ZBA continues special‑permit hearing for 52 Montvale Ave after questions about height, basement and frontage

The Woburn Zoning Board of Appeals continued the special‑permit application for 52 Montvale Ave after extended questioning about whether the plans would create a new story under the zoning ordinance.

Attorney James Giuliano, representing the property owners, told the board the lot is a pre‑existing nonconforming two‑family in an R2 district; he said the application seeks a special permit under section 7.3 to add a third story within the existing footprint and that the proposal stays under the 35‑foot height limit in Table 6.1. Giuliano noted the ordinance contains no clear modern definition for a "half story" and relied in part on a city‑solicitor memorandum he submitted. "From the plans, as you can see, we are still going to be below that 35 foot maximum requirement," Giuliano said.

Board members pressed on several technical points: whether the new top level is an "attic" or a habitable third floor (Giuliano said the project raises the ridge and creates livable space with cathedral ceilings rather than an attic); the height measurements (Giuliano said the new floor elevation is about 18 feet and the roofline near 34 feet); and whether the basement will be counted as a story (Giuliano said spot grades will be taken to confirm the basement functions as a cellar on most sides). The application record lists the lot at about 10,195 square feet where 15,000 is required, 51.8 feet of frontage where 80 feet is required, and a 16‑foot side setback where 20 feet is required; Giuliano said they will provide spot grades and enlarged plans.

Giuliano asked for a continuance to provide enlarged, legible plans, corrected labeling (change the "attic" page to show the third floor), spot grades, and a clearer roofline comparison. Member (Speaker 4) moved to continue; the board voted to continue the matter. The applicant said he would try to deliver spot grades the following week and will enlarge plans for the next hearing.

The board also discussed the technical question of which frontage counts on a corner/split lot and whether a deed restriction could be used to clarify which street frontage applies to the zoning calculation; Giuliano said he will research the issue further and consult the city solicitor's memorandum. The matter will return to the board with the additional survey and clarified plans.