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16-24 NEW DERBY STREET - BUILDING INSPECTION 16-24 New Derby Street t I -- ✓/ze-�omono�ru.�ea,�l�z ./�amacLierae ` � `V�/�" � .JQU ^—'neopostsP Fxxsr-cLnss MAIL 1 c�GJ 06/07/2016 $001 .095 -- JQ4� -013�i �- d_ �ne�a//xz�CaTe -✓Loam 9.y90 �/� ltd& , ZIP 02108 Li 041L12203815 �JoaCooz,./�aaaacLtecaerta 02908 Thomas I St. Pierre 120 Washington St., 3rd Floor Salem, MA 01970 ® wis C! 3S23 III,III III-111,11,11,lt1.11',11fill 'Ifti611,11111''ld \� A 6�RECYCLED PAPER PCSiLEMMER R�'` i � � �� - f _. i � f �. _ r .- _. �: y� ,' ,� { �� ' t � /. 1 The Commonwealth of Massachusetts W Department of Public Safety a a Architectural Access Board ,M One Ashburton Place, Room.1310 Daniel Bennett Boston, Massachusetts 02.108-1618 secretary Charles D.Baker Phone 617-727-0660 Matt Carlin Governor Commissioner Karyn E.Polito Fax 617-727-0665 Thomas P.Hopkins Lieutenant Governor www.mass.gov/dps Executive Director TO: Local Building Inspector Docket Number V 16 . 104 Local Disability Commission Independent Living Center FROM: ARCHITECTURAL ACCESS BOARD RE: The Lobster Shanty 25 Front Street (24 New Derby St., Unit U-1) Salem Date: 6/6/2016 Enclosed please find the following material regarding the above location: _Application for Variance Decision of the Board / _Notice of Hearing /Correspondence _Letter of Meeting The purpose of this memo is to advise you of action taken or to be taken by this Board.. If you have any information which may assist the Board in reaching a decision in this case, you may call this office or you may submit comments in writing. �! . Vs ELI7ABETH M.RENNARD a x. `' VICTORIA B.CALDWELL LYCS'SOLlCIlOR .9,p�nrveu�.. AS1ZS7ANT C77'YSOLiClIOR - 93 WASHINGTON STREET 93 WASEIINGTON STREET SALEM,MA 01970 CITY OF SALEM SALEM,MA 01970 Ter.:978.619.5633 TEL:978.619.5634 FAX: 978.744.1279 KIMBERLEYL.DRISCOLL MAYOR FAX: 978.744.1279 EMAIL:BRENNARD@SALEM.COM ' EMAII.: VCALDWELL@a SALEM.COM LEGAL DEPARTMENT 93 WASHINGTON STREET SALEM,MASSACHUSETTS 01970 May 24, 2016 The Commonwealth of Massachusetts RECEIVE® Department of Public Safety DEPARTMENT OF PUBLIC SAFETY Architectural Access Board One Ashburton Place, Room 1310 JUN 6 20% Boston,MA 02108-1618 ARCHITECTURAL ACCESS BOARD Attn: Thomas Hopkins Re: The Lobster Shanty 25 Front Street(24 New Derby Street,Unit U-1, Salem, MA) Dear Mr. Hopkins: Enclosed for your records are the recorded Affidavit of Elizabeth Rennard and Lease Agreement regarding 24 New Derby Street, Salem,MA. Thank you. (?ZraVery truly yours, /� J legal M. Roomey /jmr Enclosures �,�j SII@�I�l�l�glilll�l�lll�ll� D SO.ESSIX #541804938 Pg:37 0512012016 92.49 WIFT P9 111 Affidavit of Elizabeth Renard,Esq. Now comes Elizabeth Renard,Esq., City Solicitor of the City of Salem,Massachusetts upon oath, deposes and states as follows. 1. I am the City Solicitor,lead legal counsel,for the City of Salem,Massachusetts. 2. The City of Salem owns property located at 25 Front Street,also known as 24 New Derby Street,Salem,Massachusetts(hereinafter-The property"). 3. Wicked Howl Enterprises, d.b.a.Lobster Shanty,a seasonal restaurant owned and operated by Lee and Diane Wolf,leases Unit#3 on the Property f-om the City of Salem, Massachusetts. m4. The Lobster.Shanty submitted construction plans and documents on March 28,2016 with its application for a building permit to the City's Inspectional Services Department for an outdoor deck. DO 5. The construction plans included aproposed sliding door on the north facade of the Unit p connecting the dining room to the outdoor deck via a step,limiting the deck to one Ca accessible entrance. $ 6. The Lobster Shanty applied for and was issued a Variance from the Massachusetts z Architectural Access Board to allow a single accessible access point to the deck,but N conditioned upon 1)the deck not being open until a ramp is constructed and signed off by y the Building Inspector and 2)a requirement that the entrance from the restaurant to the i deck via the new sliding door be used strictly by employees. 7. The lease between the City of Salem and Wicked Howl Enterprises,Inc.has been amended requiring compliance with the Massachusetts Architectural Access Board's Notice ofAction,Docket V 16104,dated April 26,2016 and further that a sign,no less c than 8%"x 1 I",stating"Employee Access Only"shall be placed onboth sides(eurtrance P4 and exit)of the sliding glass door leading to the deck. Signed under pains and penalties of perjury this 16th day May,2016. Elizabeth Rekr City Solicitor COMMONWEALTH OF MASSACHUSETTS t Essex,ss. Salem,MA On this 1611 day of May 2016, before me,the undersigned Notary Public,personally appeared the- above-named Elizabeth Renard,Esq.,per,onally known by me to be the person identified in this instrument and acknowledged executing the foregoing instrument for its stated purpose. ,{�� JOAtglE M.,AOOMEY J M.Roomey,No lic y.ruaxOF rwPdftfarJ� Commission Expires 09/ /21 SW aM Return to:Elizabeth Reamed, City Rall,93 Washington St, Salem,MA 01970 SO.EISSEX #542 BRI34�ag,38 CITY OF SALEM 05/20/2016 02:49 AMD P9 1112 LEASE AGREEMENT AMENDED MAY 12,2016 This Amended Lease Agreement amends the original Agreement of Lease("Lease")dated July 22,2015 by and between the City of Salem("Landlord")with a usual place of business at 93 Washington Street,Salem,Massachusetts and Wicked Howl Enterprises,Inc.d/b/a Lobster Shanty ("Tenant")with its business office at 12 Becket Street,Suite 2, Salem,MA.Landlord is the owner of land and improvement commonly known as Unit#3—Restaurant at 25 Front Street,Salem(aka 24 New Derby Street). Landlord makes available for lease Unit # 3 Restaurant (approximately 1,020 square feet). Landlord desires to lease the Leased Premises to Tenant, and Tenant desires to lease the Leased Premises from Landlord for the term, at the rental and upon the covenants, ' conditions and provisions herein set forth. THEREFORE, in consideration of the mutual promises herein contained and other good and valuable consideration,receipt of which is hereby acknowledged,it is agreed: 1. Term. Landlord hereby leases the Leased Premises to Tenant,and Tenant hereby leases the same from Landlord, for an "Initial Five-Year Term"beginning January 16, 2016 and ending January 15,2021. 2. Option to Renew. Subject to the foregoing, and provided Tenant is not in material default under any of the terms and conditions of this Lease, and subject to the express written approval of the Landlord at least sixty(60)days in advance of expiration of the lease,which approval may be withheld for any reason or no reason at all,Tenant shall have the option to renew this lease for up to five additional one-year periods commencing upon the expiration of the original term thereof, upon the same terms,covenants and conditions as set for the original term except for rent which shall be adjusted, if at all,pursuant to the Tenant's original lease proposal or with agreement of the parties. 3. Rent and Marketing Fund Contribution. Rent. Tenant shall pay to Landlord the following rental payments, paid in seven equal monthly payments from May 1 to October 1: I Year 1-$2,057.14/month($14,400/year) Year 2$2,098.29/month($14,688.00/year) Year 3-$2,140.25/month($14,981.76/year) Year 4-$2,183.05/month($15,281.38/year) Year 5-$2,226.71/month($15,587.00/year) 1 y Rent for any subsequent years shall be increased by 2% each year. Rent shall be paid on the first day of each month,payable to the "City of Salem", 120 Washington Street, Salem, MA attention of the Department of Planning and Community Development. Tenant shall also be i responsible for its pro-rata share of the taxes as billed by the Salem Board of Assessors. Marketing Fund. During the term of the lease, Tenant shall contribute $3,000 annually ($1,500 paid May 1 and$1,500 paid October 1)to a fund maintained and managed by the City for marketing, special events and enhancements to Artists' Row. 4. Use. The Space shall be used solely to operate a restaurant. There shall be no overnight or residential component of this permitted use. During the Unit#3 Restaurant tourist season (April 1 —January 15),Tenant shall continuously use and occupy the premises only for the purpose state and no other purpose whatsoever. During the Unit#3 Restaurant season, Tenant shall be open at least 7 days per week from 12:00 a.m. until 11:00 p.m., at the very least. During the period of April 1-30 and November 1 —January 150'hours shall be 12 p.m. to 11 p.m. Friday—Sunday.and 4 p.m. to 121 p.m. Monday through Thursday. Tenant shall notify Landlord in event of closure, except during period of January 16 to April 1. 5. Delivery/Parldng Tenant and Tenant's employees shall not park anywhere in the Artists' Row area except for those areas specifically designated for same. Any deliveries shall only be made at specifically designated areas adjacent to the Artists' Row. (See Exhibit A). 6. Sublease and Assignment. Tenant shall not have the right without Landlord's consent, to assign this Lease, in whole or in part. Landlord may withhold consent for any reason or for no reason at all. 7. Condition of Premises: Repairs &Maintenance. Condition Tenant accepts the leased premises in the condition in which they are on the date of the commencement of the term hereof, acknowledging that it has inspected the leased premises. The Landlord has made and the Tenant has relied on no representations or warranties, express or implied, as to the condition of or the rentability for a particular use of the leased premises, except as may be set forth herein. Repairs The Tenant shall make all necessary repairs to the building so as to make the building in the working condition for the use it is to be put, except for reasonable wear and tear, damage by fire or other casualty, acts of God or acts of war. Tenant shall maintain, repair and renew as necessary all mechanical and utility systems on the leased premises so as to keep them in good and safe operating condition in all respects. Tenant is responsible for all ordinary repairs within the unit comprising the premises and which are accessible to the Tenant. 