City of Portsmouth, New Hampshire Board of Adjustment, 21 Dec 2021

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From YouTube: 12.21.2021 Board of Adjustment

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12.21.2021 Board of Adjustment

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Member of the board. Thank you. Thank you. uh Welcome well,.

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So we're missing uh one or two people tonight and uh our alternate will be sitting in on petitions.

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Before we get into business, the city manager guidelines requesting that.

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People in the audience keep their masks on unless you're presenting it's a request.

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That are attending on the zoom call. If you would like to participate in a public hearing, wait until.

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The public comments section and then you can raise use the raise hand icon to indicate that you would.

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Like to speak- and we will call on you so that you can participate in the hearing and if you've.

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Called in by phone, you can press star 9 and that will also alert us that you would like to speak.

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Okay thanks, so our normal process, when hearing from the members of the public is that we allow.

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15 minutes to applicants and then we allow open up to the public interested members of.

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The public we request that those comments be kept to five minutes or less. If you have more to say.

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uh We'll open it at the very end of the hearing to comments to for or against a petition.

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And you can speak more at length if, if you're so inclined,.

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um The first order of business we have tonight is our elections for chair and for vice chair. So.

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I'll open it up to the board for anybody who wants to make a nomination. I will say that mr parrot, who.

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Is absent this evening was unable to attend, has indicated that he would be willing to serve as.

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Chair if somebody nominated him and we voted in his favor, I would uh be behind.

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That uh I would vote in favor of that. If anybody was so inclined, yeah go ahead and zelda I'll.

C

Nominate arthur parrott to be our new chair. Okay, can I have a second yeah, mr lee? Thank you.

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I guess I should hear the the emotion right motion he is so experienced. He has been doing this.

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Forever- and um he has a good demeanor to share our meetings, and I just think that.

C

He would be the right person for the job now great, mr lee, your second, I have nothing to add. Okay,.

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And I will uh ask if there are any other nominations for that position. Good point yeah, so.

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If, if there are any other nominations, if anybody wants to suggest themselves or anybody else for.

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The position, no okay, um all right so we'll take a vote to um appoint mr parrott as chair.

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Mr lee, yes, mr rossi, yes, ms eldridge, yes, ms margerson, yes.

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Mr mcdonald, yes and the acting chair also votes yes, so mr parrot is.

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Will be our new chair so now we'll take.

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Discussions or a motion on a nomination for somebody to act as the acting chair.

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So as the acting chair or vice chair, I'm sorry voice, chair.

D

My vice chair is the acting chair today, yeah. Thank you.

D

I would move to make you you peter mcdonald, vice chair, okay, um thank you, uh a second for that.

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Everybody raise your hand.

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Thank you, uh your motion, ms margeson, I'm. I think that you've done a very good job.

D

As vice chair and uh you've had to chair some particularly difficult meetings, when mr rayum had.

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To be recused, and I think that you will do a fine job as vice chair again. Thank you. uh Your second.

C

Yes, I agree. Sorry, I agree with everything. uh Did anybody else have any suggestions.

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For anybody else who might want to serve as vice chair, no okay, all right so uh the.

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The motion is to appoint uh me, mr mcdonald, as as vice chair, mr lee. Yes, mr rossi, yes.

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Ms eldridge, yes, ms margeson, yes, mr mcdonald, yes and uh the acting chair also votes. Yes,.

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Okay, um so for this this meeting since mr parrott is gone, I will be the acting chair this time.

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And then he can take over in january, um so the first order of business after that is approval of.

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The minutes from the november 16th meeting.

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Does anybody have any comments or corrections to those minutes.

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Okay, I I saw uh page seven, um I don't know if I said declaring.

D

I thought I said clearing, and that is the third paragraph third line down.

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Okay, I'm not sure if declaring needs anything so.

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That makes more sense uh any other comments from anybody else.

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Okay, so I'll take a motion to approve the the minutes as corrected.

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Thank you and uh second, second, thank you uh I'll just take a voice vote, all those in favor.

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Hi and the uh acting chair also votes. Yes, those minutes are approved.

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That's our routine.

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Okay, so the next order of business um is starting in some old business, but um I would like to take.

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One of these requests out of order, if, if the board is so inclined and that's the 15 pickering avenue.

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Request to remove the barring the applicant from applying for future variance variances.

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Mr sullivan is in the audience, and this is an unusual request and he has agreed to.

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Come before the board and give a little bit of a backstory and an explanation on how he.

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Thinks we should handle this, so can I have a motion to take that petition out of order.

D

So moved thanks in a second second, okay, uh all those in favor aye, all right.

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Any opposed okay and the chair also votes. Yes, okay, so we'll take that uh out of order. So this is.

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The request of grn realty trust owner and glenn normando applicant for the property.

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Located at 15 pickering avenue requesting to remove the stipulation barring him from.

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Applying for future variances, the property shown on assessor map, 102 lot 24 and lies.

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Within the historic district and waterfront bistro business district uh and mr sullivan, thank you.

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You you can, uh if you'd like you, could come up and, like I said, sort of get the the background.

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On it and your suggestions, uh I know at least one member of the board had some questions about.

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This case um it arose in 1989 as a zoning appeal.

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From a denial of experiences by the board of adjustment at that time,.

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The zoning case in superior court was my case, so I'm familiar with uh what happened and how we got.

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Here so, in addition to talking about this type of request, generally, I have brought my file from 1989.

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And I can probably answer any questions. Anybody on the board might have connected with this case.

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In the event that I could not they've asked mr normando to be here.

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And he is here would be available to the board if you wish to speak to him and, lastly,.

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I had had two conversations today with members of the the marconi family who are.

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One property away, I believe from mr normando's property and we're very much involved.

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The matriarch of the family, uh evelyn marconi, was very much involved in the case in in 1989, so I.

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Had two conversations with her family today about this: there were a number of them here.

E

But they they've left so with that I'm available for many questions. Anybody else.

D

So if I may yeah sure um so the question that I had was that.

D

This this was a settlement which was approved by a judge of the superior court.

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And even though it seems at first glance, it's a little weird to preclude a property from.

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Applying for variances going forward, it was a settlement and sometimes as a settlement. You.

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Enter into things you may not want to to settle an issue, but the question I have is the first.

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Question I have for attorney sullivan was how can we as the zba, given that this is an order.

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Entered into by the superior court reverse that order sure the answer is that what the court.

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Did in this case was not issue an order after having a hearing, rather, the parties agreed to us.

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A negotiated settlement of the case and the parties here were the board of adjustment itself.

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And normandos, and so the parties brought their agreement to the judge for the judge to approve.

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Did not participate to order any elements of that settlement. He just approved the entire settlement.

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And that was done because it makes the agreement more enforceable if a.

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Judge approves a settlement agreement, then the settlement agreement can be enforced by means of.

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Contempt of court, as opposed to any other type of remedies that might be available to the parties.

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It's really the strongest way that you can enforce a settlement agreement, which is why it was done.

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In this case now that said, the court doesn't on its own, enforce those agreements. The court.

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Would not read a settlement agreement find a violation and step in and enforce it.

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The way the settlement agreements gets enforced is whatever party feels that the document is being.

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Breached brings that to the court and points out to the judge that there's a court approved.

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Settlement agreement they're not following it, so that's the enforcement mechanism mechanism.

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It relies upon one part of the other to bring it to the court. The.

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If the zoning board, this zoning board now determines that it does not wish to see the.

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1989 condition placed on it by your predecessor board, then no one would ever bring it to the.

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Court and say there was a violation because the city, you would have said we are not going to.

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Enforce that provision anymore, essentially, um since the settlement agreement, isn't it's.

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Just that it's an agreement between the, in that case the board of adjustment and the normandos.

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uh What mr normando is suggesting is that the board of adjustment and normando, mr normando.

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Would change their agreement which they could do now? If, uh if the board of adjustment determines.

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To grant the relief requested by mr normando, then the first thing would happen is that.

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Nobody connected with the city government would seek to enforce it, because you would.

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Have said, don't enforce it if you know this document's recorded, so it creates title issues.

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For mr normando, if he wanted some kind of a documentation to deal with title issues,.

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Then, acting in furtherance of this board's decision that that stipulation.

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Can be eliminated, we would work with him and produce some kind of documentation.

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Or whatever he felt was necessary that we were willing to agree to to resolve the title issue.

E

That's about, as far as I could see this going and that's that's how it would work.

D

And then you would record that in the rockingham county registry of deeds.

E

I'm sorry, I can't really sorry it could be my mask. So if the zba does remove this stipulation.

D

That itself would be recorded in the registry. If I was mr normando, that's what I would want yeah.

D

um So the other question I have, although that that does clear up quite a bit, was the fact that.

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The stipulation said that it shall run with the land and shall be binding upon.

D

The plaintiff's heirs- yes, um mr normando, is obviously the yes heir to his father.

D

Okay, is there anything that needs to be done with rockingham superior court.

E

Again from our point of view, no because we will not be enforcing the provision, if you.

E

Determine you don't want it enforced uh from mr normando's perspective, if he's.

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Going to sell the property, for example- and he thinks having this stipulation on record in.

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The court case somehow created an issue for selling the property. Then he would want to.

E

I would think create some document to be approved by the court. um I think what that amounts to is.

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Since the case has been closed for nearly 40 years, we'd have to bring a new action or a petition to.

