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283 REAR DERBY STREET - ZBA (2) 283 R�ea.c- i c s � s 1 J Zoning Board Proiect Status Sheet Address & Applicant: 2R3 ZIP CA-r Date Submitted to BOA: '7&zgl i S 13/ Clerk Stamp: Variances Only - Constructive Approval Date: (100 days from filing) p Abutters List Requested: d Abutters Notice Sent: i�/ Notice to Abutting Cities & Towns, Councillors: Ell Legal Notice posted at City Hall: (la days before meeting) 13//Legal Notice Emailed & Confirmed: dLegal Notice Posted on Web: it/Agenda to Applicant: Applicant's email address or fax number to send agenda: Opened at Meeting: IS Continued Meetings: W /Fl Extension Form(s) Signed & Clerk Stamped? Closed at Meeting: S Decision: Decision Filed: Appeal Period Over: after dec'•ion filed) ecision Sent to Applicant: d Notice of Decision Sent to abutters cities and towns councillors: i ZBA ACTION FORM BOARD MEMBERS MOTION SECOND VOTE Date: $'I .\a I �S Rebecca Curran (Chair) Mike Duffy y Petitioner: �a�G �� \w-� Co Tom Watkins Peter Copelas Address: Jimmy Tsitsinos Jim Hacker(Alt.) Paul Viccica(Alt.) Total: Conditions: Petitioner shall comply with all city and state statutes,ordinances, codes and regulations. r [All construction shall be done as per the plans and dimensions submitted to and approved by the Building (Commissioner. ALJ 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. �xterior finishes of the new construction shall be in harmony with the existing structure. ILJ A Certificate of Occupancy is to be obtained. E�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. LI Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to,the Planning Board. ❑Unless this Decision expressly provides otherwise,any zoning relief granted does not empower or authorize the Petitioner to demolish or reconstruct the structure(s) located on the subject property to an extent of more than fifty percent (50%) of its floor area or more than fifty percent (50%)of its replacement cost at the time of destruction. If the structure is demolished by any means to an extent of more than fifty percent(50%) of its replacement cost or more than fifty percent(50%)of its floor area at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM .o *� CITY OF SALEM,MASSACHUSETTS a BOARD OF APPEALS ZOIS JUL 28 P 12: 33 `'Peq 120 WASHINGTON STREET,3RD FLOOR r 1 11'F ?i SALEM,MASSACHUSETTS 01970 CITY CL_„:K• SAILrEhi, h'.:•F KndnERLEY DRISCOLL MAYOR Phomas St.Pierre,Director of Inspectional Services Phone:978-619-5641/Fax:978-740-9846 AliI•i• „n Erin Schaeffer,Staff Planner Phone:97M 19-5685/Fax 978-740-0404 DEFT,^F Pu:.r.'Ni 113& TO THE BOARD OF APPEALS C' ::Sh73"'? ' V51LO?1m,i.! The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: Address: 283 Rear Derby Street Zoning District: B-5 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 a 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.) Applicant proposes to use the premises for a brewery with a tasting room and exterior beer garden in accordance with definitions contained in Section 10.0 of the Zoning Ordinance and provisions of Massachusetts General Laws Ch. 138 Section 19C. 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 (jt?sgfl?stories?%?), and what I am proposing is (jt?sgft?stories?%?). (X )A Special Permit under Section 3.0 of the Zoning Ordinance in order to use the premises as a brewery with tasting room ( )Appeal of the Decision of the Building Inspector(described below): ( )Comprehensive Permit for construction of low or moderate income housing(describe below): Current Property Use: Commercial Uses Are Lot Dimensions Included? ( ) Yes ( )No Why? (Example:Tu,o Fami/y Flo..e) 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 andpurpose of the Zoning Ordinance. