Dear Members of the Menands Village Board,
I am writing to share my concerns and seek clarification regarding the proposed establishment of Fusion Recovery in our community.
Mr. Mitch Bauman, the CEO of Fusion Recovery, mentioned in correspondence with the Times Union that Fusion was advised their clinic conformed with the Menands’ zoning code. Given the definitions and regulations outlined in our zoning code, I am writing to ensure we address this potential misunderstanding before any OTP certification is granted.
The Menands’ zoning code defines a ‘Business and Professional Office‘ as follows:
“An establishment used for the organization or administrative aspects of a trade or used in the conduct of a profession or business, and not involving the manufacture, storage, display, or direct retail sale of goods. Offices used by physicians or other similar medical personnel for the treatment and examination of patients shall be conducted solely on an outpatient basis with no overnight patients kept on the premises. For the purposes of this chapter, an urgent care facility shall not be considered a business and professional office.”
Meanwhile, the New York State Office of Addiction Services and Supports (OASAS) provides a significantly different definition for an Opioid Treatment Program (OTP):
“Opioid Treatment Programs (OTPs) are OASAS-and-federally-certified sites where medication to treat opioid use disorder is administered. In addition to medications, these programs also offer numerous services and supports, including but not limited to counseling, educational services, medical screening and care, mental health care, and referrals to social services.”
Given these definitions, it is evident that a ‘Business and Professional Office’, as defined in our zoning code, differs fundamentally from an OTP as defined by OASAS. With Fusion Recovery operating as an OTP, they are anticipated to offer a multitude of services that do not comply with the zoning code’s definition of a ‘Business and Professional Office’.
This discrepancy in interpretation may result from a misunderstanding or oversight of the extensive services an OTP provides. Hence, it is vital that the board communicate unequivocally to both Fusion Recovery and OASAS that an OTP does not meet the compliance requirements for a ‘Business and Professional Office’ as per our zoning.
I respectfully request that the board take a firm stance on Fusion Recovery’s plans and publicly affirm that an OTP does not adhere to the zoning regulations for professional offices. As a concerned citizen, I am trusting in your proactive measures to ensure that our community’s zoning regulations are strictly upheld, and that the voices and concerns of our residents are fully considered.
Thank you for your time, consideration, and the service you provide to our community.