The genesis of the court case was the decision in 2020 by the Commission to deny an application by the Root Center for a methadone clinic on Washington Street, across the street from Indian Hill Cemetery. The vote was 4 to 3 in favor of approval, but as the City Charter requires any approval to receive 5 of the 7 votes, it was a denial.
The Root Center appealed the decision, arguing that the requirement for a supermajority was at odds with State Statute. The Middlesex Superior Court agreed, and ruled that the Commission's 4-3 vote was actually an approval.
The city filed an appeal, now under consideration by the court. The Root Center made a settlement offer that is not public information, according to Director of Land Use, Marek Kozikowski. The Commission discussed this settlement offer with City Attorney Chris Forte in executive session, not open to the public.
After returning to public session, the Commission voted unanimously against accepting the settlement offer, advising the City to pursue its appeal.
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