City of Portsmouth, New Hampshire Board of Adjustment, 28 Feb 2023

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From YouTube: 2.28.2023 Board of Adjustment

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2.28.2023 Board of Adjustment

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Good evening welcome to the february 28th board of adjustment meeting, I called the meeting to order now.

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The first order of business is approval of the june january 24th 2023 meeting minutes.

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Are there any edits or comments.

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Page nine second paragraph second sentence at the end of the sentence at the end of the second line.

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It says he said he knew how it was uh or know how it was. It should be, new should be knew and.

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Let's see, there's one other one that I have to scroll back to find.

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Come on, I don't actually that might not have been paid. Okay, this page nine hold on hold on.

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This is why it would be easier to send them in advance. On page four.

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The third paragraph, which begins with mr baton batson, clarified the second line towards the end.

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Of that line it says their attention was to, and then the was two is repeated on. The third line.

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Does anybody else have anything to add? I also noticed a small typo online. It says she said.

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Agreed with mr matson and it should be, she said she agreed with mr maxwell. So is there anyone who.

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Would like to move approval of the minutes with those amendments so moved? Is there a.

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Second, second, thank you. Is there anything else to discuss all in favor aye, all right? Okay, thank you.

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So um there are only five voting members tonight and pursuant to section 7 item.

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Seven of the board of adjustment rules and regulation each applicant has the right to.

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Postpone consideration to the next meeting when there are six or more members present.

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Should there be any applicants tonight that wish to postpone to a later date.

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Please state your request to the board when your item is read into the record.

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Also, just a reminder that each petitioner has 15 minutes to talk to us and if you think, you're.

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Going to need more, please ask ahead of time, and the board will decide if, if that is given.

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And each person who comes up to speak too far against has five minutes.

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Business item e in new business is a request to postpone due to improper notice, the request.

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Of the griffin family, corporation owners and lovewell veterinary services, llc applicant.

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For property located at 800 islington street unit 1b, whereas relief is needed to allow veterinary.

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Clinic which requires the following one special exception from section 10.440 use number 7.50.

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To allow a veterinary clinic where the use is permitted by special exception,.

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Said property is located on the sister map, 154 lot 1 and lies within the character district 4-w.

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Cd4W district lu-23-8 request to postpone due to improper notice. Madam german.

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I'd like to make the motion to postpone this request: okay is there a second second.

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We'll give it to mr mcdonald: is there any discussion? Would you like to say anything.

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To sputnik, okay, so mr mantle, mr mcdonald, yes, yes, mr rossi, yes, mr matson, yes and the chair.

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Of outside so item e under new business is postponed till next month. Yes, next month,.

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The next item of business is the request of cade street development, llc owner and.

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Rare breed veterinary partners, applicant for property located at 350 u.s route, 1 bypass.

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Whereas relief is needed to allow an urgent care veterinary clinic, which requires the following.

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One special exception from section 10.440 use number 7.50 to allow veterinary clinic where.

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The use is permitted by special exception, said: property is located on assessor map 172 lot, 2.

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And lies within the gateway card or g1 and transportation corridor tc district.

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Lu-23-9 is there anyone to speak to this petition? Oh.

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Good evening my name is nick collins. I am from olson lewis, architects and I represent.

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Rare breed veterinary partners, I'm seeking a special permit application for uh to run a.

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Urgent care veterinary clinic um just an introduction, um the the location is 350 u.s.

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Route 1 bypass, it will be about 4 000 square feet of tenant space in an existing building and um the.

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Veterinary urgent care is a little similar to or very much similar to human urgent care in that.

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It seeks to treat illness or injuries that aren't necessarily life-threatening, but do.

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Require medical attention that can't wait for a your regular general practitioner veterinarian it.

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Will be a walk-in clinic, providing outpatient care, it will operate after hours and on weekends and.

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During holidays for pets in a comfortable setting, majority of patients will be dogs, cats and other.

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Small animals there will be no larger horses or arm animals or anything like that, and there will.

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Be no crematory on site or no commercial boarding of any kennels or anything like that. So the.

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Typical areas available to the public or client side of the facility would be an entry vestibule.

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A lobby reception area, a few exam rooms about six exam rooms and then a public restroom and then.

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The remainder of the facility will be accessible by staff. Only that'll include a treatment area, a.

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Pharmacy lab a surgery and pack area an x-ray room, an animal holding area for post-surgery recovery.

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A vet office break room staff restroom and then a utility room. The proposed hours for the facility.

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Would be monday through friday, 2 p.m, until 11 pm and then saturday and sunday from 11 a.m, to 7 pm.

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So the special exception that we are seeking for this location falls under section 10.232.20.

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And we meet or we believe we meet the following standards- standards provided by this ordinance.

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For the particular use permitted by special exception, so the veterinary urgent care will.

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Meet all of the standards provided by the city of portsmouth zoning ordinance pursuant to section.

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10.440 veterinary care facilities are permitted by special exception within our zoning district g1.

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Additional standards specifically applying to this use listed in the zoning ordinance are section.

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10.832 requiring that all kennels be located within an enclosed building and section 10.592.

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Which requires a 200 foot minimum distance between any lot with a veterinary hospital with kennels.

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According to 10 section 10.1530, the definition of kennel is an establishment with the primary.

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Use is housing, dogs, cats or other household pets and or grooming breeding training or.

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Selling of animals and as defined by this ordinance, the proposed clinic, does not have.

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Any kennels we are not seeking to house anything, so we we meet that requirement.

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Section 10.232.22 no hazard to the public or adjacent property on account of potential fire.

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Explosion or release of toxic material, um so the proposed veterinary, urgent care clinic will.

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Meet all applicable building codes and will be operated in accordance with all health and safety.

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Regulations particular to veterinary facilities, some specific area of consideration within this.

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Use would be a medical gas system, oxygen, waste, gas or suction. All of this will be designed in.

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Conformance with local and state fire codes and to minimize any potential hazards from fire or.

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Explosion, the x-ray room all required x-ray safety procedures, shield and controls maintenance and.

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Calibration will conform with the state of new hampshire rules and control of radiation and then.

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Medication control in the pharmacy and pack areas medication will be stored in the pharmacy area and.

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Controlled by a locked distribution system with access only granted to authorized staff members.

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In section, 10.232.23 no detriment to property values in the vicinity or change of the essential.

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Characteristics of any area, including residential neighborhoods or businesses, and industrial.

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Districts on account of the location or scale of buildings and other structures, parking areas.

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Access way, odor smoke, gas dust or any pollutant, noise, glare heat vibration or unsightly odors.

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Storage of equipment, vehicles or other materials, so we are not looking to change the essential.

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Characters of anything within the existing facility, we are interior only they're, especially.

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With animal care facilities, isolation of noise is important not only for our adjacent, but also for.

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The health and well-being of the animals within the facility itself, so particular interest, is.

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Paid to sound proofing and minimizing as much noise additionally having a proper hvac system.

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In order to reduce use, any odors is a particular concern and will be incorporated into the design.

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Section 10.232.24: no creation of traffic safety, hazard or substantial increase in the level of.

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Traffic congestion of in the vicinity, um the proposed use, will not adversely impact traffic.

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Patterns or the commercial-oriented character of the area in general.

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um The facility anticipates that loading and delivery operations will occur approximately once.

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Or twice per week, depending on need, any biohazard or animal waste will be removed by a dedicated.

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Service and properly disposed of off-site, any animal cadavers will be temporarily stored on site.

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And then in a chest, freezer and then removed as needed by a dedicated crematory service.

