City of Portsmouth, New Hampshire Board of Adjustment, 24 May 2022

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5.24.2022 Board of Adjustment

A

Good evening, everyone welcome the second and final meeting of the board of adjustment for.

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The month of may, as usual, we have a pretty firm and pretty full excuse me agenda this evening.

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Just before we start I'll briefly go over the ground rules by which we will proceed, the each.

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Topic will be read as to what it consists of the official, in other words, the official announcement.

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And then whoever is presenting, it will be invited to come up and speak to the board for 15 minutes.

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If that's not sufficient, we ask that before the speaker starts that he or she asks for an.

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Additional five minutes and the board will vote that request up or down at that time.

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Following the presentation and questions, if any from the board we'll invite people who are in.

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Favor of the project to speak for five minutes, followed by people in opposition to the request.

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For five minutes and then lastly, a call to for or against for speakers without.

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Time limitation, but we ask obviously that any such speakers in that uh frame uh speak.

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uh Succinctly as possible so and people who have spoken previously can come up again if they so.

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Including the applicant, if they so choose, so that's how we're going to proceed now we have one.

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Under one item, excuse me under all business and 10 items under new business, one of which is a request.

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To postpone, I can find it here there we are, mr chairman, yes, mr mantle I'd like to take item h.

B

The requests of jolson john and marielle chambers for 108 burkitt street for the request to postpone.

B

Thank you, you anticipated my request. Good. uh Is there a second to that motion to postpone that one.

C

Second, thank you. Anybody have any on the board. Have any comments with respect to burkitt street.

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Being postponed at the request of the applicant, obviously no okay, those in favor, please say aye.

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Aye any opposed non-opposed. Thank you pass unanimously. Okay. That brings us to the first.

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Item on the agenda, as I said, there's only one item under old business and it reads as follows:.

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The request of pamela j, cath's revocable trust owner for property located at 462, lincoln avenue.

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Units four, whereas relief is needed to install a generator which requires the following.

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One a variance from section 10.515 to allow a six-foot setback where 10 feet is required.

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And to allow the generator to be closer to the street than the principal structure said.

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Property is located on assessment 133 as lot 20-4 and lies within the general residence. A gra.

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District who presents this request to the board police? Please come up and we ask each speaker.

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To clearly state your name and your address, if you would please so we'll have a complete record.

D

Hi, my name is chris adams, and my address is two goss road in northampton.

D

uh Good evening to members of the board, my name is chris adams. I'd like to apologize.

D

For not being here last week, I didn't know that I needed to present this in person not.

A

A problem, thank you for the postponement and also thank you to peter stiff for helping me prepare.

D

This application, I'm here to request a variance from my mother's property at 462, lincoln, have.

D

To install a generator, my mother has unfortunately started requiring oxygen 24 hours a day due.

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To emphysema so having an instant on generator will alleviate her fears of being without power.

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To run the oxygen machine during the day, and while she sleeps as a resident of portsmouth,.

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On lincoln ave for over 20 years, my mother is very comfortable in her home and with the people in her.

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Community in her neighborhood she's grown very close with her neighbors. Several of them offer.

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Support to her when she's in need approximately five years ago, my mother and stepfather put an.

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Addition on that property to plan for the future, including a room that would become.

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A first floor bedroom to assist them as they aged. Unfortunately, my stepfather passed away last year.

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And since then, I've been helping my mother to make additional changes to the property.

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For her to remain there as long as possible, these changes include a stair lift moving her into.

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That first floor bedroom, as well as rearranging countless pieces of heavy furniture at least twice.

D

The generator will be a very positive change to allow her the freedom to remain in her home.

D

This property is on the corner of lincoln and union, as shown in the plot plan.

D

And the generator will be located inside the fence on the property.

D

Six feet from the sidewalk on union and 16 feet from the sidewalk on lincoln.

A

I hope you've had a chance to look over the five criteria that we vote upon. uh If you could.

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Touch on those five items, that would be very helpful. Yes, I have um them in the application.

D

So about 21 variants, not being contrary to public interest.

D

So due the minimal nature of the change to the property.

D

I would not think there would be any change to the public interest. The size of the generator is.

D

uh 46 by 26 by 28. uh it'll, be in the same area of the yard as existing mechanical equipment.

D

Air conditioning condensers, the generator, should be silent when the standby mode and.

D

Only 65 to 68 db, a when in use my understanding is also there's a weekly.

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Startup for about 15 to 20 minutes to charge the battery as well.

D

22, the spirit of the ordinance will be observed.

D

So most of these uh use of land, buildings and structures for business has no impact number two.

D

Intensity and land use lot sizes, no impact design facilities for particular access. There's no impact.

D

uh Impact of properties on outdoor lighting and noise, um so noise is the only potential impact.

D

The generate could have um the there aren't that many power losses in the city in the.

D

Area she lives in, so I would think that would be a small impact and I would think that this.

D

Jazz generator would be quieter than temporary rollout generators that residents frequently use.

D

As for the preservation and enhancement of the visual environment, again the generator.

D

Is minimal size and my mother is a an avid gardener, still with very large gardens on.

D

Her property and likely she will be doing her best to hide the generator as well on her own.

D

It's the building is not in the historic district and for protection of natural.

D

Resources minimal impact the device is likely more efficient than a temporary gas power generator.

D

Dot 23 substantial justice by granting the variance justice will be done. The spirit in.

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The ordinance is maintained and the notion of fairness is upheld. It would seem unfair.

D

For the resident to have to abandon her home of 20 years for the matter of degenerative.

D

Being several feet outside the ordinance rules, property values not being diminished.

D

I would expect this would raise her property value uh having an instant on generator on.

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The property, so I don't believe there will be any diminishment of other properties in the area and.

D

Resulting in unnecessary hardship because the owner's critical reliance on her oxygen machine.

D

Not being unable to install a janitor would be a hardship for her.

D

Her desire is to remain in the home as long as possible.

D

And that's what I have very good. Thank you any questions from the board at this point. Anybody at.

A

All mr mantle, no, no okay, great mr lee! So did you say that the generator when it's running is about.

E

65 decibels, yeah according to the documentation I found it was 65 to 68 when it's in full use. Okay,.

D

Thanks, okay, any anybody else, any other questions. No. Thank you very much. Is anyone president who.

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Would like to speak in advan and support anybody support anybody. Speakers no apparently not.

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Anybody president, who would like to speak in opposition anyone in opposition anybody to for.

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Or against last call and I'll just check on the zoom with mr smith, nobody, nobody! Thank you. Okay,.

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Last call for speakers, apparently none will close the public hearing.

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Okay board: what is your pleasure on this first piece of business.

E

Well, mr chair, this is a seems like a pretty benign request. I'd be prepared.

E

To make a motion to approve, thank you. Is there a second to that? Second? Second, mr mantle. Thank you.

A

Mr lee, your motion well I'll, take the first two criteria in order: the variance.

E

Is not contrary to the public interest and the spirit of the ordinance is observed.

E

The use of it is not in conflict with any of the explicit or implicit purposes of the ordinance.

E

And it doesn't alter the essential care to the neighborhood or threaten any public health safety.

E

Welfare or anything of that nature, substantial justice is be done because the benefit to the.

E

Applicant does not outweigh any harm to the general public and, as the applicant said, having.

E

An instant owned generator would not in any way detract from the value of surrounding properties.

E

And number five literal enforcement, the ordinance would result in unnecessary hardship.

E

In this case, the hardship would be the medical condition of the resident there and.

E

There's no fair and substantial relationship between the general.

E

Public purposes of the ordinance and the application of this property just.

E

For a comparison, normal conversations about 60 decibels, so if this generator operating is at 65.

E

Decibels, I doubt if you're standing, two blocks down the road you can. You couldn't hear it so.

E

You know no noise problem there. So uh for those reasons I would move that.

E

We accept this uh approve this application as presented and advertised. Thank you very.

A

Much mr manley, a second um everything mr lee said it's a generator for use in case of emergency.

B

I drove by the property today, I'm familiar with the townhouses. It's an enclosed, fenced.

B

Wrought iron fence garden and has the permission of the association. So for that I will support the.

B

Motion, thank you. Anybody else anything further anything further. We have a motion to approve.

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And last call for comment: none okay thousand we'll go uh down and do a roll call vote on this.

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Miss eldridge yes, ms margerson, yes, mr lee, yes, mr mcdonald, yes, mr mantle and I and I vote. Thank you.

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I vote uh the same yes as well, so you're all set you're approved. Thank you very much. You're welcome.

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Okay, moving that takes care of old business. Moving on to new business item, a.

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Is as follows: the request of joseph ritchie or rissy or whatever you whatever the correct.

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Pronunciation is applicant for property located at 225 banfield road, whereas relief is needed to.

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Demolish existing building an existing building instruct and construct a new five-unit commercial.

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Building and a 60 unit residential building with underground parking, which requires the following.

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One, it varies from section 10.5 to 1 to allow a 45 foot front yard, where 70 feet is required to.

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A variance from section 10.440 to allow a 60 unit residential building where residential uses are.

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Not permitted in the industrial district said: property is located on assessor map 254 as lot 1.

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And map 266 as lot 1 and lies within the industrial district who speaks in favor, please.

F

uh Good evening, mr chair and members of the board, I'm chris mulligan from bozeman associates here.

F

In portsmouth, on behalf of jrdev llc, here with me, is john richie, the principal of jrdev, and also the.

F

Principal of ritchie construction, also with us in the back of the room, is greg micheleitis. The.

F

Consulting engineer on this project, our proposal before you tonight is one in which we propose.

F

To merge two contiguous lots on banfield road. One of those lots already has a non-conforming.

F

Commercial building on it, that is the current headquarters of ridgid construction, richie.

F

Construction is a local construction company. That's been in business for 87 years, mr richie's.

F

Son is the fourth generation owner of the business, so this is a well-established local outfit.

F

One lot already has a non-conforming commercial building on it. One lot is vacant and undeveloped.

F

Together, if these are merged, we will have almost 10 acres on which we propose to place a new.

F

Five-Unit, commercial building, which will be the new home of richie construction.

F

And a 60 unit residential apartment building in the rear. I think it's important to note that the.

F

Existing industrial and commercial usage of the property will remain intact. With this proposal.

F

There will still be a commercial and industrial presence at the front of the property.

F

And uh the um the introduction of the new component is obviously the 60 unit apartment.

F

Building that we're requesting uh approval for tonight a couple of unique things about this.

F

Property, I think, first of all, it's relatively large. It's almost 10 acres when combined. It has.

F

Frontage in two discontinuous spots, along banfield road there's, a fair amount of wetlands.

F

In the western part and the rear part of the property there's a fair amount of ledge on the.

F

Property, these things push the developable area towards the east and towards banfield.

F

Road, which is where you see the proposed improvements on the plans that we've submitted.

F

The other thing is the surrounding uses in the vicinity are a mix of residential and commercial.

F

There's a relatively new residential subdivision across banfield road from this property.

F

There's residential uses on the western side of the property and then there's commercial uses.

F

On the other, the eastern side, you've got pike industries and then there's a commercial building.

F

With frontage on banfield road, so in many ways this property is part of a transitionary.

F

Or is is appropriately located to to be a transition from.

F

Primarily residential to primarily commercial, and what we're proposing um is a little bit of both.

F

There's also a unique situation with this property. um I mentioned uh richie construction.

F

Has been a long time fixture in portsmouth, I don't think that's a surprise to anyone.

F

But the family has owned this property for um over 60 years. um So that means that there is.

F

Zero acquisition costs um that provides a lot of opportunity um and.

F

What we're gonna talk to you about is using the opportunity we have to meet. What we feel is a.

F

Considerable need in the community. The other thing that is unique to the situation is that.

F

Richie construction will remain a presence on this property. This will be their new headquarters.

F

That means there will be boots on the ground and eyes on the property. So this I think you.

F

Can be confident will be a well run and well maintained facility if it's approved and built.

F

The other preparatory thing I would mention um before I get into the the variance criteria is.

F

There is clearly an issue in the city of portsmouth.

F

Regarding the number of housing units and the cost of those housing units.

F

This has been talked about for years amongst people in the city in 2016, the city council,.

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Created a commission to study and propose solutions to housing.

F

And the housing shortage and what they concluded was the city needed to take some creative.

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Solutions or take some creative steps to find solutions for placing housing in unconventional.

F

Spaces and at unconventional densities and that's what we're proposing tonight.

F

We're not proposing new construction of high-end, u units which would not solve the housing problem.

F

We're increasing the number of housing units but, more importantly, in my opinion, we're increasing.

F

The diversity of types of housing in the city, what we're proposing is a.

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Development that would have roughly half studios and half one bedroom apartments.

F

um The studios would be 500 to 700 square feet. The one bedroom apartments would be 700 to.

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1000 square feet, so these are of relatively modest size um and they would be. We believe.

F

Appropriate and desirable for young professionals and people within the workforce that are.

F

Currently, being squeezed with the cost of housing and rents in the city of portsmouth,.

F

Just a couple of points on certain nomenclature.

F

What what these are not these are not micro units micro units are specifically defined in.

F

Your ordinance to be units of up to, I believe, 400 square feet, so these are a bit larger than that.

F

These are also not affordable, housing or workforce units, as is defined in your ordinance. So if any of.

F

The materials I've submitted or if in any of the the discussion tonight, I use either of those terms.

F

I'm not using the terms, affordable or workforce in the sense that your ordinance contemplates.

F

Providing that type of housing in order to get a density bonus or some other benefit.

F

Which is permitted in certain zones here we are simply seeking a.

F

Use variance for a 60-unit apartment building and the apartments will be studios and one-bedroom.

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Apartments, so they would not qualify as workforce housing under the the ordinance.

F

So that's kind of the the preface of what what we're proposing again. We feel this is a very.

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Important opportunity for the city to add to its housing stock, both the gross numbers of housing.

F

Will be increased but also more significantly. We are proposing to.

F

Create some diversity in the housing stock, a type of housing where it doesn't exist now and.

F

At sizes, and hopefully at costs that will be more affordable and more economical than much of the.

F

Housing that's existing in the city. The other important thing to note is that the property.

F

Abuts to the rear, the community campus, so that is another opportunity we feel to afford the.

F

Ability to have amenities that will be very desirable and useful to residents in very close.

F

Proximity to this development, the plans that we've proposed show that there will be a walking trail.

F

So you can access the community campus facilities and fields directly from the uh the residential.

F

Apartment building that we're proposing so with that said, I would like to just address the.

F

Five criteria necessary to grant the variances.

F

The first two you take together under the maliki glenn decision and that is granted the variance.

F

Will not be contrary to the public interest, nor will it be contrary to the spirit of the ordinance.

F

Here you have to determine that if the variances are granted, the project would not substantially.

F

Alter the characteristics of the neighborhood or threaten the health, safety or welfare of the.

F

Public here we believe those criteria are met, as I stated before, we feel this is a transitionary.

F

Property, where there is a mix of residential and commercial.

F

And industrial uses on either side of it. What we're proposing would contain some.

F

Industrial and commercial use and it would contain some residential use- those are all uses that.

F

Exist in the close proximity of this property, we submitted with our application an aerial.

