BOA_2_Bridge_Street_-_Petition_Form_(Stamped) CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEALS
98 WASHINGTON STREET,2ND FLOOR
✓ �l SALEM,MASSACHUSETTS 01970
2 v ���� Thomas St.Pierre,Director of Inspectional Services
C7!`IINE,D� Phone:978-619-5641
11y� Kimberly Driscoll Lev McCarthy,Staff Planner
p �' �� � Mayor Phone:978-619-5685
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Zoning Board of Appeals Application
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Application ID: ZBA-21-37 Date submitted: July 28, 2021 "c--� CO
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TO THE BOARD OF APPEALS: p :X
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The Undersigned represent(s)that they are the owner(s)of a certain parcel of land located at:
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Address:2 BRIDGE STREET Zoning District:R-2
An application is being submitted to the Board of Appeals for the following reason(s):
The applicant seeks a Special Permit to operate a retail marijuana store in a separated portion of the existing building under Section 6.10 of the Zoning Ordinance
the remainder of the building to be operated as a restaurant with service of alcoholic beverages,which is an allowed use in this B-2 District. Dockage facilities anc
associated parking and a bike rack will be provided. The applicant also seeks a Variance of the number of on-site parking spaces and the size and design of suct
spaces to allow operations with the 20 parking spaces on the site,and a variance from the Entrance Corridor provisions for the landscaping and planting requirerT
under Section 8.2.5 of the Ordinance.. The applicant will also be operating dockage facilities for boat access to the property,which customers will not require any
spaces,and will also provide additional parking by renting such spaces from neighbors located within walking distance of the property.
For this reason,I am requesting:
[true)Variance(s)from provisions of Section Number and Design of On-Site Parking Spaces Be Varied to allow commercial use of existing structure-Section 5.
including Table of required Parking Spaces under Section 5.1.8,and variance from the landscaping and planting requirements in the Entrance Corridor contained i
Section 8.2.5.of the Zoning Ordinance,specifically from Number and Design of on-site parking spaces serving both proposed uses,and more limited landscaping
planting than otherwise required in the Entrance Corridor District under Section 8.2.1..
true]A Special Permit under Section Section 6.10(Marijuana Establishments)of the Zoning Ordinance in order to Required by Ordinance Section 6.10 et seq.
L]Appealing a Decision of the Building Inspector:
L]Comprehensive Permit:
Current Property Use:vacant former restaurant Are Lot Dimensions Included:Yes
The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow the project to be constructed as per the plans
submitted,as the enforcement of said Zoning By-Laws would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted witt
substantially derogating from the intent and purpose of the Zoning Ordinance.
Statement of Hardship(for Variances):
The building has existed on the site and been used as as a seafood restaurant since the 1930s. This is an allowed use in the B-2 District. No
residential uses are allowed in the B-2 District. The parcel as it currently exists is hemmed in between a large new Salem-Beverly Bridge, a pub
and a tidal basin. The parcel was much larger prior to 1988,when a taking made by the Mass.Department of Public Works to reconstruct the Salem-Beverly Brid
greatly reduced the size parcel and leaving it as an unusually shaped triangular parcel without sufficient accessible land to meet the parking requirements of the
Ordinance. This makes it impossible for the owner to provide the amount of off-street parking required by the Ordinance to serve commercial uses,and particular
historic use as a restaurant. Further,the existing structure covers a substantial portion of the remaining site,and its location precludes automobile access to some
open area of the site,precluding development of additional parking. The accessible surface area can serve 20 on-site parking spaces,designed as shown of the
Plan submitted, Also,The landscaping and planting requirements of the Ordinance cannot be met on the site while retaining the existing structure and parking,wf
further hardship to the applicant.
These circumstances as to the shape of the parcel,and the location of the existing structure and parking area on the parcel do specially affect this building and pa
but do not generally affect other lands and buildings in the B-2 Zoning District.The literal enforcement of the Ordinance,particularly the size and number of on-site
parking spaces required by the Ordinance and the landscaping and planting requirements of the Entrance Corridor,constitute a substantial hardship to the applici
financial and otherwise,by making the productive use of the existing structure for commercial unfeasible at the same time that the Ordinance prohibits any residen
in this B-2 District. To mitigate the on-site parking limitations for commercial use,the applicant will be providing off-site parking for some of its its employees and
customers,is providing a bicycle rack,and will also install and operate boat dockage facilities for up to six boats at a time,whose passengers will not need or use
surface parking spaces. The relief requested may,therefor, may be granted without substantial detriment to the public good or substantially derogating from the i
the district or purpose of the ordinance.
