Brentwood planning board approves draft requiring significant ground‑floor commercial space in multifamily projects

The Brentwood Planning Board voted on Jan. 18 to post revised multifamily and commercial‑industrial zoning language for public hearing that would require a substantial portion of the ground floor in any multifamily project within the commercial district to be used for commercial purposes.

Board member S1, who opened the work session, said the board “did need to go back through the multifamily ordinance” to align the draft with recent state guidance and local goals. The motion the board approved directs staff to revert selected commercial‑industrial provisions to earlier language, raise maximum building coverage in multifamily developments from 25% to 40% of developable land, and add a new requirement that 50% of a project’s first‑floor square footage be reserved for commercial uses compatible with residences.

Supporters on the board and in the public argued the change would help preserve and expand Brentwood’s limited commercial district along Route 125, strengthen the town’s tax base and encourage street‑facing shops and professional services. “The commercial district is what’s gonna subsidize some of the high tax we’re paying as residents,” public commenter S14 said, urging caution but favoring stronger commercial protections. Developer Joe Falzoni (S5) told the board he has property under agreement with long frontage on Route 125 and advised that commercial space should be located where it has frontage; he also warned site constraints such as wetlands and septic limit feasibility for some configurations.

Opponents and some board members warned that mandating a fixed commercial percentage could make certain multifamily projects economically unworkable given Brentwood’s relatively low density allowances and a 35‑foot height limit that constrains vertical development. “We’re saying that we’re going to tell developers that some percentage of the first floor of what are likely only going to be two‑story developments are going to have to be retail space,” said S2, who raised concerns developers might decline projects under a strict mandate. Several board members proposed alternatives — smaller minimum percentages, the ability to group commercial square footage across a project rather than per building, or density bonuses for mixed use.

Legal context was also central to the discussion. Resident Jim Hasher (S13) cited New Hampshire statute RSA 674:80, paragraph 3, and told the board that municipalities “may require all available ground floor space or a percentage thereof to be dedicated to retail or similar uses.” Board members noted the statute permits municipalities to require ground‑floor commercial but must be applied in a way that also complies with workforce‑housing laws and local development standards.

The motion passed at the work session after a formal second and a voice vote in favor; the board directed staff to post the specific draft language for a public hearing. The motion to post the amended language included reverting three ordinance sections (30002‑001, ‑004, and ‑005), changing multifamily coverage to 40%, and adding the commercial first‑floor requirement.

Next steps: the board will post the amended draft, hold the public hearings required by statute and return for possible further edits before sending any ordinance to voters or the select board. The board also asked staff and the town planner to ensure the multifamily and workforce‑housing drafts do not conflict and to post updated language in advance of the hearing.