2 . i Tenant is specifically required to make all repairs to windows,plate glass, doors and any fixtures or appurtenances composed of glass,unless the same shall be damaged by fire. For the purposes of this Lease,the term"reasonable wear and tear"constitutes that normal, gradual deterioration which occurs due to aging and ordinary use of the premises despite J reasonable and timely maintenance and repair but in no event shall "reasonable wear and tear" excuse the Tenant from its duty to keep the premises in good maintenance and repair or otherwise usable, serviceable and tenantable. Cleanliness Tenant shall keep the sidewalks, entrances, passageways and area adjoining the leased premises in a clean and orderly condition, free from rubbish, obstructions, snow and ice during months of business operation. Such duty shall include, at a minimal,daily sweeping and washing (wither power washing,hosing down,using leaf blower or shoveling as needed)in the a.m. Tenant shall wash all windows(including doors) at least one a week,or more often if dirty. Yield in Good Repair At the expiration or other termination of the lease,the Tenant will yield up the premises in good repair, order and condition, except for reasonable wear and tear,damage by fire, act of God, damage caused by acts or omissions of the Landlord and delays beyond Tenant's control. Additional Conditions Conditions unique to the leased premises are found in Exhibit B. 8. Alterations. Any alterations of the premises by the Tenant must first be approved by the Landlord.Any such approval of alterations by the Landlord is contingent upon appropriate approval from Building Inspector and other department with jurisdiction over same.Any alterations made without approval will be restored at the sole expense of the Tenant at the request of the Landlord. I 9. Inspections. Landlord shall have reasonable access to premises during the term for purposes of I enforcing the lease agreement and any other pertinent statute, code or ordinance. At a minimal, Landlord shall inspect said premises twice during the year. Landlord shall provide 24 hour notice for non-inspectional service department inspections. 10. Insurance. A. If the Leased Premises is damaged by fire or other casualty resulting from any act or negligence oftenant or any of tenant's agents,employees or invitees,rent shall not be diminished or abated while such damages are under repair, and Tenant shall be responsible for the costs of repair. 3 B. Tenant shall be responsible, at its expense,for fire and extended coverage insurance on all of its personal property,including removable trade fixtures,located in the Leased Premises. C. Tenant shall, at its own expense, maintain a policy or policies of comprehensive general liability insurance with respect to the activities that take place on the Leased Premises, with the premiums thereon fully paid on or before due date, issued by and binding upon some insurance company approved by Landlord. Further, such insurance shall afford minimum protection of not less than $1,000,000 combined single limit coverage of bodily injury, property damage or combination thereof, with Landlord listed as an additional insured on Tenant's policy or policies.of comprehensive general liability insurance. Tenant shall provide Landlord (City of Salem)with current Certificates of Insurance evidencing Tenant's compliance with this Paragraph by mailing to Purchasing Officer, 120 Washington Street, Salem,MA 01970. Tenant shall obtain I the agreement of Tenant's insurers to notify Landlord that a policy is due to expire at least thirty (30) days prior to such expiration. Landlord shall not be required to maintain insurance against thefts within the Leased Premises of the Building. 11. Indemnification. Tenant shall at all times relieve, indemnify, protect and save harmless the Landlord and each of its boards, officers and employees from any and all claims and liability of death of and injury to persons or damage to property that may arise from or be caused by the operation, maintenance or occupation of the aforesaid premises by the Tenant under the provisions of this Lease or by the negligence of the Tenant,its agents, officers or employees. 12. Utilities. Tenant shall be responsible for timely payment of all utilities at the premises,including but not limited to, water, heat and electricity. Landlord is not responsible for providing heat to the restaurant. 13. Signage. Tenant shall have the right to place on the outside facade of Leased Premises, at locations selected by the tenant and approved by the Landlord, appropriate signage that is permitted by applicable zoning ordinances and private restrictions. Landlord may refuse consent to any proposed signage that is inconsistent with or inappropriate to the Leased Premises. Tenant shall repair all damage to the Leased Premises resulting from the removal of signs installed by Tenant. 14. Default. In addition to any late fees which may be due, if Tenant defaults in the payment of rent or utilities when due to Landlord as herein provided, and if said default continues for fifteen (15) days after written notice has been given to Tenant by Landlord,or if default shall be made in any of the other covenants or conditions to be kept, observed and performed by Tenant (including timely payment of taxes and water and sewer bills), and such default shall continue for thirty(3 0) days after notice thereof in writing to Tenant by Landlord, Landlord may declare the term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered, Landlord may reenter said premises. Landlord shall have,in addition to the remedy above provided, any other right or remedy available to Landlord 4 on account of any Tenant default, either in law or equity. Landlord shall use reasonable efforts to mitigate.its damages. 15. Quiet Possession. Landlord covenants and warrants that upon performance by tenant of its obligations hereunder,Landlord will keep and maintain Tenant in exclusive,quiet,peaceable and undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease. 16. Condemnation. If any legally,constituted authority condemns the Building or such part thereof which shall make the Leased Premises unsuitable for leasing,this Lease shall cease when the public authority takes possession. Such termination shall be without prejudice to the rights of either party to recover I compensation from the condemning authority for any loss or damage caused by the condemnation. Neither party shall have any rights in or to any award made to the other by the condemning authority. 17. Notice. Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States certified mail,return receipt requested, addressed as follows: If to the Landlord: Salem Purchasing Officer Whitney Haskell 93 Washington Street Salem,Massachusetts 01970 If to the Tenant: Lee and Diane Wolf Lobster Shanty . 25 Front St. Salem,MA 01970 Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party. 18. Waiver. I No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition. 19. Headings. The headings used in this Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease. 5 i 20. ' Compliance with Law. Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Leased Premises.Landlord shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting the Leased Premises. 21. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This agreement may be modified only by a further writing that is duly IN WITNESS WHEREOF,the parties have executed this Lease as of the 12'b day of May, j 2016. i LANDLORD TENANT C1rtY of Sal Wicked Howl Enterprises Inc. I Kimberley Driscoll Lee��--W---lllo��lf,Pr ident Mayor 4 114 L uncan Diane Wolf,Direct r D for of Planning and Community Development Whitney Haskell Purchasing Agent As to form and content, Eliz eth M. Reran City Solicitor 6 COMMONWEALTH OF MASSACHUSETTS Essex, ss. Salem MA On this jjf�_day of May, 2016, before me, the undersigned Notary Public, personally appeared the above-named Kimberley Driscoll,personally known by me to be the person identified in this instrument and acknowledged executing the foregoing instrument for its stated purpo e. JOANNE M. R fu I��Pu blic 2�, J me M. Roomey,Notary P he y Commission Expires: 09/ 4/21 COMMONWEALTH OF MASSACHUSETTS Essex, ss. Salem,MA On this day of May,2016,before me,the undersigned Notary Public,personally appeared,the above-named Lynn Duncan,personally known by me to be the person identified in this instrument and acknowledged executing the foregoing instrument for its stated p ose. j JOANNE ij�/�CONMO N0� Pub�MEY Jo e M.Roomey,Notary Pub is My try Commission Expires: 09/24 21 s°WMnb°r�.�t COMMONWEALTH OF MASSACHUSETTS Essex,ss. Salmi MA On this iZ day of May,2016,before me,the undersigned Notary Public,personally appeared the above-named Whitney Haskell,personally known by me to be the person identified I in this instrument and acknowledged executing the foregoing instrument for its stated purpose. JOANNE M. ROOMEY Jo e M.Ro�,Notary Publi dufoy Public 00 a wwpm Commission Expires: 09/2/1/ 1 hN Cammptlm��M � 9°pinn6°r 21, 2027 7 COMMONWEALTH OF MASSACHUSETTS Essex, as. Salem,MA On this day of May,2016,before me, the undersigned Notary Public,personally appeared the above-named Lee Wolf,personally know_n by me to be the person identified in this instrument and acknowledged executing the foregoing instrument for its stated purpose. JOANNE 61,SR010M.EY N°tuy P�NWPAgMa J e M. Roomey,Notary Public �ptCWmVIBldn y Commission Expires: 09/24/21 COMMONWEALTH OF MASSACHUSETTS Essex, ss. Salmi MA On tbis (V day of May,2016,before me,the undersigned Notary Public,personally appeared the above-named Diane Wolff,personally known by me to be the person identified in this instrument and acknowledged executing the foregoing instrument for its stated purpose. JOANNE MO,,EY J e M. Roomey,Notary Publi q 140111y public OIIwyAgNptaass>: Commission Expires: 09/24/21 'j My Coftntulon s SWtl11M/2. I i 8 -s — V<i,T64:i H 11 w` � � � ,�' � '✓�. s . �v W 'u • u. 1$ .. - � (.. Y(CY. lP' of �• {� Itl1�iJ � Z+ ✓a<�� .• i �..i +k�r ..VY�Ate_ 'HI' ✓ FT. EXHIBIT B—ADDITIONAL CONDITIONS Maintenance: 1. Tenant shall be responsible for keeping the unit and surrounding premises in presentable condition at all times. 2. Tenant must clean building and remove all rubbish daily. Boxes,garbage, empty bottles, empty canisters and other such items shall not be left out in the open. Such refuse must be stored in designated areas until it is picked up. 3. Tenant must establish a regular maintenance schedule for cleaning of the surrounding I premises, which shall include daily hosing(or cleaning as set forth in paragraph 7 of the lease)of the area and bi-monthly power-washing the patio. Improvements: I. Tenant must invest a minimum of$100,000.00 on various improvements(including but not limited to flooring,video cameras, refrigeration system,heating/fire features,patio/deck and fencing)to the unit and surrounding grounds over the course of initial the Iease term. This i investment shall be in addition to any SRA/DRA approved solar panels on the unit, should the Tenant choose to proceed with a solar panel project. A spending Plan,describing the investment and schedule of improvements must be submitted to the City for approval no later than November 1,2015. The approved Spending Plan shall be incorporated into this lease as Exhibit C.Failure by Tenant to adhere to the approved Plan may subject the Tenant to default. 