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THE DERBY RESTAURANT Salem/ Redevelopment .Authority Decision 163-189 Washington Street The Derby— Patio Improvements and Cafe Permit Meeting Date: April 10, 2019 Members Present: Grace Napolitano, David Guarino, Dean Rubin, Gary Barrett Members Absent: Russell Vickers Decision: At a regular meeting of the Salem Redevelopment Authority(SRA), upon a motion duly made and seconded, it was unanimously voted to approve the patio improvements and cafe permit as presented and conditioned herein. Referenced Plans and Documents 1. Plan Set titled 'The Derby', Sousa Design Architects, 81 Boylston Street, 2nd Floor, Brookline, MA 02445, dated 1/18/19, with a detail sheet, A-300, dated 2/26/19. 2. Design Review Board Recommendation dated 3/28/19. 3. Staff Comments dated 4/4/19. Conditions of Approval 1. Consistency with )roved Design/Plans: Should the applicant determine that the sign design, facade color, and patio fencing, exclusive of the sidewalk barriers, may not be completed as presented and conditioned herein, he/she/they shall return to the DRB to review proposed modifications prior to making any changes in the field. 2. Gate at Public Wav: The following conditions apply to the gate/barrier that will prevent pedestrian access along the public way between the restaurant and the patio seating when the patio is in use. a. Location of Northern Gate: The applicant shall adjust the location of the gate at the northern end of the property prohibiting passage along the public way when the patio is open so that it mirrors the gate at the southern end of the public way and is attached to the protruding portion of the business'facade. b. Security: The applicant shall utilize a padlock to secure each section of the moveable gate when that patio is not in use. c. Hardware: The color.of the hardware— hinges, cane bolt, etc. —shall be black. 3. Accessible Patio Furniture: The applicant shall install accessible picnic tables on the patio. The table top shall be cantilevered a minimum of 19-inches to allow for a seating option at the end of the table. The applicant may purchase and/or fabricate these tables and install them on the patio; however, he/she/they shall submit a detail of the selected table to the DRB via the Planning and Community Development Department (`DPCD'). 4. Landscaping: Prior to the completion of the patio improvements the applicant shall supply a landscaping plan to the DRB via the DPCD. 5. Fire Pits: The applicant shall obtain approval from the Salem Fire Department for the fire pits prior to purchase and installation. The applicant shall submit the final fire pit design with evidence of Fire Department approval to the DRB via the DPCD. Findings 1. The SRA finds that the proposal will visually improve the patio space and create an inviting outdoor seating area that features amenities that are inclusive to all. 2. Members are in favor of the inclusion of the fire pits on the patio, though recognize that the final design and functioning of said pits must comply with the rules, regulations, and standards of the Salem Fire Department to ensure public safety. 3. The SRA finds that this project is consistent with the pertinent design standards and for those elements that may not be consistent, members found them to be acceptable and appropriate for the project. Signature of the SRA By the signature below, I certify that this decision accurately reflects the actions of the SRA. tr - Tom Da iel, AICP D Te Executive Director . �. Salem Redevelopment Authority Decision 163-189 Washington Street The Derby— Fagade Improvements and Patio Fencing Meeting Date: March 13, 2019 Members Present: Grace Napolitano, Russell Vickers, David Guarino, Dean Rubin Members Absent: Gary Barrett Decision: At a regular meeting of the Salem Redevelopment Authority(SRA), upon a motion duly made and seconded, it was unanimously voted to approve the fagade color and patio fence for The Derby restaurant as conditioned herein. Referenced Plans and Documents 1. Plan Set titled 'The Derby', Sousa Design A-chitects, 81 Boylston Street, 2Id Floor, Brookline, MA 02445, dated 1/18/19, with a detail sheet, A-300, dated 2/26/19. 