F

Photo which should be in your packets, which show commercial uses to the east of the property.

F

Pike industries and tbayer, which is a commercial property. The existing richie construction.

F

Commercial property and then to the west. We've got the arnold, residential and the croto residential.

F

Properties so there's there's a mixture of residential and commercial uh throughout the the.

F

Immediate vicinity- and this would be in keeping with that, so it would not change the character.

F

Of the neighborhood health, safety and welfare of the public, we believe would be enhanced.

F

We feel that we would be improving the non-conformity of the existing commercial building.

F

It's currently at about 34 feet from banfield road, we're proposing to push that back to 45.

F

So that is an improvement that makes this more conforming and the.

F

Residential component of the project will provide needed housing at a time.

F

When the city's housing stock is not addressing this particular.

F

Demographic, this is aimed at what we call the quote: missing middle and.

F

This will provide an opportunity for housing for people who are otherwise not able to take.

F

Advantage of portsmouth's market, the property itself is only about three miles from downtown.

F

So it's easily accessible to all of the things that people like about portsmouth. We intend to.

F

Install bike, racks underground parking, a number of amenities that will allow.

F

Residents to take advantage easily and safely of the various amenities that portsmouth has to offer.

F

This is obviously got to go through full site review before it gets approved, so.

F

The health safety and welfare of the public is adequately protected as we move forward.

F

um The next criteria is that the proposed use would not diminish surrounding property values. You.

F

Should have letters of support for this property from at least two of the butters to the property.

F

The industrial use that we're proposing the new building is allowed by wright and it would be.

F

Less non-conforming than the existing building, so a new, more conforming building will only improve.

F

Property values, the residential apartment, building that we're proposing our goal is to attempt to.

F

Tuck that behind the commercial building, so its visibility from banfield road, hopefully will be.

F

Limited I'm sure, as we go through site review, should this project move forward. There will be.

F

Other betterments and improvements that will be required of us in terms of landscaping, etc. So we.

F

Believe that values of surrounding properties will not be negatively affected by what we're proposing.

F

Substantial justice here you have to balance the loss to the applicant.

F

Should the variance be denied against some perceived gain to the general public.

F

Here by right, the amount of development we could do on this property could result in.

F

Another acre of asphalt or concrete and a significant amount of commercial and industrial.

F

Use on this property, we don't believe that's in anyone's best interest and the.

F

The substantial justice in allowing this project to go forward is that it would provide or allow.

F

Us to take advantage of the opportunity that is being presented here. We've got a long-standing.

F

Ownership group that will remain on the property and be able to take care of it.

F

While they're producing a project that addresses a significant problem that the city has identified.

F

And discussed for many many years, then finally unnecessary hardship. Here we don't believe.

F

There's a fair and substantial relationship between the purposes of the ordinance.

F

In their specific application of this property, due to special conditions of the property.

F

The location of the property, it's relatively large size, the fact that it's got two distinct discrete.

F

Frontages that are non-contiguous on banfield road.

F

It's got a fair amount of wetlands and ledge that need to be protected and are not developable.

F

Are all unique characteristics of this property that differentiate it from others? In the.

F

uh In the neighborhood um it has a significant advantage in that it butts the community campus.

F

And the athletic fields and has proximity to those and we can get access to those.

F

So we believe that those are unique characteristics of this property.

F

Such that there's no fair and substantial relationship between the purpose of either the.

F

Front yard setback requirement or the limitation prohibiting residential use on this property and.

F

Their application to this specific parcel- um this is a location that we feel is very suitable for.

F

Multi-Family residential development, the proposed use, is reasonable. The commercial building is.

F

Allowed by right and the residential building is a creative solution to a long-standing problem.

F

By citing residential use in you know, an unorthodox.

F

Location, so we believe that all the criteria for the variances are met um happy to answer any of.

F

Your questions, as I know mr ritchie is, but we really hope that you agree with us that this is.

F

An opportunity um that really has very little downside um and should be approved. Thank you.

A

Any questions from the board at this point miss madison and then miss eldridge. Might you go first.

C

I'm still thinking, I guess my question was going to be.

C

Why is it necessary for you to seek the variance for the distance from the road.

C

Well, because I know it's a large piece of land and I'm wondering if it's wetlands ledge well so.

F

There there is wetlands and ledge to the rear of the property that kind of forces the developable.

F

Area to the front, but we also want to maintain a suitable separation between the commercial use and.

F

The residential use, um so I don't know if there's a specific design criteria that requires that, but.

F

You know, I think our goal is to create some degree of you know: safe and healthy separation.

G

Good evening john richie, excuse me the one of the reasons is: if you look on the right hand,.

G

Side you'll see that uh pink portion. Yes, the further. We move, the commercial building back.

G

The wetlands kind of come in on either side so by going from 35 to 45, it limits our wetland impact.

G

If we were to go to the 70 feet, you'd have a greater wetland impact than what we're.

G

Proposing now, okay, thank you. Thank you. That's miss margerson. Yes, I have a few questions. If I can just.

H

Address them all, certainly absolutely okay, uh so chris just um a couple of questions, the.

H

The exist, the richie headquarters that will be built. Why is that? Industrial, not office.

F

um Well, I believe, the it's not only the richie headquarters, it'll be five units, so there will be.

F

You know warehouse and other industrial uses available to it, um but my understanding is it's.

F

An allowed use in that zone anyway, it it. So I'm just curious as to why this has been industrial.

H

Because it seems like there's just office space on the property good evening, um 25 of the.

G

Proposed 17 500 square feet, twenty five percent will be office, the remainder will be industrial.

G

Warehousing for our business alone, twenty percent of it is just strictly office. The rest is.

G

We manufacture, we fabricate some stuff there, so it's really some of the commercial industrial.

G

Parks, we have a little office in front and we have production warehouse in the back. Okay and what.

H

Will you be manufacturing um and creating what kind of industrial activities have taken place.

G

In the past I would imagine so for our business. We will fabricate some um panels for clean rooms.

G

Basically, you just prefab them on site. We, I would anticipate, you, may see plumbing.

G

Electrical contractors in there that sort of thing: that's what we want to keep it local contractors.

G

That need some space new space, so it would be more commercial industrial, with just a small.

G

Portion of office, and is that the kind of work that you've done on this property previously.

G

We've we've been doing it for 87 years, yes and fabricating some small things on our.

G

Shop limits field time which saves money and we do a lot of pharmaceutical work so.

G

You know fabricating on-site on a pharmaceutical is not preferred. They tend to like you to prefab.

G

It then deliver it and just erect it so, okay, so there will be industrial use on the property.

H

What there's a lot of wetlands on this property? I know that they have found some environmental.

H

Contamination at community campus do you know if any of that is part of this property.

G

Have you done an environmental site assessment on this project? We've not done an environmental site.

G

Assessment, however, we've owned the property for 70 years, so I've got a pretty good idea of what.

G

What is on our property? Okay and then the this is a very significant use, variance from industrial.

H

To residential this property has a lot of unique characteristics. It's got the ledge.

H

It's not the wetlands, it's right next near pike industries, which is a very heavy industrial.

H

Company which an apartment building will be right next to, um I know, there's many ways to rezone a.

H

Property, but why- and I guess maybe there's a question to you chris: why go this route.

H

And not try for a zoning amendment that could go through planning board review. Well, you know.

F

I mean that that is one way to skin the cat. Of course um you know, but I think ultimately.

F

That takes considerably more time, um and you know time is definitely a factor when you're talking.

F

About development projects, um the other thing is, you know if, if a substantial portion of the city.

F

I mean we can't simply spot zone, this particular parcel, um so what we would have to do is is cobble.

F

Together some argument that a substantial amount of the industrial zone should be, you know, should.

F

Allow for this type of use this you know housing use. um I think you actually have more control over.

F

The process, if we request variances, because then they just come to you piece by piece and you can.

F

Make a case-by-case determination as to whether or not it's appropriate, based on the specific.

F

You know characteristics of that property because otherwise we would need to you know, figure out.

F

Where, in the industrial zone, it makes sense- and it won't make sense everywhere, to cite residential.

F

Uses um so you know, I think you know the the short answer is it takes too long to go through.

F

Full bore rezoning, I think the slightly longer answer is it's: it's not as uh beneficial to.

F

The city to take the uh the power away from this board, if we do that, so I just I mean.

H

My concerns are, is that um you know it's sort of hard. I guess in present-day portsmouth to.

H

Think who needs industrial uses? However, you know there are industrial uses going on um clearly.

H

Pike industries is still operating. You know it's hard for me personally as a board member to know.

H

Whether or not this property, whether or not industrial uses, has still have a need.

H

In portsmouth to me, that's a broader question that I guess the city council or the planning board.

H

Could actually answer through a more deliberative process? um So it's it's just a question and that's.

F

A that's a fair point. I mean you definitely don't want to take all of your eggs out of.

F

That basket, but remember we're not you, know we're not abandoning industrial uses on this.

F

Property by any stretch I mean you know, this is a two piece puzzle and a significant piece.

F

Of that puzzle is the commercial building we're putting there so and then my last question will be.

H

What about the rest of this property? Where are you going to put the residential use? Why can't you use.

H

That, for industrial reasons, oh I mean we could I we just don't think it's a as beneficial a use. I.

F

Mean we we don't have the need, or I don't think mr richie perceives the need for that much industrial.

F

Development on this property, but, as I stated we could do that, I mean I got a proposed.

F

F

F

You know, with the amount of.

F

Developable property, that's you know.

F

Available, we could, you know, put a significant amount of industrial and commercial use on it.

F

And we have a proposed plan, which is I'm not going to say it's by right, because I don't.

F

Think we've vetted it um enough to make that determination, but um you know you could have a.

F

Substantial amount of heavy equipment and traffic- and you know very significant use on this property.

F

I think there'd be a lot more wetlands impact if we developed it. That way.

F

But again it's possible. We just don't think it's it's necessary or really desirable, and you know.

F

I think again the opportunity to do something to create some diversity in the city's housing stock.

F

Would be lost if we confined ourselves to that, so you know we're thinking outside the box here and.

F

You know proposing a creative solution to the problem and you know that's that's why.

F

We're doing it okay! Thank you. I appreciate your your answers. I just you know. I don't.

H

I absolutely understand, I think everybody in the city understands needs for this kind of housing.

H

For the diversity for exactly what you're saying, so I totally get that part. So if I can just make.

G

One more comment that chris said on earlier when we were looking at this. The thing I like about.

G

The residential piece is, if, if it's, the variance is granted it's about an acre, less of impervious.

G

That we put out there, I think, if we develop by right, I think it's 60 or 70 000 square feet of.

G

Commercial industrial, a lot more pavement which, which is fine, but we thought with the residential.

G

Component, it fills a need, that's real and again it's less pavement, it's better for the environment,.

G

And I think have a community campus right behind it. We have both of our butter support.

G

And we did bring sewer down the road last fall, so it eliminates septic system for this lot.

G

It allowed the 22 housing units across the street to get off a septic and go and.

G

Sewer and our butter to the east 11 unit when their septic fails, so we've brought sewer down.

G

The road as well for another environmental, positive impact, so I think the residential.

G

Piece reduces the amount of pavement, which I think is a win for everybody. Thank you.

A

Mr mantel, um let's take these one at a time, um I'm assuming the setback is because the.

B

Current richie construction building is going to get demolished and the new one is going to be.

B

More compliant by 10 feet: okay, that's what I thought.

B

Secondly, this is probably for staff as well. You have a.

B

Let me just get to my right map here. Well, I'm looking at the zoning map from beverly.

B

Hill road, all the way down the constitution, that side of the street is all zone. Industrial, correct.

B

According to the zoning map, yet we have.

B

Three residences and a school, so I'm assuming that all of those places, even though it's.

B

All zone industrial went to this board and got variances, especially the school. The school did.

C

Get approvals I can't speak to the residences may have been there before I mean it may be.

C

Non-Conforming yeah, but I don't believe any of the residences predate the zoning. So um okay.

B

That being said, uh and there is sewer down the road.

B

And you're doing 60 units would you entertain a stipulation.

F

uh We would always entertain a stipulation, what's what's your pleasure right from um john richie.

B

Would you consider as a stipulation.

B

Six units be by definition, the rsa of workforce, housing.

B

Because we don't want to come to these boards and talk about workforce housing.

F

So I think, in order to make this project go and I'll, let mr richie explain this he's. Obviously.

F

Got a wealth of experience in construction. um 60 units was where it penciled out.

F

So it's just not going to make sense to do it um at a lower number.

F

If we were to dedicate a portion of the units as workforce housing, we would need.

F

To increase the number of units that we're requesting in order to fit them in.

F

Because, in order to in order to qualify for workforce housing, the units.

F

Have to be uh for a family of three well yeah. They they've they've got to be priced at.

F

60 or 80 percent of the median income.

B

And he's on site right: okay, so we're only talking six units, 10 right and and.

F

We can't we can't. We can't entertain that stipulation unless we go up to probably 70 units.

F

And and john has worked this out so I can have him address this so.

G

Interestingly enough um hadn't thought of this when we submitted, but um I bumped into people.

G

When I left town hall on friday- and I got a call from somebody on saturday that are very active.

G

I would I would propose if we could do 70 units total, I would propose six units.

G

Three b studios, three b, one bedroom that are eighty percent instead of the sixty percent.

G

Be eighty percent, which would be roughly fourteen fifty for a studio and fifteen.

G

Thirty five for a one bed, I would agree to six if we could do seventy units to offset.

G

The delta I'm making the same request you made of viridian john.

B

Okay, ten units nine units and they agreed knowing they could make up the difference on the remaining.

B

Units correct, okay: I would just like to see six ten percent, at whatever the rsa states and for the.

B

Remaining 54 units- that's up to you, you're the owner, as far as how you want to price them out.

G

Understood the purpose of what we're trying to do here is to make them all somewhat reasonable, as.

G

Best we can so in order to do that. I don't want to raise other units to offset the 10 I'd like to if.

G

We could increase a density, a bit, keep the units where we'd like to keep them and offer six units.

G

Out of 70 total be work force because I don't want to just raise other units. That's that's not.

G

What we're doing that? Well, I mean we're saying the same thing yeah. I understand we're saying.

B

The same thing- and you know our hearts are in the boat the same place. They are in the same place.

B

The I suspect, the reason the river viridian request was made because once it leaves there.

B

Okay, anything can happen, but you know you got those at that time. It was nine units, ten.

B

Percent and they have two and three bedrooms there: correct they're, one two and three correct we're.

B

Just studios and ones, I understand that. Okay, the only time a two-bedroom comes into place, is when.

B

The unit is, is a ownership unit in the condo, because it's a family of four correct. Okay for.

B

A rental it's a family of three, so it could be a one-bedroom unit.

G

Correct, I don't think it eight 900 square feet. It's going to be a family of three.

G

But again to so again, if, if we could in 60 is what we need.

G

For the rents that we want to charge, if we want to do 10, I'm more than glad to do it paul, I am. I just.

G

We would need to to increase from 66 to 70.. If we could do seventy units, I would say we'll do six.

G

That would be workforce housing. Yes, well, if you do, seventy units should be seven, though keep it.