2.. As part of the investment tenant will specifically be required to: • Submit examples of tables and chairs/outdoor furniture to be purchased by tenant to the SRA and DRB no later than January 16,2016. • Tenant will work with the SRA and DRB to configure outdoor seating area as to gain more access(both pedestrian and visual)to the rest of Artists'Row. This process shall be completed prior to March 31,2016,but City expects Tenant to work with I City staff to improve access to the Row commencing upon the signing of this Lease with implementation in calendar year 2015. • Tenant will work with an architect to design a patio to the right side(Front St. side) of the unit and the decorative fencing/barricade delineating the seating area. Plans will be submitted to the SRA and DRB no later than January 16,2016. Work will be completed by March 31, 2016.All cost for improvements and maintenance will be the responsibility of the tenant. • Tenant shall comply with all conditions set forth in the Massachusetts Architectural Access Board's Notice of Action,Docket V 16 104, dated April 26,2016, attached hereto as Exhibit C. • Tenant shall post signage,no less than 8 Y2"x 11"each, stating"Employee Access Only"on both sides (entrance and exit)of the sliding glass door leading to the deck. 10 3. All improvements to the building and surrounding premises must meet Design Review Board standards and be approved by the Salem Redevelopment Authority. 4. Refrigeration unit shall be changed over to an air cooled system no later than August 31, 2015. Payments and Ming: 1. LATE FEES: Tenant must submit rental payment on or before the I"day of each month. I Tenant shall pay a late fee of TEN PERCENT (10%)OF UNPAID BALANCE if rent is paid after the 15th of the month due. An additional late fee of SEVENTY-FIVE DOLLARS ($75.00) shall be owed if rent is received after the 30th day of the month due. 2. Repeated failure to submit rent payments on the date specified shall result in termination of the lease,pursuant to Paragraph 14 of the Lease. 3. Non-payment of taxes,water and sewer bills or any other financial or contractual obligation to the City of Salem or any of its Boards, Commission or Committees when due shall be considered a default of a covenant or condition of the Lease, as provided in Paragraph 14. Communication with Landlord: 1. Tenant must attend, at the direction of the City,bi-weekly meetings with City representatives to discuss compliance with the lease terms. 2. Tenant must complete other reasonable requests for information or documentation,not specified herein,within a reasonable time. Reversion: I 1. In the event that the lease is terminated before the end of the lease term, any interest in the real property shall revert to the City and may not be leased, sold or otherwise assigned or transferred to any other party. The Tenant shall remove all equipment and furniture within thirty(30)days of a lease termination. 11 I tx. The Commonwealth of Massachusetts Department of Public Safety a d Architectural Access Board One Ashburton Place, Room 1310 Boston, Massachusetts 02108-1618 Uasecretaryea Charles D.Baker Phone 617-727-0660 Mao Carlin Governor. commiulaner Karyn E.Porto Fax 617-727-0665 Thomas P.Hopklns Lleutenant(imemor Executive Director www.mass.gov/rips Docket Number V 16 104 NOTICE OF ACTION RE: The Lobster Shanty, 25 Front Street(24 New Derby St,Unit Salem 1. A request for a variance was filed with the Board by William Peterson,AIA (Applicant)on March 29,2016 The applicant has requested variances from the following sections of the 06 Rules and Regulations of the Board: Section: Description: 25.1 Petitioners seek a variance to only have one accessible point of access to a new deck,with another inaccessible sliding door that is proposed to be employee-only access between the existing restaurant and the new deck 30.1 Petitioners seek a variance to allow unfit April of 2018 for the demolition of the existing noncompliant unisex toilet room and the addition on the east facade of the building to include,two(2)unisex accessible toilet rooms,with one(1)being a fully comDliant unisex toilet room. 2. The application was heard by the Board as an incoming case on Monday, April 25,2016 3. After reviewing all materials submitted to the Board,the Board voted as follows: GRANT the variance requested for providing only one(1)accessible entrance onto the new deck(521 CMR 25.1)and the time variance for the creation of a fully compliant single user toilet room(521 CMR 30.1),with the following conditions: 1)The restaurant may not open the deck until the ramp construction is completed and signed-off by the Salem Building 2)The toilet room addition, planned to be completed by April 2018,Is to be completed by April 1,2017,along with, or in place of,the proposed exterior renovations noted as Phase 2; 3)Signage is to be posted both within the restaurant and on the restaurant's website noting that there are currently no accessible toilet rooms provided;and 4)An affidavit(signed and notarized under the pains and penalties of perjury) is to be submitted to the Board within 14 days receipt of this decision, stating that the entrance between the existing restaurant and the new deck(via the sliding doors)will be used by employees only. i PLEASE NOTE:All documentation(written and visual)verifying that the conditions of the variance have been met must be submitted to the AAB Office as soon as the reautred work Is completed Any person aggrfeved by the above decision may request an adjudicatory hearing before the Board within 30 days of receipt of this decision by filing the attached request for an adjudicatory hearing. If after 30 days, a request for an adjudicatory hearing is not Moolved,the above decision becomes a final decision and the appeal process is through superior court. I Date: Ap D 26,2016 / t1� cc: Local Disability Commission s t'�/�lh�t. Local Building Inspector Chairperson Independent Living Center 12, ARCHITECTURAL ACCESS BOARD I '• CITY OF SALEM za BUILDING DEPARTMENT DEPARTMENT KIWERLEY DRISCOLL MAYOR 120 WASHINGTON STREET♦SALEM,MASSACHUSETTS 01970 TEL:978-745-9595 4 FAX:978-740-9846 November 4, 2016 Light House Construction Attn: Stephen Stoddard 1140 Saratoga Street Boston,Massachusetts 02128 P.E. Building Permit Application-24 New Derby Street(aka 25 Front Street/Lobster Shanty) Mr. Stoddard, The Salem Building Department is in receipt of a Building Permit Application, dated and time stamped November 3, 2016 and Architectural Plans dated September 21, 2016.The application requests approval to construct two(2)—Unisex accessible toilet rooms. These restroom alterations are referenced in The Commonwealth of Massachusetts Department of Public Safety Architectural Access Boards Notice of Action(Docket Number V 16 104), dated April 26, 2016 (see attached). Said Building Permit Application is denied by this Department after consultation with the Salem Plumbing Inspector,Dennis Ross. The basis for this rejection is that that proposed restrooms to be constructed do not meet the requirements of set forth in 248 CMR:Board of State Examiners of Plumbers and Gas Fitters Code, Section 10.10, 18, (m). Handicapped Toilet Facilities Requirement. You have the right to appeal this order to the Board of State Examiners of Plumbers and Gas Fitters at One Ashburton Place,Boston,Ma. Resp tfully, _ 4 Thomas St. Pierre Building Commissioner&Zoning Enforcement Officer cc: file, William Peterson,Plumbing Inspector toLThe Commonwealth of Massachusetts Department of Public Safety Architectural Access Board One Ashburton Place, Room 1310 Boston, Massachusetts 02108-1618 Daniel Secretary e Charles D.Baker Governor Phone .617-727-0660 - Matt Carlin Commissioner Karyn E.Polito Fax 617-727- 0665— Thomas P.Ho Lieutenant Governor Thomas VTWw.mass.gov/dps Executive Director Docket Number V 16 104 NOTICE OF ACTION RE: The Lobster Shanty, 25 Front Street(24 New Derby St., Unit Salem 1. A request for a variance was filed with the Board by William Peterson, AIA (Applicant)on March 29, 2016 The applicant has requested variances from the following sections of the 06 Rules and Regulations of the Board: Section: Description: 25.1 Petitioners seek a variance to only have one accessible point of access to a new deck,with another inaccessible sliding door that is proposed to be employee-only access between the existing restaurant and the new deck. 30.1 Petitioners seek a variance to allow until April of 2018 for the demolition of the existing noncompliant unisex toilet room and the addition on the east facade of the building to include two (2) unisex accessible toilet rooms. with one (1) beino a fully comDliant unisex toilet room. 2. The application was heard by the Board as an incoming case on Monday, April 25, 2016 3. After reviewing all materials submitted to the Board, the Board voted as follows: GRANT the variance requested for providing only one(1) accessible entrance onto the new deck(521 CMR 25.1)and the time variance for the creation of a fully compliant single user toilet room (521 CMR 30.1), with the following conditions: 1)The restaurant may not open the deck until the ramp construction is completed and signed-off by the Salem Building 2)The toilet room addition, planned to be completed by April 2018, is to be completed by April 1, 2017, along with, or in place of, the proposed exterior renovations noted as Phase 2; 3)Signage is to be posted both within the restaurant and on the restaurant's website noting that there are currently no accessible toilet rooms provided; and 4)An affidavit(signed and notarized under the pains and penalties of perjury) is to be submitted to the Board within 14 days receipt of this decision, stating that the entrance between the existing restaurant and the new deck(via the sliding doors)will be used by employees only. PLEASE NOTE.All documentation (written and visual) verifvina that the conditions of the variance have been met must be submitted to the AAB Office as soon as the required work is completed Any person aggrieved by the above decision may request an adjudicatory hearing before; the Board within 30 days of receipt of this decision by filing the attached request for an adjudicatory hearing. If after 30 days, a request for an adjudicatory hearing is not received, the above decision becomes a final decision and the appeal process is through Superior Court. Date: April 26, 2016 cc: Local Disability Commission Local Building Inspector Chairperson Independent Livina Center ARCHITECTURAL ACCESS BOARD The Commonwealth of Massachusetts Department of Public Safety a d Architectural Access Board ,> One Ashburton Place, Room 1310 Daniel Bennett Boston, Massachusetts 02108-1618 Secretary Charles D.Baker Phone 617-727-0660 Matt Carlin Governor Commissioner Karyn E.Polito - Fax 617-727-0665 Thomas P.Hopkins Lieutenant Governor Executive Director www.mass.gov/dps Docket NumberV 16 104 NOTICE OF ACTION RE: The Lobster Shanty, 25 Front Street(24 New Derby St., Unit Salem 1. A request for a variance was filed with the Board by William Peterson, AIA (Applicant) on March 29, 2016 The applicant has requested variances from the following sections of the 