Upper Prov weighs new group home for the disabled
UPPER PROVIDENCE » Council held the first of what may be several sessions of a Conditional Use Hearing for a group home. Clark’s Manor LLC, 2978 N. Providence Road, is proposing a residential facility for up to eight individuals with various disabilities. The use is permitted but requires application to council to establish it meets standards under code.
Prior to the hearing, held in a virtual format, the project had been presented before the planning commission. Once it became more widely known, nearby neighbors attended council’s February meeting with comments and questions. In consideration of COVID, May 28 was the first opportunity to open the hearing due to availability and logistics of those involved.
Although Zoom is being increasing familiar and comfortable for those holding and attending meetings, a degree of “working through the technology” was necessary, noted council President Beth Glassman. The panel participants (individuals shown on screen) included all five members of council; Manager Greg Lebold; township Solicitor Carl Ewald; court stenographer Laurie DiFabio (who was creating the necessary record); the applicant’s attorney,Dennis McAndrews and co-counsel
Nick Caniglia; and attorney Abby Sacunas representing a group of about two dozen residents. Applicant Charles Widger was later added as he testified.
The first 45 minutes addressed largely procedural issues.
“The council sits as a quasi-judicial body,” began Glassman in explaining the parameters of a Conditional Use Hearing. “Our job is to determine if the application complies with the requirements stated in our codes for this use, which is permitted under zoning.”
Anticipating a substantial number of remarks from those “attending” virtually, Glassman said they would have the opportunity in public comment after the case was fully presented. On a similar theme, Ewald continued with the explanation of participation as either an interested resident or “party to” the case. The latter would require the individual had a “pecuniary [financial] interest more than the general public.
“A party to the case has the ability to cross examine and question witnesses under oath and vice versa,” said Ewald. He added Sacunas would be representing her clients who therefore “don’t need to speak.”
Even with that advisory, several residents who had logged or dialed into the meeting spoke up, with desire to become a party to the case. Ewald, McAndrews and Sacunas discussed the requests and excluded a few residents who were not deemed to meet an eligibility standard. In the final explanatory period, Ewald reiterated zoning permitted a group home shared by no more than eight unrelated individuals, and also said the application must consider regulations of the Fair Housing Act 1968. The burden is on the applicant to prove it satisfies the standards set forth in the township code.
“This is a home for individuals with disabilities. It fits precisely and exactly with township codes. The individuals must be treated by anyone else and any other family, consistent with township, state and federal law,” said McAndrews in his opening statement. He then set out what would follow in greater detail with witnesses, starting with Widger.
The property was purchased in January 2020 by Widger, founder of Brinker Capital, to create a home based on the model of Wild Acre, a facility in Belmont, Massachusetts where his son, Clark, lives. Wild Acre was described as a “milieu” program, loosely translated as a social environment. The organization’s website states, “The core values of Wild Acre and Mental Health Solutions are integrity, commitment to quality, and dedication to collaborative care. Wild Acre strives to prepare individuals with the skills needed to attain their highest level of independence.” The specific motivation for developing a similar facility and program, Widger said, was “the desire for Clark to return home.”
Regarding the property itself, the large stone manor will include private bedrooms for the potential of eight residents; a number of reception rooms and ample grounds which will have enhanced landscaping and added fencing. All township requirements will be met or exceeded. The applicant plans repositioning the driveway to enhance safer egress, a concern of residents who cited numerous accidents on Providence Road.
The program operation is to be conducted by Elwyn including staffing which will be around the clock but not residing. Residents are expected to have outside activities and appointments to meet their personal needs. Transportation is by a community van or hired services. Residency will be on a private payment basis, with no outside funding. Widger said screening of individuals is extensive and thorough, as per the Wild Acre model.
The facility is being funded and managed by Clark’s Manor LLC through the Widger family’s foundation which includes Charles, his wife Barbara, and their daughter Ashley. “We have ample resources to support this project beyond my lifetime,” Widger said.
Council members had only a few questions, reiterating concerns about safety and traffic.
In the final half-hour Sacunas began her questioning on the matter of a contract with Elwyn. McAndrews said there was a “memorandum of understanding” for the property’s lease and the program management. Sacunas followed with a question about insurance and McAndrews quoted such coverage “in excess of $10 million by Elwyn, an organization which has been operating human services since 1852. Asked if Clark’s Manor had state licensing to operate, McAndrews said municipal approval was a pre-requisite to that step.
Sacunus pursued the matter of traffic and accident reports with data provided by township police. The issue of existing conditions and improvement is expected to be covered in the testimony of the applicant’s traffic engineer in a subsequent session.
Sacunas’s questions on criminal and child abuse record checks brought an objection by McAndrews who said those queries were improper. He indicated staff would be thoroughly vetted, and residents subject to similarly rigorous screened.
With some implication that residents might have behavioral issues that threatened the community, Widger stressed there had been no history of violence in the 40-year history of Wild Acre.
After 90 minutes of witness questioning, and a full two and a half hours of the hearing, Glassman called for adjournment. Wanting to “proceed as quickly as possible,” the parties agreed to resume June 11, a regular night for council’s legislative meeting with the small amount of township business to be handled. The session will also be on the Zoom platform.
See the township website for information about how to access the meeting.