City of Portsmouth, New Hampshire 2022 - 2024 City Council, 10 Apr 2023

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From YouTube: 4.10.2023 City Council Work Session

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4.10.2023 City Council Work Session

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uh Good evening, everyone uh I will first await a motion.

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To leave non-public and to seal the minutes. Second,.

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All in favor aye any opposed all right. uh We are on to the.

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um City council work session um monday april, 10th 2023. um I will stay at the outset of this.

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um Happy birthday uh to my wife, and I will have to leave um just before seven to go to dinner, which I.

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Made a mistake in in voting for this and divorced uh on the work session schedule for her birthday.

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um I want to assure members of the public uh that I will be watching the public comment.

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Which I expect to be hardy, and uh and thank you, uh chairman chillman, for uh joining us.

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This evening for this discussion, so um with that um we are going to have a presentation from the.

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uh The planning department staff is that going to be peter. Is that going to be nick? Who is going to.

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Be nick and we're going to pass it over to nick and at the end of this um we will have um public.

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Comment um and again that will be at the end of the meeting: let's go away nick. Thank you, mayor.

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And again, nick rucknell, the principal planner in the planning department, maybe in the spirit of the.

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Mayor's birthday arrangements uh I'll go I'll, give as quick an overview as I can as to how we got.

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Here we we were at the uh the planning department worked with the land use committee at the request.

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Of the city council, for nearly I think, six months in developing uh maybe longer uh developing this.

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Draft set of amendments, and then we came back to the city council and it was referred to the.

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Planning board for their review and I believe we had three meetings at the planning board, including.

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A pretty comprehensive work session uh in the middle of the three meetings, so we were there.

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For two to three months to come up with what we have today, which uh may not be perfect. But I think.

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Most of the, if not all the participants in that process, of which there were many felt like this.

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Was a major step forward again as imperfect as it may be in in some particular corners.

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So I just have a few slides to to give everyone else an opportunity to catch up. There were three.

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Main goals- maybe this this could go up on this- is that me that has to put it on the screen.

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What's going on.

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I'm a novice all right do a file uh our view full screen uh here. Okay, just a note top bar top view.

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Yep, full speed pull straight okay, so why are we doing this three main reasons.

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uh First and foremost, there there's a real desire to remove some of the barriers of the ability.

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Of property owners in portsmouth to request an accessory dwelling unit on their property and the.

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The two sort of primary changes- we've made of many, uh are reducing the lot area requirements which.

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Right now is a pretty significant impediment for many of the traditionally designed neighborhoods.

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In portsmouth that don't have enough lot area to double it, for two single family structures.

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Which is how the ordinance reads we are talking in this set of amendments about removing that.

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Barrier, which I think is, is by far the most substantial change that will allow hundreds.

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If not many hundreds of property owners to be able to apply for an adu, should this pass in its.

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Current form, with respect to their lot area, there are a number of internal, uh maybe inconsistencies.

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In respect to the standards and the ability of the applicant, the neighbors and the the local.

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Boards and commissions to interpret some of the subordination requirements and architectural.

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uh Standards that are already in the existing ordinance so there's a real attempt here to.

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Add clarity to that ambiguity or vagueness that currently exists. The second uh major goal is to.

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Strengthen the provisions for neighborhood compatibility, it's it's really about making.

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Sure, if we're going to open the spigot here and encourage more adus that we effectively as best.

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We can mitigate some of the privacy and uh adverse impacts that can come with um sort.

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Of poorly designed adus in the backyards of an existing neighborhood, so we've really focused.

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On those subordination and architectural design standards and tightening them up providing more.

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Predictability on behalf of the neighborhood and the applicant and and less risk to the applicant.

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That they're going to spend thousands of dollars pursuing an adu only to end up uh discovering.

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They haven't met. The bar that currently is is uncertain as to what a good architectural layout.

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Or the subordination requirements are unclear in the ordinance, so we've made a big effort to.

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Address that the third main goal is obviously to make it easier to understand the ordinance.

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Itself, there's a lot of people that are confused in reading the existing ordinance there's still a.

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Good number that are confused reading the proposed, but we do have a remedy for that and once this is.

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Adopted in whatever form it is adopted, we are developing an adu handbook, which will be an.

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Illustrative book with elevations floor plans as well as site plans that demonstrate how you.

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Can come into compliance with these subordination and architectural design standards? Oh sorry, thanks.

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So uh the slides are not this detailed, so don't be frightened. uh This is the only one with this.

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Much text on it we've got changes to the table of uses in where you can apply for an adu. uh We we've.

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Gotten rid of the garden cottage uh language, that's in the existing ordinance and folded.

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That into a detached data use, we tried to simplify, simplify the choices uh you're either attached or.

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Detached and and there's uh a limited uh number of forms for each of those two we've also introduced.

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The idea of an administrative approval sort of an as of right scenario, where not every adu has to go.

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Through a conditional use permit at the planning board and in particular, we're interested in having.

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um In this version, internal adus within existing structures, where there's no exterior construction.

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Being allowed so-called, as of right or through the administrative approval, as well as some.

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Smaller existing structures that meet all the existing setback requirements we can get into.

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That in the discussion, um so again it's about expanding opportunities for adus we're looking.

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At some applications in different districts changing the density requirements with the.

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Lot area that we talked I talked about earlier and the as of right again, not everything being.

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A conditional use permit that puts the applicant at risk um in terms of the standards we've got. The.

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Architectural design standards at the bottom of that four bulleted list and we've got.

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Standards for ownership, these carry forward from the existing code out of the state statute. There.

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Are ownership requirements uh the owner of the property needs to live in one of those two units.

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Should they put an adu on their property? There's a bedroom limitation we've carried forward at two.

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Bedrooms and there's a parking requirement that we have amended uh to to lower that bar slightly.

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From the existing condition uh and then we've we've got a number of size and subordination.

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Standards for the attached units, which again, is either inside an existing structure with no new.

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Construction uh to the building, no expansion or it is an expansion or an addition to an existing.

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Single-Family structure, so those are the really the two types of attached adus and then the detach.

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Is what you imagine it is it's either taking an existing accessory structure? That's already.

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In existence on the site, which was formerly the garden cottage and converting it into an adu or.

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Building a new detached, adu and really the privacy issues and the and the issue of subordination is.

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Most heightened with those detached adus uh that that you know, I think we're trying to have them.

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Not compete with scale mass height and volume with the principal structure, that's already on the site.

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So, there's a whole host of details in respect to the architectural design standards. Again, it's.

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It's about consistency with the principal structure and the surrounding context, and.

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Building something in in similar in appearance to the principal structure: it's not it's, not a.

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Mini me, it's not a replica or or a verbatim set of design standards that go from the principal.

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To the accessory structure, but something that's consistent, uh we talked about the as of right.

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Versus the conditional use permit and then we've got a post approval requirement. That's already.

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In the code that requires the property owner annually to certify that they're they're meeting.

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Their obligations under the adu, the additional piece to this amendment that we think will be.

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More effective for long-term compliance and enforcement is requiring that an affidavit from.

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The applicant prior to an occupancy permit being issued initially for the adu they'd, be required.

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To record an affidavit that they're in full acknowledgment of their obligations under the code.

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um So again, two types of attached, adus uh up to 750 square feet of we use gross living area.

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That'll probably come up in the discussion at the end, so I won't belabor it here, but.

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We've moved from gross floor area to gross living area. It does make that 750 square feet a little.

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Bit larger than what it would be with a gross floor area, it's really about condition. Space and.

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About the living area of the adu, rather than the thickness of the walls or the garage or storage.

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Areas so again we can talk about that later, but you're either within an existing single-family.

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Home and we have that permitted in this version as of right in seven different zoning districts,.

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And we have three districts that still require a conditional use permit for that again within.

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An existing single-family dwelling. The second option, is an addition or an alteration of up to.

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750 square feet attaching to an existing dwelling, and that is allowed in nine districts. With a.

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Conditional use permit, there are three types of detached adus again. These are separate from.

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The main structure they're, either in an existing structure that complies with the code, which is the.

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First, one up there and it's allowed as of right in this version in five zoning districts and by.

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Conditional use permit in two or you can you can convert an existing structure up to 600 square.

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Feet in gross living area into an adu, if you do not meet all the zoning requirements, which is.

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Often the case for these accessory buildings that have been on the property for 50 to 150 200 years.

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And they're proposed to be adus they're, often in the rear side, yard setbacks. So this would still.

