Planning board accepts jurisdiction to rehear Merritt Place after state law changes

The Nashua Planning Board determined the recent state legislative amendments governing multifamily housing constitute a material change in circumstances under the Fisher v. Dover test and voted to accept jurisdiction to rehear the Merritt Place site plan.

Staff summarized the issue and cited the state's amendments to RSA 674:77 and RSA 674:80. In explaining staff's view, planning staff said the amended statute provides that "municipalities shall allow multifamily dwelling units on commercially zoned land" and limits municipalities' ability to impose additional requirements. Paul Chisholm, representing the applicant Merritt Place LLC, told the board that the legislative changes directly affect the relief the project had sought in 2024 and therefore justify rehearing the case. "HB 631 ... now require that municipalities must approve multifamily dwelling units on commercially zoned land," Chisholm said.

Opponents questioned whether the amendments override local age‑restriction rules and submitted a letter from abutter counsel opposing jurisdiction. State Representative Santosh Salvi argued that the statutes do not remove age‑restriction requirements and urged caution. Planning staff and several board members concluded the statutory language's "notwithstanding any provision to the contrary" phrasing supports finding a material change. The board voted to find the Fisher v. Dover test met (material change in circumstances) and then formally accepted jurisdiction by unanimous vote.