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And then a pursuant to section 10.112.32, the existing retail trade use of the property.

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Requires that a total of 13 off street parking spaces or one per 300 square feet, the ordinance.

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Also requires a total of eight off-street parking spaces for a veterinary care facility and would re.

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Result in a decreased number of parking spaces, rare breed anticipates that a regular staff of.

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Seven to ten would be using this facility with the ability to serve three to five patients.

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The existing off street parking of 214 shared commercial parking spaces.

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Located more than meets this intended use and complies with this requirement.

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In section 10.232.25, no excessive demand on municipal services, including, but not limited,.

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To water sewer, waste disposal, police and fire protection and schools, reverie does not anticipate.

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Any excessive demand on municipal services with this proposed use the existing building.

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Is serviced by public water and sewer that meets our requirements of a veterinary facility and we.

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Anticipate little if any demand on police or fire protection and would cause no impact to schools.

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Section 10.232.26 no significant increase of storm water runoff into adjacent properties or.

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Streets as the proposed use will be an interior tenant, build out and does not.

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Change anything on the site. We anticipate no increase on the storm water, runoff.

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So, in conclusion, um we feel that we meet all of the criteria for a special exception and.

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I believe included with the application or a few the floor plan right there, as you can see.

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In blue, everything is uh client-facing public front of the house and then everything in pink.

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Is back of the house staff only so you have six exam rooms, a lobby, a reception area and.

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A public toilet on the public side and then vet office lab pharmacy treatment area, write.

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Up supplies, surgery, pet pack, x-ray and break room and some holding areas for recovery, post surgery.

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And then I believe there might also be a couple plans showing the there. It is that's the location.

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On the site, with the existing parking or planned parking and then there should be some photos of.

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The existing building and I believe that there is some anticipated renovations for the site to.

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Bring it up to the previous site plan shown with the parking levels there and then lastly, is a.

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Leave a gis map showing there. It is here, the property location.

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Thank you. Thank you. Thank you. Does anybody have any questions for the petitioner.

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I have one question: is the parking is owned by the same parcel or is it.

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Also shared with the other parcels with different ownership, I believe it's owned.

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By the same parcel everything that's shown on the um the site plan, a few slides back.

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Be forward one there, it is okay, yeah, that's all the same personal yeah. Everything in that.

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Light blue is the shared commercial parking that we would essentially have access to.

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Anything else, okay, thank you. Thank you.

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Is there anyone to speak in favor of this petition.

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Is there anyone to speak in opposition to this petition.

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Is there anyone to speak 2-4 or against this petition.

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Seeing no one rise, I will close the public hearing board. What would you like to do.

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With the application meets the criteria for special exception, and I will be supporting this.

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Application promotions.

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Speaks of the contrary, you will be. Let's do that. Okay, I move that we.

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Approve the application for special exception, as presented and advertised, is there a second.

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Would you like to speak to your mission? Yes,.

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uh This uh use is permitted by special exception within the ordinance, and it complies with all the.

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Design and the intended use complies with all the particular requirements for a veterinary facility.

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So it does meet the first standard, the second, with regard to no hazard to public or adjacent property,.

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On account of potential fire explosion, a release of toxic materials, the applicant has taken care to.

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Ensure the proper handling of uh of gases such as oxygen that could present such a hazard and we'll.

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Be doing that in compliance with all applicable regulations and and guidelines and standards.

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So it does not present a hazard to the public or adjacent property, there's no detriment to property.

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Values in the vicinity or change in the essential characteristics. This is located in an area that.

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Has a lot of commercial uses? It is right, easy access from the road which speaks 0.4, no creation.

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Of traffic safety hazards, that's a very heavily traveled road. It would be very surprising if the.

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Traffic hay grass and egress from a veterinary facility would add in any substantial way to the.

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Traffic conditions in that particular vicinity, no excessive demand on municipal services, the.

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Applicant states that the existing supply of water and waste and waste water disposed.

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Extraction are adequate for his purposes, he's not creating any new police or fire protection hazards.

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Not near enough to a school to be of any concern and the property already has a.

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Great deal of impervious surface, this will not be adding to the impervious surface of.

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The property so there's no increase in the storm water, runoff and two adjacent property or streets.

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Okay, thank you do anything to add. um I agree they meet all six criteria easily. It's the old.

C

Suzuki dealership, I can't see where this could be any more detrimental than that. uh Not that.

C

It was detrimental in the first place: um yeah, it's commercial use um in a commercial area.

C

I will support the motion. Okay, thank you. Is there any discussion before we vote.

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Okay, in that case, a yes vote is to approve of the veterinary clinic.

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Mr banner, yes, mr mcdonald, yes, mr rossi, yes, yes and the chair votes. Yes, you are approved.

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The next item of business is the request of andrea horowitz.

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Shrivnick owner for property, located at 129, aldridge road.

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Oh, I am so sorry we skipped one. I had it covered by my machine.

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Sorry, I'm sorry, no! It's um it's avia yeah, we're both sorry. The request of aviation.

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Avenue group llc applicant mps development authority owners for property located at 80.

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Rochester avenue, whereas relief is needed for the construction of an advanced manufacturing.

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Facility which requires the following one variants from article 304.03 e to allow a.

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28-Foot rear yard, where 50 feet is required, said property is located on assessor map 308 lot, 1 and.

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Lies within the p's industrial district lu-22-210. Is there anyone to speak to this sorry, security.

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Madam chair members of the board, the applicant wishes to postpone this evening. Okay, [applause].

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um Yeah we have to vote on that. Okay, okay, make a motion postpone. Okay! Is there a.

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Second, second: is there any discussion, no okay, all in favor all right! Thank you.

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Okay, so moving right along to the next one, the request of andrea hurwitz, drebnik and forgive.

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Me if I have really ruined that owner for property located at 129 aldridge road, whereas.

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Relief is needed for the installation of a mechanical unit which requires the following.

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One variance from section 10.5 15.14 to allow a four foot side yard where 10 feet is required.

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Said property is located on assessor map, 153 lot 35 and lies within the single residence.

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B, district lu-23-10 is there anyone to speak to this? We have chris redmond on zoom, oh okay,.

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Okay, whenever you are ready.

G

Good good evening, can everybody hear me? Yes, we can yes great. Thank you.

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um And thank you for for allowing me to zoom in this evening. um We- I am here representing.

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uh My clients at 129 aldrich road and we're here tonight to request uh that a condenser currently.

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Located on the left side of the home and within the 10 foot side setback be replaced with a new.

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Slightly smaller condenser in the same location, there's currently a renovation project going on.

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At the property and the current condenser needs to be replaced to accommodate the new hvac system.

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When we originally submitted this application to request to keep the new condenser in the.

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Same location as the existing one we reached out to some of the neighbors and.

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Okay per request of the neighbor to the left side of the shred next, the closest to the condenser.

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She requested that they move the condenser about 10 feet back and if you look on the plan that we.

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Submitted with the application you'll see that the existing condenser is on a.

G

Thank you for bringing that up. So it's on the next. uh I think the next slide down.

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um There should be one more that shows a floor plan there. It is right there. Thank you, so it's.

G

It's um the existing one is at a little jog in the existing part of the residence. The part of the.

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House to the right of that is a new new addition, and the neighbor to the left has asked my clients.

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If they would think about moving this condenser further back towards the rear of the property or.

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To the right on your screen, almost just how it is now, but to the very uh back part of the home.

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And it would be uh just a little bit further away from their kitchen window and behind some bushes.

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That are on that side of the property and and the neighbor was was hoping that would dampen um some.

