Tenants of Court St. boarding house could lose their homes over zoning decision

By MICHAEL KITCH, LACONIA DAILY SUN

LACONIA — The future of a handful of people living at 140 Court St., including a single mother and child, was cast in doubt this week when the Zoning Board of Adjustment denied the property owner's request to use the building as a boarding house.

Board member Gail Ober, who cast the lone dissenting vote, said afterward that she believes rooming houses serve a useful purpose and, above all, she was concerned for those renting rooms in the building.

Michael Pelky, doing business as Pelletier Realty Rentals LLC of Canterbury, purchased the property, a 3,420-square-foot two-story building with 16 rooms on a 0.23-acre lot, in January 2016 for $90,000. According to the tax records, the building was constructed in 1875 and contains three dwelling units. The property is within the commercial district where a special exception is required in order to operate a rooming house.

The owner has proposed dividing the unit at the rear of the building into six rooms, each 12 feet by 12 feet, served by a common bathroom and kitchen, to serve as a rooming house. Two three-bedroom apartments, one on the ground floor and the other on the upper story, would remain in the section of the building that fronts on Court Street.

Pelky told the board that he, his son and grandson live in the ground floor apartment while, since June, three tenants, all unrelated to one another, have rented the three bedrooms in the upstairs unit. In other words, a portion of the building is already operating as a boarding or rooming house. Two of the three tenants said that they had come from the Carey House, the shelter operated on Union Avenue operated by the Salvation Army.

"I feel pretty safe and secure there," said David, one of the tenants, who did not give his last name, while Jason, another tenant who said he suffered from mental illness, added that "these people helped me out and I hope to stay with them for a little while." A woman, who described herself as Jason's fiancee, said "What Mike and his son are doing is a great thing and Jason has gotten back on his feet." The mother said that she and her child feel safe in their room, stressing that "There are no drugs or alcohol in the building and the Pelkys "have been nothing but helpful."

However, Steve Bogert, chairman of the ZBA, expressed concern about the number of times the police have been dispatched to the property and noted that officers are frequently called to other rooming houses in the city.

"I have got concern for all the people around these boarding houses," he said.

Bogert was echoed by Paul Poirier, who owns an apartment house next door, who reminded the board that the special exception would run with the property, entitling future owners to put it to the same use. Karen Poirier said with boarding houses there is a constant turnover of people and vehicles.

"I can't imagine the turnaround with with one-room rentals," she said. "It's transient living."

Robert Fisher, whose home on Bowman Street backs onto the property, said that recently there have been fewer problems, but converting the property to a rooming house would not ensure there will not be problems in the future.

Pelky said that police have not been called to the property since October, and he removed the tenants who caused the problems.

"We live there," he stressed, explaining that there are security cameras on the premises and the property is always supervised and secured. "I'm just trying to do the right thing," he said. "That's all I'm trying to do."

"I have no reason that would justify approving this," said Boger. "We can't grant special exceptions because someone creates situations that shouldn't have happened."

Wendy Patterson, the zoning technician, said Tuesday that Pelky will have to "cease and desist" operating the property as a boarding house, but added that rather than immediately issue an order the Planning Department will "monitor the situation."