D

Bring forward probably, but it's not, it wouldn't be the city's concern. So much is his concern.

D

And as so, this isn't a waterfront district and there are certain premises that are certain.

D

Buildings that cannot be that he cannot ask for variance for residential use. That's correct! That's.

D

Correct: okay: um okay, that's all the questions. I have okay, other questions for mr sullivan.

A

So so because, mr sullivan, this is says, this is recorded in the rockingham county superior court.

F

If somebody was to buy that property and financing revolved, I think the title attorney might look at.

F

That, as a cloud on the title, yeah well, as I said, the enforcement mechanism is, if someone should buy.

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The property mr normando, and apply for a variance to allow some kind of residential use on the.

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Waterfront and unless this board has eliminated that stipulation, then we would not let that case.

E

Go forward, we would it wouldn't even reach you we would. We would say no by means of disagreement.

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That was made with a prior board of adjustment in 1989, can't go forward. I think that action.

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Is probably appealable and we'd have to argue about that, but the first preventive mechanism.

E

Would be the city planning staff? I agree with that. However, if, for example, someone.

F

Has a lien on a piece of property and they pay the lien off and for whatever reason, the lender.

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Doesn't release the lien that they record at the register of deeds? That lien remains of record.

F

And it would be a cloud on the title and I don't think most title insurance companies would write.

F

Title insurance on it disqualified it from financing. If that were the case,.

E

Yes, you would know the the real test if it was uh if this became an obstacle for mr normando in.

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Selling the property, the real test is, what would it take to satisfy the buyer and the buyer may.

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Want something in superior court? Buyer might be satisfied with something from the planning.

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Department or my office, or something recorded in the registry would deal with that at the time.

D

I don't think it's necessarily a cloud on the title, but I do think it's a condition of the.

D

Of the land, um you know, I think it's up to mr nomundos or whoever's title attorney that may.

D

Handle this as to how it's to be recorded, probably would need to be recorded. I would think in the.

D

Deed, um so you know anyway, that's true enough. uh Everything I said is true enough, but we have to.

E

Start somewhere and from my point of view, since it was the board of adjustment that originally.

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Approved this stipulation, uh it needs to be the board of adjustment that approves changing.

E

And that's why uh we are here: okay, thank you! Okay, any other yeah, mr mcdonald, tony solomon did the.

G

Did the 1989 board of adjustments give reasons for their decision the they were? They were.

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Given in an executive session, which is what they used to call a non-public session,.

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uh On june 14th uh of 1989., but it was discussed in non-public session executive session, so they.

G

Are still non-public, non-public record yeah, they yeah, I don't imagine we could find them now.

E

The uh but again my view is the board of adjustment, entirely controls a case like this.

E

And all I sought to determine in 1989- and all I am seeking to determine tonight is.

E

What the board of adjustment wishes to do so that the city administration can follow your.

F

Yeah instructions we having a public comment on this, aren't: where are we.

B

We can it wasn't advertised as a public hearing, but.

B

If the board wants to entertain any comments from the public is the is uh mr norman.

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He is president, I I don't know if we haven't known those president was planning to.

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Speak on it or not, I don't know yeah the reason I said that is, I've noticed one of the abutters.

F

Is here too, and I'll just do a thing with the opportunity to speak? I think they should have that.

F

Yeah, that's up to the board yeah we're able to do that. I have no issue with doing that. As.

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uh As long as you're able to yeah okay, um okay did anybody else have any other questions for us? Yes,.

H

I do have a question yeah you mentioned that you had spoken to the other parties of the settlement.

H

Or their heirs and is there an issue I mean yeah, here's exactly what happened so this afternoon.

E

In preparation for coming here tonight, I took out the file from 1989 and I just went through.

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Document by document to refresh my recollection as to what had occurred- and I realized in doing so.

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That a a major party in those negotiations in 1989 had been mrs marconi, mrs evelyn, marconi and so.

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My feeling was this: this meant she should be given some opportunity to or her family should be given.

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Some opportunity to comment on this matter, so I called gino marconi and told him about the case.

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He then went online and reviewed the materials that were placed online. There was quite a showing.

E

Of the marconi family earlier at the beginning of this meeting, I think they seem to have left.

C

Okay, uh yeah one one minute after uh after mr sullivan.

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Is all set any other questions for mr sullivan were? Were they agreeable to.

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The last person to talk to him was actually mr normander, okay, okay,.

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Okay, thank you, uh mr sullivan appreciate it.

A

So yeah, I think, we'll open it up to the public and ask to hear from mr normando in particular.

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You could just state your name um hi. My name is glenn normando. I live at 15, pickering, ave.

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In portsmouth, the property in question has been in my family since 1975 and.

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I actually purchased it from my father in 2003.

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So uh to the butter question uh I talked to gino and his sister francesca.

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And they decided they really didn't, have a an issue and said they're going home. So.

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I believe they've left her. I do appreciate you taking this up.

I

When this was all going on, uh that is to say the suit, I knew that there was an agreement.

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Reached and that um that agreement, uh my father's attorneys agreed that we wouldn't.

I

Have residential use of the buildings on the water? um I didn't really. I actually never had read.

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The notarized agreement until um a few months ago, um I lost my wife to cancer.

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18 months ago, and on advice of my attorney he said I should have the property appraised understand.

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You know the values associated and all of that and in the process.

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Realizing reading it that there was actually this thing, that said, not only was it, you know.

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Couldn't be residential but it actually prevented us and anyone else from actually.

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Requesting any variants which to me seemed you know like why me, I don't know those exact.

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Negotiations that resulted in that, but the fact is, I'm I think the only one in the city of portsmouth.

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That's presented prevented from filing for a variance I'm going to probably doesn't mean I.

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Would expect it to be granted, um nor what I'm am I requesting anything that I think.

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Is uh gives me any rights beyond what everyone else in the zone has, um but.

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I had to re: do some refinancing so I've actually had it appraised twice within the.

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Past year and a half and in both instances they brought this issue up. The appraisers did that.

I

Should the time come in the future, when, um when there's a you know, you may.

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Need to sell it, I would never sell it unless I had to. I can tell you that I've.

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Pretty much grown up there and I lobster out of that property, and we have a small yacht club.

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Facility there that keeps within the realm of the zoning- and I don't have any interest in.

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And ever leaving but circumstances can change, as as I found out the hard way some months ago, so.

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um They both told me that this could be a problem, um and that I would be it would be beneficial if I.

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Could maybe reach an agreement with the city um uh on this and which prompted the letter that is in.

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The stuff I sent to bob's office and- and why we're here and uh you know I've I've paid a lot of taxes.

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For a lot of years down, there don't want to leave it um and uh and have no plans to. um I think the.

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Marconis were concerned that I had something going on unbeknownst to the world, but there's no secrets.

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In this city, so um um so, if any event, uh that's uh that's my story. So I'd appreciate if we could.

I

Work something out on this. Okay, thank you. Thank you. Mister! Thank you. um Are there before you.

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Take off are there any questions uh for him, yeah? Mister, yes donald, mr normander hi.

G

I'd like to I'd like to understand what was the reason that the city had for preventing.

G

You from even applying for variance for this long period of time. Well, um I believe.

I

If I understand correctly- and this is, you know somewhat coming from bob, but my recollection at.

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The time, although I was working in new york, a lot when this was going on um was that.

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Mrs marconi uh was concerned that they would we were going to build all sorts.

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Of tall condo buildings or something we'd turn the place into a condo development. Basically,.

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And so I guess this was seen as a is a maybe doubling up on the zoning to.

I

Protect against that somehow, so the intent was to more or less permanently prevent.

G

Further development of the property: well, I I think it was related to this idea. You know.

I

It's it it if you think back at that time and you looked at what was going on say in portland.

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Which I was pretty familiar with, and all the commercial waterfront.

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um Those big piers in portland were being turned into, you know, condo towers and all.

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Of that sort of stuff- and that was happening in a lot of places- and I think that was she had.

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This big fear that somehow this piece of waterfront along that shoreline.

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I mean, if you look at it.

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With the exception of jim sanders lobster pound every property has houses and residences on it.

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Now none of them, none of the others, are commercial. It is you know, and so.

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I mean, I shouldn't say: they're, not commercial, but I mean they're. All combined use, they're, not.

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um Or many of them are combined use with some sort of commercial activity, but you know it's kind of.

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A mixed use district in real life, and uh um but I think she had this fear that someone was gonna.

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Come in and and we would be the first um and that it would take off down the shoreline, so I you know.

I

I should preface a little bit my dad bought that property in 75. He had a marine laboratory. There.

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For his consulting business normando associates, it was skatacore marine lab and at that time.

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The property was zoned residential and he had a variance to run that lab. There.

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In 1987 he sold his company, but he had owned that property personally and the.

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The when thermoelectron bought him out, they maintained that lab for another couple of years.

I

And it wasn't until they moved out um and brought everybody up to the main office in bedford,.

I

Where we were looking at what to do there, um that we even found out the zoning had changed.

I

I frankly had already been living there for four years. We thought it was still residential.

I

And you know my folks lived in goffstown, I'm sure they got some notice somewhere from the.

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City of potential zoning change, but uh you know it was that's when we found out. Oh okay. So now what.

I

Are we going to do and that what precipitated all of this sort of stuff about development.

G

So none of um none of those causes for the concern that was raised have materialized.

