SEABROOK — The town’s Zoning Board of Adjustment officially ratified a legal settlement between the town and The Brook, allowing the casino to construct up to 264 housing units on 75 acres off Route 1.
The terms of the consent decree hammered out between the town and RMH NH, LLC, the Las Vegas-headquartered owner of The Brook, grants the variances needed to build the complex off Route 107, sending it to the Planning Board for site plan review.
It also ends the chance that The Brook would win its appeal to the state’s Housing Appeal Board, which could have approved variances for an apartment complex about 100 units larger.
ZBA Chairman Jeffrey Brown explained after the board rejected the variances for the project, The Brook appealed their decision to the state’s Housing Appeal Board. During a hearing there, Brown said it was apparent the three-member board would overturn the ZBA’s variance denials.
The town, he said, could have appealed the Housing Appeal Board ruling to the state Supreme Court, but that would lead to a lengthy and costly court battle, Brown said.
Brown said the ZBA agreed to the consent decree because members felt it was “in the best interest of the town.”
The settlement reduced the size of the 360-unit complex originally proposed to 264 units. It also mandates at least 30 percent of units be single-bedroom, reducing the number of school-age children that could move into the complex, and that “at least” 20 percent of both one- and two-bedroom units are affordable “workforce housing.”
The ZBA’s hearing Wednesday was the public acknowledgment of the deal struck “behind closed doors” in legal sessions, ZBA attorney William Warren said. Explaining the agreement before the public, he said, was the ZBA’s desire to provide the public “transparency.”
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Details of the deal struck between ZBA and The Brook
As part of the deal, The Brook has been granted the variances needed to get around the zoning for the 75-acre lot at the southwest corner of the former greyhound racing track off Route 107. The acreage spans two town zones: the rural zone (Zone 1) and the industrial zone (Zone 3), neither of which allows multi-family dwellings – or apartment buildings – on the land.
Three variances allow more than one building on the lot for a mixed market rate and workforce housing development. Another variance deals with building height, allowing a maximum building height of more than 35 feet but less than 50 feet in the applicable zones. The final variance allowed parking areas within two feet of wetlands.
The agreement stipulates that there will be no more than 230 multifamily dwelling units built, plus 17 duplex townhouses – or 34 two-bedroom dwelling units, for 264 dwellings. Of those, at least 79 of the 230 multifamily units will be one-bedroom apartments, though the remaining 151 may be either one- or two-bedroom apartments.
At least 20 percent of the multifamily units shall be “workforce housing,” as defined by RSA 674:58, IV.
One of the largest complaints of abutters currently living near the proposed development area is their concern about damage to the environment, along with the noise and unsightliness the development will bring to the rural area, which is currently forested.
In that regard, the decree prohibits clear-cutting, bulk removal, or removal of more than 50 percent of the existing trees and flora, or otherwise damaging any trees or other flora located within 30 feet of the boundaries of the lot. It also stipulates that “the intent of the applicant is to enhance the buffer with new plantings and a berm consistent with the proposals made on the proposed plan set.”
The agreement also puts restrictions on construction work to protect abutters. Work can occur between 7 a.m. and 5 p.m. Monday through Friday; 9 a.m. to 4 p.m. on Saturday; and no construction is allowed on Sundays or legal holidays.
In addition, no units may be occupied or even receive certificates of occupancy until the water and sewer superintendent certifies in writing that Seabrook’s water and sewer systems have sufficient capacity to service all occupied units.
Also, no building will occur before the Seabrook Planning Board grants its approval and sets its own conditions after a site plan review.
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Neighbors not happy deal was struck
Brown explained to the room full of abutters at Wednesday night’s hearing they will be notified when the project comes up before the Planning Board. In addition, he said, those with concerns about drainage, noise, tree cutting, buffer zones, traffic, construction hours, etc., should attend those meetings and make their feelings known. The Planning Board often gives its approval with specific conditions based on public comment, he said.
Thinking the project had been halted after the ZBA denied variances on three separate occasions, many in the audience were not happy to learn about the deal. Some thanked ZBA members for their attempt to put an end to the project, but some also accused The Brook of using the state Housing Appeals Board to “bully” the town into accepting the project so the company could make more money.
Brown explained the Housing Appeals Board is a relatively new intermediary entity that handles appeals only on housing developments. But, he added, applicants denied variances or planning board approvals always have and still do have the option of appealing to the Superior Court. Sometimes, Brown said, the courts overturned town board decisions.
Brown said cases like these can even go up to the Supreme Court on appeal of a lower court decision. All that litigation is very costly, he said, and in this case, Brown and other ZBA members felt this was in the best interest of the town to settle.
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