20 ESSEX STREET - CARDELLA, MICAHEL & DEBRA - ZBA 20 Essex St. R-2
_ Michael & Debra Cardella
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DECISION ON THE PETITION OF MICHAEL AND DEBRA CARDELLA SALEM, MAgSh�tE
FOR A SPECIAL PERMIT FOR 20 ESSEX STREET (R-2)
A hearing on this petition was held on March 25, 1987 and continued until April 15,
1987 with the following Board Members present: James Hacker, Chairman; Richard A.
Bencal, Secretary; Messrs. Fleming, Strout and Associate Member Dore. Notice
of the original hearing was sent to abutters and others and notices of the original
hearing were properly published in the Salem Evening News in accordance with
Massachusetts General Laws Chapter 40A.
Petitioners, owner of the property, are requesting a Special Permit to extend
nonconforming density, use and side setback to allow construction of a two
story addition in this R-2 zone.
The provision of the Salem Zoning Ordinance which is applicable to this request
for a Special Permit is Section V B 10, which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with Section VIII F and IX D, grant Special Permits
for alterations and reconstruction of nonconforming structures, and for changes,
enlargement, extension or expansion of nonconforming lots, land, structures, and
uses, provided, however, that such change, extension, enlargement or expansion
shall not be substantially more detrimental ttran the existing nonconforming use
to the 'neighborhood.
In more general terms, this Board is, when reviewing Special Permit requests,
guided by the rule that a Special Permit request may be granted upon a finding
by the Board that the grant of the Special Permit will promote the public health,
safety, convenience and welfare of the City's inhabitants.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing and after viewing plans, makes the following findings of fact:
1 . Letters of support from the City Health Officer and Ward 2
Councillor were submitted;
2. A petition signed by neighbors, abutters and others was submitted;
3. A letter of opposition was submitted by one abutters;
4. The bottle deposit law and an increase in business has caused a
lack of storage space;
5• The loading area would be moved off Essex St. thus alleviating a
traffic problem;
6. The plan was approved 9-0 by the Planning Board;
7. An increase in the family has caused the need for more living
space on the second floor.
DECISION ON THE PETITION OF MICHAEL AND DEBRA CARDELLA FOR A
SPECIAL PERMIT FOR 20 ESSEX STREET, SALEM
page two
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1 . The proposed addition would improve the property;
1
2. The proposed addition will promote the welfare and .
convenience of the City's inhabitants;
•i.
3. The enlargement will not be substantially more detrimental than the
existing nonconforming use to the neighborhood.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the
Special Permit requested, subject to the following conditions:
1 . All work be done as per the plans submitted;
2. The addition for the first floor be used for storage only;
3. All requirements of the Salem Fire Department in its letter to
the Board regarding this petition be adhered to;
4. All construction be done per all existing State Building Codes;
5. All. delivery trucks must park on Forrester Street while making
. deliveries at the store; R
6. A legal building permit be obtained;
7. A Certificate of Occupancy for the second floor residential space
be obtained.
SPECIAL PERMIT GRANTED
4
4-5
Richard A. Bencal, Secretary
A COPY OF THIS DECISIOI: HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
APPS L FRO"'. THIS D%i;ISIOi;, IF ANY. SHALL BE LfADE PURSUANT TO SEiT10N 17 OF THE NIASS.
GENERAL LAV,S. CE!.PTER SOS. AND SH=.LL BE FILED MTH N: 2D DAYS AFTER THE DATE OF FILING
OF TH!S DECIS;-1,"1: IN THE OFFICE OF TFE CITY CLERK.
Pu R3 A'.F TO VASS. CMER.4L LA'VS. CHAPTER, 803. SECT13N 11. THE F:.-MCE OR SPECIAL PER'r,:IT
GRF.'.TEC HEREIN. SHALL NOI TAKE EFFECT UNTIL A COPT OF THECECJSiia. CEAR;a, THE CERT.
FICATI O': OF THE CITY CLERK, Td AT 20 DAYS HAVE ELAPSED ANS Ni *PEAL HAS SEEN FILED.
OR THAT. IF SUCH AN APPEAL HAS BEEN FILE. THAT IT HAS OR C-7N!"D IS
RECG?D-D IN TL'E SOUTH ESSEX. RECISi P.Y CF DEEDS AND N:DE'XED 8'i`En THE NW-E OF THE OY:'NER
OF RECORD OR IS RECORDED AND NOTED ON THE O•V,NER'$ CERTIFICi.:f OF TITLE.
BOARD OF APPEAL
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LEONARD F.O'LEARY _ WARD COUNCILLORS
1987
COUNCILLORS-AT-LARGE PRESIDENT }.
GEORGE A.NOWAK �
1987
JOSEPHINE R. FUSCO KEVIN R.HARVEY
ROBERT E.GAUTHIER VINCENT J.FURFARO
FRANCES J.GRACE CITU CLERK
' LEONARD F.O'LEARV
NEIL J.HARRINGTON JEAN-GUY J.MARTINEAU
RICHARD E.SWINIUCH '
GEORGE P.McCABE
JOHN R.NUTTING
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March 25, 1987
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Mr. James Hacker, Chairman
Board of Appeal
City of Salem
Salem, MA 01970
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Dear Mr. Hacker:
I am writing in regards to the petition sutmitted by Michael and Deborah
Cardella Of 20 Essex Stree f Ea variance to allow a twenty-five foot extension
for increa ed family space`cn-the second floor, and storage space on the first
floor market area.
