On January 17, 2024, the Woburn Board of Appeals convened to discuss a proposed renovation project that has sparked significant interest due to its implications for local zoning regulations and housing development. The meeting focused on a property built in 1947, currently designated as a two-family residence, which is seeking a special permit to add a third story.
The property in question is situated on a lot that does not meet the minimum requirements for land area, frontage, and side setbacks as stipulated by local zoning laws. Specifically, the lot has 10,195 square feet, while 15,000 square feet is required. Additionally, it has only 51.8 feet of frontage where 80 feet is mandated, and both side setbacks are 16 feet instead of the required 20 feet. Despite these deficiencies, the applicant argues that the existing use of the property will remain unchanged, which is a critical point in their case.
A key aspect of the discussion revolved around the definition of a "story" in the context of the proposed third level. The applicant contended that the addition would not violate zoning restrictions because the new structure would remain below the 35-foot height limit. They emphasized that the zoning ordinance does not explicitly define a "half story," which complicates the interpretation of the proposed renovations. The applicant's legal counsel referenced case law, including the Tobias case, to support their argument that the proposed changes are permissible under current zoning regulations.
The board members raised questions about the proposed attic space, which includes two additional bedrooms, a laundry room, and a bathroom. The applicant clarified that while the plans label this area as an attic, it is intended to function as a third story, and they are prepared to amend the plans to eliminate any confusion regarding the terminology used.
Another point of contention was the basement's classification. The applicant indicated that the basement would not be considered a story, as it is primarily below grade with limited exposure. They are conducting further assessments to confirm this classification, which is crucial for compliance with zoning laws.
The discussions highlighted the complexities of navigating zoning regulations, particularly in older neighborhoods where properties may not conform to current standards. The board's deliberations will continue as they weigh the implications of granting the special permit, which could set a precedent for similar projects in Woburn.
As the meeting concluded, the board members expressed their intent to review the submitted plans and additional documentation before making a decision. The outcome of this case could significantly impact local housing development and zoning interpretations in Woburn, reflecting broader trends in urban planning and community development.