20 ESSEX STREET - CARDELLA, MICAHEL - ZBA 20 Essex St. (R-2)
Michael Cardella - -
51
(flit of galrm, cfttsshrhMetts
Puttrb of 'c Feral
cpms«�
I
DECISION ON THE PETITION OF MICHAEL CARDELLA FOR A
SPECIAL PERMIT FOR 20 ESSEX ST. , SALEM yy
A hearing on this petition was held April &862wwfNjollowing Board
Members present: James Hacker, Chairman; Messrs. , Charnas, uzinski, Strout and
Associate Member Dore. Notice of the heaTwas sent to abutters and others and
notices of the hearing were properly publ Wfo in the Salem Evening News in
accordance with Massachusetts General Laws Chdpter '4OAi!•HASS.
Petitioner, owner of the property, requests a Special Permit to extend nonconforming
side setback and any -and all applicable density and setback requirements in order
to construct an addition in this R-2 district.
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 the procedure and conditions
set forth in Section VIII F and IX D, grant Special Permits for
alterations and reconstruciton 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 than 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 and after
viewing the plans, makes the following findings of fact:
• 1. A petition signed in favor by customers of the store was submitted;
2. There was neighborhood opposition;
3. Abutters view would be blocked by the addition of the structure;
4. Would lose a minimum of one parking space;
5. This is a congested area and this would exacerbate a bad condition;
6. Plans submitted were nofcomplete.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
DECISION ON THE PETITION OF MICHAEL CARDELLA FOR A
SPECIAL PERMIT FOR 20 ESSEX ST. , SALEM
page two
1 . The proposed addition will not promote the public health, safety,
convenience and welfare of the city's inhabitants;
2. The relief requested cannot be granted without substantial detriment
to the public good or without nullifying or substantially derogating
from the intent of the district or the purpose of the Ordinance.
Therefore, the Zoning board of Appeal voted three to two, 3-2, (Mr. Hacker and .
Mr. Dore voting in opposition) against granting the Special Permit requested.
SPECIAL PERMIT DENIED
i�
b aures B. Hacker, Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
ro0•! THIS DECIS!GN G A'iY, SHALL B: YADF PLFS IA'ET TO 4 .1I0'7 17 DATEor O 1:1A5S.
c '0, - :C CrYS _��1HE DATE OF FILI1.=
L LL;;C_ CH P 'cR EOS A- � �4A'_L C- FL.D \ -
�c,; I! TEL r U T4. C� . i.
CFA`TE. "I S- . 1.. TFc 1 ..iE OR
cp _�.L Fc
F C_ n n'-
i E C
p-
N-- ILED.
.FOCI U L P
FI :i TH i C.ES I L0., li c J_4 c c
0 -z!D R
n n-� La'v'EriED Lry � '(HE I• ,E OF THE 071nER
OR Id 'F SUCH Pii APF A li c pcE FELE �hAT. '
RECORDED IN THE S8D'FH ES$EX RE•_;S' .r D.E.S
' OF RECORD OR IS RECORDED AND NDTED ON THE OWNER'S CERTIFICATE OF TITLE.
BOARD OF APPEAL
�� `��_
.�.���. �
�-�, �„�
..�✓ -
� ��
Gov �o �',�-�f�
� � �� � ��
� �� :� ���
�� � � �
O -
J� .,
` c
April
To: Salem Board oAppeals
WE, THE UNDERSIGNED, APPROVE OF THE PROPOSED EXTENSION TO 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.
ADDRESS ADDRE�S
I MAN
WMIM
� � J
'A I /
1 l
I � � � 1• ,._i%:i -. .�7AAMN0`450 •,... moi /
-�Jkhguw L wl -ml M,
OWNS
_. 1. l_•► �►
brim. ��►![J/C�/ i ..r�.T �e
April
AppealsTo: Salem Board of
WE, THE UNDERSIGNED, APPROVE OF THE PROPOSED EXTENSION TO THE REAR
OF WALY01S VARIETY, LOCATED AT 20 ESSFX STREET, SALEM, AND FEEL THAT
IT WILL PROVE TO BE A GREAT BENEFIT TO THE NEIGHBORHOOD.
NAME ADDRESS ADDRESS
4 - -
.,
!_
I �y� %� /d mb,•�i /� a I ��11/.� �I
/ l • `— �•� 11 1 �� �—/y/.,,pp i
�'Z 559 J
loyl
Lt
� � 1
April
To: Salem Board of Appeals
WE, THE e e)i APPROVE OF e • • EXTENSION
OF • LOCATED AT 20 ESSEX STREET, SALEM, AND FEEL THAT
PROVEIt WILL • BE A GREAT BENEFIT TO THE NEIGHBORHOOD.
NAME eeADDRESS
30 a
ex
�. *0 100,"32 WIT'Ift
A
� , �' a/ � �//i/////!✓ i ' .119 /.�/�. Li -...i � , 1./!j
I
� �.�/ � � � X11.� � � � •
,
April 28, 1986
To: Salem Board of Appeals
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 P OVE TO BE A GREAT BENEFIT TO THE NEIGHBORHOOD.
NAME ADDRESS NAME ADDRESS
�a/,ems Mk
edma�
6'f Aof &xa s
r. P7, {caa S
s �1" lee,
7<' O
� c 0a0
7,r;J ,