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Require a conditional use permit to convert one of those structures into a adu the last one at.

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The bottom of the list is a new structure being purchased being constructed on the lot and it.

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Would have to meet all the code requirements and would require a conditional use permit.

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So the one change we we made during the planning board process after the six odd months at the land.

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Use committee, which does have a couple of planning board members uh on the land use committee and and.

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I believe three city councilors: uh we meet monthly and we've worked on this for six or eight months.

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And uh when we got in front of the planning board, there was a real desire to require less.

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Parking than up to two spaces- 750 square foot at 750 square foot unit. If you went right to.

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The ceiling would require 1.5 spaces, which would round to two so in adu, if it was the maximum size.

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That's allowed the 750 it would. It would currently require two parking spaces and what is specified.

B

In this amendment is, we would reduce that to one so that that's what's before us in this version.

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um In terms of the subordination requirements, I'm not going to spend a lot of time on these.

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Because there are probably a dozen I'll wait for the questions, but there's a whole host of.

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Of uh design concerns and subordination concerns, in particular, with this slide, the whole idea of an.

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Adu, especially when it's detached, and most particularly when it's detached, is it's a.

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Secondary structure, it's not intended to compete with the principal single-family structure. That's.

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On the lot, so that's why there's subordination requirements in the existing code? They just aren't.

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Well defined and what we've tried to do here is say: okay, let's look at some examples and not.

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Only a projects that have come forward but look at our respective neighborhoods and make sure we're.

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We're not faced with the the some of the prior situations. I think the planning board's been.

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Confronted with were the the proposed detached adu can sometimes be three or four times bigger than.

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The principal structure, that's on the lot in the existing code, because it's it's again vague as to.

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How you treat condition space versus unconditioned, the garage, the storage, uh the stairs something.

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That's not heated and I think the intent at least we going through this for the eight months with.

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The land use committee and the planning board and many members of the public that participated.

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Actively in that process was that these buildings are in, you know, because they're in the rear yards.

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Most of the time of the principal structure- they're not intended to be houses behind.

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Houses they're small houses, so they should be shorter, they should be smaller, they should be.

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They should be broken down so they're again, not competing with the principal structure and when.

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You have a 750 square foot cap and two bedrooms. There's no there's no need to build a three or.

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Four thousand square foot uh accessory structure with an adu inside it, uh at least through this.

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Permitting process that that's that's the approach we took so there's a lot of new numbers that we.

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Put in here, they aren't perfect, but they're, intended to at least prevent bad things from.

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Happening it won't guarantee perfection, but it should lead us to a better outcome than some of.

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The the applications we've seen in the last five years so in respect to uh the detached adus we.

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Have the 750 square foot again gl gla, which is about 825 square feet of gfa? We again we.

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Can talk about that after uh when I'm done here, if that's confusing, which I'm sure it might be.

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um We're using the same application for expansion of existing accessory buildings.

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That are already on the property and the 1600 square foot is just another another.

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Number again or 75 percent of the principal buildings gross floor area to prevent something.

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Massive being built behind an existing single-family structure,.

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If we went back a couple hundred years, we would see big house, you know a farmhouse a connecting.

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House and a big barn, but that that is that's the only time you see something really large.

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In a rural setting, get placed behind a principal structure and it'd be appropriate, that's not the.

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It's not the land use pattern of portsmouth in the 21st century uh to to build a a very large.

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Barn behind your house. That's about we're, trying to minimize the potential of somebody building a.

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Very large structure with an adu in it in their backyard through this process, so there's a whole.

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Host of these uh standards step backs height. How do we deal with single story? Buildings? That's in.

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Here: ranches, newer neighborhoods: can you how do you put an addition or an alteration on an.

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Existing ranch building that that specified. How do you add a detached unit? There's provisions for.

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That uh there's controls over the footprint the volume the dormer piece is about privacy.

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And- and this only affects an existing structure- that's in the side or rear yard setback. Next to.

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Their neighbor closer than they would normally be allowed if they just built the structure. It's an.

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Opportunity to again try and find the delta between the privacy concerns of the butter.

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Who's already there and the new resident that's going to move in uh and provide some some light.

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And air, without it being overly burdensome to the existing neighbor again for a structure, that's in.

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The setbacks already there's a reference sort of belt and suspenders to the drainage requirements.

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That are already in the code uh that and then we've got the the building separation, which has.

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Been reduced here to reflect more the building code requirements than than forcing somebody to.

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Create what's now required, I think it's 20 feet between the detached adu and the main house. They.

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May still do 20 feet, but they're not required to start at 20 feet in this set of amendments.

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um The architectural design standards again, these are sort of the headers, the massing, the style, the.

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Roof forms again not looking for duplication, but consistency in the image that I've shown there is.

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An application that did come before the planning board- I don't think it uh continued, but that would.

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Be an example of something that would clearly meet these standards, uh but again it doesn't have.

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To be a verbatim extension of, what's there when you're talking about you, know, copper, gutters or.

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Slate roofs, that that is not what, in the planning board spent time on this, to make sure that that.

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It couldn't be interpreted that way, so I think we've we found the language to make that clear.

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And I talked about the affidavit a little bit earlier. We've got a proposal to have.

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That recordable affidavit that speaks to the obligations of ownership and uh owner occupancy.

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For the uh for the owner, so the the next steps- and I'm done here with this slide- is really to get.

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Through this amendment process have them adopted, then get the handbook written and create examples.

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Flow charts of how this permitting process works for your respective type of adu and have it be.

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Illustrative in respect to site plan's elevation of floor plans make it easier on folks so they're.

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They're they're not looking at uh 20 30 000 of upfront costs they're welcome to do that.

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If they've got a really innovative idea and want to do something different, maybe than than what's.

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Around them they would be able to do that, but uh we're going to try in this handbook to provide.

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Really detailed examples that people could use to apply for the for the adu and, in particular, the.

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The detached and we're going to track this data better moving forward. It took us a good amount of.

B

Time to pull together, we've had 37 applications and only 15 have made it out to occupancy. I.

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Can't tell you how many are in the process of working towards it, but it probably isn't too many.

B

So a lot of people have not made it through the existing process and hopefully this is going to.

B

Make it easier? That's the goal here, but not so easy. There isn't a process. So thank you. Nick.

A

Tournament, court, anything on the front end recommendations before we open it up to the.

A

Discussion, yes, mayor, thank you. um So I just like to start by setting the table a little.

D

Bit uh for what the what the legal department was intending to do here with these proposed.

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Amendments and that's um as as we know in new hampshire, uh there's cities and municipalities.

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Only have those powers and duties that have been conferred upon them by the state and there's a.

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There are a few statutes on adus which give us our powers and responsibilities there and what.

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That creates is kind of a scale from the most restrictive at one end and the least restrictive.

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On the other, and what nick has laid out and done, a good job of laying out is where we are.

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On that scale currently, and where this proposal is taking us and also how we got to this proposal,.

D

And what the legal department's limited review was to to mix my metaphors here, a little bit.

D

Is uh to identify those portions of this proposed ordinance that are outside of the window, provided.

D

To us by the state and those proposed changes are very minimal on, but and then we in that process.

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We've also proposed a few changes that will help clarify the process, help any decision made by any.

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Administer strait of official or or board land use board in the city were defensible if appealed and.

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There are also a few housekeeping um edits that the legal department proposed and then so just.

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To walk through those uh state statute does allow municipality to set a maximum size for.

D

Adus but they cap that at 750 square feet. So the first proposal is within the table: section 1.222.

D

Where the the ordinance references detached adus within a an existing building, which is.

D

Non-Conforming to the zoning ordinance that sets the cap at the um gross living.

D

Area at 600 square feet, so the legal department would propose to change that to 750 square feet.

D

Or there's a there's, I mean to at least change it to 750 square feet. Now I I understand that.

D

There could be multiple ways to accomplish that goal on speaking with chairman chowman.

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uh He he proposed a different structure where, uh within the the two residential districts.

D

Adus up to 600 square feet would be available by administrative approval and then between.

D

600 square feet and 750 square feet that would require a conditional use.

D

Permit that would be a permissible alternative as well, and I believe.

D

Mr krakna also has a a different proposal in mind as well, but there are multiple ways to.

D

Do that, but I guess just to keep everything in compliance with state statute. I wouldn't want to.

D

Restrict any adus in any particular district to a size to a maximum size, less than 750 square feet.

D

I'm sorry gross floor area gross floor area. Exactly thank you.

