April 3, 2019 UPDATE

McLean Hospital appealed the Land Court’s decision to the Massachusetts Supreme Judicial Court (SJC) who heard oral arguments on April 2, 2019. Parties are now awaiting court decision. We will update this website once the decision is released.

McLean Hospital Litigation - Board of Selectmen November 14, 2018 Update 

A few weeks ago we reported that the Land Court had ruled in favor of the Zoning Board of Appeals (ZBA) in the matter of the Board’s denial of McLean Hospital’s application to establish a residential treatment program for adolescents on its Bypass Road properties. McLean Hospital has subsequently filed a Notice of Appeal to preserve its rights.  In response, the Board of Selectmen has voted to retain the services of Special Counsel, Jay Talerman, on an ongoing basis to continue the Town’s vigorous defense in this matter as necessary, and to authorize the Town Administrator to continue to expend funds for this purpose. 

Again, we appreciate the efforts of all those whom participated in the defense of the Town during the Land Court proceeding.

Jonathan Dwyer, Chair
Jennifer Glass
James Craig
Board of Selectmen

Earlier Updates:

McLean Hospital Appeals ZBA Decision 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. 

Update: October 23, 2018
The Court has ruled in favor of the Zoning Board of Appeals (ZBA) in the matter of the Board's denial of McLean Hospital's application to establish a residential treatment program for adolescents. A Board of Selectmen Press Statement and Copy of the Court's Decision can be found by clicking here.

ZBA Decision: Click here

To View McLean Appeals click below:

1. McLean Chapter 240 Complaint November 2016
2. McLean Chapter 40A Appeal December 2016

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 Planning Board documents, plans and other material please click here

To view documents for the ZBA appeal click here

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. ZBA Decision
11/16/16	McLean's law suit of ZBA Decision. Chapter 240 Complaint
12/13/16	McLean's appeal of ZBA Decision 40A Appeal
October 2018	Land Court rules in favor of ZBA
November 2018	McLean filed a notice of Appeal

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)