ACTUAL PHOTO TAKEN NEXT TO DEVELOPMENT SITE
ACTUAL PHOTO TAKEN NEXT TO DEVELOPMENT SITE
Helping to communicate the Environmental Impact
of the 80 Unit Development at 41A Mill Road
This page was created to share information related to the impact of the development of the proposed 75 unit age-restricted condominiums on the Exeter River.
We need to work together to preserve the rural character of our town and help save the environment!
In response to Joe Falzone's proposal to develop up to 80 condo units along the Exeter River, the residents of Brentwood have already voted to change our building ordinances to remove the 55+ exception. The voters of Brentwood also approved a $3M bond to conserve land just like this site along the Exeter River. And together we voted to replace the chairman as well as many members of the Planning Board. We are making progress!
Since this development was proposed last year, Brentwood town residents have attended the Planning Board meetings to express their disapproval of the project. After retaining BCM Environmental Law as our legal counsel, we have been able to appeal the conditional approval of the project, and will continue to pursue all means to stop this development along the Exeter River due to its impact on the environment, natural resources including neighboring wells, wildlife, property values, and rural character.
We don't need another Falzone Development in Brentwood - especially along the Exeter River!!!
HOW TO HELP STOP THE DEVELOPMENT?
You can help by making a contribution to our legal fund at GoFundMe (https://www.gofundme.com/f/keep-brentwood-rural-no-condos-on-exeter-river) and by visiting our Facebook group (https://www.facebook.com/groups/3173580906298435/)
Send an email to the Planning Board and other Town and State Representatives!
Planning Board
Kristin Aldred PhD, Chair
Bruce Stevens, Vice Chair
Paul Kleinman, Member
Ned Matson, Member
Stefanie Kizza, Member
Doug Finan, Member
Jon Morgan, BOS Representative
Brian West, Alternate
Mark Kennedy, Alternate
Kate Locke-Parks, Alternate
Admin
Jillian Benedix
jbenedix@brentwoodnh.gov
Conservation Committee
conservation@brentwoodnh.gov
Select Board
Andrew Artimovich , Chair
aartimovich@brentwoodnh.gov
Jennifer Jones, Vice Chair
Jon Morgan, Member
Russ Kelly, Member
Robert Mantegari, Member
Karen Clement, Town Administrator
The town of Haverhill, MA had the same dilemma and won! We can do it too with your help! https://www.eagletribune.com/news/developer-withdraws-request-to-build-55-community-in-rural-rocks-village/article_757434ee-545b-11ec-acdc-ff4ade92a566.html
Falzone has had many, many other high-density developments throughout MA, NH and ME over the last 30 years including the 3 Ponds Development also in Brentwood - which is not even completed, yet, and still have over a dozen units sitting on the market!
Brentwood 55+ community of 71 homes stalled: Why a lawsuit alleges conflict of interest
Patrick Cronin
Portsmouth Herald
BRENTWOOD — A group of residents is appealing the Planning Board's approval of a new age-restricted 55-plus community consisting of 71 homes, claiming one of its members has a conflict of interest and should not have voted.
The Mill Falls Neighborhood Association filed the appeal last week in Rockingham Superior Court stating the board "unlawfully and unreasonably" approved Joseph Falzone's River Run development Sept. 22 by a vote of 4-3.
The association is made up of residents that directly abut the proposed development at 41A Mill Road, near Middle Road (NH 111A) and Route 125 near the Fremont/Brentwood town boundary. They have spoken out against the project, slated to be built along a stretch of the Exeter River, since it was first proposed citing concerns of traffic, the environment, wildlife retention, water resources, and that it would destroy Brentwood's "rural character."
The lawsuit claims the board's vote was "tainted" by the participation of Planning Board Vice Chairman Bruce Stevens.
It accuses Stevens - who was present at all 10 meetings the project was discussed - of having a conflict of interest because he works for Highland Hardwoods, a lumber company that provides building materials for construction projects. It also alleges Stevens had outside email communication with Falzone "which amounts to advising or assisting the applicant" and that he violated board procedure by making a motion to appoint an alternate member instead of the chair, as is board procedure.
Issues in lawsuit raised at Planning Board meeting
All three concerns in the lawsuit were addressed publicly by the board at the Sept. 22 meeting after they were brought up by Mill Falls Neighborhood Association President Bill Dale.
According to the meeting minutes, Stevens refused to recuse himself because Highland Hardwoods never sold material to Falzone, nor one of his contractors. He also addressed the email communication from Falzone stating it was in regard to case law that was discussed at a prior meeting. He forwarded the email to Town Planner Glenn Greenwood, who in turn sent it to other members.
While communication usually is addressed to the chair, town planner and administrative assistant, Greenwood told the board that after reviewing it, he saw no "red flags" and believed it was "a non-issue," according to minutes from the Sept. 22 meeting.
The lawsuit also alleges Stevens "repeatedly violated Planning Board Rules of Procedure" by appointing alternates. Planning Board Chair Aldred Cheek addressed the appointment of Mark Kennedy on Sept. 22 stating he had previously sat in on the case and was present at prior meetings.
