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Zoning board grants variance to split 0 Marcy Street, with conditions to preserve vegetated buffer

April 10, 2024 | Woburn City, Middlesex County, Massachusetts


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Zoning board grants variance to split 0 Marcy Street, with conditions to preserve vegetated buffer
The Woburn Zoning Board of Appeals voted 4–1 to grant a variance that would allow Commonwealth Realty Foundation LLC to subdivide a parcel identified as 0 Marcy Street into two lots, with the applicant proposing to develop one lot as a single-family home and deed the second as a vegetated buffer to the city.

Michael Evaney, an architect with Cummings Properties, told the board the planning board had approved a definitive subdivision plan that would produce Lot 1 at roughly 8,370 square feet for a single-family dwelling and Lot 2 to remain a treed buffer between an industrial zone and a residential neighborhood. “The goal of this is to maintain a nice vegetated buffer that remains here between an industrial zoning district and the residential neighborhood,” Evaney said during his presentation.

Why it mattered: Neighbors and the Ward 2 councilor said the buffer would protect the neighborhood’s appearance and reduce traffic risks. Ward 2 Councilor Bill Pappalada asked the board to act so subsequent steps — including city-council and building-department reviews — could proceed. “I’d request that you give strong consideration to making a decision tonight,” Pappalada said.

Board concerns and conditions: Board members repeatedly cautioned that the zoning board cannot compel the city to accept or maintain the deeded parcel. The chair emphasized the need for coordinated documentation with the city solicitor and recommended that, if the board votes in favor, the decision be prepared only after the required city approvals and legal mechanics are clarified. “I think my suggestion would be that we don't hurry up and crank out a decision,” the chair said, urging that the applicant waive statutory decision deadlines so the board can work with the city solicitor on how and when a decision is recorded.

Outcome and next steps: The motion to grant the variance — with the understanding that planning-board conditions would be incorporated and that the chair would consult the city solicitor on recording and documentation — passed 4–1. The board directed that the signed decision and the practical mechanics for transferring Lot 2 be coordinated with the city solicitor and transmitted to the city council for acceptance; the building permit and any construction will be subject to subsequent approvals and the 20-day appeal period that follows decision filing.

What supporters said: Resident Josephine Tremonti, who said she has lived nearby since 1974, described the buffer as an aesthetic and privacy benefit. “It provides privacy for the area … It's a very pretty setting too and helps the neighborhood separate from the industrial area,” she said.

What remains unresolved: The board’s approval does not obligate the city council to accept the parcel or the Department of Public Works to maintain it. The applicant and the chair will now work with the city solicitor to draft deed-transfer and acceptance documents and to identify any required conditions before the decision is recorded at the registry of deeds.

The board’s decision will be prepared and filed; the board asked the applicant to waive timing for decision issuance so final documentation can be coordinated with the city solicitor. If any party files an appeal within the statutory appeal period after decision filing, no building permit will issue until that process is resolved.

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