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Of the noise- and so I know that we submitted the application with the um asking to keep it. Where.

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It is now, but uh based on that feedback from the neighbor, my clients are okay, with uh and and of.

G

Course we checked with the electrician and the hvac contractor and they're okay with moving it.

G

um To the very rear of the home on the back corner, um I'm not sure if I can share a pdf. But if I can.

G

I could show you exactly where that is, but I um I think it might be self-explanatory. Oh here we go.

G

Would you like me to try to yes, please share that real quickly. I am told to go work.

G

Okay, great yes, um I just tried. I hope everyone can see that.

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And I show the location uh just a little bit further back.

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um Away from the street and a little bit just more protected from the um the neighbor to their left,.

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So I am hoping to uh slightly revise this request to show just just based.

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On the neighbor's feedback that we would uh be okay with moving it to this new location.

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And um I can, uh if it pleases the or I will go to the uh five points that we have here.

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um The variants will not be contrary to the public interest um 0.1. We believe that replacing.

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The existing condenser with a new, smaller and hopefully quieter one will not um be contrary to.

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The public interest, the spirit of the ordinance will be observed. We believe that it will be.

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Observed as the new condenser will not negatively impact the neighbors to the left of the property.

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um Substantial justice will be done in our opinion. It will be because we.

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Are replacing an older noisier condenser with a slightly smaller and quieter one.

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The values of the surrounding properties will not be diminished. We believe that they will.

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Not as many homes in the area have these nowadays and um you know again, switching.

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To a smaller one and a newer one, we hope will will be a improvement. And, lastly,.

G

Literal enforcement of the provisions of the ordinance will result in an unnecessary hardship.

G

um Aside from these two locations on that side of the house, we do not know where else we could move.

G

It um the driveway, is on the other side of the house. It's a pretty tight property, as you may know,.

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On aldrich road, so we uh feel like we just. We need to put it somewhere and we're trying trying to put.

G

It in the least harmful place possible that is it okay. Thank you. Are there any questions for the.

B

Petitions, one is, if you could just clarify for me the.

B

The proposal shows that the existing unit is 5.7 feet away and the proposed is four feet.

B

Away from the left side left side light, but in the diagram you just showed us, it looked like the new.

B

Location is actually farther from the left side lot line. So what what am I confused about here?.

G

um So the pdf that I shared with you, um it is moving the condenser further away from.

G

The property line, which is to the the north of that screen, however, it's still within the.

G

Side setback so either way the house that 10 foot side setback goes right up to the.

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Wall of the residence, so there's no way to move it out of that 10 foot. So I I get.

B

That, but what is the specific relief that's being asked for in the new the revised plan.

G

It would be just as just as it is in the existing plan that it would be released from.

G

That side setback we're moving at 12 inches further away than it was in the application.

G

So and I apologize uh that dimension, I do not have, but I think you you may have just mentioned.

G

It that it was five foot seven inches but uh and the new location is six foot, seven inches.

B

Five feet: this is the new, that's the new request: okay and the other. uh When I looked.

B

At the property, I couldn't see what was going on at the very back of the property. What is.

B

uh What's preventing locating the unit in the absolutely in the rear of the property.

G

um So, on the current plan that I am sharing, if you can still see that.

G

um There is a deck off the rear, you'll see something that I labeled bulkhead.

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And to the um south of that on the page is a deck coming off of the new new uh part of the home. So.

G

There is the we we can't locate it near near the bulkhead. Of course we wouldn't be it be able to.

G

Access it and there's a deck off of the remaining part of the back of the home. So we, where we have.

G

It now on that new location is just around the corner from the very back wall of the resonance.

B

Thank you any other questions. Okay, then, thank you. I will open it to the public.

A

Is there anyone here to speak to this petition.

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Is there anyone here to speak against this petition.

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Is there anyone here to speak to for or against this petition.

A

Seeing nobody rise, I will close the public hearing.

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And um is there a notion from somebody I think it's the last one anybody else, mr.

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Matson I'll make a motion to approve. Okay. Thank you. Is there a second.

A

You knew it yes, yes, okay, thank you. um Please go ahead. uh Granting the variance would not be.

E

Contrary to the public interest, uh this is just replacing and existing condenser with a newer.

E

Quieter condenser uh with uh less relief needed, because it'll be further from the property line.

E

um And it's in the side yard not easily visible from the street, uh granting the variants would.

E

Observe the spirit of the ordinance um for the same reasons just stated, and there's no.

E

um Impairment, uh uh public health, safety or welfare, and it does not alter the essential.

E

Character of the neighborhood granting the variants would do substantial justice.

E

This is a needed improvement for updating the home and energy efficiency and their.

E

uh There's no viable alternative location and there's no detriment to the to the public.

E

uh Granting the variance would not diminish the values of surrounding properties. There's no reason.

E

Why uh improving this uh a new condenser, replacing the old one, would would harm property values.

E

um A little literal enforcement of the provisions of the ordinance result in an unnecessary.

E

Hardship, the property has special conditions that distinguish it from other properties in the area.

E

And owing to these special conditions, a fair and substantial relationship does not exist between.

E

The general public uh purposes of the ordinance provision and the specific application of that.

E

Provision to the property and the proposed use is a reasonable one. It the proposed use.

E

Is a reasonable one, and this lot is half the width of the required minimum. A lot for single.

E

Family residents and the overall lot size is also undersized and given the location.

E

Of the home in the driveway, uh this imposes the hardship that would justify this uh location. Okay,.

A

Going to ask you to some words about the new.

A

The modification that was made this this evening so that we know we're talking about the new.

E

Location, yes, the the uh advertised uh request for relief was for a four foot setback uh and uh the.

E

Revised application involves uh asking for less relief because it'll be five feet.

E

Setback from the property line, which is further okay, okay, did you want to? Is that a stipulation.

E

uh I would add that as a stipulation um yes thank you does. The second have anything to add.

F

I concur with mr madison's discussion completely and I will support the the motion. Okay.

C

Looking back at the prior application and looking at the drawings today, uh the existing condenser.

C

um Was four feet away.

C

So when they came for their variants for the building.

C

The condenser was the closest thing to the side yard.

A

Well, I'm looking at the plans here I mean I think they swapped out the size of the condensers.

C

Between the two plans, that's why the older one looks smaller and the newer one looks bigger when.

C

It's actually the opposite. My point is when they applied for the variants before for the building.

C

Condenser was already there four feet from the line with let's prep, this no variance.

C

So well, no I'm here, I'm not opposed to it. Okay, I'm just pointing that out. Yeah you're right because.

A

It's not new okay, but any further discussion. I'm sorry! No! I'm going to cut you up! I'm good! Okay,.

A

So then a yes vote means. We approve the condenser in the new location that we.

A

Learned of this evening, the amended location, mr manor yeah, mr mcdonald, yes, mr rossi, yes, mr matson.

E

Yes and the chair votes. Yes, so you have a new condenser in a new location. Thank you. Thank you.

A

This item of business is the request of the rtm trust and ryan t mullen and heidi ek, trustees.

A

Owners for property located at 253 odeon point road, whereas relief is needed for the.

A

Installation of a mechanical unit which requires the following one variance from section 10.515.14.

A

To allow the mechanical unit to be located closer to a street than the principal structure.

A

Zip property is located on assessor map, 224 lot 10-19 and lies within the single residence.

A

A sra district is there anyone to speak to this petition? Yes, yes, please come up.

H

Good evening, madam chair and members of the board and miss casella as well, my name is ryan mullen. I.

H

Am one of two property owners and I'm also a new resident of the city of portsmouth. We purchased.