B

At ten but but again I I understand I understand so, okay and- and I think that I think it's.

G

It's the right thing to do it just you know people say: oh, what are you going to charge with? You know.

G

With interest rates and and where things are it's just difficult, oh understood, to say where things.

G

Are going to end up but understand you know we own the property we've been there for a while. We.

G

Plan to be there for a long time, I think it's a real need for the city, I think, having community.

G

Campus right behind it, if you haven't, walked the property, um it's pretty cool. No, no doubt.

B

And I have walked the property by the way you weren't there. I walked by it great.

B

Yeah, I understand your point john.

B

And I know you've already penciled this out. uh My concern is.

B

I can't ask you: I can't put a stipulation as to price, I can't okay, I can put a stipulation.

B

As to a number of units being a certain thing, I don't know what that price is right now, because.

B

I don't know what workforce housing is right now um and that.

B

Borrowing from your playbook is to add that stipulation, that's why I brought it out.

B

Again and I'm not I'm not saying no, I'm saying you know the 80 to me makes it.

G

Easier to say, maybe 66 units at 80 percent for we'll do three three studios. Three one.

G

Beds, I'm more than glad to do it paul for sure yeah. You know what I mean. Oh I know I.

G

Think it's the right thing to do and um again does that set a precedent moving forward that.

G

If your grand variance is for housing, you got to have a workforce component, yay great right.

B

Yeah, I just you, know, okay, so thank you all right. Thank you. Any who's got the next.

A

Question any all right: anybody, mr mr lee, okay, so one's kind of a housekeeping question.

E

More curiosity than anything unless on the application, you're looking for five units and.

E

I only see four on the site plan. Is that just um the the I think, the um your staff memo says four.

F

Units, but it should be five you're talking about the industrial building, mr lee, it does.

E

Another question too, is, I wonder, would you anticipate any possible.

E

Conflict with the residential traffic having to share a common driveway with a commercial.

F

No, I I I'm not, and you know remember this- is going to require site review um so.

F

We you know, we know that there was a development across the street that did a traffic study.

F

Banfield road can support the you know. The development we're proposing.

F

If there's an internal conflict, we're going to have to engineer it out.

F

And tackle take care of that for us, okay, okay, thank you. Thank you. Thank you. Anybody else with.

A

A question at this point, apparently not thank you. Thank you. Is there anyone else, president, who would.

A

Like to speak in favor at this point, anyone else in favor no anyone's opposed is anyone. President.

A

Who wishes to speak in opposition? Please come up and your name and address. If you would please.

I

My name is larry major, I'm with pike industries and our address is 650 beverly hills road. If I can.

I

Come forward I'll supply uh written comments for you; yes, yes, sure stat them down there. Thank you.

I

So thank you uh for uh having a hearing and.

I

For hearing our comments um as a direct butter to uh to the richie property, we must oppose.

I

The project uh pike facilities operated on that industrial zone property servicing the aggregate.

I

Hot mix and road construction needs of the greater seacoast area for decades. um The crusher.

I

Unit was put up in 1945, so we've been not pike by ifold. Was there at that time.

I

The proposal to insert residential housing into an industrial zone we believe, violates the.

I

Intense spirit of zoning within the community, the purpose of zoning is to create areas where similar.

I

Land uses can co-exist without interruption from inconsistent and potentially adverse neighbors.

I

Proposal fails to satisfy each of the five criteria for variants in the following ways: uh the.

I

Variance will not be contrary to public interest. We believe the variance will be contrary to the.

I

Public interest of keeping industrial activities co-located to keep them separate from residential.

I

Housing where occupancy is a 24 7 365 day endeavor, the spirit of the ordinance will be observed.

I

The proposal is in direct conflict to the spirit of the ordinance, which is to provide separate.

I

Locations within the community for the various activities that are necessary for a community.

I

The proposal would also violate the setback, requirements and place residences very close to.

I

The shared property line that we share with richie substantial justice would be done with all due.

I

Respect to the housing shortage that new hampshire is experiencing, we believe it's just as unjust to.

I

Place apartments and residences in an industrial zone as it would be for us to try and place a hot.

I

Mix asphalt plant in a residential area, the values of surrounding properties will not be diminished.

I

We believe that would be untrue for our property, because anybody that's in our business.

I

Understands exactly how important it is to have very large buffer areas around the business.

I

So we believe that anybody that would be interested in purchasing our property.

I

We wanted severe reduction in the sale price at the same time, while the property value would fall.

I

We do believe- and we know that there will be increased resources and time spent in addressing.

I

Concerns that inevitably arise from commingling inconsistent uses of properties. uh Little.

I

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

I

um As mr ricci has pointed out, he's operated at that location where he is now as a commercial.

I

Industrial entity for 70 years- and we do not believe that there's a hardship that exists.

I

Except for the placing of a residential facility on that property, we are aware of.

I

The housing challenges that new hampshire faces in the seacoast, in particular.

I

But with respect to mr ricci's attempt to address this problem, we have to oppose the project.

I

And we believe that the proposal is in direct conflict with the intentions of community zoning.

I

And that should be denied now to take any questions. Thank you, mr mantle.

B

When st patrick's put in their campus, did you speak in opposition to that.

B

So I have lived in the seacoast area prior for 20 years. uh I love portsmouth and I worked at the.

I

650 beverly hills road facility for probably 10 years, I'm not sure when st.

I

Patrick's was put in, but I was unaware of the uh approximately four or five years ago yeah. I don't.

I

I did not personally receive a public notice on it, so I I did not. I did not, and I would.

I

Anticipate that probably pike did not I'd have to check the record, though. Thank you, you're welcome,.

A

uh Other questions at this point from the board for the speakers.

A

No apparently not thank you, mr mayor, just one we're not a direct butter to st patrick's, either.

I

But as we are with mr ritchie's property, so this is just an industrial zone. That's.

B

Within 100 yards of your property line yeah, I I understand thank you.

A

Okay, anyone else present wish to speak in opposition anybody at all, mr smith. Anybody.

A

On the zoom side, no one has raised their hand. No, but thank you all right.

A

Yes, come up, please.

C

I'm george haskell, it's gonna, be george haskell from portsmouth on leslie drive. I've lived here.

E

All my life as well as my father and his father, I see too many changes in portsmouth.

C

And if, if you have some homeowner that you want to build next to two feet on your.

C

House or whatever, and it's outside the variance, that's one thing, but it involves a big business.

C

Just deciding we should be sticking within what our ordinances are and the only variation the.

C

Other thing to be something like a small job or like this, ladies generator, that may be outside the.

C

The ordinance, but that's quite reasonable, but to make more money by building all the stuff. I just.

C

I just can't see it and I that's all I have to say about that. So thank you. Thank you. Any.

A

Anybody else in opposition last call for those in opposition and again we're clear on the zoom.

A

Side: okay, uh last call for speakers too, for or against anybody wishes to state any position.

A

At all on the question before we close the public hearing and have a discussion.

A

uh No, the call and speakers for just a second anybody, any speakers from the audience no.

A

Seeing nobody it's too far against last call last last call okay.

A

Now now, mr mcdonald, I just have a question about.

C

The public works department and whether the public works department has expressed any.

E

Concerns I haven't gotten that far, not yet not not at the moment, so we're going.

E

To expect the planning board will and the tact will deal with those that that's correct: okay,.

A

Okay, good and all right, we've closed the public hearing uh who wants to open the discussion.

A

Anybody left right center around ronda bond. Mrs rogerson, thank you. Well, since.

H

uh Nobody else is, I'm going to say: I'm not going to be supporting this variance application.

H

um I am very sympathetic to the need for housing in the city. um However,.

H

This is a very significant change in use and I cannot think of two more incompatible uses.

H

In the city than residential and industrial for larger, the reasons that mr major from pike said.

H

There were things that I had thought of before he spoke. um I you know attorney mulligan.

H

Very candidly admitted that the property could be used, the way that it is owned. Therefore, as.

H

Industrial, therefore, there is no hardship and uh there is a concern to me that there would still.

H

Continue to be industrial uses on the property uh within residential, a very significant residential.

H

Apartment building in the back, so um I I I cannot support this. I I will say what I said during the.

H

Public hearing, I I think if there are opportunities for rezoning some of these.

H

Industrial lands that that is something that should be dealt with broadly by the.

H

City council, by planning board, to see whether or not those those lands are suitable for that kind.

H

Of use, uh you know, I think, given that this is wasn't, it is in a heavy industrial zone.

H

And there's been environmental issues with community campus. You have a very heavy industrial.

H

Business next door in pike industries. I think that a more deliberative process should be given this.

H

Application through a zoning amendment rather than through, I know it will go through attack and.

H

Planning board, but that would be with the purpose of siting this facility, where it is not looking to.

H

See whether or not this land is suitable for this use, so that's all I have thank you. uh Anybody else.

A

Anybody else with a general comment: yeah, mr miller. Yes, thank you, um chris john. I appreciate it.

B

I understand what you're trying to do.

B

Whether or not the variance to flip it from residential to I mean from industrial to.

B

Industrial slash commercial, which would be apartment buildings, considering the zoning.

B

On the rest of that stretch of banfield has probably had been varianced three or four.

B

Times at least considering st patrick's and the other residents down that road.

B

But looking at it and taking in what the gentleman from pike industries says, because the residential.

B

Use is at the very back of the property which is closest to the residential use. I understand.

B

Why it's there? Because it's closer to community campus, which is right in the corner? I get that.

B

I don't know if you flipped it, it would be better received. Obviously it would might.

B

Take pike industries objections out of the out of the park, I'm not sure about that.

B

um But banfield is becoming more residential as obviously what's going on across the street.

B

Which is zoned differently? I get that, but sooner or later you know, depending on the dpw.

B

There will probably be sidewalks down the other side, banfield road, that.

B

Go all the way to ocean avenue and don't stop, but given the way it's conceived right now.

B

um There are some issues and you know that um perhaps a different design.

B

Where the residential uses are closer to banfield road and.

B

Your use, your industrial use, is closer to pike. I don't know if that would satisfy them.

B

But that's what I'm looking at right now I mean you have an odd shape lot. I get that.

B

um Is everything on the other side of the arnold property wetlands, okay,.

B

Okay, that's my only thoughts right now: okay,.

A

Who's who's next miss miss eldridge. I don't know that this is very helpful, but.

C

Banfield road is just such a mixed bag. I really don't see putting residential in there.

C

As a problem at all, when you have a school, you have a new residential development. You have.

C

Houses all up and down the stretch, but I really really am having trouble seeing a hardship here.

C

Since it can be used for the other purposes very easily and.

C

Despite all good intentions and believing in the need for more housing, I just.

C

I don't see how I can do this under our guidelines, so.

C

That's where I am thank you, someone can tell me differently. I will list.

C

Mr lee, well, I'm I'm conflicted too on this one. I you know, I hear the argument about residential, but.

E

Then I look at the aerial photo here and I see two residences that directly above the property.

E

Across the street is a new residential development and then a budding the one of the residential.

E

Developments is sa is a school st patrick's academy, which we gave a variance for.

E

So my wife who's lived here much longer than I remarked that you know this. This used to be.

E

Sort of out in the boondocks- and it's really not anymore- it's becoming a little more mainstream.

E

On the kind of the flip side of that I recall a couple years ago, we had a.

E

Not too dissimilar application to develop an apartment building in an.

E

Industrial zone, which we denied the variance on that so to be consistent, you know.

E

I think we probably should do the same thing here, but again, I'm conflicted by all the residential.

E

And the school and sets close proximity to it. So I'm not sure I could go either way.

A

Thank you. Thank you. Any anybody else.

A

Okay, okay, uh for what it's for what it's worth, I I agree with the tone of the comments that.

A

This is not an easy and easy question uh to my mind. This is very much a it's an evolving.

A

A street in terms of its usage, which went for many decades uh with uh little or no change. Now we have.

A

A a school we have a new housing development across the street, as has been pointed out.

A

The two residences on this side, which support which are sort of straddle the property, are.

A

Have been there for a long long time long as I can remember anyway,.

A

So it's it's very. It's very much a use mixed use. District. We have the as, as everyone knows, pike.

A

Industries is very nearby right up the street on the other side of the road. There's a there's, a.

A

Scout camp girl scout camp day camp, so that's another or another unusual use. So I guess my.

A

My conclusion is: if, if someone wants to develop this property and build a uh put up a building.

A

With uh apartments they do so at the risk that it will be as a success. You know this.

A

Is not a city project, so someone says that I think I can. I can make a fair return on the.

A

Property because there'll be enough demand for the apartments. So I'm willing to.

A

Try to do that. I guess I support that general uh approach to things so.

A

I is: is it an ideal location? uh No, uh will that perhaps uh encourage or require.

A

Lower than average rents, I think the answer to that is probably yes, which is a part in which.

A

Everyone agrees, I think, is a positive thing. So uh excuse me, so I guess I guess after much.

A

Much thought and flipping a corner in my head. I can. I can support this proposal. Is that ideal? No.

A

But not very many uh proposals are, and it certainly will be a better use than what has.

A

Been we all know what it has been that property has been used for for a long time, which was.

A

Not ex not exactly a pretty sight, so uh I guess I guess that's where I am on this. So any buddy else.

A

Have any general comments? If not, I would uh mr mcdonald, um I have to say I think.

C

I think we're seeing just the tip of this iceberg when projects like this get built.

E

There there are going to be industrial uses at other places along banfield road, the traffic.

C

Is going to increase they're going to be trucks, there's going to be all kinds of.

E

Things happening differently, people are going to want to.

E

Make use of the wetlands and find out they can't because they're protected.

C

So I this the the whole project has got, I think, consequences that haven't appeared yet.

C

But they're going to appear.

C

And I think the planning board and tac and ourselves.

C

Have to reach some agreement about what is the best way.

C

To make that area of land usable to the most people in the city, and how do we do that.

E

So this is, this is one approach and it's a it's a description of how.

C

Making more productive use of the of this land could be accomplished.

C

It's going to be probably up to the planning board attack to understand whether the consequences.

E

Of the of that use are going to be acceptable and I don't think that's our job to decide.

A

Okay, thank you so I'd like to bounce it bounce it back.

C

To the planning board and attack okay, yes, they will get their shot. That's that's for sure.

A

Is there any other general comments, if not I'd like to invite a motion from somebody.

F

Mr chair, can I make a suggestion that you address.

F

Separately, come up come up, please I'm sorry, don't vote. Do we agree to let one more comment.

A

Any objection, no because we closed the public hearing yeah I I apologize. I probably shouldn't.

A

Raise this earlier, we all agree. Yes, thank you go ahead. um Would you entertain um at least thinking.

F

About voting on the variances separately and not as a package- yes, certainly that's reasonable. Yes,.

A

Thank you. We do that quite often, mr lee there's the two applications are for a setback, relief and.

E

Then so the zoning relief. So I don't understand the well, so we've got a dimensional variance.

F

For setback relief and then a use variance for residential use, they're two separate.

E

I'll tell you what you're saying, but if you don't get one, would that mean well if you you.

F

If you, if you grant us the setback, release, I get it, we can use it. Yeah, okay got it. Thank you. Yeah.

A

For different different buildings, yeah, okay, all right uh does someone have a yes well. That seems.