While the lawsuit insinuates Stevens has a conflict of interest and was "strongly" in favor of the project, it doesn't state specific evidence to back up that claim. Instead, the suit notes the association plans to file right-to-know requests to obtain records to provide further information about the business relationship between Stevens' employer and Falzone as well as email communication between Stevens and Falzone.
Another issue brought up in the lawsuit accuses the board of depriving the association's rights to due process, stating residents were not allowed the opportunity to speak at a Sept. 15 workshop on the project.
The association is requesting the judge reverse the Planning Board's decision.
Controversial project divides Brentwood
The approval of the project comes after a lengthy Planning Board review process that began in 2021.
A number of residents spoke out against the project which resulted in two warrant articles that were approved at the March Town Meeting and election. One called for a $3 million bond to preserve conservation land when it becomes available, and another was to completely repeal the town's zoning regarding senior housing.
Planning Board members who voted against the project cited the project's size. Member Doug Finan said just because 71 homes fit does not mean you should build 71 homes. He was concerned about the impact on the wildlife habitat and the loss of rural character in the neighborhood.
The project will be similar to the over-55 community Villages of Three Ponds, also developed by Falzone, constructed at the former 3 Ponds Campground. It will be built on two parcels consisting of 73.5 acres and will consist of two bedrooms per unit, a clubhouse and pickleball courts, according to plans.
Falzone previously said the complex's recreational trails will be open to the public, and locals would still be allowed to fish from the Exeter River.
The review included a traffic study, stormwater study, and wildlife habitat assessment as well as input from the Rockingham Planning Commission Development of Regional Impact Subcommittee. The project was approved with 12 conditions including the Falzone will make offsite improvements along Mill Road including the installation of guardrails.
Dear Fellow Brentwood Residents and Neighbors,
There is currently a proposal before the town Planning Board to turn the 66 acre property at 41A Mill Road and an additional 6.5 acres off Mill Road into an age restricted development consisting of approximately 80 condo units with underground utilities, new paved road, and on-site wells/ septic. This development is proposed to be high density, cluster style with small lot sizes and shared driveways. The developer (Joseph Falzone) is the same party who developed The Villages at 3 Ponds on North Road. The Mill Road neighbors and abutters feel this development would have significant impacts on the surrounding area for a variety of reasons and do not think the Planning Board should approve this project.
The 66 acre farm abuts the Exeter River and is a definite sweet spot in our little town. Many of us remember our kids favorite field trip was a visit to the farm’s sugar shack. They would learn all about the production of maple syrup. The kids would leave with a good old fashioned sugar high and plenty of stories. Now, this is Brentwood!
Brentwood identifies as a “rural community” and this development does not fit with the current character of the town. Mr Falzone has presented this project three times, and has not materially changed the design, which is intended to cram as many houses as possible in the buildable space. In no way has he attempted to develop the property consistent with the rural character of the town.
There are currently 40 +/-houses that have direct access to Mill Road. This proposal would triple that number. Safety is a concern, as Mill Road is narrow and has a hilly, blind corner at the intersection of Middle Road. Mill Road and its bridge are not suitable for this additional traffic load which the state has already deemed in “poor condition”. This would also impact the passive recreational activities (walking, biking, etc) that Mill Road is currently used for. Any potential upgrades or retrofits to this road/ bridge would be paid for by the citizens of Brentwood.
The aquifer the town relies on would have water demand for another 80 homes in a dense cluster drawing from the shared resource, while development in the surrounding area has recently increased dramatically. The Villages at 3 Ponds was approved in a different part of town, however it was only because there was a municipal water source available. That property is also on a state road which could absorb the influx of traffic. That is not the case here.
Additionally, the property directly abuts the Exeter River and would have serious potential for negative water quality impacts (construction, septic, lawn chemicals, etc). There are sensitive wetland habitats on the property that would with be impacted. The Exeter River flows east all the way to Great Bay, which already has nitrogen impairment issues. This development would only serve to worsen that condition.
Per the Nature Conservancy and the NHDES fact sheet for the Exeter/ Squamscott River, this corridor is considered a “Conservation Focus Area”. The state-listed threatened bald eagle and pied-billed grebe, and the state-listed species of concern osprey, are some of the many iconic species that rely on the river and its corridor for food and shelter. At least eleven wildlife species are listed by the state as endangered are native to the Exeter and Squamscott river corridor, and this property hosts many acres of Tier 1 wildlife habitat, according to the New Hampshire Fish and Game Department’s Wildlife Action Plan. This is currently one of the largest undeveloped pieces of property that directly abuts the Exeter River. For all the reasons mentioned above, it should remain that way...
There are additional concerns regarding traffic, noise, light pollution, and existing property values.