H

Our house here at 253 odeon point road back in november and we are involved in a major renovation.

H

Project and um my presence before the board this evening relates to one part of that project and.

H

That's for a generator we're requesting to install you'll, have to pardon me, I'm I'm getting older in.

H

Age, and so I have to switch my glasses from time to time, so I apologize don't apologize. Please.

A

Don't apologize, please, I will uh do my best to stay within the 15-minute parameters and I.

H

Produced this uh request myself, so I'm I'm definitely aware of everything in.

H

Here and I'd be more than happy to take questions following okay.

H

Okay, the conversation here so uh that said, the residential uh property and.

H

Single family structure located at 253 odion point road in portsmouth new hampshire was.

H

Constructed in the year 2000 and most recently purchased in november of 2022, like I said.

H

The heating and ventilation and air conditioning mechanical systems of the structure were original.

H

And were at the end of their useful life, the hvac mechanical system is being replaced with a.

H

20 seer bosch heat pump system, which is powered by electricity. Only avisman water, heater, slash boiler.

H

Powered by liquefied petroleum gas will be will provide backup heat to the hvac mechanical system.

H

And extremely low temperatures when the bosch heat pumps are not considered to be efficient, it's.

H

Estimated the bosch heat pump mechanical system will provide hvac to the structure 95 of the time.

H

With the bosch heat pump, mechanical system is powered by electricity. Only.

H

Therefore, a power outage render the bosch heat pump, hvac mechanical systems unusable.

H

Consequently, myself, the property owner and my spouse request, approved from the city of.

H

Portsmouth to permanently install a 26 kilowatt, generac, residential backup, lpg fuel generator.

H

To provide backup electric power directly to the structure's electrical system during an.

H

Electricity power outage the 26 kilowatt generac generator is 40 inches long by 25 inches wide.

H

By 29 inches high, and I believe I provided the city with some specs on that generator.

H

Thank you. It's rated for 67 decibels at 23 feet and I'm by no means an expert at.

H

Equations and I'm not a mathematician, but a little research I conducted according.

H

To the inverse square law suggests, it can be shown that, for each doubling of distance from.

H

A point source, the sound pressure level decreases by approximately six decibels.

H

The closest residential structure to the proposed location of the generator is 119 gosport road.

H

At 110 feet that said, if my neighbor john o'reilly, who have spoken to uh we're standing at the edge.

H

Of his house at 119, gosport he'd be subjected to an approximate decibel level 28, which part of.

H

The academy american academy of audiology would sound soft, like a whisper to faint, like leaves.

H

Rustling, so I've actually had. um I don't live at the property right now, because there's some.

H

Significant renovations taking place, but I've had the chance to meet several of my neighbors.

H

um And mostly it's I apologize for all the renovations and the trucks hopefully it'll, be over.

H

Soon we didn't understand it was going to be a big of a process and renovation as it is, and so you.

H

Know we we talk in person when I can, when I'm over there managing contractors or on the weekends, when.

H

I'm over there working myself, so um I I have had a chance to talk with john o'reilly uh just next.

H

Door- um and he told me quote- unquote good idea and fine with us, okay, because obviously I wanted to.

H

Check with my neighbors to see if they had any concerns, like you know, the previous applicants.

H

um Had um I've also talked with uh kelly orr she's, the property owner directly across the.

H

Street at 260 oderum point road and she told me today quote unquote: that's absolutely fine with us.

H

I've also had the opportunity to speak with mark mcveigh who's, a property owner down at 330.

H

Odeon point road a couple times with some nice conversations he's a part-time resident up here.

H

Lives down in boston, but we were talking about it because I suggested that he may.

H

Have gotten a letter in the mails in a butter, and he told me well any generator that I would.

H

Have plugged in would be a lot louder than that, so I appreciate you running it by me.

H

So um that said, we'll get into a little bit more of my proposal here.

H

um And I'll tell you what um portsmouth is unique and this property is no different.

H

um It has two very unique features which I've learned about. The first unique feature is that.

H

Nearly the entire structure is located within the 100 foot wetlands buffer, which can prove.

H

Challenging when maintaining improving and renovating a structure to include its building.

H

Envelope and mechanical systems, while also protecting the structure from damage resulting.

H

From storm water, one-off, runoff and collection, I included a map in exhibit one, as you can see here,.

H

From the the city's map geo system, which is pretty cool I'll, have to say, you can actually mark lines.

H

And measure distances, which is actually very helpful during this type of process. But as you.

H

Can see only really the the northeast corner of the house? Roof line is not within that buffer. So.

H

um It's definitely interesting and and a lot of the work that I have planned, you.

H

Know needs to take that into consideration. So that's one of one of the unique features here.

H

um So I um I've heard a little bit about um some people. Ask questions about what about this.

H

Location and what about that location um and I've thought through you know, locations of different.

H

Things I spent a lot of time over there at the house late at night early in the morning and.

H

uh Like I said, there's you know, there's primarily four walls to this house.

H

um And this exhibit number two shows: what's really the the northwest side of the house here.

H

um And uh in the in the driveway in the garage um which is separated from the wetlands by a rock.

H

Retaining raw there's, a small area out london red here um of grass adjacent so that strucks.

H

In the driveway, but the entire portion of that small grass area is within the 100 foot. Wetlands.

H

Buffer and placing a generator that would require a wetlands conditional use permit, but furthermore,.

H

Significant portion of that small grass area is located within 25 feet at the edge of the wetland.

H

And mechanical systems are not permitted and that area per zoning we're in the section 10. uh 1016.

H

Permitted uses subsection six, additionally, the pedestrian door to the garage, as well as the.

H

Windows positioned south of the garage doors along the west wall. The structure do not allow for the.

H

Approximately 60 inches of clearance required when positioning a generator along the edge of.

H

The structure which I learned from my electrician and some code rules. It's a complicate matter, snow.

H

Removal from the driveway into that small grass area would prove problematic to any mechanical.

H

Item positioned anywhere in that small grass area, and I included a photograph here like I said there.

H

Was an air conditioning condenser located there we've since moved that to the other side of the.

H

House, for you know some of the same reasons that I've noted above so then we moved to the.

H

South side of the structure, which has proven to be probably the most problematic part of.

H

The structure because of the storm water runoff problems, but there is a patio and a garden area.

H

There and, like I said it's, it's definitely prone to storm water, runoff and collection. I've included.

H

Some photos there of some of the rains we've had recently and then the after effects of those.

H

um The building envelope adjacent to the grade sustained significant water damage over the.

H

Last 22 years, resulting from years of mishmanaged, stormwater, runoff and collection, the placement of.

H

Any mechanical system, including generator in that area, south of the structure, would not be feasible.

H

Primarily due to the risk of storm water damage, which would also pose a safety risk relating to.

H

Electrocution but secondarily because there are no numerous doors and windows positioned along.

H

The entire south side of the structure, which would prevent a feasible and suitable location.

H

To permanently install generator, like, I said, a couple photographs there for your reference, we.

H

Also had another ac condenser there along that side of the house, and we move that for that.

H

Very same reason: because of the water collection there um onto the east side, which is where we're.

H

Proposing the generator be installed, it's an ideal location. uh There are no doors on the east side.

H

Of the structure and the windows are positioned well above grade. There are no storm water, runoff.

H

Or collection problems on the east side of the structure, the existing electrical meter is affixed.

H

To the east side of the structure, the existing radon pump event are fixed to the east side of.

H

The structure the existing sewer tank is pointed along the east side of the structure, the existing.

