boa_207_highland_ave_stamped_decision 5.30.18 CQ
CITY OF SALEM, MASSACHUSETTS
BOARD OF APPEAL
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�--- 120 WASHINGTON STREET* SALEM,MASSACHIJSETTS 01970 pp
KIMBERLEY DRISCOLL TELE:978-745-9595 ♦ FAX:978-740-9846 U MC
MAYOR Imo" i
May 30, 2018 r
Decision
City of Salem Board of Appealsr�.`
Petition of NS ALTERNATIVE seeking a Special Permit per Sec. 6.10.4 of the Salem Zoning
Ordinance, to operate a licensed retail marijuana establishment in a portion of the building at 207
HIGHLAND AVENUE (Map 13 Lot 2) (B-2 Zoning District).
A public hearing on the above Petition was opened on March 28, 2018 pursuant to M.G.L Ch. 40A,P 11 and
continued to April 18, 2018 and May 16,2018. The hearing was closed on that date with the following Salem
Board of Appeals members present: Rebecca Curran (Chair), Peter A. Copelas, Mike Duffy, Chris Drucas,
Paul Viccica.
The Petitioner seeks a Special Permit per Sec. 6.10.4 of the Salem Zoning Ordinance, to operate a licensed
retail marijuana establishment in a portion of the building.
Statements of fact:
1. In the petition date-stamped February 27, 2018, the Petitioner requested a Special Permit per Sec.
6.10.4 of the Salem Zoning Ordinance, to operate a licensed retail marijuana establishment in a
portion of the building.
2. As required by the state statute,the petitioner had held a community outreach meeting that was
held on March 20,2018.
3. The property is located in the B-2 Zoning District. The petitioner is proposing to locate in a
portion of the existing mid-century modern building,which currently has a mix of uses including a
dialysis center, food, pantry and church. The petitioner is proposing to be located in the area
where there is currently a church provided that the church will relocate outside of the 500' ft
buffer area.
4. The petitioner has provided a draft community host agreement to the City and will provide for the
maximum amount of payment to the City that is allowed under the state statue,which is 3%of
gross sales.
5. No on-site consumption will take place on the premises.
6. The petitioner is proposing to occupy approximately 4,800 square feet of the existing structure
including approximately 500 square feet dedicated to an internal garage for product delivery.As
described, the internal garage one of many security measures and will operate similarly to a police
sally port.
City of Salem Board of Appeals
May 30,2018
Project:207 Highland
Page 2 of 5
7. The petitioner will utilize a fraud detecting scanner to verify government issued identification,
install interior and exterior cameras, use GPS on delivery vehicles and have security guards at the
location. These are a few of many security measures that will be in place at this location.
8. The petitioner is anticipating approximately four to five hundred customers per day and
approximately five (5) product deliveries per week.
9. The petitioner met with the Salem Chief of Police and received a letter dated April 9, 2018 in
support of the petition and security plan that was submitted to the Salem Police Department.
10. The petitioner is proposing to have forty-seven (47) dedicated parking spaces on the property as
show in a plan titled, "Proposed Site Plan"dated May, 9,2018.
11. It is anticipated that there will be approximately twenty (20) employees and wages will be no less
than$15.00 per/hour and the company will offer a preference to Salem residents and local people
for employment. i
12. The proposed hours of operation are 8am-8pm Monday through Saturday and Sunday 10am-8pm,
with the exception that the store will be closed during the adjacent food bank hours of operation
on Saturday.
13. At the request of the Board of Appeals, the City Solicitor provided dated April 9, 2018 with an
opinion regarding a residency requirement for new applicants for a license to operate a marijuana
establishment as a microbusiness, marijuana establishment as a craft marijuana cooperative, or
economic empowerment applicant. The applicant will not be applying to any of these three (3)
types of state licenses. Further, the Board requested guidance on whether the Board could
approve a special permit for a petitioner where there is currently a church located at the same
address. The applicant has asserted that the church intends to relocate should the retail marijuana
facility be approved and has provided a letter dated April 1,2018 to that effect.
