Detox applicant pressing forward after losing appeal

The group behind a proposed substance abuse detoxification facility on Turnpike Street will now try its luck in court after failing to convince the Canton Zoning Board of Appeals of its right to operate within a business zone.

In a unanimous vote issued last Thursday, the ZBA elected not to overturn a prior ruling by Building Commissioner Ed Walsh, who had found that the facility in question, contrary to the argument advanced by the developer’s attorneys, did not meet the definition of a “nursing or convalescent home” as defined in the town’s zoning bylaws. The board further agreed with Walsh’s position that the proposed facility — a medically monitored inpatient detox (MMID) — is separately defined and subject to a specific regulatory framework as outlined under state Department of Public Health regulations.

“The proposed MMID is not a convalescent home and is not regulated under [the same chapter of regulations],” concluded ZBA Chairman Greg Pando.

The decision by the zoning board represents the latest blow for a project that has faced heavy resistance almost from the outset from numerous constituencies in the town — everyone from direct abutters worried about property values and security issues to town officials and other concerned citizens who have questioned the fit for such a facility at that particular location.

But despite the widespread opposition, the development team remains both committed to the project and confident in its legal position and is planning to file an appeal with the Massachusetts Land Court — possibly as soon as this week, according to Paul Schneiders, attorney for the applicant.

“It’s actually not a very complex case,” said Schneiders. “Basically, it all revolves around whether the word ‘convalescent’ is broad enough to cover a rehab facility for alcohol and drug addiction.”

Prior to the closing of last Thursday’s hearing, Gabriel Dym, another attorney for the applicant, emphasized that the only definition that should matter in the ZBA’s ruling is the one that appears in the bylaw and not what is generally understood to be a convalescent home in the common vernacular.

Ultimately, however, the ZBA weighed several factors in arriving at a decision, including testimony given by residents at the initial March 22 hearing and various other “findings of fact” outlined by Pando. Among them were federal compliance criteria that lists 13 medical conditions required for classification as a convalescent home, or inpatient rehab facility (IRF).

“Detox is not one of the listed medical conditions for an IRF,” noted Pando. “It is my opinion that a convalescent home, therefore, is a time of recovery after a medical event or procedure, not the procedure itself. Detoxification is the medical event or procedure.”

In conclusion, Pando said it was “abundantly clear” to him that the proposed MMID facility was not a permitted use under the zoning bylaws and recommended that the developer’s appeal be denied. Both of his ZBA colleagues, Gary Vinciguerra and John McCourt, concurred with his findings and all three voted “no” to a motion to overturn Walsh’s initial ruling.

Despite the board’s position on this particular case, Pando took a moment to acknowledge the severity of the current opioid addiction epidemic and to remind the audience that it is “not isolated to economically depressed areas but is an epidemic that affects all communities.”

Pando added that local bylaws cannot anticipate societal trends and therefore must be periodically updated to reflect these changes. “Our laws by their nature are reactive and not proactive, and these legislative changes do not occur overnight; they do take time,” he said.

And with the town set to contemplate a one-year moratorium on new medical facilities at Wednesday night’s special town meeting, Pando said that Town Planner Laura Smead has been working on new zoning legislation that would “address the important need for MMIDs and similar services” in Canton.

“This legislation is being reviewed and thoroughly crafted with care to provide a balance between the critical need and the protections for the quality of life of our residents,” said Pando. “I fully expect that the town of Canton will have comprehensive legislation in place for our next annual town meeting in the spring of 2019.”

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Posted by Jay Turner on May 19 2018. Filed under News, Town Government. Both comments and pings are currently closed.