Methadone clinic suit to be dropped Firm gets permit to build in Rockland

ROCKLAND – After a long struggle, Turning Tide Inc. has finally won a building permit to convert the former Tuttle Shoe Barn on U.S. Route 1 into a methadone clinic.

As part of a settlement agreement with the city, Turning Tide filed paperwork earlier this week in U.S. District Court in Portland seeking to dismiss its lawsuit against the city.

Business owners Angel Fuller McMahan of Owls Head and Marty O’Brien of Bath are expected to provide treatment for some 160 clients with opiate addictions when the clinic opens.

Turning Tide first voiced its plans in November 2004 to open a methadone clinic at 77 Park St. That sparked strong opposition from residents and a few public protests.

A couple of months later, city councilors blocked that effort by adopting zoning changes that restricted “sole source” pharmacies, including methadone clinics, to Route 90 – a relatively remote section of the city.

While Route 90 businesses were objecting to the move, Turning Tide was, too.

In a compromise, Turning Tide came up with a new location – the shoe barn at the corner of Route 1 and Glenwood Avenue.

Again, city councilors rejected a zone change to make that proposal happen.

A federal lawsuit was filed in March alleging the city violated state and federal laws, particularly the Americans With Disabilities Act.

From there, more than a year of negotiations led to the Monday filing for a dismissal.

Fuller McMahan could not be reached Thursday for comment or to find out if state and federal licensing has been secured.

“I’m pleased that the case is behind us,” Mayor Brian Harden said Thursday. “It was a very serious case with a lot of charges in it, and the city maintained its position throughout.

“We’ve come to a conclusion that both allows the treatment that people need and we’ve put protections in place for the people who live around [the clinic],” he said.

In exchange for dismissing the lawsuit, Turning Tide agreed to a zoning contract with a host of conditions, including hours of operation, landscape screening, security, access and exit from the clinic, and other terms. If the methadone clinic ceases to exist or does not obtain licensing, the zoning reverts to its original status.

At an April planning commission meeting, O’Brien said the clinic may open in July.

The clinic would be situated in the rear of the building in a 2,572-square-foot space. The front section, measuring 1,964 square feet, may eventually be leased for another use, such as retail. A separate building behind the barn will be used for administrative offices for the clinic.

Turning Tide estimated building renovation costs at $160,000 on the building permit application.