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Senate hearing previews bill to expand residential uses in commercial zones
Summary
Senator Keith Murphy presented SB 90 to require that where commercial or high-density residential uses are allowed, municipalities must allow residential development (with an amendment narrowing scope); home builders and housing advocates supported the bill; municipal groups raised concerns about density, infrastructure, and local control.
Senator Keith Murphy opened the public hearing on Senate Bill 90 on March 11, describing the bill as an effort to encourage adaptive reuse and mixed use development by requiring municipalities that permit commercial or high‑density residential uses to also allow residential development in those areas. Murphy said the goal is to increase housing near jobs and to reuse existing commercial space such as malls and office parks for housing.
Murphy explained an amendment (0610s) negotiated with the New Hampshire Home Builders Association that would narrow the bill so it applies to traditional commercial uses — retail, offices, medical offices and tech parks — and would not compel residential development in industrial or heavy manufacturing zones. He said the change responded to home builder concerns about putting housing next to manufacturing operations.
Supporters: Matt Mayberry, CEO of the New Hampshire Home Builders Association, testified in strong support and said builders worked with the sponsor to narrow the scope. Mayberry said the bill promotes ‘‘out of the box’’ reuse of underutilized commercial properties and could help with the state’s housing shortage. Tom DeRosa of Housing Action NH and Alex Kucherubas of the Associated General Contractors also offered support, saying the amendment addressed their concerns and that the bill is another tool to increase housing supply in areas with existing infrastructure.
Opposition and concerns: Municipal representatives voiced technical and practical objections. Bertie Deshaies (Amherst Municipal Association) and Paul Deshane (Town of Newington project manager) testified that the bill, without careful drafting, could mandate 20 units per acre in many agricultural and commercial districts, create ambiguity over what constitutes "commercially zoned land," and impose unfunded infrastructure obligations on towns. They also warned the bill could create litigation over definitions (for example, whether home occupations or certain services count as commercial uses) and noted local site plan and septic requirements vary widely across municipalities.
Follow-up and amendment: Senator Murphy and proponents said the amendment is intended to narrow the bill’s scope so it targets commercial corridors and downtown areas, not industrial zones or agricultural districts. Testimony shows the committee received both strong support from the building and construction industries and detailed technical pushback from municipal officials about implementation and local infrastructure capacity.
Ending: The committee closed the hearing on SB 90 after taking testimony from proponent groups, builders and multiple municipal representatives. No committee vote on the bill occurred during the hearing; any decision would follow committee deliberations and drafting consideration of the amendment.
