /021—/03 Lr2GLr.^.n JAi--e,2-W— Zoning District: jS An application is being submitted to the Board of Appeal for the following reasou(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 yard is 32 feet;the proposed addition would reduce the depth of the rear yard to 22 feet) 0 7 0 (Dr /l.Ju �G Z �Z•<.n p or z3 rra-F i"�� s� r1- (jjto.o is, r7 -,l Rgo i-zsg_ ¢/— Pgf&vC-- j-PZAO CqCr— !tet G c e42 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? %7), and what 1 am proposing is (ft?sq ft?stories?W). (�A Special Permit under Section 3.Q of the Zoning Ordinance in order to a{I�,t,) c` ( )Appeal of the Decision of the Building Inspector(described below): O Comprehensive Permit for construction of low or moderate income housing(describe below): Scua-� Qom;,. Current Property Use: , Are Lot Dimensions Included?(�tf Yes ( )No Why? (&ample:Tiro Fpm H—.) ✓X\� 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 substantial ly derogating from the intent and purpose of the Zoning Ordinance. t (QTY OF SALEM,MASSACHUSETTS BOARD OF APPEALS PETITION 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 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. Z`A,For all Special Permit requests a Statement of Grounds must be attached. An application for a special permit for J 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 I) 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 of previous applications to the petitioner or his representative. -If differentfrom.�lpetitionepetitioner- - Petitioner: ig n:Se dna -, Property Owner: //6. �l^t 4, i i� Address:-Z6n?lKk Xi', Address: v t� -r(c - > Z 4", A ".2 Telephone: (0(7-0 7-06ks Telephone: �S „��� YOU t, Email:clrnr.>e.wr. Sagp�c 4-;- 4 ,,7Entail: ..� t � _lC /`' Vc rpt C 4'Nt Signature: Signature: (Atracbed asew fetter is also acceptable) Date: -3IapV,5oiDate: , 2-1Y _ Ifdifferent 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 March 24, 2015 Dear Zoning Board of Appeals, Far From The Tree LLC received permission from the Zoning Board of Appeals on September 17, 2014 to open a winery with a tasting room at 102 Jackson Street. Since the approval we have expanded in the current space and would like to build our tasting room on location in an adjacent space to our current winery, 102-108 Jackson Street (corner of Jackson and Jefferson). The winery with 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 located at the corner of Jackson and Jefferson and will be no more than 33% of the entire winery's gross square footage. We would like to have the choice to open the tasting room to the public between the hours of 12pm and l 1pm Monday through Sunday. This location comes with ten parking spots and additional on street parking spots are available. 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 bathroom will be 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. I y Please do not hesitate to contact us if you need further clarification. Sincerely, Denise Snape Director of Business Operations Phone: 617.877.0865 dsnaoena,farfromthetreecider.com Main Entrance 241 00.5 V 1` COMMU !"- y & .y v i ' 1187.5 sq.ft. ,a 2,067.5 sq.ft. Total 689.16 sq.ft Tasting Room in 440 sq.ft. r" Large Room I" I 440 sq.ft. Bulkhead= Basement r all! i q Cfo < t r„ ) ra m e tip A NJ di CO leg j & Q c ,f CITY OF SALEM LEGAL DEPARTMENT. rl -- 93 WASHINGTON STRUT+$AiF.h1,lYlA.SSACHUSIfr501970 Klmmexr.av DRiSCOLc THL:978-745-9595♦FAx:97&744-1279 MAYOR Eli]ABBTFI RBNNARD,ESQ. VICTORIA CALDwF�r ESQ. CITY SOLICITOR ASST.Cr1Y SOLicri'OR bremazd(tdsalcm.com vcalAwdl�salem.wm To: Thomas St.Pierre,Building Commissioner From: Elizabeth Rennard, City Solicitor 7t1 Re: Opinion-Tasting Room at 102-108 Jackson St. Date: May 8,2015 ----------------------------------------------------------------- ----------------------------------------------- You have asked my opinion relative to a proposed tasting room in an existing building at the. corner of Jackson Street and Jefferson Avenue, 102-108 Jackson Street. There are two buildings on this lot, not connected in any fashion. The applicant proposes to brew cider in one building and provide tastings in a separate building. The proposed tasting room would occupy the building that current houses a scooter shop. The City's