06 Rules and Regulations of the Board: Section: Description: 25.1 Petitioners seek a variance to only have one accessible point of access to a new deck, with another inaccessible sliding door that is proposed to be employee-only access between the existing restaurant and the new deck. 30.1 Petitioners seek a variance to allow until April of 2018 for the demolition of the existing noncompliant unisex toilet room and the addition on the east facade of the building to include two (2) unisex accessible toilet rooms. with one (1) beina a fully comDliant unisex toilet room. 2. The application was heard by the Board as an incoming case on Monday, April 25, 2016 3. After reviewing all materials submitted to the Board, the Board voted as follows: GRANT the variance requested for providing only one (1) accessible entrance onto the new deck(521 CMR 25.1) and the time variance for the creation of a fully compliant single user toilet room (521 CMR 30.1), with the following conditions: 1)The restaurant may not open the deck until the ramp construction is completed and signed-off by the Salem Building 2)The toilet room addition, planned to be completed by April 2018, is to be completed by April 1, 2017, along with, or in place of, the proposed exterior renovations noted as Phase 2; , 3) Signage is to be posted both within the restaurant and on the restaurant's website noting that there are currently no accessible toilet rooms provided; and 4)An affidavit(signed and notarized under the pains and penalties of perjury) is to be submitted to the Board within 14 days receipt of this decision, stating that the entrance between the existing restaurant and the new deck(via the sliding doors)will be used by employees only. PLEASE NOTE:All documentation (written and visual) verifying that the conditions of the variance have been met must be submitted to the AAB Office as soon as the required work is completed. Any person aggrieved by the above decision may request an adjudicatory hearing before the Board within 30 days of receipt of this decision by filing the attached request for an adjudicatory hearing. If after 30 days, a request for an adjudicatory hearing is not received, the above decision becomes a final decision and the appeal process is through Superior Court. Date: April 26, 2016 cc: Local Disability Commission Chairperson Local Building Inspector ARCHITECTURAL ACCESS BOARD Independent Living Center I'he Commonwealth of Massachusetts Department of Public Safer DccketNumber Architectural .access Board One Ashburton Place, Room 1310 _(Office Use Only) ' Boston Massachusetts 02108-1618 Phone: 617-727-0660 Fax: 617=727-0665: www.mass.gov/dps REQUEST FOR ADJUDICATORY HEARING RE: Name and address of building as appearing.on application for variance I, do hereby request that the Architectural Access.Board conduct an informal Adjudicatory Hearing in accordance with the provisions of 801 CNIR Rule 1.02 et. seq. as I am aggrieved by the decision of the Board with respect to Section(s) of the Rules and Regulations of the Architectural Access Board, 521 CMR. I understand that I may request such a hearing within thirty(30) days of receipt of the Notice of Action. bate: Signature PLEASE PRINT: Name Address City/Town State Zip Code E-mail Telephone PLEASE NOTE. This form must be received by the Board within thirty(30) days after receipt of the Notice of Action. Rev, 01/10 The Commonwealth of Massachusetts uAb, d Department of Public Safety } Architectural Access Board < ' One Ashburton Place, Room 1310 Da Boston, Massachusetts 02108-1618 elt Charles D.Baker Secretary S - Governor Phone 617-727-0660 Matt Carlin Commissioner Karya E.Polito Fax 617-727-0665 Lieutenant Governor Thomas P.Hopkins VrWW.mass.gov/dps Executive Director T0: Local Building Inspector Docket Number V 16 104 Local Disability Commission Independent Living Center FROM: ARCHITECTURAL ACCESS BOARD RE: The Lobster Shanty 25 Front Street (24 New Derby St., Unit U-1) Salem Date: 4/26/2016 Enclosed please find the following material regarding the above location: _Application for VarianceDecision of the Board6� _Notice of Hearing _Correspondence _Letter of Meeting The purpose of this memo is to advise you of action taken or to be taken by this Board. If you have any information which may assist the Board in reaching a decision in this case, you may call this office or you may submit comments in writing. The Commonwealth of Massachusetts maw Department of Public Safety Docket Number Architectural Access Board One Ashburton Place, Room 1310 (Office Use Only) Boston Massachusetts 02108-1618 Phone: 617-727-0660 Fax: 617-727-0665 www.mass.gov/dps APPLICATION FOR VARIANCE In accordance with M.G.L., c.22, § 13A, I hereby apply for modification of or substitution for the rules and regulations of the Architectural Access Board as they apply to the building/facility described below on the grounds that literal compliance with the Board's regulations is impracticable in my case. PLEASE ENCLOSE. 1) A filing fee of$50.00 (Check/Money Order) made payable to the "Commonwealth of Massachusetts" and all supporting documentation (e.g. plans in 11" x 17" format, photographs, etc.). In addition, the complete package (including plans, photographs and the completed "Service Notice") must be submitted to all parties via compact disc. 2) If you are a tenant seeking variance(s), a letter from the owner of the building authorizing you to apply on his or her behalf is required. 3) The completed "Service Notice" form provided at the end of this application certifying that a copy of your complete application has been received by the Local Building Inspector, Local Disability Commission (if applicable), and Local Independent Living Center for the city/town that the property in question resides in. A list of the local entities can be found by calling the Architectural Access Board Office or the Local City/Town Clerk. For a list of the Local Independent Living Centers you can either call the Architectural Access Board Office or visit the Massachusetts Statewide Independent Living Council website at http://www.masilc.org/membership/cils. 1. State the name and address of the owner of the building/facility: City of Salem, 120 Washington Street, 3r1 Floor, Salem, MA 01970 E-mail: TStpierre@salem.com Telephone:978-619-5640 Page 1 of 5 Rev, 08/12 '2. State the name and address of the building/facility: Wicked Howl Enterprises, Diane & Lee Wolf, dba The Lobster Shanty, 25 Front Street (24 New Derby Street Unit U-1), Salem, MA 01970 E-mail: lobstershanty@earthlink.net Telephone:5 0 8-42 3-005 2 3. Describe the facility (i.e. number of floors, type of functions, use, etc.): One story, slab on grade building originally built in 1975 as a seasonal unheated building, converted years later to serve as a seasonal (April to Dec) local seafood restaurant & bar. 4. Total square footage of the building: 1,020 Per floor:1 a. total square footage of tenant space (if applicable):1,020 N8:Proposed outdoor deck for dining is 800 sf. 5. Check the work performed or to be performed: New Construction X Addition X Reconstruction/Remodeling/Alteration _ Change of Use 6. Briefly describe the extent and nature of the work performed or to be performed (use additional sheets if necessary): The immediate project includes the addition of an 800 sf uncovered wood deck ar near ground level with bistro style seating on paved paseo, and fencing to enclose the trash and equipment. Future phase work includes remodel of the bar as well as a small addition for new toilet rooms. 7. State each section of the Architectural Access Board's Regulations for which a variance is being requested: 7a. Check appropriate regulations: 1996 Regulations 2002 Regulations X 2006 Regulations SECTION NUMBER LOCATION OR DESCRIPTION 25 Entrances The proposed deck will have only one accessible entrance, one non- accessible for staff only, and one more additional for emergency means of egress 30 Public Toilet Rooms The current phase will rely on the existing non-compliant unisex toilet room, whereas a future phase will include a fully compliant unisex toilet room and one non-compliant 8. Is the building historically significant? _yes X no. If no, go to number 9. 8a. If yes, check one of the following and indicate date of listing: National Historic Landmark Listed individually on the National Register of Historic Places Located in registered historic district Listed in the State Register of Historic Places Page 2 of 5 Rev, 08/12 Eligible for listing 8b. If you checked any of the above and your variance request is based upon the historical significance of the building, you must provide a letter of determination from the Massachusetts Historical Commission, 220 Morrissey Boulevard, Boston, MA 02125. 9. For each variance requested, state in detail the reasons why compliance with the Board's regulations is impracticable (use additional sheets if necessary), including but not limited to: the necessary cost of the work required to achieve compliance with the regulations (i.e. written cost estimates); and plans justifying the cost of compliance. 25 Entrances Variance for proposed deck will have only one accessible entrance, one non-accessible for staff only, and one more additional for emergency means of egress. Based on the tight physical restrictions of the site, the busy flow of the summer season, and compliance issues with the ABCC and Public Health Regulations (regarding ID Check Points & crowd control) the client request that one accessible entrance, ramp, be allowed as the main means of egress to the deck for both able bodied and disabled patrons. 30 Public Toilet Rooms Time Variance Based on the seasonal nature of this restaurant, tight physical restrictions of the site, and financial necessity to open the restaurant in time for the busy summer season, and basic financial limitations the applicant request that the toilet room addition be delayed and completed in a later phase. 10. Has a building permit been applied for? Yes Has a building permit been issued? No 10a. If a building permit has been issued, what date was it issued? n/a 10b. If work has been completed, state the date the building permit was issued for said work: n/a 11. State the estimated cost of construction as stated on the above building permit: n/a 11a. If a building permit has not been issued, state the anticipated construction cost: $40,000.00 12. Have any other building permits been issued within the past 36 months? No 12a. If yes, state the dates that permits were issued and the estimated cost of construction for each permit: n/a 13. Has a certificate of occupancy been issued for the facility? n/a If yes, state the date: n/a 14. To the best of your knowledge, has a complaint ever been filed on this building relative to accessibility? No Page 3 of 5 Rev, 08/12 Si 15. State the actual assessed valuation of the BUILDING ONLY, as recorded in the Assessor's Office of the municipality in which the building is located $59,700 Is the assessment at 100%? Not Available If not, what is the town's current assessment ratio? n/a 16. State the phase of design or construction of the facility as of the date of this application:Drawings submitted to City for permit; Site preparation and excvation has started with permission from Building Department under condition that no "construction" start. 