FALL RIVER — The Zoning Appeal Board, by a 3-2 vote, has once again upheld the city building inspector’s decision to deny Stanley Street Treatment and Resources a permit to a 30-bed treatment and recovery on Thursday.
It’s been four times since SSTAR has been rejected in its bid to complete the 15-bedroom section of its new facility at 75 Weaver St.
If it wants to move forward, SSTAR should rely on its pending lawsuit against the city, filed in December 2018.
Initially, SSTAR was denied a motion for a preliminary injunction in Superior Court in early 2019after the zoning board upheld Inspection Services Director Glenn Hathaway’s refusal to issue building permits.
At this time, SSTAR was offering to house 60 beds for drug patients on the second floor of the Weaver Street facility.
A hearing on the status of the lawsuit is scheduled for May 2.
Chain of disclaimers:Why SSTAR Didn’t Get a License for Its New Fall River Drug and Alcohol Rehabilitation Center
Hathaway said he was happy with the zoning board’s decision and said SSTAR could apply for a waiver to complete the treatment unit, which SSTAR did not pursue.
Hathaway continues to deny building permits because the drug and alcohol rehab portion does not meet city zoning regulations, given that the facility is in a commercial factory district.
Large opening:SSTAR prepares to open new joint addiction treatment and primary care facility in Fall River
SSTAR lawyer: installation would be educational
As he has done before the zoning board in the past, SSTAR attorney Richard Burke argued that the facility was covered by the Dover Amendment – a Massachusetts law that exempts educational, agricultural and religious entities from certain zoning restrictions. He argued that the facility would include an educational component.
Burke cited case law that supported SSTAR’s argument, saying that “essentially everything SSTAR does is educational”.
“Exactly what SSTAR seeks to do here has been done before.” said Burke. “They made it clear that the Dover Amendment applies.”
Real estate report:Liberty Utilities sells 5th Street property in Fall River for $1.8 million
He read a letter written by SSTAR CEO Sherry A. Ellis, who was present at the hearing.
“Recovery from addiction is a relearning of how to live,” Ellis wrote.
After debating whether or not to receive further clarification from Hathaway, zoning board members voted to uphold the building inspector’s decision.
Wonders of the south coast:We are not the only ones in Fall River. Let’s take a trip to 5 more
The facility on Weaver Street is a $16 million project that began in 2016 under then CEO Nancy Paull. It offers substance abuse treatment and individual and family primary care.
SSTAR paid Weaver Cove Mill LLC $675,000 for the 3-acre property. It was once the site of the old Border City No. 3 Mill, which was destroyed by fire in February 2016.
Jo C. Goode can be reached at [email protected]. Support local journalism and subscribe to The Herald News today!
