102-108 JACKSON STREET - ZBA b -�0 830.ck Sorl SAVpte�
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universal,
www.myuniversalop.com
phone:1-666-756.4676
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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.
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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
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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?
(&le: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„
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leg
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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
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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