ZBA Upholds ZEO Decision on Gilead Home

Town Attorney Says Town Has No Legal Authority to Stop Home from Opening

By Corey Sipe, published May 11, 2007
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OLD SAYBROOK - The Zoning Board of Appeals unanimously voted at its April 25 meeting to uphold the decision of Zoning Enforcement Officer Chris Costa in issuing a zoning certificate for a proposed boys group home.

The home, owned by Rainbow Housing Corporation which is a subsidiary of Middletown-based Gilead Community Services, will house five boys between the ages of 14 and 21.

It is expected to open in June and will have between two to three staff members on the premises at all times.

Some neighbors and town leaders have voiced opposition to the home's location which is in close proximity to deep water and two major limited expressways.
Appeals were filed by Joseph M. and Mary K. Brigant, Marilyn and John Caldwell, Danya P. and Mitchell T. Winch, Bruce D. and Ruth L. Brados, and Edward and Barbara Pilcher.

According to April 25 commission minutes, the board ruled that the board's authority is limited to whether Costa correctly issued a certificate for a home office.
The ruling came after Secretary Adam Stillman said, according to minutes, that he "felt terrible but the applicant is applying as a single family dwelling."

Vice Chair Dorothy Alexander wanted to create a condition that would limit group home placement to areas that are not near canals while Stillman wanted to create a condition to prohibit outside counseling on the property and limit it to residents who live there.

However, neither condition was voted on or approved during the meeting.

The board agreed with Costa in that converting an interior garage into a home office is an acceptable use in a residential zone according to Section 24.1.9 of the Old Saybrook Zoning Regulations.

Town Attorney Michael Cronin said permits to allow a home office in a residential dwelling are issued regularly by Costa.

The commission ruled that the anticipated use of the property is allowed under Chapter 124 Section 8-3(e) of the Connecticut General Statues which states that a town cannot treat a group home in a different manner than a single-family dwelling.

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