City of Portsmouth, New Hampshire Board of Adjustment, 15 Mar 2022

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3.15.2022 Board of Adjustment

A

Good evening, everyone and welcome to the zoning board of adjustment, regular meeting.

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For the month of march and uh this evening we have a couple of announcements uh right up.

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On the top of the meeting regarding the agenda for this evening, uh excuse me uh one is that the.

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Request relative to a project over in reigns avenue area has been uh requested to be postponed.

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And that is at the specifically the appeal of duncan mccallum, the attorney for the appellants.

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Which is a group of citizens, uh residents of the december 20 december 16 2021 decision of.

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The planning board for property located at 31 reigns avenue, 203, maplewood avenue, and one reigns.

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Avenue it will not be heard this evening, hoping no one's come just for that.

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Be due to a stay order issued by the superior court, in other words, it's not before this board.

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And I wish I could tell you if it will ever appear before this board, but at this point we simply.

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Do not know so if anyone ever wants to know the status of something like that.

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You're welcome to call city hall ask for the planning department and they can fill you in on.

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What it is so that is uh on indefinite hold as far as this board is concerned. uh Secondly,.

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Excuse me: we have a request to postpone a couple of things which we'll get to in a few minutes.

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But meanwhile let me just go through the procedure for this evening and I'll start.

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Out by asking mr stith of the planning department, if he would explain the participation by people.

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For the via the zoom technology, thank you, mr chair, for those participating on the zoom call.

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If you would like to make a comment during any of our public hearings tonight,.

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Please use the raised hand icon and we will call on you and then allow.

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You to speak and make your comments for that public hearing. Thank you very much.

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We'll take things in order on the agenda and the first order of the business on the agenda.

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This evening is approval of minutes and before we go into that, let me just explain briefly: the.

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Rules of the road as it were, that we conduct under which we conduct this evening's business.

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When someone has a petition or a request or a case, however, you want to phrase it to present to the.

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Board they'll come up state their name and address and uh present in in 15 minutes or less present.

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The case if 15 minutes seems to be insufficient, we ask that people request an additional.

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Five minutes before they begin speaking, that's just to keep everybody on the same page as with.

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Respect to the length of deliberation uh after the after the board has ans asked any questions.

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If we have any I'll ask for people to come up in order first, those who are in favor of the proposal.

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Limited to five minutes; secondly, those who are opposed to the proposal limited to five minutes.

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And then the last call, which is two for or against, if someone wishes just to address.

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Particular points but they're not arguing for or against it they can come up at that time and those.

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Comments are without limitation on time, except that we obviously ask people to be pertinent and.

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As specific and as succinct as you can, with with respect to the comments that you have.

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For the board, after that's all done, we'll close the public hearing and then we'll take.

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A vote and that's and the vote can be up down or up with stipulations.

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Or postponement which we try to try to avoid. So that's the that's the procedure and.

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I'm going to ask mr uh no no, I think now I take that back, I'm going to go right to the.

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Minutes which is on the agenda and that the first set of minutes we have first, is for february 15th.

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One month ago, uh is there a meltion or a comments with respect to the minutes and specifically does.

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Have any have any any questions, or any comments is something that needs to be.

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Changed I have a comment about the first sentence. Thank you, mr rossi. Yes, I have a comment about the.

C

First sentence: on page six: I think the indefinite article a should be replaced with the word. No.

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Okay, which, which page you want again place six page six yep.

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Would you read it as as you think it should she said it failed on a few things, including that.

C

There were no special conditions of the property that rendered that there was, and it says a but.

C

I think it should say no fair and substantial relationship between the general public purpose.

C

Of the ordinance et cetera, et cetera, okay, thank you. Anybody any comments on that. Okay, any anything.

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Else from anybody, no is there a motion to uh approve the minutes as amended by that comment,.

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Thank you. Thank you, mr lee. uh Second, to that motion, mr ossi. Thank you.

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Those in favor voice vote will do please say aye aye. Thank you. Okay, then. The second set of minutes.

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Is for the second meeting last month, which was february 23rd? Is there someone.

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Who has any comments or corrections or questions with respect to those minutes?.

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Apparently, apparently, not no okay. Is there a motion to approve them as uh presented.

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Thank you. Thank you, ms eldridge. uh Second, thank you, mr lee. Thank you.

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Anything else any further. Bearing then again, the voice vote will do.

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Those in favor, please say aye aye, aye aye. Thank you very much. Okay done all right.

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Now that takes care of those items on the agenda. We have another announcement this evening, which.

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Will catch some people by surprise? I'm sure we have a request to postpone the next month. The.

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Appeal of a planning board decision with respect to property at one congress street.

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There are two items on the agenda this evening with respect to one congress street one is the.

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Request for a uh for this board to overturn the a decision of the planning director.

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And the second one that, if that, depending on how that goes, there may or may not be a.

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Call for a variance so there's two two items with respect to that particular project and that's.

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That's something it's unfortunate. I it came, this came late and I'm.

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You know if anyone has been really inconvenienced by that. I want to apologize, but that's that's.

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The way these things go sometimes, so any any questions any comments from the board on that.

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Okay, does someone want to make so it's it's a request to postpone. Does someone.

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Want to make an appeal with resp a motion. Excuse me with respect to the first item.

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Which is the repeal of the administrative decision with respect to the height so moved.

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Thank you miss margin. Thank you, mr lee. Thank you for the that's. The second uh miss martin, your.

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Emotion, please uh nothing really to add to it just that uh the applicant has asked for a continuance.

D

Of the administrative appeal in this matter, I understand there's further discussions with legal.

D

Over it- and it seems that a one-month appeal is merited yeah, it's the first, certainly the first.

A

Time that that's been requested, mr lee anything further. uh Nothing to add. Thank you. Thank you.

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We'll do a roll call on this one, uh mr rossi? Aye? Yes, yes, yes, yes! Thank you.

B

Yes, yes, thank you yeah. Thank you engagement, ms margerson. Yes, I'm sorry, uh mr lee. Yes,.

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Mr mcdonald, yes, mr mantle, yes thank you and vacancies can't vote so they're off. Okay,.

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And this the second one is a, as I said a moment ago, is with respect to the same property.

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And that is a request to uh for variances, if, if necessary, depending on how the first vote went so.

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That one is request for postponement. Also, someone have a re, a motion with respect to that request.

E

Mr I move we uh grant that post moment as well. Thank you, mr lee. Thank you.

A

uh Is there a second to that muslim to postpone I'll? Second it. Thank you. Thank.

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You miss raul and again just for clarity. That's the postponement is until next month.

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To the regular meeting of this board, the first, the first regular meeting of this board, okay.

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We'll uh take the vote uh by vote again in the uh opposite direction. Mr mantle.

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Do you vote to postpone? Yes, thank you, uh mr mcdonald. Yes, thank you, mr lee. Yes, ms margerson.

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Yes, ms ms eldridge, yes and and mr rossi, yes, thank you. Okay, that's post! That's.

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Carried so both those items are carried forward until next month, so.

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Moving moving along to one, we hope is not postponed.

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We have a issue, we have a request for 725 colonial drive,.

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This is an item of under this is the first item under new business, and it reads as follows:.

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The request of kelly rose shea owner or property located at 725 colonial drive.

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Whereas relief is needed to demolish an existing garage and construct a new 24 by 28 foot addition.

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With single car garage, which requires the following one variances from section 10.521,.

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To allow a a five and a half foot right side yard, where 10 feet is required.

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B, a 20 foot rare yard, where 30 feet is required and see a 20-foot front yard where 30 feet is.

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Required and d a 25 building coverage where 20 percent is the maximum allowed.

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Secondly, a variance from section 10.321 to allow a non-conforming building or structure.

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To be extended, reconstructed or enlarged, without conforming to the requirements.

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Of the ordinance said, property is located on assessor map 260 as lot 14 and lies within.

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The single residence b srb district, who speaks in favor of this proposal, please.

F

All right good evening, uh ladies and gentlemen of the board, uh my name is nick geist. I'm.

F

Kelly shea's uh husband, uh co-owner co-owner of the house at 725, colonial.

F

It's both our primary residence as well as our 14 month old son wyatt. Welcome. Thank you. Yeah.

F

So I'll give you a little bit of background. First, we bought the house in 2016 and uh it was livable.

F

But we we've been working on it ever since, uh bringing it up to date. Our latest project.

F

With the with the birth of our new son, we realized that kitchen space was getting a little tight.

F

We we haven't had a dishwasher since we moved in uh there's no space for a formal, dining room table.

F

So me and my uh my father-in-law richard shea we were, we drew up a couple ideas to.

F

Renovate our kitchen, but the same questions kept coming up. We still don't have a lot of space.

F

And there were other issues like our garage, which is really only a garage in name. It's very small.

F

Just doesn't even fit a car in it and there's no access regress to and from the house from it.

F

um So we decided to start thinking outside the box literally and.

F

Tonight I am proposing a 24 by 28 edition, um where the existing breezeway and.

F

Garage are we'll tear those down relocate the main entrance of the house to the addition.

F

uh Right now, we just have concrete cast steps and you know wrought iron railings.

F

uh As a main entrance we'd like to demolish that uh replace the door with a window.

F

And, like I said, relocate the main entrance to a 5 by 15 foot porch in front of the kitchen.

F

Then, for the nitty gritty details, the existing kitchen we'd like to convert into a third bedroom.

F

If or I should say when our family expands even more, we'll have more flexibility with.

F

Third, bedroom and that'll allow us for more space for a pantry, a couple closets.

F

And uh the coat closet, that's currently in the living room, where we'd like to.

F

Merge with our master bedroom closet give ourselves a big ol.

F

Master closet so to the variance like you, like, you mentioned we're requesting a variance for.

F

The front, rear and side setback of the right side setback um right now. Our setbacks are.

F

25 and 20 feet front and rear respectively we're already on a non-conforming lot. So.

F

Any any changes we'd make would need a variance here um and then, as well as the variance for the.

F

Garage on the right side against our neighbors to the right, I did talk to both my neighbors.

F

um Angie on the right and bob behind us- and I showed them the plans, I showed them what we were.

F

uh Suggesting we do and they they seemed very happy to see us adding on to the house.

F

In the in the examples I show on my uh proposal, the two of those are actually both those neighbors.

F

So uh I understand that the board doesn't grant variances based on precedent, but there are the two.

F

The two houses that about ours, their garages, are right on the property line, much closer than five.

F

And a half feet from what I'm asking so beyond that I'd just like to touch on the five points.

F

At a 10.233, the variance will not be contrary to the public interest. um Like I said, there is.

F

Precedent, panaway manor, a lot of the houses are on non-conforming lots and they've been renovated in.

F

A similar style to what we are proposing, we believe it will be aesthetically compatible.

F

With the neighborhood and um will enhance rather than then diminish the properties of our neighbors.

F

um With that, the spirit, the spirit of the ordinance will be observed.

F

We feel our requests are reasonable, given the precedent set by numerous other properties in the.

F

Neighborhood the addition will line up with the existing house. uh The roof line will be at the.

F

Same height, so it'll blend together as one dwelling us substantial justice will be done.

F

I can safely say our family's quality of life will greatly grow from this addition.

F

Like I mentioned before, current garage doesn't provide access regress to and from the house.

F

This addition will provide that it's growing challenging to move our sun in and out of.

F

Cars, especially when the weather's foul in this from a safety standpoint, it'll be much easier to.

F

To tackle the logistics of moving around a 14 month old.

F

As well as open up our house to uh yeah a bigger dining room, bigger kitchen um I'll, be able to host.

F

Thanksgiving and not be embarrassed by people sitting on the couch. That kind of thing um and.

F

Then the additional bedroom, like I said when our family inevitably grows again, we'll have space for.

F

Another bedroom values of our of surrounding properties will not be diminished. I'd argue the.

F

Opposite uh we're going to be dumping quite a bit of money into this edition, and it will certainly.

F

Raise the value of our house, which I believe would would uh benefit the surrounding neighborhood.

F

Like I said, there's been a lot of renovations in that neighborhood lately, one of which was my.

F

Grandfather who lives at a 7-12 colonial driver? No, I'm sorry, 412 colonial drive a very similar.

F

Addition to ours added on a garage right off the side and his house looks great.

F

And then literal enforcement of the provisions of the ordinance would result.

F

In an unnecessary hardship, um if, if this is variance, is denied, um then we can't create.

F

More space, um like I said our house is already within the allowable setbacks. It's of the.

F

Of the uh code, so we wouldn't be able to add anything, we'd be back to square one. uh Renovating.

F

A kitchen with not a lot of room to work with, like I said, with our house being on a non-performing.

F

Lot any change to our footprint would require a veteran saying anyway. So in conclusion, this.

F

Edition would greatly help our family and uh help us continue to be happy residents of portsmouth.

F

And especially panaway manor, uh where we hope to grow our family even more over the coming years,.

F

um I'd like to thank the board again for your time and consideration in uh raven's proposal. Thank.

F

You thank you very much uh any questions before you leave any questions from the board. Mr mantle.

G

Yes, um thank you um very nice. I've noticed in the drawings that the current garage.

G

You're getting rid of yes and building a new one on right, correct! Okay: what is the current.

G

What is the setback currently for the the garage? That's right now, it's greater than 10 feet. You.

G

Don't need a variance for that correct, yeah, okay, yeah! I believe it's about 14 feet. Okay, thank you.

A

And any anybody else miss margin. So I note that the this is a.

D

Very small lot in comparison to what is the minimum allowed for the single resonance b.

D

Which is 15 000, but the um so I understand it's a tight space, but your right yard setback is going.

D

From 18 feet to 5.5 and that's a significant reduction um and again the building coverage.

D

Is going from 17 to 25 percent when 20 is percent as a maximum allowed.

D

And that again is a you know on such a small lot of such a significant. um Is such a significant.

D

Increase so in terms of the breezeway and the kitchen, expanded kitchen and the garage. What.

D

Is really mostly accounting for that increase in the building coverage? Well, both the garage and the.

F

Kitchen they're, both 14 by 24, so they're I'd, say they're they're, both equally contributing to that.

F

We had bounced around ideas, varying varying the size of the kitchen varying the size of the garage.

F

Trying to find a happy medium because, like of course, I don't want to be right up on on the.

F

Property line there is a there is a privacy fence on that side which helps with the barrier so that.

F

We we felt that the 24 by 28 was a good balance between what we're looking to accomplish from this.

F

uh Project and uh observing the spirit of the ordinance.

D

So the garage is bigger than the current garage. It is yes, you'll be able to fit a car. Okay. Thank you.

D

With regards to mr, yes, with regard to the setback, it looks from the diagram just correct me. If I'm.

C

Wrong on this, that, on one side of the addition, you're almost at the 10 feet and at the other.

C

Side like at the top there you're just at about the 10 feet, without your that's required, so.

C

Really, the problem here is that the lot is angled and that's why it goes down to five and a half.

C

Feet, correct yeah, we're on we're around the corner and it is an abnormally abnormally shaped lot. Yes,.

C

Very good, okay, thank you.

A

Excuse me any anybody else, anybody else on the board, any more questions, no okay. Thank you very.

A

Much is there any one president would like to speak in favor of this proposal. Please please.

A

Come up and give us your name and address if there is someone who wants to speak in favor.

A

Seeing nobody uh is there, anyone who wants to come up and speak in opposition to this.

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Proposal any anyone, okay last call too for or against any speakers at all any speakers.

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On this at all, apparently not anybody on the zoom, no one on the zoo, zoom. Thank you. Okay,.

A

All right, what's your pleasure board any comments or a motion? If someone is so inclined.

C

My only comment is that I think the proposed variances are absolutely in keeping with the.

C

Intent of the ordinance and makes this house more suitable as a single-family uh dwelling, okay, I.

A

Take take that as a motion in favor as presented? Yes, yes, yes, thank you not not to put words.

A

Just just for the right record: hey some okay, some legal eagles read it.

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Or something? Okay? Yeah! Yes, that's a second second! Thank you, mr mantle okay, mr rossi,.

A

Your motion, please, okay, I move that the variance is approved as requested.

C

I do not think that granting the variance would be contrary to the public interest, granting the.

C

Variance would observe the spirit of the ordinance, because it is designed in this section to.

C

Would you know to encourage single-family housing and.

C

This project makes the property more suitable for single-family use. I do not see any uh loss of.

C

Value or anything to the neighborhood, so I don't. I do believe that substantial justice is served.

C

And there is some unusual aspects of the property, notably the angled side yard, that make the side.

C

Yard clearance more difficult to manage than it might ordinarily be on a rectangular lot. Thank you.

A

A second um what mr rossi said: um it was a very good, complete presentation. uh The requests.

G

Are small, in my opinion, even for panaway manor, uh which practically.

G

Every house there is non-conforming, so um I will support the uh motion. Thank you.

A

Anything further from the board. Any last comments, not oh, let's the motion is to approve, as presented.

A

I'll start down the left with mr rossi: yes, ms eldridge, yes, mr martin, ms margerson excuse me.

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No, mr lee, yes, mr mcdonald, yes, mr mantle, yes and I and the jailboats yes as well,.

A

Thank you very much, so we're done. Thank you all right.

A

All right moving right along to the next item on the agenda.

A

As soon as I can get my pile of paper shuffled here.

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Next, I item be on the agenda under new business this evening.

A

Excuse me is the request of christopher s and kristen l martin owners for property located.

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At 27 sewell road, whereas relief is needed to construct a rear edition with two decks.

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And a 10 by 10 foot shed, which requires the following one.

A

Excuse me varian variances, from section 10.5 to 1 to allow a a 6, 6 and a half foot.

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Left side yard, where 10 feet is required and b a 22 percent building coverage where 20.

A

Percent is the maximum allowed said. Property is located on assessor map 170 as lot 12 and.

A

Lies within the single residence b, srb district, who wants to present this to the board? Please.

H

Good evening, good evening, chris martin, I'm here to.

H

Speak on behalf of myself and my wife, kristen martin.

H

This application was prompted. We did a I'm, a local builder based in portsmouth. We did a major.

H

Renovation on this house in 2018, which was designed by us before we had children.

H

And now we have two kids running around and we are looking to add some more space to sprawl a little.

H

Bit we basically have one common room in the house that we're all cohabiting together, so the goal is.

H

To add a 22 by 24 edition in the back of the house that would allow us to.

H

On the floor plans, it shows it allows us to have a kitchen and or dining room table.

H

Multi-Use eating area that kind of overflows into a living space. Right now we have just a kitchen.

H

And kind of a sitting area, so that would be the purpose of the addition. The two decks.

H

This addition displaces the current deck. That's right in the middle of the house,.

H

And so we're hoping to add a deck on either side with an egress out to get.

H

Kind of symmetrical flow to the use of the backyard and play space for the kids.

H

The shed is crucial for us as well, because we have everything that would need to fit in a single bay.

H

Garage plus our entire lives, because we don't have a bulkhead to our unfinished basement. So.

H

It is very congested and we're hoping to get added space for lawn mowers, snowblowers rake spikes, etc.

H

In essence, this proposal is to get more living space for our family and more usable storage.

H

As well uh to jump into the five points, um I'll I'll add one more thing actually.

H

Similar to the last application, the the relief that we're looking for is the south side side.

H

Yard setback we are intending on keeping the same plane as the existing house, so we're not.

H

Proposing to encroach any more than the plane of the existing house, I guess the lot is tapered. So.

H

Where we have, I believe it's an eight-foot setback on the house, as the lot goes towards the backyard.

H

That plane, just it it crunches that dimension a little bit and that's where the it's actually 6.8.

H

That side yard said, but that's what we're asking for relief there.

H

um The variance is not contract to public, uh contrary to public interest. um We've.

H

Talked to almost all of our neighbors, we in this neighborhood we have a lot of abutters. We share.

H

A fence with six other properties just because a lot of them corner out to our our lot. We know.

H

Them all well, we've talked to them all. Everyone is in support of this addition that we've spoken with.

H

And I think that we are all in agreeance that this will be aesthetically, pleasing and.

H

Jumping into the second category of the spirit of the ordinance is observed, I think that there are.

H

Many similar additions uh in this neighborhood this this this style um of a single-story.

H

Edition is very common in the surrounding properties. um Substantial justice is done.

H

The purpose of this edition is is just to get more living space.

H

For our family, as we continue to live and grow in this in this neighborhood.

H

I believe that the surrounding properties will not be diminished.

H

I think that they'll be improved. I think this will improve home values in the neighborhood.

H

And the little enforcement enforcement of the ordinance would result unnecessary hardship.

H

This proposal this layout, the flow of the edition, is.

H

It leans itself to have a deck on either side of it and clearly that's what will put us over.

H

Our lock coverage and is what is pushing us into that side. Setback request as well.

H

um I think that you know if this was a more square lot. If this lot was 15 000 square feet,.