G

And so the reason.

G

Given for imposing that restriction is is uh not really necessary, I I don't believe so, and.

G

I don't believe from the city's viewpoint that it that it adds any more than what.

I

You know I mean the current zoning restrictions, you know, and I mean not just not residential use.

I

But there's all sorts of height setbacks all kinds of other issues down there. That would um uh take.

I

A lot more than intestinal fortitude than I have to try to um worm their way through to.

I

To make anything like that happen, so all right! Thank you very much. Thank you. Any other questions.

A

You know, okay, thank you. Thank you, mr nominee. Okay, I will just open it up to, I guess I'll I'll.

A

Open it up to the public uh anybody to speak in favor of uh the request to remove the stipulation.

A

Zoom anybody to speak in opposition of the request.

C

I'm not here to speak an observation I'm just getting up, for, um I guess more. My statement is that.

C

I was repurposed today by a couple neighbors and I support glenn, but um I guess I would just in.

C

Future reference- I think the neighbors should have been known about noticed this, and this was.

C

Not noticed to anyone, this was on the docket tonight, so I'm not sure how that all plays out.

C

But I would encourage that in the future that we give notice to items that are on our docket.

C

To the residents that are surrounded, that's all I ask okay, thank you.

A

Any thoughts on that mr steve.

B

um Just in discussions with the attorney the legal department it was, this was an item that wasn't.

B

Wasn't a public hearing necessarily it's more of an administrative.

B

Request of the board, so the fact that our guidance was that it didn't need to be noticed and the.

A

Fact that we opened it up for comment from the public doesn't change that? No, I don't think so.

A

Okay, uh any uh anybody that to speak in opposition, anybody speak to for or against the request.

A

Okay, so I'm going to close the public hearing.

A

um So the the request, as we've heard, is for the removal of this stipulation that was put on the.

A

Property in the late 80s and I'll open it up to to the board for thoughts or emotion. On that.

A

Yeah miss margin. I will move to um approve the um the removal of the stipulation. If I get a.

D

Second, I'll explain: okay, uh second, second, okay, mr mcdonald, thank you.

D

So my formal motion would be to remove the restriction preventing mr nomundo to seek.

D

A variance on with respect to building c d, e and f as set forth on exhibit one of the.

D

um Of this this document, um I don't know what those exact if planning staff could actually.

D

Figure out what their tax map or what their real identification is. um I think that that.

D

Would be great, um I I think that, ultimately, um if the parties that made this agreement have no.

D

Problems with the agreement being lifted, then I I I and I see no reason um from a zoning perspective.

D

To keep these stipulations in place, I think that it is completely acceptable for us to remove this.

D

uh This restriction on the property- and you know it doesn't mean that you will get variances. Mr.

D

Norendo, but I I just do feel that the uh the um parties have agreed that the settlement agreement.

D

uh Stipulations can uh can basically go away. Okay. Thank you, uh ms marges, in your second, mr mcdonald,.

G

um My second is, is based on the conditions of the property.

G

Anybody who goes down there and takes a look at the property will realize they're not going to be.

G

Any multi-story, casino, hotels or anything like that built in the pierce island channel.

G

um So I think the uh restriction on the.

G

Request to change the use of the property is probably unreasonable and that's why I.

G

Agreed to second, this motion. Okay, thank you. Any comments from any other board members.

A

Okay, uh I'll support the motion, so I think the you know, as as the motion maker and the.

A

Secondary suggests, you know, the circumstances are different, the zoning is different um and.

A

The evidently, what was the sort of development that was worried about.

A

A few decades ago is not the the sort of well that would be precluded by the the current zoning.

A

um And, uh as uh ms margerson said, any you know, variants that would be requested would.

A

Still have to come before the board, um so I think this is a a pretty, uh I would say, low.

A

Risk proposition to remove the stipulation, so um all right so I'll, take a vote.

A

uh The motion is to remove the stipulation, uh mr lee. Yes, mr rossi, yes, ms eldridge, yes.

A

Ms margin, yes, mr mcdonald, yes and the acting chair also votes. Yes, the request is approved.

A

Okay, so that takes us to our first order of old business, which is a request for rehearing.

A

uh This is the request of duncan mccallum attorney for the appellants requesting a rehearing.

A

uh Pursuant to rsa 677, uh two, the properties are shown on assessor map, 119 lot 2 and live within.

A

Character, district 5 and character district 4., so this is a request for a re-hearing.

A

Of the board's decision on this matter, this is not a public hearing.

A

What we do here is decide whether we think a majority of this board thinks that.

A

We made some error either of procedure or of law when we decided what we decided.

A

And if we, if we think that we would uh uh decide to re-hear the request so I'll open it up to the.

A

Board for uh their thoughts on that uh before we get into that, mr chair I'd like to speak to.

F

Item three on the uh objection that was filed to the request for the re-hearing by.

F

Attorney ramsdale yep yeah go ahead; they were they required. They requested that I'll.

F

Be disqualified from participating in this consideration for a rehearing. I think that's.

F

Pretty ridiculous at face value, they seem to base that on the fact that I am the secretary of a.

F

Organization of citizens that supported some candidates in the past election.

F

One of those members of that association wrote a letter to the portsmouth herald in support of that.

F

Candidacy- and that seems to be the only basis for asking me to disqualify myself, the supreme.

F

Court and discovered in the rsa 673 spoke to the the qualifications for disqualifying somebody.

F

And I would quote that it says the supreme court has decided that a member of a land use board who.

F

Is acting in a quasi-judicial, as opposed to a legislative capacity, must be disqualified,.

F

If he or she is not indifferent to the outcome of the application.

F

Thus, when the board members are acting in their quasi-judicial capacity, potential disqualification.

F

Rests upon an analysis of two distinct, basically common sense areas, a is the member directly.

F

Interested in the outcome of the board's decision in a personal or financial way and b would the.

F

Member be stricken for cause from serving as a juror in this matter. If it were before court.

F

Additionally, there is no statutory definition of what constitutes a conflict of interest as.

F

A general rule, however, a conflict of interest will be found to exist when a board member has a direct.

F

Personal and pecuniary interest in the matter before the court, that is immediate.

F

Definite and capable of demonstration, as opposed to being speculative, uncertain.

F

Contingent or remote if the member has some connection to the matter before the board.

F

But the interest is such that individuals of ordinary capacity.

F

And intelligence would not be influenced by it. Then there is no impermissible conflict.

F

I would suggest, for those reasons that I should not be disqualified from hearing this.

A

Okay, uh thank you, mr lee, so so uh the disqualification rules that we have.

A

It's it's not up to the board. It's up to the individual member.

A

And the if, if any other member of the board thinks that that a member should be disqualified,.

A

They can ask that the board take a vote and discuss it or discuss it and take a vote, but.

A

The vote's not binding, it's it's the members decision, so I don't know if anybody has any.

A

Any wants to discuss wants to bring it. I read that part and I would be. I would welcome if the board.

F

Wants to take a vote and although I'm not required to abide by that vote, I I would I respect the.

F

Members of this board enough that I would I would honor that request. So, if you want to take a vote.

F

Please do so okay, so again we don't. We don't have to I'll open it to the board. If anybody.

A

Wants to suggest that that's fine and we can, we can discuss it. But if everybody's comfortable with.

A

Mr lee's position on this, then we can just move on okay, okay, okay, um I'm also, if I could just say.

D

I will note for the record that when, um unless the request for disqualification is raised at.

D

The outset is deemed waived. um This is the first time that we're hearing it. um I don't think that.

D

Mr lee should recuse himself and I'm just noting that this is the first time we're hearing that he.

D

Should recuse himself and that should have been done right at the beginning of the application.

A

Okay, well, I um I I guess I don't know if that means the beginning of.

A

Of this hearing I thought it was supposed to be at the beginning of a public hearing, so I wasn't sure.

A

How that would apply here, but it seems like a move uh issue at this point. Well, I I would submit I.

F

Think filing this request is noticed before the hearing, so I think we have been noticed. Okay,.

A

Okay, so all right, thank you, mr lee, for your thoughts on that so I'll open it.

A

Up to uh any other members of the board, um who want to discuss the the merits of the.

A

The request for rehearing um yeah, mr mcdonald, I would move that the board um take a vote.

G

um To express its full faith and confidence in mr lee and his ability to decide.

G

Questions like this uh properly.

A

uh You want the board to take a vote on whether we should recommend that he be recused. No, I want.

G

The board to take a vote that says we like jim lee and his work, and we want to see more of it.

G

You know I I appreciate that, but that's really not necessary. You know you just need to vote if.

F

I stay or go yeah. um I I appreciate the sentiment. I like you, mr lee, and I I think I speak for them.

F

I, like you too, so, move on um all right, so any other um thoughts on on this uh request.

A

Specifically, whether we think the board made an error in procedure or law uh when we considered.

A

This, the first time yeah go ahead and miss marcisson. um I would um move to deny the request.

D

For rehearing, I do not believe um looking at the materials that any errors were made in procedure.

D

Or law in assessing this application? Okay, uh thank you, um and can I have a second for that.

A

Yeah, uh uh ms eldridge, thank you. uh Your motion miss margin. Looking at the um both.

D

The motion for rehearing and the objection um I there are problems with both of them.

D

um I don't think I really need to get into all of that, but I do not believe that the fact that there.

