Dick Anagnost, a principal of the proposed Conway Poker Room and Casino, listens at Thursday’s meeting of the Conway Planning Board, which later unanimously approved the site-plan application for the facility.
CONWAY — After showering the applicants with praise for transforming an eyesore property and addressing abutters’ concerns, the Planning Board voted unanimously last week to change the permitted use of a former grocery store on White Mountain Highway to allow a restaurant/bar with accessory charitable gaming.
The vote ended a contentious back-and-forth between the town and what will be known as the Conway Poker Room and Casino. The business is a partnership between Bedford developer Dick Anagnost, who currently owns and operates five other charitable gaming casinos in New Hampshire, and Stefan Huba.
When Anagnost and Huba initially won approval for the project, their request was handled by Deputy Town Manager Paul DegliAngeli, acting at the time as the town’s interim planner.
DegliAngeli signed off on converting the former Tiney’s supermarket in the Shur-fine Plaza at 234 White Mountain Highway into a restaurant and bar, but he rejected a 4,000-square foot charitable gaming area within that space because charitable gaming currently is not a permitted use under Conway’s zoning regulations.
Charitable gaming, however, is legal in New Hampshire, which means it cannot be prohibited in any community, though it can be regulated by the host city or town.
After getting the unfavorable decision from DegliAngeli, Anagnost and Huba appealed to the Conway Zoning Board of Adjustment, which upheld the decision and refused to grant a re-hearing. Those actions led to a lawsuit against the town, accompanied by an effort to find a resolution via a site-plan application to the Planning Board.
Eventually, Conway voters will be asked at Town Meeting to consider adding charitable gaming to Conway’s zoning regulations as a permitted use.
At Thursday’s Planning Board meeting, member Mark Hounsell cited the town’s charter, which refers to gambling as a social evil. Voters should have the right to amend the Charter, he has said, adding on Thursday that “Until that vote, gambling is not a permitted use.”
The application before the Planning Board is “an application not supported by our Town Charter,” he said, which is why he would not vote to accept the site plan application for the Conway casino as being complete.
An application being deemed complete means it can be considered at a public hearing and, after the public hearing, acted upon by a planning board.
The motion to accept the application as complete passed on a vote of 4-3. When Attorney John Cronin, who represents Anagnost and Huba, addressed the Planning Board, the first thing he did was to ask Hounsell to recuse himself.
“Oh, heavens no, heavens no,” Hounsell said. “I have no moral objection to this,” adding that in his experience, gambling “can be a hoot and fun.”
In 40 years of public service, “You won’t find a time when I haven’t been fair,” Hounsell told Cronin, adding that Cronin didn’t know him.
“You’re right, I don’t know you,” Cronin conceded, “I’m sure you’re a wonderful guy,” with Hounsell confirming, “I am.”
After the recusal issue was put to bed — with Hounsell staying on — engineer Brian Pratt gave the Planning Board a brief description of the casino, saying it would need waivers to address reconfiguration of curb cuts, green space and the number of trees.
Chair Ben Colbath complimented Pratt for increasing green space to 17%, which while not the 30% required by zoning regulations, is far better than the existing 5%.
Hounsell said that, overall, “this definitely makes it look better.”
Anagnost stressed his commitment to improving the property and making sure abutters were happy, leading to Hounsell later telling Anagnost that “You’ve done wonderful work in the state and I respect that.”