D

D

So I will say that the proposed changes to sections at 10.814.434 and 0.435 we're.

D

Intended to encompass that same statutory restriction, uh but as it has since been.

D

Explained to me by mr crack now those I was confused about the um uh the footprint of a.

D

Building that would contain an adu, and I didn't understand how you could have a footprint. That's.

D

Smaller than 750 square feet and still have an adu within that building, that is up to 600.

D

That is up to 750 square feet, but, as it was explained to me, it can have multiple floors.

D

A first floor and then a an attic space which would add or not an.

E

Attic but our second floor, which would add to that.

D

So I would withdraw that.

D

Section 81 10.814.22 was just a suggestion to remove duplicative language.

D

And then in at section 10.814.40.

D

We suggest adding a or I suggest, adding a line or two.

D

At the beginning of that section, just to make it clear that those standards are intended.

D

To ensure the s, the the aesthetic, aesthetic continuity with the principal dwelling unit.

D

um It was unclear from from reading what that section was meant to to accomplish.

D

And I just wanted it to be very clear for everyone applying it, what the what the purpose of that was.

D

Foreign within the review and approval process contained in.

D

Chapter 10.814.60: there are a few changes proposed there, which I'll go to making it clear when the.

D

Time periods start this is this: is that uh review process done by the administrative official? The.

D

Planning director and there has to be notice, sent out to a butters and then a 30-day comment period.

D

And posting of a sign and the edits proposed in there were just to make it clear when that time.

D

Period starts and when it ends so that there's no question later on when attempting to apply it.

D

The proposed change moving in that same section uh 814.613, uh the proposed change there is just to.

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Give clear options for the administrative official applying that section. The the planning director.

D

Allowing that planning director to to approve deny request additional information from the from the.

D

Applicant or in appropriate circumstances, and only in appropriate circumstances to refer that.

D

To the planning board for a conditional use permit and and the only situation where the.

D

Planning director would refer that to the planning board would be if the applicant is requesting.

D

Modifications which are contemplated under another section of the ordinance modifications to the.

D

Standards such as uh you know, removal of a parking parking spot, for example,.

D

um Any other, if it's not permitted, though there, then the appropriate response would be to deny.

D

It and then the any appeals of that decision would go to the board of adjustment and not to.

D

Play uh finally, there were uh there was one or or maybe two other.

D

uh Sections later on, where uh it looks like garden cottage hadn't been removed.

D

From from a definition, and because this proposal would eliminate the garden.

D

Cottage section uh the legal department would recommend that those references be eliminated.

D

And, like I said, uh our scope of the legal department scope of review was.

D

Pretty limited, and that is all you came up with.

A

Thank you attorney mccourt, um now open it up to uh discussion. Any questions from council.

A

Council bagley, uh thank you honor. Could you so my understanding is the rsa which allows for.

F

Adus in 2017. could be enacted as a city with no changes or modifications whatsoever, so in theory.

F

If we didn't pass what we passed earlier or if we eliminated everything, it would just default back.

F

To that state rsa, yes, that is, that is broadly true. It actually contains default default provision.

D

uh If the city does not have to enact any adu ordinance um and the the rsa contemplates that.

D

And provides a a default state for adus, okay, so so there's two questions I have is the aesthetic.

F

Provisions are not required by the statute. We could move forward with no aesthetic provisions.

F

However, by the way the rsa is written, if we do move forward with aesthetic provisions, it.

F

Is in relationship to the existing house, not the neighborhood, that that is that's correct. Yes, the.

D

uh The default rule would be that every single family dwelling in the city would be entitled.

D

To one adu and it would be subject only to a building permit, okay and then the question I.

F

Have on parking is if we require any parking with the adu, and somebody submits for an adu.

F

And they have a house: that's existing with no off street parking that would trigger um the bring up.

F

To code clause where they would now need to have at least three spaces if they had no existing off.

F

Street parking and their main dwelling required two spaces and the adu required one space. uh Any.

D

um If you have a legal pre-existing, non-conforming use at your property you're entitled to maintain.

D

That that use, but if, if you, if you propose to expand that use it all, you have to bring the.

D

Entire you have to bring that into compliance with zoning ordinance. So yes, so if we didn't want to.

F

Trigger that the solution would be not to require parking with adus, because we would not be changing.

F

The existing use, because we weren't crying any additional parking yeah, that's right! Thank you.

G

Council tabor thanks john.

G

Question about administrative approval versus.

G

Additional use permits.

G

I would want us to be able to have simple administrative approval by right, wherever we can.

G

And with that kind of philosophy, I'm looking at the use table where we have the smaller adu.

G

The 600. and I understand we have.

G

Should we shouldn't be, we should have 750 by state statute, but 1.221 and 1.223 are instances.

G

Where we have detached adus that meet all the qual, all the requirements complies with all.

G

The law and building dimensional standards, but those require conditional use, permits.

G

um With the exception of the 600 square foot in gra and grb and grec, why why wouldn't we just have.

G

If it conforms it's a detached adu, it conforms to everything in this ordinance. Why wouldn't it.

G

Have administrative approval by right? Why does the applicant have to go through the extensive public.

G

Hearings because, of course, the people who show up at the public hearings are those who don't want.

G

That backyard to change in any way the people who never show up are the people who need the housing.

G

Let me take a step with that. Well, it's not a legal question. All right! It's a policy! Question yeah! I.

B

Mean I I think not answering for the all the people that have participated on this effort.

B

Number one I, I think, there's a there's: a desire to provide adequate notice number.

B

One to a neighborhood and a set of a butters, just as a baseline.

B

Level of maybe not the right word, respect for the folks that live in that particular neighborhood.

B

Especially when you're looking at conversion of existing accessory structures, which are generally.

B

The most dormant buildings in the city right you're, moving from a tomb with nothing happening.

B

But a lawnmower, maybe coming out once in a while to an active use with lights, potentially balconies.

B

Patios and they tend to be again not in the front yard they end up being in the in the back.

B

And many neighborhoods in portsmouth, as we all know, have very shallow front yards shallow side.

B

Yards and if you lose on both of those, you generally have something for a rear yard to.

B

Make it a livable place to be, and that's where these things typically occur, is in the rear and.

B

I think again, it's not an acknowledgment that it can't be done. It's an acknowledgment that out of.

B

An abundance of respect for the people that are there and I have been to meetings where people.

B

Show up in support of their neighbors trying to do these adus, so I think I think you know we.

B

Generally, we want to hear from as many people as we can and I think we all agree with that.

B

But it's really about discretionary of discretionary determination of these subordination.

B

And architectural design standards which are not they're, not cookie, cutter they're, not clear-cut,.

B

We're attempting to make them as clear as possible with all the diversity of land use patterns and.

B

Neighborhoods and architectural styles in portsmouth, this isn't form-based coding. Yet.

B

So until we get to form-based coding, which I'm not advocating we're working on, but it could be done.

B

It's tough to get to an as of right situation to you to really address the diversity of situations.

B

You can be confronted with as a practitioner signing off with no notice to a butters.

A

Chairman showman there's one other point that this came up: councilor tabor the two left columns.

H

In two three of the zones you're currently not allowed to have two family dwellings.

H

So the thought was by adding another dwelling on a property. That's presently allowed to.

H

Have one dwelling: that's why we thought a conditional use permit might be appropriate.

A

Casa morale. There was also a lot of pushback from the public to make sure that if you're going to.

I

Build something new that you had a public hearing so that people could be heard and we got months.

I

Of feedback, yes and and our our intern lucas, I think summarized a lot of that input for us.

G

Which was, and the privacy concerns on light concerns are valid. It's councilman yeah thank.

F

You and for clarification, if we did not have these aesthetic requirements, it would be much easier to.

F

Provide administrative approval. That being said, if the adu was in the historic district with the.

F

Htc still supersede that correct. So if we did this without aesthetic requirements, it would not change.

F

The look and feel of the htc neighborhoods- I don't believe so. Thank you so just on that that point of.

A

It being easier to do so, it would be easier to do so, at least in my opinion, in a administrative.

A

Legal way, I think it would be harder for it to be easier to do so in terms of a neighborhood.

A

Neighbor reaction way we live in portsmouth and for better or worse, you know, a sport of ours is.

A

Telling other people what to do with their property and our code book has grown.

A

About 40 pages, uh you know it's a pretty intensive code book. What I like about the standards and.

A

Being unified in the standards is, I believe, maybe in the opposite. That allows us to have some.

