Ordinance committee backs zoning change to let city council reinstate abandoned 1- and 2‑family homes by special permit

The Woburn Committee on Ordinance, Charter and Rules voted to send to pass a proposed zoning amendment from CD Silva LLC that would add single-family and two-family dwellings subject to sections 7.3 and 7.4 to the City Council’s Special Permit Granting Authority.

Attorney Tabby, presenting the proposal, summarized that the amendment would allow an abandoned or nonconforming single- or two-family dwelling in residential zoning districts R1, R2, R3, R4 or S1 to be reinstated only by a special permit issued by the City Council after any required variance is obtained from the Board of Appeals. “So the the ordinance that's the changes before you, just to summarize, council acts as the special permit granting authority for any abandoned, non conforming residential structure,” Attorney Tabby said.

City Solicitor Salvaty provided a legal opinion to the committee and, together with Building Commissioner Quinn, advised the committee that the city cannot override the two-year statutory rule that declares a use abandoned after two years of nonuse but may adopt a process that allows reinstatement by special permit. The solicitor’s memo noted similar language exists in other Massachusetts municipalities, including Medford, Haverhill and Sharon.

A committee member expressed support, saying the amendment would help return neglected houses to productive use and reduce neighborhood blight. Committee members voted to send the ordinance out to pass; the transcript records a voice vote of approval but does not record a roll-call tally.

If adopted by the full City Council and the Board of Appeals where a variance is required, the change would permit affected residential property owners or applicants to seek a special permit from the Council to reinstate an abandoned single- or two-family structure.