A 32-person 'sober home' proposed at former New Bedford funeral parlor needs city OK

NEW BEDFORD — A proposed 13-bedroom, 32-person "sober home" in a former County Street funeral parlor needs city approval.

That's the Zoning Board of Appeals' unanimous ruling.

Petitioners NewLife LLC of Burlington disagree.

They say it's their right to to convert the former Wilson Funeral Chapel at 479 County St. into a "congregate living arrangement for disabled individuals."

The terminology is important, according to their attorney, Andrew Tine.

"These are often called 'sober homes' but actually the more technical name would be 'congregate living arrangement for disabled individuals,'" Tine said.

That's what they're proposing and it's protected by state and federal law, he said.

A group home is a 'different animal'

A "group home" he said during an Aug. 22 ZBA hearing, is a "different animal."

A group home requires a license from the state and has some from of treatment associated with it, he said.

By comparison, "Congregate living for disabled people is just people living together under certain house rules, practicing abstinence. There's no treatment provided by the operator of the facility. It's just clean living," he said.

Tine said his interpretation of the law has been borne out in state Appeals Court, including in two cases he represented. One was a very similar proposal in Fall River, he said.

NewLife LLC was before the board to appeal the building department's decision that a ZBA special permit to develop the sober home was required.

Application stated a 'group home' was proposed

The ZBA's decision to deny the appeal noted the terminology distinctions.

The developer had stated in its application it was proposing a "group home." That's what the building department ruled on when it denied issuing a building permit without the ZBA special permit.

Tine said that was an error, and requested the board allow the developer to withdraw the application and resubmit with the proper terms.

Not a group home. It's 'congregate living for the disabled'

"That needs to be corrected. This is not proceeding as a group home. It's proceeding as congregate living for the disabled," he said.

The ZBA denied the request.

Member Jonathan Carvalho said it wasn't appropriate to change the submittal in the middle of the public hearing on the appeal.

Barring an appeal to the courts, the ZBA's denial means the petitioners need a ZBA special permit OK, which will include a public hearing, before they can convert the former funeral home.

Proposal is for 32 residents, one house manager, two assistants

NewLife LLC bought the three-story, 8,730-square-foot building, which was built in 1843, for $515,000 on March 29, according to assessor records.

Tine said the proposal was for 32 residents, with one house manager and two assistants.

More: Historic former funeral home could become an addiction recovery group house: What to know

The former funeral home was one of the city's oldest, and had been located at the County Street site for decades.

This article originally appeared on Standard-Times: A 32-person 'sober home' proposed at former New Bedford funeral parlor needs city OK