21 THOMAS CIRCLE - ZBA 21 THOMAS CIRCLE (B-2) I
/ MIRIAM E. ADAMO
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DECISION OF THE PETITION OF MIRIAM E. ADAMO, TRUSTEE REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 21 THOMAS CIRCLE fR-1)
A hearing on this petition was held July 26, 1995 with the following Board
members present: Stephen Touchette, Chairman: Gary Barrett, Albert Hill,
Nina Cohen and Arthur LeBrecque. 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, owners of the property request a Variance to convert a single
family dwelling to a two family dwelling for the property located at 21
Thomas Circle. (R-1)
The Variance which has been requested may be granted upon a finding of this
Board that:
1 . Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other land, buildings, or structures in the same district.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substantial hardship, financial or otherwise, to the petitioner.
3. Desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogation from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after careful considerations the evidence presented at
the hearing, makes the following findings of fact:
1. James Adamo, petitioner's son and resident at 21 Thomas Circle appeared
on behalf on the petitioner.
2. Petitioner desires to construct an efficiency apartment in the existing
basement of the one family dwelling to allow someone to live at the
property while petitioner is out of town.
3. A two family dwelling is an allowed use in a B-2 zoning district.
4. Petitioner was granted the existing one family dwelling in 1989.
5. Petitioner requested that the only exterior change to the existing
building would be the addition ofa second front door entrance.
6. The proposed construction would not expand the now existing
encroachment on setbacks or lot coverage\density, and will not expand
the non conformity.
7. Petitioner represented that he had spoken with his neighbors and that
nobody expressed opposition to the petitioner and no neighbors appeared
at the hearing.
8. Richard Deshhamps, 15 Crosby Street spoke in opposition to the
petition.
On the basis of the above findings of fact, and on the evidence presented
at the hearings, the Board of Appeal, concludes as follows:
1. Special conditions exist which especially affect the subject property
and not the district in general.
2. Literal enforcement of the provisions of the Zoning Ordinance would
involve substation hardship to the petitioner.
DECISION OF THE PETITION OF MIRIAM E. ADAMO REQUESTI^iG A VARIANCE
FOR THE PROPERTY LOCATED AT 21 THOMAS CIRCLE (R-1 )
page two
3. Desirable relief can be granted without substantial detriment to
public good and without nullifying and substantially derogating from
the intent of the district or purpose of the Ordinance.
Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the
variance requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statures, ordinances,
codes and regulations.
2. Petitioner shall obtain a building permit prior to beginning any
construction.
3. All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4. A Certificate of Occupancy is to be obtained.
5. Exterior finishes of the new construction shall be in harmony with the
exterior finishes.
6. All construction shall be done as per the plans and dimensions
submitted.
7. Petitioner shall obtain proper street numbering from the City of Salem
Assessors office and shall display said number so as to be visible from
the street.
Variance Granted
July 26, 1995 �
Gary Barrett, Member
Board of Appeal
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 after the date of filing of this decision in the office of the City
Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11, the
Variance or Special Permit granted herein shall not take effect until a
copy of the decision bearing the certification of the City Clerk that 20
days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it has been dismissed or denied is recorded in the "uth
Essex Registry of Deeds and indexed under the name of the ownerr,q i9cord
or is recorded and noted on the owner's Certificate of Title. o
Board of Appeal a> N
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