Whitman ZBA Approves Modified Special Permit for Franklin Street Duplex with Conditions to Limit Bedroom Use
Meeting: Whitman Zoning Board of Appeals
Date: July 14, 2025
Summary:
The Whitman Zoning Board of Appeals reviewed and approved an amendment to a previously granted special permit for a duplex at 74 Franklin Street. The amendment addressed unauthorized changes to the interior layout that resulted in four-bedroom units instead of the approved three-bedroom design. After extensive discussion, the board imposed conditions to restrict use of the third floor, require modifications to condominium documents, and ensure compliance with building codes.
Detailed Overview:
The meeting began with the board hearing Case #12 regarding 74 Franklin Street, where the applicant, Manuel Ramos, requested an amendment to a special permit and variance originally granted in February 2024. The amendment was prompted by changes made during construction that resulted in each unit of the side-by-side duplex having four bedrooms, including a finished attic with a full bathroom, contrary to the approved three-bedroom plan.
Ramos and his representative explained that the changes were made during a difficult personal period and were not intended to circumvent the original permit. They emphasized that the building’s exterior remained unchanged and that the modifications were limited to interior layout adjustments. One unit had already been sold with a temporary occupancy permit, while the second unit remained unsold pending resolution of the zoning issue.
Board members expressed concern about the increased bedroom count, potential for over-occupancy, and the risk of future owners informally subdividing the units. They discussed the enforceability of bedroom limits and the implications for parking and neighborhood impact. Public comments echoed these concerns, with neighbors requesting safeguards to prevent further unit division and increased density.
After deliberation, the board agreed to approve the amendment with several conditions aimed at preserving the original intent of the permit and limiting future misuse. These included restricting each unit to three bedrooms, prohibiting use of the attic as a bedroom, requiring revisions to the condominium documents, and ensuring parking remains confined to existing driveways.
Meeting Minutes:
Key Decisions & Votes:
Motion: Amend the special permit for 74 Franklin Street with conditions.
Outcome: Passed 5-0.
Notes: Conditions include limiting each unit to three bedrooms, prohibiting attic use as a bedroom, revising condo documents, and restricting parking to driveways.Motion: Waive reading of abutters list.
Outcome: Passed unanimously.
Notes: List was extensive due to nearby condominiums.
Major Topics Discussed:
Topic: Unauthorized Interior Modifications
Discussion: Applicant added a fourth bedroom and full bathroom in the attic of each unit without board approval. Board members debated the implications and enforceability of bedroom limits.Topic: Condominium Document Revisions
Discussion: Board proposed requiring amendments to the master deed to reflect the three-bedroom limit and prohibit partial unit rentals.Topic: Parking and Occupancy Concerns
Discussion: Members and neighbors raised concerns about increased occupancy and parking overflow. Board agreed to restrict parking to existing driveways.Topic: Building Code Compliance
Discussion: New building inspector tasked with reviewing attic ventilation and light requirements to ensure compliance.
Public Comment: Neighbors expressed concern about the potential for increased density and informal subdivision of units. One neighbor suggested amending the master deed to permanently restrict bedroom count and prevent future changes. Another neighbor emphasized the importance of transparency and adherence to original plans, citing the impact on adjacent properties.
Action Items & Next Steps:
Applicant to remove closets from third-floor bedrooms in both units.
Condominium documents to be amended to reflect three-bedroom limit and prohibit attic use as a bedroom.
Building inspector to review attic modifications for code compliance and verify implementation of required changes.
Realtor to update property listings to accurately reflect three-bedroom configuration.
Board to monitor compliance with parking restrictions and occupancy limits
*editor’s note: automated article experiment