A

Administrative approval, I don't think there would be a planner on planet earth and certainly not in.

A

Portsmouth, that would say yes, I'm going to approve this without having some design guides to say this.

A

Aligns with this this and this, and so I'm going to approve it based on right. So I believe that if.

A

We're trying to get to a place where we will have administrative approvals and that's my goal is to.

A

Have some of these approved administratively? So we can move past 15, you know and 37 applicants. It's.

A

Not going to be perfect by any stretch, but I think if we take away some of those design guidelines.

A

It's going to be harder for our, I guess I don't think our planning staff is going to go out on on.

A

Too many limbs to say you know what this judgment call is mine to make. If this happens or not that's.

A

A that's a hard thing, at least in my opinion, for the planning staff to be able to make that call.

A

Administratively, but if we can agree and it's the planning board, it's the land use the city council.

A

That we're looking at some standards that we can point to and say yeah. This is something that we.

A

Could support and administratively in these circumstances we can get behind this then I.

A

Think we can have some administrative approvals and avoidance of having to go through the the.

A

Land use committee, councilor cook, first bite, the apple concert, playlist and counseling party.

J

You mayor, I just have a question about the table of uses. uh The first thing in the table is single.

J

Family dwelling and there's a change in cd5 cd4 from permitted to not permitted for single-family.

J

Dwelling and I'm curious how that arose, and I have a question about single family, residential.

J

That is grandfathered in those areas if they have a fire and lose their home. What happens.

B

I I can take that I think so. The first question is: why are we prohibiting in this amendment.

B

Single-Family structures in the cd4 and cd5 well, the cd4 and cd5- are essentially downtown.

B

Portsmouth and the zoning we have a conflict in the code today, you can't actually build a.

B

Single-Family structure using the form-based code in portsmouth downtown today, even if you had the.

B

Land, so this is bringing the adu ordinance into conformance with the existing form-based coding.

B

For the first answer to the first question, the second one is: if, if a fire exists- and you happen.

B

To have a single family structure in the downtown and it's a non-conforming structure, you have a.

B

Year, to put it back, your grandfather, you're vested for a year to pull a building permit.

B

If you don't do it within a year, you have to come into compliance with the current zoning code.

J

And can I just make a suggestion that we at that later, because a year is a.

J

Very short period of time today with the building requirements. I know it's.

J

Even if it's state, because we should be looking at them before we go changing.

J

The code there yeah so we're not we're not changing anything here that affects that.

B

What we're changing here is you can't do a new single family structure today, all we're doing.

B

Is making this code consistent with the form-based code? That's already in the downtown. We missed that.

B

When we adopted the form-based coding, we missed in 2017 that this was written the way it was.

K

Because um and yeah I just want to thank everyone all the hard works and put on this. um Ladies.

K

Committee we've been working on this for eight months now, and I will say we all are efforts to.

K

Try to make obviously this easier for the resident for the homeowner for the potential uh edu builder.

K

um But with that same balance, we have to make sure that we don't create on. You know.

K

Circumstances that were not intended, um we did hear from the public a lot that kenny noticed on.

K

Projects like this was very important to them. Unfortunately, we don't portsmouth back to my.

K

Grandparents moved here, my father was little. The whole neighborhood would hang out every weekend.

K

Everyone knew everyone else's business. um You know those block parties every weekend. I think.

K

Now, unfortunately, we don't communicate as much as we used to as neighbors, um so residents do.

K

Like hearing about when their neighbor is doing a building, and they do like the chance to speak.

K

um So we're very careful about taking those away, um but I do want to do everything we can.

K

To make these easier to build, obviously in creating more housing enforcement, but I just.

K

Want to explain that that was a big balance that we've been working on over the last eight months.

A

I think councilor, council and party- uh I think maybe this was answered, but I just saw virtually.

L

No references to overlay districts as in general on this other than a downtown overlay, is all those.

L

Requirements still exist in the overlay districts.

L

I think the overlay districts are unaffected by this yeah.

A

uh Council moreau concert cook: do you have your hand up? I do all right. Council maryland council.

A

I just wanted to add to the conversation we were talking about um the aesthetics. Look, let's keep.

I

In mind that the original statute, and the way this was all created under the state, was that.

I

They wanted to take single-family, neighborhoods and add density without it. Looking like you're.

I

Adding density right so all of those requirements to have it look similar to look like it's part of.

I

The principal structure was to think it not look like it's a second dwelling unit. We were.

I

Trying to make it look like you're still driving down the street, and it still looks like it's a.

I

Bunch of single-family homes, so it might seem onerous, but the mayor is absolutely correct.

I

The you don't want a planning director having no guidelines when they're actually looking at.

I

An application you want them to be able to have those guidelines to be able to make sure that.

I

When they are administrative, approving something it's based off of what the city council has set.

I

Into the ordinance and without those I think that would have a hard time approving anything, because.

I

They wouldn't have any guidelines basically to do that. So that's where all those things come in.

A

Thank you mayor. Was there any consideration given to creating a time limit for consideration for.

J

Conditional use that it reverts to administrative approval after a certain period of time.

J

um I raised this because I think that one of the reasons that the process is so onerous.

J

For individuals applying for not just adus but several things through our planning and.

J

Zoning is that it takes a long period of time to get through that process and.

J

Because it takes such a long period of time, it costs them a lot more money and legal fees.

J

Was there any consideration of that? It was suggested to me by someone who.

J

Is a form of planner that there's a time limit on consideration? Well I'll, take a stab at that.

B

Because there's an easy answer to the first part: uh no, uh I'm not sure how you would do something.

B

Like that, so I'll leave that to the legal folks, but I I just want to say I I think it would be. I.

B

Think it's really helpful that it has been to me and I think, a lot of us on the land use committee.

B

To focus maybe less on the type of permit and the procedural requirements in trying.

B

To reduce barriers then recognize what I think we've found looking at the code itself and the.

B

Applicants that have come before us, the real barriers to adus, isn't a conditional.

B

Use permit it's the lot area requirements that disqualify, probably half the property owners in.

B

Portsmouth from being able to even ask without a variance a a board of adjustment, application is a.

B

Whole different can of worms right and it it's what we're trying to avoid, but the the lack of.

B

Clarity and the subordination requirements and the architectural design standards are creating.

B

Sometimes disastrous outcomes that put the planning board on the defense.

B

To very creative uh applicants trying to do something that the ordinance was never intended.

B

To do, and I think I think, the timing factor of how long you're kicking around the planning board is.

B

Largely related to the ambiguity of the existing code, not the fact that you're at the planning.

B

Board they they do a good job, but they can only do as good a job as the ordinance equips them.

B

To do, and I think that's what that's, where we're really placing our emphasis and maybe we're wrong.

B

But we won't know till we till we actually try it. Removing the substantive barriers should really.

B

Open opportunities for adus, without trying to focus too hard on an as of right solution.

B

Because that's a lot harder to solve to get your code to to produce predictable results.

B

So no one has to be notified of a meeting or a hearing or a review of an application.

B

That's really hard and that that's to me the last line of defense. The first is: let's get the code.

B

Let's equip the planning board with the best language we can so when homeowners hire design.

B

Professionals, it's not wide open for either abuse or overly creative designs. That again put the.

B

Planning board as volunteers in the community in a really awkward position where they don't.

B

Want to say no and sometimes they're approving things that are just not in the interest of the.

B

Neighborhood or the city at least that's that's what I think happens occasionally. So, though, thank.

A

You nick I'm going to have to pass the gavel to counselor taborous. I do want to stay married.

A

Dinner with my wife on her birthday, I will say uh if allotted uh the time that I do appreciate all.

A

The effort that has gone into it, I think that 15 units built over. However many years since.

A

Then senator martha, fuller clark went against the new hampshire municipal association, went against.

A

Our own views as a city and having a a an edict from the state put on us to say that we have to.

A

Do something I agree that we have to do something on this, because the issue is important. I hope that.

A

This issue can get to a point where we are solving both an affordability issue for people that want.

A

To stay on their properties, as well as creating an opportunity to have more neighbors, I think.

A

That we as the council have to recognize that some of the biggest issues we face are parking.

A

um You know and neighborhood feel of people that have moved to this neighborhood or grew up here.

A

And having that take into account, this is not perfect by any standards, but any any ordinance.

A

That is only produced, you know two units a year give or take is not is not meeting its.

A

Intended consequence- and I hope that we look at the the good instead of the perfect, which might.