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM The following written statement has been submitted with this application: ( ) For all Variance requests a written Statement of Hardship demonstrating the following must be attached: a) Special conditions and circumstances that especially affect the land,building,or structure involved, generally not affecting other lands,buildings,and structures in the same district; b) Literal enforcement of the provisions of the Ordinance would involve 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. (X) For all Special Permit requests a Statement of Grounds must be attached. An application for a special permit for a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Section 9.4 Special Permits. Such a statement should include reference to the following criteria: a) Social,economic,or community needs served by the proposal; b) Traffic flow and safety,including parking and loading; c) Adequacy of utilities and other public services; d) Impacts on the natural environment, including drainage; e) Neighborhood character;and t) Potential fiscal impact,including impact on City tax base and employment. ( ) For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L. Ch.40B §20-23. Previous application to the Board of Appeals involving this property have been submitted with this petition form. The Building Commissioner can provide documentation ofprevious application to the petitioner or his representative. If different from petitioner: Petitioner: Notch Tap Room,LLC Property Owner: South Harbor Holdings LLC Address: 19 Carlton Street,Salem,MA Address: 281 Derby Street,P.O.Box 829,Salem,MA Telephone: 978-853-9138 Telephone: Email: chris0notchbiewine.corn Email: Signature Vr ! Signature: (Atmched consex aer is afs aQptable) � Date: 5 Date. Jul 28 2015 If differentfrom petitioner: Representative: Attu George W.Atkins,III A TRUE Address: 59 Federal Street,Salem,MA 01970 ATTEST Telephone: - �-0350 ?ZTO Signa re: Date: v 228,2015 CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk. STATEMENT OF GROUNDS 1. The proposed brewery will add to the commercial mix of City businesses and the burgeoning craft beer industry attractive to both consumers and retailers of beer products. Thus the proposed brewery will serve economic, social and community needs. 2. The premises is located in the B-5 central development business zone and has been used by commercial tenants with shared parking among three buildings. In addition,the premises is one intervening building away from the South River Parking Garage. Thus adequate off street parking is available although nonresidential uses are not required to provide off street parking in the B-5 zone. Access to the premises is available from both Derby Street and Congress Street. Thus,parking, traffic flow and safety for customers and deliveries is sufficient and consistent with existing uses. 3. Existing utilities and public services are adequate for the use and consistent with existing uses and other uses in the immediate area and this general B-5 zone. 4. The proposed use will not impact the natural environment or significantly effect existing drainage. The applicant plans on creating an attractive environment for customer comfort with some improvement to the building exterior of a cosmetic nature and an interior ! design as shown on the submitted plans. 5. The existing neighborhood is a commercial active area so that the proposed use will be in harmony with those business uses and the existing neighborhood character. 6. The proposed brewery will create an estimated, 9-10 full time jobs and 12 part time jobs, improving the City employment base and insuring the continuation of the substantial real estate taxes derived from the building. July 28, 2015 Salem Zoning Board of Appeals 120 Washington Street, 3` Floor Salem, MA 01970 i Re: 283 Rear Derby Street, Salem, MA Dear Board Members: The undersigned owner of 283 Rear Derby Street, Salem, MA hereby authorizes Notch Tap Room, LLC, Christopher Lohring, Manager,to petition the Salem Zoning Board of Appeals for a special permit to allow the property to be used as a brewery. South Harbor Holdings, LLC By: a A. urphy, Maroer N �t O ! C 1 N ! J a Nil 1 L - n Area 3149 SF u On N GROSS BUILDING AREA TAPROOM 5118 SF 1693 SF �� 5118sf 133%=1689 sf-allowed tap room area / I 1 01 FIRST FLOOR 01 FIRST FLOOR soal V =20-4' soal 1" =20'-0" i i t' I I 1 d Note: Drawing scale may change when copied or faxed NOTCH BREWING +� WINTER STREET ARCHITECTS, INC. SALEM MA 08/14/15 I 4102.0000 C D O■7 w �.a + 4 n 1 a m 666 ti I tl;ae� I 1 1 10 lu Ig .•94 _PI'-�_:•}jYj. 1" ,� ♦ � '�, »."`-' �Iy n `,ri F�Lua� ,en'�+.�.�a.xy��l�•.