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Merrimack Council Opposes Statewide Limit on Occupancy and Parking; Backs Governor Veto
Summary
The council voted 5-0 to support a request that Gov. Ayotte veto House Bill 457, which would restrict local zoning authority by setting occupancy limits and reducing required parking minimums per bedroom.
MERRIMACK, N.H. — The Merrimack Town Council voted unanimously on Thursday to back a town-manager-led letter asking Gov. Ayotte to veto House Bill 457, legislation the panel said would pre-empt local zoning on occupancy and mandate lower parking minimums.
HB 457 would prohibit municipalities from adopting ordinances that restrict the number of occupants of a dwelling unit to fewer than two occupants per bedroom and would require municipalities to allow certain congregate housing uses in residential zoning districts. The bill also lowers typical parking requirements from 1.5 spaces per bedroom to one.
Town Manager Paul briefed the council and said the town and other municipal leaders view the measure as a statewide mandate that would limit local control, harm traffic and parking management, and create infrastructure strains. Councilors cited existing local parking issues near workforce housing and concerns that fewer parking spaces could increase on-street parking and winter-time hazards.
Councilor Nancy Harrington and other members noted that Merrimack’s specific parking and occupancy patterns — including areas with limited street parking in winter — would make the statutory change disruptive. Several councilors said they had consulted other municipal officials and the New Hampshire Municipal Association, which raised similar concerns.
The council’s action was a vote to authorize the town manager’s outreach in support of a veto; it was not an ordinance change. Council members said they wanted the town’s position on record because HB 457 had passed both chambers and was awaiting the governor’s signature.
Why it matters: The bill would constrain municipal land-use authority and could force local governments to accept denser residential uses in areas without adequate parking or services, the council said. The town said it had already experienced parking stress near workforce-housing sites and expected the measure to exacerbate such problems.
What the council did: Motion to support the veto was made and seconded; vote 5-0-0 — councilors authorized the town manager to communicate the council’s position to the governor’s office.
