Neighbors and developer seek common ground on 0 Massey Street subdivision; board agrees to continue hearing and consider ZBA support

The Planning Board held a public hearing on a definitive subdivision plan for 0 Massey Street that focused on preserving a wooded buffer between a proposed new house and an adjacent industrial/commercial property. Michael Evaney, an architect with Cummings Properties, presented the application and said the project team had two paths: keep the lot whole and seek waivers from the planning board or pursue a lot-area/front-yard variance at the Zoning Board of Appeals (ZBA) that would allow deeding an L-shaped strip of land to the city to create a guaranteed buffer.

Neighbors urged strict protection of the trees. Marlene Solaire of 25 Erie Street told the board, "We just want to make it clear that we do not want the tree lines to be written in on the deed that mister Aveni had stated," saying private deed restrictions provide uncertain long-term enforcement and that the trees also buffer overnight truck noise. Paul McDonald (35 Albany Street) told the board the only reliable method to guarantee protection is deeding the land to the city. Ward Councilor Bill Papillado (Ward 2) and City Councilor Rob Toro (at-large) urged the board to pursue the negotiated solution, calling it a rare "win-win" for neighbors and the developer.

Board members and the applicant examined relevant zoning definitions and deed restrictions. Evaney referenced Woburn's zoning definition of 'street' and said Marcy Street qualifies as a private way under definition 3; he pointed to deed restrictions used on nearby lots in 2005 as an example of previous buffer protections and said, "We are 1 100%, an agreement that we wanna save as much of the buffer or all of it as we can." The planning director (transcript contains both "Dina" and "Tina"; the director identified in later remarks as Tina) recommended a continuance to allow Cummings to decide whether to pursue the ZBA path and suggested scheduling options; staff ultimately proposed March calendar dates to align with ZBA timing.

After discussion, member Jim moved that the board send a representative to the ZBA to present the planning board's observations; the motion named Claudia Bogan as that representative and the motion was seconded. The transcript records the motion passing with five in favor and two abstentions. The board then voted to continue the public hearing and accepted a written extension from Cummings Properties (a signed extension provided by Michael Evaney) extending the decision deadline to March 31, 2024; the board set the planning board continuance for March 12 at 7 PM.

Next steps: the applicant may pursue a ZBA filing for a lot-size variance; if granted and the applicant deeds the L-shaped piece to the city, the board and staff will return to the planning board to address roadway construction extents, site details, and any needed waivers. If the applicant does not seek a lot-size variance, the developer said it would keep the buffer in the buildable lot and place an easement restricting cutting on the L-shaped portion.

The board left the hearing open and scheduled the matter to return to the planning board agenda in March to allow time for the applicant to file with the ZBA and to provide requested graphics and clarification about tree lines and buffer dimensions.