17. State the name and address of the architectural or engineering firm, including the name of the individual architect or engineer responsible for preparing drawings of the facility: William Peterson, AIA, Kontseptual, Inc. Architect, 10 Derby Square, Unit#NB, Salem, MA 01970 Bill@kontseptual.com 857.209.8596 18. State the name and address of the building inspector responsible for overseeing this project: Thomas St. Pierre, Building Commissioner City of Salem, 120 Washington Street, 311 Floor, Salem, MA 01970 E-mail: TStpierre@salem.com Telephone:978-619-5640 Date:3/28/2016 Signature of owner or authorized agent PLEASE PRINT: William Peterson Name 10 Derby Square, Unit#NB Address Salem MA 01970 Cityrrown State Zip Code bill@kontseptual.com E-mail 857-209-8596 Telephone Page 4 of 5 Rev, 08112 ARCHITECTURAL ACCESS BOARD VARIANCE APPLICATION SERVICE NOTICE I, William Peterson, as architect for the Petitioner Wicked Howl Enterprises, dba The Lobster Shanty submit a variance application filed with the Massachusetts Architectural Access Board on March 29th 2016. HEREBY CERTIFY UNDER THE PAINS AND PENALTIES OF PERJURY THAT I SERVED OR CAUSED TO BE SERVED, A COPY OF THIS VARIANCE APPLICATION ON THE FOLLOWING PERSON(S) IN THE FOLLOWING MANNER: NAME AND ADDRESS OF PERSON OR AGENCY METHOD OF SERVICE DATE OF SERVED SERVICE Thomas St. Pierre, Building Comissioner Hard Copy & Email 3/29/2016 1 AND CERTIFY UNDER THE PAINS AND PENALTIES OF PERJURY THAT THE ABOVE STATEMENTS TO THE BEST OF MY KNOWLEDGE ARE TRUE AND ACCURATE. Signature: Appellant or Petitioner On the 29th Day of March 2016 PERSONALLY APPEARED BEFORE ME THE ABOVE NAMED William Peterson, AIA, NCARB (Type or Print the Name of the Appellant) NOTARY PUBLIC MY COMMISSION EXPIRES Page 5 of 5 Rev, 08/12 <ontseptual architects ta4nplanners TIME VARIANCE SCHEDULE 03/29/2016 Client: Wicked Howl Enterprises The Lobster Shanty 25 Front Street Artists' Row Salem, MA 01970 Code Authority: Thomas Hopkins, Executive Director MAAB,One Ashburton Place, Room 1310 Boston, MA 02108 Project: Lobster Shanty—Front Deck Renovation Subject:AAB Compliance—Request for Time Variance Dear Mr. Hopkins, Related to our project at the Lobster Shanty, please, consider the following as a basic outline of the proposed schedule for the project to make it fully compliant with CMR 521-Ch 30 Public Toilet Rooms by April 2018 and further best practice improvements to the interior by 2020—per the lease agreement with the City of Salem,the landlord of my client. Schedule: Phase Scope of Work Completion 1 Front Deck Renovation April 2016 Addition of raised deck on north side, reconfigured concrete patio layout, and new wood privacy fence along southeast fa4ade to conceal trash and recycling 2 Exterior Improvements April 2017 Relocation of main entrance, removal and replacement of windows, and addition of door to connect interior of restaurant and Phase 1 Deck 3 Toilet Room Addition April 2018 Demolition of existing unisex,non AAB compliant toilet room in exchange for addition on east facade of building to include two unisex toilet rooms, one of which will be AAB compliant 4 Interior Renovation April 2020 Comprehensive renovation of restaurant dining room/bar room to include a reconfigured bar, relocated lobster tank, new seating arrangement, and interior finish upgrades Please, reach out to me with questions. Best regards, t William Peterson,AIA, NCARB Principal Architect Kontseptual Inc.l Architects+Interior Planners 110 Derby Square,Garden Suite NB,Salem,MA01970 1 857.209.8596 1 www.kontseptual.com 3 .., 248 CMR: BOARD OF STATE EXAMINERS OF PLUMBERS AND GAS FITTERS \ 10.10: continued 3. The number of toilets and lavatories shall be provided within reasonable access (as defined in 248 CMR 10.10(18)0)4.) and in accordance with 248 CMR 10.10(18): Table 1 for industrial facilities. 4. Distance of direct access for industrial establishments requires that;in no case may a toilet facility be located more than 300 feet in developed direct distance away from the regular place of daily work activity of any persons for whose use it was designed.Except where service elevators,accessible to the employees,are provided 5. Each 20 linear-inches,or 18-inch circumference-inches of usable sink access will be considered the equivalent of one lavatory. 6. In industries and manufacturing facilities with departments where there is excessive exposure to substances or liquids or where the work performed may create dust and grit conditions,one lavatory sink may be required for every five persons and in all cases,a potable water supply of hot and cold water shall be provided. (k) Medical and Health Care Building Toilet Facilities. 1. In all medical and healthcare buildings there shall be separate designated toilet facilities on each floor for male and female patients and visitors. 2. The toilet facilities may be located in a common or core area on each floor so long as the toilet facilities are within 300 feet of all offices. 3. Accessibility to the toilet facilities shall be direct; it shall not require going from one medical office through another for access to the toilet facilities. 4. Handicap toilet facilities are required on each floor. 5. A minimum of one drinking fountain shall be installed for each set of toilet facilities. (1) Covered Malls Toilet Facilities. 1. In all covered malls there shall be separate designated public toilet facilities for male and females.These toilet facilities shall be centrally located in the common core area on each floor. 2. These facilities are in addition to the requirements of 248 CMR 10.10(18)(1) regarding toilet facilities for male and female employees. 3. When the occupancy exceeds 9,000,toilets shall be installed at the rate of one per 1,500 for women and one per 3,000 for men. Lavatories shall be installed as listed in 248 CMR 10.10(18):Table 1. (m) Handicap Toilet Facility Requirement Facility for the physically handicapped person: 1. Plumbing fixtures shall be installed in conformance with 521 CMR 30.0:Public Toilets(for fixture dimension requirements only). 2. When public toilet facilities are to be installed, handicap plumbing fixtures shall comply with the requirements of 248 CMR 10.10(18)(m). 3. Unisex handicap toilet facilities maybe allowed by the Board by the variance process as outlined in 248 CMR 3.04(2): a. A variance is not required if the fixtures in an existing or proposed men's and women's toilet facility and the fixtures in a unisex handicapped toilet facility meet the minimum fixture requirements of 248 CMR 10.10(18): Table 1.A unisex toilet may be counted only one time toward the total minimum fixture requirements. b. These toilet facilities shall be kept dear of obstructions at all times in accordance with 105 CMR. 4. Wherever drinking fountains are provided,a drinking fountain shall accessible to the physically impaired. 5. Additional sanitary facilities for the physically impaired;handicap toilet stalls placed within a fully compliant 248 CMR. toilet facility may also provide an additional accessible handicap lavatory within the toilet stall area. The lavatory placement shall comply with the requirements of 521 CMR. (n) Toilet Facilities General. - 1. Toilet facilities accessible to the public which have two or more toilets or urinals, or two or more thereof in any combination, shall provide a floor drain equipped with an automatic trap priming device and a valved hose connection equipped with a backflow preventer. The hose connection is for the purpose of - floor cleaning in the toilet facility. 2. Floor drains shall be installed in the vicinity of the urinal(s) and placed at a grade to enable floor drainage to the floor drain from all directions. 3/11/05 248 CMR- 155 c a PHASE 2 - INTERIOR RENOVATION AND BATHROOM ADDITION CP RECONFIGURED TOILET ROOMS -� 0-�-�`- .11� - 1 - _� - 4 l p �n e i 51 lu DRINK RAIL '�- UP fy1� TOILET ROOM ADDITION RELOCATED ENTRY 1 NEW MAIN PLAN - PHASE 2 1/8" = v-0" z 10 Derby Square Wicked Howl Enterprises - PROPOSED FINAL PLAN Garden Suite NB <Ontseptual Salem, MA 01970 PHASE 1 - LOBSTER SHANTY DECK ADDITION Al 03 Proj. No. 15024—SHANTY architects interior planners 857.209.8596 i Date 3/28/16 www.kontseptual.com 25 Front Street Salem, MA 01970 ; CONSTRUCTION PHASES KEY O EXISTING WALL TO REMAIN O NEW WALL ] EXISTING WALLTO BE REMOVED �� REMOVED STING PROPOSED COMPONENT TO BE PROPOSED TOILET ROOM ADDITION UNI-SEX AAR UNI-SEX NON- COMPLIANT TOILET COMPLIANT ROOM TOILET ROOM o O m O 6'-6" � F-, U 0 7-6" ------L—L –.–_ –. 11'-0"TO PIER I i ENLARGED TOILET ROOM ADDITION Z 1 1/2" = 1'-0•' 10 Derby Square Wicked Howl Enterprises ENLARGED ADDITION Garden Suite NB <ontseptual Salem, MA 01970 PHASE 1 - LOBSTER SHANTY DECK ADDITION Al 04 Proj. No. 15024—SHANTY architects interior planners 857.209.8596 Date 3/28/16 i www.kontseptual.com 25 Front Street Salem, MA 01970 EXISTING SHANTY TO REMAIN NEW FENCED IN AREA EXISTING SIGN TO REMAIN EXISTING SIGN TO REMAIN NEW POST WITH FIXTURES NEW WOOD SCREEN u � _ x: NEW PATIO r NEW SOUTH n NEW NORTH 1/8" = 1'-0" 1/8" = 1'-0" NEW REMOVABLE METAL RAIL NEW POST WITH FIXTURES NEW FENCE TO CONCEAL TRASH AND RECYCLING SEE PLAN FOR DIMENSIONS2 NEW WOOD SCREEN A501 NEW DECK •r . - n - .__J/ \\ y.. '—"–_ 's. f., ; ♦ _ z x� '' rTnrr 'Sl%0a rmR1 n y I � n NEW EAST NEW RAMP&AAB COMPLIANT RAILS 1/8" = 1'-0" NEW WOOD PLANK BACK M. M = Y_ ? T ��i-7T 7i� s i- NEW WEST 10 Derby Square Wicked Howl Enterprises PROPOSED ELEVATIONS r SuiteGarden PHASE 1 - LOBSTER SHANTY <Ontse tual aem, MA0970 Project number 15024–SHANTY 1 architects I intetiorplwmrs 857.209.8596 DECK ADDITION Date 3/28/16 A300 i 25 Front Street Salem, MA 01970 Drawn by AKP www.kantseptual.com Checked by WJP Scale 1/8"= V-0" WEATHER TREATED WEATHER TREATED 6"X6"X8'H POST 6"X6"X8'H POST I ELLY JAR OUTDOOR JELLY JAR OUTDOOR LIGHTING LIGHTING CUSTOM BUILD OUTDOOR CUSTOM BUILD OUTDOOR WOOD BENCH @ 30' LONG WOOD DRINK RAIL @ 9'LONG 0 RUSTIC WOOD PANELING 6 RUSTIC WOOD RAILING ❑ x p z TIMBER TECH DECKING ti O F _ x _ N 2X8 PT FRAMEA 3— XS LL � WITH HANGERS A 3-2X8 0 `r BEAMS ti PT BEAM WITH GALV SHOE DECK LEVEL (� 6 — — STRAP �_.. —�_ -_._..._....®.. L — — Q MAIN FLOOR SECTION AT BENCH SECTION AT DRINK RAIL 12"DIA CONC PIER m 1 1/2" = 1'-0" 2 1/2" = 1'-0" FOUNDATION I � n SECTION AT FOOTING 1/2" - 1 -0 ' IIIIiIIiliil VIII T 1I III �a� , 1 - II III Ij -- o 1 ) iII DECK LEVEL 101' - 0" V n SECTION AT RAMP 1/4" = 1'-0" 10 Derby Square Wicked Howl Enterprises SECTION + DETAILS Garden Suite NS PHASE 1 - LOBSTER SHANTY Onts e to a I Salem, MA 01970 Project number 15024—SHANTY architects I interior planners 857.209.8596 DECK ADDITION Date 3/28/16 A4 0 1 ` 25 Front Street Salem, MA 01970 Drawn by AKP www.kontseptual.com Checked by WJP Scale As indicated L " NC PIERS 6X6 PT WD POSTS 1/8° 1D'-0.. 