Billerica ZBA Denies Rumley Lot-Merger Appeal
ZBA · Meeting of September 16, 2026
Billerica's Zoning Board of Appeals denied a novel appeal testing how far the state's Affordable Homes Act reaches into century-old lot lines. Attorney Stephen Nelson, representing appellant Robert P. Rumley III, argued four small lots off Apple Street and Birch Street never actually merged under the 1953 cutoff the new law sets for the "merger doctrine," calling it a case with "no case law in Massachusetts yet." Building Commissioner Mike Lumiere disagreed, telling the board his office has been "inundated" with similar "1850 lot" requests since the law changed and that most have been approved, but this one did not meet the criteria.
The board voted 4-0 against overturning Lumiere's determination, with board members citing deference to town counsel. In five other matters, the board unanimously approved variances and special permits, including an expanded pickleball and badminton facility at 15 Middlesex Turnpike and a historic-property lot division on Pocket Road.
In the full story:
- Who Was There
- Organizations And Documents Referenced
- The complete report — 2,872 words
Source: the ZBA meeting of September 16, 2026, reported from the official video recording and transcript.
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