SSTAR appeals denied permit for Fall River treatment facility

Director of Inspectional Services Glenn Hathaway notified STARR’s Chief Executive Officer Nancy Paul in a letter dated July 2 that he was denying the permit because the project was a non-conforming use on property zoned as a commercial mill district.

FALL RIVER — SSTAR has filed an appeal with the Fall River Zoning Board of Appeals after the city denied a building permit last month to construct a controversial $11.7 million drug, alcohol treatment and research facility at 75 Weaver Street.

New Bedford-based attorney Philip Beauregard filed the appeal with the Planning Department on July 31.

Director of Inspectional Services Glenn Hathaway notified STARR’s Chief Executive Officer Nancy Paul in a letter dated July 2 that he was denying the permit because the project was a non-conforming use on property zoned as a commercial mill district.

SSTAR announced its plans to build the 43,500 square foot facility in November 2016 that will include 30 inpatient beds along with 30 beds for detox and a clinic for outpatient treatment. The outpatient clinic would include the ability to administer anti-addiction drugs such as methadone, suboxone and Vivitrol.

Hathaway indicated that the occupancy of the planned treatment facility is almost three-quarters institutional and not permitted in a commercial mill district.

STARR has the ability to apply with the Zoning Board of Appeals for a variance to allow the facility to move forward.

Beauregard did not immediately return a request for comment on the appeal, but according to his filing, he cites that the denial for a building permit should be reversed on the grounds that the Weaver Street facility qualifies as an educational use, serving those with disabilities and providing therapeutic and rehabilitative programs.

The attorney characterized Hathaway’s denial for a building permit as “unlawful.”

A pair of articles included with the application for an appeal points to the possible legal arguments that could be presented to the zoning board, including applying the so-called Dover Amendment, a Massachusetts law that relieves agricultural, religious, and educational entities from certain zoning restrictions.

A story authored by the Boston Bar Association indicated that education can be applied to substance abuse treatment centers.

The federal Fair Housing Act is also referenced, which has been used when municipalities oppose substance-abuse treatment center. It’s also been used by owners of “sober houses” that have cropped up around the city in recent years.

Asked if she felt that SSTAR would be successful in their bid to overturn the building permit denial, SSTAP CEO Nancy Paull answered in the affirmative.

“There is no doubt, he (Beauregard) feels very confident,” Paul said.

SSTAR paid Weaver Cove Mill LLC $675,000 for about three acres for the property at 75 Weaver St. It’s the site of the old Border City Mill No. 3 that was destroyed by fire in February 2016.

Land records indicate Weaver Cove Mill is managed by Gary and Vladimir Pave and the property sold in a quick claim deed sale. The city assessor values the property at $360,500 as of 2018.

SSTAR has been actively fundraising to help fund the construction of the facility with a goal of $5 million.

Paul said that at this time the agency is $620,000 shy of its goal.

Email Jo C. Goode at jgoode@heraldnews.com