Newlife NH Inc. is appealing Nashua’s zoning board decision rejecting its request for approval of a sober house at 16 Archery Lane in Nashua.
Newlife NH, based in Burlington, Mass., initially received a building permit but the city’s Zoning Board of Adjustment (ZBA) revoked it after residents spoke out against the sober house being located in their residential neighborhood.
Initially, Newlife sought a building permit to renovate the property to provide housing for 16 unrelated, disabled residents, aka a sober house or recovery house, according to its lawsuit filed in Hillsborough County Superior Court North. Nashua’s building department, however, determined it needed zoning approval for the renovations.
As a result, Newlife changed its proposal to one person for every 300 square feet of living space which is allowed under the city’s zoning regulations and without the need for a permit from the zoning board.
Based on Newlife’s plans to use the property, after renovations, for a group of unrelated individuals (limiting the occupancy to one person per 300 square feet) the city issued a building permit on March 15, 2024.
On April 9, 2024, a neighbor appealed that decision. On May 14, 2024, the ZBA held a public meeting, ruling in favor of the neighbors and resulting in the revocation of the building permit.
Newlife requested another hearing and was denied. The appeal and lawsuit followed.
In it, Newlife says statements made by neighbors demonstrated dislike and unfounded fear and prejudice against the potential use of the property for a sober house. The ZBA, it contends, supported the discriminatory concerns of neighbors in revoking the building permit.
Newlife is suing Nashua, and seeking damages, under the Fair Housing Act as well as the Americans With Disabilities Act. It says the Planning Department recognized at the ZBA hearing on May 14, 2024 that the building permit was legally issued, as a group of unrelated individuals may live at the property, whether disabled or not, if limited to 1 person per 300 square feet.
Newlife contends the ZBA is applying its zoning code in a discriminatory manner.
Newlife, in its lawsuit, said one or more ZBA members, at the May 14, 2024 hearing, said the property was not a good location for a sober house.
Newlife intends to use the property for individuals in recovery from substance abuse who qualify as disabled under the federal ADA and Fair Housing Act.
NewLife, according to court filings and Attorney Andrew Fine’s testimony at a scheduling conference in Hillsborough County Superior Court North on Monday, is incurring losses in having an empty property, without any rental income, as a result of the ZBA’s discriminatory decision.
Newlife is seeking damages in the lawsuit.
The ZBA, Newlife contends, succumbed to the pressure from those opposed to the sober house when it revoked its building permit.
Nashua has until Aug. 23, 2024, to file its response.
A hearing is set for Oct. 1 at 10 a.m. at the Manchester courthouse.
This article is being co-produced by Nashua Ink Link, Nashua Digital and Granite State News Collaborative and shared with partners in The Granite State News Collaborative. For more information, visit collaborativenh.org.
