City of Portsmouth, New Hampshire Board of Adjustment, 17 Jan 2023

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From YouTube: 1.17.2023 Board of Adjustment

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1.17.2023 Board of Adjustment

A

Here comes jeff uh good evening. Welcome to the january 17th board of adjustment meeting.

B

My name is phil louis eldridge and I'm the new chair of the zoning board of adjustment.

B

Large number gender items submitted for tonight's meeting. I would like to propose splitting the.

B

Agenda and postponing new business items e through I to next tuesday january 24th, 2023.

B

Thank you is there a motion to that effect? Second, okay. All, in fact, do I need a roll call for this.

C

um We can do a roll call, yeah, okay, roll call, um mr mantle. Yes, mr mcdonald, yes, miss marjerson, yes,.

B

Ms mr room, uh yes and mr rossi yep and mr matson, yes and the.

B

Chair of those votes- yes, so we will be seeing each other again on january 24th,.

D

B

I would like to ask the board to consider taking item 2c out of order to postponed.

B

Consideration to the march 21st 2023 meeting at the request of the applicant, that is the.

B

Request of 635 sagamore development llc for property located at 6, 35., sagamore avenue.

B

Make a motion to postpone it to our march march 21st meeting yeah.

B

Is there a second well point of order? Madam chair, uh your first motion is to take it out.

E

Of order, I believe I would move to take it out. I would move to take it out of order.

B

Is there a second to take it out of where it is okay, all in favor all right? Okay, so.

B

Now this next motion is to postpone it the request to postpone, until the march 21st.

F

F

There, no speaking opportunity based on.

F

The request for a post: no, there is not there's. No, it's not a public meeting.

B

Even though this has happened, we don't postpone it okay. Could you just explain for the group.

F

That's here in opposition, could you explain why they have the right to postpone it and that's.

F

It that would probably be okay. This is a little irregular, but I will I will do this for a minute.

B

um Every petitioner has the right to postpone, and as far as I understand I.

B

Think the postponement was to try to reach some sort of better ground with the neighborhood.

B

And since this is allowed we're going to allow it is.

F

And I get the point about the notion that that we need to respect the applicant. But the butters.

F

Do not have the opportunity to ask the board to rule on it and then the if the applicant.

F

Then needs to come back with a different one. They do, but it just seems like it's. The can is getting.

F

Kicked down the road and that may seem that way, but this follows the rules that we work under.

B

So that's the way, that's the way it's going to be if the board votes so yeah. If, if there is.

C

Anybody present here that has any questions on how the board proceeds and and points of order.

C

I'm happy to get in touch with you. My name is stephanie casella, I'm the staff member so feel.

C

Free to reach out to me on staff- and I can help explain um in more detail outside of the meeting.

B

So is there a motion to postpone until march 21st, so moved? Okay, thank you, mr manila. Is there.

B

A second second, second, okay! Thank you, mr mcdonald, um steve. I haven't seen from that book right. I'm.

B

Accused as well, yes, yes, you are okay, so um we get requests. Super postpone all the time.

G

um And there were two routinely granted simply because it's the applicant, it's their applicant.

G

um If they're not ready to have a hearing in front, if they're not ready to have the.

G

Hearing in front of this board, and they want to delay it it's up to them, it's their petition.

G

I mean if they made a request to withdraw. They had the opportunity to do that as well.

G

So they're making requests to post postpone until two months we return we tune routinely grant these.

F

No, I'm sorry, excuse me this really. This is not a publication, it isn't a public hearing, so.

G

So, mr mcdonald, do you have anything to add, I think instrumental has expand, explained.

H

It clearly and sufficiently- and I have nothing to add okay. Thank you.

B

All right, we will do a roll call on this. Mr mantle, yes, mr mcdonald, yes, miss margerson, yes,.

B

And mr matson? Yes, okay and the chair votes. Yes, so this is postponed until march. All right.

B

The next item of business is approval of the minutes of the december 20th 2022 meeting. Is there.

B

Any discussion about these any corrections yeah with regard to the postponement of 635 sagamore at.

A

That meeting uh the right, the minutes incorrectly state that it was a 6-0 vote to postpone. And I.

A

Abstained right, that's an accused member! Okay! Thank you. Thank you. Any other corrections, mr.

B

Ruin? Yes, uh thank you, madam chair, uh on page 14, about the middle of the page under discussion and.

E

Decision of the board the sentence starts, mr am said there used to be nothing in the zoning board.

E

About fence heights uh change, the word board to ordinance there's nothing in these are sending.

E

Ordinance about fence heights other than that the uh and it's are very complete and detailed.

E

Further comments: okay, miss much! Oh yes! So, on page seven, just working backwards, page seven.

I

uh The first fill paragraph, the second sentence, I believe what mr raymond said: that night was he.

I

Said it went back to the ordinance which was put together and I think he said several city councils.

I

Not several boards, I will defer to mr ram on that, but I think that's what he said there.

I

And then, on page one uh former chairman, jim lee, left the board he he wasn't reappointed.

I

He didn't leave the board so just uh just a correction. There yeah just for clarification.

E

I think I said that it went through the planning board and and the city.

E

City council- I I thought it was close enough, but yeah it could. It could be clarified to indicate.

E

Both the planning board and the city council approved the ordinance. So if all these corrections.

B

Are accepted, then we will um vote for the amended minutes. We'll go the other way. Mr metzen, yes,.

B

And the chair votes yes as well: okay. So the next item of business is first item of old business.