D

Was a tie on this board is a basis for a motion for a hearing. Our rules are very clear that a.

D

Tie results in the denial. There is nothing that was raised in the appellant's motion-free hearing.

D

That was not properly discussed and analyzed by this board the first time. First, two times it was.

D

Heard um and on those that basis, I I do not think that um rehearing is merited in this application.

A

Okay, thank you, uh your second ms eldridge yeah. I agree other than the fact that there was a thai.

C

Vote, it's the same issues that we had heard the first time. So there is nothing here that would.

C

To indicate that no no new issues have been raised and I feel that we followed.

C

The information we had correctly, okay, uh any other uh thoughts from yeah. Mr, I have a thought I think.

F

It's I agree with everything that's been said. I do think it's kind of unfortunate that we only had.

F

Six members at present when we took that vote and we weren't able to reach a.

F

Definite decision, you know, as I recall, we took two votes and one was three to three.

F

In favor of- and one was three to three against so I'm not sure we really actually accomplished.

F

Anything but taking that vote, but that's the way it is so you know that's the way it is yep.

A

uh Any other thoughts from any other board members yeah. I have a question.

H

And maybe the uh my fellow board members would indulge me by educating me a little.

H

Bit because I thought this was a pretty complicated thing to go through so and.

H

In the request for rehearing in item five uh there's a lot of discussion about which part.

H

Of the zoning ordinance prevails uh within the 100 foot setback of the wetlands. You know area around.

H

North mill pond and the thing that really confused me, and maybe you guys can educate me on it, is when.

H

I went and looked at the zoning map and where the actual district is for the you know where.

H

The border is for the overlay district; it doesn't really go to the edge of the pond. It stops it.

H

Looks like about 100 feet from the pond, so why would why would the the overlay district zoning.

H

Prevail in this particular spot yeah so that we we discussed that at length.

C

So what you're telling me is just go back and watch the video.

A

But we like you tom, okay, nobody's recommending you do that.

A

The full um analysis that this board came to maybe the reader's digest version- I mean well. Why.

H

Does that not constitute an error that justifies a rehearing yeah, so so we, my recollection, is that we.

A

Went back and forth a bit about whether whether that would mean that um the overlay district.

A

Would apply to the entirety of a lot, um including the the 100-foot buffer area, and I think that's.

A

What we uh that's, what the the prevailing uh vote suggested in that case it was it's it's.

A

A a complicated thing and we spent uh I can't I can't I adequately summarize it in you- know.

A

30 seconds, we spent a lot of time going over that that exact point, but the bottom line is, as stated.

H

In the motion it was given due consideration and we definitely conclusion that was reached.

B

Well, I mean that officially was the conclusion that was reached right.

J

Yeah any other uh thoughts from any other board members. Okay, so the motion.

A

um Again is to deny the request for re-hearing um mr elite to be consistent. I have to vote no limit.

A

um Okay, uh mr rossi, he's to deny I'd, say: no: okay, uh okay, um ms eldridge; yes,.

D

Yes, mr mcdonald, no.

A

And uh the acting chair votes yes and to deny so that is.

A

That is a three to three vote: to deny the request.

D

Peter goes to his handy-dandy book again.

C

F

Well, actually, not because.

F

B

The motion failed.

A

So if that motion fails and the.

A

Next motion fails: yeah, go ahead, mister! Well, we did. What we did last time is when.

G

The first motion failed three to three and a tie. The second motion.

G

Was the opposite of the first motion right and it also failed three to three in a tie.

A

Yes, but so I think what happened the last time was, that meant, the requested relief was not granted.

A

Right so I think what would happen here if we had. I think we should have another.

A

Another uh entertain another motion um to grant the request and then.

A

We can we can discuss what happens at that point, but I think probably that's what makes sense is.

A

I'll look for a motion from somebody to um grant the request for this hearing I'll point this out.

B

That, in a request for re-hearing, um if it's a tie vote, if it's a motion to grant the.

B

Rehearing results in a tie it and it's three to three. Then the hearing would be granted.

A

It is so that is different than a uh that is different than right. Okay, so.

A

Let me just back up uh and editorialize for a minute. um So again, what we're voting on is whether.

A

We think we made an error of law or procedure when we voted the first time that we're not.

A

Voting on whether we agree with the outcome of the vote we're voting on whether we think we.

A

Made an error in coming to that decision, so I just want to make sure that that um we're all you know.

A

Operating from that that basic assumption, it's not do we agree with um with the result.

A

Of the the the last meeting's decision, it's do. We agree that the way we got to that result.

A

Was in line with the procedure that we're required to follow and was in line with the.

A

Law that we're required to follow so again um uh editorializing, but I will look for a vote.

A

Excuse me a motion to grant the request for rehearing, so, okay, thank you, mr mcdonald,.

A

And um sorry, I'm gonna and a second please.

A

For the purposes of discussion, I'll, second, okay, thank you, mr lee, uh mr mcdonald, your motion.

G

My motion is to.

G

Agree to re-hear.

G

G

In the case we've known as 53 green street, I think that's.

G

G

And we will in so doing provide an opportunity to introduce relevant information that may or.

G

May not have been heard or may or may not have been available in the first hearing.

A

uh Okay uh in your second, mr lee,.

F

I have nothing to add for the second.

A

Okay, um I'll just say so, I I you know when we when we decided to uh treat this like the original.

A

Request like an appeal from an administrative decision um for purposes of deciding whether.

A

A 3-3 vote was passing or not. I think that was reasonable. This, the the request, didn't fall within.

A

Any specific bucket in our rules, but I think what we did was reasonable and I think we um did a a.

A

A very good job of really trying to get at all of the issues that were presented to us.

A

Whether there's new information- I don't know or information that we haven't heard or that.

A

Wasn't available, I also don't know, but I do think that we heard what was before us.

A

And I am quite convinced we didn't make any procedural or uh error or an error in law.

A

So I won't support that uh that motion, but any other comments from any other coordinators.

F

I have one comment I think, having hopefully one more member or we could reach a definitive.

F

Decision, instead of all this tie, stuff would be very helpful to put this to rest once and for.

F

All okay, uh any other comments. Yeah ms margerson finally got mr lee says I you know, I don't think.

D

There is any need for a definitive decision, um the uh the vote. The board has decided both tonight and.

D

The other night that they are split and when they are split then there is um then that is.

D

Just the result that you get, I think in terms of mr mcdonald's motion, um I don't know what.

D

New information is presented that was up to the appellant in their motion for rehearing to to.

D

Insert or tell us of new information, I'm not even sure if that would be even appropriate in a motion.

D

For rehearing, but without the appellant, putting forward any new information um that would merit a.

D

Motion for re-hearing, I think, to grant one on the sense that there might be one is speculative.

A

Okay, thank you any other comments from any other board members. Okay, so I will um take.

A

A vote on this again, this is a vote to uh grant the request for re-hearing. Mr lee, yes, mr rossi, yes.

A

Ms eldridge no.

A

um Is margin? No, mr mcdonald? Yes and the chair votes.

A

No, um so the 3-3 vote means that the request is granted. That's correct. Okay,.

A

A

Next up is another item of old business, and this is.

A

The request of the richard e tully revocable trust and the madeleine f, tolle revocable trust.

A

Owners for the property located at 194 madison street, where relief is needed from the zoning.

A

Ordinance to convert a single-family dwelling into a two-family dwelling, which requires the following.

A

A variance from section 10.521 to allow a lot area per dwelling unit of 1219 square feet with 31.

A

Excuse me, 3 500 square feet is required. The property is shown on assessor map 146.

A

Lot 17 and is, in the general residence c district who's here to speak on behalf of the petition.

K

Good evening, everybody um I'm very new to all this and not sure exactly what the expectation.

K

Is of me, but I'm available to answer any questions or walk you through my application.

K

Sure, if you can just give us your your name for the record first, my name is jacob boucher and I.

K

Reside at this residence, 194 madison street, great um so yeah. What we typically do is is.

A

You know you can present, however, you want, but we would.

A

You know that we have to follow specific criteria in deciding whether or not to grant a variance.

A

So you can speak to those criteria. Maybe give us a background of what you're proposing to do here.

K

Should I appeal more to the facts or more to the heart? I guess all right we'll stick to the facts.

K

So I would like to convert this to a well. Currently, it's a legal one, family residence.

K

I would like to convert it to a two family um again, I'm trying to figure this out as I go, but.

K

I did read through the portsmouth zoning ordinance in detail and from what I could tell there was two.

K

Possible solutions to legally convert it. The first option was through the special exception under.

K

Section 10 812 that allows for dwellings existing before january 1st 1980 to convert the one.

K

I applied to all of it and in compliance with all of it, except for the building coverage.

K

Requirements um that section requires the maximum billing coverage of 35 and per my calculations. My.

K

Building coverage is 38.7, um so a little bit different there. um That is one option to grant.

K

It under that special exception, with a variance on the building, lock coverage. The other option was to.

K

Was to issue a variance under section 10521, which says that in my zone, grc.

K

The minimum area per dwelling unit is 3 500 square feet where mine would be 1219.

K

So I'm requesting a variant of that and is there anything else I should uh speak to.

A

Yeah, if you I mean, if you want to go through the criteria, you can you've laid it out a bit in your.

A

Presentation, so you can, you can rely on that you can. You can sort of give us a summary on how it.