H

We would be under in both categories, um so I believe that this is a fair request.

H

There any questions, I'm happy to answer them now. Thank you. Any questions from the board at this.

A

Point any questions, no apparently not. Thank you very much. Is there anyone president who would like.

A

To speak in favor of this proposal, anyone in favor please come up no seeing nobody, okay, anyone who.

A

Wishes to speak in opposition to this proposal. Anybody anybody, zoom, no okay,.

A

Last call for speakers two for are against anybody, have anything to say at all. To add to this.

A

Proposal as presented, uh apparently not okay. Public hearing is closed. Thank you very much.

A

What uh does anyone have a comment on it, or perhaps uh perhaps a motion.

E

Mr chair, I just say I'd, be supporting this application in a motion to.

E

To approve it, this seems pretty innocuous and pretty similar to the last one. Okay, one thing I'll.

E

Comment that you know setbacks are: uh are there to ensure that one of the things that there's access.

E

To the property from all sides, for safety reasons for fire ambulance and that sort of thing and.

E

This increasing setback or a decrease in setback actually is pretty innocuous. The lock coverage is.

E

Fairly small- and uh you know this is all being driven by a growing family, so.

E

I'll be in support of this, this application all right. Thank you, mr lee. Any is there a second to.

A

The to that motion to approve I'll second, it yeah. Yes, thanks, ms margerson okay, mr lee motion: do you.

A

Have any other further comments? uh Well, that was more of a comment in the motion, but we can.

E

Call it a motion if you'd like okay, so I just go through the criteria all right, so I just take the.

E

First, two: together: this variance is not contrary to public interest and it deserves the spirit of.

E

The ordinance this has been driven by the needs of a growing family, more space, and you know certainly.

E

Nothing that's proposed here would be contrary to the public interest and violate the spirit of the.

E

Ordinance, substantial justice is done here that there's never any hardship done to the general.

E

Public and the benefit to the applicant is not outweighed by any benefit to the general public.

E

Certainly, a well-thought-out and well-constructed app addition to this property would not diminish.

E

Any of the surrounding properties to the commentary or probably enhance them.

E

In literal enforcement, this ordinance would result in an unnecessary hardship. The hardship here would.

E

Be not the family not being able to meet the needs for space they're growing family so for those.

E

Reasons I would, I would know that we approve this application as presented and advertised.

A

Thank you, ms martin. My second is is that I do echo mr lee's comments that these setbacks.

D

Are put in place for access for emergency vehicles and also for the movement of air and.

D

Light which has been deemed important so you know setbacks are not always de minimis, um unlike the.

D

Last application, I find that this application is more suitable because the the setback.

D

um The setback diminution on the left side is only 1.5 feet from what it is currently now. This is a.

D

Very large lot I feel like it can accommodate that and the building coverage is two percent.

D

Over what is allowed by the ordinance, um but it is you know, and that's an increase in what.

D

It is existing is existing. um Building coverage is, is under what is allowed for the ordinance.

D

So I don't believe that these variances uh unduly uh conflict with the purpose and spirit and intent.

D

Of the ordinance, so I will be supporting it. Thank you very much I'll I'll be supporting.

A

It as well uh anything on the zoom, mr mr stiff. No, no, nobody! Okay, all right! Any any further comments.

A

Before we vote, if not I'll, we'll ask I'll ask the mr mantle to stop the voting down at this.

A

End please, uh the proposal is to approve as presented. Yes, thank you, mr mcdonald. Yes, mr lee, yes.

A

Excuse, excuse me, ms margerson, yes, ms eldridge and mr mr rossi. Yes, thank you very much and and.

A

And I vote yes as well: okay, you're you're approved you're all set you're welcome.

A

A

A

We have one recusal on the next. I item here.

A

Ms margerson, that's me thank you. That's right is that still a refusal, yeah, okay,.

A

The next item on the agenda is for 189 gate street and the get my script here and the.

A

Item reads as follows: the request of and please correct my pronunciation of names or any other.

A

Words that I mispronounce request of nerd bone family, revocable, trust owner for property located.

A

At 189 gates street, whereas relief is needed for conversion of the existing garage into a.

A

Garden: cartridge with a 12 by 16 foot addition and a six by 14 foot deck, which requires the following.

A

One variances from section 10.521 to allow a thirty five point: five percent building coverage.

A

Where thirty percent is the maximum allowed and b a one foot right side yard, where ten feet is the.

A

Minimum; secondly, a variance from section 10.321 to allow a non-conforming building or structure.

A

To be extended, reconstructed or enlarged, without conforming to the requirements of the ordinance.

A

Said property is located on assessor map 103 as lot 6 and lies within the general residence b grb.

A

And historic districts who, who wishes to present this.

A

Case to the board, please your name and your name and address. If you would.

I

Kelly sanders 189 street, I'm just going to start and then.

I

Anne is going to take over so I'm pat and judy and urban's daughter. I recently took.

I

An early retirement retirement and I'm residing at my parents, home at 189 gate street because.

I

My father has alzheimer's disease. He currently needs supervision. My parents are requesting this.

I

Variance to convert their garage into a garden cottage for family or caregivers, so they can.

I

Age in their home, I'd like to highlight a few key points regarding our request.

I

My father's neurologist dr kent logan wrote a letter speaking to my dad's. Alzheimer's diagnosis.

I

He highlighted how important it is to provide a secure family home environment with family.

I

And friends nearby, which remarkably reduces the likelihood of the symptoms.

I

Of alzheimer's that my father is facing, this plan would allow our family to provide.

I

Support for both my parents as they age and need more significant care. Additionally, nancy eichner.

I

An eldercare professional with years of experience, wrote in a letter um supporting the plan she's the.

I

President of the seacoast village project, a local nonprofit organization that provides.

I

That promotes aging in place and provides resources to aging seacoast residents.

I

She knows my parents and she stressed the importance of a plan that provides.

I

A close and affordable living space for family members or caregivers.

I

I believe you have copies of both of those letters and then the third point I wanted to make was.

I

That my parents have done extensive research and planning regarding this next phase of their life.

I

They looked at options for moving to a different home situation. They looked carefully at the costs.

I

Associated with round-the-clock in-home care for two retired teachers on a fixed income.

I

They also investigated different options for building something on their property.

I

They consulted experts, including several people in the city planning department, to see what would.

I

Be most feasible for their property and that's how we landed here with this plan.

I

This evening, I'd like to thank you for your time and consideration of this plan that will allow.

I

Our family to support my parents, desire to age in their home and community that they love so much.

I

And I'm going to ask anne to now come to speak specifically about the plan.

J

Good evening, um ann whitney, I'm the architect for the project good evening.

J

um Before we get started, um we've made a revision, we got feedback and then from the.

J

Closest of butter on monday- and I took a look at it and I I've got copies of the revision here.

J

And I would um like to hand those out. I talked extensively with peter and you know we're asking.

J

For less less non-conformity, so we thought we would be able to um present this tonight.

A

We can pass them down. Thank you.

G

I think I've seen these beforehand yeah.

J

And I also have an additional a butter letter. You start down there thanks. Thank you.

G

Just one so pass it down.

J

Does everyone get a copy, yes,.

J

Okay, so um this revised plan, um there were some concerns about how close.

J

The addition was to the property line. You know anything adding on to that. Back of that garage.

J

Would definitely be non-conforming and also the size of it. So what I've done with this.

J

Plan is uh shift the shift, the addition away from the property line and downsize it.

J

So we're ending up with a 10 and a half by 14 and a half addition. Instead of a 12 by.

J

16 addition, which pushes that side set back to four feet, as opposed to just over one foot,.

J

And then downsize the deck you know in addition to that,.

J

I think if you go to page two of three, you get a better sense.

J

Well, actually, let's look at that site plan for a bit. um There are not a lot of options.

J

To be able to you know, add other structures on this property, we're inviting the point of graves.

J

Cemetery, which has a 25-foot setback, which is also the you know, zoning setback, but it's one.

J

Of those that you can't get any relief from because of the proximity to the cemetery.

J

And the existing driveway and then the yard area it just would be.

J

Really difficult to costly to you know, try to put a structure in in the yard.

J

Which would also not be all that conducive to the neighborhood in terms of views and things. um So.

J

You know when they were talking with the city: they they have. This garage, that's in good condition and.

J

The idea of adding a small addition to that seemed to make sense to be able to get just.

J

A little over this new plants a little over 500 square feet for a living space on the property.

J

You go to the, and also on that revised plan. I've dashed in the location of the.

J

Of our original proposal, so you can compare that.

J

Because the second page.

J

Shows that elevation that's against the property line because we're changing the use, the existing.

J

Garage that wall would have to be we'd, have to reside it and make that a one-hour firewall. So.

J

That would take care of any sort of fire concerns, um I'm showing the addition with a possible.

J

Transom window that that that doesn't have to be there. There was some concern about.

J

Just looking at a blank wall- and I thought that might break the wall up a little bit and then.

J

So that steps back the height portsmouth measures, building height to the middle of the of the gable.

J

So the height of the garage sort of the worst case scenario is a little.

J

Plus or minus 18 feet, the height to the peak is.

J

22.5, the addition's 15 and a half feet high at the worst case.

J

And the height to the to the absolute peak is around 18 feet. So it's not a super tall.

J

Addition, um as you can see from that view of the point of graves right now that.

J

Back of that garage is pretty much a blank wall and what I think I tried to do with the addition. I think, if you go to the next page, is.

J

To put an addition on there, that would break that wall up a bit. And if you go to page three of three.

J

The real elevation you can see it shifted over and I reduced the pitch to minimize the height. So it's.

J

Not matching the pitch of the existing garage, so we're feeling like this is a small addition.

J

And is in keeping with.

J

Keeping with you know the scale of things, if you look at that.

J

On page three of three point of graves, almost all the buildings there have additions fairly tall.

J

Existing structures and then with additions that step down towards the rear yard.

J

Get my criteria here, sorry.

J

So our um there was a revision from the peter caught from my original proposal, because I had.

J

This these existing houses got these really high, brick walls that are stick out from.

J

The foundation and I'd included those as building coverage, and he didn't think we needed to do that.

J

So um right now, with this new plan, we're at a building coverage of 32.5 percent, where.

J

30 percent is allowed and a right side setback of four feet where 10 feet is.

J

Required um again, the existing garage is non-conforming on that right side, property line.

J

And so any addition would probably be requiring side yard setback. This is our first step in this.

J

Process because we need to get a cup approval and we're going to be requesting a waiver, because.

J

For garden cottages you're not supposed to be adding on to the existing structure, so we have.

J

Some hurdles to do with this and tonight, where the process is to do the variances.

J

First and then we done we'll be going to the planning board after that.

J

Variances are not in contrary to the public interest that many properties.

J

In this, neighborhood are non-conforming to building areas and setbacks.

J

Public view of this structure from the point of graves, I think.

J

Will be enhanced by this small addition kind of breaking up that blank wall.

J

And the variances are consistent with the spirit of the ordinance that allow this.

J

Allowed change in use with the addition, which is in context of the neighborhood and that's.

J

More, the addition is in context for the neighborhood we're not really talking about the use here, even though we are changing the use.

J

Substantial justice will be done as this work will allow the owners to add this dwelling unit.

J

For family and or live-in help without adversely affecting adjacent properties.

J

We feel that you know, given the nature of this neighborhood, where.

J

Everybody's pretty close together, the small addition isn't going to drastically. I guess the.

J

The hardship to the nurbins is is greater than the smoke. What the small edition would.

J

Do to the abutting property- and I know there's a disagreement about that and you'll be hearing that.

J

But that is our feeling. The variances will not diminish the value of surrounding properties.

J

um I don't see that um properties in this area are extremely hot these days, and you know.

J

An attractive addition on a property isn't really going to change change the value of it.

J

And the special condition of this property is the non-conforming conformity of the existing garage.

J

Are there any questions.

A

Anything at this point, no all right! Thank you. Thank you. No, oh, mr mcdonald. Sorry just one there's.

B

There seems to have been um quite a bit of public comment. Yes, all of it favorable that all of it.

B

That I read was yes and I think there'll be some people speaking here tonight. Yeah.

B

Have you had anyone raise objection? Yes, the um the immediate butter who's most affected by this has.

J

Raised an objection and we started uh the nurbin started, trying to communicate with.

J

Them on february 22nd, when I had the plans done with the original and then uh this monday is when.

J

We finally got the letter from them requesting um that they were um not happy with the project.

J

And that's when I, you know quickly tried to make compromise and you know do this revision.

B

So you've been through some negotiation with them. What's that you've been through some negotiation.

B

With them some, um but uh they are still opposed and you'll be hearing from them tonight.

B

Okay, yeah, thank you and you. You do have a letter in your packet, their letter and their your package.

C

I have a question for you: how necessary is the deck to this project? It's not completely and we we.

J

Would be willing to let go of that? um I think the importance is, as kelly eloquently said, as they're.

J

Trying to solve a problem- and I know you know once the garden cottage is there it's. You know.

J

There for patuity, but in this case these our residents, I did the original project back in 1998.

J

And they're, really, you know, love this neighborhood and have been here for 22 years, and I would like.

J

To continue to be here- and we sort of see this as a path for them to be able to stay.

C

If the deck wasn't there, would you be, in conformance with the building coverage.

J

uh I think we'd be still a little bit over. I could run that calculation.

B

It would be, could be thirty point. Eight percent thirty point: eight.

J

So it would be just one percent over. Thank you yep. Well, while we're on that subject,.

A

What is the I, I can't pick out revised uh dec dimensions as proposed right at this point.

A

Oh, it's on the floor plan on the second page. It's um six feet by thirteen foot, six.

J

It comes in six inches on either side. Okay, on the second sheet, two of three, oh, I.

A

Okay, yeah all right: okay, yeah six by 13., and there are no steps to grade six months. We thought about.

J

That but then it was getting in trouble with the setback with the um for the point. Point-And-Grade.

J

Setback, so it's not essential to have steps down from a deck would just be a little a tiny bit of.

J

Outdoor space, but again they are willing to let go of that if it's going to block the entire project.

A

Okay, thank you very much any other questions on the board at this point.

A

No thank thank you very much. You're welcome who is who is president, who would like to speak in favor.

A

Of this proposal, anyone please please come up and if there's several make, would you make a line.

A

Please, and and when you do come up, we ask that you give your name and address if you would.

D

Good evening my name is linda mcvay and I live at 42 hunking street, I'm not in the butter, but I'm.

K

In the neighborhood, I'm here tonight to speak in favor of the petition by the newborn family.

K

To modify their garage to be an unattached dwelling.

K

We live in the neighborhood that has a high number of older families. The biggest concern facing older.

L

Families today is to be able to age in place. Many of us have lived in the south end for years.

K

And fear having to leave our homes if we or our partners become ill. I faced that two years ago.

K

I applied to build an addition onto my house to accommodate my husband, who had become very ill.

B

We were granted permission to build the addition.

K

And we were grateful every day until my husband died, that we didn't have to sell.

K

Our home at such a difficult time in our lives, we felt supported by our neighbors.

B

And our community, this situation is one that eventually, we will all have to face. The newborns.

B

It's an improvement that will add value to their property.

K

The modification of the family age in place.

K

It's my hope that allowing them to make this modification will show how our community cares.

B

For our older citizens, thank you thank you. Who else would like to speak in favor? Please.

B

Mechanic street I'm here to support the petition of judy and pat nerburn. Although we are not direct.

B

Butters, we have been through the board process ourselves a few times.

B

And watched many neighbors go through it, so we certainly understand what they're going through.

I

We hope this will enable the nurburnes to stay in their home. Pat and judy are the type of neighbors.

L

That anyone would love to have they're involved in many committees and events and they lend a helping.

K

Hand wherever it's needed, the rationale for their request is not unusual. The condition was approved.

B

For a similar house, which linda just mentioned on hunking street in similar circumstances and.

K

There will likely be more as we all desire to age in place. The south end itself is notoriously.

B

Tight and many of the houses don't currently conform to the zoning audience or ordinance.

K

With that in mind, I sincerely hope that this project can get the necessary accommodations.

K

To move forward, thank you thank you, and next please.

M

uh My name is pete morin. I reside at 170 mechanic street and I just it was.

C

Interesting because the two applicants prior to were talking about bringing their children.

C

Into the world and into the houses and making it larger so that could accommodate them.

B

When I moved here 30 some odd years ago, I spent zero amount of time thinking.

B

About being here, 30 years later and thinking about living in place and staying in my home.

M

Yeah here I am today uh surrounded by this type of environment and I'm just hoping that we can.

B

Because we're looking to do the same as what the applicants are doing and several others.

G

In our neighborhood it is a neighborhood and it's tough to you know find accommodations that you can.

N

Stay in place and be there for the duration and that's the hope that.

N

I think most of us want so I fully support this. Thank you. Anybody next, anybody, next in favor.

B

Good evening my name is emily heffner and I live at 213 gate street and.

B

While we're not immediately next to the nervous, we are next to devon and james.

A

Excuse me: could you speak into the microphone a little bit? Okay, we're at 213 gates straight.

B

Thank you we're not immediately next to judy and pat and urban, but we are next to devon and james.

B

And we are very much in support of them being able to make accommodations to age in place.

L

We're not directly impacted by the new proposal, we're hopeful that something can be worked out. We.

B

Do know that this is going to be a great addition to the neighborhood, because we have young and.

B

Aging in place, it really will be vibrant to have a nice looking place coming from prescott park to.

B

See the back of it. We're excited that you're going to take the minute to look at this and.

L

Make a good decision. Thank you! Thank you next and next and next in favor. Please.

B

My name is kathleen logan 21 blossom street. I am not in the butter, I'm friends with the newborns.

B

What I'd like to say is: 18 years ago my family went through something very similar.

B

My husband has a disability and we came before the board.

B

To request variances in order to make our home livable for him. Unfortunately, we had a.

B

Very difficult experience, ultimately, we were able to do the renovations needed and.

B

We're still in the home, and it is working well for us. I I know from experience that.

B

Living with a disability is very difficult in a place like the south end with all these old homes.

B

And I would like to think that, 18 years after we went through our ordeal that the city will be a.

B

Little more enlightened and will do everything possible to to make reason to be reasonable.

B

To help these people stay in their homes, thank you very much. Thank you. Nick next, in favor, any next.

A

Anybody last last call for those wish to speak in favor. Okay, any anybody, mr zest, no one on the zoo.

A

Thank you. uh Anybody anybody wish to come up and speak in opposition. Anybody, not! Yes. Please come up.

M

um Good evening, members of the board eric mayer, donahue, tucker and chandella, can you.

M

Folks all hear me fine good evening good evening, I'm here on behalf of devon quinn,.

M

And james butler, they are the residents that live at 199 gate street, which is the property.

M

That's immediately adjacent to the proposed the subject lot located at tax map 103 lot, 7.

M

As indicated they are, they are here tonight to speak in opposition.

M

um The devin and james don't do that lightly. We've heard folks speak to the nurbons being.

M

Fantastic neighbors, they agree with that sentiment and that's why.

M

This is a very difficult decision for them to make, but they believe- and while they're sympathetic to.

M

The need for this addition onto their in conversion of their garage. They believe that.

M

With every use it needs to be properly cited and properly designed.

M

And that their viable alternatives that would be less adverse to their to their property.

M

Devin and james moved to the neighborhood in may of 2020 when they moved here, they made a.

M

Substantial investment they're newlyweds, they want to start a family, they chose portsmouth.

M

Specifically, to start that family they chose they searched for months for the perfect property.

M

Saying no to many opportunities because they wanted to find the perfect place to raise their.

M

Children, the 199 gate street, is that place to them. It is unique in that it is located close.

M

To downtown near parks, but it's truly unique in the fact that it has an open backyard perfect for.

M

Children to play and to raise a family when they purchased the property. They made a substantial.

M

Investment of thirty thousand dollars to improve the backyard for that purpose. They sought in the.

M

Backyard, they installed a french drain to address drainage issues. They installed a small patio.

M

Made out of pervious pavers all with the idea of improving this lot for their family. The proposed.

M

Should deny available relief, that's being sought or in the alternative, insist that the.

M

Applicants agree to a continuance so that a more viable and agreeable solution can be worked out.

M

I'll address the specific concerns in the context of the required under the zoning ordinance and.

M

There was a statement earlier that they didn't um that the james and devon somehow slept on the.

M

Plans they received, they had been trying to touch base and get in contact with the nervons. They were.

M

Able to do so on march, 7th, that's when they first saw the plans they reached out and spoke to them.

M

About their concerns on sunday, they received these revised designs. On monday, it didn't address their.

M

Concerns they had suggested that the nurbons uh continue the application, so they can continue.

M

To collaborate but alas, we're here tonight um there are four overarching concerns that.

M

That the uh devin and james have um turning first to the um first two criteria in the.

