An epic saga ended Wednesday with the Morristown zoning board voting 5-2 to allow a group home to use a cottage as a caretaker’s apartment, in the Historic District zoned for single-family homes.
It was the eighth virtual meeting since November 2021 on an application that sparked intense opposition from neighbors, including a former zoning board member who testified as an expert witness.
The board even tried to boot the case last summer, when the pro-bono attorney for Cohome Inc. missed a deadline.
But the Miller Road home for developmentally disabled adults finally got its use variance, after agreeing to an unusual condition: The outbuilding must revert to a garage or storage facility if the property is sold to anyone who is not a group home operator.
“After more than 20 hours, we have brought this appeal to a conclusion of sorts, and I appreciate everybody’s thoughts, thinking time, effort. It’s been quite interesting,” said board member Scott Wild, who ran the 90-minute meeting.
Cohome founder Nate Diskint, who intends to reside in the cottage, was elated to cross the finish line.
“We’re very happy. The board saw this for what it is–a request to enhance an amazing program supporting the most vulnerable amongst us. I’m especially grateful to Frank Vitolo, Michael Tobia and Jeff Rawding,” he said, citing his lawyer, planner and architect. “They’re champions.”
All three donated their services to the nonprofit.
TEARING OUT TOILETS?
Five affirmative votes were required, and Wild’s was decisive. Last month he had misgivings, siding with members who rejected arguments that the cottage was an accessory to the main house and was “inherently beneficial.”
On Wednesday, Wild still expressed doubts. The application harms the town zoning master plan, he said, while also acknowledging residents’ desire to preserve the character of the Historic District.
Yet he supported the application. “I don’t think that permitting the second residence harms the neighborhood,” he said.
Anthony Murphy, Barbara McNally, Tom Ferrara and Rachel Blacker voted with Wild. Chairman Steve Pylypchuk recused himself to avoid a potential conflict.
Board Vice Chairman James Bednarz and member Noelle Nish opposed Cohome’s request. Bednarz remained troubled that Cohome is not a state-licensed facility, and he was dubious that a caretaker needs to live on the premises.
The cottage replaced a garage; some neighbors have accused Diskint of seeking forgiveness instead of permission for erecting it. Bednarz and Nish questioned who will enforce its return to a garage, with removal of the bathroom and kitchen, if the property is sold.
That would fall to town officials, who might impose fines for noncompliance, said Board Attorney Michael Brown.
“There is no zoning police, no third-party entity to enforce these things, other than the town,” Brown told the board. Presumably, neighbors would alert town hall if a new owner continued using the cottage as an apartment, he said.
Town Planner Phil Abramson suggested mandating Cohome share with town officials its annual reports to the state Division of Developmental Disabilities, as proof that the Miller Road operation is ongoing.
Such conditions would place unreasonable burdens on the town and Cohome, countered Bednarz.
“I think that we’re struggling so hard to get reasonable conditions here that that’s a sign to me that this should not be approved,” he said, describing the cottage as an “illegal building.”
Nish said she would have liked to vote in support of Cohome’s good works, “but I can’t get there in terms of enforcement” of stipulations.
Ferrara indicated he believes enforcement is possible. “There has to be some sort of faith in the system, that this could work out okay if there were a change of ownership,” he said.
Blacker, McNally and Murphy concurred. “I think it’s totally reasonable,” Murphy said of the provision.
I have a question about the staff members. Does Cohome have staff on its payroll other than Nate Diskint?
Hi Roberta. Jeff Stiles resigned from the board, and eventually testified as an expert witness. Cohome’s founder, Nate Diskint, testified that his staff members submit to background checks and are subject to state approvals. State-licensed third parties provide services, he testified.
who was the board member who resigned and testified as an expert witness? no supervision of residents,? how can it open without a license,?
@Rosary … the funny thing is… those associated with making decisions for our downtown… really don’t know much either. That’s why it took 8 meetings.
It took 8 meetings to come to this conclusion:
“The outbuilding must revert to a garage or storage facility if the property is sold to anyone who is not a group home operator.”
It seemed obvious from the start, and I know little or nothing about zoning.