METHADONE CLINIC WINS BATTLE

FRAMINGHAM - Selectmen last night struck a deal to end the six-year battle
with Spectrum Health Systems over a downtown methadone clinic, and the
decision earned them an earful from residents.

The board voted 4-1 to settle with Spectrum, a move that essentially clears
the way for opening the proposed Howard Street clinic.

Selectman Ginger Esty cast the only vote against the deal, which calls for
both sides to drop pending lawsuits and pay their own legal fees.

With the town facing a suit that could cost upward of $1 million, most
board members said their decision was aimed at getting the best deal available.

But frustrated residents who packed last night's meeting didn't want to
hear it.

A parade of residents and business owners spoke against the settlement.
Several delivered angry tirades, accusing selectmen of ignoring their wishes.

"You people are turning this town into Lawrence," said Sandy Norton, owner
of Copier Pros, immediately next door to the clinic's proposed location.
"You have a whole new ethnic group of people who are trying to rebuild (the
downtown), and you're dumping on it again. Don't you like Framingham?"

I really feel sorry for what you people are doing to downtown Framingham. I
cry for what's happening to this town," Norton said.

Board members said settling the case was the best deal the town could get.

As outlined by Town Counsel Christopher Petrini, the settlement includes
five key points:

- -- The town will abandon appeals in state Land Court.

- -- Spectrum will drop a suit that challenged the town under the Americans
with Disabilities Act.

- -- The town will also drop its opposition to the Department of Public
Health's community siting process.

- -- Neither side will admit liability.

- -- Both sides will pay their own legal fees, estimated at about $50,000 for
the town, and as much as $250,000 for Spectrum.

Though they acknowledged residents' desire to continue battling Spectrum, a
number of factors, including the prospect of losing one of the lawsuits,
pushed board members toward settling.

"There is a very substantial financial exposure to the town with respect to
the ADA litigation," Selectman John Kahn said.

The case claims the town violated the Americans with Disabilities Act by
refusing to grant the clinic a variance on the number of parking spaces.
The company was seeking more than $1 million in rent, lost income and legal
fees.

Though he was confident the town could win the case, there are no
guarantees, Petrini said.

"There is a body of law that could support a finding against the town," he
said.

On top of that, Petrini said, discussions with the DPH suggest the agency
will issue the company a permit for the clinic, despite the town's opposition.

"It has become increasingly apparent to me in recent weeks that the DPH was
going to grant a license, despite the town's opposition," he said. "I felt,
on balance, that the best course for the board ... was to try to reach a
global settlement with Spectrum.

"The need for the clinic's services in the Framingham area should not be
overlooked, Kahn said.

"I don't think there is any doubt for the communitywide need for the
service this will provide," he said. "There are people all over this town
who need the benefits of Spectrum."

Kahn last night also challenged the belief that the clinic would become a
hub for crime and drug-use, pointing to other sites throughout MetroWest
where clinics haven't generated problems.

"It has been very clear that at none of those sites were there ever any
incidents," he said. "This facility will not be the problem in your
neighborhood so many of you fear it will be."

Residents, though, argued vehemently against the settlement, citing concern
about everything from public safety to downtown revitalization.

"I have young children, and I am concerned they will be exposed to more
(problems) than they already are," said Paula Chaves.

Ned Price questioned the wisdom of allowing the clinic to locate up the
street from the Dennison factory complex, an area now being eyed as
possible location for the town's first high-end, mixed-use zoning project.

"The existence of a methadone clinic and the existence of luxury housing
within a couple hundred yards of each other may be a contradiction," he said.

"There will never be a revitalization of the downtown. We are bringing more
crime to our town. Period," said Dan Gittelsohn. "If we're allowing
methadone to come in, why don't we allow strip clubs? What's the difference?"

Only one resident who spoke last night actually supported the settlement,
saying the population of addicts in town need some way to get the service
they need.

"I am proud of Framingham," said Roberta Leis. "I want to see it
revitalized, but I ask people to step back and see our own data. We've got
to look at our own local data."

Last night's decision may put the final period on the town's battle with
Spectrum, but at least one clinic opponent vowed to keep fighting.

Vocal clinic opponent Frank Reilly last night suggested opponents will take
their case to the state and may seek to send the battle back to court.

Opponents may soon take legal action on several fronts, he said, both to
stop the clinic from opening and to determine whether selectmen were
entitled to settle the case without the approval of Town Meeting.

"That's on the horizon," Reilly said. "Who will do it, I'm not sure, (but)
whatever legal action is possible will probably be taken."