M

Zoning ordinance, which is, is it uh consistent with the spirit and intent of the ordinance.

M

And would it be contrary to the public interest, the supreme court in this harbor side case.

M

Recommended that those two criteria be considered together and they have suggested uh considering.

M

Whether to a marked degree, the proposed the proposal would be contrary to the ordinance.

M

Here we believe that it would the topography of this of this lot of the nurbon's property drops.

M

As you proceed to the rear, there's actually also a shelf so that it drops even further.

M

As you approach devon and james's property, so that the existing height of the garage.

M

While it might be roughly, the foundation is four feet from grade it's. It's actually higher.

M

When you're on the devin james's property, that garage is actually above you a little.

M

Bit more than what the grade would reflect in the plans, extending that by a measure of 10 feet,.

M

Means that that exposed that exposed foundation is also going to be exposed well above six feet by.

M

The time you get that to the rear portion of their lot, this 18 foot, I believe it was represented that.

M

Would be 18 feet at its peak? That means you're going to have a 10 foot addition 18 feet high.

M

Going into their backyard no no further than four feet from their property line.

M

It is going to be a very large structure. It is going to drastically diminish the air.

M

And light that that property affords- and it's also going to cause drainage issues.

M

Setbacks exist for a reason, setbacks that exist to ensure adequate light and space is provided.

M

This is contrary to that. By invading that the available air.

M

And light that is on devon and james's property to a considerable degree.

M

With regard to the lot coverage lot, coverage.

M

Restrictions exist in order to ensure that there's enough um there there's commit on.

M

Pervious coverage to ensure that there's a place for the storm water runoff to go.

M

That garage, because of where it's located the drip edge, is either on or over the property line.

M

That means they're already getting a significant amount of water runoff from the from the existing.

M

Garage on their property, I've already told I've already said that they've already invested in a.

M

French drain and while that's mitigate, mitigated some of the drainage issues, it hasn't solved them.

M

But this proposal adds an additional amount of surface area coming off of the back of that garage.

M

And an additional additional amount of roof, which is pitched directly toward their property.

M

Now, there's no proposal as to how to manage that water. That's going to be coming off and it.

M

Will lead to increase because you're increasing the lot coverage, because you're increasing the.

M

Impervious cover you're going to be increasing the drainage issues that are on my client's property.

M

For those two reasons, we believe that it's both contrary to the spirit and intent of the ordinance.

M

As well as contrary to the public interest, I will note um that, in addition, that garden cottages as.

M

Was has already been indicated, they're supposed to be built within the confines of existing.

M

Structures, the zoning ordinance makes very clear that only two expansions are permitted without.

M

Modification from the planning board, one is a 50-foot entrance or up to a 300 square foot deck.

M

The ordinance doesn't allow for a modification to allow for the exis expansion of the footprint.

M

Under other circumstances, such as this, which is to add, effectively a living room onto an.

M

Existing garage, so we believe in additional ways that this proposal is contrary to the.

M

Spear and intent of the ordinance- this is in actuality, a garden cottage. That's.

M

Excuse me a detached adu, that's masquerading as a garden cottage. However, what they're trying to.

M

Do by presenting this as a garden cottage is get around the various restrictions that exist for.

M

Detached adus, one of which is the requirement for them to have a certain amount of lot size.

M

Because um if it were to considered a detached adu, they would have to have a significant they.

M

Would need an additional variance from the lot size requirement under the ordinance. Turning to.

M

The substantial justice criteria, the the test, is whether the benefit to be gained by the public in.

M

The denial of the variance is outweighed by the by the loss that would be suffered by the applicant.

M

In the denial of the variance here, we believe that alternatives do exist and can exist and.

M

Can be worked out between devin and james and the nervons, but we believe as presented.

M

They would stand to lose significantly and because their alternatives exist.

M

A denial of this variance tonight will not jeopardize them in their ability.

M

To go back to the drawing board and submit something that's more palpable. I will note.

M

If you look at the the assessing card for this property, it has 3 200 square feet of gross space.

M

Only 18 of which is living space. I haven't heard any suggestion as to why a the existing dwelling.

M

uh Principle could not be expanded with an addition which would not have affect um devon.

M

And james, quite so significantly, or why? Some of the other additional space and the primary.

M

Dwelling cannot be converted to accommodate an excess, an attached accessory dwelling unit.

M

We also believe for these reasons that there will be a significant diminution of value.

M

Associated with this uh proposal, in fact evan and james, when they first got the plans last week,.

M

They reached out to real estate professionals. They were not able to get an opinion in time.

M

For tonight's hearing, but one appraiser commented, I don't even know where I would start valuing the.

M

Diminution value because this proposal is so unique and the reason why it's unique is that.

M

There are very few detached or garden cottages located in, quite so close a proximity.

M

To existing abutting dwellings, this is not an.

M

Addition onto an existing primary use, this is establishing a separate prince uh dwelling on.

M

The property in an outbuilding effectively, if you look at the neighborhood there's not a lot of.

M

Those but not ends particularly there's, not a lot, quite so close to a budding properties again that.

M

This is going to be located approximately within 10 feet of devin and james's home.

M

Turning to little literal enforcement right, yes, uh when that when we started, I said.

A

Five minutes am I over well over all right. Can I get one more minute to wrap it up, wrap.

A

It up very quickly, you got it. Thank you. Thank you for your patience. I really appreciate it.

M

And turning, lastly, the little literal enforcement of the ordinance. We do not believe that there are.

M

Any special circumstances of this property a lot of the lots in this, almost all the lots.

M

In this neighborhood are sub are subsidized um there. There's all there's restrictions on all of.

M

Them we believe that that that these are um that there's nothing particularly special in terms of.

M

The conditions of the property- and we believe that, for the reasons previously stated, that.

M

This is contrary to the spirit and intent and because there are other alternatives available.

M

That this is um not a reasonable use, particularly in light of the harm that it stands to.

M

Impose on my clients. Thank you all right. Thank you are the rather other other.

A

Speakers in opposition at this point- yes, your name and address, please names.

O

Hi, um thank you to the board. um I'm devin quinn- and this is my spouse, james butler.

A

And you're, are you a dress, please one 99 gauge street. Thank you.

O

We live at one on gate street right next to the nurbons at 189 gate street. um This is our.

O

First time in front of a zba, which is why we set council to help us navigate all this. But.

O

We're going to try to stick with timelines, let us know if we do anything wrong.

O

We're here in opposition to the proposal at 189 gauge street and want to explain.

O

Our human aspect or human impact on us with concerns the proposal as it is.

O

I grew up in hampstead, new hampshire james grew up in ohio. I actually lived on badgers island.

O

10 years ago, above badgers, island pizzeria, I always knew I wanted to come back and settle.

O

Down portsmouth and luckily james agreed and when we were ready to settle down about a year.

O

And close on may 2020., um as eric mentioned, we're newlyweds.

O

But we look forward to raising a family in our home. We fell in love with our neighborhood.

O

Because we could walk our future family or kids to many wonderful portsmouth resources and activity.

O

But also in this particular location, because it really is- does offer a lot of privacy compared.

O

To a very dense neighborhood, we have driveways on either side of our house, which give us some.

O

Buffer for noise and the backyard has open air and light and is moderately private if it were.

O

Not for this backyard and the light and air that it offers, we wouldn't have made the considerable.

O

Investment we did in purchasing it. Eric mentioned. We added a an investment in putting grass down.

O

A small garden, maybe in the future of swing set for I up for us, this community is- and this.

O

Neighborhood is ideal for a young family. I think we're the only other family with young, with kids.

O

In the neighborhood, we'd be the second one, and we value this neighborhood precisely because of the.

O

Diversity of ages, we have great relationships with our neighbors, especially including pat and judy.

O

And we want them to be able to age in place in their home, just like all of our other neighbors.

O

We mean that sincerely. In fact, it's very much in our in our interest.

O

To do all we can to keep them as neighbors, because they are a huge part of our community and our.

O

Street, but we can't support this particular proposal. The garage currently sits exactly.

O

At the property line, as in we use the garage wall as our property line,.

O

Our home is 11 feet from the property line. This proposal turns the their garage, which is a buffer.

O

Of space and privacy between our homes into a dwelling unit, the noise next to our home increases.

O

The likelihood our neighbors will hear us limiting the privacy we invest in and the addition.

O

Continues the building right along the property line and allows less I'm sorry. This is written.

O

For the original proposal that was less than two feet now, less than four feet from our property.

O

Line because our backyards slope away from the houses from the house and garage the foundation.

O

Of the addition will add additional height to the building, as explained that building will block.

O

Sunlight air flow and make us feel like we're kind of penned in in our backyard kind of you know. We.

O

Specifically chose portsmouth because it's not you know, boston and your backyard, isn't.

O

With with buildings right up against your property line, uh the plan for the deck takes that further.

O

And further encroaches on the property line when it could go to the west, it could go uh closer to.

O

The existing deck um this deck- um and this is a huge concern for us- we'll sit many feet above our.

O

The folks on yard deck, looking down into my backyard a few feet away. This is very uncomfortable for me.

O

Thinking about having kids being watched from, above so close to the property line um and while.

O

The nurbarns are excellent, neighbors and kelly who lives there. Now is an excellent neighbor. We're not.

O

We were planning for the long future here, knowing that they could sell this property to someone who.

O

Is not as wonderful of neighbors that they are and they could rent that new dwelling to different.

O

Tourists every weekend and now I'm thinking about how what weekend tourists would be like to have.

O

You know above and a few feet looking down into my kids playing um the stairs also.

O

Extend even further um also on our pro right next to the property line. um That's not.

O

Walking out for the property where they could be on the other side,.

O

um If this proposal is passed as it is, and the building's built we probably wouldn't use our.

O

Property, the way we intend to use it now. I would strongly consider moving to a more family-friendly.

O

Property in backyard, and we we did let the nurbons know this if we had to sell. I can imagine that.

O

Other families, with kids or other potential buyers who care about a backyard would also be turned off.

O

By the lack of privacy and be less interested in the home, devaluing our biggest family asset.

O

We do see mother and many other options, the nurbons to build exactly what they need to help.

O

Them stay in place, um which we want to support as well and it'll cost in a local property that.

O

Doesn't harm us like the current proposal, um is that an addition to the house is that.

O

uh An adu in place of the deck is it an adu behind their home on the rest of their backyard? um Is it.

O

A garden house with a deck south or west, or it's their own home rather than along our property.

O

Had um they would request a continuance, so we could continue talking about this. We um we didn't.

O

Want to be here, I submit this letter. um We really appreciate them neighbors and as neighbors and.

O

Good faith find a solution that works for both of us.

O

We ask that you consider the impacts of this edition and how big impact it has in our family.

O

We don't see a denial of this plan as a denial of their opportunity to age in place.

O

An honest assessment that other plans can be found to accommodate both.

O

The nervous and our family. Thank you. Thank you very much. All right have a question.

M

Photographs that may just provide some context.

M

As to the impact, okay sure start him down there. Please have a question.

A

Yeah, just just give them all we'll pass them down.

A

Any any questions from the board at this point, mr lee, so could you put.

E

The plan three with the photograph of the back of the house peter, please.

E

H3 ma'am on that on that photograph there, which, which is your house in that picture,.

E

The yellow one on the left- okay, that's what I thought thank you.

O

Oh, I thought it was going to be a harder question. Okay, you mentioned.

G

um Something about short-term rentals like weekend, tourists things like that.

G

It's not allowed. Yes, it's only allowed in the downtown overlay district so that.

G

Doesn't happen yeah and if it does, you call the city and I think we would be very supportive of.

O

Of long-term rentals, I think that's good for our community. Okay, hey! Thank you. Thank you very much.

A

Are there other other other speakers who wish to speak in opposition anyone anyone else.

A

Anyone else who hasn't spoken already.

A

Mr mr sith, no one on the zoom caller, no one on the zoom calls come yep come up and your.

A

Name and address, please, if you would so my name's joanne wolf. I live at 213 gate street.

B

So this is the sec section: it's neither for or against right. No, okay, not yet stan stand by.

A

Last call last call for speakers in opposition, then we're going to go to too far and against.

A

You too far against iran, so so I've lived in the neighborhood for about four and a half years.

B

And everything that other speakers have talked about about the nervons is absolutely true. They're.

B

Vital residents of the neighborhood, on the other hand, I've gotten to know james and devin, and so.

B

My hope is that something can be worked out, that's satisfactory to both of them and that, if that.

B

Means a continuance, or whatever is the this word does I I would be hope hopeful that it doesn't.

B

Divide the neighbors okay! Thank you very much next next speaker to forum against. Yes, please certainly.

J

First of all, we, as we mentioned before, we can get rid of the deck, and that takes care of one item.

J

Of the deck overlooking the back of their property in terms of drainage, we could be happy to have a.

J

Stipulation that we'd be guttering, those both those gable ends and they would be directed.

J

Either, to like a rain garden or a dry well or at minimal onto the onto the urban property and dealt.

J

With there- and I think, that's not a huge amount of roof to divert and most of it's already there.

J

Also, in terms of the scale of this, you know taking away the use of their backyard.

J

You know this addition lines up with the edge of their stairway and there's just a small part of.

J

The yard, which is about 10 foot 10, that's directly impacted by any like light and air. You know.

J

So I just wanted to clarify that it's just it's! It's a pretty small edition that we're requesting.

A

Okay, thank you yep, any okay, two for against speakers more any more last. This is last.

A

Last call if you have any if you're tempted come on up, not.

A

No more to no more speakers, no more zoom call clears okay. The public hearing is closed. Okay,.

A

Anybody on the board want to begin to begin. The conversation.

G

I get a question for peter. Certainly um this is an ongoing adu application, correct, correct.

G

So after they leave here, it will go back to the planning board. Well, yeah, it hasn't gone.

B

To the planning board yet, but it will, if it gets past this board, then it will go to.

B

The planning board and additions changes. Modifications are all part of the aducup.

G

Process as well, the planning board can add any stipulation they so choose correct. Thank you.

A

So anybody else, mr mr lee, I have a comment I'd like to speak to the uh the assertion.

E

That there'd be a demutation in value, inviting this thing and I can give you.

E

A professional opinion as a real estate broker of 40 plus years. I cannot fathom that adding a.

E

Small addition to this garage, but in any way diminish the value of any of the properties there.

E

And looking at the picture, the applicant's house is to the left, the yellow house, which.

E

I asked peter to put a picture of there's a clear sight line from point of graves into that backyard.

E

uh It you know, bumping out the uh the garage 10 feet or whatever the the thing is.

E

Yeah there's more more building to look at there, but as far as diminishing the.

E

Value of that and surrounding properties, in my opinion, that won't be happening.

A

Okay, thank you nick another comment, mr ross I'd like to make a comment that uh I am.

C

Impressed with the applicant's uh willingness to be flexible and uh me reach reasonable.

C

Accommodations with the revised plan that was submitted to us tonight, all right.

A

uh Anybody anybody else, miss elvis, looks like you.

B

um It seems to me that the relief that's being asked here, particularly with the new plan, is.

B

Very very small: um the the building coverage is less than one percent over the allowed.

B

And the four feet, while it's quite a bit less than 10, it's a lot more than.

B

Zero and the willingness to do away with the deck, which seems to be a big sticking point, although.

B

Height is not a problem; you would be perfectly allowed to to build something of that height.

B

Makes me think that.

B

That this is something that I could approve and really one of the most important things.

B

That I heard is that the back edition will go no further than the steps which.

B

Leaves a backyard of about 35 or 40 feet to the point of graves.

B

30 feet: that's a big backyard with lots of open air and light, and I just.

B

I don't see that this diminishes their ability to use.

B

The yard, particularly without the deck which I know, is very problematic.

B

So I would be inclined to vote for it. However, I am not completely convinced.

B

That there is a hardship here that there isn't another place, that this could be, and so I.

B

Would like to hear from my fellow board members, because I don't know how to do that. Part of the.

B

Yes, thank you, mr lee. Oh mr mcdonald,.

B

Elders just said um what has been presented to the board tonight is a.

B

Picture of conflicting interests, there's one party that has a young midlife interest.

B

And there is another party that has an end of life interest. Those two interests are in conflict and.

B

My belief is that the zoning board of adjustment was not ever designed, commissioned or operated.

B

To be the king solomon, who decides between competing interests of that kind,.

B

So I would I'd like to find a way to propose that.

E

We do not take a position, we do not force a winter loser situation. Out of this.

B

And what we do is require the parties to go away, negotiate, reach a conclusion and come back to us.

B

So that is my that is my feeling you can uh make. It would have to be a motion to uh postpone for.

A

A particular reason which would be uh for more info one one reason you can propose a.

A

Postponement is for additional information presented to the board, which is what your.

A

Our proposals, what what you're talking about, I think um that's that's one legitimate reason for.

A

Post a postponement and rehearing, what I'm really talking about is that this.

B

Case and the parties to it have wound up in his own. That is not the purview of this of this board.

C

Yeah, that's, that's. We don't have that authority to just say we don't want to deal with it.

A

Unlike unlike courts, which can do that and do no, no I'm sorry, sorry we're closed.

B

B

May I offer a motion, please do I move that we.

B

Advise the applicants that the petition that they have presented to us is not really actionable and.

B

That they should withdraw this application, can't do that. We we have to. We have to take.

A

Some kind of a positive action, even if it's only to postpone for further right.

A

Exactly right, then, we postpone a decision and until such time that the parties have brought us.

B

Information- that is zoning issues. Well, we can. We can postpone it for further information that.

A

That's just everybody understands what that means. Still till next month,.

A

Okay, is that your okay, because I think we've heard- I think I can support that we've. I think.

A

We've heard enough to realize that there may be some opportunities here. Is there a second to that.

A

Let's see if there's a second of that motion I'll second for discussion, thank you is there criteria.

G

This is probably for peter that if the board wants to propone it would that be with the permission.

G

Of either the applicant or we can just do it, we can just do it. You can request.

A

The public hearings closed, so you can postpone it and request with you know with in the motion.

B

Request a revised drawing based on the discussions, that's what I was going to do.

A

Right: okay, yes, yes, we can. We like, we would do it reluctantly, but sometimes it's appropriate yeah.

A

Can you miss eldridge? Is there a motion on the table? Yes, there is yes, I'm looking for a second.

A

I'm looking for a second, mr man, mr mantle seconded, he's making a motion to postpone right post the.

A

Phone until next month, all right all right and mr membership listen to yes for discussion right.

A

Right anybody anybody else, I'm ready just anybody.

E

I've looked at the application, especially the revised application. I think it meets all the.

E

Criteria as presented, I'm ready to support the application so I'll be not supporting the motion.

E

To postpone okay, fair enough, okay, anything anything further before we take a vote on.

A

The motion to postpone till next month, as I say we we do this reluctantly, but sometimes it seems like.

A

The best course so all right any further discussion on the motion. uh Okay, if the.

A

Motion is to postpone mr mantle. No okay. Let me get my pin in the right place here.

A

Mr mcdonnell, yes, yes, mr lee, no, no.

A

Mr rossi, no no miss eldridge. No, no! All right! I was going to vote yes and I still will all right.

A

So that that motion failed, so we need another. We need another motion.

E

I'm prepared to make a motion. I have to make a comment. First, though, okay, please, when you, when we.

E

Grant variance or a special exception for anything we're we're actually granting it to the property.

E

Not to the person, so I'm I'm in total sympathy with the you know. The struggles with aging parents.

E

I've gone through that myself, a family member with alzheimer's and all that that said again, we're.

E

Granting any relief to the property it runs in perpetuity that variance will endure and survive.

E

Long after everybody in this room is gone, so that's what one of the things we're charged with.

E

uh I've looked at the revised uh plan that uh the architect submitted and I think that more.

E

Than meets the criteria, and I'm prepared to make a motion to approve the application, as amended.

C

With the inclusion of the deck or without the deck, because they offered to delete the deck.

E

Without the vic okay, is that a motion? It is a motion modified modified addition without.

A

The debt without the debt- okay, so everybody clear what we're voting on I'll, accept it all right. Okay,.

A

All right, thank you for the moment. Is there a second to that motion I'll second, miss eldridge.

A

Thank you, okay, anything anything further before we take a vote on that motion. No all right I'll.

A

Start I'll start down this time with mr rossi. Yes, miss eldridge! Yes, all right! Excuse me, mr mcdonald,.

A

Yes, yes, okay, uh mr man. Yes all right and excuse me, I missed a may and mr lee. Yes, yes and the chair.

A

And votes no, so the motion is carried, it's approved as modified minus the deck.

A

Okay, all right everybody's saying all right. Thank you all very much. Thank you for all everybody for.

G

Coming just remember, this is just for variances. The plan here hasn't been approved. Okay,.

G

And the cup hasn't been approved, there's still plenty of places to make changes. Okay, bye.

