Sober Living Home Tenants Count as 'Family,' Planner Says

A group of unrelated men living together in a Magnolia Avenue sober living home would count as a "family" under the definition in Hillsdale ordinance and not as tenants of a "boarding house" or "rooming house," a professional planner testified at the last Hillsdale Planning Board meeting.

The issue of what counts as a family is key in applicant Donna Lally's attempt to use the upper portion of her two-family home as a sober living home. She wants to rent the space to as many as four "professional" men age 30 or older who have completed rehab programs for addiction.

The proposal has drawn criticism from some Hillsdale residents because of the property's proximity to George G. White Middle School.

If the board finds that the men do count as a family, Lally won't require a use variance for her plan.

Professional planner Joseph Burgis, who was hired by the applicant, said that the tenants would count as a "family" under the definition in Hillsdale ordinance because they would be sharing household duties like cleaning, buying food and cooking in common areas of the home. The ordinance defines family as "one or more persons occupying the premises and living as a single housekeeping unit..."

"I've concluded that the building inspector erred in his interpretation and, in fact, should have considered the application a two-family dwelling," Burgis said.

Burgis also testified the home would also not count as a boarding house under the definition in state law — Hillsdale doesn't have its own definition for it — which classifies one as a building "which contains two or more units of dwelling space arranged or intended for single room occupancy... and wherein personal or financial services are provided to the residents."

Board members and experts questioned if the tenants could count as a family if they have separate leases and run the risk of being immediately kicked out for ingesting alcohol or drugs, as Lally previously testified. Officials also asked if the required urine tests would count as a service under the definition of "boarding house."

"I'm struggling with what makes this a family unit," board attorney Harold Ritvo said.

Burgis said it would be "functioning like an apartment" and compared it to a group of young adults sharing an apartment with separate leases or a couple who met after divorcing previous spouses and who keep their own individual finances.

The hearing is scheduled to continue after the board reorganizes as their January 8, 2014 meeting at 7:30 p.m. in the borough hall.