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ZBA finds it lacks jurisdiction in appeal over six‑unit redevelopment at 1280 Middlesex St.

2111671 · January 15, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

The Lowell Zoning Board of Appeals voted that an administrative appeal challenging a building permit for a proposed six‑unit redevelopment at 1280 Middlesex Street was not filed timely and therefore the board declined to overturn the building commissioner’s permit decision.

The Lowell City Zoning Board of Appeals on Jan. 13 voted that it did not have jurisdiction to hear an administrative appeal challenging a building permit for redevelopment at 1280 Middlesex Street, finding the appeal was not timely.

Attorney Christopher Alphen, representing appellant Mark J. Carabini, told the board his client’s argument rests on two points: that the building’s prior six‑unit use was a grandfathered, nonconforming right that was extinguished after two years of nonuse (he cited “section 456” of the zoning ordinance), and that the structure’s dimensions and lot area would require separate zoning relief rather than a straight building permit. Alphen said records show the property was vacant after a 2017 boiler failure and a Board of Health vacancy order…

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