B

And it's a request by sherry holmes and yvonne goldsberry of 45 richmond.

B

Street they request a one-year extension to the variances granted on january 19th.

B

Because they are having trouble finding a contractor to complete.

B

The work which would have to be done by mid-january.

B

This is not a public hearing. Okay,.

B

So is there a motion to allow this request? I moved to uh allow.

A

The request for uh extension: okay, is there a second second? Thank you.

A

Yeah, okay: uh these are routine requests that we receive uh when people have difficulties.

A

uh Securing a contractor or completing the work they're within their rights to get an extension.

A

Because it was a timely submission uh within the one year of the original approval uh mar.

A

Entitled to a one-year extension, therefore, I approve- or I suggest we approve the.

A

The request okay, mr matson, do you have anything to add? I agree. It's a reasonable request. Okay, all.

B

Right so we will vote upon them. I'm sorry, are we having this point of order? Do we have discussion.

B

We would like to have yes, certainly, okay, thank you. uh I I will support the motion.

E

Although I do want the board to be careful, um so we used to have a one-year time frame after.

E

Approval from the board, where the applicant was required to get a building permit that.

E

Was extended by new hampshire state law to be two years, so it used to be one year with.

E

A potential one-year extension it's now two years with the potential one-year extension.

E

um I would I would not call it automatic. um It is something that the board should consider carefully.

E

Before allowing uh additional time understand that the effects of covid are probably legitimately.

E

Continuing to be used during 19th 2020 was still a time frame where there could be concerns about.

E

Being able to compete and for getting a contractor in place because of covid concerns and other.

E

Things going on um so I do think it's probably fair to ask for that extension for this particular.

E

Application, but we should be cautious about it. The applicants have been given that extra year by law.

E

And uh so giving that third year to me is a little bit more extraordinary. That's all.

B

I'm gonna vote for this because neighborhoods change things change and a lot more in two years than one so. But having said that,.

B

We will now vote on this. Mr, yes, yes, yes, mcdonald's! Yes, ms margison! Yes, mr brown, yes.

B

Mr rossi, yes, mr matson, yes and the chair votes, yes as well, so that extension has been allowed.

B

Okay, um item b, you know business again. There is no public comment, it's not an open.

B

It's not a public meeting for 67 ridges court request for rehearing.

B

So what would we like to do like this? I guess I would like to start by making the comment.

A

Which is that I voted to uh proceed with the hearing when it came before us the last time I.

A

Did not believe at that time that it presented a fischer versus dover problem. I still do not.

A

Believe it presents a fisher versus dover problem based on the submitted request, we're hearing.

A

And I think it's an unfortunate byproduct of the city council's lack of appointing additional board.

A

Members that we end up in these situations, where we've got these like a 2-3 split, and so it's not.

A

A clear and decisive answer, one way or the other, and I don't think the applicant should suffer for.

A

That it's putting it's putting applicants at a disadvantage, so it's my hope that the.

A

Council will correct that and appoint additional board members, but in the meantime I'm inclined.

A

To support the request for rehearing, thank you any other. Just uh yes, thank you, madam chair. So.

E

um I got an opportunity- I was not at this meeting, but I got an opportunity.

E

To both review the first time the applicant came before the the board. The second time.

E

um That both application packages and then I did watch the meeting in question uh and watch.

E

The section in regards to the discussion about fisher v, dover for this particular application.

E

um There I do think there were a couple of regularities there that I would be cautious.

E

About for the board- and I I think the reason for really granting the applicant's request is that.

E

First of all, the motion was to not invoke fisher vet over, which is unusual, the usually the the.

E

Assumption is is fisher v. Dover is something that only would be invoked by a motion of the board.

E

So that would be the normal motion um as a result of that some of the discussion kind of got skewed.

E

In sort of the opposite direction, in terms of of why it didn't, as as opposed to why fischief dover.

E

Should be invoked, I do know those comments from mr mantle about their thoughts as as well as.

E

Mr lee as well, however, it was somewhat limited and then the deciding vote by the acting chair.

E

At the time um really was no real explanation as to why the feeling was that fisher v, dover.

E

Should be invoked by the by the acting chair, so I I think that um there's if this were to go to.

E

To a a court decision that the board could be vulnerable with not really having like a lot of.

E

Detailed information as to some of the thoughts behind the fisher v dover in invocation in my.

E

Mind to prevent that. um I think the easiest way is for the board to go and grant the request for.

E

Rehearing that rehearing could be a more detailed discussion about fisher v, dover or it could decide.

E

That fishery dover didn't apply, but it doesn't necessarily mean that the applicants new design.

E

Is still not going to fail right, but it would give an opportunity for the applicant to fully.

E

Understand all the board's concerns in regard to either issue um should should the applicant.

E

Not prevail in the following following on meeting so so my thought is, is it's unusual? Normally we.

E

Want the the board's decisions to be final but, uh as was noted, it was a five-member board. There was.

E

um Some, you know limited participation. I think that it would be in the board's best interests.

E

From a legal standpoint to uh to reconsider this at the next meeting, thank you any other comments.

G

Well, I'll go back to what I said originally, even though the size of the project has has reduced.

G

um None of the objections that we found with the original denial.

G

Were changed? They were all still in place.

G

My objection to [music] um surrounding property values somebody else's objection to uh hardship.

G

I remember a third person saying well that the entire project was inside the wetlands boundary.

G

Nothing, none of those objections have changed with the new project. That's why I voted the way I voted.

