McLean initiated this action on November 15, 2016, seeking a determination pursuant to G. L. c. 240, § 14A, that McLean's proposed use of property it owns in Lincoln (Property) is "educational within the meaning of [General Laws] c. 40A, § 3, second par. (Dover Amendment)." Such a determination would allow McLean to operate its proposed use as a matter-of-right in the residential zoning district in which the Property is located. Plaintiff describes its "3East Boys Program" as "a residential program implementing a highly structured model of learning behavior through a specialized curriculum known as Dialectical Behavior Therapy (DBT)."
By First Amended Complaint, McLean added a second count under G. L. c. 40A, § 17, seeking annulment of a decision of the Zoning Board of Appeals, whose members are Defendants (Board). The decision overturned a determination of the Building Commissioner that the 3East Boys Program is educational within the meaning of the Dover Amendment, and entitled to its benefits and protections.
The case was tried and this court today issued a decision in favor of all Defendants on both counts of the First Amended Complaint. In accordance with that decision, it hereby is
ADJUDGED and ORDERED that the 3East Boys Program is not an "educational" use entitled to the benefits and protections of the Dover Amendment, as its primary and dominant purpose is the psychotherapeutic treatment of mental illness; and it is further
ADJUDGED and ORDERED the Board's decision dated November 3, 2016, in which it overturned a contrary determination by the Building Commissioner, concluding that the "proposed use of the Property by McLean is not for educational purposes and is not entitled to the benefit of the Dover Amendment," was legally tenable, and hereby is AFFIRMED.
By the Court.
THE MCLEAN HOSPITAL CORPORATION v. TOWN OF LINCOLN, JOEL FREEDMAN, DAVID HENKEN, WILLIAM CHURCHILL, ERIC SNYDER AND DAVID SUMMER, as they are Members of the TOWN OF LINCOLN ZONING BOARD OF APPEALS, et al. [Note 1]