WOBURN - The future appears to be uncertain for a woman who wants to open a psychic studio in West Woburn.
The City Council at its recent meeting continued until Sept. 6 its public hearing on a petition from Kathy Wilson for a psychic studio at 238 Lexington St., but she was advised that ultimately there may not be enough votes to support the special permit she seeks.
Ward 3 Alderman Scott Galvin and Alderman at-large Paul Denaro have already indicated they would not vote in favor, and Alderman at-large Joanna Gonsalves is ineligible to vote because she was absent from the initial public hearing last month.
Six affirmative votes - from all the other members of the council - are required for passage.
"It's teetering," said Ward 7 Alderman Raymond Drapeau.
At a recent meeting of the council's Special Permits Committee, an opinion was received from Jonathan Silverstein, of the Kopelman & Paige firm that represents the city, but it raised as many questions as it answered.
Silverstein wrote that the council does not need to grant a special permit for the psychic studio if the non-conforming zoning status of the property has not been discontinued within the past two years, the city's time frame for abandonment a zoning use.
If the non-conforming use has been discontinued, then no special permit can be lawfully granted. The property would have to revert to its residential (R-1) designation, which allows for only single-family homes.
"He (Silverstein) is saying the council has to make the finding," said Galvin. "If you don't like this use, simply say no. If you like the use, then vote for it. I don't like the use."
While the property has always been used at the site for a business entity, Drapeau noted the last permitted operation was a flower shop that ceased operations well in advance of the two-year time frame, and all other subsequent businesses had operated without zoning authorization.
"We're in a legal predicament," said Drapeau, whose district includes 238 Lexington St. "We can't look at another special permit because it's reverted to the R-1 zone, and (the non-conforming status can't be continued) because the flower shop has been out of there for more than two years."
Further complicating the issue is the size of the lot, about 2,000-square-feet, which is well short of the minimum lot size of 12,000-square-feet for the construction of a single-family home, meaning that if the non-conforming status is no longer valid, then neither a business nor a residence can go there, and the owner is stuck with an unusable piece of property.
"It's in an R-1 zone but there's never going to be anything in there but a business," said Ward 2 Alderman Richard Gately, who added he remembers when the property housed a barbershop and he got his hair cut there as far back as 1956.
Psychic studio
Galvin said he didn't "agree 100 percent" with Silverstein's opinion, and opined the decisive factor in whether the non-conforming status of the property is still valid was the owner's intent.
"We can get around the abandonment, but I'm not necessarily saying we should," said Galvin, who reiterated his opposition to the psychic studio, a use that is not listed in the zoning code.
"If it's not listed, it's not allowed," said Galvin.
Sonny Lane, who represented Wilson at the committee meeting, argued there are many uses that aren't listed - like piano or singing lessons - that would not be prohibited.
"You can't expect them to list every single occupation in the world," said Lane. "This could classify as a prognosticator ... like a stock analyst or even a weatherman."
Lane also noted his and Wilson's track record operating a used car sales business from 239 Salem St. in East Woburn for 12 years without a blemish.
"In the used car business, it's kind of an odd thing to have no complaints at all, and we didn't have any," said Lane, who noted the operation was discontinued when the Salem Street property was sold.
"From our past record, we do what we'll say we'll do," said Lane.
He said Wilson was willing to abide by any reasonable condition to the special permit, like a prohibition on banners on the building.
Noting the council still "has some things to work out," Drapeau suggested the petition be kept in committee for more discussion in advance of the resumption of the public hearing at the council's next regular meeting on Tuesday, Sept. 6.
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