I

For a motion for rehearing is whether or not we would like to correct our own errors or there's.

I

Been a misapprehension or mistake of law, or fact I was not at this hearing I did watch the the.

I

um I was out sick. I did watch the tape on this. I believe that the board came to the right.

I

Decision on this, if it was barred by fischer v dover, so I will not be supporting a rehearing.

E

Just yeah, oh man, thank you, madam chair, so just one other thing I forgot to mention um it was.

E

Sort of mentioned late by the applicant's attorney that the uh criteria also potentially had changed.

E

From the original application, where uh there was 30 feet required, the applicants representative.

E

Indicated that, through the averaging method, that is allowed for the zoning ordinance that the.

E

Actual requirement was 19 feet now, admittedly, that isn't technically a change in the zoning.

E

Ordinance but it is a changed. Substantial change in the applicant's recognition of the.

E

Relief necessary to be granted by the board so again the app could change their design and also.

E

um You know had a different uh standard or requirement for the actual relief that was.

E

Necessary and and again the board could simply decide that fisher feed over is is applicable.

E

But I just think that, with the information that was provided at that hearing, that we would be.

E

Better served to re-hear it and, if necessary, redecide, whether or not fischer v dover replies.

B

Any other comments uh I would yeah. I would just add that uh my position hasn't changed.

D

Since the previous uh and I I would be interested in uh voting a favor overhearing.

D

Which isn't the same as approving the project? It's just no right completely interested.

B

And my position has not changed either. I do not believe that we aired when we just.

B

When we discussed this the last time and therefore I would not vote for rehearing.

B

If there are no more comments, I will be looking for emotion from somebody.

G

um I will make a motion to deny the rear. Is there a second.

B

Mr mantle uh as I've said before, um I do not believe that.

G

Material changes would have would have altered the original decision for that decision.

G

Because all the objections that the board members found with the application were still in play.

I

And my no, my second will just say that I don't believe that the board heard.

I

um In reaching its decision.

B

Prior to vote, okay, then we will call the question mr mantle motion to deny the motion is to.

B

Deny yes, mr macdonald? Yes, miss marjerson! Yes, yes, no, mr rossi! No, mr matson! No and um I will vote yes.

B

G

Four three: four three yeah; fourth, three: okay, all right! So moving on to.

B

The next item of this I'm sorry I have without my computer working I'm overwhelmed with paper.

B

Okay, our next item of business is the request of nissley llc owner for property located at.

B

915 sagamore avenue, whereas relief is needed to demolish the existing building and construct new.

B

Mixed juice building, which requires the following one: a variance from section 10.440 to allow a.

B

Mixed-Use building, where residential and office uses are not permitted, two, a variance from section.

B

10.1113.2 to allow parking to be located in the front.

B

Of the principal building, three variance from section.

B

10.114.31, to allow two driveways on a lot where only one is allowed said: property.

B

Is located on assessor map 223 lot 31 and lies within the waterfront business district.

B

I'm sorry before you start, I just want to say the graduals, which I have not.

B

Said tonight um each petitioner is allowed 15 minutes and if you think you might need.

B

More than that, we ask that you ask prior to beginning your presentation.

B

Each public speaker is allowed five minutes, whether in favor against or 2-4 or against.

B

Please go ahead. Thank you, madam chair members of the board for the record attorney derek durbin.

J

I'm here on behalf of the applicant, I also have with me corey caldwell from tf moran.

J

Engineering behind me, brian rodens, as well who's the architect working on our project.

J

So the property at 915, sagamore avenue, which I'm sure many of you familiar with, is just.

J

Over an acre in size, it does have approximately 270 feet of road frontage on sagamore avenue.

J

It's also accessed by a 25 foot, wide right away that runs along right off of sagamore avenue and.

J

Accesses the property to the rear you'll see that there are parking areas there's a fairly.

J

Significant one to the front of the property there's also a fairly significant one to the.

J

Rear at the front being paved, I believe the rear is mostly sort of gravel and dirt.

J

The property does have a significant grade drop from sagamore avenue if.

J

You look at it from east to west and also from north to south, towards sagamore creek.

J

This it's the southern portion of the property that actually drops down to the creek. That part.

J

Is heavily wooded, it also is comprised of ledge has a pretty steep drop off as you'll see through.

J

Several of the pictures that were submitted with the application, while the property is considered.

J

To be waterfront by definition, the sagamore creek is essentially inaccessible from the higher.

J

Elevations of the property due to the topography, the drop-off that goes down to the creek.

J

uh On the southern side that, if you're familiar with the property, it's basically accessed at least.

J

If you, if it had regular access to the water, it's basically an inlet that off of sagamore creek. That.

J

Makes it a waterfront property? It's not! Actually, it doesn't have linear frontage along what I think.

J

Many of us would consider to be the creek itself, so it is a interesting property in that respect.

J

um There is a two uh story: building on the property that building previously uh served.

J

As business location for portsmouth scuba still, I believe, has the signage on the front unless.

J

It's been taken down recently. There is a mooring of machine shop, business located.

J

On the first floor of the building and that's accessed by the rear parking, there is on the.

J

Second, floor of the building, some type of at least the people at the property told me it's.

J

Some type of forestry related business that's accessed by the front parking area. I wouldn't.

J

Necessarily call the property a junkyard, um it's pretty close to it in its existing state. It's.

J

Certainly an eyesore: there are a lot of inoperable vehicles, equipment on the property lobster traps.

J

um Debris other things just basically scattered throughout the property in its existing state.

