At their March 20 meeting, the Zoning Board of Adjustment aimed to wrap up their hearing for a controversial variance allowing a sober house at 12-14 Gambia St. Public comments on the Gambia property wrapped up at the last ZBA meeting, although its members wanted legal advice before making a final decision.
“I think the logical place to begin is the notion that part of the request is for a reasonable accommodation due to the disability that’s been alleged by the applicant for the occupants of the house,” said Chair Gary Daddario. “The applicant did confirm this is not a discrimination case; they are not alleging that anyone committed discrimination at this time. What they did confirm is that they’re looking for reasonable accommodation under the disability law.”
Previously, the applicants cited the Americans with Disabilities Act as an argument in favor of allowing the sober house to remain. The applicant also argued that having seven individuals renting space in the home was necessary for financial viability, although they did not provide financial information to the Zoning Board.
Alternate Zachary McDonough questioned whether reasonable accommodation should apply in this case.
“Based on the testimony that we heard from the applicant, as well as other things from the crowd, there’s limited to no criteria that we can reasonably ascertain as to whether the individuals in the house are disabled. There’s no staff onsite that appears to be qualified to make that judgment,” he said. “It’s hard to confirm that all of the residents of this house are, in fact, disabled.”
Other members agreed with the sentiment, noting there seemed to be little treatment structure at the sober house.
“There doesn’t seem to be much in the form of procedures,” added Board member Dean Sakati. “Even when it was discussed, it seemed like it was a very casual application.”
Daddario stated that the applicant had been “very clear that no services are being provided” as part of the weekly rental agreement residents signed, and that there was no process to ensure the residents stayed sober beyond self-reporting. Abutter’s comments implied the house had a high turnover rate.
“That same quick turnover exposes the house to many more than seven individuals, maybe not simultaneously, but in direct succession,” said Daddario. “Here is a prohibited use that was started without approvals, and it hasn’t ended despite the issuance of a cease-and-desist notice and so, as a result, we have this track record now. Instead of speaking hypothetically about what we think the harms might be to the neighborhood, we’ve heard from the residents.”
Between that and the weekly leases, several Board members argued the arrangement was closer to a business than a residence. Gambia Street is located in a residential zone.
“It is contrary to the public interest; it does conflict with the explicit and implicit purpose of the ordinance; it does alter the essential character of the neighborhood; it does threaten health, safety, and welfare,” argued Vice-Chair Norm Martin, as he went through the standard checklist for when a waiver is and is not granted by the ZBA. “There’s been no evidence from the applicant that this proposed use will not reduce the values of surrounding properties, and in my opinion it will diminish the values of surrounding properties.”
Tristan Dion agreed, saying the sober house did not fit into the neighborhood, and that it had no real justification for being in that part of town under Hudson’s current regulations, even before taking safety concerns into account.
Finding no arguments in favor of the waiver, the Zoning Board unanimously rejected the accommodation argument, denying the variance application.
Despite the decision and an earlier cease-and-desist order, the Gambia sober house was unlikely to immediately close due to an ongoing appeal in the superior court. It was unclear when residents might expect a final decision.