2. Staff Comments dated 317/19. Conditions of Approval 1. Consistency with Approved Design/Plans: Should the applicant determine that the sign design, facade color, and patio fencing, exclusive of the sidewalk barriers, may not be completed as presented and conditioned herein, he/she/they shall return to the DRB to review proposed modifications prior to making any changes in the field. 2. Fence Material: The lattice fence shall be wood and shall be the height and color as depicted on the 'Lighting and Furniture Specifications' and A-300 sheets in the above- referenced plan set. 3. Facade Color: The paint color for the facade shall be either Black Magic or Iron Ore and feature an aging and texture effect with a rusty bronze color. The horizontal band that runs the length of the fagade along the top of the windows shall be slightly darker, as will the round columns at the entryway. 4. Additional DRB Review: The applicant shall submit revised plans and drawings and additional information to the Planning & Community Development Department by noon on Friday, March 151 addressing the remaining items of concern, which are as follows: a. Landscaping Plan. b. Sidewalk barrier details—how the barriers connect to the patio fence and the building's fagade and how they open to ensure clear passage along the public way when the patio is not in use. c. ADA-compliant patio furniture. d. Information relative to the dark sky initiative in Salem and if the proposed light fixtures comply with the policy/regulation/etc. e. Information relative to the City's fire pit regulations. Findings 1. The SRA finds that the proposed signage, facade paint, and patio fence will improve the exterior appearance of both the restaurant and its outdoor seating area. 2. Members are in favor of the overall proposal but recognize that additional information is needed for a comprehensive review of the project and assurance that it complies with the applicable design standards and guidelines. 3. The SRA reviewed the proposal, the DRB recommendation, and staff comments at its 3/13/19 meeting and acknowledged the applicant's desire to proceed toward opening his restaurant and agreed to approve a portion of the overall improvement project with the understanding that the applicant will continue the project review with the DRB at its March meeting. Signature of the SRA By the signature below, I certify that this decision accurately reflects the actions of the SRA. l � Tom Daniel, AICP Date Executive Director THE DERBY ■■ ■■ ■■ ■■ ■M ■� fl■ l■ l ! !■ 11 II fa � II L,- i !■■ ■■■ E�■ ■■ ■■ ■■ fi■ ■■ nl■ ■■ ■■ w■ ■w ■■ ■� �� flw ww �■ ■� ■� IJ� r� �i ii 1� u 11 I� li li !1 ii It EI l! n II 1111 N II n ■■ ■�" ■■ ■■ 1■ ■■ ■■ •■ ■■ _ ■■ ■■ �I�r ■■ I� ■■ ■ a■ tll■ _ ■ �� ri �i ■� ■� �� �� i� �1 N !■ 1r rt jj �� �� � � � �� �� �� y �� lj 1! 1� 11 II{I n II II Il �Ilf II I'I Il 11 CI II II I� �p ■■ ■ ■■ ■■ ■■ 1 ■■ ■■ ■1! ■! N■ Nl 11 11 11 II �Il II I. �1 THE DERBY L NEW EXTERIOR SCONCES L NEW ...LATTICE FENCE EXISTING WOOD PANELING NEW RUSTED METAL SIGN WITH WHITE PROPOSEDTO BE PAINTED PAINTED LETTERING . 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BLACK POWDER COATED CATCH r■rw g■ r■r■a■s err�iw I.a r■■i■. ■�■■■r i■ rr n■r A ATTATGHED TO GATE AND POST , 's REMOVABLE POST NTED LATTICE FENCE BLACK POWDER COATED SPRING I u RECESSED POST SLEEVE WITH FLUSH MOUNTED COVER(FOR SEASONAL USE) 111)[TERIOR ELEVATIONS BACK ELEVATION FRONT ELEVATION AND SIGNAGE DETAILS 3 PROPOSED ENTRY ELEVATION 7 PATIO GATE ELEVATIONS + r■■■■■ ■r■i a■n ■i■■■■ ■■.■r■ ■■rr■■r■ ■■■■■i �r a�it �Yr�ir■■�E o as�ii f 'II��. ]HCPfR6T __ it ■ !1 I� � I LAMPS PLUS.ca 888.235.7657 Lamps Plus I Outdoor Lighting I Contemporary I John Timbe land I Marlowe 22 112'High Bronss Two-Light Outdoor wall _ Light Marlowe 221/27 High Bronze Two-Light �{ Outdoor Weil Light-style#23VO1 _ � S l - A OTHER OPTIONS • 4, �. .