A

Be a little more elusive, given the fact that you know we are men and women governing men.

A

And women and we are limited in our ability to do that with uh I, I guess perfect information.

A

So I appreciate everybody and again, I'm sorry I'll, be watching the comments uh this evening.

G

Yes counselor, I just wanted to say thank you to attorney court on the 750 footprint and maybe.

I

In order to make that clear moving forward, do we need to add four multi-level structures? I mean or.

I

Can we leave it the way it is based off of that's what the intent was right is that somebody might.

I

Build a garage and then want to build something over it and we're trying to keep that into a.

I

Minimal footprint, depending on how many stories they built sure I I mean you could do that in a.

D

Couple different ways: you could add something to the ordinance itself to make it a little.

D

More clear, I think, also the um the the handbook that the planning department is developing could.

D

um You could certainly put that in there. uh That would be a nice place.

D

To put that just to make it clear to anybody what options are available.

F

He left um it with the aesthetic standards uh the pushback I'm hearing is: if we don't.

F

Have any we can't do uh approval by right, because somebody in the planning department.

F

Is probably not going to want to reprove it, however, if there is no aesthetic standards.

F

On what grounds would they not approve a project? I guess that part. I don't quite understand. Okay,.

D

So I guess from a from a legal perspective, um you don't have to have athletic standards.

D

um And if you don't, then there's no reason to deny it for.

D

It's aesthetics, but if you do have aesthetic standards, uh the my recommendation would be.

D

You do have uh specific items such as those listed in the proposed amendments to provide.

D

More predictability and reliability for people who are seeking to add an adu to their property.

D

It gives the administrative official a clear checklist to work through with, and it provides.

D

Somebody, okay, I know if I designed this this thing. Looking like this, I have a very high.

D

Likelihood of getting it approved, therefore, it's a worthy investment okay. So what I'm hearing is.

F

Either no standards at all, because then it's easy because there's nothing to deny or extensive.

F

Standards so there's a checklist for the applicant to follow and for the planning department to.

F

Verify so they don't need to be, I mean they could be extensive. Certainly they don't need to be. They.

D

Just need to be clear, okay, so it I guess the follow-up would be. We either have none at all.

F

Or we we have clear, concise ones, that's correct, counselor, blalock and then councilman. Thank you.

K

um And I'll just repeat that the goal and I'm glad to hear the planning department still using on the.

K

Adu handbook the goal is to make it easy, like the checklist, um so I want to build an adu. I want to.

K

Check out these 10 boxes and then through the guidebook or the handbook, you would then have.

K

Maybe two or three options that you could build in your backyard. That would eliminate a lot of time.

K

A lot of planning, I think, we've heard it cost something upward of twenty thousand or forty.

K

Thousand dollars just to apply right now. Obviously, that's what we want to eliminate that cost.

K

um But not having any rules whatsoever where someone could just put up four walls. I don't.

K

Think that's the answer that we're going to either. You know so there's that balance of for that the.

K

Easy part and making it accessible everyone. I know we don't have the handbook yet so it's hard to you.

K

Can't I can't show you and we can't look at it, um but we're getting closer to there and that's.

K

When we get there, I really think that is, that is the goal. That's what I at least to my eyes.

K

In addition to add to that, the um the design standards make every project more legally.

I

Defensible so it's going to really help in the long run, because if you have no design standards.

I

Then, and every neighbor of every project gets upset, there's going to be a lot of things going.

I

To the zba on appeal, but there's not going to be any guidelines to tell them whether or not what.

I

They, what one size says or the other side said, is right. So if we're giving really, you know distinct.

I

This is what we consider being the same or similar or whatever. Then they have something to work off.

I

Of and it does make it more legally defensible, which means there, hopefully will be less appeals.

G

uh Counselor cook did you. I just. I have a question around um parking again. A counselor bagley raised.

J

This earlier, um what do you do when you have a the majority of a neighborhood? That's non-conforming.

J

When it comes to parking- and I happen to live in one of these neighborhoods and um so you're.

J

In a situation where there's it would be hard to identify a house that would qualify for an adu.

J

Even if there's space within the home to add an adu there's, not parking availability, yet a huge.

J

Number of people who live in the neighborhood do not have uh off street parking, so essentially it's.

J

You're telling one home because their grandfather that they don't have to have off street parking.

J

But you're telling another that they would have to have off-state parking. um How do we reconcile that.

M

Said he would let's go rick.

B

Oh, do you want to go, go ahead, rick the additional use permit does allow.

H

The planning board to waive the parking requirement. So if you, if you couldn't provide parking, that would be the way to go, apply for a conditional use. Permit.

H

That would have been my answer right, mine as well yeah nikki wanted to say something I did. I wanted.

B

I wanted, could I just jump back to the design question that was raised uh earlier and then.

B

Reiterated because I think I misspoke I've done that before. um I think the design standards that.

B

We're talking about the subordination standards that are in this ordinance are of great help to.

B

The hdc the htc, has about 120 page set of design guidelines for the historic district, which is.

B

Somewhere around 1200 properties are affected by it. There is no chapter on adus in that 12.

B

Chapter set of design guidelines because adus didn't exist at the time we put that together.

B

These subordination requirements that are largely quantitative and the architectural standards which.

B

Are largely qualitative essentially, in my mind, with the baseball diamond analogy.

B

Put both the planning board and the htc and the applicant and their design team somewhere between.

B

Second and third base, depending on how how robust you think these are in terms of the predictability.

B

Of scoring that point scoring that run and the absence of those standards you're, probably in.

B

The batter's box swinging you're not on first base. You don't have a clue. Obviously, if they're.

B

Not required in the ordinance not generally talking about them, but, as I think, we've discussed.

B

In prior conversations, if you have a public process, I'm convinced doing this for 30 years.

B

Design of a building and a site and not the utilities, not the parking, not the lighting, not.

B

The drainage, that's what you hear from one public meeting after another, because every city in town.

B

Has those requirements and they are the grab bag? Few communities have the design standards.

B

That actually get to the problem that most people have with the applicant with the.

B

Application before them- and I I think, we're I think we need these standards and I think they.

B

Help the historic commission as much as they help the planning board because again and they.

B

Help the applicant- that's it's, you know they help the property owner get closer to third base than.

B

Standing out at first base wondering if they're, safe or not because right now, it's ambiguous and.

B

It seems unlikely that the citizens of portsmouth that had participated to date would ever envision.

B

An adu ordinance in the absence of architectural design, standards or subordination requirements.

F

So councilor backs yeah. Thank you for that and I I will concede that I will probably.

F

Lose the point on the design standards and I would prefer to win or find some relief on the parking.

F

We have a situation now where, if somebody wanted to build an adu and they had no off street parking.

F

They would build their edu potentially trigger the requirement for three parking spaces and.

F

Now, not only are they building adu on their lot, they're getting rid of their garden and.

F

Their lawn to put a driveway that parks three cars, I don't see that how that's advantageous.

F

To anybody in the community, but on a on a further note, um you know this is a nationwide problem. It's.

F

It's not a new hampshire problem or a portsmouth problem, but we have an affordable housing crisis.

F

We have very few tools in the toolbox to address it. The adu ordinance where the owner has to live.

F

Either in the principal dwelling unit or in the adu is going to ensure that when somebody builds.

F

And designs this they're building and designing their home they're, going to design that to a.

F

Good level there's a safety valve there. These are not investment properties, the other things.

F

That we have to think about as important as you know, talking about hdc standards or aesthetic.

F

Standards are we have city employees that are living in vans? We have hospital wait times.

F

Because we don't have enough doctors and nurses, we can't find electricians. We can't find builders.

F

Schools are having a hard time finding teachers, my daughter, has iep she's been unable to get a.

F

Tutor for two years, she's been unable to get the help that she needs, because we can't hire people.

F

In the community, because there's not places for these people to live so why? I appreciate there's.

F

A historic character to our neighborhoods. We have a tool here with adus that the better and more.

F

Streamlined we make it where we can get more than two a year and the better our community is going.

F

To be, and there may be, a slight degradation in the aesthetic look of our neighborhoods.

F

But we're talking about people's homes and I think that should be the priority.

G

Counselor denman, having been on the council seven years ago, that first went through this.

E

Process and passed the ordinance along with went through numerous work sessions that was.

E

Left back then confused by what a garden cottage was. So thank you for removing that.

E

I'm disappointed to see it only yielded on average to a year, so any changes that.

E

Could be made to yield three or more a year would be greatly appreciate. It.