A

Complies with the the um criteria that we have to follow yep, so I guess if we wanted to scroll down.

K

Here yeah, so um I responded in red to all of the regulations that were that I found to be.

K

Applicable in this section, um so the first is that it's not going to be contrary to any public.

K

Interest from what I can tell it will only help public interest and is in line with the rest of.

K

The residences in the neighborhood so far as I can tell every residence in this neighborhood is.

K

A multi-family either apartments or condos. um If it's, if not every, then the vast majority of them.

K

um By converting it, I I believe that will raise the value of the home, so that should help.

K

The uh the community and everyone around you know the spirit of the ordinance will be observed. So.

K

I mean first of all, I'm here in trying to follow the legal process to bring this into compliance.

K

um I bought the house with with it already set up with a second.

K

Family residence in it, um you know nobody told me to come- do all this, but I want to.

K

Follow the process and bring the house into full compliance, so here I am.

K

So yeah 223.24, the values of surrounding hot properties, will not be diminished.

K

um From what I can tell it would only help them. um You know the next section about unnecessary.

K

Hardships and whatnot, I'm just saying that I I find this to be a reasonable request.

K

For various reasons, for the first part that again, I'm not attempting to change anything but just to.

K

Slowly, slowly bring this into compliance that I nearly meet the special exemption rule um and.

K

Compared to other dwellings in this neighborhood, it seems to be very normal and I don't know about.

K

Other variances approved for this neighborhood, but I would guess that there are some.

K

My my residence seems to have one of the bigger yards in the area.

K

um Whereas obvious, I would imagine that there has been other variances for building lot coverage.

K

Considering there more people reside in the other houses and they have smaller house lots.

A

Okay, thank you. Questions for the applicant.

A

No okay! Thank you very much. Actually, I just have oh this one question, just just for the record. I.

D

Mean it's pretty self-evident, but the variance for the lot area for dwelling is. um It goes down.

D

By half you're not enlarging the structure, it's just because now there are two families contained.

D

In one structure, so just I just want to establish that for the record correct, correct, okay, yep, there.

K

Would be no exterior or interior modifications, and I did mention that in here, but there would.

K

Be no alterations or anything like that, unless deemed necessary to to come into compliance and.

K

To do this, um and one other note, if necessary, I could potentially remove the garage and then.

K

I would meet the building coverage requirement of 35, but I didn't find that to be reasonable.

A

Any other questions or comments. Okay, thank you very much. Thank you.

A

Okay, is there anybody here to speak uh in favor of the petition.

A

Is there anybody here to speak in opposition.

A

uh Is there anybody here to speak too far against the request? Okay, so I will close the.

A

Public hearing and open it up to the board for discussion or emotion on this request.

H

I would simply like to move that the variance request be granted okay. uh Thank you.

A

uh And a second, please: well, a second! Thank you, uh ms margerson, mr rossi. Your motion, please, I think.

H

That the variance is acceptable in keeping with the characteristics of the neighborhood.

A

That's it okay, um so usually what we would do is uh run through the criteria. Okay, not.

B

To belabor the point, well I mean, would I need to simply re-read here's yeah here's a cheat sheet.

H

Yeah yeah, okay go ahead and you know add your your gloss on it. My gloss, I'm not sure I have.

H

Too much gloss to add, I thought that the applicant did a good job of addressing these.

H

Actually, so, if I could just find his notes, I will refer to them. Just give me a moment.

H

uh It's not contrary to the public interest. uh I do agree with that. I'd see no no public interest.

H

Reason for not granting the variance that's an area that already has multi-family housing.

H

It's fairly dense uh living area, so I do not think this is contrary to the public interest.

H

I think the spirit of the ordinance is correct. It is observed.

H

Substantial justice will be done. Yes, I mean, I do believe that it is. I don't see anybody.

H

Being harmed, so I guess that's the substantial justice aspect of it. I don't see any way that.

H

It would affect the surrounding properties. They all seem to be very, very similar in character.

H

And I do think that, when someone is in a property that is already being used for two-family.

H

You know situation to impose this uh ver. To impose this ordinance without variance would be.

H

Unwarranted hardship, okay, thank you. Miss margis in your second I'll, just uh expand on that. A little.

D

Bit, the variance is not contrary to the public interest and spirit of the ordinance is observed.

D

um The the variance request here is for the lot area.

D

um It is uh the existing lot area is 2439. What is required under the ordinance is 3500.

D

However, um the diminution in the um a lot area for dwelling is not really an actual.

D

um Expansion onto the property itself, so I think that the public interest.

D

And the spirit of the ordinance is observed, I do think that the benefit to the applicant is far.

D

um Outweighed by um any there's no harm to the public in this there's no increase in the size.

D

Of the structure, I do not think that surrounding properties would be harmed by the granting of this.

D

Variance- and I think that um this is the little enforcement of this ordinance would uh result in.

D

Unnecessary hardship, because this is the general residency district, um it is a district for higher.

D

Density- and this is only going from one to two um dwelling units, so I think that it is. uh It is.

D

Appropriate okay, reasonable use. Okay! Thank you. Any uh comments. Yeah mr mcdonald,.

G

There's uh in in the packet of information that came.

G

uh With for for this meeting,.

G

There is a sheet that contains a paragraph called planning department comments.

G

And this is from previous adjustment actions um and.

G

The variance that's being applied for here is a lot coverage. I think it's a lot coverage.

B

Area, petroleum right um and this public comment from.

G

This comment, rather from the board on the on the prior consideration of this same property, says.

G

If all the criteria were met- and that is, I believe, the criteria from.

G

From the the city's five criteria for a variance or is it factors yeah five? um So if all the.

G

Criteria were met, the lot area per dwelling unit could be reduced to one thousand uh per unit.

C

Excuse me if he were seeking a special exception, but he's not he's seeking a variance right.

C

Yeah, I think what this is a difference. He had to seek a variance instead, okay, so so right, so so.

A

The planning department comment says: uh there's a process by which you can ask for a special.

A

Exception, which is a lower bar than asking for a variance and what they're saying is, if you meet so.

A

The criteria they're talking about is with respect to open space and maximum uh building coverage.

A

And off street parking right, so if those criteria were met instead of applying for a variance they.

A

Could ask for a special exception and have as low as a thousand square feet per unit in this zone.

A

What they're saying here, what the planning department is saying here, is they don't comply.

A

With with all those requirements, because they don't comply with the maximum building coverage,.

A

I'll say the building coverage is, as as the applicant noted, the maximum building coverage is.

A

35- and he has the applicant estimated that it's currently 38, so it's a very uh short distance to.

A

Actually complying with the requirements to ask for a special exception, um but I don't know if.

A

You had further comments on that. uh No, my only thought was that this this might be a way to.

G

uh Allow the allow what the applicant's trying to achieve and uh evidently not yeah.

A

Yeah, unfortunately, because uh for them, because uh the building coverage requirement is not met but.

A

Okay, any other thoughts or comments from anybody. Okay, um so the request is to excuse me the the.

A

Motion is to approve the request, uh mr lee. Yes, mr rossi, yes, uh ms eldridge, yes, is margin.

D

Yes, mr mcdonald, yes and the acting chair also votes. Yes, the request is approved.

A

Okay, next up is one more item of old business. This is a request of the monarch family, trust of 2018.

A

Owner for the property located at 45 miller avenue, where relief is needed from the zoning ordinance.

A

For an addition of a covered front, porch and conversion of an existing balcony into.

A

An enclosed bathroom which requires the following: variances from section 10.521,.

A

To allow an 8 foot left side yard, where 10 feet is required and 28 building coverage where 25.

A

Is the maximum allowed and a variance from section 10.321 to allow a non-conforming building or.

A

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

A

Of the ordinance the property shown on assessor map, 129 21 and lies within the general residence.

A

A district who's here to speak on behalf of the petition uh hi. My name is josh white from.

L

Tms, architects and I'm here to speak for the applicant okay go ahead. So a little background.

L

On the building it was originally constructed around 1937 uh when zoning was probably much.

L

Different back then, and so due to that not much on this lot conforms to the current zoning in terms.

L

Of dimensional regulations, both sides, setbacks are eight feet, and so the existing building sits.

L

Well, within the required 10 foot, when the current owner purchased the property in 2018.

L

The building had several out structures and our total lot coverage was 32.

L

Versus the 25., we've done quite a few significant renovations since then- and this is kind of the.

L

Last phase that we're looking at completing we're going to be transforming what was.

L

A balcony uh with a flat roof section which just doesn't work too well in in new england, into.

L

A additional second floor bathroom, so we need to extend a dormer slightly into the setback and then.

L

We would like to add a small covered porch for the entry off the front which is going to take our.

L

Coverage from where it's at at just under 26 percent, up to about 28 percent.

L

For the criteria, the variance is not in the public, not contrary to public.

L

Interest it, the building, will kind of increase, curb appeal with the renovations.

L

Matching, what's the surrounding buildings, look like um the little literal enforcement of the.

L

Zoning would relate in some unnecessary hardships, since the lot size is much smaller than what the.

L

Required lot size is, the existing building coverage already exceeds the coverage limits.

L

And it was already constructed within the setbacks, the spirit of the ordinance is observed.

L

We're not encroaching further in the setbacks, we're going flush up to the existing building so.

L

We're not actually going closer to the existing structures. Substantial justice will be done.