H

Lpg tank is buried along the east side of the structure. The new boss, heat pumps are positioned.

H

Along the east side of structures, detail and improved building permit bldg, 22, 1035 and approved.

H

Mechanical permit pmgr 2365.. Furthermore, as you can see, there's uh some very large shrubs there.

H

um And in the spring and summer seasons it would make it nearly impossible to view.

H

Any of the mechanical systems from any vantage point- and I anticipate planting additional shrubs.

H

And fencing is necessary to obscure the proposed generator, which I was told was going to be.

H

Happening by my spouse, so she likes to keep trees and things out of view and and have things be nice.

H

So consequently, these side of the structure is an ideal location for the pros generator.

H

Should be permanently installed, specifically, it's proposed a generator be installed in the northern.

H

Portion of the east side of the structure with recommended clearances from other mechanical.

H

Systems and windows, installation location of the generator will be approximately 60 feet from.

H

Odeon point road and 95 feet from goss point port gosport road, and then I showed on that.

H

Diagram below number five, just some of the exact locations or approximate locations, I should say.

H

With some of the other mechanical equipment and then those distances which I got from.

H

That line measurement system on the city's map geo system- it's fantastic excuse me so, unfortunately,.

H

The second unique feature of the property and structure is that it's considered a corner lot.

H

By the city of portsmouth, therefore, for the zone, engagements 10.515 measurement rules, subsection.

H

10.5151 for a corner lot or through lot, all requirements related to the front yard should.

H

Apply to the principal front yard in all secondary front yards, which I learned shortly after the the.

H

Request was put on hold, so I essentially have two front yards, because my lots of corner lot, which.

H

Can be, you know complicated for matters like this, so, furthermore, the zoning orange measurement rules.

H

Subsection 10 51504 states of power generator less than 36 inches above the ground level, with.

H

A mounting pad now exceeding 10 square feet, it'll be exempt from yard requirements, but set back.

H

At least 10 feet from a property line and shall not be located closer to the street than the.

H

Frontal principal structure, so that's kind of the problem. I have that's why I'm here tonight.

H

So the north and east sides of the structure are considered to be the front of the principal.

H

Structure and the backup electric generator cannot be installed closer to the street.

H

Than the front of the principal structure on the east side of the property here so.

H

um I respectfully, based on that request, this variance.

H

From the terms of the zoning ordinance with regard to the section 10 515 measurement rules in yards.

H

And I respectfully request that we'd be allowed to permanently install backup generator along.

H

The east side of the residence, as referred to, exhibit five, where all the external existing.

H

Mechanical systems and utilities are located based on the above detailed information. The.

H

Justifications provided below in the document that I submitted, I believe um the uh below referenced.

H

Five analysis criteria from section 10, two to three of the zone warrants, have been met.

H

And so I'll talk a little bit about those in detail because it's my understanding, those are.

H

Important so the first one mr mullen, so you know you have one minute left: okay variance will not.

H

Be contrary to the public interest and approved variance installed generated between the structure.

H

And existing shrubs and trees would make it nearly impossible to be a generator for any vantage point,.

H

During spring and summer, furthermore, I anticipate planting additional shrubs and fancy if necessary,.

H

To secure the generator from view in the fall and winter additionally, the january.

H

Is rated for 67 decibels, that's 23 feet and the closest neighbor is 119 gosport road. We talked.

H

About that, before the spirit of the ordinance and approved variance to install the generator.

H

The only feasible location on the east side of the property would satisfy reasonable social.

H

And memorial consensus, the property owner is not installing a generator, the little front yard of the property, we're being construed to disfigure the landscape.

H

And clear violation of the letter of his own insurance, substantial justice will be done and.

H

Approved variance and install the generator would allow the property owner to enjoy full use of the structure in its mechanical system during the power outage, thereby satisfying of.

H

Standard of fairness and allowing a substantial justice to be done, properties would not be.

H

Diminished and approved variance to install the generator will not diminish the values of the.

H

Surrounding properties, values because unlikely anyone not physically located on the property will.

H

See you know hear the generator consequently pass negative judgment regarding values of the surrounding properties. Last one literal enforcement. If the provisions and zoning lines.

H

Were literally enforced, the property owner will be unable to install the generator and operate the.

H

Generator during powder outages, consequently, property owner will be unable to efficiently.

H

Cooling heat structure, which result unnecessary physical and financial hardship, almost perfect.

H

There you are- and I am definitely available to answer any questions or concerns you may have.

H

You're welcome have a good evening. Thank you for your service. I appreciate it.

A

Is there anyone here to speak in opposition to this petition.

A

Is there anyone here to speak, two for or against this petition.

A

In that case, I will close the public hearing. Yes, madam chairman, I'd like to make a motion.

C

To approve the request as presented: okay, is there a second second? Okay, thank you. Would.

A

You like to speak to your motion, um sure you did a very good job, very good job.

C

The applicant has gone through hey painstaking process to find another location for this.

C

Condenser uh and presented great reasons why it can't be located.

C

Anyplace else, the best reason it's in the uh wetlands protection zone.

C

And this property, like every property, that's in a corner in portsmouth, suffers from a hardship.

C

In fact- and I understand the city's motivation for doing it, but if the address is already on.

C

Point road, that's the front of the house, regardless of what's on the side, whether.

C

It's another road, another house, that's the front of the house. um So in any event,.

C

He he's located this proposed generator exactly where reason and logic says it should be along.

C

With all the other existing systems to the house, it's actually farther away from gosport road.

C

Than it is from audium point road um so to the criteria.

C

Dot two one granting the variance would not be contrary to public interest. It would not.

C

um The public would barely see it and if the applicant holds true to the word, they'll be more.

C

Shrubby around it, so the public won't even notice. It's there um granting the variants.

C

Would observe the spirit of or the ordinance yes, it would uh anybody who wants to make a.

C

Change like this, which for the house is on audio and point road. A generator is probably a very good.

C

Idea, uh granting the variance would do substantial justice. Yes, it would, owing to the hardship.

C

um That's two three, two four granting the variants would not diminish the values of the other.

C

Properties, um I couldn't see how it would diminish the prop. You know the other properties, if anything.

C

It would increase them because this property is going to be worth more and lastly, 10.23 .25 little.

C

Enforcement of the provisions of the ordinance will result in an unnecessary hardship. Yes, it.

C

Would uh like I said um in my estimation, your hardship is the fact that you have a corner lot.

C

um You've already gone through the due diligence which which a lot of applicants.

C

Would do showing that the other locations that we might come up with are just bad ideas.

C

um So, for all those reasons um I made the motion and will support the variants.

A

Mr madsen june, anything to add yes um yeah. The applicant makes a compelling case uh and I think.

E

In addition to being a corner lot, which, uh if it weren't uh this applicant, wouldn't even do the.

E

Variance because it is actually on the side of the house, but there is also uh the wetlands.

E

Effectless property and the actual the size of the property. uh This uh generator will be quite.

E

Far from any neighbors and either of the streets and noise will not be an issue, so I support this.

A

There's been any discussion before we vote on this. I do have some experience with this.

B

Generator and the noise is very minimal. I almost guarantee you'll find yourself going.

B

Out there for the first few weeks to see if it's running through its test cycle, because you will.

B

Not hear it, and neither will your neighbors better him than ever so nobody's gonna hear it.

A

Oh yes, vote allows the generator. Mr mantle, yes, mr mcdonald, yes.

A

Mr rossi, yes, mr madsen, yes and the chair vets. Yes, you are approved.

A

A

The next item of business is the request of the black heritage trail of new hampshire.

