New Hampshire
Incoming Concord City Councilor Suing ZBA To Stop North Main Street Housing Project
CONCORD, NH — A mosque, whose president is about to be sworn in as a new ward Concord city councilor, is suing the city to stop 30 units of new housing from being built on North Main Street.
Jonathan Chorlian and Benjamin Kelley, the developers of the Saint Peter’s Church site, as well as other properties, last year proposed redeveloping the First Congregational Church at 177 N. Main St., the former site of the Concord Coalition to End Homelessness shelter, as an apartment complex. Their first proposal included 34 one- and two-bedroom apartments with rents expected to start at $1,400 monthly. The pair agreed to purchase the building for $770,000 and planned on spending about $5 million renovating the building.
Chorlian and Kelley also accessed a 79E tax abatement via the Concord City Council for the project to save around half a million dollars in property taxes across seven years.
Find out what’s happening in Concordwith free, real-time updates from Patch.
The developers also needed to request several variances, including approval of 34 units where only eight were allowed, buffers for parking and patios, including some within 5 feet of a lot line, access to a private yard, loading area changes, and refuse container location approvals.
During several months, including hearings, variances were initially rejected by the Zoning Board of Appeal.
Find out what’s happening in Concordwith free, real-time updates from Patch.
After the first rejection, the developers scaled the project back to 30 units, dropping the density increase request by 50 percent, and made other changes. They returned with newly requested variances, including 49 parking spaces where 60 were required and some prior variances.
This time, the plan was approved.
IQRA Islamic Society of Greater Concord, an abutter to the church, whose president is Ali Sekou, the newly elected Ward 8 Concord city councilor, was against the plan.
After approval and being denied a re-hearing, the mosque filed a suit against the ZBA in Merrimack County Superior Court in October 2023.
In a 13-page filing, the mosque’s attorneys, Brian Shaughnessy and Brett Allard of Shaughnessy Allard PLLC, said the ZBA “acted unlawfully and unreasonably when it purported to find that it could reach the merits of the applicant’s second variance application.” The second application, they said, offered a “fairly minor change” of a reduction of four or a little more than 11 percent of the project’s units. The filing noted the project was still much larger than the allowed density.
The attorneys claimed the ZBA “discouraged the public from repeating comments” from a July 2023 hearing because “the new application is only ‘a little different’ and ‘very similar in character’ to the first application,” they wrote. Both proposals, they added, included the same number of bedrooms — 44, with “the only ‘change’ to the second application was that the applicant ‘combined four pairs of one-bedroom units’ into several other units.”
Citing Fisher v. Dover, the attorneys said when the ZBA approved the second, even though there were limited changes. The decision by the state supreme court in Fisher v. Dover states, “[w]hen a material change of circumstances affecting the merits of the application has not occurred or the application is not for a use that materially differs in nature and degree from its predecessor, the board of adjustment may not lawfully reach the merits of the petition.”
The attorneys also said the ZBA acted unlawfully when granting the variances, saying the previous charge offered “limited hours” and had “peak intensity on Sunday mornings.” Even as a homeless shelter, the attorneys wrote, the “use was similarly passive.” A 30-unit, multi-family apartment building, however, would “significantly alter this and create an intensity of use foreign to this property and area.”
The attorneys also said the ZBA “mischaracterized and misinterpreted (the) petitioner’s motion for a rehearing on the basis that it was not improper for the ZBA to determine that it could reach the merits of the applicant’s second application purely based upon its review of the applicant’s written materials and without hearing additional testimony.”
The attorneys requested the court reverse the decision of a rehearing, reverse the approval decision of the second application, send the second application back to the ZBA for reconsideration, reverse the granted variances, and pay the attorney fees, which would essentially kill the project.
Sekou confirmed the lawsuit and acknowledged receipt of an email requesting comment but did not return comment before post time.
The new units were proposed during a continuing, severe housing crisis in the city, and a lack of apartment and home inventory was a campaign issue in the November municipal election cycle. The civil case was filed on Oct. 30, the week before the Nov. 7 election, meaning voters could have found out about the lawsuit involving Sekou before the election but did not. He was campaigning on a leadership platform in community development and housing at the time. Sekou defeated the nearest of two other candidates running by around 180 votes, meaning it is unknown if publication of the lawsuit before the election would have affected the race.