J

I did include an aerial photo with the submission. I'm not going to point to exactly which page that.

J

Is in your packet because I don't recall- but there is, along with the photographs that were submitted.

J

With the application, an aerial photograph that kind of depicts some of that debris, so you can.

J

Get a general sense if you haven't actually visit the property itself as to its existing state.

J

From a zoning perspective, the property is uniquely situated. I don't believe that you.

J

Could necessarily define the surrounding area by one particular use I did include is exhibit a to.

J

My narrative, um I showed sort of the the general zoning that surrounds this property. It's a mixture.

J

Of of different zoning, I won't get into all that specifically, but to the northeast and west many.

J

Of the properties are zoned for residential uses to the south. Most of the properties are.

J

Zoned for a business or a mixed use, so it it's. It is very uniquely situated in that.

J

Respect, obviously, there are some other waterfront business properties in that area, but, as noted.

J

In the staff report, five of the waterfront business zone- properties surrounding it are.

J

Actually used for residential purposes before I get into some of the proposed improvements, I.

J

Just like to allow corey caldwell an opportunity to just discuss some of the existing conditions.

J

Of the property in a little more detail, given the importance of that to this application and in our.

J

Request before you, so if I could, um we may need about two extra minutes, but I think we're going.

J

To be, I think we can keep this within the 15. I'll move through the criteria pretty quickly. Okay, yeah.

K

Thank you derek good evening, madam chair members of the zoning board. Corey call.

K

Of tf moran, the first thing we look at as civil engineers, we're looking at a site, is.

K

What fits on? What are the allowed uses as derek mentioned the sites in it, one acre in size, but.

K

It does contain a lot of wetlands when I look at the allowed uses. They are a school municipally.

K

Operated park, marine related retail sales, a fish market, a fishing boat, landing, a marina.

K

A landside supporting facility for commercial research and development.

K

A wireless telecommunication facility and accessory uses a louder indoor and outdoor storage.

K

The site is too small for a school, a telecommunication facility adjacent to a.

K

Residential neighborhood on the shores of sagamore creek, probably would not be too well received.

K

So all of the other allowed uses require access to the water.

K

This site does not provide access to the water, as evidenced in the photos that we handed out earlier.

K

Second, the frontage on the creek, as evidenced in the aerial photo in the staff packet, shows that.

K

It's more of an inlet and it's really not on the shores of sagamore creek. This inlet is a small.

K

Brook? Which derives from a culvert which carries storm water and wetland flow out to sagamore creek.

K

um I've included these photos that demonstrate this and in the in the packet I handed out the.

K

First photo was taken this morning at about 10 a.m. This photo was taken from the top of.

K

The slope adjacent to the building: it's not at low water. There was still two and a half almost.

K

Three hours to go until we reached low water, so the photo in this that you're looking at.

K

In photo, one is on its way toward low water, but not quite there. The water recedes even further.

K

Second photo, which was also taken this morning, shows mud flats, not enough water for boat access.

K

And it also shows on the left. You can see that steep slope that leads up to sagamore road. That.

K

Steep slope also wraps around and leads up to the building. The third photo was taken.

K

In the same location as the second photo, it's just a 180 degree swing from that second photo.

K

This photo demonstrates the rock creek bed, which terminates at that culvert and the foreground is.

K

A residential house, so you can see the source of water which, which this creek is fed from which.

K

Flows down eventually into sagamore creek, the fourth photo in the packet was taken. This fall.

K

This shows our waterfront access at low water. You can see in that photo rocks mud flats, not enough.

K

Water to support a small boat there's, just not enough draw or draft if you will to get any type.

K

Of boat other than a canoe or kayak up to this property and lastly, in the fifth photo. Even if.

K

A boat small boat were to get access. If the water filled up enough. You can see from this photo that.

K

The bridge pilings impede boat access to the site so as you're coming into this waterfront or going.

K

Out that those bridge pilings are right there and a boat would be difficult to maneuver around.

K

I think you'll agree. The photos demonstrate that the waterfront property is not suitable for a.

K

Fish market, a fishing boat, landing a marina or a landsite support facility for commercial research.

K

And development barring these uses, we started looking at other potential uses for the property.

K

The second site impairment to this property is its topography, the highest observable tideline.

K

In the photos that the water is approximately elevation, four to five floor, elevation of the.

K

Existing building is at approximately 29.. This leaves 25 feet vertical distance from the floor.

K

Elevation to the water elevation, the slopes on portions of these properties exceed 60 percent.

K

From where that photo was taken down to the water's edge is approximately a 60 percent slope.

K

To put that in perspective, the maximum grade allowed on new roads in portsmouth is six percent.

K

So this slope is 10 times greater than the maximum grade allowed for for new roads.

K

Third impairment to construction on this site is the 100 foot wetland buffer, most of the property.

K

Between the existing building in the water is in that hundred foot wetland buffer, as you can see,.

K

From a colored plant in your packet and on the screen, everything between that building and the.

K

Creek bed is essentially located in that buffer. The buffer is well vegetated. It serves a purpose.

K

It protects the creek. A waterfront business use would likely require altercation of this buffer.

K

To get that slope from the waterfront to the building 25 feet higher more gentle.

K

And we feel that altering the buffer to that extent does not serve well to this property.

K

So because of these three factors, we maintain that the property does have special conditions.

K

That that do distinguish it from some of the surrounding properties, and it's.

K

Not suited for any of the uses allowed in the waterfront business district. Thank you. Thank you.