` FREE SHIPPING' I Low Price Guarantee SHIPS TODAY!(orders by 2pm Pacific) t A whimsical rendition of industrial lighting,this bronze outdoor wall fixture will bring a rich and playful look to your •w + 1 � living space. - EXTERIOR SCONCE LATTICE FENCE PATIO ENCLOSURE FIRE PIT PR/MUSkk DECOSTRING SUSPENDED DECORATIVE STRINGLIGHT SYSTEMS (PROJECT: TYPE' worn soewer noo.c � � - - t i SOCKET,WIRE&CABLE DETAILS Docostrings we a ported eccorn lighting solution to add a personal emkIie lac to patios,eounywda.atriums,restaurants,arnusomont perks and Itrly open area.The`,estoce iightkV system is typica4y strung between two anchorage points with optional Intermediary support and siactdcatly, fed from one end.The sockets can be either symmetricely,spaced or ranclomy spaced to suit the app4calion.Opt one shades.guards and lenses complete the ercldtectutd design, SPECIFICATIONS EF LAMPHOLDER Black phenolic:medium base UL weatherproof wi" hook for optional mounting. PATIO STRING LIGHTING PICNIC TABLES Derby Salem LIGHTING AND FURNITURE SPECIFICATIONS SOUSA design Schematic Design A r e h , I ,- 81 Boylston St,2" Floot Brookline.MA 0244 617 Rib rdt Salem ® Redevelopment Authority Design Review Board Recommendation 163-189 Washington Street The Derby Restaurant Meeting Date: February 27, 2019 Members Present: Paul Durand, Chair, David Jaquith, Glenn Kennedy, Catherine Miller, Helen Sides Members Absent: Christopher Dynia, J. Michael Sullivan Decision: At a regular meeting of the Design Review Board (DRB), upon a motion duly made and seconded, it was unanimously voted to recommend approval of the proposed signage, patio fence material, and fagade paint color at The Derby Restaurant. The remaining project elements, including patio furniture, the mechanics of the sidewalk barriers, landscaping, and exterior light fixtures shall be further reviewed at the March 27, 2019 DRB meeting. Referenced Plans and Documents 1. Plan Set titled 'The Derby', Sousa Design Architects, 81 Boylston Street, 2nd Floor, Brookline, MA 02445, dated 1/18/19, with a detail sheet, A-300, dated 2/26/19. 2. Staff Comments dated 2121/19. Conditions of Approval: The DRB recommends incorporating the following conditions: 1. Consistency with Approved Design/Plans: Should the applicant determine that the sign design, fagade color, and patio fencing, exclusive of the sidewalk barriers, may not be completed as presented and conditioned herein, he/she/they shall return to the DRB to review proposed modifications prior to making any changes in the field. 2. Fence Material: The lattice fence shall be wood and shall be the height and color as depicted on the 'Lighting and Furniture Specifications' and A-300 sheets in the above-referenced plan set. 3. Facade Color: The paint color for the fagade shall be either Black Magic or Iron Ore and feature an aging and texture effect with a rusty bronze color. The horizontal band that runs the length of the fagade along the top of the windows shall be slightly darker, as will the round columns at the entryway. 4. Additional DRB Review: The applicant shall submit revised plans and drawings and additional information to the Planning &Community Development Department by noon on Friday, March 15th addressing the remaining items of concern, which are as follows: a. Landscaping Plan. b. Sidewalk barrier details—how the barriers connect to the patio fence and the building's fagade and how they open to ensure clear passage along the public way when the patio is not in use. c. ADA-compliant patio furniture. d. Information relative to the dark sky initiative in Salem and if the proposed light fixtures comply with the policy/regulation/etc. e. Information relative to the City's fire pit regulations. Findings 1. The Board finds that the proposed signage, fagade paint, and patio fence will improve the exterior appearance of both the restaurant and its outdoor seating area. 2. The Board is in favor of the overall proposal but recognizes that additional information is needed for a comprehensive review of the project and assurance that it complies with the applicable design standards and guidelines. Signature of the DRB: By the signature below, I certify that this recommendation accurately reflects the actions of the Design Review Board. 