10'-o" 10'-0^ 12" DIA CONC PIERS 48" DEEP 10 3-2x10 3-2x10 3-2x10 FRAMING LEGEND 1r 1r 1 1r 1r 1r 1r 1r 1r 1r 1r 1r 1r 1r 1r 1 1r 1r 1r 1r 1r 1r FLUSH MEMBER 2x$ 1( " OC DROPPED MEMBER — — — — — — — — @ o HEADER FRAME AROUND x ❑ N POST(UP&DOWN) STAIR N TOP MOUNT POST(DOWN) ❑ 3 /2 X 1/ " PS 3 /2 9 1/ " PS 1/2 9 1 2" P L 3 1 2 X 1/2' PSL HANGERS JOIST HANGER J L JLu. JL JL JL JL J JL JL JL -J JL JL JL JL J JL JL JL JL JL JL REPLACE 1r 1r-1r 1r 1r 1r— 1r 1r�r 1r' 1 fl —1r �r 1r 1r 1r-1r WINDOW WITH THIS DRAWING IS A GRAPHIC REPRESENTATION \ 2X8 16' OC �„ OF THE FRAMING FOR THIS STRUCTURE. DOOR \ / CONTRACTOR SHALL NOT SCALE THIS DRAWING FOR THE LOCATION OF FRAMING MEMBERS \ / 2-2x10 7 REFER TO THE PLANS,ELEVATIONS AND SECTIONS FOR DIMENSIONS AND HEIGHTS. / \ o COMPLETE FIELD VERIFY ANY EXISTING CONDITIONS FLAT GRADE TO \ ACCESS TO BEFORE ORDERING. DOOR \\ ` MANHOLE 0 3 /2 X 1/ " PS 3 1/2 9 1 2" P L ) 2 FRAMING LEGEND 2L2 — - - — - - � — — — 1/4 - 1 -0 JL JL JL JL JL JL ... @j Up 2x 8 @ 6" CC N i a JOIST FOR UP x I RAMP N y CAST STON E JL J I] JL JL JL JL JL JL -' PAVERS OVER 3-2x10 3-2x10 GRAVELBASE n DECK FRAMING PLAN 1/4" = 1'-0" z 10 Derby Square Wicked Howl Enterprises DECK FRAMING PLAN tual Salem, VA 01970 Garden PHASE 1 - LOBSTER SHANTY <OntSe Project number 15024—SHANTY , architectsirrterior�anners 857.209.8596 DECK ADDITION Date 3/28/16 A500 25 Front Street Salem, MA 01970 Drawn d AKP www.kontseptual.com Checked by WJP Scale 1/4"= 1'-0" C\ L [ x it F i T o I � �ii�ii�iiiiEu��i�iii��i�� 'I►II►IIIII� IIIIIIIIC�III�� I ��1�� ;� � �d " � I � � � � � �� E� r F7I � t .. . 1 _i" � ■ _ � � � .. nun ��. ..._ �,c�, 5 �:.'�dr* � ' `t' F• ! ► r p /i'i I `�e'�'�•si�il, I__�I I ` � ` 2 ,v. ``�' .. � 0141 w w i 1 _ � I 1 i f I NEW FENCED IN AREA ZZ 10 Derby Square Wicked Howl Enterprises RENDERING <ontse tual Saerden Suite NB m, MA01970 PHASE 1 - LOBSTER SHANTY Project number 15024-SHANTY ` architects interiorptannem 857.209.8596 DECK ADDITION Date 3/28/16 A701 25 Front Street Salem, MA 01970 Drawn by AKP www.kontseptual.com Checked by WJP Scale Wicked Howl Enterprises DRAWING LIST PHASE 1 - LOBSTER SHANTY DECK ADDITION c000 COVER i 25 Front Street Salem, MA 01970 X100 EXIST AND DEMO SITE PLAN X101 EXISTING PLANS X300 EXISTING ELEVATIONS X500 EXISTING PHOTOS -4 A100 PROPOSED SITE A101 CIRCULATION FLOW -r - A102 ENLARGED DECK A103 PROPOSED FINAL PLAN A104 ENLARGED ADDITION A300 PROPOSED ELEVATIONS A500 DECK FRAMING PLAN A700 RENDERING A701 RENDERING 21v �I r 10 Derby Square r Garden Suite NB <ontseptual Salem, MA 01970 Status PERMIT SET architects interior planners 857.209.8596 Proj. No. 15024—SHANTY ! Date 3/28/16 www.kontseptual.com ORIGINAL SUBMISSION 2/23116 1. REMOVE PLANTER- COORDINATE W/CITY OF SALEM ARBORIST 2.REMOVE LAMPOST-COORDINATE W/CITY OF SALEM ELECTRICAL DEPARTMENT 1 3.RELOCATE MAP-COORDINATE W/CITY OF SALEM PUBLIC ART COMMIS./TOURISM 4, REMOVE BOLLARDS-PLACE NEW BOLLARDS WHERE NECESSARY 2 5. 'LOBSTER SHANTY'SIGN TO REMAIN-NEW SIGNAGE TO BE COORDINATED IN PHASE 2 6, EXISTING SEWER MAN HOLE-NOT CONNECTED 3 - �� L i 1I I j LU i I r EXISTING SHANTYLU N 1I .l' a e a e e e e a a °Q ` • Q ° a4 O • en e I� a• r ��s 11 - �str'y e ° d e A e 4 .j4O •A _ Q a. • '° e CADTIVTS' ROW4 4 6 5 REMOVE COBBLESTONES EXISTING LINE OF PATIO USE n EXIST SITE PLAN 1/8" 1 1-01, C z Wicked Howl Enterprises 10 Derby Square EXIST AND DEMO SITE PLAN Garden Suite NB PHASE 1 - LOBSTER SHANTY Onts eFtiyonnersI Salem, MA 01970 Project number 15024SHANTY "itects 857.209.8596 DECK ADDITION Date 3/28/16 X1 00 25 Front Street Salem, MA 01970 Drawn by AKP www.kontseptual.com Checked by WJP Scale 1/8" = 1'-0" I CITY LIGHT POST c i t I I - t t EXISTING, I TREE I , I I I I I I II I r I 3 EXIST ROOF PLAN 1/8 - 1 -0 EXISTING FENCE TO REMAIN X300 ELEC PANEL&METER EXISTING BOLLARDS TO 1 REMAIN EXISTING SIGN TO BE RELOCATED,TBD BY CITY F1 F1 F7 ❑ CITY LIGHT TO BE REMOVED EXISTING KITCHEN SPACE EXISTING RESTAURANT 0 SPACE EXIST TO REMAIN MANHOLE 3 X300 COVER X300 4 CONCRETE TREE PIT EXISTING BOLLARDS TO EXISTING BOLLARD TO BE 2 TO BE REMOVED REMAIN RELOCATED EXISTING BOLLARD TO BE EXISTING SIGN TO X300 RELOCATED REMAIN n EXIST MAIN PLAN Z 1/8" = 1 _C0 Wicked Howl Enterprises EXISTING PLANS 10 Derby Square I Garden Suite N13 PHASE 1 - LOBSTER SHANTY <o ntse perior�an�ers 657.209.8596 tu a I Salem, MA 01970 Project number 15D24—SHANTY architects uKDECK ADDITION Date 3/28/16 xi 01 25 Front Street Salem, MA 01970 Drawn by AKP www.kontseptual.com Checked by ME) Scale 1/8"= 1'-0" E CITY STREET LIGHT; RELOCATE EXISTING SIGN TO REMAIN EXISTING SIGN TO F _ r j - REMAIN 00 t EXISTING PLANTER TO BE re EXISTING BOLLARD TO BE REMOVED RELOCATED —I I I—III—III—III—III—III—I 1 1—I 1I— n EXIST SOUTH n EXIST NORTH EXISTING SIGN TO REMAIN TREE TO BE REMOVED EXISTING BOLLARD TO BE RELOCATED a In I s —I 1 11 I II 111 t IIIIIIIIII1 111 1 VIII 111 I IIIIIII1 I IIIIIIIIII—III ` 1 I II 111 I I-1111 n EXIST EAST 1/8" = 1'-0" s - - s _ x r � Y I I—III—III—III—III—III—I}I I—I I I S I '—I i I�III—III—I 1 I—III—III—III—III—III—I 11=1 I I—III—III—I I I— ELEC PANEL&METER n EXIST WEST 1/8" = 1'-0" 10 Derby Square Wicked Howl Enterprises EXISTING ELEVATIONS i Garden Suite NS PHASE 1 - LOBSTER SHANTY <o ntse ptu a I Salem, MA 01970 Project number 15024 SHANTY architects mteriorplanners 857.209.8596 DECK ADDITION Date 3/28/16 X300 ` 25 Front Street Salem, MA 01970 Drawn by AKP www.kontseptual.com Checked by WJP Scale 1/8"= 1'-0" d ^�•"' � ��_� . . 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"""i �. w V"�0��^ Fe` �.'r< (F`F ami } �' Oda'/ � ./ "'5e�j 9 t " k S:� •ti,,.is ,i nr?' ` p ..,.;`��'� � ,` �'.!yl , j�t � ISS i��■_� �.I �� - I' �• � ' ' t� %4+'M L _ jNO CHANGE I' =PHASE b � d n u6,� X114 7,.aaH� a 94 O O jupz 10 Derby Square Wicked Howl Enterprises PROPOSED SITE Garden Suite NB PHASE 1 - LOBSTER SHANTY <o nts e ptu a I Salem, MA 01970 Project number 15024—SHANTY architects interior planners 857.209.8596 DECK ADDITION Date 3/28/16 A 1 0 0 25 Front Street Salem, MA 01970 Drawn by AKP www.kontseptual.com Checked by WJP Scale 1/8"= T-0" BLUE LINE REPRESENTS INTENDED NEW SERVICE SLIDING DOOR WITH FLOW OF STAFF TRAFFIC WOOD SWINGING SCREEN DOOR TWO RISERS DOWN TO INDOOR LEVEL U u , i , T �^ `. 2RUP r ` T- 1 ! CURRENT TOILET 14" RISE ROOM .Gr i RAMP UP I, cl�_�... / MAIN UP 14" RISE IIhU.... I L.4 9.-.! A.._t k-_.i L.4 �� t ACCESS RED LINE REPRESENTS PRIMARY HOST MAIN ENTRANCE TO EMERGENCY EGRESS AREA ENCLOSED INTENDED FLOW OF STAND DECK,RAMP UP STAIR WITH WITH POST&CHAINS PUBLIC TRAFFIC REMOVABLE CHAIN WITH PLANTERS n PHASE 1 - CIRCULATION FLOW z 10 Derby Square Wicked Howl Enterprises CIRCULATION FLOW Garden Suite NB PHASE 1 - LOBSTER SHANTY <o n is e pt u a I Salem, MA 01970 Project number 15024—SHANTY DECK ADDITION Date 3/28/16 architects interior Planners 857.209.8596 25 Front Street Salem, MA 01970 Drawn by WJP A101 www.kontseptual.com Checked by WJP Scale 1/8"= 1'-0" 391-91, BEVELED RUTH FOR LIGHT CONNECT POST TO EXISTING AT CORNER BRICK COLUMN 2 1/4" 9'-5" 20'-0" 10'-0" 10'-0" 13/4" BOLLARDS TO REMAIN — WOOD RAILING I� -- �— I 30'-0" RELOCATED SIGN, BENCH ( TBD BY CITY NEW BUILT IN BENCH, i"'�- -- l----- " — _ SEE DTLS. PROPANE FIRE - - ---TWO RISERS----- FEATURE —DOWN TO - l _ ---INDOOR SERVICE AREA, PROVIDED _ _ LEVEL Z BY OW NER Q - BOLLAR TO Ds REMAIN Illi J f � i NEW 6070 SLIDING DOOR I 3F t' r ,F EMERGENCY EXIT FROM o - f_ DECK Sim I COMPOSITE DECKING RAMP CAST STONE PATIO FLUSH WITH DECK AND SIDEWALK BARNBOARD WOOD FACE FASTENED TIMBER TECH DECK RAILING -EARTHWOOD EVOLUTIONS, LEGACY COLLECTION, BEVELED PLITH FOR LIGHT OUTDOOR STAGE FOR RELOCATED BOLLARD COLOR:ASHWOOD AT CORNER PERFORMANCES(LEVE WITH SIDEWALK) n ENLARGED - PHASE 1 - DECK PLAN Z 1/4" = 1'-0" ODerbySquare Wicked Howl Enterprises ENLARGED DECK Garden Suite NB PHASE 1 - LOBSTER SHANTY <o nts e to a( Salem, MA 01970 Project number 15024—SHANTY architects I imerior planners 857.209.8596 DECK ADDITION Date 3/28/16 Al 02 25 Front Street Salem, MA 01970 Drawn by AKP www.kontseptual.com Checked by WJP Scale 1/4"= V-D" ft Certificate Number: B-16-146 Permit Number: B-16.146 Commonwealth of Massachusetts City of Salem Thisis to Certify that the ....................................................................................Building...........................................................:............... located at Building Type 24-U-1 NEWDERBYSTREET............................................................. in the .....................................City of Salem............................................... .......................................................................................................................................... Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY Lobster Shanty Outside Deck LIMNE WOLF This Permit is granted in conformity with the Statutes and Ordinances relating thereto, and expires .....::........................Not Applicable......_...................... unless sooner suspended or revoked. E)viratlon Date Issued On: Thursday, June 16, 2016 < i — 9 (;,i.'P.itv of Salem s 120 Wach;ngton St,3rd Floor Salem,MA 01970(978)745-9595 x5641 D � Return card to Building Division for Certificate of Occupancy Structure CITY OF SALEM BUILDING PERMIT IPERMIT TO BE POSTED IN THE WINDOW 1 E"j'ation Foodrg INSPECTION RECORD , Foundation Ftam ng 6Aoc11 i3nical Imuk Ition INSPECTION: BY DATE Chimney/Smoke Chamber �� / Finan Plum in6/Gas Rougoi:Plumbing - f Rou,';n:Gas rme; t Electrical Service Rcrlah'. Fhal i r Fire Department iary F6w7 Health Department 't k� 1 t alimiriary Fatal y Commonwealth of Massachusetts Citv of Salem 0 120 Washington St,3rd Floor Salem,MA 01970(978)745-9695 x5641 Return card to Building Division for Certificate of Occupancy Permit 8-16-146 PERMIT T O BUILD FEE PAID:: $3$341.00 DATE ISSUED: 5/5/2016 This certifies that WICKED HOWL ENTERPRISES INC dba/ LOBSTER SHANTY has permission to erect, alter, or demolish a building 24-U-1 NEW DERBY STREET Map/Lot: 340424-701 as follows: Other Building Permit ADD DECK & A DOOR TO THE SIDE OF THE BUILDING (For The Lobster Shanty @ 25 Front Street.) Contractor Name: STEPHEN STODDARD DBA: LIGHTHOUSE CONSTRUCTION /'-- Contractor License No: 080902 / /V• � 5/5/2016 Building Official Date This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months after issuance.The Building Official may grant one or more extensions not to exceed six months each upon written request. All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted. All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by-laws and codes. This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for public inspection for the entire duration of the work until the completion of the same. The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials are provided on this permit. HIC#: "Persons contracting with unregistered contractors do not have access to the guaranty fund"(as set forth in MGL c.142A). Restrictions: Building plans are to be available on site. All Permit Cards are the property of the PROPERTY OWNER. iE <ontseptual architects interior planners DESIGN NARRATIVE 03/16/2016 Client: Wicked Howl Enterprises The Lobster Shanty 25 Front Street Artists' Row Salem, MA 01970 Building Authority: Michael Lutrzykowski, Public Property Assistant City of Salem Inspectional Services 120 Washington Street, 4th Floor Salem, MA 01970 Project: Lobster Shanty— Front Deck Renovation Subject: AAB Compliance with Public Entrances to New Deck Dear Mr. Lutrzykowski, As a follow up to a meeting in your office on 3/10/16 and at the project site in question on 3/16/16 1 would like to offer the following design narrative to better explain the design intent regarding issues of universal access design and compliance with MAAB (521 CMR) as well as the Bth Edition Base Code(780 CMR) as Amended to the IBC (20096th Printing). MAAB 521 CMR 17:00 Restaurants The indoor and outdoor dining areas will be at minimum 5% accessible as required by 521 CMR— 17.2 Seating. The designed deck addition shall be accessible as required by 521 CMR— 17.5 Dining Areas. 