Zoning Ordinance permits a brewery, distillery, or winery with a tasting room only by special permit from the Zoning Board of Appeal. A brewery,distillery, or winery with a tasting room is defined as: "A business located in a building where the primary use is for the production and distribution of malt, spirituous, or vinous beverages with a tasting room as defined in Section 10.0...." A tasting room is defined as: A room attached to either a brewery, distillery or winery that allows patrons to sample or consume wine, beer, and other alcoholic beverages that are produced on-site in accordance with M.G.L. c. 138. A tasting room may not be greater than thirty-three (33)percent of the main building's gross square footage." (emphasis added).. It is my opinion that the application you have described does not qualify for a special permit because the primary use for the building housing the tasting room is 100% of the gross square footage of the building. The ordinance requires that a tasting room be attached to a brewery and limited in size to 33%of the main building's gross square footage. Beverages that are consumed must be brewed on-site. Page 1 NIAR 2 4 20 QTY OF SALEM,MASSAcnusmsMpAm.OF,APPEALS coNnlT c`PEMON_FORM, ,�Pv."`. '` ,%• CTI1r OF Se EM,MASSA(:IIUSEM BO kRD OF APPEAL-S r� 120 WASHINGTON SPRL•'lVf,3an FLOOR r' 9�s IEtf Ivf1SSA(RIUSETTS01970 SA — G o C�1'�NE Thomas Se Pierre,Director of Tnspectional Services rn Phone:978-619-5641 /Fax:978-740-9846 r- m, b T 7J KIMHFRI.FY DRISCOI.1. Erin Schaeffer,Staff Planner MAYOR Phone:978-619-5685/Fax:978-740.0404 `" N TO THE BOARD OF APPEALS: — U The Undersigned represent that he/she istare the owners of a certain parcel of land located at: ? w yr N Address:� S`.eaW— 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: 1 am proposing to construct a IO'x IO'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 yard is 32 feet,,the proposed addition would reduce the depth of the rear yard to 22 feet.) c 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 1 am proposing is (jt?sq ft?stories?%?). (AA Special Permit under Section .10 of the Zoning Ordinance in order to ixJtut P .0 f 6" 1-177,-hr z p r ( )Appeal of the Decision of the Building Inspector(described below): O Comprehensive Permit for construction of low or moderate income housing(describe below): Sc�sl-� Q:,.�- Current Property Use: _/Are Lot Dimensions Included?(,(j Yes ( )No Why? (Example:Two Fam Hame) iV�\� 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. MY OF SALEK MASSACHUSETTS BOARD OF APPEALS PETITION 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 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 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 ofprevioms applications to the petitioner or his representative. If tk;fjerent froth peridone-r, Petitioner:De n-Se Sncin Property Owner: /6 t 4j,ej Address: roles 9:1- Address: l -e { ' . d t"r Teleph(ne: lei -577'06i�S Telephonc: F)S 7�ff� 790Q s, Email:JrnrS?- h � , ("-) �1YGP C7 » C Signature: L)? £ Signature: (Amached concent letter is also acceptable) Date: -%a�/f�p1�_ Date:�_,7G/�aJi Ifdi,(j'erent from petidoner. Representative: A TRUE Address: ATTEST Telephone: Signature: Date: CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk f - i \' Zoning Board of Appeals 120 Washington Street, 3`d floor City Hall Annex Salem, MA 01970 March 24, 2015 Dear Zoning Board of Appeals, Far From The Tree LLC received permission from the Zoning Board of Appeals on September 17, 2014. to open a winery with a tasting room at 102 Jackson Street. Since the approval we have expanded in the current space and would like to build our tasting room on location in an adjacent space to our current winery, 102-108 Jackson Street (corner of Jackson and Jefferson). The winery with 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 located at the corner of Jackson and Jefferson and will be no more than 33% of the entire winery's gross square footage. We would like to have the choice to open the tasting room to the public between the hours of 12pm and I 1pm Monday through Sunday. This location comes with ten parking spots and additional on street parking spots are available. 