G

I'm gonna pass the gavel.

G

Let's look ever um I asked a local architect to take a.

G

Look at the current form because she and others had input way back in the process.

G

And I said: what could we do to make there be less friction um and.

G

She said one of the hang-ups for her was the connecting door and the uh adu that's attached.

G

That comes with a fire code rating that gets very expensive and, and what would be the need for that.

G

And I noticed in best practices around the country for adus they're dropping that requirement in many.

G

Cities so I'll ask that question requirements yeah that that is required by state statute yeah.

D

Yeah we have, we don't have any wiggle room on the choice on that yeah. We have no room.

I

But we know we know what to do now.

G

So it's now clear for everybody who wants to do this.

G

Also, there's language in the directing the planning board in approving uh one of these.

G

To say that the adu is compatible with the character of the neighborhood.

G

And maintains privacy of the neighborhood sounds great, but that to me, if I were an applicant.

G

Knowing that their people would come out with those concerns, I would say what's the standard, I.

G

Mean that language just seems so open-ended so can I speak yeah yeah. uh So my answer to that would.

B

Be the existing code does not give a somebody a good answer as to what that is, the proposed code.

B

Again is imperfect, but it answers many of those privacy related concerns you, if you're, if you're.

B

Building, for example, is in the side, yard setback not where it's supposed to be. You can't have more.

B

Than you can't have dormers on that side of the room uh you can have a balcony. You can't have.

B

Doors and windows above eight feet, if you're in someone's side yard, so private privacy is really.

B

You know you can say it's subjective, but there's some objective standards that are in this code.

B

That's before you that should make that an easier answer to generate, and, at the end of the day, this.

B

Is at the end of the day about reasonable people being reasonable, meaning the decision makers.

B

The people that are appointed to this board- and I I think this is going to.

B

As we've obviously went there and took this language through the planning board,.

B

I'd hazard to guess I I'm guessing, they would feel this is going to equip them better to answer that.

B

Question I'll, let the chairman maybe uh shoot me down or or agree. uh This is imperfect, but I think.

B

Those findings which are always general at the end of a decision what's compatible what's consistent.

B

They're anchored as best as possible in the standards that are provided, which I.

B

Think are far more robust than what's before you than what we have today.

B

That go rick. Do you have anything to add dinner? Yes, well, one of the sections you referenced about.

H

Privacy: it's talking talks about the proposal not significantly reducing the privacy of adjacent.

H

Properties, so if we have an application before us, as we have had where somebody's.

H

Proposing say a giant window right in an existing building close to their neighbor's property line.

H

At an elevation that looks down on the neighbor's property that could be intrusive,.

H

And there's no mechanism currently where we could say well, you know that giant window, maybe.

H

Ought to be two smaller windows, perhaps and maybe not go all the way to the floor.

H

Or otherwise be less intrusive on your neighbor, that's it is subjective. It's not objective, but.

H

Making objective a complete objective list would, I think, greatly concern councilor bagley.

H

And it would concern me as a designer because it would get very burdensome. There has to be some.

H

Discretions, for you know, and to hear from the neighbors how how it, how they interact with.

H

Their existing properties, that's very helpful council. Thank you to follow up on that question.

J

um In my neighborhood the south end, then how would you ever approve any adu if we're talking.

J

About privacy- and I asked this question because I have I'm abutted by um let's see three four.

J

Five properties, one of my direct debutters, has three decks that directly overlook my backyard.

J

The neighbor behind me is five apartments that neighbor's three condos, the other than their.

J

Three single families, one with no parking how in in all of those cases, everyone can.

J

See into my yard into my house, you know, and I think that that's the case for most people in.

J

My neighborhood, so how could you meet this standard of privacy say in my neighborhood.

J

Wouldn't you just be automatically ruling out adus for that neighborhood I've got it.

H

It's contextual in your neighborhood. The context is different than it would be in other parts of.

H

The city, if you're talking about two acre lots and that that contact that context has a certain.

H

Level of privacy that's expected and pre-existing in your neighborhood. You have a different type of.

H

Privacy, that's pre-existing and contextual with your neighborhood. So if what the neighbor is.

H

Proposing to do significantly decreases that that's something for the board that we would.

H

Consider but if it's pretty much maintaining the same status quo that you already because that's.

H

Why you live there? One of the reasons you lived there because of the context and the character of.

H

That neighborhood, that neighborhood is different. It would be treated differently than somewhere.

H

Else now to quantify that would require how many zones do we have. I need how many different.

H

Neighborhoods, do we have how many lot sizes do we have? It would be a huge table. I think this.

H

This language gives the reasonable discretion to do that and to address exactly what you're saying.

G

Which underscores why an as of right pursuit is so challenging that that's a great answer.

B

It's a correct answer: the impact on privacy is calibrated to context and and that's why it's.

B

Near impossible to write a code, that's going to avoid a public process just for avoidance.

B

Just for speeding up something uh you, you need to have that case by case review, to get it right.

G

Other questions as we get closer to public comment, counselor yeah, just a couple technical questions.

F

um Generally speaking, when we build in dense neighborhoods, the cost to the city is less.

F

Because the sewers, the infrastructure has to be extended less so to speak. So if you had more.

F

Homes per say, unit of length per mile, the overall tax burden for the city as a whole would be less.

F

Versus if we had five homes per mile versus say 15 or 20 homes per mile yeah, so yes, yes, uh that would.

B

Be true if you're, if you're a non-urban example, was new construction where infrastructure exists.

B

There's typically never going to be a case where an adu is going to require an upgrade to a water.

B

Or sewer main so you're right, there's an economies at scale of building dense, but adus are going to.

B

Follow something that's already there and so that water and sewer will already be there to.

B

Be tapped perhaps with another connection, but it shouldn't cost the city any more money to put an.

B

Adu in one district versus another, I'm not seeing that okay! So considering that we'd probably get.

F

Additional tax revenue- if you take the school component out yes, edus- would have a net benefit.

F

Anywhere regards to taxpayer burden, and then the other question I would have is- and this may.

F

Be more for counselor denton, but ecologically speaking, adu should be a a win. You know from a.

F

Almost all the environmental factors I can think of somebody living in adu versus a new, uh a home.

F

In a new development somewhere else in town, it would be much better for global warming and things.

F

Like that, for them to choose an adf, if, yes, if you do it right, if you do a bad adu, no um so yeah, I.

B

Mean obviously, the most efficient way to live is in a high-rise from an ecological standpoint.

B

So there's a lot of ways you can live. These are small single-family homes when they're detached.

B

They're apartments when they're inside so it it again will depend on the case, but I think most.

B

Instances are going to be that conclusion. Okay, thank you. Any other questions from the council.

H

Do you have one other point that trevor trevor did mention? We discussed this earlier today.

H

The idea of allowing a certain category of 600 square foot units, I think, is important.

H

For the affordability goal of the council, because the current market, especially if, if.

H

The minimum is 750, I think, you're only going to see 750s the market will drive people to build.

H

But they can because- and it's going to cost more to do it so they're, going to ask more for rent.

H

They're going to ask more for sale if they end up selling them, which, with it as a package, but.

H

If you provide an avenue for smaller units, which are only very few as we discussed, then I think.

H

You're providing additional opportunities that for additional type of affordable affordability,.

H

This is 20 difference in square footage between 600 and 750. It's not insignificant so for your.

H

Consideration it's pure policy. I acknowledge that so, but I just want you to be aware of that.

G

All right um we'll move to public comment. I think we had a lot to consider through.

G

This work session, I implements to the land use committee for getting all the input up front.

G

I would just add from my own vantage point: we have input from people who already have.

N

Houses and we as a council also have to think about and represent people who need houses.

G

So public comment: um do we have a sign up sheet little homework sessions? All right, if I may.

C

Counselor, um if you're on zoom and you wish to provide public comment, please raise your hand and.

C

I'll, let counselor tabor know you're interested in speaking we're going to go to that. uh Yes, sue! Go.

G

Ahead, we'll just go in line up as you need to sue polydora middle street any of this twitch mic. This.

M

I just I've been listening and I just wanted to share this with you. It's kind of a little.

M

Tongue-In-Cheek kind of thing I was looking at some uh all news, all newspapers at the.

M

Library portsmouth herald and I happened to come across this headline and I said oh.

M

This is interesting. The workforce housing problems outlined at city council meeting.

M

City board city planning board to seek solutions dated january 1941.