A

A reasonable sort of request: uh we will take the um the variances separately and the first variance.

A

We'll vote on uh when someone makes a motion is to allow is, from section 10.5 to 1, to allow a 45 foot.

A

Front yard, where 70 feet is required, in other words, 45 feet off uh banfield road. So someone.

A

Does someone have a motion with respect to the that only the 45 foot front yard setback.

A

Request question for staff. Sure peter is the setback requirement part of the industrial zone.

B

Yes, it's a requirement in the industrial zone for the front right. Does it make a difference.

B

Whether that setback is for the building, as it's laid out now or a future residential building,.

B

Well, it would be for the for what's proposed right now proposed okay,.

B

What's before you thank you that commercial building, yeah, okay and does anyone have a.

A

Motion with respect to the 45 foot front setback only as as presented in the.

A

Application anybody, mr mr lee yep I'd, move to approve that application, as presented in.

E

Advertising so that for that variance the first of the first thing. Thank you very much. Is there.

A

Is there a second to that motion, a positive motion to uh approve the 45-foot setback? Thank.

A

You miss eldridge, mr lee. Your motion, please: okay, well, just taking the first two criteria together.

E

This variance is not contrary to public interest and the spirit of ordinances observed this use.

E

Doesn't conflict with any implicit purpose of the ordinance and because there's other residential.

E

Houses in the immediate neighborhood, just two of them are directed butters as well as across.

E

The street, I don't think that would alter the essential character neighborhood anyway,.

E

Or threaten any public health safety rights, I think substantial justice is done because the.

E

Benefit to the applicant is not outweighed by any gain to the general public or anybody else.

E

I certainly don't see that diminishing the value of the surrounding properties in any way.

E

And then literal enforcement, this ordinance would result in unnecessary hardship.

E

The necessary hardship in this case would be that.

E

Because of the topography of the land and the geology, the wetlands.

E

And all that sort of thing the buffer is necessary to.

E

To limit the pervious materials used and make it a little more environmentally friendly.

E

Along those lines, so for those reasons I would move that we approve this application as presented.

E

And advertised, thank you, yeah you're, a second miss aldridge right. Well, the setbacks currently 34 feet.

C

Now it's going to be 45, so it's actually becoming more conforming, so I support this okay. Thank you.

A

All right, the uh motion has been made in second and any further comments. If not we'll take a.

A

Vote this is on variance number one, only I'll I'll start down at the left-hand side. Here, ms eldridge.

A

Yes, ms margerson, yes, mr lee, yes, mr mcdonald, yes, mr mantle, yes and I vote yes is as well. It passes.

A

Okay, that's that was variance number one. Okay and.

A

Just let me make note here.

A

Okay, so that leaves us as a next piece of business, to vote on variance number two, which is the use.

A

Variance for the 60 unit, residential building, where residential buildings are not allowed in.

A

The industrial zone does someone have a motion with respect to this variant's request? Please.

A

I will mr lee thank you to keep that ball rolling. I would move that we approve the.

E

The variance from section 10.440. to allow the 60 unit residential neighborhood, where residential.

E

Uses are not permitted industrial district. Okay! Thank you. Is there a second second to that motion.

A

For a second anybody, second, I will certainly second, at least for purposes of discussion.

C

Thank you. Thank you. Miss hello mentioned all right. Thank you, uh mr lee. All right so again.

A

The first two requirements together, the variance isn't contrary to public interest and the spirit.

E

Of the ordinance is observed, I think in this case, although the property is technically zoned,.

E

Industrial, it's pretty clearly in my mind, in a transitional zone in that, first of all, there's.

E

Residences on directly above this, we've built a large school education building.

E

Next door to it as well and across the street, there's a new residential development.

E

So to me that pretty well cements in my mind that this this industrial area is becoming a.

E

Transitional area to sort of a mixed use, the substantial justice portion and I think the.

E

Benefit to the applicant has not outweighed any any harm to the general public. I think.

E

There's a gain to the general public in that we would be able, through the applicant's.

E

Efforts to add some modestly priced housing stock to the area which we so desperately need.

E

And also that would also tie in with the values surrounding properties, not diminished. I think.

E

Having some modestly priced apartments, there would certainly be an asset to the.

E

That end of the town and in general, and also again sort of uh buttress. The fact that again, this is.

E

Seeming to be a transitional area from really seriously rural to the mixed use area and as far.

E

As the hardship, the literal enforcement disorder ordinance would result in necessary hardship.

E

Here, because of against special conditions that distinguish this from other properties in the area.

E

I think the the use is is reasonable here and that the fact that we're looking to put a.

E

Some resonance is up in the back rear portion of the property which.

E

Will be away from the commercial use on banfield road, but still directly abutting the residential.

E

Property there to the left of it, I just really don't see any fair and substantial relationship.

E

Between the general purposes, the ordinance and the uh specific application of that provision.

E

To this property- and I think this proposed use is a reasonable one. So, for those reasons.

E

I would move that we approve this application is presented and advertised. Thank you. Thank you.

A

Miss miss miss eldridge. No, I have nothing. I have nothing to add, but I think he was quite persuasive.

C

Thank you all right. Thank you! Thank you and yes, just if yes, the motion maker would entertain the.

C

Stipulation in the staff report that the building design, including size.

C

And scale location and site layout may change subject to review and approval.

C

By the conservation, commission and the planning board, I would agree with that.

A

Second degrees as well. Thank you, okay, anything further on the motion on this on this motion. Okay,.

A

All right, I'm gonna uh call for the uh the vote. The vote is to approve uh miss eldridge. Yes,.

A

Yes, thank you. Yes, ms margerson. No, no! Okay, mr lee, yes, okay, mr mcdonald, yes, yes, mr mantle, no okay,.

A

And I vote yes, so uh they to two. So the motion is passed. All right, you're welcome all right.

A

A

Turning the page to item c on the agenda.

A

Which is the request of 2422 lafayette, wrote, associates llc.

C

I'm sorry what there's one before that! Oh.

E

Yeah, oh sorry, sorry jumping off getting ahead getting ahead of myself. Thank you.

A

The correct one item b freeze it as follows: the request of thomas hammer applicant.

A

For property located at 219, sagamore avenue.

A

Whereas relief is needed to demolish the existing garage and deck and construct a new garage and.

A

Driveway, which requires the following: a one: a variance from section 10.521 to allow 30.5 built.

A

Percent building coverage, where 25 is the maximum allowed too a variance from section 10.573.20.

A

To allow a 2.5 foot rear yard, where 15 feet is required, three, a variance from section 10.571 to.

A

Allow an accessory dwelling excuse me accessory structure to be located closer to a street.

A

Than the principal structure and four and variants from section 10.321 to allow a non-conforming.

A

Building or structure to be extended, reconstructed or enlarged without conforming to the.

A

Requirements of the ordinance said, property is located on assessment 221 as lot 19 and lies.

A

Within the general residence, a gra district who presents this case, please anybody, no no takers.

A

272 219 sagamore abs, two night last call, I think I think he's on the zoom call.

C

J

Peter, can you hear me, can anyone hear me yes go ahead? Oh, can you hear me now.

C

Yes, yes, yes peter. Can you hear me? Yes? Yes, yes, yes, okay, great, I'm sorry! I had it muted. Thank you. So.

J

Much for taking the time to review our project here, um as we've stated in our documents, we are.

J

Attempting to demolish the existing garage, which is um basically in disrepair, I'm not sure when it.

J

Was built, but um our intent is to try to uh make the property less non-conforming. uh It is a very.

J

Tight lot um hold on one second, here am, I still. Can you still hear me? Yes, we can okay, perfect.

J

Let me see if I can move that. Okay, because I can still see you uh our intent is to uh move the.

J

Garage slightly um away from the property line and away from the setback on the side, setback.

J

uh And to improve the uh use of the garage by allowing the uh by moving the garage doors from.

J

The right hand side as you approach the garage to the left-hand side and while we in doing so, we.

J

Would remove some of the paving that is currently used for ancillary partnering in the backyard.

J

And kind of re-route the way that the property is um that garage is accessed um in doing so. We.

J

We're removing that deck um and adding a smaller deck at the back, basically for access and then the.

J

Other intent was there's a um there's, a bulkhead that was um used, it had a roof and a structure.

J

Over it and used that as the access point to the uh house and create a little mud room.

J

So I don't know if you've had a chance to look at the property, but the garage is in pretty sad shape.

J

And uh it really needs to be removed, so in doing so uh I did blow up some of the.

J

Stuff from the engineer about building coverage, we made an attempt to improve the uh 35 percent.

J

um Coverage down slightly and we've also worked to try to improve the non-previous.

J

uh Reducing non-purpose uh conditions on the property um with that being said, um as.

J

We go through the variance criteria. uh Do you have any questions at this point uh in the process.

A

No, no, please continue. Okay, so um with that said, um the variance will not be contrary to the public.

J

Interest um our comment to that is that basically, repair replacing and repairing a rotting structure.

J

Would serve the public interest and provide a safe and stable uh building, um and uh it would have a.

J

Greater visual appeal as well, um the spirit of the ordinance is observed. uh As I stated, um we.

J

Are trying to move the garage further away from the property line and the side setback creating a.

J

Greater distance and in the rear and the side uh is in spirit with the ordinance um and we're as.

J

I stated we are reducing the building coverage and increasing the open space again within the.

J

Spirit of the ordinance um substantial justice will be done, allowing this variance request will.

J

Create a safer environment for the community and there's no harm to any of our butters, and it would.

J

Also allow us to use the property as intended when we purchased the property back in july.

J

Little enforcement uh of I'm sorry, values of the surrounding properties would not be diminished.

J

um This clearly would be the case as the structure is in pretty bad shape. There's also a.

J

Chimney on the back of the property which will be removed and not replaced.

J

I don't know what they had used: the property that part of it was.

J

I think there was some kind of a heating unit in there, so that would be removed as well.

J

But this would definitely improve the value of not only our property, but the surrounding properties.

J

And then the last uh one would be little enforcement of the provisions of the ordinance.

J

Would result in unnecessary hardship um the purpose of our redoing, this garage is to use the.

J

um Garages as an intended use- um and it was built at some point in time on a non-conforming lot and.

J

So, therefore, to rebuild the structure as um to take the structure and move it and rebuild it.

J

Would help um the community, and it also would, if we couldn't do it, it would be a.

J

Hardship that we could not utilize this building as its intended use.

J

A

Any questions from the board at this point.

A

No, no apparently, apparently not is there anybody present or on zoom, who wishes to speak in support.

A

Anybody at all, no anybody in opposition remotely or in person no to.

A

Last call too far against any speakers at all in any with any perspective, anybody at all no.

A

Apparently, all clear and zoom mr stiff yeah, okay, okay, okay, we'll uh close the public hearing; okay,.

A

What's your uh we've heard the proposal board? What's? Does anyone have a general.

A

Comment to stop the process here, I'll make commotions all right. Thank you. We'll make a motion.

B

To uh approve the application as presented, thank you, mr mantle. Anybody with a second.

A

Thank thank you, ms margins. Your your motion, mr mantle um to the five criteria. I don't believe.

B

Granting the variances would be contrary to the public interest. uh The spirit of the ordinance.

B

Would be observed, uh substantial justice is done. He is trying to make a non-conforming property.

B

Less non-conforming, granted by a foot and a half and the building coverage, doesn't change.

B

And we no longer have a garage, that's falling down, we'll have a newly built one. The values of the.

B

Surrounding property are not diminished, in fact, they'll probably improve and literal enforcement.

B

Of the hardship, little enforcement of the ordinance would result in an unnecessary hardship.

B

Which I believe to be true for those reasons um I made the motion to approve. Thank you. Miss.

A

Madison, so I will uh support the motion. Obviously um just a couple of things in support. The building.

H

Coverage is 30.5, which is obviously over 25 um percent maximum in the zoning district. However,.

H

That is just carrying forwarding a pre-existing non-conforming um building coverage, the rear yard.

H

Setback is slightly improved. um I I, I think that you know the the intent of these ordin of these.

H

Ordinance provisions are for movement of air and light and that there is nothing about.

H

Approving this variance uh that will uh impinge on that at all, um and I think that is it.

A

Thank you very much any any further discussion before we take a vote to.

A

Which is on a motion to approve anybody at all? No okay, I'll call I'll call for the vote. In that case,.

A

The motion is again is to approve ms miss eldridge. Yes, ms margerson. Yes, mr lee, yes, mr mcdonald, yes.

A

Mr mantle, unless and I vote, I vote yes as well. The uh europe you're approved mr hammer.

A

Is he there he is, but I mean okay, thank you so much. We appreciate it. No.

J

Can you hear me no objections will be entertained. Thank you. So much.

A

Yup you're welcome all right. Thank you, peter for your time.

A

That was good, we're getting overseas right.

A

Now now, turning the page item c, the request of 2422 lafayette road.

A

Associates llc owner for property located at 2454 lafayette road unit 5, whereas relief is needed for.

A

A proposed veterinary, urgent care clinic, which requires the following one: a special exception.

A

From section 10.440 use number 7.50 to allow a veterinary, clear care clinic use where the use is.

A

Allowed by special exception, said properties located on assessor map. 273 is lot 3-5.

A

And lies within the gateway corridor, g1 district, who presents this case to the board. Please.

D

Good evening, members of the board, my name is nicholas collins, 18 lennox.

D

Street beverly mass and I'm with olsen lewis, architects representing rare breed veterinary.

D

Partners who are seeking a special exception to operate a veterinary urgent care facility.

D

At 2454 lafayette road number unit, five, so um like human, urgent care facilities, veterinary.

D

Urgent care seeks to fill the gap where a regular veterinary care might fall short. So if your dog.

D

Or your cat is sick on the off hours, they're, not quite sick enough to bring into an emergency room.

D

But they do require medical attention. Urgent care facilities exist for them to bring in their.

D

Animal have them checked out and, and you know properly, attended to by a medical, professional.

D

So the the facility will be three thousand six hundred seventy square feet. It will have a um an.

D

Entryway vestibule lobby reception area, a um five to six exam rooms and a public use restroom or.

D

Client use restroom and then the remainder of the space will be for staff only, which will include.

D

A treatment area, a pharmacy lab area, surgery pack, an x-ray room, animal holding space.

D

For animal recovery and observation and then a veterinary office, a break room for staff, a.

D

Staff only restroom and then a utility space. The proposed hours of operation are monday.

D

Through friday, two o'clock to 11 p.m and saturday and sunday 11 a.m to 7 p.m. And, as you can see,.

D

The site is located um at the end of a commercial retail um establishment. um It's on the end unit.

D

The the interior, if there is, I think there was a floor plan included on this. If you don't mind.

D

Oh there it is so this is a basis of design floor plan. um We would apply this to the.

D

Actual space itself, it's roughly the same size, although some modifications will be needed.

D

But you can see this is the general idea of how that space would be laid out and how people.

D

Would operate moving through that space regarding compliances, with the special exception standards.

D

Standards provided by this ordinance ordinance will be met.

D

The proposed vet urgent care clinic will meet all the standards required by the city of portsmouth.

D

And there is a provision for in the ordinance regarding veterinary facilities with kennels.

