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07/07/2020 12:00 AMAn application for an addiction rehab center on Toll Road in North Madison was again left in limbo for another two weeks by the Planning & Zoning Commission (PZC) on July 2 following four lengthy public hearing sessions, with commission members deadlocked in an informal 4-4 tie, leading to a second delay in a formal vote.
The PZC for two meetings now have been unable to sit the usual nine members, which would prevent the tie. The hearing will be continued on July 16.
Chair Ron Clark decided both at this meeting and the previous one not to call for a vote, which would result in the application being denied, saying it was important particularly in this controversial application to ensure the PZC followed normal procedure and handed down a conclusive decision.
“I apologize to particularly the applicant, and the neighbors [that] have a vested interest in [the application] and I wish there was a way we could fairly, and maybe ultimately legally do it another way,” Clark said. “But we don’t want to expose ourselves...to be in jeopardy.”
The applicant is Dr. Michael Hinkley, who already runs a treatment and sober living facility in Madison. Hinkley wants to expand to the property at 503 Toll Road, which was formerly a pre-school. The facility would not be licensed to administer drugs or perform medical procedures, and would serve low- to moderate-need addicts in individual and group therapy sessions, according to Hinkley.
A public hearing last month saw an outpouring of opposition from neighbors, focusing on claims that clients at the facility would pose a danger to them or that the facility itself would lower property values. A handful banded together to file a legal petition against the facility, though Town Planner Dave Anderson said there is no “particular statutory role” for that group.
At the previous hearing, commission member Joe Bunovsky was absent and member Seonaid Hay was not seated due to not having participated in previous discussions on the application. Commission member Peter Roos recused himself.
This week, commission member John Mathers, who had stated he tentatively was in favor of the application, was absent.
When Bunovsky stated that he was also in favor of the application and other members maintained their positions, the PZC was likely confronted with the same deadlock.
Commissioners were split on whether or not to take a vote with only eight members. Town Attorney Ira Bloom, who also attended last month’s hearing, warned the deviation from standard procedure—calling on alternates to vote, or even just a vote with only eight sitting members—could open up the PZC to accusations of unfairness in any potential appeal of the decision.
Waiting for a full complement of nine commissioners was, “in the abstract, the most fair thing to do in my opinion,” Bloom said.
Clark said he was in favor of making a commitment to take a vote on July 16 regardless of how many members were able to be present that day, which Bloom said was fair, and mostly supported by other commission members.
Clark said he thought it was “doubly important” that the PZC members make sure they discuss the issues and their conclusions due to the likelihood of an appeal.
Because of the pandemic, an appeal could last an extensive amount of time, with most of those court cases still on hold, according to Bloom.
In order to make its position as strong as possible, the PZC would likely draft a resolution supporting its decision, whatever it ends up being.
The main technical question on the application is whether the facility qualifies as a professional office or as a medical clinic under Madison’s zoning regulations, with the former being allowed at the 503 Toll Road location, and the latter barred based on setback requirements. Questions about Hinkley’s simultaneous application for state licensure, which described the facility in different terms, were also raised at previous public hearings.
Hinkley, a former priest, has contended that these differences are merely semantics based on language required by state agencies, and the facility will be a low-intensity home for group and individual therapy sessions staffed by social workers.
A neighbor group, which hired a lawyer to oppose the application, has accused Hinkley of “material omissions” in his statements to the PZC, and some members of the public expressed hostility toward those who would be served by Hinkley and his staff.