EXETER – An attempt to stop RiverWoods’ plan to build a “massive” three-story health center at Kingston and Jolly Rand Road has been rebuffed by Exeter City Council.
The city’s Zoning Board of Adjustment on Tuesday voted 3-1 to decline to hear an appeal of a city official’s administrative decision earlier this year that gave RiverWoods the green light to build the 14,000-square-foot building in the sparsely populated single-family home neighborhood.
“We do not have jurisdiction to hear this appeal because it was filed after the 30-day deadline under our regulations,” said ZBA clerk Kevin Baum.
The appeal was filed by Pickpocket Road residents Robert and Karen Prior, whose property abuts the proposed health center, and RiverWoods resident Ken Brown. They challenged the decision of city building inspector and zoning officer Doug Eastman to allow RiverWoods to build its 126-room health center without going through the city’s zoning process.
In his March 5 letter to Sharon Somers, RiverWoods’ attorney, Eastman explained that due to a recent land consolidation, construction of the proposed health center “is now legally permitted without the need for further use approval” from the city’s planning department.
Previously, the ZBA had rejected RiverWoods’ application for the health center at its meeting on January 23, 2023. One of the reasons was that the properties owned by RiverWoods in the area were not adjacent to each other.
City ordinance requires RiverWoods, which is considered a “community hospital for seniors,” to provide an “on-site” health center. The project to replace the three existing health centers at The Woods, The Ridge and The Boulder campuses with one centralized one was not feasible if the sites were not connected.
In his letter, Eastman explained that RiverWoods’ recent acquisition of 67 and 78 Kingston Road allowed it to bypass zoning proceedings because all of its sites in the area are now adjacent to one another.
“Nothing was done wrong,” Eastman said in an interview Wednesday. “I wrote the decision … before I make any decisions as a law enforcement officer about anything … we always discuss this matter with our city council, which we did. The city council sent us a memo saying everything was OK and we could sign the document.”
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Why neighbors of the planned health center appealed
The Priors said they were “upset” by Eastman’s decision, which warranted an appeal. They also said they were not notified of Eastman’s March 5 decision in time to file an appeal within the 30-day period required by city ordinance.
After their appeal was rejected, Bob Prior expressed his frustration.
“About 50 individual homes adjacent to RiverWoods are severely impacted by the construction, not to mention the residents of RiverWoods … who have said they don’t want this thing to go ahead,” Bob Prior said.
“Most residents are very opposed to it,” added Brown, who lives in RiverWoods.
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Why the building inspectorate decided not to hear the appeal
ZBA members said that considering the appeal after the 30-day deadline would set a bad precedent. The only member who opposed rejecting the appeal was Laura Davies.
“I cannot understand how a decision of this magnitude, which has gone through months of public process, could be dismissed with the stroke of a pen without the public being informed,” said Davies. “The residents were not informed. How could they have appealed without being notified?”
Before the committee’s decision, Davies was asked by Somers to abstain from the vote because she had spoken out against the project during the planning committee meeting on June 27. Davies, who was “astonished” by the size of the building and found it out of place in the neighborhood, refused to step down, claiming she could be fair and had no direct interest.
Eastman said Wednesday that residents had not been informed of the administrative decision because it was not required, adding that everything had been done “according to the rules.”
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RiverWoods still needs approval from the planning committee
In order for RiverWoods to move forward with the project, it must still receive approval from the Planning Board. The senior residence has not yet submitted a formal application to the board.
However, in June, RiverWoods met with the Planning Committee for a preliminary conceptual consultation on the proposed three-story building.
The new plan can be implemented without easing zoning.
In May, the planning board denied RiverWoods’ request for two exceptions, one that would have allowed the project to exceed the 35-foot height limit for a gable roof and the other that would have allowed 11 of 116 parking spaces within the building’s 100-foot-wide greenbelt.
The board rejected both applications on the grounds that the “massive structure” would change the essential character of the residential area and felt that a smaller-scale project would be a better fit for the area.
RiverWoods’ new plan calls for 113 parking spaces – 49 in the front of the building, 64 below ground and none within the 100-foot buffer. It also includes a flat roof with a dormer to keep the height within the 35-foot limit.
Justine Vogel, CEO of RiverWoods, acknowledged that every project brings its challenges.
In a statement Tuesday, she said the new health center “will provide residents with the highest quality care and support in a beautiful setting that provides a sense of community and peace of mind to those who live, visit and work there.”
