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Council votes to accept Delaware Avenue; decision clears way for resolving adjacent property encroachment
Summary
The City Council voted to accept Delaware Avenue into the municipal layout, a step staff said is necessary to resolve a building encroachment discovered during a recent property sale; further action on the encroachment is expected.
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The Lowell City Council voted on March 18 to accept Delaware Avenue into the municipal street layout, closing a procedural gap officials said was discovered during a recent property sale and necessary to address an adjacent building encroachment.
Attorney Brian Leahy, representing the former owner of the Heritage property, explained the sale uncovered an encroachment “probably the size of this binder” and that Delaware Avenue had never been formally accepted despite appearing and functioning as a public street. “We’re here today to get this resolved and then deal with the encroachment issue,” Leahy said.
The council closed the public-hearing portion that received expressions of support and then adopted the order. Councilors and staff indicated the encroachment will return to the council at a later date for a separate vote. During the roll call, council members voted to adopt the acceptance; councilors confirmed a subsequent appearance on the agenda will address the encroachment.