�'y��- Ar d i 1 d — I Illi - 1 h 1 I I I. F C^UsaslgoPDNou�mrenhWddi&avuvlCENTPAL_epaDD@+�tl�leCsmn.M ® 015 Wfiner SVaet ArchRads.lx. 7WM151:59R W l ' u< S nI — _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ i LIZ I w' � i row 10a T m m I _ Tcol , I A i i 0 I MM I V N SERVICE BAR TAPS DW. _ f N N 1 { < t 1 Prep Station ,y103SF,""" o. it / I 5, T roman - / 1-! T�COD. < I LI y o ® . wo O 3 � T3� pill il, moo UI I y A I l m " o i 0 3 8 CnD I -. I., I� I L. 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CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL f 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 0147A0 U^ KIMBERLEYDRiscoLL TELE:978-745-9595♦ FAX:978-740-9846 rrn H MAYOR rn v Hr � >m N September 2, 2015 Decision City of Salem Board of Appeals 3 Petition of NOTCH TAP ROOM,LLC seeking a Special Permit per Sec.3.0 7-able ofPrincjpal and Accessory Use Regulations of the Salem Zoning Ordinance,in order to allow a brewery, distillery or winery with a tasting room and exterior beer garden located at the property of 283 Rear Derby Street (Map 34 Lot 439) (B-5). A public bearing on the above Petition was opened on August 19, 2015 pursuant to M.G.L Ch. 40A, The bearing was closed on that date with the following Salem Board of Appeals members present: Peter A. Copelas (Vice-Chair),Jimmy Tsitsinos,Mike Duffy,Tom Watkins, Paul Viccica (alternate). The Petitioner seeks a Special Permit from the provisions of Section 3.0 Table of Principal and Accessory Use Regulations of the Salem Zoning Ordinance to allow a brewery, distillery, winery with a tasting room and beer garden. Statements of fact: 1. In the petition date-stamped July 28, 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 and beer garden. 2. Attorney Atkins presented the petition. 3. Petitioner proposes a brewery, distillery or winery with a tasting room and beer garden. 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. Any such facility that only provides samples at no charge and limited in size as set forth in M.G. L c. 138 shall have a Commonwealth of Massachusetts issued Farmer Series License and any such facility that sells alcoholic beverages to be consumed on the premises shall have a Commonwealth of Massachusetts issued Farmer Series Pouring License. The facility may host marketing events, special events, and/or factory tours. The facility may only sell beverages produced by, and commercial goods branded by, the brewery, distillery, or winery. The facility may sell permitted beverages by the bottle to consumers for consumption off the brewery premises. 5. 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 that thirty-three (33)percent of the main building's gross square footage. 6. The petitioner proposes to have a 1,693 square foot tasting room and 3,149 square foot brewery. 7. The location of the proposed brewery is in a B-5 Central Development Business District and is not required to provide off-street parking spaces for nonresidential uses in this zoning district. There is a public parking garage and on-street parking available in close proximity. City of Salem Board of Appeals September 2,2015 Project:283 Rear Derby Street Page 2 of 3 8. The proposed hours of operation are Wednesday through Sunday 12pm to l 1pm and closed Monday and Tuesday except for scheduled special events that are arranged in advance. 9. Notch proposes to employ 9-10 full time employees and 12 part-time employees. 10. All serving on the premises must follow ABCC State regulations and local licensing board regulations. 11. The requested relief,if granted,would allow a brewery, distillery or win beer garden. ery with a tasting room and 12. At the public hearing,no (0)members of the public spoke in favor or 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 hearing is consistent with the definition of a brewery, distillery, winery with a tasting room Section 10.0 of the City of Salem Zoning Ordinance. 1. Social,economic and community needs served by this proposal is that the facility will add to a commercial mix of businesses in the community and be attractive to consumers and other restaurants in the community that Notch Brewing Company delivers product to. 2. Traffic flow and safety,including parking and loading is adequate as there are no requirements for nonresidential uses to provide off-street parking spaces in a B5 Central Business District. There is public parking along Derby Street and in the public parking garage one building over from the Proposed location of Notch Brewing Company. There is also access to the site from Congress Street and Derby Street to facilitate traffic flow. 3. There are no changes to the proposed utilities and other public services. 