The first Hudson Zoning Board of Adjustment (ZBA) met on Jan. 9 to hear from Attorney Andrew Tine and property operator Mitch Cabral on a variance for reasonable accommodation regarding a sober home located at 12-14 Gambia Street.
“The applicant would be allowed seven unrelated individuals to live together for recovery from substance abuse,” explained Zoning Administrator Chris Sullivan. “Seven individuals will share the entire house, including kitchen, bathroom facilities, etc.”
The home’s usage as a sober home has been controversial, and a cease-and-desist letter was previously issued by Hudson’s Code Enforcement Department.
“People who come from a detox facility or hospitals, come to sober homes to practice abstinence, to get peer support, attend AA meetings, attend house meetings, and it’s a place where they work toward independent living,” said Tine. “This type of home is important for individuals in recovery.”
According to Tine, the facility included regular drug testing. He stated residents paid “week-to-week,” and that there was no fixed amount of time one might stay in the sober home.
“We believe that the use qualifies as a single-family occupancy and that we do not need relief from this board,” Tine added. “Because we received a notice of violation and were denied administrative appeal, we’re pursuing this variance.”
Part of the application cited a need for “reasonable accommodation” guaranteed in the Americans with Disabilities Act and the Fair Housing Act. The ZBA previously rejected similar claims, and its members seemed skeptical that federal law applied in this case.
“You’re stating that these folks are disabled. How is that determined by this program?” asked Chair Gary Daddario. “How do you determine that these folks are disabled?”
Cabral claimed the disability was defined by the ongoing outside medical treatment most residents had as part of their recovery.
“It’s in our rules then when a resident signs up on entry that if anybody stumbles or has a relapse that they’re not allowed to stay on the premises,” he said.
Daddario wanted to see full documentation for the sober house, including a blank copy of the leases used, the intake form, and the rules of the house. The house is operated by Keystone Estates, LLC, and is not licensed, although it was unclear if a license would be required for such a facility.
“Do you have more than one of these houses in New Hampshire?” asked Board member Tim Lanphear.
“There’s two. There’s a woman’s house in Nashua,” said Cabral, adding that the Gambia home was male-only.
During public input, Jo-Ann Ellison of 20 Campbello St. sent an email speaking in favor of the facility.
“We know there have been a lot of complaints regarding tack on this safehouse for men who are trying to get their lives back on track,” wrote Ellison. “Since the men moved in, they have been nothing but cordial, polite, and they stick to themselves.”
Ellison claimed the previous owner saw more traffic compared to the current sober house.
However, most residents spoke against the variance.
“I’ve heard numbers of about $225 per week that people pay,” said Jackie Suter of 12 Campbello Street. “It’s a business, it’s not zoned as a business, it should be removed.”
Shara Katsos of Campbello Street claimed to feel unsafe in the area, mentioning at least one instance with a tennis ball filled with screws where she filed a police report.
“Professionally, I’ve dedicated my career to ending homelessness,” she said. “To end homelessness and help someone in recovery, a person needs permanent housing with case management and connection to resources.”
Katsos pointed out there was no therapeutic intervention, transportation, or employment services included with rent for the sober house. She also criticized the company for its inability to give definitive numbers regarding relapse rates.
Legal issues were another matter.
“We were sitting outside in my backyard and my dog was chewing in a tennis ball sliced open and stuffed with screws, nails, and sharp rocks,” said Alyssa Cabezas of 11 Campbello Street. “Something could’ve gone wrong for my dog or my daughter.”
“We do not allow anybody with an extensive criminal background,” Cabral responded.
He claimed to know nothing about the tennis ball incident. Several abutters outlined other times where emergency services had to be called.
A second hearing for the variance was required after ZBA members expressed a need to consult with the town’s legal counsel and for time to review all relevant documentation for 12-14 Gambia Street.
That follow-up hearing has been scheduled for a special meeting on Thursday, March 6.