14. The petitioner provided a traffic impact statement dated March 11,2018 and subsequent revisions
dated April 11, 2018 and May 8, 2018. When these facilities first open, the traffic assumption is
that this location will initially behave as a destination and generate approximately 600-900 trips per
day. However, as more facilities open, it is expected that visitors will be "drive-by" visits that are
similar to a convenience or liquor store and vehicle trips per day will decrease. While there will be
an increase in the number of vehicle trips on this site compared to the existing church, the
additional vehicle trips from the proposed dispensary on a peak day represents an increase of
approximately 2.6% of the observed ADT on Route 107 (Highland Avenue) and is a minor
increase that will not significantly impact traffic flow.
15. There are currently two (2) curbcuts along Highland Avenue including a two-way driveway and a
driveway that was once used for large truck deliveries for a previously existing car dealership at the
site. The petitioner, at the request of the Department of Planning and Community Development
and Traffic and Parking Department, is proposing to close up and significantly landscape the
existing curbcut along Highland Avenue closest to First Street to limit the hazard of proximate
cars turning from First Street onto Highland Avenue.
16. The petitioner is also proposing two signalized pedestrian crossing include one on First Street and
one at the northeast corner of the Property across First Street at Highland Avenue. The petitioner
will also repave the frontage of the property along Highland Avenue to allow for better pedestrian
access.
City of Salem Board of Appeals
May 30,2018
Project:207 Highland
Page 3 of 5
17. The petitioner is also proposing the following traffic mitigation measures to offset the minor
increase in vehicle trips from the project: 1) provide subsidies for employees for MBTA T-passes
to encourage ridership of the underutilized bus-route with stops adjacent to the subject property;
2) provide bicycle racks and indoor bicycle storage to encourage alternative transportation to
customers and employees;3)provide lockers in the break room for employees that walk or bike to
work; 4) provide customers with information regarding transportation options to access the
facility; 5) provide and maintain information on the Natural Selection website and other
distributed materials on how to access the facility by all modes of transportation with an emphasis
on public transit and non-automobile modes; 6) designate a Transportation Coordinator to
manage the implementation of this Transportation Demand Management plan; 7) the petitioner
shall install a signalize crosswalk, including striping and curb ramps at the intersection of First
Street and Highland Avenue as identified in the MassDOT Recommendations of the Route 107
Corridor Study report (2017,Route 107 Segment 4).
18. At the public hearing, one member (1) of the public spoke in favor and seventeen (17) members
of the public spoke in opposition to the petition.
The Salem Board of Appeals, after careful consideration of the evidence presented at the public hearing, and
after thorough review of the petition, including the application narrative and plans, and the Petitioner's
presentation and public testimony, makes the following findings that the proposed project meets the
provisions of the City of Salem Zoning Ordinance:
Findings:
The Board finds that the applicant has demonstrated that the following specific criteria for retail marijuana
establishments will be met and is in accordance with Section 6.10.4 of the Salem Zoning Ordinance:
1. The applicant demonstrates that the marijuana establishment will meet all of the permitting
requirements of all applicable agencies within the Commonwealth of Massachusetts and will be in
compliance with all applicable state laws and regulations including, but not limited to M.G.L c.94G,
Section 12 General Marijuana Establishment Operations.
2. The applicant has satisfied all of the conditions and requirements of this section and other applicable
sections of the Zoning Ordinance and any applicable city ordinances.
3. The facility provides adequate security measures to ensure that there are not direct threats to the
health or safety of employees,staff, or members of the public.
General Special Permit findings:
1. There are social, economic, and community needs served by the proposal. The retail establishment
will be extensively regulated by the Cannabis Control Commission,which was created to regulate the
industry as approved by a popular vote in 2016. Pursuant to the popular vote, the proposed
establishment will meet community needs expressed by such vote and Massachusetts General Laws
c.94G.
2. Traffic flow and safety,including parking and loading are adequate as conditioned by the Board. The
Board heard concerns regarding traffic on First Street and Highland Avenue due to an increase of use
at the property. The petitioner has eliminated the proposed curbcut on First Street in addition the
closure of an existing curbcut along Highland Avenue closest to First Street.