J

Again uh for the record attorney derek durbin on behalf of the applicant.

J

um So I'll turn to some of the proposed improvements and go over them pretty.

J

Briefly, I know you're well aware of them from the packet. What we are proposing is.

J

A three-story mixed-use building the building would contain office space on all three floors.

J

And 12 residential units of approximately 780 square feet in size, so there'd be four per floor.

J

um Each residential unit would have one bedroom and one bathroom most of the off street parking.

J

Spaces would be located under to the rear of the proposed building, except for two ada.

J

Compliant spaces that would be provided for in the front, hence the need for one of the.

J

Variance requests before you, the combination of residential units and office space in the.

J

Building does obviously lend itself to a future live work environment which, I believe is hope for.

J

The variances are grounded, my client would need site plan and conditional use permit approvals.

J

From the planning board, so there are several other hurdles to overcome. If we get through this evening.

J

um The plans for the property do remain conceptual at the moment, given the various.

J

Approvals that are needed to redevelop it, but what we're presenting tonight.

J

We do believe is a realistic vision for what um we're intending to do out there.

J

um I did just want to point out very quickly that the variance is sought for parking in the.

J

Front yard and for secondary driveway access relate to existing conditions of the property.

J

Which will actually be improving upon turning the variance criteria, granting the variances.

J

Will not be contrary to the public interest and will observe the spirit of the ordinance.

J

The property is located within a very small pocket of other properties that are zoned.

J

Waterfront business, I already mentioned the staff memo and the note there, which.

J

Indicates that five of the of those eight properties are used for residential purposes.

J

The properties within the area are predominantly used for residential purposes in general,.

J

And most of those properties, at least the ones that are in the waterfront business.

J

District that are located on sagamore creek do actually have access to the creek.

J

Which uh distinguished them from this property, the property directly across.

J

Sagamore creek, I believe many of you are also familiar with that is seacoast mental health.

J

And they're building, that's approximately a 20 000 square foot, building per the receptionist.

J

That I spoke to um there there's 50 plus offices within that building, so you do have right across.

J

The street a I'm sorry right across the creek, a uh a property. That's used for office related purposes.

J

My opinion of this is that the property is improperly zoned, but I understand likely.

J

Why it was owned that way to be consistent with surround it? The proposed mixed office, residential.

J

Use of the property is consistent with surrounding uses. um It'll create an opportunity for more.

J

Housing, that's of a more affordable nature and obviously the potential for a future live work.

J

Environment opportunities like that are obviously scarce and portsmouth, so I think it is incumbent.

J

Upon the city to create more opportunities like this, it is consistent with the public interest.

J

Overall, the conditions of the property will be improved with the proposed redevelopment.

J

For these reasons, granting the variants will not alter the essential character of the area.

J

Certainly will not threaten public health safety and welfare with the the property will be improved.

J

So um also turning to um the substantial justice criteria because of the property.

J

Is how it is presently zoned, there are very limited uses that can be made of it most of the.

J

Uses as corey pointed out that are permitted within waterfront business, zoning are not.

J

Feasible, given the challenges associated with the property uh grain, the variances would allow the.

J

Owner to make reasonable use of the property, while maintaining consistency with the surrounding area,.

J

In this case, the loss of the landowner outweighs any perceived gain of the public.

J

Value surrounding properties will not be diminished by granting the variances the property.

J

Is obviously in a a sort of derelict condition, as it exists now, certainly an eyesore to anybody.

J

That's been out there or that's familiar with the property, I'm sure for the residential butters.

J

So any improvement in cleanup of the property should only increase surrounding property values.

J

I would submit to the board that the building's tastefully designed it's in keeping with the.

J

General prevailing character of the area and would be an aesthetic improvement over what exists now.

J

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

J

Corey has already identified many of the special conditions of the property so have.

J

I but the topography makes it in conducive the most waterfront business permitted uses. I don't.

J

Need to discuss the the challenges associated with accessing the creek, those have been noted, but they.

J

Are significant? They are real. They do distinguish this property from other properties that surround.

J

It property is also quite a bit larger than most of the surrounding properties. However, it's almost.

J

Entirely encumbered by wetland buffer, which also severely restricts what uses can be made of it.

J

The property also has two existing driveway access points paved parking in the front. Those.

J

Are conditions that exist for which variances are sought but which we will be improving upon.

J

Even if the property could be used for marine related purpose, I would submit to the board that.

J

It would likely be inconsistent incompatible with those uses that surround it. So for these.

J

Reasons there is no fair and substantial relationship between the general purpose of the ordinance provisions and their application to the property. I understand from appearing before.

J

This board for several years and having been on the board before that, the board is probably.

J

Reluctant to give up variances very easily for waterfront business, related zone properties, but.

J

um This is certainly one of those instances um where, and I think that that scrutiny is ultimately.

J

Justified I mean there is a limited amount of waterfront and ports in it, but this is really.

J

One of those instances where it's it's waterfront name only. um It really is not a what I think many.

J

Of us would like to have as a waterfront property, so for those reasons, I'd submit to the board that.

J

We meet the five criteria for granting each of the variants requested and um I hope you'll approve.

J

The application tonight and I'm happy to answer any questions you have um brian rodens is also.

J

Here to answer any design, related questions and obviously corey related to any technical questions.

B

Attorney durbin, that's right! I'm sorry! Mr rohan! Yes, thank you, madam chair.

E

um So attorney durbin. um Well, I guess one of my questions is um you included in your.

