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McLean Hospital 16 & 22 Bypass Road

McLean Hospital

New update November 22, 2016

At the request of the Zoning Board of Appeals (ZBA), the Board of Selectmen (BOS) has voted to appoint outside counsel to represent the ZBA and the Town in connection with the lawsuit filed by McLean Hospital (McLean) related to the ZBA’s decision to overturn the Building Inspector’s opinion that McLean was entitled to utilize the so-called Dover Exemption with respect to its proposed facility on Bypass Road, as well as in connection with any related appeals or lawsuits that may arise.   The BOS has every confidence that Town Counsel could have effectively represented the Town and the ZBA in these matters, but agrees with the ZBA that it would be best under the circumstances to retain outside counsel going forward.  The BOS has great confidence in the ZBA’s handling of this matter throughout and sees no reason not to defer to its judgment in the matter of determining legal representation.  At the recommendation of the ZBA, the BOS has voted to appoint Attorney Jason (Jay) Talerman, of the firm Blatman, Bobrowski, Mead & Talerman, to represent the ZBA and the Town in these matters. As noted by the ZBA, Mr. Talerman has appeared before the ZBA several times, and the ZBA has been impressed with him and thinks he would be a great fit for the Town and the ZBA in these matters. Mr. Talerman is a partner in his firm. He has extensive experience in municipal law with an emphasis on zoning and land-use.  He has a strong litigation background, having tried cases at every level of the Massachusetts judiciary and before the US Bankruptcy Court and Federal District Court.  Mr. Talerman’s understanding of municipal law and concerns is also informed by his volunteer service, in a variety of capacities, in his home town, where he currently serves as Town Moderator.

Click here to read the appeal

McLean Hospital a mental health treatment & education facility affiliated with Harvard Medical School is interested in operating an educational therapeutic residence located AT 16-22 Bypass Road. The hospital currently operates another residential program at 5 Old Cambridge Turnpike in Lincoln. This would serve a maximum of 12 clients ages 15-21 for a duration of 60-120 days that would live in a home environment and participate in a structured, closely supervised educational therapeutic program. The residence would operate under 24 hours 7 days a week. Staff would work in 8 hours shifts with 2 overnight staff.  The Planning Board held a meeting on May 24, 2016 where they determined that the changes requested required a public hearing. The Planning Board held a Public Hearing  for Site Plan Review on Tuesday, June 28, 2016 at 7:00pm at 16 Lincoln Road 1st floor meeting room and was continued to July 26, 2016 and closed on July 26, 2016. The Board voted to approve  the Site Plan on September 13, 2016.

To view documents, plans and other material please click here

To view documents for the ZBA appeal hearing and meeting dates see the time line below.

McLean Time line Process

 

4/12/2016

McLean representatives contacted town administrator

4/12/2016

Town Administrator suggested McLean contact Planning Director

4/14/2016

Planning Director spoke with representatives from McLean to coordinate a meeting with Building Inspector & Planning Staff

4/19/2016

Planning Director, Planning Board Administrator, and Building Inspector met with MCLEAN to get a better understanding of their project. Asked McLean to put it in writing so Town Counsel could review proposal.

4/22/2016

Mclean submits a letter dated 04/22/16 to Town

5/2/2016

Town Counsel Supplies Town with Legal Opinion

5/17/16

Internal Staff Meeting to discuss review process

5/18/2016

6-7 pm Neighborhood Meeting - McLean Hospital

5/24/2016

7:45 pm Planning Board Meeting - Determination of Major Change. PB scheduled a public hearing for June 28, 2016

05/31/16

McLean Closed on properties.

06/04/16

Planning Board site visit

06/28/16

7:00pm Planning Board Site Plan Review Hearing.  Continued to Tuesday, July 28, 2016 at 7:30pm. Hearing Closed on July 26, 2016. Planning Board voted to approve the site plan approval on September 13, 2016.

 09/29/16 Appeal of Building Inspector's determination - ZBA Hearing was held on September 29th at 7:30pm, continued to October 20, 2016. The ZBA voted at its  November 3, 2016 in favor of the appellants. The ZBA is meeting again on December 7, 2016 at 7:30pm  to review and sign the decision which will be recorded with the Town Clerk. Please click here to view appeal application to the ZBA and here to view the Hearing Notice and here to view all ZBA documents
 09/18/16 McLean's law suit of ZBA Decision. Click here to read Appeal Documents

McLean Hospital 22 Bypass Road Department Sign Off Required. Click here to view
 

Departments

Sign Offs Required

Board of Health

Title 5 Permit - reviewed by health agent

Fire

Building Permit & Certificate of Occupancy

Building

Building Permit & Certificate of Occupancy

Zoning Enforcement Officer

Letter Use Permitted under MGL Chapter 40A Section 3

Conservation Commission

Conservation determination that wetlands filing is not warranted

Planning

Site Plan Review

Police

No formal signoff - will look at safety & security. Police require Safety & Security Plan of external & internal accountability

Water

Open up account (will look at water use if sprinkler system is needed)

Legal

Town Counsel's review

Housing

Determine if congregate living qualifies on State's subsidized housing inventory - It does not count.

Board of Selectmen

PILOT Agreement (Payment in Lieu of Taxes)