117 Paul Durand Chair Salem Redevelopment Authority Design Review Board Recommendation 163-189 Washington Street The Derby Restaurant Facade Improvements and Cafe Permit Meeting Date: March 27, 2019 Members Present: Paul Durand, Chair, David Jaquith, Glenn Kennedy, Catherine Miller, J. Michael Sullivan Members Absent: Christopher Dynia, Helen Sides Decision: At a regular•meeting of the Design Review Board (DRB), upon a motion duly made and seconded, it was unanimously voted to recommend approval of the proposed patio improvements, fagade lighting, and gating, and thus also the Caf6 Permit, as presented and conditioned herein. Referenced Plans and Documents 1. Plan Set titled 'The Derby', Sousa Design Architects, 81 Boylston Street, 2"d Floor, Brookline, MA 02445, dated 3115/19. 2. Design Review Board Response, prepared by Sousa Design Architects, 81 Bolyston Street, 2"d Floor, Brookline, MA 02445, dated 3/19/19. 3. Staff Comments dated 2/21/19 and 3121/19. Conditions of Approval: The DRB recommends incorporating the following conditions: 1. Consistency with Approved Design/Plans: Should the applicant determine that the sign design, fagade color, and patio fencing,exclusive of the sidewalk barriers, may not be completed as presented and conditioned herein, he/she/they shall return to the DRB to review proposed modifications prior to making any changes in the field. 2. Gate at Public Way: The following conditions apply to the gate/barrier that will prevent pedestrian access along the public way between the restaurant and the patio seating when the patio is in use. a. Location of Northern Gate: The applicant shall adjust the location of the gate at the northern end of the property prohibiting passage along the public way when the patio is open so that it mirrors the gate at the southern end of the public way and is attached to the protruding portion of the business'fagade. b. Security: The applicant shall utilize a padlock to secure each section of the moveable gate when that patio is not in use. c. Hardware: The color of the hardware—hinges, cane bolt,etc. —shall be black. 3. Accessible Patio Furniture: The applicant shall install accessible picnic tables on the patio. The table top shall be cantilevered a minimum of 19-inches to allow for a seating option at the end of the table. The applicant may purchase and/or fabricate these tables and install them on the patio; however, he/she/they shall submit a detail of the selected table to the DRB via the Planning and Community Development Department('DPCD'). 4. Landscaoinq: Prior to the completion of the patio improvements the applicant shall supply a landscaping plan to the DRB via the DPCD. 5. Fire Pits: The DRB shall review, at a regularly-scheduled public meeting, the fire pit design prior to the purchase and/or installation of the pits on the patio. The applicant shall obtain approval from the Salem Fire Department for the fire pits prior to submitting for DRB review and shall include evidence of this approval upon submission. 1s Salem ® Redevelopment Authority Findings 1. Patio Space: The Board finds that the patio is designed and furnished to be compatible with the character of the downtown area and the overhead lighting will complement the light installation in nearby Higginson Alley and will add character and visual interest to the outdoor seating area. 2. Architectural Li ham: The lighting standards mandate the use of shielded and full cut-off fixtures;this proposal does not use these types of fixtures. However, the proposed fagade sconces and overhead patio lights are for decorative purposes rather than for visibility and safety. The exterior wall fixtures will not cause glare or impact vehicular or pedestrian safety. Additionally, the architecture of the building includes an overhang along