134 BOSTON STREET 7-9 WATSON STREET - ZBA 134 Boston St./
7-9 Watson ST. B-2
Moose Realty Trust
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DECISION ON THE PETITION OF MOOSE REALTY TRUST, SCOTT
GALBER, TRUSTEE, FOR A VARIANCE FOR 134 BOSTON ST./
7-9 WATSON ST. , SALEM JUL 11 2 59 PM '65
A hearing on this petition was held June 26, 1985 with the following Board Members
present: Edward Luzinski, Acting Chairman; Messr �� harnas, Strout and Associate
Member Bencal. Notice of the hearing was sent to 0�}t,�l;r rs and others and notices
of the hearing were properly published in the Salem )�V `�hg�N� Ak4-accordance
with Massachusetts General Law Chapter 40A.
Petitioner requests a Variance to allow him to subdivide a parcel of land and to
physically divide a building into its original state of two separate buildings,
all as shown more particularly on a plan filed with the Board. The premises, in
a B-2 district, is owned by Moose Realty Trust.
The Variance which has 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 in-
volve substantial hardship, financial or otherwise, to petitioner; and
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 hearing the evidence presented at the hearing, and
after viewing the plans, makes the following findings of fact:
1 .No parking problem in the neighborhood will be exacerbated by this plan;
2. Tne building as it currently exists, on one parcel of land, is unique
unusual and extremely difficult to market;
3. This situation is unique to the district;
4. If the petition is not granted, petitioner will suffer financial
hardship.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board concludes as follows:
1 . Literal enforcement of the Ordinance would create a substantial
financial hardship on petitioner;
2. The above described special conditions which affect the lot are
unique to the lot and do not generally affect the district;
DECISION ON THE PETITION OF MOOSE REALTY TRUST, SCOTT GALBER, TRUSTEE,
FOR A VARIANCE FOR 134 BOSTON ST./7-9 WATSON ST. , SALEM
page two
3. The relief requested can be granted without substantially derogating
from the intent or purpose of the Ordinance and without substantial
detriment to the public good.
Therefore, the Zoning Board of Appeal voted unanimously 4-0 to grant the relief
requested, provided that:
1 . Petitioner fully comply with all applicable smoke detector
laws and regulations;
2. Minimum of five (5) non-piggyback parking spaces be provided on
Boston Street parcel;
3. Minimum of one (1 ) parking space be provided on Watson Street parcel;
4. Certificate of Occupancy for both buildings be obtained.
VARIANCE GRANTED
Scott E. Charnas, Secretary
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
To SECTION 17 OF THE H.ASS.
Ar,� SP,=•l.l EE FILCD 1','� H!�: �� DAYS AFTER THE DATE OF FILING
APPEAL FROM THIS DECISION. IF AKY. SHF!L EE t.SADr PURSUANT
GENERAL LNAS. CHAPTER 8" C7, Srrn AL PET"%"q
OF THIS DECISION I.; THE CPRCC DF TP.E C.T.' CLEF.K.
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