76 Lafayette St DECISION (stamped) CITY OF SALEM MASSACHUSETTS
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BOARD OF APPEALS
98 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
TEL:978-619-5685 ,
KIMBERLEY DRISCOLL
MAYOR Y,
September 30, 2022
Decision va
City of Salem Board of Appeals CD
The petition of ADAM SHOEMAKER at 76 LAFAYETTE STREET(Map 34, Lot 417) (B5
Zoning District), for a Special Permit per Section 3.1.2 Principal Uses of the Salem
Zoning Ordinance to allow a three(3)barrel,which is ninety-three(93)gallons,
microbrewery and taproom on the first(1st)floor.
A public hearing on the above petition was opened on August 17, 2022 and continued to
September 21, 2022 and was closed on September 21, 2022.
On September 21, 2022,the following members of the Salem Board of Appeals were
present: Mike Duffy(Chair), Paul Viccica, Peter Copelas and Steven Smalley.
Statements of Fact:
The petition is date stamped July 7, 2022. The petitioner seeks a Special Permit per
Section 3.1.2 Principal Uses of the Salem Zoning Ordinance to allow a three (3)barrel,
which is ninety-three (93) gallons, microbrewery and taproom on the first (1st)floor.
1. 76 Lafayette Street is owned by RCG 76 Lafayette LLC C/O RGG LLC.
2. The petitioner was Adam Shoemaker.
3. The representative was attorney Bill Quinn.
4. 76 Lafayette Street is located in the B5 zoning district. (Map 34, Lot 417).
5. The requested relief,if granted,would allow the Petitioner to open a three(3)
barrel, which is ninety-three(93) gallons, microbrewery and taproom on the
first(1st)floor of 76 Lafayette Street.
6. On August 17, 2022, due to lack of a quorum,the petition was continued to
September 21, 2022.
7. On September 21, 2022, attorney, Bill Quinn, presented to the board.
8. Attorney Quinn went over the plans for the microbrewery. In the Zoning
Ordinance, a tasting room associated with the microbrewery can have no
more than fifty percent(50%)be of the gross square footage. The current
proposal has forty-one percent(41%) of the gross square footage for the
tasting room.
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9. Attorney Quinn reviewed the grounds for granting a special permit.
10. The plan for the proposed brewery is to operate at the same amount of hours
as other breweries in the area.
11. The petitioners plan on using the indoor seating area and using some of the
space that is shared with another business abutting the property. Attorney
Quinn reminded the Board that parking is the City's responsibility in the
downtown area and parking will be used either on street or in the City's
garages.
12. Chair Duffy opened the meeting up to comments from the board.
13. Paul Viccica asked to review the hours of operation,how waste moves in and
out of the building and how will deliveries be managed.
14. Attorney Quinn reviewed the licenses and permits for other breweries in the
area. He mentioned that other breweries have hours of operation from 6 a.m.
to 12 a.m. seven days a week. And public hours of operation are 12 P.M.to 12
a.m.Attorney Quinn requested those same hours for the current proposal at
76 Lafayette Street.
15. Paul Viccica inquired about waste disposal. Attorney Quinn stated that the
waste is a grain product that is processed at the facility. The process does
create a viscous liquid from the grain shells. This waste would be barreled at
the facility. Then this waste would be picked up two times (2x) a week,
depending on the volume of business. Waste would be removed by a private
compost company on the same day that they produce the waste.
16. In addition,the petitioners plan on using a filter for the water so that the
grain matter won't go directly to the City's sewer system.
17. Chair Duffy inquired about bottling and canning at the location. The
petitioners responded that their plan is to sell their beer at the taproom. They
stated that once the beer is fermented it would be transferred into kegs and
sold in the taproom.
18. The meeting was opened to public comment.
19. Nina Vyden,41 Felt Street, inquired as to what types of beer would they be
brewing. The petitioners responded that they would make a mix of beers.
They won't be all light beers and they won't all be heavy beers. It will be a
variety of beers. They stated they will be focusing on ales. However,one
difference that makes their beer stand out is that they will be brewed with
Asian inspired flavors.
20. Chair Duffy reviewed the criteria for a special permit.
21. Attorney Quinn inquired about the board modifying the request from three
(3)barrel microbrewery to a five (5)barrel microbrewery. Attorney Quinn
shared the amounts of barrels at the other breweries near the current
proposal. The other breweries had ten(1o)barrels and five (5)barrels
respectively. The addition to the amount of barrels does not interfere or
change the requirements for the taproom size.
22. The board agreed that the petitioner may increase the amount of barrels as
allowed by state and local authorities.
23. Steven Smalley made a motion to approve the petition.
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24. The September 21, 2022 meeting of the Board of Appeals was held remotely,
via the online platform Zoom in accordance with Chapter 107 of the Acts of
2022.
On the basis of the above statements of fact and findings,the Salem Board of Appeals voted four
(4)in favor(Steven Smalley,Mike Duffy(Chair),Paul Viccica,and Peter Copelas)and none(o)
opposed to grant ADAM SHOEMAKER at 76 LAFAYETTE STREET(Map 34, Lot 417) (B5
Zoning District),a Special Permit per Section 3.1.2 Principal Uses of the Salem Zoning
Ordinance to allow a three(3)barrel,which is ninety-three(93) gallons, microbrewery
and taproom on the first(1st)floor.
Receiving four(4)in favor votes,the petition for a Special Permit is GRANTED.
Standard Conditions:
i. 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. A Certificate of Occupancy is to be obtained.
6. A Certificate of Inspection is to be obtained.
7. Petitioner is to obtain approval from any City Board or Commission having
jurisdiction including,but not limited to,the Planning Board.
8. All construction shall be done per the plans and dimensions submitted to
and approved by this Board.Any modification to the plans and dimensions
must be approved by the Board of Appeals unless such changes are
deemed a minor field change by the Building Commissioner in
consultation with the Chair of the Board of Appeals.
9. Petitioner shall schedule Assessing Department inspections of the
property, at least annually,prior to project completion and a final
inspection upon project completion.
Mike Duffy/Chair
Board of Appeals
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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 4oA, 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 4oA, Section ii,the Variance or Special Permit granted herein shall not
take effect until a copy of the decision bearing the certificate of the City Clerk has been
filed with the Essex South Registry of Deeds.
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