A

Slap my wrist just a formula formality. We had enough discussion on that. No, I agree.

A

We're making great progress.

A

Everyone is leaving thank you very much. Okay,.

A

We'll move we're going to move right along to item d on the agenda and mr chair, can I just make a.

D

Request on behalf of the public, actually please um so, as I was uh sitting outside, I struggled to hear.

D

um Both the speakers and a lot of the board members- okay and one of the.

D

Members of the community told me that it's very hard for people to hear and requested.

D

That we bring our microphones closer to us so that everybody can hear that idea. Thank you.

A

Yeah, these type of microphones, you have to speak right into the end of them like that.

A

Thank you thank you, miss matterson and and and the same app, and I had to ask one of the.

A

Speakers and it went, and let me just repeat that when you come up, get get uncomfortably close to.

A

That microphone and speak right into the end of it, please, okay, that takes care of that item.

A

Next is item d, the request of christopher h, garrett, revocable trust, trust for two of 200 2007.

A

The owner for property located at 1299 islington street, whereas relief is needed to subdivide one.

A

Lot into two lots which require the following: one variances from section 10.5 to one to allow.

A

A a lot area and a lot area per dwelling unit of and sixty six square feet where.

A

Fifteen thousand square feet is required for each and by and b ninety-nine feet of.

A

Continuous street front ridge, where one hundred feet of continuous street frontage is required.

A

Said property is located on assessor map, 233 log, 19 119 and lies within the single residence bsrb.

A

District who speak, who would present this to the board? Please.

K

Good evening, chair parrot, it's monica kaiser from hopeful phoenix, gormley and roberts good evening.

K

Standing uncomfortably close to the microphone, we appreciate that and so does the audience.

K

With me tonight um is chris and leslie garrett they're sitting in the second row to my.

K

Left and alex ross from ross engineering is here in the.

K

Front row who's done the technical work. The survey work on this case.

K

Alex has brought low-tech plans because I might not be able to figure out how to do the that's.

K

Fine, the fancy stuff in any event I'll continue to speak, uncomfortably close and I'll try to go.

K

Quickly, the first thing I'd like to do is: I have some supplements to provide the board. I did email.

K

Them to peter and upload them, but I don't know if you've received them well, we'll pass them down.

A

K

So the first thing that's coming down the aisle to you is an exhibit e, which is a list of a budding neighbors who support the proposal.

K

On the first page and on the second page is a little map, so you can see where those supporting.

K

People live now. The other thing coming down. The aisle is a new and improved revised, exhibit c.

K

Exhibit c is a map of the surrounding areas. That shows you the surrounding lots that.

K

Are non-conforming as to frontage what size, or both the revised exhibit c corrects a couple.

K

Mistakes on that map that I prepared and also in the upper right hand, corner gives the percentages.

K

And it tells you that 41 of those lots on the tax map are non-conforming as to frontage.

K

And it tells you that 50 weight non-conforming as to frontage and lot size is that right.

K

And 50 of them are non-conforming as to what size only so that's the context of.

K

The surrounding area, which I think is important so chris and leslie, have owned this property or their.

K

Family has owned this property since the 1900s it's been in the family for a very long time.

K

Leslie lives in the house now chris lives on the other side of the rail bed.

K

um The property is getting to be a little much for leslie to handle.

K

And that's why they're looking to make these requests to you to outline the lot.

K

I don't know where the little thing is, but in any event, the lot is up on the screen. That's.

K

The existing conditions lot so you'll see it's got 199 feet of frontage. It's got about 27, 000.,.

K

You're mumbling is, do you have a question or.

K

Okay, I thought I heard something: sorry, it must be out in the hallway.

K

uh So I think it's about twenty seven thousand.

K

Three hundred and sixty six, it's 0.628 acres as it stands right now and you'll see as you.

K

Look at it that the existing house that leslie lives in is way up at the front right corner and.

K

There's an existing barn behind it. The entire left side of the lot is is just untouched. It's unused.

K

It's bordered, obviously, by residential properties, on either side and across the.

K

Street but then behind it is a rail bed and on the other side of it, I.

K

Think is a little bit more residential area, but also the office research zone.

K

um So what we're looking to do, if you can go to the next page, peter.

K

We'd like to subdivide this lot to create two lots. One lot would be the lot that leslie's house.

K

And leslie and chris's house is sitting on and that lot would be entirely conforming. It would.

K

Conform with the 100 foot frontage requirement, it would be 15 000 square feet, a lot area.

K

And the coverage on that would be about 12, where 20 is permitted, so that lot would be.

K

Entirely compliant, um the relief is required for the second lot, which would be uh 99.3.

K

0.33 feet of frontage, where 100 feet is required and about 12 366 square feet.

K

Where 15 000 square feet is required for a dwelling unit.

K

Obviously the 99.33 square feet is, you know, 99 and change of the uh required 100 feet of frontage 12.

K

Hundred and thirty sixty six square feet is about eighty two percent of the required.

K

uh Lot size and the lot size per dwelling unit.

K

Do you have any questions so far? Okay, so I'm gonna go right into the criteria. If you don't mind.

A

Yes, please do uh so I've laid this out in writing in the memorandum, but to hit the.

K

High points taking the first two criteria together, the public interest and spirit of the ordinance.

K

You know the question is whether granting the variance would unduly.

K

And to a market degree conflict so much so that it would violate the ordinance's.

K

Basic objectives- and we always remind the board mere conflict alone- is not enough.

K

In my memorandum, I go through the purposes of the ordinance and I describe.

K

How this proposal either advances those purposes or or does not undermine them? The highlights I.

K

Would add, of course, are that we're creating one additional resonance, we're creating new housing.

K

And we're citing it among uh very similar lots, as you can see, from exhibit c.

K

As revised, 91 of the surrounding lots are non-conforming as to lot size or frontage.

K

41 percent of them are non-conforming as to what size and frontage, and we didn't even consider.

K

And examine closely the number of two families in the area. There are certainly some perhaps not a.

K

Lot but our analysis as to what size and lot size per dwelling unit didn't even examine that we feel.

K

That it's compelling as it stands when you look at the small lots and the surrounding developed area.

K

So the request for this new lot: it's going to it's going to live, among other lots that.

K

Are very similar: it's not going to violate the ordinance objectives. The lot size of 82 percent.

K

Of the requirement is sufficiently large amount to easily provide enough space for a modest home.

K

Within a building envelope and within coverage requirements and as such uh certainly allows.

K

Adequate opportunity to for stormwater and other things to be managed on the lot.

K

And for the same reasons, this proposal doesn't alter the essential character of the locality.

K

Or threaten health safety and welfare, we have essentially a thickly settled area.

K

And once a house is built on this lot, it's going to look like it belongs in this neighborhood.

K

Because 91 percent of the of the lots on the tax map are also non-conforming.

K

It will not diminish the value of surrounding properties as as demonstrated and agreed to.

K

By the abutters who are in support of the proposal, and if you look at that, exhibit.

K

It's not just a list of the proposed of the abutting support. This butters, who support the.

K

Proposal page two illustrates where those people are so that you can see that the.

K

Property owners on either side of the property support the proposal.

K

As well as the owner across the street support the proposal and then.

K

More and then more so we're very pleased that we have the support of our neighbors.

K

Next unnecessary hardship, the first it's a three-part test, as you know, with the first being.

K

Whether or not there are special conditions that exist, um we think that, given this oversized lot.

K

In this transitional zone with the house and the barn located all the way to one side leaving this.

K

Large area underutilized, as well as the case law that I outline in the memorandum that talks about.

K

Whether hardship can be found given the context of an area, we think that special conditions exist.

K

uh And there's no fair and substantial relationship between the purposes of the ordinance.

K

As applied to this proposal, when essentially we're asking for a variance for you know,.

K

Essentially, 99 of the frontage um and a substantially sized lot still at 82 percent.

K

uh Of the required lot size and frankly uh larger than some than some surrounding lots.

K

The subdivision of the lot, which will, of course be evaluated by the planning board as well.

K

As I said, the subdivision allows a new lot but and provides an opportunity to put the new house.

K

Appropriately sized new house within the building envelope on the new lot.

K

Meeting uh setbacks and coverage requirements and then the third prong of the variants.

K

Of excuse me of the unnecessary hardship test is whether the proposal is reasonable.

K

As cited in the in the brief, you can see that it's a residential use in a residential zone and.

K

Therefore, it's presumed to be reasonable. Lastly, the substantial justice test- it's articulated.

K

In the memo and what I would say to that is that again same thing: granting the variances.

K

To accommodate one modest home on a lot similar to those of the surrounding area,.

K

It does a substantial justice. There's no benefit to the public from denial that.

K

Outweighs the hardship to chris and leslie and, frankly, the hardship to chris and leslie.

K

Might be that they can't afford to continue to live in this property as they get older, they've.

K

Reached out to neighbors, and it's likely that one of the family, members of of the neighbor.

K

Is interested in purchasing the property and and constructing a modest house, and this way.

K

Is a win-win for that neighborhood? If there's anything that I missed I'll ask alex to address it.

K

Otherwise, if you have any questions or I'm all good anything from the board.

A

For the speaker at this moment, oh thank you. Thank you very much.

A

Is there someone else present who'd like to speak in favor of this proposal? Please.

A

Anyone else to speak in favor. Please come up your name and address. If you would please.

B

Good evening and thank you, ralph dibonaro and I'm here to speak for my wife, linda and I.

A

We aren't abutters, but we are in the neighborhood.

C

I wanted to reiterate uh that was an excellent presentation on the varying size of the lots.

B

In the neighborhood we bought a house on islington street that was built in 1937.

A

In the block, that's formed by islington street uh essex, essex avenue, melbourne street and vine.

A

Street there's 19 houses in that block and more than half of them are on lots. 50 foot.

A

Frontage 100 foot deep 5 000 square feet as well as houses on islington street, going down the hill.

B

From the blinking light there are houses built on lots that are 50 by 100 foot.

B

The exception in the neighborhood are the handful of larger lots, which this will be one of.

B

And so we're here to speak in favor of the project. Thank you and can we have your street address.

A

Please I'm sorry 1374 1374. Thank you very much uh other speakers. Please anyone else who wants.

A

To speak in favor anyone else, anyone opposed is anyone opposed to. This wants to come up and speak.

A

No apparently not a lot. This is last call for speakers 2-4 against anybody. Anybody have anything.

A

For the board, apparently anything on the zoom call, mr stiffner. Okay, thank you. Okay, our public hearing.

A

Is closed uh board, what's your we've heard the proposal? What's what's your desire on this one.

C

I would like to make a motion that we approve the variances as requested.

C

Thank you, mr rossi. Is there a second to that motion to approve.

A

Second, thank thank you, mr mantle, uh mr rossi. Your your emotion, please.

C

The core of the uh motion is that uh the deviation in terms of the frontage requirement is very minor.

C

And also in terms of lot area, there is a special condition for the lot.

C

uh There's a little notch taken out of the back of it that bores along the railroad track.

C

That really doesn't affect anybody else, but probably takes away just about the.

C

Amount of square footage that would bring this into compliance on that basis, I see no.

C

No, nothing in here, that's contrary to the public interest. uh It certainly would be in the spirit.

C

Of the ordinance, uh the proposed use would be certainly within character for the area.

C

And for that neighborhood there would be a substantial justice, because there's no.

C

There's no loss of loss of utility to the public or anybody around the area and there's.

C

A good gain for the property owners. I see no indication that granting the variance would.

C

Diminish the value of the surrounding properties and probably actually would enhance them.

C

And again, there's a special condition of the property which, because of its odd shape, makes the.

C

Second, lot uh appear to be somewhat smaller than it probably, you know otherwise would be all right.

A

That's that's the last criteria. Okay, thank and mr mantle. I agree with miss what mr rossi said.

G

I live in the neighborhood, I am not in a butter. um The lot is.

G

Just under, as far as I'm concerned, the requests are minimal when they split the lot at least.

G

One will be a conforming lot and the other one will be slightly under. um I see no issue with it.

A

Thank you very much. Anybody else on the board, any any other comments, observations.

A

Before we take a vote, which is to approve it as presented, no apparently not okay, uh mr rossi,.

A

Yes, yeah. Thank you miss eldridge! Yes, ms margerson. Yes, mr lee, yes, mr mcdonald, yeah.

A

Mr mantle, yes, thank you, okay and I and I vote yes as well. Okay, unanimous! Thank you all! Okay,.

A

Thank you very much you're welcome. Thank you. Welcome you're welcome. Thank you.

A

uh It's close to nine o'clock board. Is anyone inclined for a five to ten minute? No more.

A

Than ten minutes a break, no objection done we're in the rest, we're in recess.

A

Thank you for the break, we're back in session. uh First order of business in order to accommodate.

A

Some uh mechanics of time here we have a request to to switch the order of two uh of.

A

Our applications and uh one is number six which is 139, essex avenue and the other one is the.

A

405 south street so switch the order of those under the impression that one is probably going.

A

To go quicker than the other is there. Anyone in the board would be interested in doing that.

A

This is just a request to the board to do that. We don't have to, but if it.

A

If it's incline, if someone is so inclined to do it, someone make a motion so moved. Thank.

A

You, mr rossi, is there a second to that motion to switch the order of those two.

A

Second, yeah miss eldridge. Yes, thank you. Okay, a voice voice vote will do on this. I think.

A

Those in favor of switching the order dealing with both of them tonight just.

A

In a different order, please say: aye aye, aye, okay, everybody. Thank you. Okay done all right.

A

So that what that means is that the next item up on the agenda is 139, essex street.

A

And the item reads as follows: request of peggy el morrow owner for property located at 139, essex.

A

Avenue, whereas relief is needed to demolish an existing dwelling and construct a new single.

A

Family dwelling, which requires the following one variances from section 10.521, to allow a a lot.

A

Area and a lot area per dwelling unit of 11 581 square feet where 15 000 square feet is required.

A

And b 75 feet of continuous street frontage, where 100 feet of continuous street frontage is required.

A

Said property is located on a sessom map 233 as lot 60 and lies within the single residence b.

A

Srb district, who who speaks in favor of this proposal? Please.

P

Mr chairman, members of the board for the record attorney derek durbin, I'm here on behalf of mill.

P

Pond way, llc and its sole member joe calderola, who I also have with me seated behind me to your left.

P

My client mill pond way is under contract right now to purchase 139 essex avenue, the property.

P

Is a non-conforming lot of record with respect to lot area and continuous street frontage in.

P

Its existing condition has 11 581 square feet of land area where 15 000 square feet is required in.

P

The srb zoning district and continuous street frontage of 75 feet or 100 feet is required.

P

I would also point out the existing house on the property encroaches in the right yard. Setback by.

P

Five feet so existing has a five foot setback. The existing home on the property is in poor condition.

P

Has an obsolete floor plan or finishes and contains a number of structural deficiencies.

P

You'll notice, if you've seen some of the pictures of the property or been by it,.

P

The driveway slips into the attached garage, which has been damaged over a number of many years,.

P

By water intrusion I mean the reality associated with this home. Is it just doesn't have enough.

P

Going forward to justify trying to rehab it or restore it, it doesn't have any historical value.

P

My client tends to demolish the home and garage and construct a small three bedroom. Two and a half.

P

Bath home on it, the home, uh that's proposed for the lot would meet all the setback requirements.

P

So there would actually be an improvement over the existing conditions, however, um because it.

P

Fails to meet the lot area requirement or the continuous street furnish requirements. We do.

P

Need two variances for technically three. I know the city lists lot, areas of required, variance.

P

um I'm not sure I always agree with that, because it's an existing lot but nonetheless.

P

That variance is listed and we are requesting that variance as well turning the variance criteria.

H

Draining the variances will not be contrary to the public interest would have observed the spirit of.

P

The ordinance, uh the minimum lot area and street finance requirements are implemented for the.

P

Purpose of controlling density, primarily also for maintaining the character of a neighborhood.

P

Property in the home on it predate current zoning standards. The property is consistent in size and.

P

Contains similar street frontage to most of the surrounding properties by demolishing the.

P

Home and constructing a new one in its place, my client will be bringing the property into.

P

Greater conformance with the ordinance with the improvement of the right yard setback.

P

The construction of the new home will also observe the density goal of srb.

P

Zoning and will be consistent with the character of the surrounding neighborhood.

P

For these reasons, grand variances will not alter the essential character of the neighborhood.

P

Unlike the new home, the current the proposed home will have to meet.

P

Building standards, as they exist now, current life safety codes. Therefore, it.

P

Will actually benefit the public, it will not be a threat to public health, safety or welfare.

P

Substantial justice will be done by granting the variances in the malkie glenn case. The.

P

Supreme court, opined that any loss in the individual- that's not outweighed by a gain.

P

To the general public is an injustice uh here there would be no gain to the public in denying.

P

The variances, it would really be do nothing to to benefit. Anyone would constitute a hardship.

P

Upon the landowner to deny the right to build a new single-family home on the property, therefore,.

P

They lost the applicant denying the variances outweighs any perceived benefit to the public.

P

The value surrounding properties will not be diminished by granting the variances.

P

The applicant milpon way is a well-reputed developer in the city, joe calderola. The builder.

P

Would be constructing what you can see a tastefully designed home for the lot.

P

That would be consistent with surrounding architecture. There's evidence throughout the city.

P

Particularly in recent years that demonstrates that surrounding property values should actually.

P

Only increase with a new home on the lot literal enforcement of the provisions, the ordinance would.

P

Result in an unnecessary hardship. This relates to the non-conformities associated with the lot.

P

As it exists now and the fact that it does have a single-family home on it, that's non-conforming.

P

Therefore, the construction of anything on this property does require the variances being sought.

P

And you know the reality is that denying the variances would result in a worse outcome than.

P

Than granting them so for these reasons and the fact that srb zoning.

P

Permits and encourages single-family homes by right, the use is reasonable. I would submit to.

P

The board that the five criteria for granting the variance is met and happy to answer any.

P

Questions you have and joe is here to answer any specific design questions you may have as well.

A

Any questions from the board for the speaker at this time. No, apparently not. Thank you very much.

H

Thank you. Is there anyone president who'd like to speak in favor of this anyone, anyone who want.

A

To address the board in favor of this proposal, no, no, apparently not anyone opposed. Is there.

A

Anyone present opposed come up, and uh your na your name and address for the record. Please.

B

My name is joanne wolfe. I live at 213 gate street, but I'm speaking on behalf of my daughter.

B

And son-in-law allison and sean mcgrimley who live at 56 sheffield, which abuts this property.

B

Backs up to this property, so I'm not sure I'm even objecting to the variance I'm I'm just questioning.

B

The documents with the plans that were submitted, um they talk about a two-story three-bedroom two.

B

And a half bath and the plans look like it's a three-story with a balcony in the back and it.

B

Looks like it's three and a half baths. There looks like there's a full bath on that third story, so.

B

We're questioning, which is what the builder is planning to do.

A

All right, thank you I'll invite them to clarify that in a minute.

A

Is there uh anyone else to speak in opposition anyone else not uh too foreign against and.

A

Anybody wants to address that uh question raised by the last speaker. Please, please do.

Q

Hi for the record, joe calderola, um your address, please oh 170, dennett street. Thank you. Yeah.

C

uh The the uh the floor plan is exactly the same as houses we built before and.

C

The question is whether the attic is finished or not. It's it's a new englander.

C

There's no dormers, but I think the what happened was that by the time we actually drew the plans.

C

For the lot we decided to go ahead and finish the attic, so there is a bath up there. So the two and a.

C

Half bath, this was a misstatement, so it's actually three and a half bad. uh The. uh If you look at the.

Q

If you look at the well, there is a stair dormer there, a minor stair dormer. But if you look at the.

C

Rear elevation- I'm not sure I know how to do this. Yeah see, there's an inset balcony. That's what the.

C

Butter was talking about, uh but it doesn't project up or out or it's it's insane under the roof.

C

um So it's a, we would call this a two-story house, new englander with a finished third floor.

A

Okay, thank you. Anybody else too, for against anybody. Last call any speakers. No.

A

Mr stiff anybody on the zoom, no one on the zoom call. Thank you. Okay last call seeing nobody will.

A

Close the public hearing, okay board: what's your pleasure on this application.

A

Discussion or perhaps emotion,.

A

We already had a break, we can't get another one.

E

Mr lee yeah, I would be prepared to make a motion to approve this application, as presented in.

E

The test, thank you, is there a second to that motion to approve a second miss eldridge.

A

Got it first, I thought so. Okay, thank you, mister, mr man, in europe. I missed the motion please, so it.

E

It seems that uh demolishing and rebuilding existing homes is beginning to uh has become.

E

A thing in portsmouth- and I see a lot of that in my business and.

E

I think it's a good thing overall, if you get as the attorney presented that you get a.