A

Owner for property located at 222 court street, whereas relief is needed to install one 24 by 28.

A

Foot mural and one three by two foot sign which requires the following: one: variance from section.

A

10.1251.10 to allow aggregate sign area of 686 square feet where 36 feet is allowed two variance.

A

From section 10.125 1.20 to allow max area for individual sine of 678, where 16 square feet is.

A

Allowed and three variance from section 10.1242 to allow more than one sign on building facing.

A

The street and four variants from section 10.1271 to a lesson, allow a sign on the side of a building.

A

That is not facing a street said: property is located on assessor map, 116 lot 33 and lies within.

A

The character district 4-l1 in historic, district lu23-12 m. Is there anyone to speak to this? Yes,.

I

My name is barbara ward. I live at 16 nixon park in portsmouth and I work at the black heritage.

I

Trail of new hampshire, as the senior grant writer and uh coordinator of special projects.

I

um Located at 222 court street in portsmouth um we were I I wanted to explain a little bit of the.

I

Background here, um the uh in the summer of 2021, we first became aware of the plans of the non-profit.

I

Organization, the friends of ruth blay, to promote the installation of murals throughout the city.

I

To bring awareness of the lives of some of the prominent women of portsmouth storied history.

I

And one of the women on the list that they had had created for the history through art project.

I

um Was ona judge staines, and this is a historical figure of tremendous importance for portsmouth.

I

And to us at the black heritage trail, and so we immediately responded to the friends of.

I

Ruth blay that we were interested in um in being the site for a mural honoring on a judge, stains.

I

Since those initial discussions, the black heritage trail of new hampshire, has been focusing on.

I

Further study of the 222 court street building, including a preservation assessment and because.

I

Of my background in historic preservation, I've been taking the lead on that for the organization.

I

Architectural historian may williams architect, tracy kozak and preservation masonry specialist.

I

John wasstrom were enlisted as a team to conduct the preservation assessment and, at this time, their.

I

Work is nearly complete. Actually, it has been submitted to the new hampshire preservation.

I

Alliance and we're just awaiting their response to the the draft and then to come up with the.

I

Final report, the conclusion is that the building was built sometime between 1797 and 1819 and that.

I

The west brick facade was probably added to the building in response to fire damage during the.

I

1813 fire that fire actually originated directly across street and luckily for our building, it.

I

Spread to the north and the east and the building was largely spared, although may williams did find.

I

Evidence in the roof timbers of charring that indicates that there was at least some fire.

I

Damage we believe that the west brick facade was was actually added as a as a firewall in.

I

Essence to the building and it's not integral to the building in the way most brook walls would be.

I

um Our chose the the it's of a type of brick that was meant to be painted originally, and I you can't.

I

Really see it too well in the photograph here, but it does show evidence of many layers of paint and.

I

So, being a preservationist, it's really important to me and also to the people on the team that that.

I

Paint evidence be protected, so one of the things that we will be doing is actually painting the.

I

Over that, in order to protect those layers of early paint and we're working right now on the.

I

Final uh specifications for the type of the paint that type of paint that really needs to be used.

I

And john wasstrom for those of you who know him, you know he's painstaking in his desire to do.

I

Absolutely only what is a period correct and is best for for the brick and so we're working very.

I

Closely with him on what we could poss, you know the best possible way to to treat the building.

I

And then the proposed mural would be put there, be a protective layer between that paint that.

I

We put on and then the mural itself, so that the mural could be removed or cleaned at a later date.

I

um I don't know many of you probably have questions about own a judge stains owner.

I

Judge stains it was born enslaved. She was held in bondage by martha washington. She.

I

Was martha washington seamstress and she was a skilled seamstress.

I

She was the daughter of martha washington's personal enslaved servant and she traveled.

I

With the washington family to philadelphia during george washington's presidency, returning home to.

I

Mount vernon just often enough to subvert the pennsylvania laws that allowed any enslaved.

I

Person resident in the state for six months to obtain their freedom, and so the washington's.

I

Would systematically send their enslaved people back to mount vernon just shy of six months and.

I

Then have them stay in wa in virginia for a while and then come back to philadelphia.

I

While in philadelphia I own, it became acquainted with many free black residents of the city of.

I

Philadelphia and it was they, according to her later statement to the granite state friedman, a.

I

An abolitionist newspaper that was printed in new hampshire, she explained that they helped her to.

I

Escape to freedom, and then I included a quotation on what exactly happened. um Ona was actually she.

I

Didn't tell anyone who the captain was, who had given her safe passage to portsmouth until after.

I

He died, his name was captain john bowles and she had been here in portsmouth for several months. We.

I

Think before she was recognized by elizabeth langdon, the uh the governor's daughter who.

I

Had met her and had seen her because she was so closely associated to martha washington, the the.

I

Washington's tried several ways to entice ona to go back to enslavement and she steadfastly.

I

Refused and it's inter they're interesting um bits of information which make it quite clear.

I

That the residents of portsmouth knew very well where she was when she went to greenland.

I

And protected her for the rest of her life and she lived free for the rest of her life.

I

um Her story is really one of immense courage, and it tells us that the strength of the free.

I

Black community, it tells us of the soul of the portsmouth community in the late 18th century.

I

As well in early 19th century, and we feel that this is an important as with the the ruth blay.

I

um The friends of ruth play their concept for these murals is to create a legacy for portsmouth.

I

And have this be in association with the 400th anniversary? We are actually probably going to be.

I

The the only applicant to create a mural this year, but, as you know, the friends of ruth blay.

I

Were granted a variance for their sign also on court street honoring, uh the life of ruth play.

I

um So the proposal, the proposed little quick location of the mural, is not on a wall with.

I

A street frontage we have asked, however, for a sign on the street frontage that would provide.

I

Historical background on the mural we didn't want because it is on our neighbor's driveway. We didn't.

I

Want people to walk into onto their driveway and stand there reading the sign. We have spoken. I've.

I

Spoken personally with our neighbors and john beer and beth norton live in the condominium.

I

Unit that would look directly at this and I have not spoken to beth actually, but I did speak to.

I

John- and he was very excited about it- he thought it would be wonderful and really add to he felt it.

I

Would add to his property value, in fact, because it would be a significant work of art, they're.

I

Very artistic family and mark hubbard, who who is lives in the other unit that would not directly.

I

Face this his unit, though I did have a picture in the powerpoint which would sort of show the view.

I

That he might have from his yard, at any rate or from the um from the driveway, and we had a long.

I

Conversation about it, he was very you, know very positive about it, and we've assured both of them.

I

That we want to work here closely with them as the as a mural is. It goes up and the final, the final.

I

um Plans are made right now, as you see it, this is still a very uh preliminary drawing.

I

Where we are planning we're going to, we have a model in mind and we have a plan to go and.

I

Look at historic costume to make sure that we have the right thing with historic, new england.

I

um So we think it's an exciting project. I hope you think it was an exciting project. I sort of look at.

I

It as court street becoming and an arts corridor because of the other public art on the street and.

I

um It's it's unusual in portsmouth and personally I would love to see. Portsmouth have some wonderful.

I

Public art, um I think that I don't know if I need to go through all these criteria again.

I

Or if I even have time to do so, but I will just just time so, yes, okay, um we feel that the spirit.

I

Of the ordinance is observed because it's an eclectic, mixed-use, neighborhood, surrounded by.

I

Office, retail, municipal and residential uses we're two doors down from the fire department.

I

There's a variety of signage, graphics, statues and memorials in the immediate area. The fire station.

I

And the african bearing ground memorials are two examples: it enhances the character of the city.

