Planning board reviews 2026 zoning amendments to comply with state law; requests fire‑department data on nursing‑home calls
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Summary
Planning staff presented a package of draft 2026 zoning amendments — including changes to accessory apartments to match state law, a multifamily allowance in commercial zones limited to second floor and up to three stories with 10% workforce housing, and a proposal to remove certain nursing/assisted‑living uses from some commercial tables pending fire‑department data on emergency call impacts — and outlined the public‑hearing schedule.
The Bedford Planning Board discussed a package of draft zoning amendments on Dec. 1 intended to bring local code into alignment with recent changes in New Hampshire law and to refine local controls.
Planning staff described the highest‑priority amendments as: (1) updating definitions for boarding/lodging/rooming houses and adding a 'single housekeeping unit' definition to remove familial relationship references required by state law; (2) aligning accessory apartment definitions with state law and removing the conditional use requirement for detached accessory apartments; and (3) permitting multifamily housing in commercial zones that allow retail/office, but limiting residential to the second story or above, capping buildings at three stories, requiring water/sewer service and reserving 10% of units for workforce housing.
Board members asked that these amendments be written to make the compliance rationale clear at the top of any voter materials and to explain how local controls (such as story limits and workforce housing set‑asides) preserve town design objectives while meeting state mandates. Staff agreed to reorganize the ballot language to foreground compliance with state law.
One proposed amendment would remove nursing homes and assisted‑living facilities from permitted uses in certain commercial zones because the fire department has expressed concern about the frequency of emergency responses to those facilities. Board members asked staff to invite the fire chief to a future meeting to provide data (call counts, transports, and the proportion of lift/transfer responses) so the board can base any zoning restriction on evidence rather than anecdote.
Staff reminded members of the procedural timeline: at the next meeting (Dec. 15) the board will decide which amendments to post to public hearing; the board will hold two public hearings, and at the end of the second public hearing (scheduled Jan. 12) it may vote to place selected amendments on the town ballot. Board members recommended clarifying explanatory text to voters, adding maps or street‑bounded descriptions where helpful, and tightening waiver/criteria language for items such as retaining‑wall measurements and cottage‑court rules.
Next steps: staff to revise ballot language (putting the compliance explanation first), gather data from the fire chief on emergency responses to nursing/assisted‑living facilities, and return with updated language for the board’s Dec. 15 meeting.