L

Granting the variances uh it provides kind of an equal opportunity for the owner to.

L

Renovate the property bringing it up to look with their neighbors.

L

We also have several email correspondents that we included with our application from neighbors, who.

L

Are uh in favor of this renovation and um the variants will not diminish property values as.

L

Again, we're making the building a little more cohesive with the surrounding structures.

A

Okay, thank you. Any questions for the applicant's representative.

A

Yeah ms margin, so the building coverage is increasing. You say, though, that the.

D

um Existing, I guess that existing sort of almost alcove kind of uh front that you have you're just.

D

Filling that in you're not extending outward or extending outward with a small.

L

Covered farmer's porch, okay, so that's what I thought and then you said that you were.

D

Going flush too, um the part that's extending out, isn't in the setbacks, so the the setbacks.

L

We're not extending any of the building into the setbacks at the ground level. Okay, okay. Thank you.

A

Okay, any other questions for the applicant's representative. Okay, thank you.

A

um So I'll open this up to the public is there anybody here to speak in favor of this petition.

A

So anybody here to speak in opposition.

A

Is there anybody here to speak too far against the request.

A

uh Well, seeing no one rise, I'll close the public hearing.

A

And open it up to the board for discussion or motion on this request.

H

I would like to comment that uh I thought that the.

H

Correspondence from the neighbors was very helpful in uh reassuring me uh about the.

H

Validity of the request: yep- okay, thank you, mr rossi. So, yes, we did have a couple of.

A

Those were included with the petition a couple of uh positive uh pieces of correspondence from some.

A

Some neighbors, I I believe they were all uh positive yeah. They were all positive.

A

And uh yeah miss margerson, I think initially this you know, application did give me pause.

D

And just that this property has con received a considerable amount of zoning relief.

D

And this would be the sixth, um but that said, I I did have to take this application on its face.

D

And um you know, I don't really think I mean there is a increase in the building coverage, which is.

D

The real reason for the for the variance- um I can't say that it is so against the.

D

Implicit or explicit purpose of the ordinance um that it is that much of a conflict so.

D

um But you know this: there has been a lot of zoning relief on this property.

A

Yeah, that's right, including recently, a few years ago to increase building coverage.

A

Any other thoughts from any other board members or a motion.

F

We approve this application. Okay, thank you, mr lee, uh can I have a second.

A

A session, thank you, uh mr lee. Your motion, okay, so.

F

This, uh this variance is not contrary to public interest, and the spirit of the ordinance is.

F

Observed this is a fairly minimal, although one of many requests for a variance, they're, filling.

F

In some of the existing building to increase the livable square feet of the building and putting.

F

A small addition on the front which doesn't really change that much in the neighborhood.

F

Substantial justice here is done because the benefit to the applicant.

F

Is not outweighed by any harm to the general public or anyone else.

F

Certainly does diminishing the surrounding property values by making these improvements.

F

Literal enforcement disorders would result in an unnecessary hardship, there's no fair and.

F

Substantial relationship between the general or public purposes of the ordinance and the specific.

F

Applications to this property- and it seems to me that the proposed use is a reasonable one. So for.

F

Those reasons I've moved that we approve this application. Okay, thank you, mr lee. Your second.

A

Ms eldridge has nothing to add okay. Thank you uh any other thoughts from any other board members.

A

Okay, um so the re the motion is to approve the request. uh Mr we yes, mr rossi, yes, ms eldridge, yes,.

A

Is margerson? Yes, mr mcdonald? Yes, and the acting chair also votes. Yes, the request is.

A

Approved all right, so next up uh we have a request of artwell llc owner for the property.

A

Located at 437 lafayette road, where relief is needed from the zoning ordinance for a proposed.

A

Four lot subdivision, which requires the following: variances from section 10.521, to allow a 60.

A

60 foot six inch. Excuse me 60.6 feet of continuous street frontage where 100 feet is required for.

A

Proposed lot, 3 and 67.2 feet of continuous street frontage, where 100 feet is required.

A

For proposed lot 4.. In addition, the applicant is asking for a variance for a front yard setback.

A

Of 29.5 feet where 30 feet is required, and I don't know what part of the ordinance that's from.

B

Section 10.521 section 10.521 thank you um and the property shown on assessor map 229 lot 1 and lies.

A

Within the single residence be district uh who's here to speak. On behalf of the petition, uh mr.

K

Acting chair members of the board attorney derek durbin for the record, I'm here on behalf.

K

Of artwell llc, the applicant um the applicant is requesting uh can a one-month continuance.

I

To have a full board for the january I mean hopefully have a report for the january meeting.

B

um So we would ask if you would entertain that request before we'd have to proceed. Okay, um so.

A

Yeah, so so, for the benefit of that, that was our new number. uh We will, we will offer um so so we.

A

Have to have a forum before we can vote and that a forum is for members. And if there are five or.

A

Fewer members sitting, we automatically offer two applicants the opportunity to postpone. We don't.

A

Automatically offer the opportunity to postpone if there are six, not seven members, um but it's not.

A

Something we're precluded from granting, and so, if somebody asks for it, we can entertain that so.

A

Nope, that's fine thanks! um So it's it's something that we can. We can entertain.

A

um So thoughts from any board members about that.

C

Or a motion to postpone, if that's, if that's the clinton, I know if we grant the request for.

C

Continuance. Okay, if I were at this meeting watching the ties, I would ask for the same.

C

Fair enough, it's very much on the record. They all earned it. Statistics.

A

Thank you. Can I have a second uh for that I'll? Second, it okay. Thank you, ms eldridge.

A

uh Your motion- uh excuse me, thank you, ms martinson. Your motion, miss eldridge.

C

um It seems a reasonable request that this is a large project and we are short people.

C

And I don't think, there's any problem with asking for a full review from the sport. Okay,.

A

Yeah, all right I'll just take a vote on this. um I guess do I need to close the.

A

Somebody has to do it. Thank you uh all right, so the request is to.

A

Postpone uh to the january meeting mr lee? Yes, mr rossi, yes, ms eldridge, yes.

A

Ms margerson, yes, mr mcdonald, yes and the uh acting chair also votes. Yes, so that request will be.

A

Postponed until our january meeting okay, thank you very much. Thank you for your time.

A

To new business, and the first request here is a request of clark, j anthony owner.

A

For property located at 64 haven road, where relief is needed from the zoning ordinance.

A

To construct a 10 by 12 foot shed, which requires the following: a variance from section 10.573.20.

A

To allow a 5 foot side yard, where 10 feet is required and variants from section 10.571.

A

To allow an accessory structure to be located closer to the street than the principal building.

A

The property shown on assessor map 206 lot 30 and lies within the signal residence b.

A

District and who's here to speak on behalf of the petition. Yes, I am tony clark, the homeowner.

B

Sorry, if, if if uh everybody else could take their business out the door, so we can hear.

A

They're moving thanks, yeah, sorry problem.

B

Okay, yes, I'm tony clark, the homeowner welcome. Thank you good evening, um so good yeah, so yeah.

B

So this is a you know, pretty straightforward. um The unique thing about my particular.

B

Lot is that the front of my house faces haven road up at the back of the lot on the left side is.

B

Along cluff road, of course, the elementary school or the little harbor elementary school driveway.

B

um I'd like to position a shed in the back, as you can see here, not probably perfectly.

B

Drawn to scale but about 15 feet from the rear and five feet from the side yard.

B

This is not contrary to public interest. There are many sheds in neighboring yards that are in.

B

Similar locations about 15 feet from uh their rear yard and closer to their setback than this is even.

B

The spirit of the ordinance uh will be observed, uh substantial justice will be done.

B

uh You know if this were not allowed. I wouldn't have a place to store outdoor furniture, lawn tools.

B

Etc, I'm sure my neighbors will appreciate having a place for me to keep them out of sight. There's.

B

Just a one car garage attached to the house, which is very small, they barely can fit my car. They.

B

Will not add significant value to my property, uh nor do, I think, will detract from the value of my.

B

Neighbors um and that's about it, I'm shut the door thanks. Okay, thank you. Hopefully you can hear me.

B

There's a big audience for that last month. Yeah evidently.

A

All right, thank you. uh Are there any questions for the applicant from.

G

111.5 foot side of the lot is that that's a side that runs along haven, uh the 60-foot.

B

Side on the right runs long haven. 111.5 uh is my next door neighbor to the right gotcha, okay,.

B

There's a photo, I don't know if you can.

K

So the 111 side is great.

A

If you can uh just grab the mic, because two viewers won't be able to hear you.

B

So this is the 111 side. You can kind of tell the difference in the lawn.

B

And then this is clough road on the back.

H

uh Yeah, I have a question for you guys. Oh I'm sorry, margerson was actually raising my hand, yeah.

D

So I'm very familiar with this area. My kids went to little harbor, okay um and um that's pretty.

D

Much all of haven road on that side, um so I I may have missed it because of the noise outside, but.

D

The what is the reason why you cannot sight the shed closer to your house.

D

And you need to sight it close to the road um you know, essentially where this is it's hard to tell.

B

The lot does slope back towards haven, so that is a relatively flat part of the yard. um You can kind.

B

Of see in the second picture, a little bit more so positioning it there will just preserve the use of.

B

The grassy area in the yard, okay, thank you.

H

I guess I have the uh so did somebody else have their hand. Go ahead, mr ross, uh similar.

