Overview:
James Parmenter, who runs a sober house in Athol, Massachusetts, is appealing a decision by the town's zoning enforcement officer that his operation is not a single-family home, but rather a boarding house, which requires a sprinkler system and other code compliance measures. Parmenter's attorney argued that the town's definition of "family" does not include the requirement that all people in a dwelling be related, and that the town has to work within the confines of its definition of a family.
ATHOL – When James Parmenter began operating a sober house at 217 Spring St. in Athol this past January, he did so believing he was abiding by the town’s bylaws, which describe “family” as “Any number of individuals living or cooking together on the premises as a single housekeeping unit.”
Using that definition, Parmenter assumed he could establish the facility “by right.”
However, Building Inspector Bob Legare, who also serves as the town’s Zoning Enforcement Officer, ruled on June 23 that Parmenter’s operation was not simply a single-family home.
In a letter to Parmenter, Legare wrote that a sober house is not a specifically defined use under the town’s zoning bylaws.
“Where a use is not specifically defined it is treated as the most similar defined use…In this case, the use most closely resembles a boarding house,” he wrote.
Legare said he found 11 people living in the house when he went to inspect it before handing down his opinion.
Citing a March 2025 ruling by the state Supreme Judicial Court in BAK Realty, LLC v. City of Fitchburg, that allows municipalities to apply their zoning bylaws to sober houses, Legare said, “Athol enforces its definition of ‘boarding house’ consistently, regardless of whether the residents are disabled individuals in recovery or unrelated persons without disabilities.”
The Americans with Disabilities Act includes alcoholism and drug addiction under its definition of a disability.
Parmenter has appealed Legare’s decision to the Zoning Board of Appeals, which held a public hearing on the matter on Tuesday, Sept. 30. At that hearing, Parmenter’s attorney, Andrew Tine, told the board that Parmenter had opened the sober house on Spring Street prior to the SJC’s ruling.
“When he started this process,” said Tine, “it was very clear that he could do this legally.”
At that time, he noted, “an appeals court said primarily disabled individuals needed to be treated the same as a family. So, he wasn’t in any violation of the law when he started this process.”
The SJC ruling, Tine continued, “Says cities and towns can enforce their definition of family. So, cities and towns just have to treat unrelated disabled individuals the same as they treat people who aren’t disabled…The town has to work within the confines of its definition of a family.”
“When he started this process, it was very clear that he could do this legally.”
Andrew tine
Tine also pointed out Athol’s definition of “family” does not include the requirement that all people in a dwelling be related.
“It says it just has to be a single housekeeping unit,” he said.
“So we think that under the town’s definition of a family, 10 unrelated people can live at this house as long as they operate as single housekeeping unit,” he said.
If the ZBA overturns Legare’s decision, Parmenter can continue operating the home as a sober house. If Legare’s decision is upheld, however, Tine is asking that Parmenter be given “reasonable accommodation” to house up to five people, all of whom are in recovery, until such time as the building can be brought into compliance with codes governing establishment of a boarding house, including the installation of a sprinkler system. At present, there are three men living in the home.
Several neighborhood residents at the hearing opposed the sober house. Michael Lizotte said police had been called “several times for trouble with people wandering the neighborhood at one or two in the morning. I do have compassion for people in recovery, but the town should set aside an area where these kinds of facilities can be placed.”
Mike Malloy likened a sober house to a “business or motel. People aren’t raising a family or contributing to the community. They stay a short time, then they’re gone. They have no ties to the community.”
Eric St. Cyr, who is currently living in the house, said Parmenter “has been busting his back trying to do what’s right.”
Referring to the police call, he continued, “We’re trying our hardest to get our lives back together; we’re not going to let two people causing a problem put our recovery in jeopardy.”
He noted that he and the other residents are taking advantage of programs offered at the North Quabbin Recover Center in downtown Athol.
Amanda LaPointe, who said she is in recovery, said many people oppose sober houses because of the unfair stigma attached to those battling substance abuse.
“I have met the kindest, most warm-hearted people in my recovery,” she said. “A sober house saved my life. I’ve got my life back.”
Parmenter told the board he is applying for certification from the Massachusetts Association of Sober Houses. As a member of MASH, his facility would undergo annual inspections and be subject to strict rules of operation. He also said residents of the home get regular drug tests to ensure they’re maintaining their sobriety.
“If someone tests positive,” he said, “then they’re out.”
The ZBA voted to continue the hearing until its next meeting on Oct. 22 and gave Parmenter a list of documents they want him to provide, including a detailed plan for installing a sprinkler system. The board will meet at 7 p.m. in Memorial Hall at Town Hall.
Greg Vine can be reached at gvineadn@gmail.com.