Swansea board recommends approval of two group-home special-use permits with safety conditions

The Swansea Planning and Zoning Board on July 25 voted to recommend that the village board approve special-use permits allowing Marion County Horizon Center to increase occupancy at two group homes — 2921 Bridal Lane and 3755 Windward Way — from four to eight residents each, subject to conditions including around-the-clock on-site staffing when residents are present and a prohibition on transferring the permit to a future owner.

The recommendation came after more than an hour of public comment and questioning during a hearing conducted under Swansea zoning rules. Neighbors urged denial, citing noise, an incident in which a child was frightened, staff driving and music complaints, and concerns that the provider had not reviewed HOA covenants before acquiring one property. Supporters, including a case manager who placed current residents, urged the board to allow the homes to expand so people with intellectual and developmental disabilities can live in the community.

“I'm the executive director for Marion County Horizon Center…we totally screwed that up, and I'll be the first one to do that,” said Dave Nunberg, the applicant’s executive director, acknowledging earlier contractor permit failures and saying the provider has since corrected permit and contractor problems. Nunberg described the homes’ residents as people who want to live in regular neighborhoods and said staff use shift schedules so workers do not live at the houses. He added that staffing patterns and supervision plans are individualized to residents’ needs.

Neighbor Vince Lobanow, of the Polo Run subdivision, urged the board to deny the permit and said neighbors had submitted letters documenting history and complaints. “We are adamant that and would ask that this board deny the special use,” he said. Julie Sharp, an adjacent homeowner and HOA president, described hearing bass-level music from the property and recounted complaints about stop-sign violations and noise that prompted at least one resident to call police.

Board members asked the applicant and staff for records of police and fire calls. Planning staff reported they searched records back to January and found no police reports tied to the properties and several fire-department calls for smoke- or cooking-related alarms at one address; the applicant acknowledged a small number of staff-related driving and noise incidents and said the agency had addressed staff behavior.

Village counsel reminded the board that federal law overlays local zoning: the Fair Housing Act, the Americans with Disabilities Act and the Rehabilitation Act of 1973 constrain the village’s ability to deny housing based on disability and must be considered in any denial. The board said it weighed those legal limits alongside neighborhood concerns.

After adjourning briefly to executive session to discuss potential litigation, the board returned and voted to recommend approval for both special-use permits. The motion for 2921 Bridal Lane included three recommended conditions: 24/7 staffing while residents are present, that the special-use permit not be transferable to a subsequent owner, and that grounds for revocation be in accordance with Swansea’s special-use-permit ordinance. The board adopted identical recommendations for 3755 Windward Way; both motions passed on recorded voice votes and the board forwarded the recommendations to the village board, which will make the final decision.

The meetings’ proceedings emphasized next steps: staff will follow up on neighbors’ complaints, the village will forward the planning board’s written recommendations and conditions to the village board, and residents were encouraged to report future incidents directly to the provider or the police if they continue.

The planning board adjourned after making its recommendations; the village board will take up the special-use permits at a later public meeting.