D

This urgent care facility will not have kennels kennels defined by the city. Ordinance are.

D

An establishment in which the primary use is housing, dog cats or other household pets. We.

D

Have holding areas defined on our floor plan, but they are for short-term recovery purposes only.

D

There'll be no term, uh there will be no over overnight animals being held in that location. So.

D

They're really just there for animals to recover post surgery or for those that are ill and require.

D

um Main our observation: there's no hazard to public or adjacent properties, the veterinary.

D

Urgent care will comply with all state design requirements, including the medical gas system,.

D

The x-ray room will comply with the new hampshire rules of control for radiation and the pharmacy.

D

All medication control will be under lock and key with staff only having access to those areas.

D

There will be no detriment to property values in the vicinity or change of the essential.

D

Characteristics, um the area is a uh a retail area. It's intended for that use. We were, you know, going.

D

To fit right in with with the use of the building and really for the interior space, our goal is to.

D

Isolate the animals from the exterior as much as isolating any noises that might come out so.

D

Animals coming in want to be quiet and safe and happy so sound control is as much a concern for.

D

Neighbors as much for the animals that are going to be within the space itself,.

D

There's no creation of a traffic or safety hazard, we're actually reducing the number of required.

D

Parking spaces: according to the ordinance, um there are required, eight off-street parking spaces, one.

D

Per 500 square feet for veterinary care facilities, as opposed to the current 13 spaces required for.

D

Retail trade use and then there will be no excessive demand on municipal services.

D

The existing site has meets the requirements for this facility.

D

And lastly, there's no significant increase for storm water or runoff as everything that we're.

D

Proposing is interior work only we're proposing no exterior work at all. So thank you very much.

A

Thank you any questions for the speaker at this point. No apparently not thank you. Thank you. Anyone.

A

Else present or via zoom, who wishes to uh speak in support of this anybody in favor? No, mr death.

A

No okay and nobody in the audience: okay, anybody in opposition anybody present or on zoom who wishes.

A

To speak in opposition, no apparently not okay. Last call for speakers too, for or against any.

A

Comments from anybody, apparently, okay, the public hearing is closed in that case, and we have a.

A

Request for a special exception, we haven't had one of those in a while.

A

Anybody have a motion, perhaps.

A

Anybody have a motion.

H

Mr parrot, I will move to approve the special exception as presented and advertised. If I get a.

H

Second I'll tell why, thank you. Is there a second to that motion, mr lee, thank you. Miss madison.

H

Okay, so um you know special exception. Is that if the applicant meets all of the um special.

H

Exception criteria: the zoning board is in some ways compelled to grant it so going through those.

H

Special exception criteria, as was just done by the applicant, um the standards as provided by.

H

This ordinance for the particular use permitted by special exception are met in that this is a.

H

Veterinarian um veterinary care clinic, which is allowed by special exception in this zoning.

H

In the zoning area there is pursuant to 10.232.22, there will be no hazard to the public or adjacent.

H

Property account of potential fire explosion or release of toxic materials. There will be.

H

No toxic materials um on this facility and as presented in the applicant's application.

H

The medical, gas, x-rays and medication will all be in compliance with state state rules, state laws.

H

There is no detriment to property out values in the vicinity or change in the essential.

H

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

H

On account of the location or scale the buildings and other structures, parking areas, access ways.

H

Odor smoke, gas dust or other pollutant noise, glare heat vibration or unsightly.

H

Outdoor storage of equipment, vehicles or other materials, there is no change.

H

In the essential characteristics of this very business area, this is a strip mall.

H

There's actually a pet store at the other end of this. At the other end of this.

H

Mall- and there is nothing that will create any kind of those nuisances for the budding.

H

Property owners- this is not a residential area and uh there is no creation of a traffic.

H

Traffic safety, hazard or a substantial increase in level of traffic congestion in the vicinity.

H

As indicated by the applicant, they are only required to provide a total of eight off-street.

H

Parking spaces for every 500-foot use and they are going to be doing that and there is uh also.

H

The times that this will be operating there'll be less use in that in that mall in that strip, mall.

H

um And there will be no excessive demands on municipal services, including, but not limited,.

H

To water sewer, waste disposal, police and fire protection and schools there's nothing.

H

About this business that would implicate any of those things unless the animals are not any good.

H

And there'll be no significant increase of stormwater runoff onto the adjacent property.

H

Or streets, um this is just an interior build out of of an existing uh storefront and therefore.

H

The applicant has met this criteria as well. Thank you very much, mr lee. I think you have the.

A

Second, didn't you I do, and I concur with ms martin's comments. Nothing to add. Thank you.

A

Anything further on the motion before we take the vote. Apparently not those in favor of the ocean.

A

Which is positive to approve it. Miss eldridge, yes, miss margin, mr lee. Yes, mr mcdonald, yes, mr mantle.

E

And I vote yes as well. Thank you. Thank you. All okay, you're approved yep you're welcome. I know.

A

That's for sure.

C

That's a really nice special expression, the competition.

B

Okay, there we go different markets, different targets.

A

Yeah, oh, I hope what a crazy coincidence. Okay,.

A

We just did it there's a quota, that's it. We got the quota.

A

And uh please uh please, as always, I say please correct my pronunciation if I mingle.

A

Names the request of nicole gusta applicant for property, mall llc owner for property located at.

A

650 islington street unit c, whereas relief is needed for a proposed veterinary care clinic.

A

Which requires the following one: a special exception from section 10.440 use number 7.50.

A

To allow a veterinary care use where the use is allowed by special exception,.

A

Said property is located on assessor map, 155 lot 5-c1 and lies within the character district.

A

4 w cd 4w and the historic district who speaks in favor, please thank you.

K

Mr chairman, members of the board, I'm tim phoenix from hopeful phoenix gorman roberts.

K

Here in portsmouth here with and on behalf of nicole giusto, you got it close, mr perry. Thank you.

K

Yes, it is somewhat uh unusual. You mentioned uh yourself that it's unusual to have a special.

K

Exception now you've got two of them and two vets. They are different target markets. That's.

K

Urgent care, nicole, is just a regular veterinarian. um Peter's got the plan up on the site, you'll see.

K

That building highlighted in yellow this is part of the old frank jones condominium redevelopment.

K

It's right across the parking lot from the cvs parking lot she's running the entire first floor.

K

Or intends to which is 2 650 square feet, she's going to have three employees other than herself.

K

Inside is going to be three examination rooms where she'd be with pets and and family a.

K

Surgery suite a treatment room where they take the pet back and treat the pet with the family.

K

Gone or waiting outside waiting outside of that room in an x-ray room, um as she says, by the way.

K

Nicole filed this herself, I agree to prevent it for her. I think she's done a good job. I told.

K

Her, I don't think I could do any better myself, so I'm just going to go through her memorandum.

K

The purpose is to care for the health of the local pet population in an easily accessible.

K

And walkable in-town location nicole herself lives on middle street and will be intending.

K

To walk to work, I it's mentioned a little later, but her use requires six parking spaces. Four of.

K

Them will be identified with signage for customers, and there will be two others and there's plenty of.

K

Parking on on the site anyway, I'll get to it in a minute where, where the parking is going to be.

K

She's discussed it with the building owner she's, discussed it and received approval.

K

Of the condominium association, so turning to the special exception requirements, 10.232.21.

K

Is the standards, as provided by the ordinance for the particular use, and, as you read, this use.

K

Is permitted by special exception, as I mentioned, there's going to be one doctor and it's a small.

K

Animal veterinary clinic patients and their owners during regular business hours eight to six.

K

uh There's no kennel, there's no overnight hospitalization. There's no training grooming.

K

Or sale there's no kennel services, and that was mentioned in the last one and there's no exterior.

K

Additions or changes planned to the building, the only change exterior wise is going to be.

K

The signage that I mentioned parking signage. The second requirement- is no hazard to the public.

K

Or adjacent property on account of potential fire explosion or release of toxic chemicals.

K

It's a vet, so there aren't going to be any. It's already been an office building the last office.

K

Renter there required 10 parking spaces. uh Her use only requires six uh 10.232.23, there's no.

K

Detriment to property out values in the vicinity or change in the essential characteristics of.

K

Any area, including residential neighborhoods or business and industrial districts on account of.

K

The location and scale of the buildings which isn't changing in other structures parking.

K

Areas which isn't changing access ways, odor smoke, gas dust or other pollutant noise, glare.

K

Heat vibration or unsightly outdoor storage of equipment, vehicles or other materials, none of.

K

Those will exist, all of the services are going to be indoors during regular big business hours.

K

There's no detriment to property to surrounding property values. Again it's been in office uh for.

K

Many many years and will continue as such, just as a veterinary services, and it was, I believe, an.

K

Engineering firm, no creation of a traffic safety, hazard or substantial increase in the level of.

K

Traffic or congestion in the vicinity again, the intention is to be as much as possible a walkable.

K

Area if you've walked around portsmouth or driven around portsmouth almost any time, but particularly.

K

Early mornings, in good or bad weather, you see dozens of pets walking their owners.

K

So so it's just not going to create a traffic problem. There's plenty of parking on site.

K

For anybody who visits um and many we believe will will walk to the vicinity.

K

um What else did she say, uh as I mentioned, adequate parking to accommodate three patients.

K

Visits at a time which is all she can handle um the centrality of the location, allows clients to.

K

Walk from their homes, which will have the effect of decreasing traffic, it will promote the business.

K

Cd4W district provide a needed service downtown, which we don't have presently to my knowledge.

K

As I mentioned, we need six parking spaces where the.

K

Engineering firm required 10, so there's a little reduction in the need. There.

K

Next section 10.232.25 there's no excessive demand on municipal services, including, but not.

K

Limited to water, sewer, waste disposal, police and fire protection again, this will be no different.

K

Than any other um office type use, that's been permitted there and has operated there and then.

K

Finally, no significant increase of stormwater runoff onto adjacent property or streets.

K

There will be no change because the building's not changing peter, if you can go to the last page of.

K

The narrative there's a little chart that we got from the condominium association. I just want to.

K

Point there you go, I don't know if you can enlarge that, but you can see the yellow building and you.

K

See, on top of it, there's 17 spaces, her spaces assign spaces are either going to go there or on.

K

The strip of spaces down at the bottom, the entry to the building, is on the right as you're facing.

K

That so, whether her spaces are assigned and the 17 or the 12 they're right outside the building.

K

um That's all I have it's pretty straightforward. I almost came up here and said, I repeat what the.

K

Guy before me said and ms margeson's motion, but I decided I better create a record and go through it.

A

Any questions from mr phoenix at this point: no: okay! Okay! Thank you thanks. Anyone else, president.

A

Who'd like to speak in favor anyone else in favor of mr stiff, how about the zoom site? No.

A

Okay, anyone in opposition is anyone president wish to speak in opposition in opposition last call.

A

Last call of all speakers, too, for against anybody at all anybody, no clear on the zoom side: okay, fine.

A

The public hearing public hearing is closed. We've heard the proposal board is there. Anybody wish to.

A

Start the conversation, mr chairman, I make a motion to grant the special exception as presented. Thank.

A

You, mr mantle there's a second to that motion. Ms eldridge. Yes, thank you, mr mantle. Your your.

A

Emotion, please um going through the special exception criteria after we've been trained.

A

Standards is provided by this ordinance for the particular use permitted by special exception.

B

No hazard to the public or adjacent property on account of potential fire.

B

Explosion or release of toxic materials, no detriment to property values in the vicinity or.

B

Changing the essential characteristics of any area, including residential neighborhoods or businesses,.

B

In industrial districts, on account of location or scale of buildings and other structures, parking.

B

Areas: excess waste, odour smoke, gas dust and other pollutants, noise, glare heat vibration or unsightly.

B

Outdoor storage of equipment, vehicles and other materials, no creation of a traffic safety hazard.

B

Or substantial increase in the level of traffic and dash congestion in the vicinity? No, except.

B

Excessive demands on municipal services, including, but not limited, to water, sewer waste disposal.

B

Police and fire protection in schools and finally, no significant increase in stormwater runoff.

B

Onto adjacent property or streets, considering there used to be.

B

Exactly what you're proposing just further down the street on the other side, um I support.

B

This application. Thank you, mr no. I have nothing to add. Thank you any any final thoughts, final.

A

Thoughts before we have the vote, no, okay, uh the motion is to approve ms eldridge. Yes, ms margin, mr.

A

Lee yes, mr mcdonald, mr mantle and I vote and the chair votes. Yes, as well. You're approved.

A

Thank you. Thank you. Yeah you're, welcome. You're welcome is something else.

A

Okay, uh we're hired up on our ninth traditional nine o'clock break.

A

Five minutes no more than ten okay, okay, you're tough! We stand in recess.

C

It's the same coverage 26 points and I still have too much people well.

A

Welcome back everybody we're uh we're back in session, we're up on item e under new business.

A

And that breathes as follows: the request of thomas and lindsay vickery owners for.

A

Property located at 37 orchard street, whereas relief is needed for a proposed edition, which.

A

Requires the following one: a variance from section 10.521 to allow 26.5 building coverage.

A

Where 25 percent is the maximum allowed said, property is located on assessor map. 149 is lot 9.

A

And lies within the general residence, a gra district who presents this to the board. Please.

L

Good evening I'm amy detton I work out of kittery and um live in portsmouth.

L

Tonight I just want to introduce you to. This: is tom and lindsey vickery.

L

um Just a little background on the house and the family, they live at 37 orchard. um I call.

L

Them four squares um that has a little addition off to the right side, where the the driveway side.

L

That is, um was poorly built and that is going to be removed and then the addition.

L

Will encapsulate that square footage and then expand nine feet, six inches towards the driveway.

L

There is an existing back, uh will be kind and call it um a deck kind of a roofed deck.

L

That is also in disrepair. That's going to just stay. The roof line is going to stay.

L

Footings are going to stay and we'll just winterize it and make that be the mud, room and so.

L

The kitchen will expand the 9 feet, 6 inches from the existing and then we'll take it as a second.

L

Floor to create a primary bedroom bathroom suite, so the it'll go from one and a half bathrooms to.

L

Two and a half bathrooms and um the bedroom count will stay three. I believe three in an office.

L

So the you know the um I'm not sure if I have a whole lot more to add from the um description.

L

Of what we're doing long and short of it is, though, we're just matching the back elevation.

L

Roof line and bringing that around to the side elevation roof line, which will.

L

Stay underneath the existing ridge so without further ado I'll go through the five criteria.

L

The new structure will stay within the character of the neighborhood. It's a sweet, sweet block.

L

Kind of sandwiched in between um two also kind of quiet streets, where wyver can be a little bit.

L

Busier um and it's a real mix of new englanders capes multi-family single family and it kind of.

L

Just blends right in there um and if any I, the neighbor to the right, um has sent a letter of.

L

Support that is the neighbor that will be most impacted and um they've already done. It looks.

L

Like a good amount of work to the house- and it looks like they're going to be doing more as well.

L

It would not impact the safety of the neighborhood or the health of the neighborhood or neighbors.

L

Substantial justice will be done, uh the surrounding properties will not be diminished.

L

um I'm from there's a few houses on the block that are under construction right now,.

