An appeal has been filed in Land Court against the special permit granted by Peabody City Council’s 9-2 to the 38-unit condo development at 40-42 Endicott St by neighbors of the project.
The appeal states that the special permit "was arbitrary, capricious, legally untenable, exceeded the City Council's authority, was obtained in violation of the City Council's own procedures and rules for special permits, and was had via a hearing that was not noticed or published."
The development would replace two vacant commercial buildings but the lot is zoned for only single and two-family homes, hence the need for a special permit. The appeal asks a judge to either reverse the approval (through annulment or denial) or send back it back to the city council with a directive that it should be denied.