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 bathroom will be 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, �M. Denise Snape Director of Business Operations Phone: 617.877.0865 dsnaoe(i,farfromthetreecider.com f e 7gg�.,y�f.�•x�v . Main Entrance , 1187.5 sq.ft. 5B 2,067.5 sq.ft. Total \ O 689.16 sq.ft Tasting Room in 440 sq.ft. Large Room o �5 II � pp 440 sq.ft. Bulkhead= Basement i 1Y Irma ri O � ! ' ray.•b, ���$ i 41 bb a t ltd 'rc.. L ' 4 r �onwtTgyQ;. CITY OF SALEM, MASSACHUSETTS }moi BOARD OF APPEAL 120 WASHINGTON STREET♦SALEM,MASSACHUSE"PTS 01970 1% TELE:978-619-5685 ♦ FAX:978-740-0404 Ki NIBERLEY DRISCOL.L MAYOR City of Salem Zoning Board of Appeals Will hold a public hearing for all persons interested in the petition of DENISE SNAPE, 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 tasting room to an existing brewery, distillery or winery with a tasting room located at 102- 108 JACKSON STREET (B-4 Zoning District). The public hearing will be held on Wednesday, April 15, 2015 at 6:30 PM, in Room 313, 3rd 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 Ad Dates to Run in Salem News: 4/1/2015 and 4/8/2015 Remit Bill To: Denise Snape, PO Box 526, Salem, MA 01970 Petitioner Phone#: (617) 877-0865 7 CITY OF SALEM, MASSACHUSETTS r BOARD OF APPEAL 120 WASDIS MAY 13 A & �r WASHINGTON STREET 1 SALEM,MASSACHUSETTS 01970 O KIMBERLEYDRIscoLL TELE:978-745-9595♦ FAX:978-740-9846 MAYOR CITY C FILE # jE Rh, SALEM, MASS MEETING NOTICE You are herby roti ed that the Salem Zoning Board o(App ealr will hold its regularly scbedmled meeting on Wednesday,May2Q 2015 at 6.30P.m. at City HallAnnex,RM 313, 120 Warhington S4,Salem,MA Rebecca Curran, Chair MEETING AGENDA I. ROLL CALL II. APPROVAL OF MINUTES April 15,2015 III. REGULAR AGENDA Project A public hearing for a petition seeking a Special Permit per Sec. 3.0 Table of Principal and Accessory Use Regulations of the Salem Zoning Ordinance,in order to allow a tasting room to an adjacent space to an existing brewery,distillery or winery with a tasting room. Applicant FAR FROM THE TREE CIDER CO) Location 102- 108 JACKSON STREET (Map 25 Lot 390) (11 4 Zoning District) . T ti M M 0 t Project m V 1 A public hearing for a petition seeking a Variance requesting relief from Sec. 4.1.1 Table ;P oo of Dimen.nonal Requirements from minimum lot area per dwelling unit to convert a garage 0 Na into a dwelling unit. The petitioner is also seeking a Special Permit per Sec. 3.3.3 CnX Nanconfomring Structures of the Salem Zoning Ordinance, to alter the use of an existing ii ^r3 nonconforming structure. ii Applicant MARZA,LLC u Q w Location 114 MARGIN STREET (Map 25 Lot 500) (R2 Zoning District) O 0 v 0 Project A public hearing for a petition seeking a Variance requesting relief from Sec. 4.1.1 Table « C of Dimen conal Requirements from a side-yard setback of the Salem Zoning Ordinance, to O m construct a rear deck. N Applicant M. PERRY MCINTOSH and RICHARD LUECKE °i n Location 2 RIVER STREET (Map 26 Lot 617 R2 Zo ( ning District) o m �C C Aa FU A Pagel of 2 City of Salem Board of Appeals Agenda for May 20,2015 Meeting Project A public hearing for a petition seeking Variances requesting relief from the requirements of Sec. 4.1.1 Table of Dimensional Requirements of the Salem Zoning Ordinance,to allow a reduction in minimum lot area,minimum lot size per dwelling unit,and minimum lot frontage required to create a rear lot. Applicant MICHAEL BECKER Location 46 SCHOOL STREET (Map 27,Lot 7) (R2 Zoning District) Project A public hearing for a petition seeking Variances requesting relief from the requirements of Sec. 4.1:1 Table of Dimensional Requirements of the Salem Zoning Ordinance,to allow a reduction in minimum lot area and minimum lot size per dwelling unit to create a rear lot. Applicant MICHAEL BECKER Location 48 SCHOOL STREET (Map 27,Lot 5) (112 Zoning District) Project A public hearing for a petition seeking Variances requesting relief from Sec. 4.1.1 Table of Dimensional Requirements from minimum front yard setback and maximum lot coverage of the Salem Zoning Ordinance,to construct a 15,600 square foot building. Applicant SHETLAND PARK Location 29 CONGRESS STREET (Map 34 Lot 448) (I Zoning District) IV. OLD/NEW BUSINESS 43 Bridge Street—Clerical correction V. ADJOURNMENT Page 2 of 2