City of Salem Board of Appeals
May 30,2018
Project:207 Highland
Page 4 of 5
3. Utilities and other public services are adequate and the additional use will not result in significant
additional service demand.
4. There will be no negative impacts to the natural environment,including drainage.
5. The proposed additional use will operate completely inside of the building subject to state regulations
and the Salem Ordinance regarding signage,odor,security, and operations. The B-2 Zoning District is
a Business Highway district that allows business uses. The property use proposed is a business use.
There are other kinds of business uses that could be located here by-right and could generate more
traffic and more detrimental impacts to the neighborhood than this proposed retail use. As for
concerns regarding impacts to high school students in the neighborhood,the property is at a different
elevation and the proposed landscaping further physically isolates this property and is not right at eye
level. Regarding the potential use of this product in the parking lot, this use is similar to a liquor store
and expected that people will purchase their product and go home because it is illegal to consume in
public.
6. The potential fiscal impact,including impact on City tax base and employment is positive.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted five (5) in
favor, (Rebecca Curran (Chair), Peter A. Copelas,Mike Duffy, Chris Drucas,Paul Viccica) and none opposed
to approve a Special Permit per Sec. 6.10.4 of the Salem Zoning Ordinance, to operate a licensed retail
marijuana establishment in a portion of existing building subject to the following terms, conditions and
safeguards:
Standard Conditions:
1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations.
2. All construction shall be done as per the plans and dimensions submitted to and approved by the
Building Commissioner
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly
adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of new construction shall be in harmony with the existing structure.
6. A Certificate of Inspection shall be obtained.
7. A Certificate of Occupancy shall be obtained.
8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but
not limited to,the Planning Board.
Special Conditions:
1. The applicant shall not operate until the issuance and submission of a copy of the issued state license
by the Commonwealth and all other state and local requirements are met.
2. A community host agreement shall be executed with the City within six (6)months of issuance of this
special permit.A six (6) month extension can be granted by the Board of Appeals if good cause is
shown.
City of Salem Board of Appeals
May 30,2018
Project:207 Highland
Page 5 of 5
3. The applicant shall be issued a state license within six (6) months of the issuance of this special
permit.A six (6) month extension can be granted by the Board of Appeals if good cause is shown.
4. The petitioner shall obtain a letter from the Police Chief and Fire Department concerning the single
site access without allowing public access from First Street.
5. No consumption shall be allowed on site.
6. The advertising for the location shall reflect the preferred route access to the site.
7. The hours of operation will be from 8am-8pm Monday through Saturday and 10am-8pm on Sunday.
On Saturday, the petitioner will not operate during the hours of operation of the food pantry.
8. All deliveries shall be interior deliveries and in accordance with the security plan that has been
submitted and approved by the Police Department.
9. The church must vacate and relocate more than five-hundred (500') feet from the site.
10. The petitioner shall submit an amended landscaping plan to the Building Department for review and
approval to make sure that there are adequate sight lines at the intersection of First Street and
Highland Avenue.
11. All landscape improvements as presented at the May 16,2018 meeting and any amendments that are
requested by any other City department shall be approved for construction by the landlord.
12. The Salem Police and Fire Department shall review and approve ingress and egress plans from the
site without creating another entrance on First Street that can be pubhcally accessed and also prevent
public access by vehicle between the subject property and 4 First Street and 227 Highland Avenue
(Market Basket parking lot).
13. During hours of operation,the petitioner shall provide security on the interior and exterior of the
building to prevent use of products on site.
14. The petitioner shall provide all traffic mitigation measures as proposed by the traffic study and in
accordance with the approved plans dated May 15,2018.
Rebecca Curran, Chair
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision,if any,shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed unthin 20
days of filing of this decision in the office of the City Clerk. Pursuant to the Massachusetts General Laws Chapter 40A, Section 11, the Variance or
Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Urk has been filed with the Essex South
Registry of Deeds.