New Bedford group home loses first round in fight to locate on Hawthorn Street

NEW BEDFORD - Petitioners who want to put a group home in the midst of a New Bedford neighborhood on Hawthorn Street say they have the law on their side.

Opponents counter that it's the wrong fit for the neighborhood, and local zoning regulations shouldn't be trumped by state law at the expense of city residents.

The opponents won the first round Thursday night when the Zoning Board of Appeals unanimously upheld the Building Dept.'s ruling that the proposed group home at 110 Hawthorn St. needs a special permit from the city.

Petitioners say state law allows the group home, and wanted the special permit requirement waived.

Jeff White wants to convert the four-bedroom, single-family home at the location into a seven-bedroom group home.

He wants to lease the home to non-profit Fellowship Health Resources Inc., which would operate the group home in concert with the state Dept. of Mental Health.

Proposed group home is not a 'sober house'

Seven residents would reside at the home, which would be staffed by up to five to seven people.

The proposed group home is not for people with addiction issues, but for those with mental health issues who would receive help transitioning into the community.

Kimberly Mello, regional director of Fellowship Health Resources, said the residents are referred to the program by the Dept. of Mental Health, which funds the program.

The residents will be taught various life skills through the program, from nutrition to grocery shopping, from financial budgeting to accessing transportation, she said. Some may receive help finding work, others could receive help continuing their education.

"The program's primary purpose is to provide education, training and skill building in an inviting, home-like environment," according to information provided to the ZBA.

Rhode Island-based FHR has opened 15-plus group homes in Southeastern Mass. since 1985, and has eight group homes in New Bedford, one in Fairhaven and one in Acushnet. The Acushnet home has been there since 1992.

Exemption allowed to group homes providing education

City zoning requires group homes to seek and be granted a special permit following a public hearing.

Attorney Brian Cruise, who represented the petitioner, said that an exemption is allowed by state law to group homes that are providing education, which is also supported by case law.

He said case law also deems that life skills like those to be taught at 110 Hawthorn St. qualify under the education exemption.

Former Mayor Scott Lang speaks for neighbors

Former Mayor Scott Lang lives nearby at 3 Stetson St., and said he was speaking for some of the area residents. Also an attorney, he urged the board not to allow the proposed home to avoid the special permit hearing.

He said the board shouldn't consider the home to be allowed by right, but should let the proposal be vetted in a full public hearing.

Lang also challenged whether life skills as described qualified as education.

He said he's familiar with rooming houses where people can share the cooking and find out where the local bus stop is located without being considered an educational facility.

The house is small for the use envisioned, and is on a major thoroughfare with emergency traffic to St. Luke's Hospital, he added.

Lang said the state decided in the last 30 years to get out from under state facilities for people who need care or shelter or life skills. The ability to trump local zoning has been utilized to switch that burden.

He said neighbors didn't think it was appropriate for an entity from outside the city to come in and locate such a group home in a residential area over their opposition.

ZBA members shouldn't feel powerless to render a decision in the matter, he added.

Law said to be 'unequivocal' in allowing use

Cruise countered that case law was "unequivocal" in allowing the exemption for group homes providing life-skills education.

"I urge you not to force us to go through the appeals process, and have the courts say what they have already said," Cruise said.

ZBA member and City Councilor-elect Leo Choquette Jr. said he personally felt the proposed use could have a negative effect on the neighborhood as currently comprised.

Following the board's unanimous vote to reject the appeal, Choquette said, "We'll need a special permit hearing going forward."

This article originally appeared on Standard-Times: Opponents win first round in New Bedford group home fight