E

Code compliant house with all the life safety features that some of the older houses don't have.

E

Certainly having a brand new home in the neighborhood property value, so.

E

I'll just go through the criteria quickly to get to get to the to voting. So I don't see.

E

This variance being contrary to the public interest and it observes the spirit of the.

E

Ordinance, there's really nothing in demolishing the house and building it with a new one, replacing.

E

The new and and pretty much the exact same floor plan it's uh slightly non-compliant now it'll be.

E

The same slide amount of log collapse when it's completed, so that checks those two boxes.

E

Substantial justice is done, the benefit to the applicant does not outweigh many harm to the.

E

General public and the other individuals here again, certainly no demi nation.

E

Which have trouble pronouncing that word. It doesn't hurt the surrounding property values.

E

In any way, in my opinion, as a real estate broker and literal enforcement, this ordinance.

E

Would result in this a hardship and that hardship would be not being able to complete the purchase.

E

And present the city of portsmouth, with a brand new code compliant house for a nice family to.

E

Live in and be part of our city, so for that those reasons, I move that we approve this application.

E

As presented and advertised, thank you, mr mantle um with everything, mr lee said. If anything, the.

G

New structure will be more conforming than it currently is now so.

G

I agree. Okay, thank you anything further from the board, if not, let's miss mr rogerson, so I just.

D

Echoing on what mr lee said, um we are, we are seeing a lot of demolition of houses.

D

And reconstructions, um I think, that's unfortunate. I I think that this house is.

D

Really neat, I'm very sorry to lose it. But that said, that's not within our purview and I do think.

D

I will be voting for this because I do think that the variance request is reasonable and de minimis.

A

Okay, thank you. Okay! Well, we're all set! Mr uh we'll take the vote. Mr rossi. Yes,.

A

Miss elevation: yes, ms margerson, yes, yes, mr lee, yes, mr mcdonnell, yes and I vote yes as well,.

B

I'm sorry who did I leave out, mr mantle? Oh my goodness. Yes, sorry.

A

Just go too fast all right! Thank you all right.

A

That brings us to the uh next item on the.

A

Agenda on the revised order of the agenda- and that is the 405 uh south street and reads as follows:.

A

Request of julia, I taibo for revelational trust of 2009 ola for property located at 405, south street.

A

Whereas relief is needed to subdivide one lot into two lots and construct single-family dwelling.

A

Which requires the following: one variance is from section 10.521.

A

To allow a 30 feet of continuous street frontage, where 100 feet is required for proposed lot, 2.

A

And b 15.5 rear a very out of 15.5 where 20 feet is required, said property is located on assessor.

A

Map 111 as lot 18 and lies within the general residence, a gra district who who presents this.

A

Proposal please, mr chairman, members of the board again for the record attorney derek.

P

Durbin, I'm here on behalf of the applicant sai builders. um I have patrick nyston, who.

P

Works with sai builders with me behind me. I also have john shagnan from ambit engineering.

P

Who's worked on the plans and julie, rob the owner of the property as well, is here.

P

um Sai builders, as I noted in my narrative, is under contract to pur purchase a portion.

P

Of the property, if the relief tonight is granted, hence the reason they're the applicant before you.

P

405 south street is truly a unique property when you look at it, particularly on the on the tax map.

P

When viewed in the context of the larger neighborhood and the lots that surround it,.

P

It's a very long, rectangular property that has more than three times the lot area. That's.

P

Required in the gra zoning district in nearly twenty three thousand square feet, it also has.

P

Furniture on two different streets: thirty feet on mcnabb court uh 70 feet on south street.

P

There is a single family home with a detached garage at the front of the property.

P

Adjacent to south street and the rear of the property.

P

Basically, most of the property consists of open land in the back.

P

My client is seeking to subdivide the property into two lots of nearly equal size.

P

Lot one or proposed lot one would contain the existing single family house.

P

That would be retained by ms rob and her family lot. 2 would be acquired by.

P

My client, I said builders who intends to construct a 4 bedroom, 2 and a half bath.

P

A single family home with an attached garage on it. There was a mistake in my narrative. I had said.

P

One half bath, apparently I'm making that mistake a lot tonight. It's two and a half baths in order to.

P

Subdivide the property into two single family home lots. My client needs variances for the lack of.

P

Street needs of variance for the lack of street frontage. They also need a variance to construct.

P

The proposed home on lot 2. do the encroachment of the rear associated with the attached garage.

P

Into the set rear, yard setback, it's a four and a half foot deviation that's being requested. I would.

P

Like to point out, as a preliminary matter that you should have received some letters of support.

P

From britain and tatiana shone of 11 elwin avenue, the vinsagueras, who are direct to butters at 393.

P

395 south street: that's the property to the right when looking at the property from south street.

P

As well as uh miss, miss rob also submitted a letter of support for the project.

P

I also understand you're going to hear some opposition to the application tonight. I'm.

P

Aware of some of the concerns have been addressed or to the board or have been voiced to the board.

P

A number of which are related to drainage on the lot on the lot collecting water in.

P

The rear portion of the northern portion of the lot or the property also concerns about access.

P

I know this board's aware that those issues if the approvals were granted tonight.

P

Would be addressed specifically before the technical advisory committee, which.

P

This actually, the plans have been there for for an initial review already a workshop session.

P

And all the technical issues associated with drainage and access will be flushed out and.

P

Will be something that does have to be addressed by the applicant at the planning board level.

P

Ultimately, my client will be improving the drainage conditions on the property which should.

P

Benefit surrounding properties, some of which actually kind of drain on to this property, or do.

P

Drain onto this property, in addition, public safety and access to the abiding properties along the.

P

Nab court should be improved as I'll touch upon when I go through the variance criteria. Turning.

P

The variance criteria granting the variances will not be contrary to the public interest, will.

P

Observe the spirit of the ordinance in order to determine whether granting the variances would be.

P

Contrary the public interest would observe the spirit of the ordinance, I think it's necessary.

P

To consider the specific intent behind the requirements that are being applied here.

P

The street frontage requirements, as I pointed out with the last application, are primarily intended.

P

For controlling density they've always been a density control to some degree. They also are put.

P

In place to ensure that you have appropriate access for emergency vehicles to property,.

P

As I pointed out, my narrative, if you were to merge the four closest lots of mcnab.

P

Court together, they'd be of nearly equal dimension to just one of these two lots.

P

So that's how big each each of the proposed lots would be after being subdivided.

P

In fact, lot 2 would be larger than all the surrounding properties, except for the.

P

Property to the right owned by the vince agueros, who submit a letter of support before you tonight.

P

The 30-foot feet of street frontage on mcnabb court would be consistent with the neighboring.

P

Properties on mcnabb court, all of which I believe, have around 40 feet approximately of.

P

Road furniture in their existing state, therefore, the density goals of the gra zoning district.

P

In the spirit of the ordinance are met by granting the variance for lot too,.

P

The new home will also be built in accordance with current building and life safety standards.

P

Wouldn't impose any undue burden on municipal services. So, for these reasons, just speaking of.

P

The frontage variants- it will not be contrary to public interest and would observe the spirit.

P

Of the ordinance and would not alter the essential character of the neighborhood.

P

Speaking of the rear yard setback variants, this relates to the proposed garage primarily on lot. 2.

P

Was I mean this is a feature that most home buyers.

P

Now, at least for new construction, I'm sure mr lee is aware of this as well.

P

Desire when purchasing in new hampshire, at this point, just due to our winters that we have here.

P

It is true that it will create a non-conformity where none currently exists.

P

But I do believe that the request is reasonable when you consider the intent behind the building.

P

Setback provisions and the proximity of the garage to existing structures on neighboring properties.

P

In the context of the surrounding neighborhood, which has a number of structures that are right,.

P

Up against property lines similar to this will be set back a considerable distance from the nearest.

P

Structure, I believe the nearest structure was calculated about 81 feet away from this.

P

The building setback requirements, as you know, are imposed primarily to protect the.

P

Light air and space gene structures on the budding properties this will meet. That goal won't have any.

P

Impact upon the nearest butter and the nearest, the butter has provided a lot of support.

P

And I think you'll also see by looking at the tax map that I included in the submission.

P

That the two closest properties, the north on of proposed lot, two on lincoln avenue- do have.

P

Detached garages that encroach in the rear road setbacks, so this is a characteristic.

P

That's very common throughout the neighborhood. The applicant did spend a considerable amount.

P

Of time and effort trying to locate the home on proposed lot too, so that no variance would be.

P

Needed for the rear portion associated with the garage.

P

This wasn't possible for a number of reasons. If you have a garage on the property, the primary.

P

Reason is that we're proposing to allow snow to be plowed down mcnabb court for the plow trucks.

P

To be able to take a left-hand turn into the property and actually store snow on the property.

P

As it exists now, snow is plowed up against the fence at the end of mcnab court, where it ends.

P

At our property, this it does actually create an access issue, but also creates an access issue for.

P

The abutting property owners, because it piles snow right in front of their houses, so we're actually.

P

Looking to alleviate that, and in order to do that, you have to move the garage a little bit back if.

P

We were to show you sort of the turning radiuses of going into the property and plow and putting.

P

That snow to the left, you we we're putting the garage basically up against the edge of where.

P

It's possible to take that left-hand turn in if you're a plow truck. So for these reasons, granting.

P

The rear yard setback variance is reasonable and consistent with the spirit of the ordinance.

P

Substantial justice will be done by granting the variances due the length and size of the property.

P

It has an oversized underutilized backyard because of the size and furniture on mcnab.

P

Court does make it ideal for subdivision the creation of a new single-family home.

P

It is important to point out to the board that the owner could actually develop a structure.

P

That would be of equal size to the proposed home in this location, the property and use the existing.

P

Access down mcnav court, if they so desired, um to build some sort of outbuilding wouldn't be.

P

A home, but it also wouldn't be subject to all the technical review that this is going to have to go.

P

To and meeting all the drainage conditions and everything else that this is going to have to.

P

Meet which is really going to have to improve conditions and make it better for the abutters.

P

So they could actually do that another use, although it would likely require frontage.

P

Variants would be that they could construct up to three condominiums on the existing lot.

P

By right with the lot area, just not with the frontage since it's 70 feet.

P

So I I mean those are important things to point out because I know you're going.

P

To hear some concerns about any structure being built back, there.

P

So I would submit to the board: there is no gain of the public in denying the variance is requested.

P

To contrary, I believe that there is a benefit and that the balance of equities weighs in favor.

P

Of granting the variances and, as ms rob pointed out, her letter to the board.

P

Her plan is really she's, trying to lessen her tax burden associated with this property.

P

Convey proposed lot too, to my clients, take that money and pass it on to her estate and also.

P

To pass lot, one which she um plans to to keep as long as she's alive um to the rest of her.

P

Family members so and that's the plan with the property, so there is a loss if the application's.

P

Denied the value surrounding properties will not be diminished by granting the variances.

P

To the contrary, I do believe there's ample evidence that proves that surrounding.

P

Property values would only increase with the creation of the new single-family home.

P

um Sei builders as examples constructed and fully renovated um several other homes in the south end.

P

All of which were non-conforming whether it was with respect to lot area frontage setbacks.

P

um I believe the boys rely upon those 84 rocklin avenue, 21 l, 1, 27 elwyn.

P

As examples of how surrounding property, values will be maintained or increased.

P

My client does develop well-designed homes they do fit within the context of their surroundings.

P

And I think that's being attested to as well. In the letter you received from.

P

Britain and tatiana shone of 1101 avenue literal enforcement. The provisions, the ordinance would.

P

Result in an unnecessary hardship, speaking of the frontage variants, the property is longer.

P

And larger than the surrounding properties as furniture on two public streets. So when you look.

P

At that, in the context of the surrounding area, it is truly unique in its environment.

P

When subdivided, each lot will meet and exceed the minimum lot area requirements for for gra.

P

Zoning thus complying with the purpose and intent behind the furnace requirement to control density.

P

um And, as I pointed out a moment ago, you could build something out here, other than a home.

P

But it would essentially have the same development impacts, but not be subject to the same oversight.

P

By the city, so these special conditions do make it distinguishable from surrounding properties such.

P

There is no fair and substantial relationship between the general purpose of the ordinance.

P

Provision, the frontage requirement and its application here with respect to the rear.

P

Yard setback variants: this really is associated with the topography of the property and that.

P

Being able to um turn into the left side of the property and store snow there, which is a benefit.

P

It's really only to surrounding property owners um and provide for safer access, as.

P

Well um so, for these reasons there is no fair and substantial relationship between the rear setback.

P

Variants and its application here, the rear setback, provision and its application here.

P

Finally, the proposed use is reasonable: it's permitted by right in the gra zoning district.

P

Be used as a single family residential. In conclusion, I understand, as a former board member.

P

On this board, it's obviously difficult when you hear from a lot of butters that are opposed to.

P

A project I also understand their concerns that are, you know, valid concerns related to drainage.

P

Access and also the fact that they're going to lose a view of open space if the. If the properties.

P

Develop but I would point out again it can be developed out here whether it's a single-family.

P

Home or something else, so the property is truly unique. I'd submit to the board that we do meet.

P

The five variants criteria for granting both of the variances being sought tonight.

P

And I would just ask the board before you close the public hearing, since there is a lot of.

P

Opposition that we um be granted the opportunity to respond to any concerns that the individual.

P

Board members may have, um if any before the public hearings close. Just because I know how.

P

It is sometimes public hearing gets closed and you you're. Like oh wait. I got one more thing to say.

P

I heard this concern expressed, but it's closed. I was just asked to be given an opportunity to.

P

Respond to any concern anybody might have on the board, so I thank you for that.

P

And uh happy to answer any questions that you have right now any question. Mr man, um yeah.

G

Great presentation, derek um question: looking at the map is, do you know if mcnabb court.

G

Is a public street all the way to your property? It's my understanding. It is a public street.

P

It's that it's expressly been treated as a public street and recognized as such. Okay, yes, and also.

P

The fact that the city does plow down as well would be at least some evidence that it is as.

P

Well, yeah, the only reason I ask when I'm looking at the city maps and you have something that.

G

Stops yeah, I know wait. I I tried to um I and I asked john about this too. We we tried to.

P

He pulled up an ancient plan in the area because we actually wanted to see if this.

P

Was actually more than um one lot, it was impossible to tell that the.

P

um Plan that we were able to get didn't exactly show this property, but it showed some of the.

P

Surrounding ones it should make knockport actually extending farther than it does now, but yeah the.

G

Only way to tell is to pull up all the surrounding house lots yeah and see if there's an easement or.

G

Whatever, like that, just like yeah, it was really difficult, though, looking at the yeah okay, yeah.

A

Any other question, mr mcdonald, do you know if there would be an.

B

Easement required for the the snow storage. I I think it's going to be an easement that the.

P

City requires that's, what's been discussed so far, um it did go through the um uh the attack.

P

Committee um for the workshop session- I don't know if this was specifically addressed. I know.

P

It's been represented, the city will have the ability to store snow on the property.

P

I assume that the city's going to require an easement not a license, because otherwise it's.

P

Not going to have that permanency so and the plan is for that to be a permanent solution for.

P

The city, because there's really nowhere else for the snow to go down there, so would you.

M

Characterize the position of the city now as favorable.

P

um I I know that- um and I I know john can also speak to this.

P

I don't believe that there were any significant concerns expressed at the tech workshop session.

P

So far, so I think it you know again it's more of a preliminary look. I guess, but so far there.

P

Haven't been any major concerns, I think it it's fairly yeah, sorry I'll. Let john talk to that.

C

Sure, thanks john shagging from ambit engineering, um so the city uh technical advisory committee, as.

C

You probably know deals with technical issues of any subdivision that goes forward, and so.

C

We need to go through and get their approval, we met with them and they were very concerned.

C

About drainage and protecting the neighborhood so we're working on some solutions that would.

C

Not have any impact to the neighborhood, so they're very.

C

They've come forward with some ideas and we've been tasked with implementing those ideas in.

C

The next phase of the design- so I don't want to characterize it as they've, voted in favor, but.

C

They've established a clear way forward that we, if we deal with the drainage, which we will.

C

Then the project can move forward. They've also talked about the, as you said, the easement for.

C

Snow plowing, where that snow can be plowed, and so we've discussed it with them, and we think that.

C

That's something they would be um happy to have because of the situation that exists now is a.

C

Dead end, and um would you say you can't you can't reach a conclusion right now, but it's moving the.

B

Right direction, yes, I would say most definitely yes and the. As mr durbin mentioned the street.

C

uh Mcnabb court used to go through, it was planted as a through street and there were.

C

Probably six lots in this area and that never got developed and then somebody developed the hook.

C

With the four lots that are on it, so I don't know when that occurred, but.

C

I think it was probably just by deed, because there isn't a subdivision plan.

C

Of that, I think that just happened over time. um Okay, thank you. Thank you.

A

Any other question, ms ms magnusson, so I know you know I'm familiar with this with this street and.

D

It's very tricky very, very tricky, um so I note that you have an oversized driveway and it seems.

D

That you have a provision in there that you can do a turnaround, because otherwise getting in and.

D

Out of that driveway, given the dimensions of mcnabb court would be almost impossible.

P

Yeah, I'm going to let john speak to that. Yes yeah. So what you see here is.

C

uh There's uh it's a one car garage and then for the second parking spot. uh It would be here.

C

And that would allow the either of these to to turn around and head out.

D

Okay, so, okay, there are two spaces that confront to the street. Thank you, mr rossi. I have a question.

C

With regard to the rear yard setback, the request for a 15.5 foot setback where 20 is required.

C

Is that necessitated by the garage? Because the house, the main body of the house, is 20.

C

Feet correct um actually at its closest point, if we believe it's actually feet, if we were to give.

P

An exact measurement, and that would be sort of in that heading back into that northern area of the.

P

Lot it it's hard to tell in the plans, but we do believe that that's at 19.4 feet, as as it.

P

Appears now to the back wall of the house, yeah and that's correct. That garage is 24 foot depth.

C

Yeah the numbers are kind of small I'm having a hard time reading up here. Is it 24 foot depth.

C

I think it's 22., I think yeah. So it's not oversized. It's not an oversized garage.

C

Would it still be functional if it was in the same plane as the.

C

Rear of the house, in other words, if it wasn't bumped out, I I don't want to take away from.

C

Derrick's presentation, but I've been working with the builder on this site for a long time.

C

Trying to position the house in the best place possible and uh initially the um and looking at it.

C

What was thought about to make this a complete neighborhood was to mimic what's going on with the.

C

Two houses that exist now on the north side of mcnab court and put another house.

C

Here and then the the you know, the plow could just continue straight and push the snow, and that was.

C

The owner would be over the moon about that because it puts the house as far back as it can.

C

From where she her house is now, but in looking at the uh topography of the lot, which I think is on.

C

The next sheet, if I'm not mistaken the lot slopes from south street nope, that's on the never mind.

C

But the departure- oh there's the topography, so you can see how there's a hill coming off of south.

C

Street there's a change in grade and that bottom part of the lot. The northerly part of the lot.

C

Is actually acting as the relief point for all of the budding properties, so the properties to the.

C

West and to the north all drain onto the rob property, and that area is not such that it holds.

C

The water and creates a wetland, but it is such that certain times a year, there's a puddle there.

C

And the neighbor's water is draining onto it, so we had to look at not putting the house there and.

C

Then the issue became how to best deal with the fact that the street really needs a relief.

C

For the snow and the house couldn't be put, I mean another thought would be to put the house right.

C

Up there and make it a full court, where everybody has their cottage right on the street, which would.

C

Have been nice if this was florida, but then we got the snow, so this house, being as we've designed it.

C

Is pushed up onto the hill and the garage has to be pushed back, so it allows for the ability to.

C

Push the snow onto the property if the garage was brought forward, it would just be simply too close.

C

To allow for that maneuver and there's also some great changes that are going to require.

C

Some stairways and whatnot so from the builder's perspective having that offset also helped with.

C

The layout of the house and the interior stairway does that answer your question. Thank you, but.

A

uh Mr shaggy, just saying for what is for what is worth mr rossi, the.

A

Sheet one of the architects jar and shows the show I thought it did excuse me it shows the.

A

Garage as 24 by 15 24, very clearly on sheet number one of the uh o'sullivan architects. Thank you.

C

Thank you, 24 15., so you're, correct, yeah. Thank you. Okay. Anybody else. Any questions.

A

From mr shagnan or mr der mr durbin, okay, all right! Thank you. uh Anybody else, nope, oh miss.

A

Mcdonald, one one last one is mcnab court, an area, that's not served by storm drains.

C

So currently there is some storm drains that are located on this portion of mcnab court before.

C

You take the turn, so part of the solution is probably going to be to extend that storm drainage.

N

Okay, thank you any other questions for the boards. At this point. No okay, thank you. uh Moving on.

