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.