I

By promoting its rich history and its location is not on street frontage and does not create a.

I

Hazard or a serious distraction, I hope it has the distraction of teaching people some history, but.

I

There's no obvious harm to the public. There would be a benefit to the public due to the educational.

I

Components of the mural there would be a benefit to the public, because the mural will be a.

I

Significant work of art designed and installed by a new hampshire artist, who has done other murals.

I

Throughout the state, this is a and the values of surrounding properties are not diminished. This.

I

Is a mixed-use neighborhood with an abundance of signage, colorful, graphics, statues, memorials, etc.

I

The addition of this mural into the neighborhood context would not alter a diminished property.

I

Values within the surrounding neighborhood we've been in contact with the residents of the house.

I

Next door, I um who I just mentioned specifically the people that directly face the mural and they.

I

Are positive about the mural project and the people who will be looking at it directly are.

I

Really actually very excited about it and believe that will enhance the value of their property.

I

um A literal enforcement of the ordinance would result in unnecessary hardship. This is because of.

I

The special conditions of the property distinguish it from other properties in the area there is.

I

No fair and substantial relationship between the general public person, purpose of the ordinance and.

I

The provision and the specific application of the prop provision to the property and the proposed.

I

Use is a reasonable one. Alternately, unnecessary hardship means owing to special conditions. The.

I

Property that distinguish it from other properties in the area of property cannot be be reasonably.

I

Used in strict conformance with the ordinance, the building location between two residential.

I

Buildings means that observers passers-by would only encounter the murals they come within about.

I

30 feet of the building, the purpose of the mural is to be viewed and to be comprehensible from the.

I

Public way, due to the west facade's proximity to the abutters driveway, all texts describing the.

I

Significance of the mural we propose to include on a small two by three foot sign to be placed on the.

I

Front uh or the north facade of the building adjacent to the current sign identifying the.

I

Building as the headquarters, the black heritage trail of new hampshire, the small sign identifying.

I

The original date of the building we wish to remove because it's in incorrect- and so this.

I

Would essentially be in similar location to where that would be. That has been the rate of travel on.

I

Court street is relatively slow. The mural will not create a hazard. In fact I it may help by slowing.

I

Traffic, a bit as people come around the corner. This coming from those of us on the staff who.

I

Try to back out of the driveway every day. We know that sometimes people come around rather quickly.

I

The proposed mirror will be a significant addition to the public art within the city.

I

Of portsmouth and will be harmonious with other examples of public art on court street, including.

I

Public sculpture at the fire station, the african bearing ground memorial park, as well as the mural.

I

Honoring ruth play, and it will continue that history through art theme on on court street.

I

It will also become a significant part of the legacy and commemoration of portsmouth's 400th.

C

um So the small sign, the three by two sign, is the one: that's going to the right hand, side of.

C

The front door correct as you're walking out as opposed to the left-hand side, actually yeah it'll.

I

Be it'll be to the left, that's the 3.2 sign, that's the one that will be the one that will describe.

I

The white square would be the one that has the information on the mural and then that.

I

Is the current location of our black heritage trail sign which we would move? Okay? So the new.

C

Sign is where the old sign was, and that will have the information for the mural.

C

Okay and that's three by two yeah and.

C

I do like the design of the mirror, but that's preliminary. It's going to be filled in correct.

I

Oh yes, yes, actually, it's leaves a lot to the imagination, as it is right now, but there'll be.

C

No advertisement anything on the mural, no it'll all be on that I'll, be on the sign on the front.

C

Okay uh and the sign on the front will also have the logo of history through art, yeah on.

I

It so that you'll connect it, but we rather than putting it on the side. Okay, but, as I said, the.

C

Mural will have nothing as far as advertisement on his name. Nothing it'll just be a mural. Yes,.

C

Fine. Thank you another question. Yes um often, the the hardship criterion is the most difficult.

B

One to put into words, but it starts off with the concept that the property is burdened by.

B

A restriction in a manner that's distinct from other, similarly situated properties. What is it.

B

About this property that makes it different uh in a way that's relevant to this application.

B

Compared to the surrounding properties, because I went and looked at it and you know it drive.

B

Back by their line, of course, but couldn't quite put my finger on it, what would you say.

I

Well, I would say that it is a it's a it's a building that is an office, but.

I

It is, we are between because we're in a mixed-use residential area. We are between.

I

Between residences and that can that causes some issues relative to um to the to the business, but.

I

um You're right, this is a difficult one to put into to words, because it's it because of the the.

I

um Because of the the size of the lot, we don't have a lot of. We don't have a lot of options. There.

B

That's actually in favor of you know, I mean that's the kind of thing that is actually kind of helpful.

B

um Okay, I need to think about that one a little bit I I have an idea, but I need to let it marinate.

A

Any other questions I do have a question and on in figure three in here, which is a couple.

A

Of students back it says the mural probably would be installed on the front lower quarter.

A

Of the facade lower right in this photo, and yet when you go to the next one, it's clearly taking.

A

Up the over the next picture, wherever yeah it's much opening up the entire wall, so that's that's.

I

The entire that's my mistake because, as stephanie knows, it was kind of a two-step process and and.

I

Yeah, okay and submitting the application I assumed it was the whole wall, but I just wanted to clarify.

A

That yeah full wall looks great, oh that's, yeah and the whole wall is the 686 feet. I mean it.

I

um You can see in the next slide, roughly how it, um if you keep going it's roughly.

I

It's it's a little bit above the ground level and it stops right at the eaves yeah. But I guess what.

B

I'm asking is the wording of the variance request accurate to the intention, or was it based on the.

B

Misstatement that it's it's a misstatement based on the two-step process of sending it.

I

In so it's 686 feet the right number. Yes, yes did you, you corrected it right. There was some yeah.

I

I had it first had a it's a long yeah as long as this is correct. This is correct. Yes, mr mcdonald,.

F

um Thank you for your presentation. uh We have other examples of public art uh similar in.

F

Kind to this, the one that's jumping to mind right now is uh the wailing wall.

F

um Which, which was painted, um if I years ago and was breathtaking when it was first finished,.

F

And suffered over its lifetime from exposure to the elements and the weather in all in new england,.

F

And so my takeaway from that is, you can't have one of these that becomes an orphan with nobody.

F

Responsible for it, so I'd like to know who is going to maintain it, treat it coat it repair. It.

F

And where the funding for that going to come from the black heritage trail of new hampshire, both.

F

Cases we're extremely dedicated to to maintaining it, but understanding that in the in the far future.

I

Someone may want to remove it. We are also trying to protect the brick underneath so that removal.

I

Would not damage anything and that that is you know if a hundred years from now uh that became an.

I

Issue that that could be that could be taken care of, but the black heritage trail of new hampshire.

I

Has no intention of moving we're dedicated to this building and extremely emotionally dedicated to.

I

The story of on a judge and the importance of the story about a judge and so absolutely thank you.

A

Further discussion for the questions, okay, thank you.

A

So public health- I'm sorry there has been nobody. I am so sorry is there anyone here to speak in.

A

Favor of this petition is there anyone here to speak in opposition to this petition.

A

Is there anyone here to speak to for or against this petition.

A

Okay, public hearing is closed. Thank you guys. Yes, mr man,.

C

Not going to make a motion right now uh uh to mr mcdonald's point: the wailing wall, which was great.

C

My daughter took part in painting it. um The deterioration of that wall lies with the city.

C

Sorry, the um they call up the artist he said, use this sealer. I said he said that's too expensive.

C

City use the cheaper sealer and then they called up the artist back to fix it. He said no, oh well,.