A

Is there anyone president who'd like to speak in favor of this, who hasn't spoken already who's like.

A

To speak in favor of this proposal, anyone in favor anyone yes come up, please your name and address.

R

Good evening my name is andrew tebow and I'm going to read a statement on behalf of.

R

Julie rob my mother who's at 405, the owner, so you're gonna have to it's written in the.

R

First person so you're gonna have to imagine me as a beautiful 60-something woman. If you would.

R

I'd like to thank the members of the zoning board of adjustment for hearing my request.

R

This evening, regarding my property at 405 south street, I also wish to express my deep gratitude.

R

To the professionals who have helped make this project the very best, it can be I'd like to give.

R

You a little history on my property and explain why I made the difficult decision to sell part.

R

Of my land in 1904, my irish immigrant, ancestors, bartholomew and anne malloy, purchased the property.

R

For two people who had literally grown up in small thatched, roof cottages and left ireland and.

R

Their families behind the purchase of land was an enormous undertaking. My great-grandmother took in.

R

Wealthy families laundry raised chickens and ducks and sold eggs while bart worked as a coachman.

R

Until the popularity of automobiles made that impossible, he worked at the navy yard taking the.

R

Ferry across the river before the memorial bridge was built, they made do or did without in 1905 the.

R

Building of the house was completed and the family of 10 moved in and malloy often said she moved 12.

R

Times and wasn't moving again unless it was to be in the cemetery she accomplished. That goal.

R

One of her children may be remembered by some of the zba members, francis babe malloy, who.

R

Served the city in various capacities, rec, director, portsworth, high school teacher and vice principal.

R

The home pass from my grandmother to my mother and then to me. The home and land are full of.

R

Memories where someone sees just a field, I see my father's vegetable garden, a great sledding.

R

Hill and the site of numerous easter egg hunts enjoyed by five generations of my family as our.

R

New mayor mckern stated recently it's really important to me that on this council's watch.

R

We can do a little bit more to say that we helped build a stronger community people who have lived.

R

Here for generations have been forced from their homes and their children can't afford to stay here.

R

The mayor's statement hits very close to my heart. I'm a single woman on social security.

R

And although I have a part-time job and I'm as frugal as possible, my frugality will not.

R

Fix the leaks in the attic or the inefficient heating system, my annual property taxes exceed.

R

The original cost to build the house. I want to stay here and pass the property on to my sons.

R

But my only option to achieve that goal is to sell my lower lot. It is important to me to have.

R

Some input and control over what might be built on my family's land, so a single family, home and an.

R

Architectural style that complemented the existing homes was a must for me when I saw 21 lwin avenue.

R

Being renovated by the sai group and building a nearly identical new home at 27 elm, I admired how.

R

Seamlessly these houses fit into the neighborhood. I was intrigued by their motto: building the future.

R

Restoring the past I have been so impressed and pleased with the communication and commitment by.

R

Sai group to this vision for my legacy, property every conceivable concern or issue has been.

R

Addressed by them and their professional contacts, the new home and the engineering for various.

R

Issues like drainage have been addressed by the best of the best in our area, ambit engineering. I.

R

Am so confident in these organizations- and I hope the members of the zoning board and my neighbors.

R

Will appreciate the efforts and consideration which has been brought to bear for this concept.

R

I know that we've had so much large development happen very quickly in portsmouth. However,.

R

This project is a one family home is tastefully designed and thoughtfully situated. It will bring.

R

Tremendous value to the neighborhood and we will welcome a new family who appreciates our.

R

Exceptional proximity to downtown the school arts, recreation and so much more. It is a change, but it.

R

Is a positive, well-planned change, thank you for listening and for your consideration. Thank you.

A

Excuse me, uh who else would like to speak in favor anybody else? Anybody on the zoom call.

A

No thank you all right. uh Is there anyone president who'd like to speak in opposition.

A

To this proposal please come up and if there's a lot of folks, would you sort of line up please.

A

And speak right into the microphone and we need everyone's name and your and your address. Please.

S

Hi, my name is alex lepage. This is my wife lauren. We live at 53 mcnabb court, which is a directed.

S

Butter to 405 cell street we've lived there for two and a half years. This is our first home.

S

This is where we put down roots lauren's, a small business owner here in portsmouth.

S

We recently had our first child. This is our first night away with a babysitter, not exactly how I.

S

Pictured it, but we made a very concerted effort to be part of this community. This has been very.

S

Essential because, as you can see, mcnabb court is more of a shared driveway than a street. I know.

S

Some of you were there today um you can see it's 90 degree dog leg, barely wide enough for two cars.

S

um You can't really drive more than five miles an hour to make sure that you're, careful of people.

S

Cars and dogs. I would also say that I've had positive interactions with julie at 405 cell.

S

Street um so last summer, when there was a lot of activity from surveyors on her land.

S

I inquired what her plans were looking to sell or build something. She indicated that.

S

She was redoing the garage and doing a survey because one hadn't been done in a long time.

S

Fast forward to last fall and there were construction crews digging holes in the land with.

S

Excavator and then we learned from approaching the construction crews that they were determining the.

S

Best spot to build a home on the land, but again the owner did not share any information with me.

S

Or my wife about this ten days ago, she contacted me with the the plans to build the home, which.

S

He indicated was a 151 square foot house, along with the proposal that was submitted to the cba.

S

She offered that we meet with her liaison from the construction company if we had any questions.

S

I say this because I know there's no law that says you have to be neighborly or share this information. It's fully within their right, not to share this.

S

But I offer this because there's one line specifically in the proposal that states.

S

The applicant has taken a conscientious approach to its development by engaging.

S

Surrounding property owners to proactively address any concerns they might have.

S

I found this to be particularly hurtful and frankly, dishonest uh because we were.

S

Not asked once about our concerns prior to receiving the proposal about 10 days ago.

S

We were not involved in any way on the planning or design process.

S

And this is contrary to previous dba issues that abut mcnabb court, uh including uh 125 elman, ave.

S

Which we recently passed through here, as well as a new build at 88 lincoln, both of which.

S

Directly above mcnabb court and were passed, which shows that this neighborhood is not against change.

S

Furthermore, I'd argue that this particular proposal is even more important than those.

S

To bring before the board, because it's not an addition, it's not tearing down a house or.

S

Rebuilding a house in the same spot: this is a new single-family home, um that's quite larger.

S

Than the other homes in the area, that's at the dead end street. That's heavily congested already.

S

I'd also like to highlight one other statement from the proposal which states uh if the variances.

S

Were denied the landowner would be unable to subdivide the property, sell lot 2 for value.

S

And offset her existing tax burden with the under underutilized land in the rear.

S

As it was said, I understand this is a very unique lot for portsmouth. It's a lot of green space.

S

But I know that multiple butters throughout the years have approached the owner to potentially.

S

Purchase the land to keep it as green space, and none of those offers have been.

S

Entertained instead she's chosen to go this route, which is her right again, but I just want.

S

To make sure that that's clearly stated before the board today, and I think the fact that there's no.

S

Proactive outreach to neighbors means that you're gonna hear a lot of people from a lot of people.

S

um In the community today with these concerns, instead of potentially being discussed ahead of.

S

Time um and not taking up this board's time um so now I'll invite my wife lauren uh to share some of.

S

Her additional concerns hi everyone. Thank you for your time. um I'm just gonna get right into it, and.

I

Focus on the points that we feel are the most concerning in relation to the variances they're.

I

Asking for to get granted today, most specifically the mcnabb port frontage variants, um the.

I

So they're asking for 25 2500 square foot home on 30 feet of mcnabb court. um I've looked at the.

I

Map- and I don't fully understand this request, because the mcnav court width of the street.

I

Is only 24 feet wide, that's extra six feet is looks like it cuts right into 54, mcnabb's paver.

I

Patio and front stairs, so I don't so. I think we're they're really asking for 24 feet of frontage.

I

But I'm I'm new to this. I might be ignorant about that that request, but um now.

I

The amount of frontage aside, uh the logistics of having another house on mcnab.

I

As their only way in and out of their property as a safety concern to us,.

I

As my husband mentioned, moving in and out of mcnabb court in our own driveways as it currently.

I

Stands is very challenging as those you know who kind of pulled in there to check it out today.

I

This proposed four bedroom house with a one car garage, an oversized driveway that can.

I

Fit four more vehicles, I know it's, you know explained as a turnaround, but you can kind.

I

Of load that thing up with more cars, and it will also be simultaneously taking away the only two.

I

On-Street parking spaces that mcnabb court has to utilize. We can assume the new house will.

I

Have visitors deliveries and other additional services creating more congestion to the area.

I

More people coming and going in their vehicles is even more greater concern for the pedestrians.

I

Of the area, the loss of those two parking spaces also makes more people have to park.

I

As mcnabb members, further at mcnabb or on lincoln, creating more pedestrian traffic.

I

Coming in and out of the street, we currently have multiple sets of grandparents that visit their.

I

Grandchildren in these homes that will now have to walk down the street with no easement, no sidewalks.

I

With that blind turn further contributing to safety, we also have children that walk to school.

I

Again, no easements or sidewalks for safety, and this is going to just create further congestion.

I

Next, I want to point out that our front door, where our front door is in relationship to the.

I

Proposed plan, um currently our steps walk right out to that that end of that street um right, where.

I

That driveway is planning to be right. Now it's the end of a dead end and it's a safety risk for.

I

Our family now that we're going to have moving vehicles coming by our house.

I

It's you know the nature of our home, but as far as resale value goes, that is a concern for us.

I

The nexus proposal makes multiple references to about how the design of.

I

The new house will fit into the seamlessly into the neighborhood and not to affect the character.

I

While this interpretation of character is true, and this consideration is important, the.

I

Essential character of this neighborhood also has to do with how the neighborhood functions.

I

And this is going to drastically affect how we operate as a mcnab court group of people. Bottom.

I

Line allowing this new structure to access mcnabb greatly affects mcnamara residents.

I

Their children, their visitors safety and also affects the character of the neighborhood.

I

The second piece I want to address is the water that everyone's kind of been hinting at. um We.

I

All have you know the original fieldstone basements water um in the basements is a.

I

Constant battle, we personally have standing water in our basement. Most of the time we've invested.

I

In water mitigation basement solutions with you know some improvement, but still working on that.

I

And any anything developed on this land is going to affect the water in our basement, but putting in.

I

A very large home um is going to affect that even more so um that standing water that they say is a.

I

Puddle can be up to a foot of standing water that sits on that whole side of that lot. In the back.

I

End of the lot right next to our house, all of that water drains into the ground comes right into our.

I

Basement goes into our sump pump. Our sump pump is working around the clock. That's currently how.

I

It is now it's just the fact of that property, but anything that they do is going to affect that even.

I

More um they've addressed that they're working on water solutions and and things like that, they've.

I

Been vague, I feel, like they've, been a little vague tonight about what those solutions are, but it's.

I

A it's a huge deal for us and our in our current situation. um I think one thing that has not been.

I

Touched on tonight is because of the surface area of that driveway there's going to be more water.

I

Runoff from the driveway that's now again, it's directed right towards our house at 53, mcnabb.

I

And there's been a lot of talk about snow, whether the snow is in front of my house or beside my.

I

House, it's still ending up in my basement, so we don't personally have any concerns about where.

I

The snow is they're not really doing us any favors, so I just wanted to make note of the snow issue.

I

And I think that's all I have to say I will thank you. Leave them to somebody.

I

Else, unless you have questions for me, oh apparently not next next speaker, please.

A

I'm sorry nick speaker, please good evening uh ben otis, 46 mcnabb court. I've lived there for 16 years.

N

Now uh raised our three boys on that street. It's a very unique street in town as a dead-end street.

N

No sidewalks, no curbing very, very sh uh narrow. You really can't park in front of your house.

N

Or you're blocking the street, so one of my big concerns is parking. If, if we put a fifth house.

N

On the end of that street, um it instantly gets rid of two extra parking spaces.

N

We have over 15 cars coming in and out of that street because, yes, I'm one of the four houses on.

N

That street, but lincoln and elwynn back up to that street and access their garages or their driveways.

N

Through mcnab court, so I I feel parking will be a very big impact to the neighborhood. The.

N

Other thing is the water which has been touched on, not just the the water coming down, but the.

N

Water coming up this, this neighborhood has a very high water table. My sump pump runs often you've.

N

Got south street on one side: kent street, on the other and it's kind of right in the valley. So.

N

Whatever they're talking about about just runoff drainage,.

N

My other big concern is the drainage that comes from below up because the water table's so high, so.

N

Thank you. I'm kristen trepain otis, benotis's, wife, 46 mcnab cord as well, and.

O

Unfortunately, I feel, like a lot of words in time, have been wasted tonight. Talking about snow.

O

In the 16 years that we have lived on mcnab court, only once has the snow piled against this fence.

O

Where this frontage is on mcnab court, it was in the blizzard that just happened in january.

O

And the reason why that snow was piled, there was because a substitute, snowplow driver came.

O

By the day before and said, where do they put the snow and ask the neighbors and got poor.

O

Information that the snow went there, the snow did go there that time, there's actually a fire.

O

Hydrant right there, so the snow should not be piled there ever anyways. Typically, the snow is.

O

Pulled out with a payloader and brought over to city hall, or it's pushed to the straight end of.

B

Mcnabb court to the right of our home, which is part of city land, to the right of us. That.

O

Backs up to that house, that's on a back lot on south street so that all this talk about.

O

How great it will be for the snow to be removed is a non-issue. The snow does not get.

O

Pushed against that fence. It did that one day that one time and it has not.

O

Been an issue we, our children, are getting older, they're, middle school and high school, but.

O

We chose to live on this very quiet street because of the ability for the kids to play safely.

B

In the road, our neighbors have all been kind, and we all have worked together to move our cars.

O

In and out to park in ways that everybody can feel that they can have company and.

O

Be accommodated and adding another home to the end of that street will eliminate.

O

All of that, the ability to play the ability to be in the street the ability to congregate as.

O

Neighborhoods or as neighbors rather and create more traffic and more traffic jams, you wouldn't.

B

Think there'd be a traffic jam, but there is a traffic jam every day on mcnabcoit. Thank you.

N

Good evening, thank you very much. My name is dan lacava. I live at 72.

N

Lincoln avenue the property that directly abuts the the north edge of lot 2.

N

I was born and raised in portsmouth. In fact, I was born in this building.

N

A couple of hundred feet above me, but uh I've lived in this town. My whole life.

N

uh My house has been in my family too, so we all like to protect the legacy and our and our our.

N

Families have always been friendly. That is not going to change the result of this. In my opinion,.

N

But it's important to note that as ben indicated, we're we're in a valley between kent street.

N

And south street, so we live where the water collects. That's my biggest concern is the water.

N

And I I don't believe they have a strong answer on where the water is going to go. So I'd like to hear.

N

What's going to go on with that, another concern I have is for my neighbors children's safety mcnabb.

N

Court is a bustling place if you've ever stopped by on an afternoon you're going to see half the.

N

Neighborhood of south of the south side playing in that street and they have to deal with cars all.

N

The time which is just part of living, but one of the things that we should note about mcnabb court.

N

Is that there's a fire hydrant on the street because you can't get a fire truck down mcnab.

N

Court now what happens if we have a dwelling at the end of mcnab court and something goes.

N

Wrong during construction and the place catches on fire, we've got no access in order to get a.

N

Fire truck there right, you could pull the water out of the backyard that would be effective, but.

N

You get to hope that it rains the day before so again. My big opposition is with safety.

N

Also, I don't know where they're going to put the construction equipment for when they have.

N

To tear up mcnab court to extend the drainage or change the change to plumbing. I don't know where.

N

The material is going to go: where are they going to put all the material to build? That house.

N

Where are the trucks going to park when it's time for them to spend six months building this thing.

N

If they can get it built in six months, the house next to me, took two years to get built.

N

So those are my concerns. I I don't like to be somebody who says I don't want something done.

N

But I think we have like pretty much an 80 a butter disapproval rating on this one.

N

And I guess the last point would be density, I'm trying to figure out how.

N

We can say that this is not a problem about density. If we're adding a new house to an.

N

Area where it doesn't exist, it's making it more dense right. So um I asked the board to.

N

Disapprove this and uh thank you for listening. Thank you. Thank you. Next next next speaker.

A

Next speaker, please sound a little slow here on hip surgery yesterday, but I wanted to make no.

A

No races tonight and I am the neighbor I met- alex griner 88 lincoln. I am the neighbor who did take.

N

A couple years to build that dan's, referring to, although we're good friends now um so alex griner.

N

88 lincoln, I lived there with my wife kathleen two young daughters. um It goes without saying the.

N

Tremendous appeal that anyone would want to choose and again we're on lincoln out, but our our home.

N

Is frontage is on in lincoln, but our driveway is actually off mcnabb or the first driveway on the.

N

Left, as you turn on tons of appeal and people before we moved to here, as we were looking for.

N

Places to live when we mentioned we were looking at a house on lincoln and mcnabb. Everybody seems.

N

To know mcnab court, it's a very unique property. People know it for trick-or-treating and block.

N

Parties and just the small, unique setting that it is, has a ton of appeal and everybody.

N

And probably sound like a broken record and people have mentioned it. It's it's tricky. It's unique.

N

There's no sidewalks, there's no! You know it's very narrow, but like what a great place.

N

To raise kids and have them, uh you know bike and scoot around which we're just starting to.

N

Enjoy now with a three and a six-year-old, so I'm probably going to echo the things that you've.

N

Probably already heard tonight, you know starting at first to read what what alex started off with.

N

Again, I I don't think, there's any obligation for neighbors to come to the neighbors before they.

N

Come to this hearing to apply, but I I would contest that it's definitely misrepresented.

N

That there was a conscious effort to go reach out to neighbors about this project. I, like alex.

N

Had seen work going on there in the past and kind of poked around and did talk to one of the end up.

N

Sai liaisons to try to find out what was going on and poke around for a little bit of information.

N

But the next time I heard about this project when I got a letter in the mail like anybody else about.

N

10 days ago, so there was no proactive engagement to understand neighbor concerns and I've. Yet.

N

To talk to a neighbor that was reached out to proactively aside from you know, the door-to-door.

N

This last week, in advance of this hearing, the other concerns they have, which you've heard are.

N

Water, so we've spent thousands of dollars. We've got a couple: sump pumps going in our basement.

N

You know frequently when it's wet out: we've spent thousands of dollars.

N

Even though we have a nearly new construction, we did keep the old fieldstone foundation so.

N

We deal with a lot of the water issues that you've heard about so I'd be very concerned.

N

And it doesn't, it didn't, did not give me much confidence. The way it was presented tonight.

N

That there's any resolution to those water issues. Safety is a huge concern during the construction.

N

Phase, it's such a unique property. I struggle to understand all the heavy equipment excavators.

N

Lumber etcetera and the constant flow of trucks that would be there during the construction.

N

Phase again, there's, I think, there's 12 kids that live just in that little court between.

N

All the neighbors that about that down on mcnabb and also the people who have driveways.

N

The seppas and other folks who live on elwin but have driveways and kids play down there and then.

N

Just the ongoing it will add more cars and more vehicles and more deliveries to a very unique.

N

You know small small dead end, which concerns me trying to live there long term um and also I.

N

Would just say too, like the just again the street density? I think this seems to me that uh the south.

N

Street property is unique but they're using a tiny slice of access to mcnab as justification to put.

N

A large home effectively in somebody's backyard. So for those reasons I'm opposed to this project.

N

Thanks for listening, thank you uh is: are there other speakers in opposition? Please, please come up.

B

Hello, my name is lucinda lloyd and I live at 54 mcnabb court. So I am the butter right next.

B

To the land, um I have the fire plug right in front of my house, and um I came to mcnab court.

B

Being the last house on a dead-end street and our neighborhood is like a norman rockwell picture.

B

It's a place of a lot of community and safety about the little children that.

B

Are running around our our speed zone is like five miles an hour.

B

I'm worried about water in the basement I had to have french drains put in when I came because.

B

There was standing water in the basement and I'm the first house as you come down the hill. So as.

B

They displace all the land to build the house. The water has to go somewhere, I'm first in line and.

B

The increase in traffic is a problem that I think will happen for not just the construction.

B

But a four bedroom, two and a half bathroom house is bigger than most all of our houses on mcnab.

B

And the size and the scale is not in proportion with what the neighborhood.

B

Is um having a one car garage there's no way a four bedroom house is only going to have one car.

B

They're going to grow up and be teenagers and have to have their own car.

B

I think my neighbors have said most of the other things, but the the variance is. Could you speak up.

A

Just a little bit, please, the variance is thank you about. The frontage is right in front of my.

B

Front stoop and that's where the fire plug is.

B

There isn't hardly 30 feet there. It will take away between alex's my front yard.

