Exeter residents file lawsuit against RiverWoods

More than 100 residents are suing the town and RiverWoods over a proposed “massive” health care facility they say would disrupt the character of their neighborhood.

Known as the Pickpocket Abutter Group, the Exeter residents filed the lawsuit in Rockingham Superior Court on Aug. 15 after the town Zoning Board declined to hear their appeal challenging the project’s approval. It calls for a judge to force the Zoning Board to hear the appeal on its merits and prevent RiverWoods from moving forward with construction.

The project, a proposed three-story, 158,000-square-foot complex along Jolly Rand Road and Kingston Road, would replace three existing facilities, which will be converted into 75 independent living facilities. It has been opposed by the abutters group, which includes some RiverWoods residents, because of its “massive” size and alleged noncompliance with town zoning laws.

The Planning Board granted conditional approval to the project in mid-February. The Pickpocket Abutters appealed the decision to the Zoning Board, which decided May 20 it lacked jurisdiction to hear the appeal. A request for a rehearing was rejected in a 3-2 vote on July 15.

At the crux of the debate is a March 2024 letter written by Douglas Eastman, the town’s code enforcement officer, which determined that the project was “permitted as of right without further need of any use variance” from the Zoning Board.

The lawsuit, filed by attorney Brian Bouchard, alleges the Zoning Board “acted unreasonably and unlawfully” by denying their administrative appeal from the Planning Board for lack of jurisdiction.

It argues that the Planning Board’s decision created an avenue for administrative appeal; that the Zoning Board mistakenly found that the Planning Board did not make an independent decision; and that the Zoning Board incorrectly concluded that Eastman’s letter constituted an administrative decision on whether RiverWoods required a special exception for its project.

“The ZBA misconstrued the appeal from the Planning Board as a de facto appeal of Eastman’s March 2024 letter and assumed without a rational basis that Eastman’s letter constituted an administrative decision regarding the special exception issue,” the lawsuit states. “In doing so, the ZBA committed reversible error.”

Justine Vogel, RiverWoods’ president and chief executive officer, said the appeal “will temporarily delay progress on our new health care center.”

“While not unexpected, we remain confident in the approvals granted by the town of Exeter and in the strength of our plans,” she said.

“RiverWoods has always been an innovative, forward-thinking organization, with a promise to exist in perpetuity so that current and future residents can count on the very best care,” she added. “This new center reflects that commitment. It offers not only exceptional health care but also warm, welcoming spaces for connection. As a proud and longtime neighbor in Exeter, we value our partnership with the town and remain dedicated to being a positive presence in the community we call home.”

The abutters group says RiverWoods needs to obtain special permission and that if construction were allowed to proceed, it would violate a preexisting exception granted in 2011 for an administrative building that limited its size to 7,473 square feet.

The Eastman letter found zoning relief was not needed because the development would merge three facilities: The Ridge, The Woods and The Boulders, all three of which have special exceptions.

A scheduling conference on the lawsuit will be held Sept. 12, according to court documents. New Hampshire law allows aggrieved parties in Zoning Board cases to file a lawsuit within 30 days in their local superior court for relief. The town has yet to respond to the lawsuit.

The Select Board declined to comment on the litigation.

The backlash to the project has already prompted changes. In December 2024, RiverWoods attorneys told the Planning Board that the company would reduce the size of the building and number of light poles and would plant more trees along Route 111 to shield the facility from the road.