The Cardella family, who have run a reputable business for years at the
existing location, .are attempting to address concerns of the immediate neighbor-
hood and the Health Agent.
The petitioners plan to have a side loading area on Forrester Street, which
would alleviate the traffic problem that currently exists, during loading periods
on Essex Street, which. I strongly support.
Secondly, the inside storage area, which I support strictly for storage, would
curtail the existence of debris at the rear of the establishment. Also, with the
two children that the Cardella family have, and the fact that the family has remained
at the homestead for years, I understand the request for more living area to their
domicile.
In closing, I would like to say that I would urge the Board of Appeal to give
strong consideration towards approval of this petition.
F
Sincere/ ]��'��5�
KEVIN R. HARVEY
COUNCILWR WARD TWO
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CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
Salem, Massachusetts 01970
ROBERT E. BLENKHORN 9 NORTH STREET
HEALTH AGENT
(617) 741-1800 March 24, 1987
' City of Salem
Board of Appeals
' 1 James B. Hacker, Chairman M
' RE: Walyo's Variety
�`20 .Essex Street .
Salem, Ma 01970
Mr. Hacker,
Relative to Walyo's Variety located at 20, Essex Street in the City of Salem,
I am in favor of them putting an addition on the existing building. They
have been working with a hardship for a long time without proper means for
holding storage.
An addition to the building would alliviate this existing problem. .
If you have any question please call this office at 741-1800.
Sincerely,
FOR
THE
�BOARD OF HEALTH
ROBERT E. BLENKHORN, C.H.O.
Health Agent
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LEONARD F.O'LEARY
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COUNCILLORS-AT-LARGE PRESIDENT
GEORGE A NOWAK
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JOSEPHINE R. FUSCO KEVIN R.HARVEY
ROBERT E.GAUTH IER VINCENT J.FURFARO
FRANCES J.GRACE CITY CLERK
LEONARD F.O'LEARY
NEIL J.HARRINGTON
JEAN-GUY J.MARTINEAU
RICHARD E.SWINIUCH GEORGE P.MLCASE
JOHN R.NUTTING
March 25, 1987
Mr. James Hacker, Chairman
Board of Appeal
City of Salem
Salem, MA 01970
Dear Mr. Hacker:
I am writing in regards to the petition suhmitted by Michael and Deborah
Cardella of 20 Essex Street for a variance to allow a twenty-five foot extension
for increased family space on the second floor, and storage space on the first
floor market area.
The Cardella family, who have run a reputable business for years at the
existing location, are attempting to address concerns of -the imie-diate neighbor-
hood and the Health Agent.
The petitioners plan to have a side loading area on Forrester Street, which
would alleviate the traffic problem that currently exists, during loading periods
on Essex Street, which I strongly support.
Secondly, the inside storage area, which I support strsctly for storage, would
curtail the existence of debris at the rear of the establishment. Also, with the
two children that the Cardella family have, and the fact that the family has remained
at the homestead for years, I understand the request for more living area to their
danicile.
In closing, I would like to say that I would urge the Board of Appeal to give
strong consideration towards approval of this petition.
Sincere/ l�' /
f ,
KEVIN R. HARVEY
COUNCILLOR WARD TW
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UNDERSIGNED, March 23, 1987
To: Salem Board of Appeals
WE, THE ► THE REAR
LOCATEDOF WALYO'S VARIETY, AT 20 ESSEX STREET, SALEM, AND FEEL THAT
IT WILL PROVE TO BE A GREAT BENEFIT TO THE NEIGHBORHOOD.
� NAME ADDRESS NAME ADDRESS
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March 23, 1987
To: Salem Board of Appeals
UNDERSIGNED,WE, THE . • .
OF WALYO'S VARIETY, LOCATED AT 20 ESSEX STREET, SALEM, AND FEEL THAT
IT WILL PROVE TO BE A GREAT BENEFIT TO THE NEIGHBORHOOD.
� NAME ADDRESS NAME ADDRESS
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March 23, 1987
To: Salem Board eals
WE, THE UNDERSIGNED, APPROVE OF THE PROPOSED EXTENSION TO THE REAR
OF WALYO'S VARIETY, LOCATED AT 20 ESSEX STREET, SALEM, AND FEEL THAT
IT WILL PROVE TO BE A GREAT BENEFIT TO THE NEIGHBORHOOD.
ADDRESS� NAME ADDRESS NAME
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March 23, 1987
To: Salem Board of Appeals
WE, THE UNDERSIGNED, APPROVE OF THE PROPOSED EXTENSION TO THE REAR
OF WALYO'S VARIETY, LOCATED AT 20 ESSFX STREET, SALEM, AND FEEL THAT
IT WILL PROVE TO BE A GREAT BENEFIT TO THE NEIGHBORHOOD.
ADDRESSNAME ADDRESS NAME
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March 23, 1987
To: u Board of AppealsWE, THE 1 1 APPROVE OF THE PROPOSED EXTENSION TO THE REAR
OF WALYOIS / 1 ESSYX STREET, SALEM, AND FEEL THAT
PROVEIT WILL / BE A GREAT BENEFIT TO THE NEIGHBORHOOD.
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