[Massplanners] Community Residence/Group Home Bylaw

[George Proakis]

Hi Chris,

I believe that a group home for the disabled (including those who are recovering from addition) is protected by the federal fair housing act, and must be treated as if it is a single family home.  I don’t think it is 40A, Section 3 that protects this use, but federal law instead.  My experience has been that most municipal attorneys agree that we need to grant these sort of uses the ability to be considered single-family, regardless of other language to the contrary in local zoning. 

The most relevant case on this issue is a US Supreme Court case, here: https://oxfordhouse.org/doc/edmonds.pdf <https://oxfordhouse.org/doc/edmonds.pdf>

And - with the caveat that this is written by a group home operator, for the most part this page is a pretty good resource on what you can and cannot do with a group home:
https://oxfordhouse.org/ohrol <https://oxfordhouse.org/ohrol>

And - with that said - always good to chat with a city solicitor or town counsel to confirm. 

Thanks,
George Proakis
Somerville, MA


> On Nov 12, 2021, at 8:24 AM, Christopher Skelly via MassPlanners <massplanners at masscptc.org> wrote:
> 
> I am reviewing a community residence/group home bylaw that a planning board would like to revise.  The bylaw regulates a community residence or group home through a special permit process.  The bylaw is over 40 years old. I have included it below.  
> 
> Am I correct in believing that the Dover Amendment would exempt such uses under zoning?  I have various concerns over this bylaw and feel that it should be replaced in its entirety.  
> 
> The planning board would like to see examples from around the state that cover community residences/group homes.  
> 
> I would welcome your thoughts. Chris.
> 
> §89-1.  Definitions. 
>  
> For the purposes of this chapter, the following terms shall have the meanings indicated: 
>  
> COMMUNITY RESIDENCE or GROUP HOME -- A residential facility which is designed to house five (5) or more persons under supervision and licensed by the appropriate agency of the Commonwealth of Massachusetts. 
>  
> §89-2.  Number of residents limited. 
>  
> The number of residents, including live-in staff, in all group homes shall not exceed in total one percent (1%) of the population of the town as determined by the most recent federal census. 
>  
> §89-3.  Yard requirements. 
>  
> A community residence or group home housing five (5) persons must have frontage of at least one hundred (100) feet, setback of at least fifty (50) feet and side lines of at least fifty (50) feet. Side lines shall be increased five (5) feet for every individual beyond five (5) living in the facility. 
>  
> §89-4.  Off-street parking. 
>  
> There shall be ample off-street parking to accommodate the staff and guests of the facility. 
>  
> §89-5.  Special permit required; public hearing; required information. 
>  
> A community residence or group home shall be authorized only by special permit issued by the Board of Selectmen after a public hearing duly called and held with written notice to the abutters, at which hearing the applicant for a community residence or group home shall submit an informational statement including the following: 
>  
> A.     Increase in vehicular traffic. 
> B.      Changes in numbers of legal residents. 
> C.      Effect on municipal services and usage. 
> E.      Effect on public utilities. 
> F.      Changes in tax revenue. 
> G.     Listing of all required licenses and permits. 
> H.     Compliance with Title V, General Laws, Chapter 21A (State Environmental Code). 
>  
> 
>  <Outlook-lq24yaj3.png>
> 
> Chris Skelly, Project Specialist 
> 
> Berkshire Regional Planning Commission
> 
> 1 Fenn St., Suite 201 | Pittsfield, MA 01201 
> 
> c: 413-834-0678 
> 
> cskelly at berkshireplanning.org <mailto:cskelly at berkshireplanning.org>  
> 
> www.berkshireplanning.org <http://www.berkshireplanning.org/> 
> 
> 
> -- 
> MassPlanners mailing list
> MassPlanners at masscptc.org
> http://masscptc.org/mailman/listinfo/massplanners_masscptc.org

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://masscptc.org/pipermail/massplanners_masscptc.org/attachments/20211112/9cc0729c/attachment.htm>