M

So I'm saying this just to say this is a a problem that has been long in coming. It's not going to be.

M

Solved overnight, I saw it come in the 1990s when a lot of people just couldn't afford anything and.

M

They were moving north to somersworth in rochester that they just kept going north.

M

It's not going to be so overnight and two or three.

M

Four or five housing units is not going to solve it. This is a long-term issue.

M

um Just wanted to say that, because you got to keep that in mind, nothing that you do today.

M

Or judge you will do in the future, it's going to solve this. This is a matter of economics. So do the.

M

Best you can. I just wanted to share this with you to see. You know that this problem has been around.

M

For a while what solved this problem was december. 7 1941. solve this problem because then we were.

M

At war and they put housing everywhere, they could find a place to put it and the federal government.

M

Cover the cause, because the population at the shipyard working at the shipyard went from it.

M

Just quadrupled almost overnight and they needed a place to put all those families so anyways. I.

M

Found this I thought it would be interesting a bit of data to share, so thank you. Sue.

G

O

O

We are here tonight reviewing the ad ordinance again.

O

Even though some of us attended all of these meetings- and this was considered ready for.

O

The city council approval council bagley 20 amendments. I counted them.

O

To those of us who listened to councilor bagley at the four three council meeting.

O

And then had to go back and listen again as city councilor bagley stated the reason he.

O

Did not participate in any of the numerous meetings on adus was due to the fact that he.

O

As a city councilor, who has been on in office for 15 months, was confused by the right to no law and.

O

Thought he would create a quorum because he was counting on the mayor as attending the meetings.

O

Councilor bagley's revelation here was enlightening and frightening.

O

Counselor bagley had you research, the relevant new hampshire, rsa 67472, govern a.d governing.

O

Adus and city zoning ordinance, like those of us who had been working for months on this.

O

We would not be here tonight and the mayor obviously had other things to do.

O

After months of meetings of discussion at the land use committee, land use board numerous.

O

Meetings of public and non-public input from various public parties, including a five fifty.

O

Thousand dollar consultant input from three planning board meetings. First, reading at the.

O

City council, public notice, here we are 20 amendments not to mention the dollar spent.

O

On staff time legal department, mr craignell, who did a fantastic job tonight and at the.

O

Rest of the meetings considering the workload he was dealing with and also council moreau.

O

The city regulations that you deem unnecessary in your memo are all covered in the rsas.

O

674 72 number 1 to 10. summarize what you deem unnecessary appears that you are saying this.

O

Should be a just a drop whatever you want and call it an adu. No restrictions in heights sides.

O

Massing aesthetics, compliance and consistency with the character of the existing neighborhoods.

O

In portsmouth, for some of us who've attended all this meetings. This is very frustrating.

O

Also, as discussed by mr crack now and the planning chair most of the aesthetic descriptions in here.

O

Are required for single family homes, those of us who had to go through the boards for all of that.

O

Are very I don't know, I don't know what the word is, but it seems like you're misplacing, the rest.

O

Of us just to do this and complete some kind of assignment that you have the other thing I like.

O

To address councilor table for three minutes yep, the other thing I'd like to address is the.

O

Question that you asked on uh putting something by administrative approval in a backyard there.

O

Is something called due process for all the rest of the abutters? We are all about us to somebody.

O

And personally, and this this was discussed in the first meeting and.

O

Council moreau will tell you this was my biggest pet peeve that I.

O

Do not want to wake up one morning and have a bulldozer in my backyard.

O

Next door, putting an adu in without any notice, I am entitled as a property owner to due process.

O

P

Good evening my name is greg mahana of aviation avenue.

P

This ordinance has been reviewed, edited, debated and presented over the course of the year nick.

P

Gave you an excellent summary this evening of the accomplishments now here we are tonight because.

P

One counselor, coincidentally one who is on the land use committee, but chose not to participate.

P

In the land use committee decided by submitting an email to the city manager on march 29th that.

P

He wants 17 changes in spite of never voicing any of these possible changes before march 29th. This.

P

Should be com considered a complete rewrite and in legal terms, it's called substantial change. What.

P

That means is you can't pass it that way. It's got to go back to the planning board. These 17 changes.

P

Are an insult to the people who have devoted their time to craft this revised ordinance, councilor.

P

Bagley, I suggest you participate next time before you make these kind of changes at the last minute.

P

Note to the council here in the last 12 months, the portsmouth planning board has approved two.

P

Adus that were presented to the planning board by owners or builders with zero professional.

P

Help no engineers, no lawyers, no nothing. It was approved with handwritten plans. Look up the.

P

Minutes, I'm not making this up, this process isn't broken. It only requires modernization.

P

This over the last 12 months is exactly what everybody has done: modernize the process here.

P

At the 13th hour, we don't need to rewrite it. Furthermore, as a portsmouth landlord, additional.

P

Housing will not change housing costs by one dollar. Housing in portsmouth is priced per.

P

Bedroom period, this is whether it's an apartment in a multi-family above a garage in a backyard or.

P

In a complex or a detached at you, adu portsmouth demand exceeds supply because we are desirable.

P

In closing, I remind the council of substantial changes, certainly 17.

P

Proposed amendments require that the ordinance returned to the planning.

P

Board prior to senator kent city council contemplating any further action. Thank you.

G

Thank you greg.

Q

Liza hewitt portsmouth. According to the adu summary report of july 2022, there had been 37 adus.

Q

Approved and 15 built, the problem is not with the application process and the alleged restrictions.

Q

Of the adu ordinance, the problem lies in what happens after they are approved and why they.

Q

Are not subsequently built? How do some members of the city council equate adus with affordability.

Q

Where is the research that shows that when an adu is built, it is rented at an affordable price.

Q

Counselor bagley said at the april 3rd city council meeting quote: adus are the best. Are the.

Q

Single best way to provide affordable housing in our city without affecting the taxpayer.

Q

Apparently, some members of the city council believe that allowing adus to be built in.

Q

Any neighborhood in the city with literal or no regulation is good for portsmouth.

Q

Well, here's a little research, an adu costing three hundred thousand dollars to build using.

Q

A residential loan at approximately six percent for 15 years would cost.

Q

2531.57 monthly, if you add taxes, insurance, water and sewer, the rent would be close to.

Q

Three thousand dollars per month, just to break even adus, are affordable. If you are potentially.

Q

Weighing placing a family member in assisted living versus building an adu to build an adu.

Q

To place on the open rental market, the rent is probably not going to be affordable added.

Q

To the cost of building the unit and the rent, you would need to charge to recoup your investment. Add.

Q

The fact that now you need to be the landlord with all of the headaches that come with that.

Q

And it becomes increasingly obvious why so few adus have been built in portsmouth since 2017.

Q

However, with all of that said, in a process that took close to a year's time, the ordinance that.

Q

Has been presented to you this evening is the ordinance that you are being asked to approve.

Q

But wait at the 11th hour comes counselor bagley, with a proposed 20 changes to the adu ordinance.

Q

In the packet which essentially guts the work done over the past year, are you still proposing those.

Q

20 changes that were in the packet, mr bagley, you did not show up for one single meeting, councilor.

Q

Bagley, I know because I was at every single one of those working with committee members.

Q

And the planning department staff to craft a strong adu ordinance, which I believe this is.

Q

I feel that adus have a place in portsmouth and while I don't agree with every standard in the.

Q

Proposed ordinance, I feel it is a good compromise for the city, how disrespectful mr bagley of you to.

Q

Come here and propose to omit our architectural standards and subordination standards.

Q

In the proposed ordinance after a year of work by all who were involved, you could have brought.

Q

Your concerns to land use committee anytime over the last year in person or in writing.

Q

You didn't show up mr bagley, not for one meeting. You are very good at telling everyone else that.

Q

They should listen to the experts. Well, there are plenty of experts involved over the past.

Q

Year and you are not listening to any of them, I urge you city council, to pass the adu ordinance.

Q

To second reading, as it was presented to the city council at the first reading, and then of course,.

Q

With some of the legal changes, I understand we're in three minutes. The ordinance is well crafted.

Q

And is one that will work for all residents in the city, both adu builders and adu, abutters and.

Q

I'd personally like to thank nick pracknell for his awesome work on this, I know how hard you've.

Q

Worked on this, and I really really appreciate all you've done. Thank you. Thank you. Eliza.

C

We did thank you.

C

Council, while we're waiting, we have one hand on zoom. You want.

C

To take that sure, let's do that esther kennedy please go ahead.