The town Master Plan says “...the town’s rural flavor has remained and is jealously defended by its citizens old and new.” Now is the time to defend Brentwood against this type of development. The citizens in the Mill Road corridor feel strongly that this proposal will have an adverse impact on the surrounding area. The Planning Board has the power to reject this proposal if it is deemed to have an adverse impact on the community and we feel strongly that it will and that they should. This proposal should be rejected!
We are contemplating hosting a separate, focused community meeting to share information and better educate neighbors on the negative impact this proposal would have on the rural character of our beloved town. More information will be posted here.
Respectfully,
The Mill Road Collective
Wildlife Conservation
An article about another proposed Falzone development in Kittery, Maine.
"...it’s critical to the mosaic because it has a series of highlands and wetlands and will serve as wildlife habitat. On this and the other conserved land, 54 species will benefit, including wood duck, osprey, Blanding’s turtles, American Woodcock, blue-spotted salamander, bobcat and moose. Plant species spotted in the preserve include the rare spotted wintergreen, lady’s slipper and bay laurel."
https://www.fosters.com/story/news/2015/10/04/historic-conservation-effort/33346151007/
Here are the direct links to the Planning Board minutes where discussion of this project were on the agenda:
https://www.brentwoodnh.gov/assets/municipal/4/minutes/December_2__2021.pdf
https://www.brentwoodnh.gov/assets/municipal/4/minutes/November_18__2021.pdf
https://www.brentwoodnh.gov/assets/municipal/4/minutes/October_21__2021.pdf
55+ community: Developer's plan to construct 71 homes in Brentwood faces opposition
By Kathleen D. Bailey news@seacoastonline.com
BRENTWOOD — A proposed age-restricted community consisting of 71 homes brought more questions than answers at a recent public hearing.
The town’s Planning Board and the public heard from developer Joseph Falzone and his engineer Scott Cole Oct. 21 about plans to build the complex of 71 units at 41A Mill Road. The property is currently owned by Gordon Wilson.
Planning Board chair Bruce Stevens reminded the standing-room-only audience that this meeting was just the design review and that no vote would be taken that evening.
"Nothing is set in stone," Cole agreed as he outlined the working plan for the property. The main frontage is on Mill Road, with southeast frontage on Fellows Road and northwest frontage on Middle Road and the Exeter River. The property includes 13.6 acres of wetlands which will fall under the Shoreline Protection Act, he said.
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The project will be similar to the over-55 community the Villages of Three Ponds, also developed by Falzone, constructed at the former 3 Ponds Campground.
Cole said the design team is using the Three Ponds development as a template. He said the complex will have its own septic system and two large wells at the rear of the property.
Cole said there are two areas of wetland impact: a small culvert and a larger area at the rear of the property, which is an aquifer protection area and will require a hydrogeological study.
Town Planner Glenn Greenwood had several concerns with the project, which he outlined in a memo. Issues included buildings being separated by 50 feet, not the proposed 25 feet; no planning for pedestrian access; no planning for the existing buildings on the site; wetland impacts; and an appearance that Greenwood described as "appalling," which he said would not enhance the rural character of the town.
Cole countered that the buildings at Three Ponds were able to be close together because they are sprinkled for fire protection and that was also the plan for the new development. Also, he said, if the buildings were clustered together, there would be more room for undeveloped land.
"I'm a stickler for the regulations, and the regulations say 50 feet," Planning Board member Mark Kennedy countered.
The existing buildings on the property will be removed, Cole told the board, adding that Falzone will file the necessary applications for shoreland protection. The team will also do a hydrogeological study for the aquifer protection, he said.
Kennedy and Stevens were also critical of the developer's proposal to have as many as six homes on one driveway, with Kennedy saying, "At what point does a driveway become a road?"
Stevens noted that with multiple cars, camper trailers or even a simple party, the driveways could get crowded.
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The Mill Falls development abuts the proposed project, and many members of the homeowners' association spoke in the meeting. Resident Ryan McCarthy said there are "a lot of water issues." The two large wells will draw from Mill Falls' water, and so will the fire protection sprinklers, he said.
Other residents warned about traffic, with sections of the road having no guardrails.
Selectman Jonathan Frizzell had already expressed his concern in several emails, pointing out that the town doesn't have enough firefighting resources to support a large complex. Frizzell said the Fire Department has already responded to as many calls by this October as it did by December of last year.
In the meeting, Frizzell also expressed concern as a parent, noting that a complex of seniors might not support the SAU 16 schools.
"That's 144 voters," he said, adding, "We are turning into The Villages in Florida."
Stevens said currently 14 percent of Brentwood's housing stock was in senior complexes. "He has every legal right to pursue this," he said of Falzone.
Residents Kate Clark and Kendall Brown both expressed concerns about wildlife, including a pair of nesting gray horned owls and deer that “come to the river and graze."
The hearing was continued to Thursday, Nov. 18.
from https://www.seacoastonline.com/story/news/local/2021/10/27/nh-over-55-community-plans-for-71-homes-in-brentwood-faces-opposition/8550391002/
Contact the Brentwood Planning Board planningboard@brentwoodnh.gov to get more information on the proposed development and its environmental impact.