B

Enough said, thank you. Thank you other other speakers. Please, please come forward.

A

Hi, thank you. I assume this is the mic. You want me to talk into yes, that that would be great.

Q

Marvel can everyone hear me great? My name is ryan russman. I live at 137, elwynn avenue and I actually.

Q

One of the property owners who has access to his garage on the back side of this property.

Q

In fact, the house next to me also has access to their garage on the back side of this property, so.

Q

When we talk about the actual area that is being used for the egressing of this property, you're.

Q

Going to this road excuse me you're, going to have to also take into consideration those houses that.

Q

Are on ellen avenue, including um the realtor who who spoke in uh support of this particular.

Q

uh Discussion so I want to talk to you about this particular street, not necessarily about.

Q

The war because I think that's been really well covered, but I do want to talk to you about parking.

Q

And about actually the how the roadways laid out now this is this: the is this the little.

Q

Device that shows you, if you hold it, it'll, I'm holding it in the top button.

Q

Three years, four years of college and three years of law school, I can't seem to use this thing.

Q

um Can I walk up to it? I speak really loud. So if you grab the portable mic there, you can awesome.

Q

Can you hear me now there you go, I feel like I'm a comic. I wish I was funny, but I'm not, but what.

Q

I want to tell you guys is this that here's mcnabb court- this is uh my driveway down here.

Q

And so what happens? Is you they're all talking about plows? Well if they actually lived on our.

Q

Street they talked to us, they knew what they were talking about, which they don't. They know.

Q

That they don't use a plow on this street, they use a backhoe and if you know anything about a backhoe.

Q

I know you're a realtor, so maybe you've done construction. It actually has a large claw off the.

Q

Back and so when you swing that you're actually going to have to make this corner and this corner.

Q

Much more challenging, which means if they intend to put a plow down here as the backhoe, which is.

Q

What they use makes this corner the back end of that device is actually going to swing.

Q

Across this way, in addition to that, what's also going to happen is when we have a snow.

Q

Placement here, what they're, also not talking about is that they salt our road born and.

Q

Raised in new hampshire, uh we still put sand and salt on the road, and so when the snow melts.

Q

The water with the snow also is pressed into the land. There's something called riparian.

Q

Rights, it's a silly legal war, but it talks about how water topography works, and so the difficulty.

Q

Here is that if their intention is to move snow and to put it here like it's, somehow, saving us.

Q

You're actually going to be killing everybody's grass on the back side of this, because.

Q

I happen to live here and guess what this is where they put most of the snow. It's a huge pile of snow.

Q

If you were there, my kids sled on it, they love it, but the problem is, you can't grow grass. There.

Q

Every summer ben and I we had to put new grass down because guess what happens.

Q

It all gets killed, so the solutions that they're coming up with in terms of trying to uh mitigate.

Q

The snow situation aren't necessarily found in logic now. The other thing you don't know about.

Q

Me is I I was a volunteer fireman, so probably I'm I'm guessing, I'm probably the only one in this.

Q

Room, that's actually driven a fire truck, maybe there's some people who have it, but I have now.

Q

Portsmouse is getting a new 100 foot rear mount ladder. It's a platform truck it's monstrous I'd.

Q

Love to see how they're going to make this corner it's a platform truck and if you're going to put.

Q

A multi-story house here, one of the things you want to do is vent the roof, because fire has to be.

Q

Putting a vent through it's a firefighting tactic. I don't necessarily need to understand.

Q

That but the idea is, that's the device they're going to use good luck, making that corner so.

Q

The other issue that I guess I have with this project is that there was really no discussion.

Q

You know I'm a lawyer. Conflict is my business, but if you are in a neighborhood, this small.

Q

Wouldn't you want to have at least some consultation, there was none and agreed. They don't.

Q

Have to but here's the interesting thing have they talked to us or if they'd even approached me.

Q

I would have said: look you want a tax benefit, there's actually a way to do it without making.

Q

A house lot: you could potentially have this property subdivided sell a conservation.

A

Please address the board. I apologize not not the audience I apologize. Thank you. I was directing.

Q

Because I wanted them to know this way, but I totally understand so. My point is that there are.

Q

Alternatives to this particular property that can be done. In fact, what would be great is if.

Q

They did do a conservation use it because, as they discussed, there's a large vegetable garden here.

Q

Wouldn't it be great to have a community vegetable garden here? Well, guess what there's plenty of.

Q

Space, it gets great sun, it would do a wonderful thing, she would pay less taxes, she could get.

Q

Actually, a payment for this and it solves some of that problem. There are alternative solutions here.

Q

So I appreciate the the the performance was put on by council. They did an excellent job.

Q

Addressing the prongs of these these circumstances, but at the end of the day, they're asking for.

Q

A egressed ingress of 24 feet. Folks, I will tell you that that's far different than a hundred foot.

Q

It's not even half it's not even a third. It's really a quarter of what the frontage would be.

Q

Necessary here that's an enormous change in the property. Lastly, I'll tell you this that.

Q

There are multiple kids that live in this neighborhood. I have two of them.

Q

We all have dogs, oddly enough and because we live in portsmouth, and we all know that this.

Q

Small area can destroy the area, guess where the kids play ball, because we don't have backyards.

Q

Here, what's interesting about us, is this frail that somehow there's this great relationship.

Q

With all of us as neighbors, there's a fence here when balls and things go with the yard.

Q

The kids get yelled at so the fact is that if you now put a street with more cars on here.

Q

You're actually going to make this stretch of road even more dangerous, and it is absolutely true. The.

Q

Neighborhood pours into here and the reason. Why is because it's dead end here and it's dead in here.

Q

Parents on ellwood avenue don't have to worry about the kids playing the street because there.

Q

Isn't the kind of traffic out there so for the reasons that I've stated? I think that there are.

Q

Multiple ways that this process can be reviewed and in protest they could come back with another.

Q

Proposal but the variants that have been proposed I'll come back to the mic. The variances have been.

Q

Asked for are extraordinary. The care that they've taken to address the community has been poor.

Q

And the reality is that the ask in this case the ask is for a hundred foot down to 24 feet is.

Q

Enormous they haven't given a due consideration to this and if they'd actually gone to the property.

Q

Talked to the public works, they would know how the road was plowed. They would have some understanding.

Q

Of the issues in terms of riparian rights and the water problems that we all have, but that.

Q

Was never done and if you would like rebuttal, then I would like serve a bubble. Thank you.

A

uh Next speaker, please.

L

Wow I'd say have bad timing to go after him, but.

L

I am nina fox hurlihi, I'm the owner of 60 lincoln avenue, but I live at 55 lang, road and rye.

L

I am going to repeat some of the things that were said not all of them, but I was surprised.

L

When, on page four of the durbin law letter, it also said that the applicant had been um had taken a.

L

Conscientious approach to the development of engaging surrounding property owners.

L

I was never contacted as many others have said. They were never contacted.

L

I first heard about this also from receiving the letter about this meeting.

L

I understand it's, not a lega, a legal thing that they have to do, but then it shouldn't.

L

Be stated by their lawyer in a letter that it was done. That's misleading and not true.

L

I don't know if it's customary for a builder to contact, finally, a butters of which I.

L

Am on the north side next to the lakavas on lincoln ave.

L

I don't know if it's customary to contact the butters.

L

Literally, less than a week before this neighbor this meeting to ask them if they have any concerns.

L

To me, timing is everything and that timing is way off.

L

I've crossed a lot of things off as I've listened to other people to make this shorter.

L

I too have water problems existing now.

L

The the property that like that is at the bottom, the bottom of this field lines up against my.

L

Back my back area- and it has not a puddle but often times in heavy rains or after snows and.

L

Thaws, it actually has a pool of standing water. This happens in the summer too, which increases.

L

A health risk because of standing water and mosquitoes.

L

um I haven't lived on mcnab court, so I did just learn about the backhoe, but I was I was concerned.

L

With the possibility of pushing more liquid into the middle of the field, to then melt down.

L

And continue to increase the probability of our basements being flooded again, we're in a low.

L

Area, it comes right down kent street right into my cellar. I have two sump pumps. I have french drains.

L

So I could not see I mean I had my magnifying glass out. First of all, with the plans, the.

L

Writing's so small, I'm sure some of you can see that problem, trying to figure out where.

L

The drainage was they were talking about, I don't see it, um I don't see any hydrology studies and.

L

Ambit may have done it, but I don't see them anywhere in the plan.

L

um And- and I just think this plan, you know they're saying that it's being addressed, I'm.

L

Uncomfortable having a variance passed to move this property forward until there is.

L

Drainage issues and solutions in place we are going to incur increased hardship at the expense.

L

Of having to do more to our basements, if water continues it's going to come off those roads.

L

Right down that hill, it affects the houses on mcnab court. It affects us very much at the bottom.

L

There was also- I will go back to that so again, I I think drainage solutions and remedies should be in.

L

Place before any variances are passed, I too have concerned about safety on mcnabb court. Although.

L

It doesn't affect me directly. This is, I am part of that neighborhood with people passing by.

L

I lived there for many years before I got married and moved to rye and I have hopes of someday.

L

Either the both of us or, in the worst case scenario, me moving back.

L

To age and place in that house, so this is very much of a concern and a long-term.

L

Concern I bought my house in 1989. I've been there a long time. I've owned it a long time.

L

I believe neighbors have a right to make changes to their properties, and this is shown by the.

L

Fact that if you look back, I did not have one grievance or complaint about variances with the.

L

Property at 54, lincoln ave when it was built. It is literally a driveway away from my house.

L

The changes they proposed were reasonable. The new owners were forthcoming, they drove.

L

Out to rye, with their plans before they even started to do anything, and we talked.

L

Yes, I did, it impacted my views of the park, both in the front and.

L

The back, but it did not cause any potential structural or safety issues to my property.

L

And others in the neighborhood, like the subdivision of 405 south street, does.

L

I think the proposed subdivision impacts the entire neighborhood and butters in a negative way.

L

The only one that I see it does not affect negatively is the owner.

L

Who who I've had very pleasant dealings with over the years? Who wants to subdivide it.

L

Durbin mentioned that a budding proper properties, I believe he said on lincoln.

L

Ave have garage, I do not have a garage. I am one of the two director butters on lincoln ave.

L

And the lacovis has always struck me as a shed. It houses a motorcycle.

L

So I'm not sure what they again are referring to. I feel there's been a lot of inaccuracies.

L

A lot of poor handling of this whole plan um lack of transparency, and I I actu I ask that.

L

That, before any variances, are granted that these drainage and other impacts safety and.

L

For children and and residents and narrow, I mean mcnabb courts, not even a road. It's tiny.

L

I I ask that before variances are granted for this project, all these things are considered.

L

And remedied, thank you very much. Thank you. Nick I'll run, you most speakers yes come on. Please.

R

I'll make this very brief. My name is brandon seppa, I'm at 151 l1 ave. um So my.

R

My property abuts elwyn ave on the front and mcnabb cord on the back.

R

So it is actually my yard into which all of the piled snow piles every year and actually we love.

R

It uh for the record my kids play on it constantly when they come home from school. For the record, I.

R

Too was not consulted as any part of the planning process. Here I just want to put a finer point on.

R

The discussion about safety uh it was mentioned there are actually 11 children in that very short.

R

Stretch some of you, it sounds like you visited the property the street today or yesterday that very.

R

Short stretch only a few hundred feet, there are actually 11 children on that stretch.

R

Only three of which are older than 13: okay, no sidewalks! No curb nothing like this right.

R

We, in fact, during the summer months, uh some of us strategize in the neighborhood about placing.

R

Temporary bollards in the street to slow the delivery vehicles to create obstacles.

R

To force them to slow down, particularly as they take that that 90 degree turn that's.

R

Completely blind right so um and, as mr russman said, let's address the board.

R

Oh uh okay, I was just I'm sorry, I'm just gesturing mr trees addressed us. Yeah, yeah, fair enough. So.

R

As mr russman said, a fire truck would struggle to get down the road and turn around.

R

Understand that even delivery vehicles like amazon delivery vehicles, which are designed.

R

To balance capacity with turning radius can't turn around on mcnab court. In fact, mr russman.

R

uh Built a new driveway recently in his yard that was crushed by such a delivery vehicle, not.

R

Too long ago, because the vehicle was struggling to turn around so I'm struggling to understand.

R

And granted, I'm not an expert in construction, uh how earth movers ditch diggers concrete vehicles.

R

Etc, are going to safely move up and down mcnabb court to see this construction through.

R

Thank you. Thank you, anybo anybody else, any any final final call. Okay come up. Please.

S

Hi uh alex lepage from 53 mcnabb. I have two letters from um additional butters uh who.

S

Weren't able to be here is it okay? If I read those now, uh I hope. Are they fairly short I'll.

S

Make them, as short as I can yes. Thank you. The first is from patricia cabrera at 113 l1 ave.

S

I would like to express my concerns about the proposal to subdivide the lot on 405 south.

S

Street to build a house at the end of mcnab court, my backyard directly at butts mcnabb.

S

Court, my first concern is the effect the house would have on the water table. My house is at the.

S

Lowest point I know when ave my basement has never been dry but gets flooded much more quickly in the.

S

In the past few years my sump pump runs more often than not lot. 2 is very wet and the weight.

S

Of a house will only cause the water table to rise, the house is proposed is much bigger than.

S

The four houses on mcnab it would cause our extremely high taxes to go up even more a new.

S

House would change the character of the street and add more traffic. There's a number of small.

S

Children who ride their bikes and scooters more cars means more chances of a child getting hit.

S

This next letter is from greg sullivan and stephanie sullivan, who live at 43 mcnabb court.

S

I quote: our property is diagonally um across from the proposed new property 405 south street. We're.

S

Out of town for this meeting, but would like to follow him to be submitted and incorporated for.

S

The record of the meeting we are vehemently opposed to to the request for the continuous.

S

Street frontage to allow 30 continuous street frontage on mcnab court, where 100 is required.

S

And the reorder setback to allow a 15.6, reyard setback where 20 is the minimum required.

S

For the following reasons, as part of section 10 120, the ordinance states, it is intended to.

S

Implement the goals and objectives of the master plan by regulating the intensity of land use.

S

Including lot sizes building coverage, building height and bulk yards and open space, these four.

S

Identical new englanders houses on mcnabb port were built between 1900 and 1910 and were built.

S

Very close together, one of the purposes of the zoning ordinance of the 1960 requirements.

S

Was to require minimum lot dimensions to allow more open space between houses.

S

This request is to reduce the dimensions further to construct constrict the open space in our.

S

Neighborhood the applicant states that grain the for number two, the applicant states that granting.

S

The frontage variants will not alter the essential character of the neighborhood and further states.

S

The home and related features will fit naturally into the context of the surrounding neighborhoods.

S

As can be seen from the three photos the applicant has included in their proposals.

S

Eleven of the twelve new englander houses were immediately surrounded. The proposed house are.

S

Quaint new englander style homes that are three bedroom with 1.5 bathrooms, the proposed house is.

S

A modern four bedroom 2.5 bathroom with attached garage that would alter the essential character of.

S

The mcnabb neighborhood and not fit naturally within the surrounding mcnabb neighborhood.

S

The proposal states that the house is a four bedroom 1.5 bathroom that's been discussed.

S

Already so I know that was a mistake that mr durbin mentioned, but a house, this big will likely.

S

Cause more occupants than to have just one car three of the four existing houses on mcnabb court.

S

Each have two cars. There are also two houses on elwin ave that each have access to their garages.

S

And driveways via mcnabb court, one of these houses has a driveway for four cars. Mcnab court is a very.

S

Narrow street, with a 90 degree, turn to get to the houses, add delivery, trucks, contractors and.

S

Guests and the street is already subject to heavy traffic and very limited parking. In addition to.

S

The increased traffic from the proposed home this proposal also eliminates one of the four parking.

S

Spots used for mcnabb court guests again, according to part of section 10 120 of the zoning ordinance.

S

The design of facilities for vehicular access circulation parking and loading adding another.

S

House with multiple cars will further exacerbate the traffic, wear and tear on the road and further.

S

Reduce the available parking spaces for guests number four: the applicant subjectively states.

S

Having a garage is almost almost viewed as essential, given the harsh winters, only five.

S

Of the 12 surrounding houses have a garage. Winters are getting less harsh due to climate change. Five.

S

Due to the slope of the property and lack of drainage, a small pond develops at the base of.

S

The lot and the surrounding neighbors yards after every heavy rain storm the water seeps.

S

Into the ground and triggers our sump pump to run every few minutes for a day and sometimes more.

S

Depending on the amount of rainfall, it is even worse in the spring, when the snow pile at the.

S

End of mcnab court from the winter's plowing melts once again on the zoning ordinance. The.

S

Impacts on the properties of outdoor lighting, nose, noise, vibration, storm water, runoff and flooding.

S

Building this house will displace water to surrounding properties which could cause.

S

Flooded, basements increased electrical bills and additional wear and tear on our sump pumps number.

S

Six in the winter, because mcnab court is so narrow, a dead end with a 90 degree return to get to the.

S

Houses, the dpw can't use a standard plow because the street is too narrow and there's no easy way.

S

To turn around, they use a small front-end loader to plow the street. The driver pushes the snow to.

S

The end of the street backs out and continues to make several passes until the street is wide.

S

Enough for cars on page three of the proposal, the applicant states, location of the proposed home and.

S

Garage will allow for the city to plow snow down mcnabb court. This raises a number of concerns.

S

This assumes that the new property owner and a future future owner will agree to this.

S

This assumes the city driver will know that he or she is allowed to push the snow to this location.

S

And there's no assurances to the mcnabb court residents that the new owners and any future.

S

Owners will agree to this. um This is this review is to approve the request uh for variants at 405.

S

Cell street, what is not being factored in are the previous variants approvals for 88, lincoln.

S

Ave which it butts the north side of our house, uh the approved variance, is for 125 element ave, which.

S

About to the west side of our house, approving this variance on the east side of our house would further encroach on the properties of mcnab court and reduce our open space.

S

Just two more the applicant states, the light air and space of the property on 393 cell street will.

S

Not be negatively impacted by the garage, however, the light air and space on the properties on mcnab.

S

Court will be negatively impacted the sunrise for the east that we can currently see every morning.

S

And the view from langdon park will be blocked by the house and the garage and the applicant.

S

Claims in the property in the proposal that they have taken a conscious approach to development.

S

By engaging surrounding property owners uh to proactively address any concerns, they may have.

S

We have not been contacted by anyone during this development of the proposal. The first contact we.

S

Had was the better notice of this two weeks ago, it wasn't until five days ago or three business days.

S

That the applicants started to contact our neighbors. So finally, for the reasons cited above.

S

We do not believe this new home will be in the public interest of the residents of mcnab court.

S

We believe the design of the house will negatively alter the essential character of the mcnabb court.

S

Neighborhood, we believe that building a house over the garage will result in unnecessary hardship.

S

Flooding reduce parking and traffic constriction, reduce light air and space to the residents of.

S

Mcnab court therefore do we we do not believe the applicant has met the five criteria for granting.

S

The variances and requested the zoning board of adjustment deny or reject these variance requests.

S

Thank you. Thank you. Excuse me any anyone else to speak in opposition before we go just before.

A

We go anyone else in opposition before we go to the last call anyone else in opposition.

A

Anyone, mr smith, on the no one on the zoom card. No one on the zoom calls all right. uh Okay, we're.

A

Going to close that aspect of it and we'll go to the last call, which is to for or against by.

A

Which case anyone can come up and please and- and we especially welcome a new information.

A

uh Two four are against and no time limit, but please be succinct and particularly if you have.

A

New information, we appreciate that. Thank you, okay, my name is derek rolfe and I live at 419 south.

R

Street we um directly about julie's property um and I'll try to be, as short as I can on this one.

R

We've been there for 20 years and I believe when we originally moved in julie's mother and her.

R

Brother had lived in the house and then since then, julie has taken occupancy of it and you.

R

Heard her story of her family having the house for generations and I believe, that's her hope for the.

R

Property she had once said to me years ago that she would sell the property over her dead body.

R

So I think that she has reached a point where she has no other choice and she's hoping to.

R

Maintain the house and her family I'm hoping that there's some solution we can find for her to do it.

R

But you've also heard from a lot of neighbors around here that have some very legitimate.

R

Concerns now you heard a lot about the water. um I don't need to go into that. I think you've got.

R

The sense for how bad that is, but they have real legitimate concerns and I'm hoping that there's.

R

Some remediation that can be found to address those concerns, possibly having a third party.

R

Come in and validate any solutions that it won't make the situation worse.

R

For any of the surrounding homes, so good, thank you. Thank you. 2-4 against 2-4 against yep.

P

Thank you, mr chair members of the board, again for the record attorney derek durbin, representing the.

P

Applicant um I'll just briefly touch upon a couple of larger themes: um the first access.

