Lowell ZBA Denies Special Permit to Methadone Clinic on Chelmsford Border

In a 4-1 decision on Monday night, the Lowell Zoning Board of Appeals decided to deny a special permit Habit OpCo Inc. for a proposed Methadone clinic on 22 Olde Canal Drive, just feet away from the Chelmsford border.

Although testimony was limited in comparison to the board’s last meeting on the subject, which went on for over five hours, they heard from the security director for the facility’s current location as well as a owner of a nearby property who did not want patients to the proposed facility dropped off in his parking lot and attorney Scott Consaul, who spoke for the Stedman Academy at Calvary Church.

In Console’s remarks, which were limited in time by ZBA chairman William Bailey, he cited case law that he believed would qualify the religious home school cooperative as “public or private elementary school, middle school (or) secondary school,” whose proximity would prohibit the special permit under Section 7.7.4 of Lowell’s zoning ordinances.

However, the topic of the school’s definition, or for that matter anything to do with Chelmsford, was overshadowed by Lowell related matters affecting the site ranging from a lack of sidewalks and a lack of public transportation to distance from emergency services and possible accidents to patients during colder winter months.

Other Lowell issues were discussed by only other person who testified to the board during the reopened public hearing:  Robert Moore of 26 Montvale Ave. in Lowell.

While the City of Lowell’s Law Office indicated that Habit OpCo attorney George Eliades did not need to take into account any data within half a mile from the site in Chelmsford, Moore noted that when the 12 homes within half a mile in Lowell was extended to 7/10ths of a mile, that number jumped to 84.

While Moore said that Eliades was one of the best lawyers in Lowell, Moore also reiterated claims from the opposition from Chelmsford at the last meeting.

“The other thing I objected to was that (Eliades) was saying those opposing this project were trying to deny people their medicine,” said Moore. “Nobody is saying not to have a clinic, just not to have it there.”

At times throughout the evening, Eliades took umbrage with the fact that the public hearing was reopened as well as the testimony of the opposition, saying that the testimony at the previous hearing was based on “stereotyping, prejudice and unbased fears” of the patients at his client’s current facility on Hall Street in Lowell rather than factually based opposition from similar facilities elsewhere in the country.

In particular, Eliades was outraged with allegations from nearby residents in Lowell and Chelmsford that he did not meet legal requirements for the special permit application, as well as toward an elderly man whose cell phone went off three times during the meeting after Bailey asked the audience to silence their cell phones, despite a family member indicating that the elderly man was unable to silence his phone.

“It’s absolutely outrageous, it’s childish behavior,” said Eliades of the cell phone and the audience cheering for opposing arguments to the proposed facility. “There’s no reason for these people to continue in here, if it happens again you should clear the hall.”

Only alternate Van Pech voted in favor of the applicant, although the ZBA vice chairman Corey Belanger said that he would not leave the meeting with a positive feeling on his vote, agreeing with many of Eliades’ point and also speaking directly to the assembled crowd that filled the City Council chambers.

“You’re neighbors and abutters, so I understand why you’re here, but we cannot have these people walking on the street.”

The motion by the board included a series of additional requirements in addition to providing immediate notice to the Lowell City Council if it failed due to the fact that Habit OpCo’s current lease on Hall Street expires on Sept. 30

See attached for a new letter of opposition from the Chelmsford Board of Selectmen presented as testimony during the case.