24:00 Ramps As the design calls for a deck raised from the level of the existing interior dining room floor and adjacent paved paseo a ramp will be used to access the raised deck and will comply with 521-CMR—24:00 Ramps.While exact existing conditions are still to be determined the design currently anticipates a 12" rise in elevation calling for a 12 feet long ramp(at minimum) and will lengthen as needed if the total rise is required to increase. 25:00 Entrances According to 25.1 all public entrance(s)of a building shall be accessible. "Public entrances are any entrances that are not solely service entrances, loading entrances, or entrances restricted to employee use only." As such the main entrance to the exterior deck will be at the southeast corner of the deck by way of a ramp. Due to need for crowd control related to the safe and proper operations of a restaurant and bar the public entrance to the deck will be limited to,this one access point. To comply with 780-CMR Chapter 10'(Means of Egress) a second means of egress out of the fenced in, but open air deck, will be provided on the east side of the deck KontseptuaI Inc I Architects+Interior Planners 110 Derby Square,Garden Suite N8,Salem,MA 01970 1 857.209.8596 1 w .kontseptual.com <ontseptual architects interior planners with a moveable chain to act a deterrent from guest not yet screened by restaurant staff for compliance with liquor laws. A third access point to the deck at the south end of the deck will connect the interior of the restaurant to the deck for the purpose of staff servicing the restaurant. This door is not universally accessible as it has a step and two risers once outside to reach the deck level. Summary Based on the Lobster Shanty being a seasonal restaurant and most of the seating being on the outside of the restaurant the main host station will be located outside at the approximate centroid of the seating arrangement. With the location of the host station in mind the main entrance to the deck will be outside such as is the open air deck. While the new sliding door at the south end of the deck is not AAB compliant it is not to be used as a primary or even public entrance as patrons will be escorted from the host stand directly to the outdoor seating if of course that is requested by them. If the guest request to sit indoors then they will be escorted through the AAB compliant existing entrance by the bar area and brought to their indoor table. Both the indoor and outdoor dining areas comply with AAB seating regulations. To better illustrate this design intent and circulation flow, please, review SK-1 which describes the design as currently being reviewed by the building department but with annotations to better narrate the intended use and public/private nature of how the space and means of egress will be used. It is the above statements that lead me to propose this design as compliant with MAAB (521 CMR)as well as the 8" Edition Base Code(780 CMR) as Amended to the IBC(2009 6t^ Printing). Please, reach out to me with questions. Best regards, William Peterson, AIA, NCARB Principal Architect Kontseptual, Inc. KontseptuaI Inc.I Architects+Interior Planners 110 Derby Square,Garden Suite NB,Salem,MA 01970 1857.209.8596 1 w Aontseptual.com BLUE LINE REPRESENTS INTENDED NEW SERVICE SLIDING DOOR WITH FLOW OF STAFF TRAFFIC WOOD SWINGING SCREEN DOOR TWO RISERS DOWN TO INDOOR LEVEL � � T- I f CJ I� —�f !_� �i_a' �� lJ�� • 2RUP t_ � r I_� it l yx.- r Q��r t 1 I 1/ EI °"`�= --�`" SERVICE STATIONI- L l 'MAIN �I 12'PUP L CF-11 { 1 ACCESS / O O7RED LINE REPRESENTS SECONDARY HOST PRIMARY HOST MAIN ENTRANCE TO DECK, + EMERGENCY EGRESS STAIR AREA ENCLOSED INTENDED FLOW OF STAND(WHEN BUSY) STAND RAMP UP ry m WITH REMOVABLE CHAIN WITH POST&CHAINS PUBLIC TRAFFIC WITH PLANTERS n PHASE 1 - CIRCULATION FLOW 1/8" = 1'-0" z 10 Derby Square Wicked Howl Enterprises CIRCULATION FLOW Garden Suite NB PHASE 1 - LOBSTER SHANTY <o nts e }l U ( Salem, MA 01970 Project number 15024 SHANTY DECK ADDITION architects mterforplanners 857.209.8596 Date 3/11/16 SK- 1 25 Front Street Salem, MA 01970 Drawn by WJP www.kontseptual,com Checked by WJP Scale 1/8"= V-0" .� CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3RD FLOOR TEL: 978-745-9595 KIMBERLEY DRISCOLL FAX: 978-740-9846 MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING CONMIISSIONER Build Permit Response 25 Front Street — Lobster Shanty March 22, 2016 Kontseptual Architects Interior Planners - William Peterson 10 Derby Square—Garden Suite NB Salem,Massachusetts 01970 Mr. Peterson, Upon review of the revised drawings dated March 11, 2016 and the following issues are still outstanding. The application is denied because the plans do not conform with the requirements of the Architectural Access Boards Regulations, specifically, Article 521 CMR. § 3.1, § 3.3 and § 25.1. 521 CMR. §3.1 SCOPE: "All workperformed on public buildings orfacilities(see definition), including construction, reconstruction, alterations, remodeling, additions, and changes of use shall conform to 511 CMR."§3.3 EXISTING BUILDINGS: "All additions to, reconstruction, remodeling, and alterations or repairs of existingpublic buildings or facilities, which require a building permit or which are so defined by a state or local inspector, shall be governed by all applicable subsections in 521 CMR 3, JURISDICTION."§ 25.1 GENERAL: "All public entrance(s) of a building or a tenancy in a building shall be accessible. Public entrances are any entrances that are not solely service entrances, loading entrances, or entrances restricted to employee use only. 521 CMR 25, ENTRANCES" 3.3.1 If the work being performed amounts to less than 30%of the full and fair cash value of the building and r. a. if the work costs less than $100,000, then only the work being performed is required to comply with 511 CMR 1 - The establishment being `seasonal' has no effect on Architectural Access Board requirements. As stated in 521 CMR. §25.1 Entrances- General, `All public entrance(s)of a building or building or tenancy in a building shall be accessible.....',. Location of a temporary exterior`hostess station' does not define an entrance into the building. ;The k CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3RD FLOOR TEL: 978-745-9595 KIMBERLEY DRISCOLL FAX: 978-740-9846 MAYOR THOMAS STYIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMNUSSIONER proposed new deck construction is not directly accessible by the public from the interior of the existing building as required(521 CMR. § 17.5 Dining areas) without leaving the building. 2 - The new proposed sliding door as you state in your letter does not meet 521 CMR. §3.3.La, as this door installation is new construction it shall comply fully. To make the assertion that it is only a service door, not for the public is not accepted by this office. Requiring the Public to exit the building to access the deck is again is in conflict with 521 CMR. §3.3.La. 3 - Second means of egress off the deck does not meet 780 CMR, 1015.2.1, Two exit or exit access doorways." 4—Refer to 521 CMR. §3.5 Work Preformed Over Time, regarding Project Schedule dated 11/06/2015. 5 - The comments and references in this letter pertain to this Department and the codes in which it governs. It is suggested that other City Departments including but not limited the Heath Department, Fire Prevention and Licensing Department are contacted to discuss any questions directly related to their Departments. You have the right to Appeal both the MAAB regulations and the BBRS regulations to their respective Boards in Boston Please contact my office with any questions. Sincerel , 6w WI-el. Thomas St. Pierre Building Commissioner and Zoning Officer Cc: file, t' i 1 CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT s 120 WASHINGTON STREET, 3'FLOOR req ' TEL: 978-745-9595 KINmERLEY DRtSCOLL FAx: 978-740-9846 MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER Compliance Letter 25 Front Street — Lobster Shanty November 19, 2012 Lobster Shanty c/o Diane and Lee Wolf 25 Front Street Salem, Massachusetts 01970 Mr. and Ms. Wolf„ This letter shall serve as notification that all alleged Chapter 304 violations and notices are no longer outstanding with this Department. Your establishment is presently in compliance with the Massachusetts State Building Code in reference to Chapter 304 of the Acts of 2004 (Fire Safety Act) ,thus your card shall be issued through this Department and the Salem Licensing Board notified of said compliance.. If you have any question please feel free to contact the Building Inspector's Office. Respectfully, Michael E. Lutrzykowski Assistant Building Inspector Cc: file,Jason Silva, Salem Licensing Board CITY OF SALEM, MASSACHUSETTS ylr; BUILDING DLPjRf\II3NI' 120 WASHINGTON SI1 LEL-r,3""Fi.00R v � TEL. (978) 745-9595 Fns (978) 740-9846 KIDIBEM-EY DRISCOL.L 1bL\Y0R TI-ioNL�s S'P.PILRRE DIR-'cioR OP PUBLIC PROPERTY/BUILDING COAIApSSI0N81t July 3, 2008 Lee and Dianne Wolf 25 Front Street(Salem Market Place) Salem Ma.01970 R.E. Lobster Shanty This Department has received complaints regarding music being played late at night(after 11:00).. I looked at your Entertainment license and unfortunately, there were no specifics on the License. You are due to appear at the next Licensing Board meeting on July 14`h and you can discuss this matter with the Board at that time. Until that time, you are directed to cease the outside music by 11:00 per City of Salem Ordinance 22-2 (1). If you have any questions, please contact me directly. Th SPierre Building commissioner/Director of Inspectional Services cc.Mayors Office Licensing Board. Lt. Ouellette Salem P.D O.LC Z5 CONT S j 02-1Z'�;,I f 6 - Zy - U - �� N� :��" Sal' <ontseptual architects interior planners DESIGN NARRATIVE 03/16/2016 Client: Wicked Howl Enterprises The Lobster Shanty 25 Front Street Artists' Row Salem, MA 01970 Building Authority: Michael Lutrzykowski, Public Property Assistant City of Salem Inspectional Services 120 Washington Street,4th Floor Salem, MA 01970 Project: Lobster Shanty-Front Deck Renovation Subject: AAB Compliance with Public Entrances to New Deck Dear Mr. Lutrzykowski, As a follow up to a meeting in your office on 3/10/16 and at the project site in question on 3/16/161 would like to offer the following design narrative to better explain the design intent regarding issues of universal access design and compliance with MAAB(521 CMR)as well as the 8th Edition Base Code(780 CMR)as Amended to the IBC(2009 61h Printing). MAAB 521 CMR 17:00 Restaurants The indoor and outdoor dining areas will be at minimum 5%accessible as required by 521 CMR-17.2 Seating. The designed deck addition shall be accessible as required by 521 CMR- 17.5 Dining Areas. 