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Katherine C. Pearson, Editor, and a Member of the Law Professor Blogs Network on LexBlog.com

When Senior Living Facilities Face NIMBY Complaints…

Dedham, Massachusetts, established as a town in 1636 just to the west and south of Boston, has a long history, including an interesting early debate on governance, as suggested by one protest.  According to historian and University of Chicago Law School Professor Geoffrey R. Stone, a group of local Dedham citizens erected a “liberty pole” in protest of the evils of the Federalist government, with a placard reading:

“No Stamp Act, No Sedition Act, No Alien Bills, No Land Tax, downfall to the Tyrants of America; peace and retirement to the President; Long-Live the Vice President.”

Wishing “happy retirement” to the then-president, John Adams, was not a message of good will or appreciation.

In light of this history, a modern debate in Dedham caught my eye, involving opposition to construction of a senior living community in a residential neighborhood of that town.  As reported in a local Dedham news source:

“‘Can you imagine waking up in the morning … there’s a house next door with 72 people in it with a very large staff and a whole lot of friends visiting?’ Paul Reynolds said at a May 13 Dedham Zoning Board of Appeals meeting. ‘If it could happen in this neighborhood where we can change the rules and change the definition of what single family is, where else could that happen?’

 

Artis Senior Living officials applied a month ago for a special permit that would allow the company to build an Alzheimer’s and dementia care facility at 255 and 303 West Street—two residential properties on 7.71 acres that include conservation land. The ZBA decided to continue the hearing after several precinct one residents objected.

 

The Virginia-based company had initially proposed to build a 37,000 square foot, single story facility and about 21 feet tall. However, representatives presented a slightly different footprint last week after the board and residents raised concerns regarding the size of the property at an April 22 meeting.”

In deference to the opposition, the developers changed the design, from a one story complex to a two story building centered on the 7 acre plot, thus allowing a greater buffer zone of more than 300 feet (that’s a football field, right?) between the buildings and any of the closest neighbors. 

The protests apparently continue, however, thus demonstrating that in additon to opposing prisons and half-way houses for drug treatment, Not-In-My-Back-Yard” or NIMBY  movements can target seniors.  John Adams would appreciate the history, perhaps.