Bettering LLC Sues Wilmington Over Detox Center Denial

WILMINGTON, MA — Bettering LLC filed a lawsuit against the Town of Wilmington and the Wilmington Zoning Board of Appeals in Massachusetts Superior Court accusing the town of violating he Americans with Disabilities Act, the Fair Housing Amendments Act, the Rehabilitation Act of 1973, the Zoning Act’s anti-discrimination provision in Mass. General Law, and the Massachusetts Anti-Discrimination Act. The lawsuit had been expected after the board denied a special permit and declined to make special accommodations for the company's proposed drug treatment facility at 362 Middlesex Avenue.

"Over the course of the public hearings before the ZBA, Bettering presented uncontested, overwhelming and objective evidence that the Facility is inherently beneficial, and that no substantial detriment would result to the neighborhood or the Town," the lawsuit said. "The lack of an evidentiary record to support the denial further proves the Defendants’ decision was based solely on the unsupported discriminatory statements and subjective opinions of residents and the ZBA members themselves."

The lawsuit seeks damages and injunctive relief. In the lawsuit, Bettering claims delays have cost it $50,000 in lost profits. The company said it has ivested $1.5 million in the project to date, including $1.2 million to purchase the property and $300,000 for permitting and design.

The lawsuit also targets zoning board members Raymond Lepore and Thomas W. Siracusa, who voted against the special permit application.

"While members Lepore and Siracusa mentioned design, safety and quality of life concerns, those sentiments were pretext for other discriminatory purposes, and the ZBA’s empty support of a detox facility in a different location amounted to nothing more than a not-in-my-backyard (NIMBY) defense premised on the perceived danger caused by those suffering from alcohol and drug dependency," the lawsuit said.

Bettering, which wants to build the 48-bed, short-term detox center, has also filed an appeal of a Wilmington Zoning Board of appeals decision against the project in Massachusetts Land Court. The company is arguing that when it submitted a preliminary subdivision plan on Sept. 27, 2017, it implemented a "zoning freeze" and that, as a result, the town has no choice but to issue a special permit for the project.

Concerned Citizens of Wilmington, the group leading a fight against a proposal to build a drug treatment center on Middlesex Avenue, launched a fundraising campaign last month to help pay for legal bills. The group estimates it will need more than $10,000, and asked "like-minded residents" to consider contributing through a fundraising Website it set up.
"Our best chance to end this issue lies in our current case being tried in land court," the group said on its Facebook page. "If we win in land court, the detox at 362 Middlesex is forevermore a dead issue. If we lose in land court, Bettering LLC can return in 2 years to start this process all over again."

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