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From: "Cohen, Paul" <> Date: Tue, 31 Dec 2013 16:53:48 +0000 To: Matt Hanson<MHanson@TownofChelmsford.US>; Wojtas, Pat<PWojtas@TownofChelmsford.

US>; Askenburg, Janet<JAskenburg@TownofChelmsford.US>; Dixon, George<>; Jim Lane<> Subject: Movement on Lowell methadone clinic

Movement on Lowell methadone clinic

By Lyle Moran,
UPDATED: 12/31/2013 10:47:14 AM EST

Lowell's methadone clinic could move to this building in Lowell, near Drum Hill

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LOWELL -- The company operating the city's lone methadone clinic and the city have reached a legal agreement which calls for the voiding of the Zoning Board of Appeal's decision to block the relocation of the clinic and for a new vote to be taken by the board. The agreement concerning Habit OpCo's proposed move to near the Chelmsford line was filed recently with state Land Court Judge Judith Cutler, who has yet to approve the proposal. If Cutler approves the agreement, the ZBA's rejection of the clinic's relocation to 22 Olde Canal Drive would be annulled, remanded to the board, and scheduled for another public hearing at the first available date. The city wrote in a recent filing in the federal case involving the two parties that it plans to hold the public hearing on January 13. Four of five board members are needed for specialpermit approval.

"We are hopeful the Zoning Board of Appeals will handle the petition differently this time," said David Klebanoff, the attorney representing Habit OpCo. The "agreement for judgment" would settle one of two legal complaints Habit OpCo filed in response to the ZBA's 4-1 vote in June to block the clinic's relocation from its location on Hall Street. Habit OpCo also filed suit against the city in federal court alleging that the city and ZBA are discriminating against drug addicts under the Americans with Disabilities Act, as well as violating the equal-protection and due-process clauses of the 14th Amendment to the U.S. Constitution. Klebanoff said the federal case likely will be resolved if the Zoning Board of Appeals approves Habit OpCo's relocation proposal. A scheduling conference on the federal case is scheduled for Jan. 8.