E

Application a tax map, and um so I don't know if you can go to page 191 of the boa packet for.

E

January 17th, I believe, would show it um so one of your contentions is is that your property.

E

Is somewhat unfairly burdened by being in the waterfront business district because it its.

E

Waterfront is not useful. That said, there are other properties that are truly landlocked, for example,.

E

223-34-223-33-223-26A and 223-29, which have absolutely no access whatsoever. The waterfront.

E

At yet are considered part of the waterfront business district. So if those properties are.

E

Were considered by the city council to be appropriate for this district, why do.

E

You feel that yours, I know you've kind of gone through some of the reasons, but in in light of.

E

That additional piece of information- why do you feel that yours is still wrongly included in the.

E

Waterfront business area, yeah sure, fair question, um so I I tried to catch all those numbers as.

J

You were rattling them off, but um sort of the surrounding property yeah. Most of the surrounding.

J

Properties that have been identified are used for residential purposes. um The particularly.

J

The I believe, the landlocked parcels that you referred to in addition to actually.

J

um At least one or two other properties which have direct access on the sagamore creek, so that pocket.

J

um Most of them are used for residential purposes, I'm not quite sure what some of the other uses.

J

Exactly have been identified with the other three of the eight. um Maybe um I know we have.

J

uh Dave garvey here who, who just arrives, who is uh affiliated with the property it could potentially.

J

Speak to that, but to answer your question I believe um you know this is a situation where that.

J

The zoning, I think it does probably fit with a couple of the properties, but it really doesn't.

J

Fit with the majority of them- and I think, there's a supreme court case bellinger, be something I.

J

Can't remember I cited to it my narrative, where the city really has an obligation to have the.

J

Zoning reflect the prevailing character of the area. In this case, I think, when you have five out.

J

Of eight property zone, waterfront business that are used for residential purposes and.

J

That's not identifying what the other three are utilized for. I think it really the prevailing.

J

Character is something other than waterfront business. That said, I can also understand the.

J

City's interest in trying to protect what little left it has of waterfront areas, particularly.

J

Those that are accessible to water- um I I can clearly sympathize with that and appreciate it.

E

um So in your narrative, I don't think you touched on it as much in your your discussion tonight, but.

E

In your narrative, you do talk about the fact that the existing property has become in poor.

E

Condition it has, um you know, junk strewn around it, but let me understand your client. The proposed.

E

Developer is currently the property owner and was has been for some time. Is that true or not,.

E

True, uh no that's um my client is actually so. The application was submitted on behalf of the.

J

Owner of the property, however, my client, the the one that is interested in this property.

J

Is actually a purchaser for the property? So it's not. Actually um it's not actually the owner of the.

J

Property itself, yeah, the owner of the property, is not here tonight. As far as I understand, okay, yeah.

E

um And then so, you made a you've commented a number of times, and it is also in your narrative.

E

That you provided the board about this idea of this could be a work, live um office combination.

E

Of office, uh residential combination of some sort, um but you use the word hope um when you talked.

E

About that, so what is your client doing? uh That would promote this vision of a work live office.

E

Complex come into light. Is there any work plans to make any of these workforce housing uh something.

E

Else that will bind those residential units to the businesses that are located beneath them. Yeah.

J

There's so there's no plan to create workforce housing, I'm not going to mislead the board in.

J

That respect that there's absolutely no desire to to do that on this site. However, I I think.

J

um Ultimately, the plan is conceptual still, it's still being worked through exactly.

J

How those? How the residential units and the future office space going to interact.

J

And and ultimately I think it it, you know to some degree in in full transparency, it's a.

J

It depends on sort of how the market um prevails over the next year or so how.

J

How that how those interrelate with one another, um the the units themselves, are.

J

Designed to be quite small, they are designed as one bedroom one bathroom- that's not gonna change.

J

That is the the representation before the board, um which obviously um is a lower price point.

J

Portsmouth's inherently expensive, so our lower price points are not rochester's. Lower price.

J

Points or summers worth, but um they will fall. I think in that, um naturally, speaking into a lower.

J

um Bracket in terms of of what the rents are, um the hope is is that, yes, that people will occupy.

J

I we just don't know exactly if that dream will come to fruition or not I mean that's, that's the.

J

Honest truth, okay and uh lastly, just if I made it I'm sure. uh Lastly, your conceptual building.

E

Plans just looking at those I mean it strikes me as being a building that could be anywhere.

E

In the city it could find itself easily in the industrial district in the lafayette road area.

E

um I guess what attempts were made if any, to try and be honoring of the waterfront business.

E

District I.e creating something in the industrial spaces that could still make it a you know. Some.

E

Kind of tie to a waterfront one of the allowable uses in the waterfront business or um something.

E

Anything to sort of distinguish this and the fact that it is a unique property that you're asking.

E

For, as you pointed out, pretty exceptional relief from the zoning ordinance for sure.

J

um To answer as to any considerations behind the design itself, I would probably turn to brian, but.

J

I I do, I will say this, um you know, I don't believe that there is a uniform design or appearance that.

J

We would all identify with waterfront businesses um just due to the varying nature of them.

J

It with a situation like this as corey pointed out. Obviously we don't have the ability to have more.

J

Marine dependent uses in the traditional sense so you're not designing a building.

J

Around that, ultimately, you would be designing a building than if you were to try to cater.

J

To the other waterfront business uses, which would be either retail in nature,.

J

Well, essentially, be retail if you, if you count like a seafood market and into that clothing or.

