Wilmington Agrees To Mediation On Proposed Detox Facility

WILMINGTON, MA — The company trying to build a drug treatment facility on Middlesex Avenue in Wilmington and the town have agreed to mediation in hopes of settling a federal lawsuit. Bettering LLC filed its lawsuit in April accusing the Town of Wilmington of violating the Americans with Disabilities Act and the Fair Housing Amendment Act. Bettering filed after the Wilmington Zoning Board of Appeals rejected the controversial proposal.

In a ruling released Wednesday, U.S. District Court Judge F. Dennis Saylor IV approved the request by Bettering and the Town to enter the courts alternative dispute resolution program. Saylor also postponed a July 11 scheduling conference, pending the outcome of the mediation.

Bettering wants to build the 48-bed, short-term detox center at 362 Middlesex Avenue. The project has upset residents in the neighborhood, which includes a mix of residential and business properties. The company claims its plan was grandfathered in under the town's old zoning rules, which were changed by Town Meeting in December 2017 to place new restrictions on where drug treatment facilities could be located.

Bettering's lawsuit accuses 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 company is seeking damages and injunctive relief was moved from state court to federal court earlier this year. Bettering claims delays have cost it $50,000 in lost profits. The company said it has invested $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.

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