318 HIGHLAND AVENUE - ZBA 1
318 Highland Ave. B-2
James Adamo
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DECISION ON THE PETITION OF JAMES J. ADAMO (PETITIONER) , MARY K.
ADAMO (OWNER) FOR VARIANCES AT 318 HIGHLAND AVE. (B-2)
A hearing on this petition was held June 6, 1989 with the following Board Memabers
present: James Fleming, Chairman; Messrs. , Febonio, Dore and LaBrecque. Notice
of the hearing was sent to abutters and others and notices of the hearing were
properly published in the Salem Evening News in accordance with Massachusetts
General Laws Chapter 40A.
Petitioner is requesting Variances from density, setbacks, and use to allow
a lot to be divided and to cosntruct a single family dwelling at 318 Highland Ave.
The locus is in a B-2 district.
The Variances which have been requested may be granted upon a finding of the
Board that:
a. special conditions and circumstances exist which especially affect the land,
building or structure involved and which are not generally affecting other
lands, buildings and structures in the same district;
b. literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise to the petitioner;
c. desirable relief may be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of
the district or the purpose of the Ordinance.
The Board of Appeal, after careful consideration of the evidence presented at the
hearing, and after viewing the plans, makes the following findings of fact:
1 . There was no opposition to the petition.
2. There is adequate parking on the site.
3. The intended use in in harmony with the existing neighborhood.
On the basis of the above findings of fact, and on the evidence presented, the
Board of Appeal concludes as follows:
1 . Special conditions exist which affect the subject property but not the
district generally;
2. Literal enforcement, of the provisions of the Ordinance would work a substantial
hardship on the petitioner;
3. The relief requested can be granted without substantial detriment to the public
good and without nullifying or substantially derogating from the intent of the
district or the purpose of the Ordinance.
DECISION ON THE PETITION OF JAMES J . ADAMO (PETITIONER, MARY K. ADAMO (OWNER)
FOR VARIANCES AT 318 HIGHLAND AVENUE, SALEM
page two
Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the relief
requested, subject to the following conditions:
1 . All construction be done as per the plans and dimensions submitted to the
Board of Appeal;
2. All the requirements of the Salem Fire Department, relative to fire safety,
be adhered to by the petitioner;
3. Proper numbering of the new dwelling be obtained from the City of Salem
Assessors Office;
4. Petitioner obtain a Building Permit and Certificate of Occupancy.
GRANTED
ames M. Fleming, Esq. , Chai t-n
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal from this decision, it any. shall be made purs!J, .t to Section 17 of
the Plass. General La'.vs, Chapter 803. and shall he filed within 20 days
after the date of fillnp of this decision in the office of the City Clerk.
Pursuant to %iris. Generai Laers. Ch 308, Section 11, bie Varionce
or Special Permit grmteh harem sh[Ji alt take effect cool a copy of the
decision. bearing the certification of tho City Clerk that 20 days have
elapsed and no appeal has been filed, or 'd'�at, it such appeal has been
flied, that it has been dismissed or denied is recorded in the South Essex
Registry of Deeds and indexed under the name or the owner of record or
is recorded and noted on the owner's Certificate of Title.
BOARD OF APPEAL'
We, the undersigned abutters of 318 Highland Avenue, wholeheartedly support
the petition of James Adamo for the granting of Variances from Use and any and
all applicable density requirements by the Salem Board of Appeal.
Name
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