J

um You had the scuba shop, which was able to function for some time there before it couldn't.

J

um So I I don't, I think this was designed to be um sort of in keeping in terms of.

J

The way that it, um you know, obviously the property slopes.

J

Down to the back that it's it's not too oppressive to the surrounding properties,.

J

um But I don't believe it was necessarily designed to cater towards like a fish market or that or a.

J

Retail type of business on the ground floor, but I could have brian if, if the board would like.

J

Speak to the the considerations behind the current design if you'd like that would be helpful. No I'm.

E

Really just trying to get a sense yeah, I mean it's one of my main concerns, and so I want to give you.

E

An opportunity yeah sure no, there was the the. I don't believe there was any um just just given the.

J

um Lack of demand um associated with with that type of space, I don't believe there was.

J

um I mean there was consideration, obviously given to to retail on the bottom floor, but I.

J

Don't believe that the market really um dictates that that use would would necessarily um work over.

J

The long term there, thank you, that's all I have thank you manager. Anybody else have questions.

L

Thank you I'll now open there to the public. Is there anyone.

B

Who would like to speak in favor of this petition?.

B

Anyone who'd like to speak in favor of the petition.

B

Is there anyone who would like to speak in opposition to the petition.

B

Is there anyone who would like to speak to for or against this petition.

B

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

B

So bored, what would we like to do with this.

I

So I will um say that this is a used variance, so it's a pretty hard bar. I do note that um in this.

I

Area there are already areas that are zone mixed residential office, mixed residential business.

I

um And uh you know I.

I

I guess I am not in favor of this petition because I I, with all due respect, I just I.

I

Don't find the arguments that compelling for such a substantial change in uh use variance, I think.

I

That this is a property that does have access to the creek. I mean maybe it's hard to get to, but it.

I

Certainly has access um much more so than some of the other landlocked uh properties, lots that.

I

um Mr rayum actually had had pointed out, so I you know, I I think the city council is the one that.

I

Really should be looking at whether or not this should be waterfront business, but I believe that.

I

Given that it does have access to water, there are other uses that could be made with this and.

I

The fact that there is nearby properties- I know they're, not for sale, but the city council was.

I

Very intentional, on how they zone this there's waterfront business and then just across the.

I

Creek there are mixed residential office and mixed residential business, but I those are my thoughts.

I

Anybody else yeah, I'm still thinking about it, but I'll kind of think out loud as.

D

I guess the first point is I I do agree in terms of uh how useful this actually.

D

Would be as or how not useful it would be as a waterfront business and how these uh potential.

D

Alternative mixed use, residential office is, is feasible and even a potentially desirable, but.

D

Some concerns I have as it seems, and also what I'm struggling with is they're just asking that.

D

The variance is for a use, and there was no lot area per dwelling for waterfront.

D

Business, uh but if it wore this, this would be quite an aggressive uh ask for that density.

D

um And I do think uh the three stories from the sagamore side, considering the the other side.

D

Would be basically before stories is a little bit aggressive and that relates to the law area.

D

For dwelling, but all that combined would seem to uh potentially put it out of character with the.

D

The neighborhood, um but uh the I understand other boards would be uh seeing this project.

D

um But I guess I like the idea of a uh uh the mixed use uh there, but um how to vote and how to.

D

Allow that, with that without well also limiting the uh density.

D

Those are my thoughts for now. Okay, thank you. Thank you. Yes,.

G

I'm kind of going back and forth mainly because the property just behind it, we granted variances.

G

To uh in june, since um it was a residence, even though it's in the waterfront district.

G

Since there's no previous boa history on this.

G

G

I mean and attorney durbin may even know that, do you know when portsmouth scuba went in there.

J

uh Looks like it's been there for about 25 30 years um is, is how long it exists. Okay,.

G

Yeah, I don't know when the zoning took place. I do know the previous business had nothing.

G

To do with the waterfront, it was a tv repair shop, so I'm sort of betwixted in between here.

D

Also, as a side note, I would just add: I'm surprised that uh there was potentially so.

D

Much opposition to the four single-family homes just up the hill, and this would be 12 units.

D

Where there's zero opposition, it shouldn't affect our it's just the comment I observed.

B

Yes, I'll just say: yes, yes, but mr mantle in 1995, the board did grant ovariance to.

B

Process fish in the cellar of a space there, but in 1995 I don't think this was zoned waterfront.

B

Business because I didn't think that was the zone that we had, okay, would be my right.

D

Because otherwise, it would be allowed by right right, yeah, you're right. Thank you.

B

Are there any other comments and okay go ahead? Please: okay! Yeah manchester, as you can probably.

E

Tell from my questioning I I have concerns about this application and I I think ms matson's point.

E

About the proposed density is certainly one aspect of it. I think the applicant is kind of.

E

Hidden in the waterfront business district that they are proposing to have a very substantial.

E

Footprint structure, um you know the waterfront business district, as has been pointed out, was.

E

Created again going to many different forums, um tourette's and whatnot, where zoning was being.

E

Discussed one of the very common things that we heard in all of those forums was a desire.

E

For the city to maintain its waterfront business presence that it added an aspect and a character.

E

To the city that was highly identifiable to um to what the city wanted to be for the future, so.

E

I I do think that we need to tread very carefully as the applicants representative, even self-admits,.

E

um With what we allow in in those areas and and try to be true to what the um what the public was.

E

Saying now that said, um the the city council and the planning board could go back and re-look at.

E

um You know its original decision to include this, and not only this, but there's actually.