4. There will be no significant impacts to the natural environment including drainage. 5. The proposal conforms to the neighborhood character as the company proposes to make considerable improvements to the interior and exterior of the building and the existing neighborhood is commercial in nature and will not disturb any residences with this proposed use. 6. The potential fiscal impact,including impact on the City tax base and employment is positive as the petitioner proposes to have 9-10 full time employees and 12 part-time employees. (POn the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in favor (0)eter A. Copelas (Vice-Chair),Jimmy Tsitsinos,Mike Duffy, Tom Watkins, Paul Viccica (alternate) and none 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 eight (8) standard terms, conditions and safeguards: City of Salem Board of Appeals September 2,2015 " Project:283 Rear Derby Street • Page 3 of 3 Standard: 1. Petitioner shall comply with all city and state statues, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Budding Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finished of the new construction shall be in harmony with the existing structure. 6. A Certificate of Occupancy is to be obtained. 7. A Certificate of Inspection is to be obtained. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. --111N 0��� �. - � 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 deasian, Zany,shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be fled within 20 days of fk'ng of this deaJion in the offire of the Cel Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or Speaal Permit granted herein shall not take eea until a ropy of the deasion beating the certificate of the City Clerk has been fled w th the Essex South Registry of Deeds. RONAN, SEGAL & HARRINGTON ATTORNEYS AT LAW FIFTY-NINE FEDERAL STREET JAMES T.RONAN(1922-1987) SALEM,MASSACHUSETTS 01970-3470 JACOB S.SEGAL MARY PIEMONTE HARRINGTON GEORGE W.ATIONS III TEL(978)744-0350 FAX(978)744-7493 FILE NO.L-849 OF COUNSEL JOHN H.RONAN - MICHAEL J.ESCHELBACHER July 28, 2015 Zoning Board of Appeals City of Salem 120 Washington Street, 3`d Floor Salem, MA 01970 ATTN: Erin Schaeffer RE: 283 Rear Derby Street, Salem, MA Dear Ms Schaeffer: Enclosed for filing with regard to the above-captioned location is a petition together with 9 copies of the Plans. Also enclosed are filing fee checks, and a property owner consent letter. Please see to assignment of this matter to the Board's agenda for the meeting of August 19, 2015. V truly your/, orge W. Atkins III GWA/dap Enclosures CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS 2015 JUL 23 P 12: 33 120 WASHINGTON STREET,3'FLO i, Q TY CI. C'k" A! r-e.: NASO: - SALEM,MASSACHUSETTS 01970 KimDERLEY DRISCOLL RE �''" �— MAYOR Thomas St.Pierre,Director of Inspectional Services I1-=k'P'� Fes'"- iy Phone:978-619-5641/Fax:978-740-9846 N GE rr�� Erin Schaeffer,Staff Planner JUL 28 2015 Phone:978-619-5685/Fax:978-740-0404 TO THE BOARD OF APPEALS DEPT.OF PLAau.!M`,.r COPA hiu.N TY DEV ELOP;1,Z^J The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: Address: 283 Rear Derby Street Zoning District: B-5 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'ane story addition to my home located a 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.) Applicant proposes to use the premises for a brewery with a tasting room and exterior beer garden in accordance with defmitions contained in Section 10.0 of the Zoning Ordinance and provisions of Massachusetts General Laws Ch. 138 Section 19C. 