boa_250_highland_ave_stamped_decision 8.1.2018 � .i CITY OF SALEM, MASSACHUSETTS
# } i BOARD OF APP* 11 _
98 WASMNGTON STREET♦ SALEM,MASSACHUS $147
KIMBERLEY DRiscoLL TELE:978-745-9595 ♦ FAX:978-740-98 YEN J yA SS
MAYOR
August 1, 2018
Decision
City of Salem Board of Appeals
Petition of MEDERI, INC seeking a Special Permit per Sec. 6.10.4 of the Salem Zoning Ordinance, to
operate a licensed retail marijuana establishment at 250 HIGHLAND AVE (Map 8 Lot 118) (B-2 and ECOD
Zoning District)
A public hearing on the above Petition was opened on June 6, 2018 pursuant to M.G.L Ch. 40A, § 11 and
continued to July 18, 2018. The hearing was closed on that date with the following Salem Board of Appeals
members present: Peter A. Copelas,Mike Duffy, Chris Drucas,Jimmy Tsitsinos, and 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.
Statements of fact:
1. In the petition date-stamped April 24, 2018, the Petitioner requested a Special Permit per Sec.
6.10.4 of the Salem Zoning Ordinance,to operate a licensed retail marijuana establishment.
2. As required by the state statute,the petitioner had held a community outreach meeting on May 15,
2018.
3. The applicant,Mederi, Inc,is a newly established business that is not currently licensed operator
of marijuana facilities in the state of Massachusetts.
4. The property is located in the Business Highway (B-2) zoning district and Entrance Corridor
Overlay District. The petitioner is proposing to locate a retail marijuana facility an existing
building that is currently used by a landscaping company.
5. The proposal is not located within five hundred (500) feet of pre-existing public or private schools
providing education in kindergarten or any of the grades 1 through 12, or within five hundred
(500) feet of houses of worship and funeral homes, or within one thousand (1,000) feet from
institutions of higher education, colleges or universities.
6. While the petitioner proposes to occupy 2,300 gross square feet, approximately 1,015 square feet
of this building will be used for public retail space and the remaining square footage will serve as
office and storage space.
7. The petitioner is providing twenty-four(24)parking spaces including five (5) dedicated spaces for
employees where sixteen (16) parking spaces are required.
8. The petitioner provided a landscape plan that meets the requirements of the Entrance Corridor
Overlay District.
City of Salem Board of Appeals
August 1,2018
Project:250 Highland Ave
Page 2 of 4
9. The hours of operation will be consistent with those of package stores licensed under M.G.L. c.
138.
10. The petitioner will utilize a fraud detecting scanner to verify government issued identification for
the retail marijuana facility.The petitioner also plans to install interior and exterior cameras,install
perimeter lighting,have restricted access areas with coded RFID security badges,and live camera
tie-in to the Salem Police Department among other security measures.
11. The petitioner met with the Salem Chief of Police and received a letter dated June 1, 2018 in
confirm the receipt and review of the proposed security plan. The Salem Police Department
requested that the petitioner provide an enhanced outdoor delivery system with and enhanced
enclosed security feature to the rear of the building to provide for more secure deliveries as
proposed in the revised site plans by Meridian Associates titled "250 Highland Ave", dated April
24, 2018.
12. No on-site consumption will take place on the premises.
13. A transportation impact assessment was prepared by GPI Greenman-Pederson, Inc. dated April
2018 and subsequent supplemental information dated June 25,2018.Access to the site is
proposed through an existing two-way driveway on Highland Avenue.The project is expected to
generate approximately 256 vehicle trips on an average weekday and approximately 264 vehicle
trips on Saturdays. The project site is located along two (2) bus routes,with bus stops on either
side of the project site.
14. At the June 6,2018 meeting, the Board requested that the applicant provide traffic and circulation
scenario information based on the total square footage for the retail space and not the gross
square footage of the building. The Board also requested that the petitioner consider adding
additional parking spaces and modify the original landscaping plan to also include a landscaped
buffer between the property of 250 Highland Avenue and 260 Highland Avenue.
15. The petitioner provided the requested information and made modifications to the original plans.
16. At the public hearing, four (4) members of the public spoke in opposition to and four (4) in
support of 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.
City of Salem Board of Appeals
August 1,2018
Project:250 Highland Ave
Page 3 of 4
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. The petitioner provided a traffic
impact statement dated April 2018 and subsequent revisions dated June 25, 2018 in addition to
security information that demonstrated adequate traffic flow and safety, including parking and
loading.
3. Utilities and other public services are adequate as there are no significant changes to the level of use
proposed.
4. There will be no negative impacts to the natural environment,including drainage. The building already
exists and all of the work will be inside the building.
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
allows for this use and is consistent with the commercial character of the neighborhood.
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, (Peter A. Copelas, Mike Duffy, Chris Drucas,Jimmy Tsitsinos, Paul Viccica) and none (0) opposed to
approve a Special Permit per Sec. 6.10.4 of the Salem Zoning Ordinance, to operate a licensed retail
marijuana establishment 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.
City of Salem Board of Appeals
August 1,2018
Project:250 Highland Ave
Page 4 of 4
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.
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. No consumption shall be allowed on site.
0 z�
Peter A. Copelas, 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 within 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 Permitgranted herein shall not take effect until a copy of the decision bearing the certificate of the City
Registry of Deeds. Clerk has been filed with the Essex South