Dear community members,
There’s an urgent matter at hand that requires our collective attention and action. We believe there’s a need to file an Article 78 proceeding against the Village of Menands due to a concerning discrepancy between the village’s zoning codes and the services offered by a particular establishment. Here’s a breakdown of the situation and a call for volunteers to step up and support this cause.
The Heart of the Matter:
As many of you might be aware, the Menands’ zoning code defines a “Business and Professional Office” in specific terms. In essence, this definition is meant for establishments used primarily for administrative aspects of a trade or business, and most importantly, it does not allow for medical treatment facilities that provide a range of services.
However, there’s an establishment, Fusion Recovery, which plans to operate as an Opioid Treatment Program (OTP). The services offered by an OTP, as defined by the New York State Office of Addiction Services and Supports (OASAS), are significantly broader and involve medical care, counseling, and a host of other support services.
From our perspective, the operation of Fusion Recovery as an OTP in the village seems to be in direct contradiction with our local zoning codes.
Why an Article 78?:
An Article 78 proceeding is a legal mechanism used in New York to challenge the determinations of administrative agencies or public officials. In our situation, we believe there are grounds to challenge:
- The possible oversight by the Village of Menands in endorsing Fusion Recovery’s operation under the “Business and Professional Office” zoning.
- Any related decisions that might have resulted from misinterpretations or misunderstandings of the zoning code.
Call for Volunteers:
This is a significant endeavor, and we can’t do it alone. We’re seeking volunteers who can assist in various capacities:
- Legal Expertise: If you’re a legal professional or law student familiar with New York’s municipal or land use law, your expertise would be invaluable.
- Research Assistance: Gathering past precedents, related news articles, and other relevant data will strengthen our case.
- Community Outreach: Spreading the word, gathering support, and creating a unified front is crucial. If you have skills in communication or community organization, we need you.
- Documentation: Help in preparing the necessary legal documents, petitions, and other materials.
- Funding & Donations: While we’re primarily seeking volunteer support, any financial contributions to aid this cause are also welcome.
Conclusion:
The fabric of our community is woven from the threads of unity, understanding, and collective action. This is not just about a zoning discrepancy; it’s about ensuring that our village’s decisions align with established regulations and the well-being of our residents. We hope you’ll join us in this endeavor and make our collective voice heard.
If you’re interested in volunteering or want more information, please contact us. Together, we can make a difference.