AG Delays Decision On Wilmington Detox Zoning Rules

WILMINGTON, MA -- Selectman Michael McCoy said a decision by the Attorney General's office to certify a Wilmington zoning law that would limit where drug and alcohol treatment facilities could be located is part of a game of "political football." The AG ruled on all of the other articles passed at the December special town meeting, but said it would take additional time to see if Article 2 complies with state law and issue a ruling by June 19.

"We need to put the Attorney General’s Office on notice that if she disapproves it, the town has a right to sue the Attorney General’s Office and bring it to court," McCoy said Monday's board of selectmen meeting. McCoy made a motion for the town to call on the AG's office to certify the article; that motion failed.

Special Town Meeting approved the new zoning rules, which do not apply to the current proposal to open a detox facility at 362 Middlesex Avenue, which would be grandfathered in under the town's old zoning rules. An October opinion from town counsel noted that the Massachusetts Attorney General's office would likely shoot down the law if it passed town meeting, as it had done to a similar zoning law passed by the town of Millbury. In that instance, the Attorney General said by singling out facilities that serve people seeking treatment for drug addiction, the zoning law violated discriminated against people with disabilities.

McCoy said if the AG's office had found the article discriminatory it would have already said the article could not be certified. He claimed the office was delaying its decision because it was being pressured by opponents of the new zoning rule.

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Patch file photo of Michael McCoy.

Dave Copeland can be reached at dave.copeland@patch.com or by calling 617-433-7851. Follow him on Twitter (@CopeWrites) and Facebook (/copewrites).