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Planning Board Legal Notice

Posted on Monday December 22, 2025
 

                        Town of Brentwood NH Planning Board
                           1 Dalton Road Brentwood NH 03833 
603 642-6400 ex 116                                                       [email protected]  
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                                                 Legal / Public Notice

Pursuant to RSA 675:7, the Planning Board will hold a public hearing on January 8, 2026, at 7:00 PM at the Brentwood Town Office,1 Dalton Road, for proposed changes to the town’s existing Accessory Dwelling Unit (ADU) zoning ordinance. The changes are being proposed to comply with state law, specifically by allowing detached ADUs. The proposed ordinance is as follows:  

900.004 Accessory Dwelling Units  

900.004.001 Authority 
This section is enacted in accordance with the provisions of RSA 674:71-73 

900.004.002 Purpose and Objectives  
The purpose of the accessory dwelling unit provision is to provide increased flexibility with respect to housing alternatives for families in Brentwood while maintaining health, safety, character and quality of the Town’s neighborhoods.  

The objectives of this Section are to:  

900.004.002.001 Provide for the construction of one accessory dwelling unit within or attached to an existing single-family dwelling unit, or in a detached structure on the property by right.  

900.004.002.002 Add more housing units to the housing stock to meet the needs of family members and smaller households, both young and old.  

900.004.002.003 Protect stability and property values by ensuring that accessory dwelling units are installed only in owner-occupied houses and under such additional conditions as to protect the health, safety and welfare of the public.  

900.004.002.004 Retain the neighborhood character and single-family appearance of properties in Brentwood. 

900.004.003 Definition  

900.004.003.001 Accessory Dwelling Unit  
As used in this ordinance, “accessory dwelling unit” means a residential living unit that is located on a lot containing a single-family dwelling that provides independent living facilities for one or more persons, including provisions for sleeping, eating, cooking and sanitation on the same parcel of land as the principal dwelling unit it accompanies. Accessory dwelling units may be constructed at the same time as the principal dwelling unit.  

II. “Attached unit” means a unit that is within or physically connected to the principal dwelling unit or completely contained within a preexisting detached structure.  

III. “Detached unit” means a unit that is neither within nor physically connected to the principal dwelling unit.  

900.004.003 Requirements  

900.004.004.001 The owner of the property shall occupy one of the units as a primary dweller and be landlord of the secondary dwelling unit.  

900.004.004.002 The maximum living area of the accessory (or secondary) dwelling unit shall not exceed 1100 square feet or 50% of the primary structure, whichever is less but in no case less than 720 square feet, and shall be limited to a maximum of 2 bedrooms. (3/2009, 3/2020, 3/2021) 

900.004.004.003 In no case shall there be permitted more than a single-family residing within the accessory second dwelling unit. Dormitory-type facilities are expressly prohibited whether seasonal or otherwise. 

900.004.004.004 Will be removed in its entirety.  

900.004.004.005 A minimum of one additional parking space shall be required for the accessory dwelling unit. Compliance with the existing driveway rules is required and only one driveway for the property is permitted. All parking must be off street.  

900.004.004.006 The accessory dwelling unit shall conform to all applicable structural, water and sanitary standards for residential buildings.  

900.004.004.007 The structure and lot shall not be converted to condominium or any other form of legal ownership distinct from the ownership of the existing single-family dwelling.  

900.004.004.008 Prior to any renovations or building the owner shall provide evidence to the town Selectboard or their agent that septic facilities are adequate for the total number of bedrooms according to the standards of Brentwood. If deemed necessary by the Selectboard or their agent, such evidence shall be in the form of certification by a state of NH licensed septic system designer. Also, the owner shall provide evidence that there is adequate potable water according to the standards of the State of New Hampshire. The Selectboard or their agent then shall indicate their approval in writing to the Building Inspector in order to allow any building permit.  

900.004.004.009 Once any renovation or construction is complete, or the owner is ready to have a unit occupied, and the impact fee is      paid, a request must be made to the Building Inspector for an occupancy permit. There shall be no occupancy of the accessory dwelling unit (or either unit if the entire dwelling is new construction) until the Building Inspector has issued said occupancy permit. (3/2025)  

The public is welcomed and encouraged to attend. A full copy of the text of the proposed zoning amendments is available for review at the planning board office during regular business hours. You may also direct any questions to Mark Kennedy as the Land Use Administrator at 603-642-6400 ext. 116.  

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