By Matthew McLaughlin

The battle over a sober house on 31 Wilton St. took a new turn when city officials and residents met at the Visiting Nurses Association on Lowell Street Monday. The issue was no longer about the existence of the house, but rather a lack of sprinklers regulated by zoning laws.

The Somerville Fire Department sent a letter to Michael Cartolano and Russell Colombo, co-owners of the sober house and explained that since there are 12 unrelated individuals living in the house, the owners were required to install sprinklers in the building.  If they do not complete the task within 90 days, they can face a fine of up to $1,000 per day, with each day constituting a separate violation.

Bruce T. MacDonald, attorney for Cartolano and Colombo, said the house will reduce the number of residents to 10, five to each floor, which should eliminate the need for sprinklers.  He also argued that the sober house is considered an apartment and not a lodging house.

“Were the interpretation otherwise,” MacDonald said in a written response to Kelleher, “Somerville would have to require automatic sprinklers in every two-family house that had three unrelated residents in each apartment, and in every three-family house that had two unrelated residents in each apartment.”

MacDonald also sited the Federal Fair Housing Act, saying that every city and town including Somerville is expected to provide housing for people with disabilities.  This includes individual with substance addictions. He requested under the act that the city allow them one additional person per floor. Zoning laws allow four unrelated individuals to reside together in one unit.

Alderman at Large William A. White, Jr. questioned the merit to MacDonald’s argument and said the city will hold an executive session for litigation.

“It is fair to say that it is an argument that will be looked at,” White said. “We assure the people that we will leave no stone unturned in regards to proper procedure.”

The fight over the sober house, which advertises itself as Sober Surroundings, began in February when residents complained to the city about drug deals, public drinking and hypodermic needles spilling out from the home and into the street. City officials argued that the owners did not have proper permits to have a sober house, but later claimed to be “hamstrung” by the Federal Fair Housing Act.

 
Although drug and alcohol abuse incidents were cited by concerned neighbors, Police Chief Anthony Holloway said there have been no serious incidents since he took over the department in January. The police increased patrols in the neighborhood and have not encountered any incidents. A resident of the house was arrested on Feb. 25 for several previous warrants. Two weeks later residents reported an individual involved in suspicious activity. Police investigated and approached an individual who claimed 31 Wilton St. as his residence, but it turned out to be nothing, Holloway said.

‚ÄúAs far as a police standpoint, there are no concerns from us,‚Äù  he said.

George Landers, Superintendent for Inspectional Services Division, said the concern wasn’t simply over a sober house, but rather the lack of state licenses.

‚ÄúWith a house like this, the fear is if something happens, where do we go?‚Äù Landers said.  ‚ÄúAnd when houses like this pop up, people get scared.‚Äù

Joe Lynch, who lives near the sober house, asked MacDonald why the owners do not register the sober house with the state.

‚ÄúWhy would you not want to be licensed by the state?‚Äù he asked.  ‚ÄúWhy would they not make it easy on themselves?‚Äù

Macdonald said the house is not a traditional halfway house, but rather a residence for recovering addicts to get their lives together.

“Why would anyone living in their own home want to be licensed by the state?” he replied.

White also raised concerns about rent for the sober house. The house charges a weekly rate of $135 as well as a $250 fee upon entering the house.  This can amount to over $60,000 a year.

Macdonald insisted the sober house was not taking advantage of its residents.  He said he has represented sober houses for many years and would not represent an organization involved in underhanded activities.

“I am not going to stand by and let people take advantage of recovering addicts,” he said.