L

So I'm thinking that it's just everybody's kind of upping, everybody's property value.

L

It's all really good solid work, that's been done um and literal enforcement of the ordinance would.

L

Result in unnecessary hardship, the the lot itself is, as you can see, angled and it's probably easier.

L

To see from the city map that the house to the left, which is uh two family, their driveway is.

L

Actually, on the vickery's property- or you know it's kind of like do you really even know.

L

If we had a survey we would know, um but their driveway is about three feet from their window.

L

um On the left side, so it's um it's a well-used property, it is non-conforming, um but we you know.

L

It's a this is a young family with two small children and trying to stay in portsmouth and.

L

Create a viable lifestyle for themselves. So do you have any questions.

A

Any questions on the board at this point. No apparently not thank you. That's a great house.

A

Anyone anyone present who'd like to speak in favor anyone else. Speaking in favor.

A

Anyone else anyone else, speaking in opposition, mr smith, how are we looking.

A

On zoom, no one has no idea; no one will raise their hands. Okay last call two for or against.

A

Any speakers at all any speakers lost call no okay.

A

We've heard the proposal board. Mr chairman, mr mr mantle, I moved to.

B

Move to make a motion to accept the application as presented all right. Thank you. Is there a second.

A

To that motion second, second, second, second phil phillips, phil's beach out by a hotbeat. Okay, thank.

A

You, mr manly, your motion, please um going to the five criteria. The variance is not contrary to the.

B

Public interest at all the spirit of the ordinance is definitely observed. Substantial justice is done.

B

There is no value of surrounding properties to be diminished and literal.

B

Enforcement of the ordinance wouldn't be an unnecessary hardship. It's a application to.

B

B

One and a half percent building coverage, which is.

B

Small for the improvement of the property- and I will that's why I made the motion to grant.

A

Thank you, uh ms eldridge. I agree with everything and it is a small lot much smaller than the.

C

Zoning would allow and any change to the building, I think, would increase the coverage.

A

Okay, thank you anything anything further, pretty straightforward. Okay, uh I want to call the.

A

Roll we'll vote on the motion, which is to approve, as presented, miss elvis yes,.

A

Ms margerson, yes, thank you, mr lee. Yes, okay, mr mcdonald, yes, mr mantle, yes and I vote yes as well,.

A

Six to zero you're approved you're all set yup. You you're welcome.

A

A

Next is next up is item f on the agenda, which is.

A

The request of london bridge south inc owner for the property located at 114 saratoga way.

A

Whereas relief is needed to amend a previously approved application to merge two lots and demo.

A

Existing structures in order to construct a four unit, multi-family dwelling, which requires the.

A

Following one, a variance from section 10.5 to one to allow a lot area per dwelling unit of thirty.

A

Seven hundred and thirty six square feet where five thousand square feet is the minimum required.

A

And two a special exception from section ten point: four four: zero use, number 1.51.

A

To allow four dwelling units where the use is allowed by a special exception, said property.

A

Is shown on assessor map 212 as lot 112 and lies within the general residence b.

A

District who presents this project please thank you, mr chairman. Members of the board.

H

Sorry, um mr, I just want to clarify that this.

H

Is the reason we are rehearing? This is purely because the designs were changed correctly. Okay, so.

H

This is not starting from zero. Okay, you just yes. Thank you. Thank you, mr said my opening statement.

K

So yes, the key word here is mend we're amending a previously granted variance and special exception.

K

And the variance, as was read, was a.

K

The variance from type five to one um to allow lot areas of 37 36 square feet where 5 000 is the.

K

Minimum that's the same and a special exception from 10 401.51 to allow four dwelling units.

K

Where the use is allowed by special exception, that's not changing um the history of this is that.

K

My client purchased the property it was originally approved for these. uh This relief in roughly july.

K

Of 2020., I did not represent the applicant at the time my client bought the property submitted.

K

Building uh building plans, uh building permanent application and construction level plans in early.

K

December of 2021 and then went forward with a lot of stuff like buying the windows. And what have you.

K

They've poured the foundation etc in reliance upon that being approved.

K

Once it was approved a month or so ago, reviewed by the staff, it was determined that some of the.

K

Physical changes to the building, not really to the lot with one exception, were a little too far to do.

K

Administratively, so they said come back so we're not asking for any variance we're not asking for.

K

Any special exception we're asking you to approve the amendments to the site plan. I know you have.

K

Them peter's got him up on the plan. I've. I'm gonna use uh this easel here, because the distance.

K

In his plan set from this image to our images- many many pages- so I thought it might be easier.

K

To to to do this, this before you and up on the um up there, that's what we're proposing. I think.

K

No, that's the oldest one, that's the old proposal and I've highlighted here. Oh.

K

The easiest thing to do might be: I've got each of the plans.

K

For each of you thanks paul, so I'm handing out uh what's uh before you hear um and while he's.

K

Doing that on tap dance or something would you would you just give us let's, let's just take a.

A

Minute so we can all have a chance to yeah and look and look and listen to you at the same time,.

A

Because this, this is obviously an unusual procedure for us.

K

Yeah it's a little unusual. I just thought it was easier than peter having to.

K

Slide through a bunch of different pages to get to the comparison, I should have had them.

K

Compared when we submitted, but if you're looking at that, the first page is what was approved back.

K

In 2020 and on here, I've highlighted the areas of the building that are changing.

K

So you can see this area here. I've highlighted this was as approved this area here, these corners.

K

Of the stormer, this area, which is the distance of this uh dormer wall above the first floor,.

K

Property edge there's the um this area here, which doesn't have a dormer and here in a minute and.

K

Then you'll see the other feature. Is this gambrell roof had a little curve to it in the second page.

K

Oh and up here there were skylights uh proposed on both sides.

K

Of the building, so by the way, I'm here with um the owner's representative, joel lassadorian, who's.

K

In charge of the construction project, so a little different orientation, but.

K

So I've put the little squares here on this uh empty side where there are going to be.

K

No skylights, that's going to be just a plain roof now down below there's going to be in place of the.

K

Skylights, oh sorry, thank you. Thank you um in place of the skylights. Is this little? What I'll call an.

K

You know eyebrow eyebrow dormer and then you can see the the uh this is a dormer from a side view.

K

And then you can see that the gambra roof has been straightened out for constructability and then.

K

This little dot right here, the the um the uh wall has been brought forward. So it's more close to the.

K

To the bottom wall, and then this dormer has been stretched a little bit um to go closer to.

K

The building edge and all of those are for some form of constructability issue, either a little.

K

Cost savings, or to create a little bit more room for access joel, can go into details. If you want.

K

I do this on the other side. I didn't give you a copy of these, but.

K

This is the site plan, as approved.

K

Two years ago, and the second page that I'm going to show you just because it's really easy to.

K

Follow is alex ross's plan today, so from a site plan perspective, the only real changes are. I don't.

K

Know if you can see this line, I tried to do it in purple, but I brought a nearly empty highlighter.

K

There's a fence going up here: there's a fence already here, so we're constructing a fence here.

K

And down here there's an electrical box that was off-site and has now been.

K

Moved on-site um there's a telephone pole here: that's got some problems and they're gonna kind.

K

Of fix and there's some underground stuff, but uh really um all we're really talking about is.

K

For asking for you to approve or amend is the site plan and the elevations and floor plans with those.

K

Minor changes that I've mentioned on this other side.

K

So again, from this, um with this with a shorter dormer, this way further up the roof.

K

With skylights and a curved roof and and no eyebrow dormer to this.

K

Which is very similar, there's some other minor treatments window treatments and what have you.

K

But here it got a little wider on that side. Wider skylights, missing wall came down to.

K

Get it closer to the to the front wall and this um eyebrow um what I call an eyebrow.

K

Dormer here it is from the side and then the uh gambrell, instead of being curved at the bottom.

K

It's um it's straight. uh We thought those uh were insignificant, uh but the staff thought it.

K

Was significant enough to have you guys review it again? um I did not, um as you notice in my.

K

Submission um go through the why we meet the requirements from the variants in the special.

K

Exception, I just listed them, and that is because um they were already done two years ago approved.

K

I've, given you the minutes and the notice of decision, and in that respect, it hasn't.

K

Changed at all, I don't know if there's anything joel wants to add. Unless you have questions.

K

That's my submission.

A

I I guess, for my part I would like I would like a real a brief uh explanation as to.

A

Why the changes were made? No, I do not know. I know you alluded to some in general terms, but.

M

Joel is a dorian, I'm the construction supervisor from london bridge itself.

M

Thank you. um Originally, we didn't know that changes weren't allowed.

M

Originally, we made the submission in december. We didn't think that there was a problem in.

M

Most senses we get a variance for that and there isn't such scrutiny on the building.

M

If there are any changes that are usually handed through administrative um dealt with.

M

Through administration, there are a couple things that so when we got the design originally, it was.

M

Not didn't actually have dimensions on it. um I think it was presented more of a drawing right.

M

So then, when we took it to the architect, he he mentioned some making rooms less than 10.

M

Feet wide um you know, based on you, know, extending out this, so it's only got a one foot. uh One foot.

M

Depth to it, instead of having the the I think it had two and a half, maybe three foot depth.

M

The dormers on the back we wanted to make use of space without skylights in general,.

M

uh You know over the years 25 years of building.

M

A skylight always smokes. It always turns into some kind of issue. At some point.

M

We wanted to give those center units some light. The original submission actually had two dormers.

M

The original actually submission had two dormers right here that actually went towards the uh the.

M

Older portion of the neighborhood- and you know, through review after talking to staff, they said.

M

Well, you know this looks a little bit ominous over here, so we brought it back to the original.

M

State other than uh we just kind of squared it all off a little bit more just for structural purposes,.

M

Instead of having major beams sticking through ceilings, things along those lines, it just it.

M

Just made sense, um and- and it's usually something again pretty common- that we do when we you know.

M

We have a drawing we're going to stay, stay within the footprint and then and work our way through it.

M

The fence there is an existing fence there. Already one of the abutters actually had said.

M

That the previous owner to us had uh had told her that he would put a fence up over there.

M

It never ended on the plan, uh so we we figured hey. This is this is a good time we're here right now,.

M

There was something I believe they were going to do through administrative um action, but we're here.

M

Right so I I thought it made sense to just add it to the plan with you guys involved, bring the fence.

M

All the way to the edge, I think that makes sense too um and then, as far as the electrical lines go.

M

It turned out that they didn't have an easement on on the other side of the road uh to put the.

M

Transformer box, so they brought it over to our side. Most most of that wasn't done through me.

M

That the utility company was requirements to them. That's that's the general stuff.

M

That we were dealing with yeah. Okay. Thank you. That's helpful. Any any questions from the board.

H

So was the staff person who told you you had to come back sitting up here on the dais with us.

K

I'm not going to throw peter under the bus, I'm going to say it was a joint staff.

K

Decision it might have been the messenger. What is worth I agree, yeah. I agree with the staff.

A

Okay, thank you that that was helpful yeah. Thank you any other questions for me. Anybody else, mr.

A

Mantle, it seems like if, if this was the original, it seems like now, you weren't part of it. So I get.

B

It it seems, like you, were, trying to copy the design that was already in atlantic heights.

B

And after you went through the planning board and everybody else are like no, we don't want.

B

A copy of atlantic heights well, which is kind of interesting reading. I've read the minutes of which.

K

Are in the packet of of the previous submission- and there was some discussion in the minutes of.

K

How it fit in with atlantic heights, this is an area. That's right behind it is, is, though,.

K

The typical brick atlantic heights buildings, some of which are single-family some, are duplex.

K

But right right, like half a block away, is a like: a wood frame, condo structure, two families and.

K

Houses yeah townhall, thank you townhouses. um So the decision of the board at that time was that.

K

um It wasn't exact, but it was a the way it was designed. Was a nice fit for the for the for the.

K

Area and what what joel and his people have tried to do, is recognize that and make some changes that.

K

Made it more livable, more constructible, um but not do away with the entire approval.

K

You know with the gambrell roof and whatnot okay. Now I was. I was just curious because.

B

Like, like, I said, the very first design looks like one of the atlantic heights duplexes on.

B

Steroids, basically, it's a four unit as opposed to a duplex and energy drink, not steroids. The new one.

B

Is not so much and yeah, I know the property very well. I drove it today. I've driven it three four.

B

Years ago, because one of your abutters on sarah told away is very well known to the city of turkey,.

A

Okay, thank you. Anybody any last call anybody question any more on the board. No okay! Thank you.

A

You're welcome anybody else in favor. Anybody else, there'll be any other.

A

Thing on zoom mister, no one has research, no okay, we do have one. We do steve mcgrath.

C

See go ahead and um hi, I'm sorry! I was muted. Can you hear me? Okay? Now? Yes, yes, yeah hi. um Thank.

N

You for uh this hearing, my name is steve mcgrath. You live at 185 raleigh way and I appreciate the.

N

Board member who just mentioned that he drove the neighborhood and understands what it's like. So I'm.

N

At 185 raleigh way, as I mentioned, that's half a house it's in the back, yet my backyard abuts.

N

This proposed development, that's underway lot, 103 map, 212., I've only owned the home a year or so so.

N

I wasn't here to speak to the original variants and I admit I couldn't really see all the.

N

The the drawings that were going on in the room there on zoom, but it looks like the eyebrow dormer.

N

Is facing the south side, the atlantic point side, not the atlantic heights side, and it looks like.

N

uh There's a little more massing on my side and this um this building is 15 feet from my back.

N

Fence- and I don't have much room between my place in the back fence, so you can understand why I'm.

N

Concerned with, what's going on, so I support the variants with conditions um regarding the roof.

N

Line and some utility infrastructures on the roof line, it's three stories in a neighborhood.

N

Of two stories: two-story brick buildings, hundreds of them um and it's, although it's.

N

In line, I suppose, with atlantic point, the three-story townhouses that were mentioned, it's a.

N

Little bit big it with respect to the two-story atlantic heights homes. So it's a lot and it's.

N

Close and the square off from what I could tell on zoom um makes it even a little more imposing so.

N

The other thing that, by my account, is 13 feet higher than the two-story homes around it. So.

N

There are implications here for the essential character, the community and the property value.

N

Of myself and other butter, so I just wanted to raise that and a second concern.

N

As I mentioned was utility infrastructure, this development has precipitated a lot of activity.

N

By eversource I understand they're, not under city jurisdiction or their easements or whatever, but.

N

They did replace a pole on the corner of my lot, which is fine. It was a dilapidated pole.

N

And now I'm told I don't have any confirmation, nothing in writing, but now I'm told they're going.

N

To plant a second utility pole, this one on my side, boundary um to to the east of my property.

N

So um it's like a 4 45 degree buttress from what I understand forming a triangle of telephone poles.

N

So this is, uh it is in the plans. This is clearly precipitated by the new development and in service.

N

Of the development and uh is, I have to say um I'll, be to joel and his council, that is, is a little bit.

N

Of a blight on the yard, uh diminishing my property value and perhaps that of other butters and I'm.

N

Trying to install a pocket garden there between the aforementioned well-known property and myself.

N

And so yes, it's going to change the essential character of the neighborhood in that regard. So.

M

Yeah, I respect you all. I respect investment. That's already been put in this property, but I do urge.

