McLean Hospital appeals court decision on Bypass Road property

McLean Hospital has filed a notice of intent to appeal a recent court decision regarding its Bypass Road property, and the town and a group of residents say they will continue to resist the hospital’s efforts to locate an inpatient program in a private home in the neighborhood

In October, the state Land Court denied McLean’s appeal of a 2016 decision by the Zoning Board of Appeals decision saying no to the hospital’s plan to use a single-family house for an outpatient facility for teenage boys and young adults with borderline personality disorder. The court sided with the ZBA, which said this did not constitute an educational use of the property, which would have been permitted under the state’s Dover amendment, although an earlier opinion by town counsel Joel Bard seemed to give McLean the go-ahead.

In response to McLean’s recent filing, selectmen voted to retain the services of attorney Jay Talerman “on an ongoing basis to continue the Town’s vigorous defense in this matter as necessary.” Talerman represented the town in McLean’s initial lawsuit.

“We in the neighborhood are unfortunately not surprised [by McLeans appeal]. And we are concerned about their goal,” said Steven Kanner, a leader of the group of residents who fought McLean’s proposal. The group retained an attorney and petitioned the court to intervene as co-defendants in McLean’s suit against the town.

“From the beginning, McLean has been disingenuous” in characterizing dialectical behavioral therapy or DBT (which McLean planned to use at the Bypass Road facility) as educational rather than medical or therapeutic, Kanner said. DBT “should take place in an acknowledged and legal medical setting (such as McLean Hospital) and not be camouflaged and wordsmithed into an ‘educational’ program to evade common and appropriate zoning restrictions.”

McLean was rebuffed by the ZBA and Land Court, “but they persist. Why?” Kanner said. “Their agenda is not publicly stated, but seeking to get psychiatric treatment facilities placed anywhere with no zoning restrictions would be a goal consistent with their actions. We believe that would be bad public policy, and certainly is not the current policy in the Commonwealth.”

Selectman “declared their intention to oppose any appeal by McLean, and the neighborhood group … will do the same in coordination with the town,” Kanner said.

Earlier this year, the group asked selectmen to add a funding measure based on a citizens’ petition to the Annual Town Meeting warrant to help defray their legal costs. But the board denied that request because the state’s anti-aid amendment prohibits public funding for private individuals and organizations that are not working under town control.

Dr. Philip Levendusky, senior vice president for business development and communications and director of McLean’s Psychology Department, and Diane Tillotson, McLean’s attorney in the case, did not return requests for comment.