H

Question but it's really more pertains to the side yard and the five feet that you propose from.

H

From your neighbor, you don't have any correspondence in here from your neighbor.

H

I've spoken to neighbors on both sides, and there are, you know, no problems, and I mean.

H

I kind of get why you need to be 15 feet towards the back. I don't really understand.

H

Why you need to be five feet from the side instead of 20? Why is that a hardship? um Just you know more.

B

Or less the yard isn't really that large. So if I were to put it, you know 20 feet from the side. It.

B

Would be right in the middle of the property and it would make the yard relatively unusable and.

B

And again there are multiple sheds along the cleft side.

B

Very similarly placed with relation to their side yards and to cloth.

A

Thank you any other questions from any board members. Okay, thank you. Thank you.

A

um So I'll open it up uh to the public, is there anybody here to speak in favor of the petition.

B

Is there anybody on it? There's nobody.

A

Anybody here to speak in opposition anybody here to speak to for or against seeing no one.

A

Rise, I will close the public hearing and open up to the board for discussion or emotion, yeah.

A

Mr mcdonald, um I drove by uh to have a look at the property and it's it's a nice neighborhood.

G

Very a lot of open space. um It's right right near a school. It's a very nice neighborhood.

G

And so it's probably a good idea to have a storage shed for.

G

All the unsightly things that every house has lawnmowers and snowblowers and all that.

G

um So it's it's a good idea to be able to get those undercover and out of sight um so for all.

G

Of those reasons I can support this application and I shall okay. Do you wanna? Is that a emotion or.

A

Just comments: it's just it's a comment right now: okay, okay, any other comments from anybody else.

A

Or emotions, just a procedural question and that is uh do both variances have to be considered at.

H

The same time, or they can be taken separately, no, we could, we could decide to grant one and.

A

And uh not grant another one if that was if that was the board's, um you know preference. Thank you.

A

Any other thoughts from any other board members.

A

um I I'll say I'll support um the. I would support the motion to approve the request.

A

So it's asking for a couple of things: it's asking for uh the very simple one allowing.

A

An accessory structure to be located closer to the street than the principal building.

A

Which? Because of the conditions of this lot, having two uh streets fronting it.

A

They can't place anything anywhere without um without uh getting that variance.

A

Relief, the other piece of it is the five foot side yard, where 10 feet is required.

A

I I take the point that some some people probably uh would would make here, which is.

A

You could you could comply with it. You know the yard is big enough, that you could comply with the.

A

10-Foot requirement um my response: is: it doesn't serve a purpose here, so there I think there is.

A

Enough of a hardship and- and it doesn't serve a purpose right- there's it's not like it's. It's.

A

The shed being located five feet off the property line would be budding right up to something else.

A

Or or it's you know or causing a problem for the neighbor, as the applicant said, the neighbors in.

A

In favor uh or in support of the the request, so I think this is this is a scenario where.

A

Yes, you could bring it into technical compliance on that point, but.

A

What purpose would it serve and I think there's enough uh in favor of it, that it.

A

All of the criteria are met um so so I would support a motion to approve their request.

A

Any other thoughts from anybody else or emotion. Yes, I just have a question of peter. If I could.

D

You know it's sometimes we don't always we're not always able to infer the spirit and intent of the.

D

Ordinance I mean the ordinance is very clear here that the accessory structure needs to be.

D

Close to the principal building, um so you know this is against that. But what is the purpose of.

D

That, well, that section is, is the purpose, is that accessory structures will be behind the house? Your.

B

Principal structure or and not closer to the road, so not you can't have sheds in front of your house.

B

But since it's a through lot, you have two frontages, so two front yards so.

B

They're treated the same so if any accessory structure behind the true front of this house.

B

Will still be in violation of that section because it will be closer to the street.

B

Than the principal building, since it is a through lot, okay, so um so really the distance is, is not.

B

A matter here with, with the 15 feet, it's just the location in relation to the main structure.

D

Okay, it being between the street and the main structure, and what they're really.

D

This ordinance is really trying to get at is having an accessory structure in front of the true.

D

Front of the house is that correct right I would say that yeah, okay, all right good glad! I asked.

A

Any other thoughts or emotion from any other board member yeah, mr lee I'd, make a motion.

F

To approve this application, okay, thank you, uh and can I have a second for that motion.

D

I'll second, it okay! Thank you, uh mr lee. Your motion, well, this application makes perfect sense.

F

To me, this property is obviously burdened by being having frontage on two streets so that it's not.

F

Possible to comply with the strict requirements of the ordinance, this variance doesn't seem to.

F

Be contrary to the spirit, the public interest and the spirit of the ordinance is observed. This.

F

The benefit to the applicant is not outweighed by any any harm to the general public and if, as a as.

F

The applicant said, if you put the shed where it's in compliance, strict compliance, the ordinance and.

F

It's it in the middle of the backyard, and you really don't have a backyard to use so.

F

I could see that as being a definite hardship on the on the landowner. There.

F

Siding we said here would have zero effect on the value of surrounding properties. In my opinion,.

F

And the literal enforcement of this would create a hardship on the applicant.

F

The special conditions here are the again the frontage, as I've said, on two streets, and uh if you.

F

Know, there's no fair and substantial relationship between the general purpose of the ordinance.

F

And this proposed use seems perfectly reasonable to me. So for those reasons I move.

F

We accept this happily for this application. Okay. Thank you, mr lee. uh Your second is uh emergency.

C

Nothing to add okay. Thank you. Any other comments from any other board members. Okay, um so call for.

A

A vote the motion is to approve the request, mr lee. Yes, mr rossi, yes, uh ms eldridge, yes.

A

Ms margerson, yes, mr mcdonald, yes and the acting chair also votes. Yes, the motion is approved.

A

I'm sorry that the petition, the request is approved, they're all approved.

A

Thank you. Thank you. Thank you all right. So the last item of business we have here is the request.

A

Of 35 pines llc owner for the property located at 295 maplewood avenue, where relief is needed.

A

From the zoning ordinance to establish a barbershop which requires the following.

A

A special exception from section 10.440 use 7.20 to allow a barbershop where the use is allowed.

A

By special exception, the property is shown on assessor map, 141 lot 35 and lies within the.

A

Character, district 4 l2 and the historic district who's here to speak on behalf of the petition.

J

Hi there I'm patrick lavoie, and this is lauren grady. We are owners of.

J

295 maplewood uh I'm going to read for you guys, rather than try and talk, um probably take too.

J

Much time I'll be all over the place um as owner of 295 mape would have unit 1 and 4 and ports.

J

City barbers, barbershop pcb. We are pleased to submit this application in the hopes that the.

J

Zoning board of adjustments committee will approve the special exemptions request to operate pcb.

J

In the new location of 295, maplewood have unit in portsmouth new hampshire port city.

J

Barbers barbershop pcb is a sole proprietor business. One employee, patrick levoy, myself.

J

And, and has been in business for ten and a half years last operating two 2.5 years.

J

On pleasant street in portsmouth new hampshire and before that at 621 islington street in portsmouth.

J

For eight years it has been a great honor serving the community of the portsmouth.

J

And surrounding seacoast towns, my partner lauren and I closed on 295. maple would have.

J

Unit one property at the beginning of november moving between locations was a difficult task.

J

But was out of my control as islington was being sold as a residential condominium and the landlord.

J

On pleasant street was using the space for a different purpose in the future. Gaining ownership.

J

Of the space I operate, my business out of has been the most rewarding career milestone to date.

J

That is, as it solidifies a location for pcb for years to come pcb.

J

Is operated by appointment only online booking at port citybarbers.com and.

J

Little plug a little plug sorry uh and an appointments are booked in in one hour increments.

J

I developed my appointment model in one hour increments, to keep my clients and community safe.

J

During coven 19 and will continue with this model indefinitely, there is no overlap with clients, as.

J

Haircuts generally take 30 to 40 minutes, sometimes 55 minutes, but my clients exit and then I have an.

J

Adequate time to clean and the spa and the space clean the space before the next clients arrive.

J

This model allows one parking space per hour without the need for additional spaces and.

J

Minimizes additional traffic in the new location, there are many public and metered parking spaces.

J

As noted below in photograph in the photographs, there is little to no. There is little my eyes, I'm.

J

43, I'm sorry um there's little to no associated waist. No, no, no, no necessary build-outs of space.

J

And no safety hazards associated with pcb, we will always maintain the charm and history of.

J

The beautiful building pcb is operating out of and as part of the hoa the maintenance and upkeep of.

J

295 mapwood is paramount for all stakeholders. The approval of this permit is extremely important to.

J

Continue serving the community and operating the business. That means everything to me.

J

And my family, I appreciate your time and efforts in improving this special exemption request.

J

Property analysis would be 295 maplewood ave unit. One is a commercial space.

J

With a mixed use condominium, the commercial space was previously used as an insurance company.

J

For many years the condominium has two residential units and one commercial space.

A

Okay, so thank you, uh questions for the applicant yeah, ms margerson, so.

D

um You were you sought a special exception to eliminate the on-site parking. um How did what.

D

Happened with that at the planning board and we got pushed off to the 30th of december. Okay, then.

B

No, the planning board that that they were on the agenda last week, but the meeting.

B

They postponed the most of the meeting until the 30th, so they didn't hear that okay.

D

Right, sorry, I didn't watch the planning board to find out. That's okay, um I figured I can ask.