N

You, um if you could take a clear-eyed, look at the elevation and the new massing and if you could put.

N

A stipulation on this or condition uh stipulations of the word I heard earlier that all new electric.

N

Utility poles and rigging and buttresses, etc, go on the applicant's property and not mine, or that I am.

N

Compensated for this new triangle of telephone pole configuration that that I hadn't banked on so.

N

I think, with those conditions, this would preserve the essential character of the neighborhood. I hope.

N

uh Preserve, I, I hope my property values and be in the public interest uh thanks a lot for your time.

N

One other thing I did want to mention: there's been some damage to my chain link fence, but.

N

Joel conley gave me a verbal offer that he would replace that maybe replace that chain.

N

Link fence with the wood, so I want to thank him for that and I believe he's dealing in good faith.

A

Okay, anything for any ques any questions for the speaker.

A

No thank thank you for calling it participating. Thank you.

K

If I may just yeah, if you want to respond to some of that, we'd, like yes we'd like to hear.

K

Starting with the eversource issue, that's not an that's, not a developer issue, that's whatever.

K

Source requires they they determine what they need for polls. Apparently it's on the property.

K

Line or very close to the property line, one way or the other, but I I don't think that's a site, a.

K

Owner and developer site issue- that's eversource and the gentleman admitted that that the.

K

Poll, that's there is dilapidated, so eversource determines how they need to replace a poll and.

K

Where they're going to go so I don't know what we could say about that in terms of the development.

K

It's I you know, you mentioned a three-story building, but the.

K

Sort of the third third floor is, is you know within the roof line? So it's not a true.

K

Three-Story building its elevations, both ground level and its height, haven't changed.

K

The only thing that changes of any significance is we've gotten rid of some sun skylights on that.

K

Gentleman's side and put in this, which is facing please please, speak into the microphone. As I said,.

K

That dormer's moved a little bit further out and I I failed to see how that change.

K

Can negatively affect that neighbor compared to what was approved by this board two years ago,.

A

Okay, thank you, okay yeah. I would if the call is still talking. I would encourage him to call.

A

As a starting point call public works department, they work with uh public utilities on things on.

A

The issues such as this, they might be able to help you or at least explain why why it's happening the.

A

Way, it is okay, uh anybody anybody else, anything further, apparently, last last last call for two.

A

For or against speakers, seeing none and we're clear are we clear, misters stiff, okay, all right.

A

Okay, public public hearing is closed board. Mr chairman, mr mr question for the city staff.

B

um It's my first motion to amend. The only thing we have to consider is whether or not we like this.

B

Drawing because the variance has already been granted correct, so it's a question of whether.

B

We want to substitute the new plan over the old plan and that's it that's correct and just the.

C

Changes to the building the site plan changes will go through the administrative site plan process.

C

That will be likely signed off on by the planning director so you're, just looking at the changes to.

C

The the building- oh, the elevations, and the design right, not the fence right, that's I mean that's.

C

That's by right, typically and the other site plan changes like the utilities will be part.

C

Of that administrative site plan approval okay, so the proper motion would be to you know, grant the.

B

Well, we can't so we can't grant the variance as they've already been granted the change.

A

Do I detect emotion in that? No, no, it's! Okay! It's eligible! Yes! Thank you.

C

I would like to move that we amend the previously um approved.

C

Very interesting, very interesting for this project. I think the changes. I think we recognize that the.

C

Changes were made for some aesthetic reasons, some comfort reasons inside practicality, costs and.

C

It's a different design, but it doesn't really change. What's happening to that property.

C

And so, for that reason I would request this amendment. Thank you. Is there a second to.

A

Second motion. Thank you. Thank you, mr mental okay. Mr always, your.

A

Motion please well, I don't really have much more to say than that.

C

The applicant explained why they thought they needed to make these changes and we're not a.

C

Design review board, but I don't think it changes the effect on the neighborhood and therefore I.

C

Think that um it can go ahead as planned. Okay yeah, it's kind of hard to apply the traditional right.

A

Five to this sort of a request: yeah, uh mr mantle, um I agree with ms eldridge. Okay, all right, mr.

A

Mr lee yeah, I guess a point of order. Are we voting on both the variants and the special.

E

Reception. At the same time, though, just voting on the immigration voting on the uh um the change.

A

The physical changes to the design as presented to us not we're not voting on the variances on this.

A

All the special exception. Actually it's a it's a bit of a bit of a twist okay, okay, all right any.

A

Anything further before we vote all right is to we're approving the changes, as we see them.

A

On the drawings that we've been handed to uh that had been handed to us this evening, okay, excuse me.

A

uh Miss eldridge, yes, yeah! Thank you, ms margerson. Yes, thank you, uh mr lee. Yes, mr mcdonald, yes, mr.

A

Mental yes and I vote yes as well. Okay, thank you. Thank you very much. Yeah you're welcome. Oh okay,.

A

All right, we'll move on to item g, which is the request of kathryn nolte.

A

And angela davis owners for property located at 276 aldrich road, whereas relief is needed.

A

To remove an existing mud room construct, a covered front porch, which requires the following.

A

One variances from section 10.521 to allow a 33 percent building coverage.

A

Where 20 percent is the maximum allowed b, 7.5 feet left side yard, where 10 feet is required.

A

C: 7.5 feet of secondary front yard, where 30 feet is required, two, a variance from section 10.321.

A

To allow a non-conforming, building or structure to be extended, reconstructed or enlarged without.

A

Conforming to the requirements of the ordinance said, property is shown on assessor map 166.

A

As lot 14 and lies within the single residence b, srb district, who presents this case, please.

C

Kate nolte homeowner of 276 aldrich welcome. Thank you for your time. um Yes, we are proposing.

C

The removal of the existing mud room- that's 10, foot by 8 foot and replacing that, with a covered.

C

Front porch the same depth as the current mud room, but the width of the entire home.

C

The purpose of this new construction is to fix the water and structural issues cost caused by.

C

The poor, construction and design of that existing mud room and create a usable outdoor space for us.

C

We live on a corner a lot, so it's hard to access the exterior from that lot, especially.

C

Given the large set, the large easement and right-of-way on seoul and aldrich road.

C

um That easement we've been maintaining since we've owned the property early in 2018. um So.

C

We would like to have access to the outdoors as the same as all the other neighbors that we have.

C

As far as the five categories, the variance will not be contrary to public interest.

C

The porch would not impede on a budding neighbors, as the width would not exceed the current width of.

C

The house or current depth of the existing mud room it would not alter the character of the.

C

Neighborhood, but only enhance it, the spirit of the ordinance will be observed. The new.

C

Porch would enhance the home's architectural aesthetic, bringing it up to the standards of.

C

The rest of the homes on the street, it would not threaten the health and safety of general public.

C

Substantial justice will be done because the loss of the applicant would outweigh any.

C

To the general public, the values of surrounding properties will not be diminished.

C

This would be a major improvement in relation to the current mudroom and would enhance the.

C

Home's value and bring it up to standards of the majority of the homes in the neighborhood.

C

And then literal enforcement of the provisions of the ordinance would result in unnecessary hardship.

C

Again, due to the elevation of our home and it being a corner lot, we don't actually.

C

Have access to an outdoor area unless we go out into the street in order to access it.

C

Thank you, okay, any anything, qui, any questions from the board for the speaker at this point. No.

A

All right thanks, thank you. Is there anyone else, president who'd like to speak in favor.

A

Of this proposal, please anyone else in favor, mr zoo, mr steve, mr zoom, you are, you are no.

N

One has raised their hand. No anybody present wishing to speak in opposition to this question. No.

A

Anybody present, or on zoom wishing to speak to for or against this is the last call for.

A

Speakers last call going going going gone. Public hearing is closed. Thank you. Yeah you're welcome.

A

Discussion board or perhaps a motion, mr chairman, yes, make a motion to grant um the variances as.

B

Presented. Thank you, mr mantle. Is there a second to that motion to grant? Second? Mr mcdonald, thank you.

A

Mr mantle, you, your motion um driving by this property today, uh taking out the mud, room and.

B

Putting on the front porch would make it look like most of the other properties on aldrich avenue. The.

B

Increase in building coverage is slight.

B

As with any place on aldridge, as far as the five criteria go,.

B

The variance is not contrary granting the variance is not contrary to the public interest. The spirit.

B

Of the ordinance is observed, substantial justice is done, the values of surrounding properties are.

B

Not diminished and literal enforcement of the ordinance would not would result in unnecessary.

B

Hardship and because of this I made the motion. Thank you, uh mr mcdonnell. uh I think mr manles.

E

Has covered everything- uh and I don't see how to improve on that. So I will agree with him.

A

Thank you very much any discussion on the motion before we take the vote. Any discussion at all. No.

A

Okay, why don't we take when we start up, at the other end to vote in the opposite direction? Just.

A

Just for variety sake, mr mantle. Yes, mr mcdonald, yes, mr lee, yes, miss rogerson, yes, miss eldridge! Yes,.

A

And I vote yes, yes as well, the motion is passed. You're all set you're welcome; okay, all right.

A

uh Just to repeat the earlier announcement, the next I item, which dealt with a property.

A

At 108 burkitt street uh has been postponed by vote of this board and at the request of.

A

The applicant so will not be heard tonight, and that takes us to item I, which is to.

A

The request of thomas j and angela meider owners for property located at 81 draft road.

A

Whereas relief is needed to construct a 235 square foot edition, which requires the following: a.

A

A variance from section 10.521 to allow a 7.17.5 foot secondary front yard where 30 feet.

A

Is required, two, a variance from section 10.321 to allow a non-conforming building or structure.

A

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

A

Said property is located on assessor map 247 as lots, 87 and lies within the single residence b.

A

Srb district, who speaks in favor of this request. Please my name is dave sicalone, I'm with yankee.

O

Construction, uh I'm the general contractor for tom and angela maida and I'm speaking on their.

O

Behalf. Okay, thank you. um With your permission, I did bring some extra photos. Yes, yes, start them.

A

Down there, if you would please that'd, be great. Mr chairman, yes, mr mcdonald, um I I had a note.

E

um That this one had requested, no, no, no, no I'm looking at the wrong. No problem did that last week,.

E

A

A

A

Sorry, okay, please go ahead sure from the uh figure over here we can see we're proposing.

O

A small 235 square foot addition in the uh I guess: that's the northwest corner of the home.

O

Due to the due to it being a corner a lot, there is secondary frontage along ellen, so.

O

This is a previously non-conforming lot. It is. The house was built within the setbacks.

O

And so this addition actually would then extend into that uh secondary frontage along elwin.

O

So I prepared the following statement uh in support of this variance application.

O

uh In accordance with the portsmouth zoning ordinance section, 10.233.20.

O

And so starting with uh the beginning, the variance will not be contrary to the public interest.

O

The proposed addition will not be contrary to the public interest. The overall.

O

Addition footprint of the 235 square foot is small in size and will be.

O

Constructed in a manner that will be architecturally similar to the home.

O

The neighborhood is generally comprised of similar sized homes with many of them.

O

Which have had similar additions and as far as the public interest at this point.

O

The corner lot itself as you all, you can see in some of the photos I passed out.

O

There was a previously existing fence that was uh there when tom and angela bought the property. It.

O

Does not it does not comply with town ordnance, it's too tall and too close to the road. The.

O

Fence will actually be removed as a result of this project, and that view looking either you know so.

O

The first two photos are effectively looking from the corner of taft and elwynn looking west along.

O

Ellen kind of one zoomed out and one is zoomed in and then the following two photos are from their.

O

Rear butters driveway looking east along elwin, so that entire fence line would be brought back.

O

You know in line with that northern side of the house, and so it actually wouldn't quite.

O

Improve the safety of that intersection with having a clear line of sight around that house.

O

um This, as far as the spirit of the ordinance will be observed,.

O

um You know typically, the in the single residential district. You have a 10 foot side yard.

O

Set setback but due to this being a special lot on a corner, they do have that 30 foot secondary.

O

Setback- and you know even still with this addition, they will they'll be 17.5 feet from that.

O

Property line along elwin, so they will be within the 30 feet, but not you know, I think.

O

Egregiously far and will be an improvement from the condition of that fence that exists there now.

O

And so yep, so the visual space will be improved. um Substantial justice will be done. The proposed.

O

Edition does not infringe upon any neighboring properties or homeowners. I think certainly from.

O

The photos you can see that the rear butter will have a much better view. Looking along l1.

O

When they're trying to merge out into traffic, it does not negatively affect the general public and.

O

There would be no foreseeable gain to the general public by denying this variance and alteration to.

O

The plan would result in unnecessary costs to the owners they're just trying to do a master bedroom.

O

Edition that is where the current master bedroom is on. The house is just quite small and relocating.

O

That addition and any other portion on that house would require, like significant alteration to their.

O

Kitchen or bathrooms areas that would be much more costly to modify and change and due to.

O

The configuration of the backyard you can, you know, move moving. The addition over would really kind of.

O

Impact the use, I think, the enjoyment of that backyard whereas, like that that's kind of.

O

Where they have some privacy from elwynn on that side, and it would, you know, be right, dead.

O

Center of the yard to move it anywhere else within those setbacks, as shown on that figure.

O

The values of the surrounding properties will not be diminished. The.

O

Proposed edition will be constructed in an aesthetically pleasing manner. They would.

O

Not diminish the values of the neighboring properties, the addition would be expected to.

O

Add value to the home, thereby having a positive influence on the surrounding properties.

O

The last one, literal enforcement of the provisions of the ordinance would result in an.

O

Unnecessary hardship, the proposed edition will be utilized as a master bedroom and has been.

O

Situated in the property both to offer aesthetic value and function as the, how is tied into the.

O

Existing structure, altering the location of the addition would require to be larger, either to.

O

Be a larger in size or impact more of the existing home. Both instances would result in an unnecessary.

O

Cost to the homeowners while offering no benefit in either aesthetic or function.

O

And I guess I have a few notes on just the general lot dimensions and size of the home and so forth.

O

Does the board have any questions for me.

A

Not not at this point, I guess no, if you want to give us just a very quick thumbnail of of the.

A

Size of the of the lot sure yep the lot size is, uh it's 8, 765 square feet, rounded off to 0.2 acres.

O

uh The existing footprint of the home is 1 560 square feet. That includes the small.

O

Garage, that's on the the southern end of the home, and so this proposed addition of 235 square feet.

O

Brings that basically, to a total of what is that 1795 square feet? I believe, when you do.

O

The math on that, it's it it's actually at 20 percent coverage on that lot.

O

The then, if you add the driveway coverage and some other impervious coverage due to small.

O

Patio outback they would the total lot coverage would be in effect, uh 22 percent covered. Okay,.

A

That's anything anything further from the bullet. At this point, I guess I guess not.

A

Thank you. Anyone else present wishing to speak in uh favor of this. Please come up anybody at all.

A

Anybody on zoom, mr smith, no okay, we're clear; okay, anybody in opposition, any speakers in opposition.

A

And president aaron zoom, no okay, clear last call for speakers on this project in any fashion. Okay,.

A

We're closed with the public hearing. Excuse me: what's your: what's your desire on this board.

A

Anybody have a.

