Updated: Judge delays occupancy of Lynne Road group home
The opening of a group home for the mentally ill at 7 Lynne Road has been stalled by a civil court judge until at least July 19. The court's decision came just hours before a town attorney told the Board of Selectmen that the town could face a civil rights lawsuit if it attempts to disallow the home’s operation.
The Beaver Meadows Homeowners' Association, which covers cul-de-sacs Lynne Road and Bachant Way in Swifts Beach, filed a temporary restraining order Tuesday in Plymouth County Superior Court against Acushnet-based builder Jeff White, who owns the home.
Members of the homeowners' association say White did not get permission before renovating the home. They say the addition he put on the house broke the neighborhood's covenants.
The home'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.
White has been renovating the home since purchasing it this spring. He plans to lease it to Rhode Island-based Fellowship Health Resources, Inc. Fellowship officials say they plan to open a six-bed "therapeutic respite program" for patients with mental illnesses and disorders. Patients will live at the home for anywhere from a week to 30 days.
The home was slated to open on July 1.
"We would have liked [the judge] to put an injunction on the home for a longer period of time, but... we'll take it," said Dianne Murphy, member of the homeowners' association. "It was just a blatant disregard for the covenants."
The judge ruled that no one is to occupy the home except for White and his immediate family until the case is heard on July 19.
Neighbors have steadfastly opposed the group home since learning about it several weeks ago, saying they are concerned for their safety and expressing frustration that no one notified them about the home sooner.
Residents packed the Board of Selectmen's meeting on Tuesday to hear a legal review regarding the home. The town's Director of Inspectional Services, Myles Burke, has maintained that the town could not stop the operation of the home since it falls under state licensure and is exempt from local zoning regulations.
Town Counsel associate Jason Talerman, of Blatman Bobrowski & Mead, echoed Burke's assessment and told the Selectmen that the town could face a lawsuit if it does not allow the home to open for patients.
The group home falls under the Dover Amendment, which exempts certain facilities licensed by the Commonwealth from adhering to zoning bylaws, Talerman said.
Talerman said he was contacted by the Attorney General’s office and told that it is keeping an eye on the situation.
“It gives me cause for concern. There’s a lot of eyes watching this,” he said. “I want to be careful.”
Talerman noted 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.
Talerman, town attorney Rich Bowen, and the Selectmen agreed to begin drafting policy to address these types of facilities in the future.
Talerman said after the meeting that a policy would not prevent the facilities from being operated in Wareham, but would serve as a guide to evaluate potential applicants.
“It would be a procedure," Talerman said. "Procedures make things clearer."