24:00 Ramps As the design calls for a deck raised from the level of the existing interior dining room floor and adjacent paved paseo a ramp will be used to access the raised deck and will comply with 521-CMR-24:00 Ramps.While exact existing conditions are still to be determined the design currently anticipates a 12" rise in elevation calling for a 12 feet long ramp(at minimum)and will lengthen as needed if the total rise is required to increase. 25:00 Entrances According to 25.1 all public entrance(s)of a building shall be accessible. "Public entrances are any entrances that are not solely service entrances, loading entrances, or entrances restricted to employee use only." As such the main entrance to the exterior deck will be at the southeast corner of the deck by way of a ramp. Due to need for crowd control related to the safe and proper operations of a restaurant and bar the public entrance to the deck will be limited to this one access point. To comply with 780-CMR Chapter 10(Means of Egress)a second means of egress out of the fenced in, but open air deck,will be provided on the east side of the deck KontseptuaI Inc.I Architects+Interior Planners 110 Derby Square,Garden Suite N8,Salem,MAO 1970 1 857.209.8596 1 www.kontseptualxom <ontseptual architects interior planners with a moveable chain to act a deterrent from guest not yet screened by restaurant staff for compliance with liquor laws. A third access point to the deck at the south end of the deck will connect the interior of the restaurant to the deck for the purpose of staff servicing the restaurant. This door is not universally accessible as it has a step and two risers once outside to reach the deck level. Summary Based on the Lobster Shanty being a seasonal restaurant and most of the seating being on the outside of the restaurant the main host station will be located outside at the approximate centroid of the seating arrangement. With the location of the host station in mind the main entrance to the deck will be outside such as is the open air deck. While the new sliding door at the south end of the deck is not AAB compliant it is not to be used as a primary or even public entrance as patrons will be escorted from the host stand directly to the outdoor seating if of course that is requested by them. If the guest request to sit indoors then they will be escorted through the AAB compliant existing entrance by the bar area and brought to their indoor table. Both the indoor and outdoor dining areas comply with AAB seating regulations. To better illustrate this design intent and circulation flow, please, review SK-1 which describes the design as currently being reviewed by the building department but with annotations to better narrate the intended use and public/private nature of how the space and means of egress will be used. It is the above statements that lead me to propose this design as compliant with MAAB (521 CMR)as well as the 8'h Edition Base Code(780 CMR)as Amended to the IBC(2009 61h Printing). Please, reach out to me with questions. Best regards, William Peterson,AIA, NCARB Principal Architect Kontseptual, Inc. KontseptuaI Inc.I Architects+ Interior Planners 110 Derby Square,Garden Suite NB,Salem,MA 01970 1 857.209.8596 1 www.kontseptuaI corn S LINE REPRESENTS INTENDED NEW SERVICE SLIDING DOOR WITH FLOW OF STAFF TRAFFIC WOOD SWINGING SCREEN DOOR BLUE TWO RISERS DOWN TO INDOOR LEVEL A L R U P- 12-RISE SERVICE STATION MAIN RAMPUP 12"RISE ACCESS RED LINE REPRESENTS SECONDARY HOST MAIN ENTRANCE TO DECK, AREA ENCLOSED EMERGENCY EGRESS STAIR INTENDED FLOW OF STAND(WIF BUSYI STAND RAMPUP rm WITH REMOVABLE CHAIN WITH POST&CHAINS PUBLIC TRAFFIC WITH PLANTERS �l PHASE 1-CIRCULATION FLOW �z 10 Dety Square Wicked Howl Enterprises CIRCULATION FLOW Garden S NO PHASE 1 - LOBSTER SHANTY ntsetual ,cm �:0,1-1970 <<O Pmjectnumleer 15024 SHANW p DECK ADDITION Data 3111/16 557.209.8596 1 SK-1 25 Front Street Salem,MA 01970 Drawn by Nip I — �KontaptLatwm Checked by Nip Scale lffl'=1'4" ORIGINAL SUBMISSION 223/16 � p (SnmUMMM10 of Assfiar4us0b CITY OF SALEM In accordance with the Massachusetts State Building Code, Section 108. 15, this y CERTIFICATE OF INSPECTION is issued to JAMES DURATTI / DRACULA' S CASTLE 7 TfrfiI!j that I have inspected the premises known as DRACULA' S CASTLE located at 0020 NEW DERBY STREET y f in the cit of County of Essex Commonwealth of Massachusetts. The means of egress are sufficient for the following number of persons: BY STORY Story Ca a y t.o*ry Capacity Story Ca let igi%8 6$S f AW$%Ls Capacity BY PLACE OF ASSEMBLY OR STRUCTURE Place of Assembly Place of Assembly or Structure Capacity Location or Structure Capacity Location A—„ 12 19 8 214) STALLS 005?-1998 05/01/1998 05/01/1999 Certificate Number Date Certificate Issued Date Certificate Expires ulding O iciul The building official shall be notified within (10) days of any changes in the above information. s c_ I COY'!ONNEAI.lT3 OF ?LNSSACIIIISETTS CITY OF SALES APPLICSTI04 FOR CEiTIFIC:.TE OF IySPECTZON v^' Date ,� - r - g l�J Fee Required S ( ) No Fee Reauired In accordance with the provisions of the Massachusetts State Building Code. Sect C.I. 108, 15.'- I hereby apply for a Certificate of Inspection for the below-named premises CLgcaced at the following address: f�e� a�C� St�ee[�'6 N e P _ p Name of Premises 11 f J L' _'D Pur'pose for which Premises is used = License,(s) or Permit(s) required for the premises by ocher Gover=enral Agencies: License or Permit Asencv l� G, _ Certificate to be issued to: Address: Owner of Record of Building: Address: al eryl ( � 12CJ�� c� 1 I Name of Present Bolder of Certificate: ) "� (Y\ , )o Name of Agent, if any. . . I cure o Pers a co wpom Lerteficate —7 TITLE i issued cr his her authorized agent / Date INSIBIIC=ONS: Day rime phone a M-dasn I- Make checic payable co: The City of Salem 2. Return this application with your check to: Inspector of Buildin¢s. City of Salem Buildine Devartmeur. One Sales Green. Salem. MA. 01970. PLEASE NOPE: 1. Application form with required fee must be submitted for each building or structure of part thereof to be certified_ 2. Application 6 fee must be received before the certificate will be issued. ]. The building official shall be notified within cen (10) days of any change in the above information. CE82TFICATE I Co 5 7 - 7 EXPIRATION DATE: S / PERIODIC INSPECTION REPORT This form is to be completed each time a Periodic Inspection is made. At the time a new Certificate of Inspection is issued, a notation indicating that the fee has been paid will be made to Application Form prior to the new Certificate of Inspection being issued. Any changes since the last inspection are to be added to the file card of the premises. Street 6 Number O ��-✓ UE'�(�/4 J 1 J✓! ��'ih /"l /Cts IL`�GE Name of Premises .(//'/1-GGc( ry�/S �y / Certificate to be issued to: i/fyr} C//ce4-s2 �S C I.� / ( G 5 Address ', `Y /1/C&J z/ C �ljc� Sr 5-4 GF 6:3 Owner of Record of Buildingor Address / - SUi CC', �--, F N Purpose for which premises are used - 3 Changes since last Inspection (required on file card also) 1. A 2. 3. 4. 5. Date Order Issued: Order Issued To: Address Date Violations Corrected: REMARKS: I have this day inspected the above premises, and the same conforms to the pertinent requirements of the Massachusetts State Building Code and the rules and regulations pursuant thereto. - a6) - per Date Building Official Certificate # �� 7 Date Issued: Date Expires: S I f i Recommended Neat Inspection: 0I4r Tommorcmrralt# of 154toultr4usexto A b CITY/TOWN OF In accordance with the Massachusetts State Building Code, Section 108. 15, this CERTIFICATE OF INSPECTION isissued to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Y 1 grfifB that I have inspected the. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .known as. . . . . . . . . . . . . . . . . . . . . . . . . . . locatedat. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .in the. . . . . . . . . . . . .of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . County of. . . . . . . . . . . . . . . . .Commonwealth of Massachusetts. The means of egress are sufficient for the following number of persons: BY STORY Story Capacity Story Capacity Story Capacity Story Capacity BY PLACE OF ASSEMBLY OR STRUCTURE Place of Assembly Place of Assembly 11 or Structure Capacity Location or Structure Capacity Location lq- 3 ) O . . 00 577 - S.-/- '9 Certificate Number Atte Certificate Issued Atte Certificate Expires Building official The building official shall be notified within (10) days of any changes in the above information. '_,�lf�'1 ! - 1 CER IFICATE ISSUED Y sof, r+ ♦ �' DATE 7/10/92 E CITY OF SALEM SALEM. MASSACHUSETTS 01970 BUILDING PERMIT - .�� CERTIFICATE OF OCCUPANCY DATE July.11992 19 92 PERMIT N0. 280-92 APPLICANT William HodgXUW ADDRESS lja T IDSTPa TT Shit IM0.1 ELI� I[ON1 F'S [ID[N![� j .. `_. NUMBER OF PERMIT TO �tA•m of exit (_1 STORY retail DWELLING UNITS ,,,PC.01 IMPROv(M[Nll xO. IPPOPOSED USE) AT (Lo[ATIO«I 16-24 New Derby St DIST, cT b83 INO.I - (sTP[(TI BETWEEN AND IfR0f5 s1R[F TI (CROSS Si R[[TI LOT SUBDIVISION LOT BLOCK SITE BUILDING IS TO BE FT. WIDE P.• FT. LONG BV FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GPOUP BASEMENT WALLS OR FOUNDATION ITrPEI -REMARKS: installation of a second exit fran rental unit #2 *Bits 1*01KEIK-Nig-Ell AREA OR IN ANow VOLUME D:SIG 5O V/PF [[CTI {(..�� sftl O�•NOY•YI sAI srFlvf'IIs!'II //++�� v'FI b!{Iv IFI o!'FI oP.TI st'YIOIFI sf1[OIFIv OWNER (Fiy of SALE3C1� Tawen Durdl±i TO BE POSTED ON PREMISES SEBo&�t'Wvj�sV ID DITIONS OF CERTIFICATE ADDRESS �MAilf2I& TINEAU ACTING INSDPBCMR OF BUILDINGS 1,