the top of the sign band that will effectively shield any upward illumination. Signature of the DRB: By the signature below, I certify that this recommendation accurately reflects the actions of the Design Review Board. Paul Durand Date Chair PROPOSED ENTRY ELEVATION Scale: 1/8" = 1'-0"4 PROPOSED PATIO ELEVATION Scale: 1/8" = 1'-0"1 PROPOSED SIDE ELEVATION Scale: 1/8" = 1'-0"2 PROPOSED ENTRY SIGN ELEVATION Scale: 1/2" = 1'-0"6PROPOSED ENTRY SIGN RENDERING Scale: 1/2" = 1'-0"5 PROPOSED EXTERIOR SCONCE SPECIFICATION Scale: 1/2" = 1'-0"7 WHITE PAINTED LETTERINGRUSTED METAL 12'-0" 4'-9"2'-6"4'-9" 32 sf 3 WHITE PAINTED LETTERINGRUSTED METAL EQ5"EQ1'-2"4"2'-8"3 SOUSA design A r c h i t e c t s 81 Boylston Street, 2nd Floor Brookline, MA 02445 617 . 879 . 9100 www.sousadesign.com Revisions Job # Drawn by Ckd by Date ALL DRAWINGS, SPECIFICATIONS AND ARCHITECTURAL DESIGNS ARE THE PROPERTY OF SOUSA DESIGN ARCHITECTS AND SHALL NOT BE REPRODUCED OR USED ON THIS OR ANY OTHER PROJECT WITHOUT WRITTEN CONSENT FROM THE ARCHITECT. THE CONTRACTOR SHALL CHECK AND VERIFY ALL DIMENSIONS AND EXISTING CONDITIONS ON SITE PRIOR TO BEGINNING ANY WORK. REPORT ALL DISCREPANCIES IN WRITING TO SOUSA DESIGN ARCHITECTS BEFORE PROCEEDING WITH THE WORK AND SHALL EXCEPT FULL RESPONSIBILITY FOR SAME. DRAWINGS SHALL NOT BE SCALED. ALL WORK SHALL BE CARRIED OUT IN ACCORDANCE WITH THE DRAWINGS AND SPECIFICATIONS, AND TO THE SATISFACTION OF THE OWNER AND THE ARCHITECT. EACH CONTRACTOR SHALL SUBMIT TO SOUSA DESIGN ARCHITECTS FOR APPROVAL: SHOP DRAWINGS, SAMPLES, CUTS OF ALL THE ITEMS OF WORK PRIOR TO THEIR INCLUSION IN THE CONSTRUCTION. ALL ITEMS TO BE INCLUDED SHALL BE APPROVED FOR USE IN THE CITY OF SALEM AND SHALL HAVE AN ASTM AND UL NUMBER WHEN SUCH ITEMS REQUIRE THIS DESIGNATION. EACH CONTRACTOR SHALL CO-ORDINATE HIS WORK WITH ALL OTHER CONTRACTORS. THE QUALITY OF WORKMANSHIP AND MATERIALS USED SHALL COMPLY WITH ALL CITY OF SALEM AND MA STATE BUILDING CODES. DRAWINGS SUBJECT TO APPROVAL BY ALL GOVERNMENTAL AGENCIES HAVING JURISDICTION ALL NEW CONSTRUCTION TO COMPLY WITH APPLICABLE HANDICAPPED ACCESSIBILITY LAWS. ISSUED FOR: REVIEW The Derby Salem 189 Washington Street Salem, MA 01970 01.08.2019 S.A.S. 1602 T.B. EXTERIOR ELEVATIONS AND SIGNAGE DETAILS A-300 ENTRY SIGN SECTION Scale: 1 1/2" = 1'-0"3 EXISTING TUBE STEEL TO REMAIN, PAINTED 1/8" RUSTED METAL SIGN WITH PAINTED LETTERING 2'-8"FIRE TREATED BLOCKING AS NECESSARY FIRE TREATED BLOCKING AS NECESSARY CORRENTI & DARLING LLP ATTORNEYS AT LAW 63 FEDERAL STREET SALEM, MASSACHUSETTS 01970 JOHN E. DARLING TELEPHONE JOSEPH C. CORRENTI 978-744-0212 KRISTIN E. EOLICH FACSIMILE February 1, 2019 978-741-4683 VIA HAND DELIVERY Kathryn Newhall-Smith, Principal Planner Salem Redevelopment Authority 98 Washington Street, 2"d Floor Salem, Massachusetts 01970 Re: Outdoor Cafe Permit— Letter of Intent The Derby Restaurant LLC d/b/a The Derby 163-189 Washington Street Dear Ms. Newhall-Smith: On behalf of the Applicant, The Derby Restaurant LLC d/b/a The Derby, the Applicant requests an Outdoor Cafe Permit to occupy the outdoor patio space in front of its location, at the corner of Derby and Washington Streets, as shown on the plans filed herewith. Thirteen tables with attached seating are proposed, to accommodate up to 90 customers. Four fire pits are proposed near the middle of the patio. String lighting and lattice fencing is proposed to separate the area from the sidewalk. Should the Board have any questions or require further information, please do not hesitate to call me. Very truly yours, The Derby Restaurant LLC d/b/a The Derby By its Attorney, Joseph C. 