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 I am proposing is (ft?sq ft?stories? %?). (X )A Special Permit under Section 3.0 of the Zoning Ordinance in order to use the premises as a brewery with tasting room ( )Appeal of the Decision of the Building Inspector(described below): ( )Comprehensive Permit for construction of low or moderate income housing(describe below): Current Property Use: Commercial Uses Are Lot Dimensions Included? ( ) Yes ( )No Why? (Example.:Two Family Home) The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance. :i CITY OF SALEM, MASSACHUSETTS BOARD OF APPEALS PETITION FORM The following written statement has been submitted with this application: ( ) For all Variance requests a written Statement of Hardship demonstrating the following must be attached: a) Special conditions and circumstances that especially affect the land,building,or structure involved, generally not affecting other lands,buildings,and structures in the same district; b) Literal enforcement of the provisions of the Ordinance would involve 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. (X) For all Special Permit requests a Statement of Grounds must be attached. An application for a special permit for a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Section 9.4 Special Permits. Such a statement should include reference to the following criteria: a) Social,economic,or community needs served by the proposal; b) Traffic flow and safety, including parking and loading; c) Adequacy of utilities and other public services; d) Impacts on the natural environment, including drainage; e) Neighborhood character;and 0 Potential fiscal impact, including impact on City tax base and employment. ( ) For all Comprehensive Permits for construction of low or moderate income applicants should refer to M.G.L. Ch.40B §20-23. - - ----._ Previous application to the Board of Appeals involving this property have been submitted with this petition form. The Building Commissioner can provide documentation ofprevious application to the petitioner or his representative. If different from petitioner: Petitioner: Notch Tap Room,LLC Property Owner: South Harbor Holdings, LLC Address: 19 Carlton Street, Salem,MA Address: 281 Derby Street,P.O. Box 829, Salem,MA Telephone: 978-853-9138 Telephone: Email: Chris otchb Com Email: r [a Signature V Signature: (Attached cansen ter is a[s rcfat!ptab[e) Date: 5 Date. Jul 28 2015 If different from petitioner: Representative: Arty George W. Atkins,III A TRUE Address: 59 Federal Street, Salem, MA 01970 ATTEST Telephone: -0350 J TO Signa C:;iv�2:8,Date: 2015 CITY CLERK DATE DPCD DATE This original application must be filed with the City Clerk. I STATEMENT OF GROUNDS 1. The proposed brewery will add to the commercial mix of City businesses and the burgeoning craft beer industry attractive to both consumers and retailers of beer products. Thus the proposed brewery will serve economic, social and community needs. 2. The premises is located in the B-5 central development business zone and has been used by commercial tenants with shared parking among three buildings. In addition, the premises is one intervening building away from the South River Parking Garage. Thus adequate off street parking is available although nonresidential uses are not required to provide off street parking in the B-5 zone. Access to the premises is available from both Derby Street and Congress Street. Thus, parking, traffic flow and safety for customers and deliveries is sufficient and consistent with existing uses. 3. Existing utilities and public services are adequate for the use and consistent with existing uses and other uses in the immediate area and this general B-5 zone. 4. The proposed use will not impact the natural environment or significantly effect existing drainage. The applicant plans on creating.an attractive environment for customer comfort with some improvement to the building exterior of a cosmetic nature and an interior — design as shown on the submitted plans. 5. The existing neighborhood is a commercial active area so that the proposed use will be in harmony with those business uses and the existing neighborhood character. 6. The proposed brewery will create an estimated, 9-10 full time jobs and 12 part time jobs, improving the City employment base and insuring the continuation of the substantial real estate taxes derived from the building. July 28, 2015 Salem Zoning Board of Appeals 120 Washington Street, 3` Floor Salem, MA 01970 Re: 283 Rear Derby Street, Salem, MA Dear Board Members: The undersigned owner of 283 Rear Derby Street, Salem, MA hereby authorizes Notch Tap Room, LLC, Christopher Lohring, Manager, to petition the Salem Zoning Board of Appeals for a special permit to allow the property to be used as a brewery. South Harbor Holdings, LLC By. / a A. urphy, M er