P

Safety getting to the property- I know, there's been a lot of testimony before the board about that.

P

Again, I think, there's a common misperception here is that this is a dead end street. You can't use.

P

That in a mcnabb court you know we can we have legal parking at the end of the street. All that.

P

That all exists, because my client has a fence there. My client can remove the fence, could use.

P

That as access could construct again a structure of similar dimension to what she's proposing now.

P

Or construct any other type of driveway access in there. Of course, there's going to be input from.

P

Public works same as there is here. In fact, I know it was stated that we must not have.

P

Had any input from public works clearly identified as the board before.

P

Has been through attack work session, there has been input from public works, public works.

P

Would like to see the snow um taken into the left. This is the.

P

Reason the entire reason: the garage we're asking for a rear yard setback is to create that turning.

P

Radius in that's safe and to be able to turn back out and drive back down mcnaught court. um So these.

P

Concerns have been addressed. I know john shagnan would like to speak more specifically about the.

P

Safety issues associated with the access emergency, vehicle access and and things of that nature.

P

Drainage I'll let john address as well, and I know um patrick neiston from sai builders would like to.

P

Speak, I do take some exception. It seems that a statement from my narrative has been taken.

P

Somewhat out of context, I don't need to go tit for tat on that, but I was speaking to the other.

P

Projects in the south end and saying that we take conscience, conscientious approach to development.

P

They do and they will be, addressing the concerns proactively, we're not even close to a development.

P

Stage here we're at a preliminary stage seeking zoning relief, where the technical concerns will.

P

Be addressed so um so for those reasons, um I'll turn it over to uh john, unless there any.

P

Other questions, for me, um open space, is just the last thing. I mean this idea that we're.

P

Creating something that's denser and limiting open space is just simply not true. I mean we're.

P

Meeting well exceeding open space requirements, they're talking about open space, as in that.

P

They've enjoyed in in the backyard, but again we could put a structure out there in a driveway.

P

That's by right, so I'll turn it over to john, if you'd like to speak or patrick neiston. If I could.

C

Good evening board members on behalf of sai, I want to thank you for the opportunity to present.

C

This case uh before you this evening, uh your name, please, sir, for the record, patrick neistan,.

C

From sai builders, thank you. um I know it's slate and I'm cognizant of your time so I'll.

C

I just want to respond to a few comments this evening. You heard several about us say that.

C

We didn't address any about our concerns when we first started with this project.

C

As derek pointed out, we were proposing a house to be situated on the northerly.

C

Portion of the lot pretty much where the lot number is lot 2. and.

C

When we did soil testing there, several of the abutters that came to speak tonight came out.

C

And met with us on site, they were inquiring as to what was going on and they voiced some.

C

Concerns about drainage and water and about a house being sited in that particular location.

C

We took those concerns, we collaborated with our engineer and we actually, even though we had a.

C

House fully designed by an architect to be placed there, we actually went back to the drawing board.

C

Excuse me and redesigned a house to be on the southerly side of the lot which, uh for those of.

C

You who saw the lot it's higher topography, so we heard those concerns and we acted uh accordingly.

C

um So um the other uh issue I'd like to just touch upon is the uh dimensional attributes of the lot.

C

um You know it's 11 000 square feet, which is uh you know, certainly one of the largest.

C

Lots in the area- and I realized we're asking for two variances but.

C

In the you know, context of the neighborhood in many respects, this lot is more compliant.

C

Than many of the nearby properties in terms of uh you know areas I pointed out.

C

Setbacks lot coverage and it will have parking. um You know we heard traffic concerns.

C

um I just want to point out that we're going to have on-site parking for this house.

C

But I do want to remind the board that this is a public street, so you know, I think, a potential.

C

A butter there, a potential house there has as much right to mcnap court as anyone else.

C

As far as the snow storage, we heard somebody say that you know. Basically, we didn't know what we.

C

Were talking about those were recommendations that came from the city? I believe it was dpw.

C

I intended attack meeting and if they want us to provide an easement for snow storage, then.

C

We will do that, but that was clearly a city recommendation.

C

And I think you know some of the comments uh related to uh public safety.

C

um If, if you wouldn't mind just one last comment, if somebody could just scroll to the actual.

C

Elevations of the house, the front of the house be right there. Thank you. So if you look at the.

C

uh Upper left quadrant, uh the architect that designed this house is the same architect that.

C

Did our elwin and rocklin projects we've had very nice feedback from both the local neighborhood.

C

And uh from some city officials as to the final product as to how they, how these houses integrated.

C

Into an existing neighborhood- and this will be no exception, if you look at the you know, main body.

C

Of the house, it's very emblematic of the houses that are on mcnab. You know it's got the farmer's.

C

Porch in the front, the massing and scaling of the main body is similar. uh We have plenty of land.

C

Area where we could have put it where we could have put a two-car garage, but we try to keep it.

C

uh Modest and and fairly consistent with the houses uh there are mcnab. So.

C

You know I'm sure that if this project is approved, it'll culminate in a house that's uh compatible.

C

With and complementary uh to the neighborhood and with that said, I'm happy to answer any questions.

C

You may have any questions on the board. No, apparently not. Thank you. Thank you for your time.

A

Thank you speaker, please. Thank you, mr chairman. I know it's late, uh just wanted to state that the.

C

The process of uh bringing this technically forward with the city.

C

Technical advisory committee, the the subdivision process that goes through.

C

That group, and then to the planning board, uh is one that is going to be.

C

Robust and we will be dealing with the concerns about drainage.

C

I think one of the speakers mentioned extra eyeballs on the project. That's what you get when.

C

You go through that group. There's the police, fire and public works departments that will be there.

C

With eyeballs on the project and we plan to bring a project that is not going to cause.

C

Any additional burden to the existing situation in the neighborhood there are some pumps that run and.

C

We can see that they dump onto the applicant's property um currently and as mentioned we've.

C

Designed this whole project to keep that area open to receive the water from the neighborhood, I think.

C

There's a lot of concern: the about the dead end street. It's still going to be a dead end street. I.

C

Think at the end of the day, change is difficult and there's been a lot of talk about the close.

C

Knit neighborhood and the dead end street and the sort of the community there. I think, adding one.

C

More um family to the neighborhood is not going to change the dynamic. It's still going to be a dead.

C

End there's just going to be one more family whose kids play in the street and so on and so forth and.

C

They're going to be just as careful about driving down the street as the people that live there now.

C

Thank you. Thank you. Anybody else questions questions here, mr shagging yeah.

D

John just a couple questions so you've had a preliminary view in front of tac, and I know.

D

That police and fire and dpw said on that. What has fire said uh so far about this proposal?.

C

So they have not raised any concerns about the proposal. They were fine with it. They didn't.

C

Say that there needed to be studies of vehicle movements or traffic uh getting apparatus down.

C

There I think, the as mentioned somebody mentioned the hydrant at the end of the street, and um they.

C

Didn't ask for additional firefighting measures. I think that hydra at the end is a good thing.

C

Provides for the safety of the homes that are there in this future home and in terms of one.

D

Of the butters spoke about the frontage actually being 24 feet and some of it actually being on.

D

Being on another property yeah, so that's a good point. I think if you turn to the.

C

um The amount of frontage is 30 feet. What happens is that the.

C

The right of way for mcnabb court, the public portion on the south side cuts very close to.

C

The porches so that, for example, I think that's 54. They have a landscape area and steps that are in.

C

The public right away, so the 30 feet, is the public right away. The 24 feet is the area of pavement.

C

That exists within that public right-of-way, so it's 30 feet of frontage and the driveway.

C

Extension is going to be that 24 feet, but it doesn't mean that there's less than 30 feet of.

C

Frontage does that answer the question? Yes, thank you. Okay question. Also. Yes, ms margerson, I'm not.

B

Sure you're the right person to ask this to, but um among the many concerns, was moving construction.

B

Vehicles back and forth really large trucks. How is that going to work? Do you not see that as a.

B

Particularly difficult in this situation,.

C

I don't know if particularly difficult is the right word, but that's an imposition temporarily.

C

On the neighborhood, yes, uh you know and that's what happens with construction. I'm not the expert.

C

I don't know if the builder wants to talk about it, but I'm sure there's ways that they can.

C

Work with the neighborhood to try to minimize the impact of construction, but, okay, you know whenever.

C

You have construction if one of these homes was to be remodeled. They'd have the same issue with.

C

People having to park their vehicles to work on the house in the street and so on, and that's true.

B

Yeah, okay, but you're digging a foundation. So that's a little more but you're right, yeah.

C

There would be vehicles yeah, they might have to drop the lowboy on uh the straight part of.

C

Mcnab court drive the backhoe over. You know so as not because they're not going to be able to.

C

Drop the vehicle right at the lot. They might.

C

Employ things like that, where they're sort of driving to the site and not trying to unload at.

C

The site now getting the construction, the concrete truck yeah, that's going to be one issue that.

C

I think it's going to make the turn.

C

The something that happens twice during construction and then.

C

Then it's mostly just and you have a lumber truck so um it'll have to be staged appropriately. You.

C

Might have smaller deliveries more smaller deliveries, instead of what you would like to.

C

Do which we deliver the whole first floor at one time, but they'll find a way I think. Okay, thank you.

A

Okay, let's call 2-4 against any most speakers at all lost call. Last call.

A

Yes, certainly, yes,.

L

Again nina unless I misunderstood, patrick nyan just said that he spoke with.

L

The two property owners on the north side, which would be the lacavas and myself, and neither one.

L

Of us was spoken to him by him. I don't know who he spoke to, but it was not one of the owners.

L

Unless I misunderstood him, it wasn't us all right. Thank you.

C

I can respond to that. I spoke with when we did the test pits. I spoke with, I didn't say on the.

C

North side, by the way, but I spoke with mr lepage- who's the director of butter.

C

I believe I spoke with lucinda. I don't remember her last name and I spoke to the gentleman that.

C

Just uh built the large house at the corner of uh lincoln and mcnabb number 88, these.

C

These folks came to the property uh inquiring as to what's going on and we had some conversations.

C

Not only with myself, but I believe uh john or somebody from ambit engineering was there as.

C

Well, as my construction manager and the property owner was there as well? Okay, thank you all right.

A

uh Any any, mr smith, anybody on zoom, uh no one has raised their hand. No one's raised their hand. Okay,.

A

Last call speaking of raising anybody. Anybody last call.

A

Yes, okay, that you'll you'll be the last speaker. Thank you.

B

Lloyd 54 mcnabb, no one has even mentioned tonight that lot 1 and lot 2.

B

Originate on south street, why couldn't access be through south street? Why does.

B

Mcnabb even have to be dealt with, there's bigger frontage on south street that could.

B

Be a shared easement of driveway to make it go down, and it just doesn't seem like you need to.

B

Even affect mcnabb come through a different access. A larger, bigger road is south street.

A

All right is anybody on that on the team want to design want to address that you don't have to.

C

uh I think that the grade change would would be difficult to do that.

C

The applicant would have to take out their garage, which just stands in the way and at the end of.

C

The day you would, it would require a much more paved area, which would be much more runoff. Okay,.

A

Thank you all right all right. This is the the really the last call all right. Okay, thank you.

A

Yeah you're not you're, not getting another break.

A

All right, okay, uh board- we've had an extensive discussion here. Does someone want to have a.

C

Question for you, mr chairman, please uh on issues of drainage and mitigation uh is that our remit.

C

Or is that the remit of the technical advisory anybody can present anything to us that they want.

A

It's a public session and we can, we can take it as for what it's worth we have. We have to.

A

Consider everything that we hear yes, is that one of our criteria depends on how you look at it.

A

Probably not specifically yeah, but we can. We can consider anything we hear, because this is a public.

A

Session yeah, okay, ms margerson, um I you know this is a a tough application. I think attorney.

D

Durbin did an absolutely outstanding job with uh the presentation, um I think, there's a lot of.

D

Areas where you could say that this property has special conditions, it's it's sort of landlocked.

D

um It's clearly built uh large enough to build on. um However, I I will not support this application.

D

I think that the that 30 street frontage, I think, probably, is maybe workable on another street.

D

Other than mcnabb I do have a lot of familiarity with this street. um I I think it's just much too.

D

Difficult to make the such a diminution, I mean I do note that the street frontage is on mcnab.

D

For the four little new englanders, there are also very very uh do not need zoning. I think that they.

D

Are challenging too, however, I think that placing a 30 foot street frontage.

D

In this particular area, at the end of this block is, is just too difficult. I think that.

D

There is a health safety, public health safety and welfare issue. I think there is an issue.

D

With the character of the neighborhood, which is that little those four little new englanders.

D

um So I I will not be supporting this application, um although I do recognize that.

D

This is a very unique situation for this lot in back of the primary lot on south street.

D

You know, I think that if there were access off of south street.

D

Perhaps some sort of surface that would not create as much drainage.

D

It might work, um but I think off of mcnabb. It's it's just too difficult.

A

Thank you uh any other preliminary comments from anyone yeah, mr lee, so I'm kind of sad with this.

E

Marching on this, I'm a little conflicted on a lot of these points and I've thought back.

E

Several times in my real estate career when I've been showing houses, people are looking at property.

E

And you go into a really unique situation and you look around and you say, good grief. What are.

E

They thinking when they built this, and I think mcnabb court qualifies as one of those what were.

E

They thinking when they did this, it's a really, as you said, a constricted little neighborhood.

E

And I I think that I would fall on the side of the uh not not meeting all the criteria for a variance.

E

And I I won't be supporting the application either all right. uh Other other initial comments from.

A

Anybody, okay, is: uh is anyone uh ready with a if there's, not more uh discussion on the.

A

On the in general, is there a motion mod? um I will move to deny um based upon the.

D

um The public interest and spirit of the ordinance prongs of the criteria. um You know if.

D

So I think that this, uh this variance relief uh violates the public interest and uh spirit of the.

D

Ordinance and that I think that it me it violates both um they're in the alternative, but I believe.

D

That it would alter the essential character of the neighborhood, which is essentially those four.

D

Little new englanders, um very small lot sizes very small houses generally around there and I think.

D

That there is a threat to public health, safety or welfare, so um I will uh that is my motion.

D

The motion to deny only has to identify that one of the criteria is not met. So that's correct.

A

uh Ms eldridge and I agree and have nothing to do nothing further. Okay, anybody anybody, mr.

A

Mantle I'll throw this out there, and I appreciate the presentation um and all the comments both for.

G

And against um it is a unique lot for little harbor, although I can show you a dozen of these.

G

Exact same lots on middle road bowling alley: lots they from what I understand to be called.

G

As much as the house and the development.

G

Is fine and I got no problem with that- I can't get over giving you know a variance.

G

From street frontage, that's 70 it that just doesn't fly, and I know the property is unique.

G

But turning a 100, 100 foot street frontage down to 70 is just too far for me, so I will.

G

Be supporting the motion to deny all right. Thank you. Any anybody else, any.

A

Comments on the on the motion before we go to the boat, anybody everybody's everybody ready to.

A

Take a vote. Okay, the motion is to deny and I'll start down the left here. I guess with mr rossi.

A

So a yes is denying right. Yes, yes, yes, all right! All right.

A

And miss eldridge: yes, yes, okay and miss rogerson, yes, okay and moving down the row, mr lee reluctant.

A

Yes, okay and mr mcdonald, yes and mr mantle, yes- and I also vote yes so the motion to deny.

A

Passes, that's unanimous and that's where we stand on this one.

B

No new relationship, you know, do new business.

A

You could leave if you could leave quickly folks, we'd appreciate it. Thank you.

A

We have another one to go.

A

Volume really helps there. Yes, it does. Okay. Would you like me to start or four.

A

Former chairman used to say our favorite uh petition of the evening, the last one last one.

B

Exactly hopefully, this one's not as complicated uh my name is brian fritz uh 169.. Wait, wait.

A

Just let me uh let me do the formalities here sure breed you into the vote to go past time.

B

And we're past our 10 o'clock rules, so we normally have to take a vote to acknowledge that we.

A

Will deal with we'll start a new one after 10 minutes went off well after 10, so, okay, so.

G

Moved. Thank you. Second. Second agreed. Yes, all right! Thank you. Thank you all done. Thank you.

A

Let me read into the record: the last uh petition of the evening is the request of peggy elmaro.

A

Owner for property located at 139, essex avenue wrong one mark. You skipped that.

G

Crepes, what am I doing? Oh my god, yeah. Okay, sorry thank you request to brian a fritz owner for.

A

Property located at 169 market terrace, where his relief is needed to add a second floor on.

A

The existing dwelling, which requires the following one: a ver variance from section 10.521 to allow a.

A

A 37-foot rare yard, where 40 feet is required and b 14 feet, 14 building coverage where 10 percent.

A

Is the maximum two, a variance from section 10.321 to allow a non-conforming, building or structure to.

A

Be expanded, reconstructed or enlarged without conforming to the requirements of the ordinance.

A

Said property is located on assessor map 283 as lot 9 and lies within the single residence. A.

A

District who speaks in favor, please, ah my name is brian fritz, I'm, the owner of the property.

Q

169, martha terrace and we're requesting a variance to add a second floor. We don't have enough.

B

Apparently, coverage in the backyard, the property line is actually angled, so as it comes towards.

Q

The back right corner of the house, it only ends up being 37 feet from the property line where 40 feet.

Q

Is needed- and I guess the other problem is that there's 14 percent coverage that already exists.

Q

On the property and we're not going to change that, we just wanted to put a second floor on.

Q

Short story: I was born and raised here myself. I love portsmouth. Five years ago I met my wonderful.

Q

Wife, we just had two children. We had the second one in september and obviously a very small. It's.

Q

One of these very small ranches in town and it's become very tight with two children, so the hope.

B

Was to put a second floor on so that we could just put the bedrooms all together upstairs and.

B

Have a little extra room for a little larger kitchen and stuff like that. On the first floor,.

B

Pretty much we're the last house in the neighborhood that has hasn't done any addition.

B

So, as you can see, all the other houses have either done additions or have gone up. um Our hope is to.

Q

Just basically do like a colonial style like right next door, so it would be the same style as some.

Q

Of the other houses in the neighborhood, so that obviously, would keep the same. Look and everything.

Q

Like that, um and that's really it- I don't want to take too much of your time. I know it's very late.

A

Thank you very much. Are there any questions from the board any questions at all.

A

No you're, not thank you, seeing that the uh room has emptied out. Do we have anyone on.

A

No hands have been raised. Okay, no hands are raised in the audience. Okay, all right.

A

Thank you, nothing, no questions before we replace the public hearing. I did have a.

G

Question but then I realized what it was. Okay, I was wondering if your king-sized bed flew.

Q

Oh, no, that's a ceiling fan. I realized in attempt.

A

Helicopter style, let's see if we can set a record okay public hearing, is closed. Does.

A

Someone have a motion with respect to this application and move to approve the variance.

C

Thank you, mr rossi. Here's! Your second look at someone. Second, mr lee, uh we've been second all.

C

The night of my motion is that uh the uh lot is already non-compliant and that the.

C

Suggested variance does not uh affect that in any way whatsoever. There's no public interest.

C

In restricting the second floor, therefore, it is not contrary to the public interest.

C

To grant the variance the spirit of the ordinance is observed, this is a single-family residence area.

C

And this enhances the value of the property for single residents for single-family use.

C

uh The grant uh substantial justice, because nobody in the area is sacrificing anything.

C

For the benefit of the homeowner, the variance is not going to diminish the.

C

Value of the surrounding properties, and it would be an unnecessary hardship to require that this.

C

Will not be brought into compliance in order to add a second floor. Thank you, mr mantle. Anything.

G

I agree I mean this is a little last they're going up. Second, second story: yeah. I support the motion.

A

Pretty simple and straightforward: yes, I I agree also great great pick for the last one though yeah.

A

You did all right, uh let's we'll start down at the right hand, side here, mr mantle. Yes, mr.

A

Mr mcdonald, yes it's the lee. Yes, miss mark miss martinson, yes, it's eldridge and mr rossi. Yes,.

D

Yes, yes, yes as well! Thank you all very much. Thank you. Thank you very much.

B

Thank you for staying late for me. I know you guys want to go.

B

Just say one thing about the: I sent the email out about moving to ipads yeah. Yes, yes, please do.

B

So well, I did send it out. Yes, I saw it. I saw you yeah so if, before now in the next meeting.

B

You could set up time with isaac who I copied on the email, he'll he'll. If you come in he'll.

C

Give you like a tutorial on on how to download the packet and everything oh great and use the.

C

Bookmarks and stuff, okay, give him a call, give him a call and then just go, come in and get your ipad.

H

And he'll set you up. Okay, great! Well, you guys still want to know you want a city, one yeah.

B

Second, and and lots of evidence how about a voice, vote hi all.

A

Right all right, thank you all for your patience.

G