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Copperberry subdivision residents want regulations on group homes

January 3, 2007
By Rochelle Moore

The opening of a group home in one of Wilson County's newer and expensive subdivisions has led its residents to ask the county commissioners to limit the future location of group homes.

Nine residents and three developers of the Copperberry subdivision, located off N.C. 58, have petitioned the commissioners for a countywide zoning change that will prohibit family care homes from locating within one-half mile of another.

"This is a text amendment that will affect the whole county," said Joe Raczkowski, Wilson County planning director.

Local governments are unable to regulate or limit the operation of residential facilities, including family care homes and group care facilities. Municipalities and county governments can, however, limit the distance between the homes by the half-mile separation rule.

The Wilson County Board of Commissioners will have a public hearing on the issue Monday at 7:30 p.m. during its regular board meeting at the county Agriculture Center. The commissioners could approve the amendment following the hearing.

Copperberry residents, developers and any other county residents will have the opportunity to voice their opposition or support of the half-mile regulation at that meeting.

The group home operating in the Copperberry subdivision is licensed by the state as a Level 3 mental health facility with four beds.

The home, Gateway to Future Inc., is a residential treatment facility for children or adolescents who are emotionally disturbed or have a mental illness, said Jim Jones, a spokesman with the N.C. Department of Health and Human Services.

The home is licensed to have residents with a primary diagnosis of a mental illness, emotional disturbance or substance-related disorder. The residents may also have a co-occuring disorder, including a developmental disability.

Repeated attempts to reach the operator of the home, Nirmal Sharma, were unsuccessful.

Currently, there does not appear to be any activity at the home and neighbors say they don't know if the home is being used right now.

Whether or not there are any occupants there, the zoning change request will not impact the operation of the existing group home, Raczkowski said.

"There is a group home that's being run in that subdivision," Raczkowski said. "This would only prevent one group home from coming in one-half mile of that group home."

At least two Copperberry residents and one developer declined to discuss reasons for their petition to the county commissioners. Concerns of being viewed as discriminatory were cited.

The half-mile separation rule, if approved, would prohibit another group home from locating not only within the Copperberry subdivision but also within one-half mile of the existing group home.

Charles Eatmon, a property owner of an undeveloped lot in the subdivision, said he heard that a group home had located in Copperberry. He wasn't sure, however, what that meant for his neighborhood.

"I don't discriminate against people with disabilities but if they're going to be rowdy, I don't want that," said Eatmon, who now lives in Charlotte. "I don't want any hassle out there. My only concern is would they be a nuisance or a safety concern?

"I don't understand why they would put a home in a neighborhood like that."

Eatmon purchased one of the properties in the subdivision where he may build his own home.

The Copperberry subdivision, a high-dollar neighborhood about four miles from the Country Club subdivision, includes homes costing at least $300,000.

The 19-lot subdivision has been in the process of development for the past three years and includes eight houses and two under construction.

The house at 5824 Nobleman Court was purchased in 2004 by Sanjay and Nirmal Sharma, who have a mailing address in Colton, Calif., for $323,000.

State and federal laws, including the Fair Housing Act and Americans with Disabilities Act, prohibit anyone being denied access to housing, including anyone with a known disability.

"They can not discriminate based on a disability," said Jennifer Hancock, the executive director of the Mental Health Association in Wilson County.

Persons with disabilities are allowed the same ability as anyone else to live and reside in residential communities, homes and group homes.

rochellem@wilsondaily.com | 265-7818

 

 

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