The July 11 meeting of the Hudson Zoning Board of Adjustment was dominated by an appeal hearing for a cease-and-desist notice at 12-14 Gambia Street. Property owner, Keystone Estates, LLC, running what was effectively a boarding house in an area zoned for single-family residences. Attorney, Andrew Tine, was at the meeting to make the appeal.
“The tenants at the property are comprised of seven individuals in recovery from substance abuse, they are living as a family, they are sharing the entire house,” Tine explained. “These are not rented rooms because the entire home is being leased to and occupied by the seven individuals as a group.”
He argued that without separated, rented rooms, it should not be declared a “rooming house” under Hudson law and as such, did not violate any local ordinance. He also argued that since the residents are allowed to “stay there as long as they want,” the situation was legally no different than family members living together in a single home, as there was no formal definition of “family” in the Zoning code.
“It’s not a program, it’s not a treatment facility, it’s not a licensed facility, there’s no doctors on-site, it’s just a group of individuals living together in a sober environment, under rules to foster their recovery,” said Tine. “In the event this Board finds this situation, this housing of these seven individuals in recovery is somehow different than that of just seven buddies living together, then we’re looking for reasonable accommodation under federal law.”
He cited the federal Fair Housing Act and Americans with Disabilities Act as defining reasonable accommodation.
Several members of the Zoning Board had questions about the situation.
“Is this recovery a house registered with the State of NH?” asked Vice-Chair, Norm Martin. “Assistant living facilities have to be licensed.”
He was informed that no such registry or licensing was required for a sober house, although he promised to pursue voluntary registration with the NH Coalition of Recovery Residences.
“The landlord or the owner of said property is not living with the tenants?” asked Board member, Tristan Dion. “It’s purely just a rental property? This was bought with the intention of operating as a rental property?”
He confirmed that all of the above was true, with tenants paying a regular rental rate, with rules dictating certain terms for all renters like abstinence from drugs and alcohol.
Chair, Gary Daddario, wondered why the setup was not considered a business, while the Vice-Chair went further, saying the property should be considered a business in a residential zone.
“I’m here to tell you you’re running a business, and according to what we’re being told from the state, houses need to be certified on the state registry,” said Martin. “It’s a use not allowed by our Zoning ordinance and you should’ve found that out by our Zoning determination, and you would’ve avoided all of this.”
Several nearby residents were also at the meeting to express their opinions regarding the sober house.
“Many families moved there because it’s safe,” Alejandro Urrutia of 9 Campbello Street argued that an unregistered sober house could pose a safety hazard to the neighborhood. “I don’t believe the nature of this business belongs in a residential area.”
Shara Katsos of 7 Campbello Street expressed support for more comprehensive recovery programs with permanent housing and an employment program, accusing the Keystone Estates of running a sober house that did “not appear to be a well-intended or organized” program.
“This was evident by one of the residents knocking on a neighbor’s door, requesting employment so that he could pay his rent to Keystone Properties,” she claimed. “The agency is not abiding by regulations of the town.”
A long line of other residents brought up a multitude of complaints, including times the police were, with one confirmation of a call for speeding.
Mitch Cabral, manager of the Gambia property, confirmed the house did not use advertising of any kind, finding residents through word of mouth only.
“I’ve been in the recovery field for a long time. People get out of treatment and need help, I offer them a safe place to live,” said Cabral.
Following extensive discussion, the ZBA unanimously voted to deny the appeal, upholding the cease-and-desist.
The ZBA is scheduled to meet again on Thursday, Aug. 22, at 7 p.m. in the Buxton room of Town Hall.