Patch only learned about the lawsuit last month and obtained the documents on Tuesday.
Kelley, in a statement, said he and Chorlian were “disappointed in the Islamic Society’s decision to pursue legal action against the city of Concord challenging the approvals that were granted for our proposed redevelopment,” which offered the opportunity to reuse a historic building and add much-needed housing to downtown.
“As our approved site plan shows, our redevelopment is oriented toward Washington Street, and we are grateful that it was strongly and unanimously supported by all of our Washington Street neighbors,” he added.
Kelley said the developers and the IQRA were still discussing issues surrounding the project despite the lawsuit.
“Based on recent meetings with the Islamic Society, we are cautiously optimistic that an acceptable resolution is close,” he said.
Sekou will be sworn in as a city councilor on Thursday.
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The federal government has activated the New Hampshire National Guard’s 157th Air Refueling Wing in connection with the war with Iran.
“I’ve had a briefing myself, a classified briefing, but it’s really important on the messaging on this that we really coordinate with the Pentagon,” Gov. Kelly Ayotte told reporters during a press briefing following Wednesday’s Executive Council meeting.
Ayotte said she was unable to share additional details about the nature of the New Hampshire National Guard’s activity related to the conflict, including how many guard members have been activated or what role they are playing.
“We’re going to respect what messaging comes out of the Pentagon just to make sure that our men and women in uniform are fully protected and that we aren’t providing any information that could be used in a way that would be harmful to them,” Ayotte said.
In a statement Thursday, Ayotte said the unit had been deployed in late February to the U.S. Central Command area of responsibility in support of the operation.
Earlier this week, Pentagon officials confirmed that members of the Vermont National Guard were involved in attacks against Iran over the weekend, though our news partners at Vermont Public were not able to confirm additional details on the nature of the operation.
During the briefing with local reporters, Ayotte also stressed her support for servicemembers and those close to them.
“I have such respect for our men and women in uniform,” Ayotte said. “As you know, I come from a military family, and they have our full support, and we appreciate them and their families, and obviously anyone who is serving right now, and my thoughts and prayers go out to those who have lost someone that they love.”
By PAULA TRACY, InDepthNH.org
CONCORD – While Republican Gov. Kelly Ayotte has said she opposes increasing highway toll rates across the state, the Senate voted Thursday to increase rates for out-of-state license plate holders.
It now goes to the House for consideration.
This would be a $1 increase for those who have out of state plates going through the tolls at Hooksett, Hampton and Bedford for out-of-state plates, a 75 cent hike for those taking Hampton’s Exit 2 and on the Spaulding turnpike at Rochester, and a 50 cent hike for those taking the exit off I-93 to Hooksett.
An analysis in the bill shows that this would increase toll revenue by $53.3 million in fiscal year 2027 and go up each year to generate $81.4 million a year in 2036.
Senate Bill 627 passed on a voice vote with two Republicans, Senators Regina Birdsell of Hampstead and William Gannon of Sandown opposing.
Senator Mark E. McConkey, R-Freedom, moved to take the bill off the table and offered an amendment.
He said the last time there was a systemwide increase to the turnpike toll was 19 years ago.
“I am sure we could all agree the cost of operations…has continued to escalate when revenue is not rising with it,” and he noted that with an enterprise fund, the state can only spend what it takes in.
The state has just completed a 10-year highway plan and there was a $400 million shortfall in projects that could not be paid for under the current income.
McConkey said the measure would not increase tolls for New Hampshire drivers with a state license plate.
“Why don’t we ask our neighbors,” to pay a toll increase. “We are getting the best of all worlds,” by passing the bill, he said, including “protecting our residents” and having resources for improvements to the turnpike system.
Sen. Gannon, R-Sandown, asked McConkey if there are any studies on impacts near the border on businesses.
If implemented, McConkey said the state will be the 27th lowest in per mile cost still. McConkey said the bill would also increase from seven to 14 days the amount of time for those with NH license plates to pay for a toll adding there are other states that also have different rates for out-of-state users.
The Hampton toll cost would go from $2 to $3, while Hooksett and Bedford would rise from $1 to $2 for out-of-state plates.
New Hampshire currently has the lowest rate per mile among states with tolls roads.
The governor said she does not support a toll increase.
“We are not going to put a burden on drivers for a toll increase,” Ayotte said. “Families are struggling.”
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