'Correnti JCC:dl cc: client Enclosures January 30, 2019 Re: The Derby Restaurant LLC 163-189 Washington Street, First Floor To Whom It May Concern: Pleased be advised that Washington at Derby, LLC, owner of 163 l39 Washington Street, Salem, Massachusetts (the "Property"), hereby autho1ze The Derby Restaurant LLC ("Derby") to make application to the City of Sa ern Planning Board, Salem Redevelopment Authority, Design Review Board and any other municipal or state authority necessary for the operation, licensing an i1or permitting of the Derby at the Property. Sincerely, r Wash' on t Derby, LLC 0,10 (2-�l� L�- k�«�c'1 By: Its: V. - Salem Redevelopment - Authority SALEM REDEVELOPMENT AUTHORITY OUTDOOR CAFE PERMIT Preamble The Salem Redevelopment Authority encourages the development of outdoor cafes within the Heritage Plaza East and Heritage Plaza West Urban Renewal Districts to enhance the visitor and shopper experience in Salem and to assist in improving the economic viability of downtown businesses. This Permit process is designed to ensure that Salem's unique architectural and cultural features are protected as outdoor cafe's develop and to provide a consistent set of conditions for all outdoor cafes. As such,the SRA shall allow outdoor cafe uses within the Urban Renewal District,subject to the following conditions: 1. All tables and chairs,as well as the surrounding area,must be maintained in a clean and safe manner. 2, Restaurants must provide to the SRA,proof of liability insurance which covers the outside seating areas. 3. Restaurants must receive approval for outdoor tables from the Salem Licensing Board and the Board of Health. 4. The design of all outdoor tables and chairs,and trash receptacles,must be reviewed by the Design Review Board and approved by the SRA. 5. Seating areas must be of a size large enough to accommodate safe,easy and uninterrupted pedestrian travel,as well as access to and from tables. Since the size of tables and seating areas may vary,the SRA reserves the right to determine whether or not adequate space exists for the creation of an outdoor cafe. G. All tables and chairs must be safely secured in a vandal proof manner or must be brought inside every night. The storage or security system must be approved by the SRA. 7. All outdoor cafe permits will be issued to restaurants for a one-season trial period. During this time period restaurants will be closely monitored by all appropriate City departments and agencies to ensure that they comply with the provisions of this policy. Following completion of a satisfactory outdoor season, the SRA shall issue an outdoor cafe permit to the restaurant annually. 8. Outdoor cafe permits may be revoked by the SRA for non-compliance with the provisions of this policy,at any time. By signing below,I certify that I have read and understand the provisions listed above and I agree to comply with all the requirements of this permit and any attached plans which are mandated by the Salem Redevelopment Authority. Signed and sealed this_oYq N day of The Derby Restaurant, LLC By: Salem Redevelopment Authority Petitioner G oec a� ,U Its Mager 2 . :§ w ! � N � ©C / all � \� — / � - > \ � /.a• .. . ........ t � / i \ 0 a R � 1 ; �E F O xmvuw lL 't I I - ------ ----- - r �. w a a� II LAMPS PLUSca 888-235-7657 Lamps Plus I Outdoor Lighting I Contemporary I John Timberland I Marlowe 22112"High Bronze Two-Light Outdoor Wall Light , ^. Marlowe 221/2" High Bronze Two-Light Outdoor Wall Light-Style#23VO1 A OTHER OPTIONS I FREE SHIPPING` I Low Price Guarantee a. . SHIPS TODAY!(orders by 2pm Pacific) A whimsical rendition of industrial lighting,this bronze outdoor wall fixture will bring a rich and playful look to your living space. PRODUCT DETAILS The Marlowe collection of outdoor lighting offers a creative combination of . 221/2"high x 51/2"wide. Extends 61/2" nautical style and industrial design.This metal outdoor wall light features two from the wall.Weighs 5.75 lbs. stylish cage shades with smaller glass shades inside.A handsome bronze finish completes the hardy rustic look. Perfect for a patio space or garage Round metabacl c geate s "high wide x 1"deep. area,this versatile fixture can be installed vertically or horizontally. Each metal cage is 8 i high x 4 3"d deep. Inner glass is 71/4" high x 3 3/4"deep. JOHti MmDE"OST" wND' . Uses two maximum 60 watt standard- medium base bulbs(not included). 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