Arguments in Hundred Nights zoning dispute heard in court

Mar. 6—A judge heard arguments Friday about a Keene homeless shelter's proposed move to Water Street, which three city residents are trying to block in court.

The Keene Zoning Board of Adjustment granted Hundred Nights Inc., which also runs a resource center, a variance in September to operate at 122-124 Water St. The variance was required because the shelter and resource center are not permitted uses there.

Three Keene residents who own property nearby — John Pappas, Kevin Beal and Stephen B. Bragdon — filed a lawsuit challenging the zoning board's decision. Bragdon, an attorney, is representing the group.

During Friday's hearing in Cheshire County Superior Court, Bragdon argued that the evidence did not support a variance.

Bragdon said Hundred Nights failed to prove that the new facility would not reduce property values in the surrounding area — one of five criteria for granting a variance. At the September zoning board hearing, Hundred Nights said it had reviewed city assessing records for properties abutting the current shelter on Lamson Street and found they declined in value less than properties citywide between 2011 and 2016. Bragdon argued the analysis was not relevant to the new site.

"That calculation has no bearing on the effect that this proposed use will have at the proposed location," he said. "There was no testimony except opinions by nonexperts as to whether such a use would increase or decrease the value at that location."

He also disagreed with the board's analysis of a second criterion, "unnecessary hardship" — essentially, whether a zoning restriction unduly interferes with an owner's reasonable use of a property.

Bragdon said that while it is important to address homelessness, he believes public concern over the issue led some zoning-board members to be "swayed by arguments that they should not have been."

In the record of the proceedings, he said, "you will see constant and overwhelming testimony concerning the plight of the homeless and difficulty of Hundred Nights finding a suitable location to provide its services. I think those are true. But they're not anything that should affect the deliberation of the zoning board of adjustment."

Responding to Bragdon's arguments, William C. Saturley, an attorney representing Hundred Nights, said the statistical evidence from the assessing records suggests that the presence of the shelter did not by itself reduce nearby property values. He added that redeveloping the Water Street site — formerly Tom's Auto Service — would be better than leaving vacant buildings there.

Saturley also argued that the combination of the site itself and several layers of zoning restrictions create the "unnecessary hardship" required for a variance.

At several points in his argument, Saturley said there's an urgent need for Hundred Nights' services in the community.

"The ZBA did not only something that was lawful, not only something that was reasonable, but something that was appropriate and honorable and good for the general welfare of the community," he said.

Judge David Ruoff said he expects to issue an order in the next 30 days.

To overturn a zoning board decision, a judge must find it was "unreasonable" or based on an error of law.

At September's hearing, some local residents and faith leaders urged the board to support Hundred Nights' application, stressing the work it does to support a vulnerable population. Others, including residents who live near Water Street, raised concerns that a shelter there would bring more drug use or other public safety issues. The Rev. Elsa Worth, rector of St. James Episcopal Church in Keene, which is next to Hundred Nights and has served as overflow space for the shelter, pushed back on those concerns, saying it has been a good neighbor.

Hundred Nights has been trying to move from Lamson Street to a bigger facility for several years. The zoning board denied it a variance for a location on Washington Street in 2017, and another planned move fell through in 2018 when the building was sold before the board could hear Hundred Nights' application.

Mindy Cambiar, Hundred Nights' executive director, has said the organization needs a bigger space to house its services in one place, and also help a growing number of families experiencing homelessness. The organization served five families with seven children in 2016, and 14 families with 26 children in 2019, she said at the zoning board hearing in September. The pandemic has presented further challenges, including the loss of overflow capacity at two local churches.

The new facility on Water Street would have private rooms for families, better serve people with disabilities, offer public restrooms and showers, and have outdoor grounds where clients can spend time during the day, in addition to a larger resource center, Cambiar said.

Paul Cuno-Booth can be reached at 352-1234, extension 1409, or pbooth@keenesentinel.com. Follow him on Twitter @PCunoBoothKS.