Petrucci v. Board of Appeals

Joseph Petrucci and six family members reside in his home on a 53,000 square foot lot in Westwood’s “single residence” zoning district. In 1995, he proposed to establish a child care facility in a barn located on his property. After interior renovations to the barn that would leave its exterior and footprint unchanged, the facility would serve forty-seven children daily and be staffed by six adults. The Westwood build*819ing commissioner (commissioner) denied Petrucci’s application for a building permit to begin the renovations. The denial was affirmed by the Westwood board of appeals (board),…