Statement of Grounds(for Special Permits):
Retail Marijuana establishments are allowed in this B-2 District by Special Permit granted under Section 6.10 et seq.of the Zoning Ordinance. The grounds t
application are that this application complies with the requirements of Section 6.10 of the Ordinance ("Marijuana
Establishments"), as well as the general criteria for granting a Special Permit under 9.4 of the Ordinance.
The Applicant has submitted a Security Plan, an Operations and Management Plan and an Emergency Response Plan to
appropriate officials. The Fire Department has approved the Emergency Response Plan, and it is expected that that
department and the Salem Police Dept. will approve the Plans prior to the hearing of this application. The applicant has a
filed its Operation and Management Plan with the the Building Department.
The marijuana establishment will be located in a portion of the building that is separated from the other use (restaurant)b�
walls and a separate entrance and exit.
To the best of the applicant's information and knowledge, the marihuana store will not be within 500 feet of any pre-existin
public or private school p[providing education to student in kindergarten or grades 1 though 12. If any are identified, the
applicant shall promptly notify them. A community outreach meeting has been scheduled for July 31, 2021.
The marijuana establishment meets the minimum requirements imposed on registered marijuana dispensaries for storage
All business signage for the marijuana establishment shall be subject to the requirements of the Cannabis Control Commi
and the the City of Salem Code of Ordinances.
The applicant will not allow any marijuana product be smoked,eaten of otherwise ingested within the licensed marijuana establishment.
The hours of operation for this marijuana establishment shall be consistent with those of package stores licensed under M.G.L.A.c.138.
Upon issuance,the applicant will submit proof of approval of this marijuana establishment by the Commonwealth of Mass.by submitting copies of the required
registrations,licenses and permits issued to the applicant by the state,any of it agencies for the the facility.
The Applicant has submitted proof of site control and right to use the site proposed for the marijuana facility by submitting a copy of the owner's deed of record,an
notarized statement of permission from the property owner.
No person or entity proposed to have any interest in the license to operate this marijuana establishment has committed any marijuana licensing violation affecting
public safety,or received any suspension or revocation of any other state or local marijuana business license.
The applicant has submitted a statement signed by the organization's chief executive officer disclosing all of its designated officers,directors,partners,managers,
other similarly situated individuals. Where any of these are entities rather than persons,the applicant has disclosed the identity and current contact information of
responsible individuals.
Also,pursuant to the provisions of Section 9.4 of the Ordinance,the proposed change shall not be substantially more detrimental than the
existing nonconforming use or structure to the neighborhood, because:
1) Social, economic, and community needs are served by the proposal by putting this property back into prodictive an
legal uses as an a amenity to the community, and as a taxpayer to the City;
b)Traffic flow and safety, including parking and loading are not increased significantly as concluded by the report
submitted by the applicant's traffic engineer.
c)Adequacy of utilities and other public services are not at issue as these utilities already serve the site.
d) Impacts on the natural environment, including drainage, are not increased or worsened, because the footprint of thl
building and the area of pavement are not increased by this proposal;
e) Neighborhood character is improved by reestablishing a productive use of the building for legal uses rather than
than a vacant dilapidated property ; and
f)The potential fiscal impact, including impact on City Tax base and employment are improved because new
construction and retail and service jobs will be created by the operations proposed, and the improved structure will
increase in assessed value resulting in increased real estate tax revenue to the City of Salem.
Petitioner:2 Bridge,LLC ff different from petitioner
Address:38R Ocean Avenue,Salem,MA 01970 Property Owner:M&A Hospitality Group LLC
Telephone:818-935-7407 Address:78 Elm Street,Byrield,MA 01922
Email:tim@wcgsalem.com Telephone:XXXX
Email:XXXX
Signature:
Signature: Sic cja2l�. 1
Date: Lcw&*'O--
Date:
If different from petitioner
Representative:William F.Quinn,Esq.
Address:27 Congress Street Suite 414,Salem,MA 01970
Telephone:978-745-8065 ext. 110
Email:billquinnlaw@gmail.coT �... •
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Signature: •
Date:
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