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NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Rockingham No. 2007-569 DERRY SENIOR DEVELOPMENT, LLC v. TOWN OF DERRY Argued: April 30, 2008 Opinion Issued: July 2, 2008 Getman, Stacey, Schulthess & Steere, P.A., of Bedford (Andrew R. Schulman on the brief and orally), for the plaintiff. Boutin & Altieri, P.L.L.C., of Londonderry (Steven A. Clark on the brief and orally), for the defendant. DUGGAN, J. The plaintiff, Derry Senior Development, LLC, appeals an order of the Trial Court (Coffey, J.) upholding the denial of its application for site plan approval of an independent adult community development in the Town of Derry (town) by the Town of Derry Planning Board (board). We hold that, because the New Hampshire Department of Environmental Services (DES) approved the plaintiff's proposed sewage disposal system, the town has enacted no standards more stringent than the DES standards, see N.H. Admin. Rules, Env-Ws 1000-1025 (1999) (amended and readopted as Env-Wq 1000-1025 (2008)), and the record reveals no evidence suggesting that the plaintiff's proposed system would not adequately protect all water supplies, the board

unreasonably and unlawfully denied the plaintiff's application for site plan approval. Accordingly, we reverse and remand. The plaintiff owns a sixty-acre parcel of land on Drew Road in Derry, located in the town's Low Density Residential District and its Independent Adult Community Overlay District. Under the town's zoning ordinance, an independent adult community is defined as "[a] residential development . . . with . . . dwellings limited to occupancy by households that each include at least one person age 55 or older . . . and [not including] any person age 18 years or younger for more than ninety days in any calendar year." Derry, N.H., Zoning Ordinance art. XIX,

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New Hampshire Law