D

So the concern I have is, I know that area well and I know the people that used to.

D

Own that building and it's it's exquisite um and I worked around there. There is no the metered.

D

Parking is further down on maplewood avenue so, and you can't park anywhere near uh there on.

D

Maplewood avenue or den it so my question to you is why why are you trying to eliminate the parking.

J

Though there is none, I have not there's no parking. What is behind the building uh that that's so the.

J

Behind the building, those two spots are with so each condominium has one parking spot. Each.

J

And that's right directly behind the bar, the the building where the barber shop is.

J

There's the boat launch at the end and that's where I'm telling my guys to park because that's.

J

Public parking or to go and pay the parking meters over in the by where all the hotels.

J

Are yeah it's further down? Maybe it would, and for the bridge and or the other spot is um as.

J

You go down dennit where it has the the v and there's those couple of spots there, but most of.

J

Most of my guys live in the area, so they either ride scooters or they walk there or ride bikes.

J

There or park out back and they've walked my my other barber shop was at 94, pleasant street and.

J

People used to park in the free parking spot by citizens bank, so that was a little bit of a walk.

J

So walking from the public boat launch, that's not so bad for them plus there's. There is.

J

Like kind of a space where there's three parking spots back there, that are kind of.

J

Just kind of on the side of the road of jackson, hill, road on the lower part of jackson, hill.

J

And then northwest, I guess, has parking up by the museum for the public, but I am trying to.

J

Tell my guys not to go up there just to stay on the lower part of jackson or at the boat launch.

D

And how many park is the reason I'm asking is because we, um you know special exception vehicular.

D

Traffic congestion- I just want to kind of nail down um how many spaces are. I didn't realize.

D

There was public parking available at the end of that street. um How many spaces are available there.

D

I mean it's considerable yeah, it's at least, I think, maybe eight at least eight. Oh, it is.

F

Yeah, it's all the way down the road to the very end. Okay, with the exception.

E

Of one personal residence that has no parking signs there, but there's probably eight okay.

D

Because I would imagine I know you know who knows we're right back in the midst of covet.

D

But you know, eventually, we will get back to normal and you're going to be generating more.

D

More traffic a year, no I'm a one-chair barber shop. I do 10 to 12 haircuts a day. It's going to be like.

J

This it's no change. I work seven days a week right now. I've worked seven days a week for the past.

J

20 months, I do 10 haircuts a day or 12 haircuts a day. On monday, wednesday thursday. I do 12 hour.

J

Days, I do 12 haircuts and every other day I do 10 haircuts and then on saturday and.

J

Sunday, I do nine haircuts each, so I work seven days a week. That's how we bought our house.

J

On austin street and that's how we bought this property, so there would be no change. It's just.

J

A one chair, barber shop, it's just my business yeah. I will say that I'm familiar with that barbershop.

H

And the rules of making appointments and so on are very strictly adhered to.

H

There's there's no crowd there ever okay. um So just because it's a you know the I don't.

D

Know how much uh traffic this insurance business actually um generated. So um that's it. Thank you.

D

Thank you any other questions. Yeah, mr mcdonald. um I drove drove up to.

G

um Your property to have a look at it the other day and um it's it's quite a congested area and.

G

There's not a whole lot of elbow room for moving vehicles around how much traffic is there from.

G

The buildings that are farther out the the point of land in the north mill pond.

J

Businesses out there that generate traffic, no they're, just apartment buildings.

J

I think that from the water to my property, you're saying they're, just um I think they're just.

J

Multi-Use apartment buildings where they come out, you know, I don't think, there's any businesses that.

J

They're in there, except for the one, that's next to me, I think it's a non-profit of some sort.

J

But other than that, I I don't really know what they do. There are um some.

G

Buildings, new construction of homes.

G

um Proposed for the northwest street and we've heard two of those proposals in this board.

G

And so there's a there's: a little traffic out there there's no place to park and there's.

G

No place to turn around there is now at the end of northwest you're, saying yeah way way.

G

Down at the end, by the bridge down the end by the bridge, so you go past the town's easement.

J

That's in that one property right and then there's a turn around right there at the bottom and then.

J

There's the house that was bought, I don't know a year and a half or two years ago, and then there's.

J

A house at the end, um if that's what you're talking about and there's a proposal to build.

G

uh I think two additional on that spare lot right there. No, no you're talking on the other side, where.

J

The hotels are you talking on northwest street the side where the bypass runs right through the.

J

Parallel northwest yeah, so the submarine's over here and then there's there's a house, a house.

J

And then a house and then an empty lot that goes down to the end of northwest, is that.

J

Where you're talking about um that that whole long, narrow piece of land that yep, that the.

J

South the city has an uh easement on correct. Well, they have a turnaround for the plows.

J

Well, they have a turnaround for the plows at the bottom right and then there's an easement from the.

J

Water, the it's like for the power or something like that for the bridge or something.

J

But that piece of greenery is what you're talking about that. There's a proposed thing for two houses.

J

In that greenery, is that what you're talking about? Yes, I believe, I believe that we're talking about.

G

The same piece of patch of land, okay, it's a it's, a very small, very narrow. Yes, it's like 200, it's 200.

J

I don't know, I don't even know what you're talking about, though I know exactly.

J

The property you're talking about so that's going to increase.

G

Traffic, when, when houses like that, get built and and people move in and bring their cars with them,.

G

Increases traffic on northwest street uh and and potentially right behind your building.

J

Okay, I don't know, I don't think so, but that's fine. um I mean they're. Gonna have driveways right.

G

So my question, which I'm having trouble getting to is, uh is does that concern you and.

G

What can be done to alleviate traffic congestion.

J

um Not nobody else's property concerns me. I'm just concerned about my own property and my own.

J

Business, I don't, I don't want to get involved in politics or anybody else's thing, what they do with.

J

Their own property, if that's what you're asking me, I'm I'm unwilling to answer those questions. Okay,.

G

But there is no, for instance, neighborhood association, that's planning anything out there.

J

I just got here: I I have no idea of plans for anything, I'm just one guy we're looking to cut.

J

Here and make a living okay, fair enough! Thank you. Thank you. Any other questions. Yeah ms eldridge.

A

I'd like to make a motion that we approve this, we need to hear from the rest of the. I will. I.

A

Will take that shortly settle down any other, any other uh questions for the applicant yeah. I just.

F

Like to note that, there's a there's a huge amount of letters in support of this application for the.

F

Neighbors, your neighbors love, you, they love you, and they also want to mention that you once cut.

F

President george h.w bush's hair- yes, sir, a long time ago, a long time ago, but yeah.

F

You have a lot of secret service guys in there, while you're doing that. Yeah.

J

Yeah, so you know it was a sharp object. Yeah, I don't think there's many people that are allowed.

J

To be around a president with sharp implements, um it was a long time ago. I've made my career, though.

A

All right any other questions for the applicants. Okay, thank you very much. Thank you.

A

Is there anybody here just there's nobody here, but is there anybody here in favor or opposition.

A

To this petition, uh anybody here to speak too far against seeing no one acknowledge that we.

B

Got we didn't get? Yes, we did uh yeah I'll close the public hearing and, yes, we did get a number.

A

Of letters, I think they were all in favor for a number of reasons. They talked about.

A

uh How it would be, you know, a suitable addition to the neighborhood and things of that nature. So.

A

I will open it up to the board for discussion or emotion.

A

All right, okay, I'd like to move approval; okay! Thank you. Okay. Second, please.

B

I'm sorry thanks, mr lee, uh ms eldridge, your emotion, um there has been a commercial use.

C

For that property for decades- and I don't think that this barber shop is going to be in any more.

C

Traffic with it than the others did, especially under the rules of this barbershop.

C

So I don't think there'll be a hazard to the public or adjacent property on account.

C

Of potential fire explosion of toxic materials, no detriment to property values. As I said, this.

C

Has been commercial space and the neighbors are very excited about it. um No creation of a traffic.

C

Safety, hazard or substantial increase in the level of traffic, no excessive demand on municipal.

C

Services, including, but not limited to water, sewer waste disposal, police fire protection in schools.

C

And no significant increase of stormwater runoff onto adjacent properties, since nothing.

C

Is physically changing with the building, so everything will pretty much stay the same so for.

C

Those reasons I think that this barbershop should be granted a special exception. Okay, thank you.

A

Miss eldridge uh your second, mr lee. I concur and have nothing to add. Okay. Thank you. Any comments.

A

From anybody else yeah ms margeson, I just the only comment I have is my concern was about the.

D

The parking issue that has been answered to my satisfaction.

D

I do not believe that there will be any traffic safety hazard or a substantial increase in the.

D

Level of traffic congestion from such a low impact business, so um my concerns.

D

Thank you, okay. Thank you. Any other comments. uh Okay, so the the motion is to approve the request.

A

For special exception, uh mr lee, yes, mr rossi, yes, ms eldridge, yes, ms margerson, yes, mr mcdonald, yes.

A

And the acting chair also votes. Yes, the request is approved.

C

A

Okay, so that was the last item of new business that we had.

A

uh Did anybody else have any other other business.

A

Okay, so I will look for a motion to adjourn so moved. Thank you, mr lee. A second please. Second,.

A

Thank you, mr mcdonald, uh all in favor, aye, aye aye and the acting chair votes. I we are adjourned.