No injunction for Lynne Road group home
A Plymouth County Superior Court judge Monday paved the way for the opening of a Lynne Road home for the mentally ill after ruling that no injunction would be issued to stop the facility from being used as a group home.
The Beaver Meadows Homeowners' Association, which covers cul-de-sacs Lynne Road and Bachant Way in Swifts Beach, sought civil court action against builder and 7 Lynne Road homeowner Jeff White in June, arguing that the renovations White was completing on the home violated the neighborhood's covenants.
The house's garage was converted into additional living space. Three bedrooms, a living room, and a bathroom were added on to what was previously a three-bedroom ranch.
On June 28, a judge ruled that no one was to occupy the home except for White and his immediate family until the case could be heard. The group home was slated to open on July 1.
White had been renovating the home since last spring with plans to lease it to Rhode Island-based Fellowship Health Resources, Inc. Fellowship plans to open a six-bed "therapeutic respite" program for patients with mental illnesses and disorders who are referred by the state Department of Mental Health. Patients will live at the home for anywhere from a week to 30 days.
Homeowners' association member Sean Murphy said he had received the judge's decision Monday evening and wasn't sure if the neighbors would be appealing it.
"I think we should definitely appeal it, but as [an association] we haven’t discussed it," Murphy said. "I haven’t talked to the other trustees or the neighbors about it."
Phil Beauregard, lawyer for the homeowners' association, said he was looking at the decision "in greater detail" and needed to discuss options with the homeowners.
Murphy said the neighborhood would likely decide whether to appeal by the end of this week.
It is unclear when the home will be occupied or whether an appeal would further delay occupancy. A representative from Fellowship Health Resources did not respond to a request for comment.
Neighbors have steadfastly opposed the opening of the home, saying they fear for their safety.
Jane Bracchi, who lives next door to 7 Lynne Road, said she's angry with the town for not doing more when neighbors expressed concerns about the home last spring. White's building permit was issued in early April.
The town's Director of Inspectional Services, Myles Burke, maintained that the town could not stop the operation of the home since it falls under the Dover Amendment, which exempts certain facilities licensed by the Commonwealth of Massachusetts from adhering to zoning bylaws.
But during the June 28 Board of Selectmen meeting - which was so packed by concerned residents that the location had to be moved to accommodate everyone - town attorney Jason Talerman said the town would have had more options to stop the process if action were taken within the first 30 days of the building permit being issued.
"I never would have bought my home in Wareham had I known how corrupt this town was," said Bracchi, whose fence and backyard deck is now overlooked by the addition put on the group home's garage.
"[The town] could have said, you know, 'this neighborhood is not adequate for a group home," she continued. "I'm just sick over it."