A

A

Ms elders did I detect okay.

A

What a smooth talker I am. um I think this is a very modest request. I think for the change and.

C

Having two a secondary front yard always seems to complicate things. It creates its.

C

Own hardship, often enough, so I think that the change in the slight change in the front yard.

C

For that slight change, I think they're getting a. I think the miters are getting a big advantage.

C

And I think that it's a good trade-off granting the variance would not be contrary to the public.

C

Oh sorry, do I need to say I do this? No second, sorry, no, no, my fault! So, okay! Second, mr man, there.

A

You go. Thank you. Thank you. Thank you. Granting the variants would not be contrary to the public.

C

Interest it would observe the spirit of the ordinance they're, improving their home they're, not.

C

Changing the character of the neighborhood in any way.

C

It would do substantial justice, the change for the family would be um far greater than.

C

Any effect it would have on anybody else. It certainly won't diminish property values at.

C

All it's a nice new addition, a slightly larger home, it might even increase the values. The.

C

The there's, no substantial relationship does not exist between the general public purposes of the.

C

Ordinance and the specific application of that provision to the property and the proposed use is.

C

Very much a reasonable one and.

C

For those reasons, I suggest that we approve this. Thank you very much.

B

um I agree with everything miss eldridge said uh it's a very small request and because it's on a.

B

Corner lot: it's got that quirky double-sided front yard, so that will support the motion yep. Thank you.

A

Yeah, the neighbor on that side is the street yeah elwin. Okay, anything further, if not I'll,.

A

Let's vote on the motion, which is to present to approve, excuse me as as presented mr mantle.

A

Mr mcdonald, yes, mr lee, yes, ms margerson, yes, miss eldridge, yes, and I vote yes,.

A

As well so you're also you're you're approved you're welcome.

C

It's ten, so we need to take about to go past ten yeah yeah, it's time time for our traditional.

A

If we wish to proceed with any new business after 10 o'clock,.

A

Can we will someone be interested in doing that.

A

Thank you second, was that a second second second, thank you voice vote will be fine. Those in favor.

A

Proceeding yes, yes, I opposed none. Okay, we will charge on and the last item of the evening item j.

A

On the agenda reads as follows: the request of christopher mulligan applicant and.

A

140 west road condos owner for property located at 140 rest west road. Excuse me, whereas relief.

A

Is needed to convert an existing structure into a private indoor recreation facility, which requires.

A

The following one: a variance from section 10.440 use number 4.30 to allow the indoor.

A

Recreation use with a lot where the use is not permitted to a variance from section 10.1113.41.

A

To allow parking to be located two feet from the front lot line where 50 feet.

A

Is required said property is located on assessor map 252 as lot 2-13 and lies within.

A

The industrial district who speaks in favor please good evening, mr chair now, for something.

F

Completely different, this is a request for a use, variance in the industrial zone with.

F

Setback variants thrown in as seasoning for the dish, but for the record, I'm chris.

F

Mulligan from bozon and associates here in portsmouth, I'm here on behalf of the applicant.

F

The actual applicant is road to the west llc, um that's the owner of the property with me is alex.

F

Joket, the principal of road to the west, also with me, is grant chambeau sitting behind him. Who would.

F

Be the general manager of this facility should it get approved.

F

I also have with us uh the design and engineering team uh mark giannani from.

F

Mchenry, architects and alex ross from ross engineering, um so the proposal here is to.

F

Convert the former blitz trampoline park at 140 west road.

F

Into a private member, only indoor recreation facility, mr choket's background.

F

Is among other things, owning and operating um centers and clubs, so he has a lot of experience.

F

Running facilities that operate on a similar membership only.

F

Basis, um and um just a little bit about mr choquette he's um very philanthropically inclined.

F

um He's on the board of the new uh mona museum museum of new art, uh which is on the first floor.

F

Of jimmy's on congress street, it's also been heavily involved with crossroads and gather and.

F

He hopes to be able to use this facility and make it available for charitable events in the future.

F

Because it really is a unique facility, the way they've planned to use it. He also.

F

Has agreed with chief newport, to allow the police department to use the facility for.

F

The laser rifles and other handgun type training, so we feel that this should be a.

F

Positive benefit to the community to allow this project to go forward. But.

F

In general, the project would be to make a series of internal improvements to the the property.

F

Where we would have uh various indoor gaming recreation um stations for lack of a better word.

F

um We'd have various golf sport simulators uh there. I think, as you can see, on the.

F

Plans axe throwing lanes, billiards, um arcade games, there will be a small gym area and an accessory.

F

Lounge area: in addition, there will be over 3000 square feet of office space at the facility.

F

A portion of which would be accessory to this particular use.

F

The building is in the industrial zone. This is not a permitted use. Frankly, it's not a permitted use.

F

Anywhere in the city, um but um it's certainly not a permitted use in the industrial zone uh in 2013.

F

I believe it was the prior owner obtained a special exception to operate the blitz facility.

F

At this location, under what I think was a pretty generous.

F

And liberal reading of the ordinance which permits health clubs by special exception.

F

It's trampoline park, but it ran a similar model. It was on a membership model similar to a health.

F

Club and that's the same uh model we expect uh or that we intend to run for the indoor.

F

Recreation club that we're proposing and some of the benefits of that is, it will permit us to.

F

Establish reservations if it's necessary and also to control and coordinate.

F

The use of the facility and and movement onto and off of it.

F

So that's the the use. We also need a.

F

Variance because some of the improvements we're proposing to the site will move the parking area.

F

Closer to west road in an industrial zone, we're required to have parking facilities and.

F

Infrastructure at least 50 feet from the front of the property as it stands, the at its closest.

F

Point the parking area is six and a half feet with the improvements we're making, which include.

F

Putting in code compliant 24 foot travel aisles at its closest point, the parking structures will.

F

Be two feet from the property line, so it's already a pre-existing non-conforming.

F

Condition and we'll be making it slightly more non-conforming, although I don't think anybody's.

F

Going to ever notice, but we're doing that because we're making the travel aisles conforming.

F

And it's it's just a safety issue. We would expect that as we move through site review.

F

They'll make us do that anyway, so we've just engineered it into the plans. So that's the.

F

The relief we need for the the parking setback, so that's the project, the variances. We need.

F

um I I think we meet all the criteria for the variance um both variances so granting.

F

The variances will not be contrary to the spirit and intent of the ordinance, nor will.

F

It be contrary to the public interest. Again, you have to consider those together and the.

F

Test is whether or not the uh if the variances are granted. Would the project substantially alter the.

F

Characteristics of the neighborhood or threaten the health, safety and welfare of the public.

F

Here the essential characteristics of the neighborhood would remain completely unchanged.

F

In my opinion, this is a fully developed site, we're not proposing any major changes to it.

F

The structure itself, the building, will not change in any material way. The use of the building that.

F

We're proposing, I think, is similar enough in character to the previously approved indoor.

F

Health club, which was really a trampoline park, that the essential character of the neighborhood.

F

Will not be changed. This is a very varied neighborhood. You've got a supermarket. You've got.

F

A public utility storage station you've got the dpw. You've got a number of um commercial entities.

F

Nearby there was a skating rink that was actually approved a few years back further down west road.

F

But never built so the essential characters. uh Character of the neighborhood will not be changed.

F

This still has to go through site review if we get past this hurdle tonight, so the health safety and.

F

Welfare of the public will be adequately protected. Substantial justice will be done whether or not.

F

Substantial uh justice is done by granting a variance requires you to balance the loss to.

F

The applicant, if the variance is denied against some gain to the public, if strict conformance.

F

With the zoning ordinance is required here, I don't see what gain their would be to the public.

F

Again, this is a fully developed site. We have some communication and I'm going to ask to approach.

F

Thank you, sir. um From our nearest a butter uh standard of new england, uh plumbing supply.

F

They're in favor of the request, um so uh I I don't see if there I don't see how there is.

F

A loss to the public or to any private rights by granting the variance that we're requesting.

F

um In addition, um the improvements that we're proposing to the site will um require relief.

F

From the parking setback, however, the trade-off for that is that we will be constructing and.

F

Installing code compliant and safe maneuvering aisles on the site, which is a benefit to the.

F

Public, so substantial justice will be done by granting these variances.

F

Values of surrounding properties will not be diminished.

F

The mass and scale of the existing building stays exactly, as is all of the material changes to this.

F

Property will be inside where nobody will notice them unless they're actually visiting the facility.

F

Again, fully developed site there's no significant changes except changes that.

F

Are going to be for the better and again we have a letter from the nearest affected butter.

F

Fully in favor, so values of surrounding properties will not be diminished.

F

Finally, there are special conditions associated with this property, which prevent its proper.

F

Enjoyment, under the strict terms of the zoning ordinance constituting an unnecessary hardship.

F

um So the the unique factors with this property are its existing built environment and the fact.

F

That it's situated at a 90 degree bend in west road. So it has a significant amount of frontage.

F

That's subject to the 50-foot parking setback doesn't have any side yards, so those are unique.

F

Characteristics, it's non-conforming as to the parking setback as it is. The prior use.

F

Was permitted by special exception, but we feel this is a similar in.

F

Concept or similar enough in concept that there's no fair and substantial relationship.

F

Between the prohibition of indoor recreation and its.

F

Its application to this particular property, um the use- is a reasonable one. um There are a variety of.

F

Commercial industrial, municipal and other uses in the immediate neighborhood. This will not impose.

F

Any uh unnecessary or unworkable burden on the environment or on the surrounding neighborhood.

F

So it is a reasonable use and then there's no fair and substantial relationship between.

F

The purpose of the ordinance and its application of this property.

F

The parking setback relief is minimal and it's necessary to accomplish other ends. That is to.

F

Make a more safe and compliant conforming travel aisles and the as I've stated, the.

F

Prior use of the trampoline park is similar enough in character to what we're proposing here. That.

F

Prohibiting it makes no sense, in my opinion, so the purposes of the ordinance is not frustrated um in.

F

Any manner by what we're proposing- and we hope you agree- that this is a good reuse of this existing.

F

Built environment on the site and grant the variances we've requested.

A

Thank you any questions, ms margins. uh Yes, so chris you had said that private indoor.

H

Recreation was not allowed anywhere in the ordinance. I think I probably misspoke. Okay.

H

You may want to rephrase that no, I just indoor recreation uses are allowed by the ordinance. I.

H

Don't think they make a distinction between private and public. I think that was that's.

F

A better way of saying what I should have said: okay, because there is a golf place that.

H

Moved into the tuscan market, that's right, the private indoor, recreation area, that's correct!.

H

Okay, so it and it is allowed in a lot of the zones of the city, cd5 um office and whatnot, either by.

H

Special exception or just outright permission, so that's it yep, yep you're, correct. Thank you.

A

Anything further at this point. No thank okay. Thank you. Thank you.

A

Anyone present who wishes to add to the positive comments anybody else.

A

In favor of the project wishing to speak, mr, mr smith, no, okay! Anybody in the.

A

Opposition anybody wish to address the board in opposition on site or via zoom. No okay, all right.

A

Thanks to for against last call seeing nobody we'll uh go ahead and close the public hearing.

A

uh Board, what's your uh what's your pleasure with respect to this application? Mr chairman, yes,.

A

Mr manuel question for the staff sure and going to chris original point if blitz blitzer park did not.

B

Go for the special exception, whatever the liberal reading was and went for a variance, he wouldn't.

B

Have to get this now correct, I I believe he would because it's a completely different.

C

It's not a trampoline park, they would have gotten approval for a trampoline park.

B

An indoor recreational facility right, but it's it's what's presented so they were.

C

Presenting a trampoline park, this is there's trampoline, it's completely different, so.

C

Even if even if this was a special exception, they would need to come yeah.

C

So here we are, I remember that yeah, my initial, my initial impression was the same as yours as.

A

I remembered that and I consider that one is one's one kind of an indoor recreational use.

A

And another's and another kind of renektor rector, it's representations yeah. I yeah. I remember the.

A

That case, when it came up the the last time and way back it had other uses as.

A

Well, which weren't mentioned, do you remember? Yes, yeah was the store on there one time yeah.

H

And just to note, the zoning ordinance does say that.

H

It cites some examples of indoor recreation use, such as a bowling alley or an arcade, but that list.

H

Is not exhaustive, it is just meant to describe and endure recreation use, yeah sort of examples here.

A

Yeah I mean I I have I mean this is a sort of this is a similar um application in some ways.

H

I have much less problems with this because of the application of blitz in the same area for so long.

H

Which I had actually been inside, I also don't think there's a sort of heavy industrial use.

H

Around this, this particular property that we saw early in the evening.

H

So I I think most likely, I'm in favor of it. Okay. Thank you. Any other general comments about the.

A

Proposal, if not, does someone have a motion they're willing to offer he or she.

A

Anybody anybody.

A

Mr lee yeah I'll move to uh I'll move to approve.

E

Thank you is there a second to that motion to approve, please.

A

Second, second, mr mantle, thank you, mr lee. Your motion all right, so we have two.

E

Two variance applications one to allow indoor and outdoor indoor recreation where the use.

E

Is not permitted and to allow parking two feet from the front line where 50 feet is required.

E

I think both those of requests are not contrary to the spirit of the ordinance and.

E

Not contrary to the public intent, they observe that, as the speaker said, the.

E

The first use is is certainly reasonable. It's going to be basically a indoor recreational.

E

Facility with laser shooting and golf and axe throwing and all that sort of thing so.

E

That, certainly, is what what qualifies that and the.

E

As for the, as for the uh parking located is again, the applicant said it's going to make.

E

The travel range more code compliant and easier to maneuver in so that seems to check that box.

E

Moving on down the uh criteria, substantial justice here is done. The benefit to the applicant has not.

E

Outweighed any harm to the general public or anybody else because of this is in a kind of.

E

An industrial retail area, I don't see any values to the surrounding properties being diminished.

E

In any way, and the literal enforcement of this ordinance would result in an unnecessary hardship.

E

The necessary hardship in this case would be because of the.

E

The applicant is boarded by the zoning restriction and then it's this use is not permitted without.

E

The variance so that would uh make this property distinctly different from similarly prop. Similarly,.

E

Situated properties- and you know the proposed use- is a reasonable one. So for those reasons I.

E

uh Remove both these variances be approved. Thank you. Yes, I can help oh cool. There was oh sorry.

B

I agree with what mr lee said can't add to it. Thank you.

A

Anything anything further before we take the vote. Okay, um I would just like to say that I.

H

Mean it doesn't seem like an industrial use, cannot take place on this property, but I do.

H

Note that this property has been vacant for a while, I don't see any industries.

A

Yeah: okay, uh if there's nothing further, we'll vote starting down there. uh Ms eldridge! Yes, thank you.

A

Miss margerson, yes, fiscally! Yes, mr mcdonald. Yes, mr manuel and I vote yes as well. Thank you. Okay done.

A

Yup you're welcome.

A

Okay, have we been here long enough board.

J

If so, some would, I think, you're getting sure you should get an easy vote on that one do.

A

We have a motion to adjourn. Mr mantle did I hear there's there a second to that motion.

A

Second, second, thank you, those in favor, aye, aye, all right opposed. Thank you. We're done.

A