SAUGUS — The Board of Appeals voted 4-1 to deny a change of 409 Lynn Fells Parkway’s non-conforming zoning use from flower sales to suit and tuxedo sales and rentals, which the property’s owner, Russo’s Tux Shop, had requested.

The issue saw heated discussion at previous board meetings. A number of residents in the area have strongly opposed the change of use at 409 Lynn Fells Parkway, the former site of Petrie’s Flower Shoppe, citing potential changes to the neighborhood’s character and the behavior of Maria Russo, who owns Russo’s Tux Shop, and members of her family.

“I think this is going to end up in a courtroom,” Board Chairman Tom Traverse said. “I think we’re naive if we don’t think that… No matter which way it goes, the other side will be appealing.”

The board members who voted to deny the change ultimately did so because of Town Counsel John Vasapolli’s legal opinion that Russo’s Tux Shop had not presented enough evidence to justify the change of use.

At the meeting, Attorney Jeffrey Rosario Turco, who is representing Russo, continued to make his case that the property has historically had a non-conforming use with newspaper articles and documents dating back to 1928 regarding the town’s first zoning ordinance. He said that the documents “just go to proving that the place (Petrie’s) was certainly a non-conforming use.”

“If you look at the annual reports of Saugus in the ’60s, the late ’60s, they start talking about, ‘Well, now that Saugus Center is developed, we’re going into sort of the farther edges of the town, and we need to change some of the residential zoning, particularly greenhouses,” Turco said. “And people complained about greenhouses and farms back then, and so that is when the zoning was changed, which made these properties non-conforming uses.”

Turco mentioned that Russo’s Tux Shop had operated out of 409 Lynn Fells Parkway, selling and making corsages and boutonnieres during February 2023 in advance of junior prom season, to dispute previous claims that the property has been abandoned for more than two years.

“There’s no sworn testimony. There’s nothing from a town inspector that says they went there and that they viewed the place over a course of two years, and showed two straight years, a minimum of two years, of non-use. There’s nothing,” Turco said. “There’s anecdotal evidence from neighbors. But that’s not facts and that’s not evidence.”

Citing a previous case in which a board of appeals allowed the sale of beer and wine at a convenience store, Turco argued that the businesses of Petrie’s Flower Shoppe and Russo’s Tux Shop are not substantially different from one another, as they both sell goods that are more popular during particular seasons.

“I bought my house next to Logan Airport. It’s kind of hard to complain that I listen to planes at night when I chose to buy my house there,” Turco said. “And so you bought your houses next to a non-conforming use, as a commercial property, and that’s what it’s been since 1945, 1946. And whether we’re selling flowers there, it’s not going to make the complaints go away. People are still going to be upset about it.”

Russo read a letter addressed to the board describing her acquisition of the property as “fate,” arguing that the tuxedo shop is similar in nature to a flower shop. She said that the location would be run seasonally “like a costume shop.”

“We chose Saugus because we love Saugus,” Russo said.

Candace Voelker said that she and other residents in the area are “all poisoned… because of how (the Russos) came in, and all the bad things that happened.”

“Selling… used cars from the parking lot, having boats stored there, and having loud music,” Voelker said. “Just all kinds of things happening like that, that we went, ‘Oh dear god, who are these people and what are they doing?’”

Russo clarified that her son, who was looking to take over the business, had been living in the apartment located above the retail section of the store. Tensions began to rise between Russo and Voelker, with Turco eventually intervening to restore calm between the two.

Another resident, Jacki Kiddy, addressed the board, and then Russo directly.

“What is the asset of having that particular property, in that particular location, that you may not get permission from this board to change the zoning?” Kiddy said.

Turco replied, saying that when Russo purchased the property in November 2021, the original plan was to run a flower shop there. Due to family health concerns, he said, the Russos evaluated the viability of running a separate tuxedo shop in addition to the flower shop in Saugus. He said that ultimately, they decided that they could not sustain both businesses, “downsizing” to just the tuxedo shop, which they intended to utilize the Saugus location for.

Selectman Michael Serino also took the lectern to say that he had the opportunity to review Vasapolli’s legal opinion. He argued against the change of use.

“If you look at the history in Saugus, this land is zoned residential, and our zoning bylaws allowed that on properties, greenhouses on properties,” Serino said. “I just don’t think it’s the right thing to do. It sets a precedent.”

Town Meeting member Arthur Grabowski, to applause, said that Saugus has seen too much overdevelopment and lost too many open spaces.

“It’s about time that boards and commissions in this town represent the neighbors and residents, as opposed to businesses,” Grabowski said.

Robert Northrop was the only board member to vote against denying the change of use. Traverse said that Board member John Cannon did not vote, as he had been able to attend previous meetings where the issue was discussed.

Traverse said at the meeting’s beginning that the applicant will have 21 days after the board makes the decision public to appeal it.