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Lowell ZBA grants six‑month extension for July Street variance after street‑opening moratorium delay
Summary
The Lowell Zoning Board of Appeals approved a six‑month extension to variances for a single‑family home at 26 July Street after a recent repaving triggered a five‑year city/state moratorium on street openings, delaying the applicant’s ability to post bond and begin work.
The Lowell Zoning Board of Appeals on June 23 approved a six‑month extension for variances allowing construction of a single‑family home at 26 July Street, after a street‑repaving triggered a five‑year moratorium on street openings.
Attorney George Theodore, appearing for Koljack Development Corporation, told the board the variances were issued July 22, 2024, but “not a week later after we obtained the variance, July Street was repaved. So as a result of that, a 5 year moratorium goes into effect.” He said the rule, which he described as a city and state requirement, prevents issuance of street opening permits except for emergencies and delayed the applicant’s ability to post the required bond.
Board members discussed the extension briefly and moved to approve. Member McCarthy made the motion for a six‑month extension and Member Bridal seconded. Chairman Peck, Member McCarthy, Member Brier and Member Javi voted to approve the extension. The board did not attach additional conditions at the hearing.
The extension gives the applicant more time to post security and obtain the necessary approvals before the variances expire. The board record includes the original variance dates in July 2024 and the applicant’s statement that the city’s building and engineering departments had provided assurances in May that posting bond would be possible once requirements were met.