C

um My other point here is: I have no problem with the front of the house. The signs whatever.

C

Since the mural, unlike the murals, say at.

C

I forget the name: the italian restaurant's on the corner, just kind of yeah, which is an advertisement.

C

Because of what's depicted in the mural is in the store, and that was the argument.

C

There right and I get that argument- don't necessarily agree with it, but.

C

I get it, this is not an advertisement of anything it's art and when I skip through.

C

The zoning ordinance because it said in the application, a mural, is defined as a sign.

C

In the zoning ordinance in the zoning ordinance, there's no mention of mural.

C

Or painting or anything does say advertisement quite a bit and since this has no advertisement.

C

I don't consider it a mirror, I don't consider it a sign, you know. So if someone.

C

Want to make a motion look for the hardship, the hardship's, the zoning ordinance. In my opinion,.

C

That's all we did approve the ruth blay mural under the same circumstances and.

C

Yeah, I have a hard prime hard time with a mural that has no advertisement no names, no lettering.

C

It's just artwork on a wall to be called a sign and to fall under the sign. Zoning ordinance.

C

We don't have a mural zoning orange, so I don't know if we have an artwork zoning ordinance, but.

C

You know if, underneath it said, you know, this is on a judge and gave a big caption so and so, okay.

C

You could construe that as an advertisement and especially if it says, go down the street.

C

Five, you know, you know 50 yards and visit, you know thing admission is whatever whatever, but straight.

C

Artwork on a wall, that's a mural, it's not a sign in my opinion, but just throwing it out there. Okay,.

A

Okay, there's no excuse me, there's no writing on the other mural either is there and the ruth.

B

Yeah, you have to come up barbara yeah, I'm sorry come up.

I

uh Coin, I gave you a show the ruth blade mural at the beginning. They they had applied for.

I

um In their application, they indicated the size of the signs with the writing.

I

um And then the image of ruth blay as separate signs, but ruth blay was still considered a sign.

A

Because there's nothing else, we can call it yeah. Well and that's. My understanding is that there.

I

Is some talk about having a ordinance related to murals but yeah? uh It hasn't happened. Yeah.

A

It's an ongoing goal, yeah yeah, so so, if it weren't for the mural, you wouldn't be here.

C

Because the three times two sign is permitted, huh I appreciate your your uh acknowledgment that it.

I

Is the the ordinance that's the hardship on this? I don't know you can't use. You can't show that I'm.

J

I'm the name is of the powerpoint there's a lot on here. Oh it, it says um own, a judge, dane's mural,.

J

Powerpoint, it doesn't look like uh oh there. She is okay.

J

Give me one second to pull it up.

C

See how we consider this in the same vein as so walking down series street and seeing shark tooth.

A

Okay, okay yeah! This word yes, oh, uh this is just shows the ruth blame mural and one thing we were.

I

Aware of we could see is that, particularly when there was snow on the ground, you could.

I

Tell people were stomping over the bushes to read it, and we just felt that we didn't want.

I

The right driveway, a private driveway, yeah, okay, yeah.

B

I'm actually happy there's no writing on it. Yeah it makes sense yeah. We wanted it with no.

A

Writing tonight, so it makes it artwork and it would seem that the conditions that led to the.

E

Approval of the replay, the hardship uh would be similar to the current application. Yes, perhaps.

B

My concern is a little bit different from yours is once we approve a sign of that size.

B

Black heritage trail of new hampshire is the current property owner. They won't be.

B

The property owner forever, because forever is a really really long time.

B

And at some point, when they're, you know that the variance stays with the property and, at some point.

B

uh It may not be public artwork, it may be a giant molar advertising, a dental shop or a political.

B

Slogan uh in support of some uh political campaign or something else, whoever else owns the building.

B

And I think that puts a completely different character on what we're being asked to approve.

A

Yeah, so just as a reminder what's presented is what you're approving if the content all right.

J

I'm sorry if, if the design were to change that would need to come before this board,.

J

So you know the the mock-up, that's why we we asked for the mock-up so that you could see.

J

Generally, what it's going to be, um I did put a um possible stipulation in.

J

The uh memo so that you know it should the costume change. Should the general.

J

um Small details, change um you'd be allowed to do that, but what is presented is what you.

J

Would be approving um they couldn't change that without coming back before the board.

B

Good, um that's fine I'd like to take a shot at this, so I would make a motion to approve the.

B

To approve the variance application with a stipulation that the.

B

Sign would be a artistic image only of own a judge and would not.

B

Be altered for any other purpose. Is there a second second? Okay? Mr mantle? Thank you please, mr rusty. I.

B

Think the variance taking the first two criteria, not contrary to the public interest and the spirit.

B

Of the ordinance is observed, the ordinance actually in this zone allows for uh is by.

B

Is permitted use of for a museum and, in essence, what the black heritage trail of new hampshire is.

B

Doing is creating a free to the public art display that I would consider to be akin to an open access.

B

Museum for anyone to to see- and I would say that is consistent with the spirit of the ordinance.

B

Substantial justice is done, there's a there's, no loss to the public. You can.

B

Make a very compelling case that this is an enrichment for the public and so there's no.

B

Gain to be had by the owners of the property that is outweighed by a loss to the public.

B

The values of the surrounding properties would not be diminished. I think it's good that there's been.

B

Discussion with the butter, there seems to be no objection to the mural, and the butter would be the.

B

In a position to make an objection if they thought that there was an impact on their property values,.

B

I take the absence of any public comment of that nature to be support for the.

B

Idea that will not have a negative impact on the surrounding property.

B

When it comes to the hardship of the property, I think the special condition of the property.

B

Is that it does contain this one brick wall that was placed there at some time.

B

In in history, and that the wall needs to be preserved by applying a coat of paint anyway,.

B

And therefore making an artistic use of it is very consistent and it is a unique aspect of.

B

This property that it needs to have paint on the wall in order to preserve it. So I think that is.

B

The special condition that justifies the use in this manner- and that is it that's my motion.

C

um Mr rossi stated quite clearly I'm glad you added the stipulation.

C

Concentrating on a mural is not a sign. I didn't realize somebody could change the mirror right.

C

uh But what you just said in regards to the brick, uh I'm not gonna, add a stipulation. I would advise.

C

You, since you're, going to be doing this and you're going to find a lot of paint on brick. Experts in.

C

This town, especially good bad or indifferent, uh whatever you do with it, make sure that.

C

You once the mural is completed that you apply something on top of it.

C

So that it can be easily cleaned when it's vandalized.

C

um Just like mr rossi anticipated somebody changing it, I'm anticipating somebody not liking. It.

C

um But I will support the motion wholeheartedly.

A

Yeah, I guess I would just add uh in relation to this brick wall. It is interesting and unique. The.

E

History of the property and because of the fire that changed uh that whole area and uh it released.

E

These unique conditions that we've arrived at that makes this an ideal uh wall for a mural.

A

I would say I'm also in favor of this.

A

I thought the motion was very well put in terms of the outdoor museum. That's.

A

That was yes, and also. We know that this is an ongoing interest of the city. This.

A

Is an ongoing project and I think it's very much within the spirit of the ordinance so.

A

If anyone have anything to add okay, then a yes vote means that we will get a new piece of art.

A

In town, so mr mantle- yes, mr mcdonald, yes, mr rossi, yes, mr matson, yes and the chair votes. Yes, okay,.

A

That's it, madam chairman. Yes, what are you going to.

A

Say: motion towards your room? Okay, thank you all in favor, aye, aye! Okay, thank you.