C

Esther you can unmute and go ahead.

C

If you're speaking, we are not able to hear you.

G

uh Should we go here again, I think we heard you now.

R

Can you hear me now? Yes, oh hi, this is esther kennedy, 41 pickering up portsmouth and I would.

R

Just like to reiterate what I've just heard from many people, um we have been at this for a long.

R

Time no, the city has been at it. The counselors that have sit on the committees have been involved.

R

Many residents have attended I've attended the ones I could attend and we're at the 11th hour.

R

And this has dropped on us. I heard tonight that we're really worried about housing enforcement and.

R

I don't disagree, however. I was really upset the other night when the council had an opportunity.

R

To make sure a developer, followed the process and had housing and they decided not to vote for it.

R

So for counselors to sit there and say this adu process and the reason we're.

R

Not going to give public input on it is so that we can add more housing is ludicrous.

R

They should have thought that last monday night, when they voted to give the developer the right of.

R

The way and took away some housing for portsmouth, so I would hope that we can go forward with what.

R

Everyone negotiated- and I was not in favor, I'm still not in favor of the whole plan. However,.

R

There's mediation involved, and that happens in a public process where people have input.

R

So I would ask the council to move the forward. What was presented during the.

R

First, in the beginning of second reading to the council and move that plan forward and then, if.

R

There's something down the road you can always come back to it, but that was well worked on by.

R

Many many people in our community and it's really sad that one or two counselors came forward in.

R

The end and wanted to upset and change everything, thank you and have a good night. Thank you. Esther.

C

Counselor, we also have zelita morgan on too okay. Let's do that.

C

Go ahead, zelita director.

N

We are not able to hear you are living force, we're having trouble hearing you, please um mute your background and speak clearly.

N

Can you hear me better, yes, okay, so I want to thank all evolved. Land use boards, uh residence.

N

For showing up and sticking on, the topic is very important, afforded affordable housing.

N

Is the initial we know? This is a regional issue, but fort smith, like uh one other residents, spoke.

N

The desirable place to live and if we believe that these ages are going to be affordable, I'm.

N

Sorry they are not going to be so. I think, before you're looking to I'm going to throw something.

N

On the table, I think number one. I really think that should move forward to second breathing the.

N

Council should just move this forward. There has been months and months of work and good work and.

N

Compromises me and compromise isn't good. I hope you will honor that so my my what I want to put.

N

On the table for consideration, and another time is, if we want to expedite you- know, access to housing.

N

And we want to make it affordable and I heard counselor table talking about.

N

um Give home to people I want to raise the point of keep people in their homes.

N

So, by allowing long-term rentals in honor occupied residences, so you are actually helping.

N

To create a space that will be more affordable, um environmentally friendly and helping a neighbor to.

N

And not create so so it's best, I don't think it's you know.

N

I I don't see any hurdles or big hurdles on that, but just for consideration, I think it is.

N

Important to to it to discuss affordability on a regional scale, not only in portsmouth.

N

And I also believe that keeping your neighbors keeping the character of our community right.

N

Is important and the character of our community is also the people who live here.

N

Our neighbors so anyways, please move this forward. I hope you do. Thank you so much. Thank you.

S

Good evening elizabeth bradder property owner 159 mcdonough street, I want to thank nick cracknell.

S

And miss moreau for guiding us and really working with everybody involved. There were.

S

A lot of different opinions going in a lot of different directions for all of this, I needed.

S

An excellent job- and I really appreciate it- I provided you with dimensions for the average.

S

Apartments to look at total living space, that's just to give you an idea what you can do with 750.

S

Square feet and you can do quite a bit. The cost of contract construction has pretty much doubled in.

S

The last three years and to add an adu much less a dadu will likely not provide low income much less.

S

Workforce housing rental rate excuse me rates. It may provide some relief for retired members.

S

Of the community to be able to afford rising tax expenses over time, but just think about.

S

This before you run out and go add an adu, because you want to save on taxes. Is that your taxes will.

S

Probably go up because you have an adu, adus and dadus are great ways for families to be able to.

S

Keep mom or dad in their original home and provide a family member or a caregiver a place to live.

S

The cost between assisted living and building an adu would be significantly less.

S

It may also be less than providing room and board at for your college student, and you can turn your.

S

Sons and daughters into your tenants, if you can get them to pay rent, it may be something.

S

Developers provide instead of a rumpus room over a garage when they're building new homes.

S

Updating accessory dwelling units in the city's ordinance was really necessary. I talked to a few.

S

Engineers about this, and many of them said to me that portsmouth has some of the better.

S

Ordinances regarding that, but they were still very confusing and they really needed more guidelines.

S

Accessory dwelling units can be added just by administrative approval or providing notice to.

S

The neighbors is a great idea, the opportunity to add them with the conditional use permit.

S

Is also a great great idea allowing for some of the existing variations on many properties.

S

Ultimately, the changes presented today by the planning department provided by the land use.

S

Committee, which brought together surveys, public import, brainstorming, pitfall reflections and ways.

S

To produce best outcomes should be approved as written. These were approved by the planning board.

S

And what are before you today for review are the best combinations of existing ordinances, new ideas.

S

Protections for directive butters protections for those who want to build them and protections.

S

For entire neighborhoods, many loopholes have been closed and expectations have been clearly defined.

S

To aid in understanding the process, please do not throw out the baby with the bath water if extra.

S

New units are added to a piece of property. More parking is always needed. Many of these.

S

Areas where these units can be built already have parking issues, and if you want to annoy.

S

Neighbors just add another unit to your building, so you can take more parking spaces on the road.

S

As can be seen on the living space, the total living space flyer that I gave you a lot can be.

S

Done with 750 square units, the land use committee was available for letters, public comments for.

S

Weeks on the subject via zoom email or in person, there are planning board meetings where public.

S

Comment could be made as well the hours of work that went into updating the ordinances to meet.

S

What the city council asks for the import that was provided by many to create art to create what rsa.

S

7472 and its accompanying regulations required was made easier and clearer for the citizens to use.

S

Please approve these ordinances as they stand. I believe there is something wiped out. I noticed.

S

On 10 18.32 and 10 18 forward three minutes that two bedrooms were marked off and I believe nikki.

S

Said two bedrooms are in so I just want to make sure that gets, checked off and remember.

S

The reasons we have ordinances today is because neighbors are not self-regulating. Neighbors do.

S

What they want and that their neighbors get mad about it too bad. So don't expect neighbors to.

S

Watch out for each other, it doesn't necessarily work the way we want. Thank you. Thank you. Liz.

T

Good evening councilor tabor, ladies and gentlemen, page trace27 hancock street.

T

I'm here tonight, not because I went to every meeting like some of the.

T

Invested residents did here, I'm here tonight to personally say thank you.

T

To councilor moreau to mr tabor you're, also your um senior planner mr crack. Now.

T

um Counselor tabor, I I do somewhat take exception to you saying that every time someone gets up.

T

Or somebody goes to a meeting that they're speaking out because they're against something.

T

They aren't, there are residents in this room today, who spent hundreds of hours.

T

So I'm just here simply to say thank you to those invested residents of this city who thought enough.

T

Every morning there was a land use committee meeting that took time out of councilor morose.

T

Morning but she was invested enough to be there along with nick cracknell and other people in this.

T

Room and they went to those meetings and they worked on adus. They worked on the best process.

T

Possible and a modernization of something that was probably some would term archaic.

T

So I'm here simply to say thank you to those people tonight, it's the reason I came and.

T

I'm here to say to counselor bagley, who never showed up to a meeting. Why.

T

Why did you think that you could simply just say that it might be a quorum issue.

T

When it wasn't there, were you know what, how can you do this? How can you bring 20 plus.

T

Changes to something that people worked so hard on, that was there were experts working on it.

T

And I realized you'd like to change the aesthetics. But frankly those aesthetics are a road map to get.

T

People to the end result quicker so, while you're so busy trying to cut them out or the parking.

T

You know, maybe you should listen to counselor moreau or listen to the head of the planning.

T

Department or listen to the city manager or the senior planning developer because they.

T

All actually are experts, and they know so I'll put my faith in them next time and thank you. Counselor.

T

Moreau for all the time you put in and everybody you listen to, god bless you. Thank you. Paige.

G

Anybody else would probably comment.

G

All right, no more public comment, I'll close that part of the meeting and.

G

um If there are any other, no other questions or.

G

Comments or discussion we'll uh wait for a motion to adjourn. Second, all in favor.