E

Also waterfront business on the opposite shore that again has some landlocked properties on the.

E

Opposite side of route 1a, um you know the the decision might be that that vision, while it was.

E

Great when we came up with it, as the applicant has pointed out, maybe just doesn't make sense.

E

Anymore and that uh these faces should be opened up for other uses, but I'm reluctant to to do that.

E

um In this form, with this board, um especially with this particular application, I could maybe.

E

Live with something that was less intense and also tried to somehow honor the waterfront.

E

Business uh district uh you know put on your thinking. Caps really do some brainstorming.

E

um What are some potential? You know? Research again is one of the um one of the aspects of it. So is.

E

There something that could be done in cooperation with something that the university of new.

E

Hampshire say might might want to do to to promote research, something to better honor. What what the.

E

Original intent of this was, I just see a proposal that calls for a building that could be, as I point.

E

Out anywhere are in the city, and not necessarily one that is tied to to this particular property.

B

Also very torn, and I feel that in some ways.

B

Having residences in this location, an office is more appropriate for the neighborhood than.

B

Anything else it reflects what's across the street, it reflects what's around it. um However, I am.

B

Concerned about the number of units and therefore I would probably have a hard time supporting this.

B

I did get a note here from miss casella, saying that if the board wishes they can send the.

B

Applicant to work with the staff on design now I understand we do not have final set on design.

B

At all, but if it were possible to come back with something that would be more acceptable, it might.

B

Be worth another step if you are interested, so this is one because the neighborhood really.

B

It's hard to call it waterfront business, even though that's what it's designated and.

B

I don't know, but I feel like the the size of it makes it hard. I think ms.

E

Martin actually beat me, but it's up to you. I didn't realize how hard it was to.

B

Sit here and not to look that way now I know what it was like sitting over there so but.

M

Oh sorry, well, who do you want to go? I will let miss more just go so I think, with all due respect.

I

To city staff, this is a use, variance and uh design is really not within the purview of this board.

I

um And uh you know I don't I don't know how many other applicants would have the opportunity to.

I

Work with city staff on things they, I think we need to vote this application up or down.

B

Mr rain, okay, thank you. um Interestingly, uh I was actually thinking of just the opposite.

E

um And and I don't necessarily think it would be truly a design aspect, but I do think it.

E

Could be give the applicant an opportunity to um consider some of the board's comments.

E

In terms of the intensity of what is being proposed and trying in in some ways to better.

E

Tie it to waterfront business that may be possible. That may be impossible. I don't.

E

Entirely know, but I was I I I would actually make a motion that we table this application.

E

um And give the applicant a period of time we can attentively make it to our.

E

Next monthly meeting in in february to to take the board's considerations into effect.

E

um And see if they want to reapply with something something different or or perhaps not, but I would.

E

Give them the opportunity to do so without prejudice so that fisher v dover wouldn't apply if they, if they did come up with something different they there would be no concern with that.

E

Just mr matson, yes, I also just a question about uh for clarification. uh If this variants were.

D

Denied they could could they come back with asking for this, a a variance for our use if the use was.

D

uh Slightly different, very different, okay or depending how meaning meaning could they yeah.

D

Would this exclude with this yeah, uh remove the possibility of having uh work uh office.

D

Residents they want you to put an aquarium there. That would be very different to consider, but I'm.

B

Other than that you know we always get into the question of how different is different.

I

So I I would say I would not support any motion to that effect. I I, with all due respect, I just.

I

Don't think it's up to this board to be helpful to any applicants, um so I you know, I don't mean.

I

That to sound, harsh or anything like that, but um I think that we need to vote on this application.

I

As presented and uh let the applicant either go back to the drawing board or go forward.

I

um I I just don't think that we should be in the business of of helping of helping applicants.

I

Okay, so, madam chair, I did make a motion. I don't know if they'll get a second or not, but does.

B

Somebody would somebody like to the second time for tabling it. I would second that yeah, okay.

E

Yes, please speak too much, okay, uh so my my motion again, I and I understand that, where.

E

Ms margison is coming from um not something that we normally would would want to do at.

E

The same point in time I do believe this is kind of an unusual set of circumstances.

E

um I I think, if we denied it that the applicant could potentially come back, but.

E

um At the same point in time, I think that there's an opportunity here.

E

um For something, that's now that the applicant may understand the board's concerns better.

E

Under agreed, don't want to ever turn this board into the historic district commission and have.

E

Multiple rounds of uh tweak this window and tweak that window, but I think this is a use, variance.

E

Denying a use variance sets the applicant up with a fairly high bar for fisher v dover. I.

E

Think that that, at least in my mind there could be a potential for some type of compromise, not sure.

E

The african could actually even get there not sure that, even if they came back with something.

E

That it would still be approved by this board, so it really being the applicants choices to whether.

E

Or not, they want to put in the time and effort to to try and get there or not. But I I'm personally.

E

Willing to give them that that opportunity, under these unusual set of circumstances.

B

I think you should be allowed to decide your fate in this situation.

B

What direction might you want to go in here? uh Thank you, madam chair.

J

um So the direction I know that we would like to go in is either um if the board were inclined to.

J

Have the application tabled or in the alternative, to simply withdraw and allow for resubmission.

J

Seems like the tabling option would give us the opportunity, however, to reconsider and.

J

Potentially, withdraw in the meantime yeah I I would see that probably is a likely.

J

um Direction of how things would proceed simply because at the point that we begin to change.

J

Too much of the substance of the application, I'm not sure what aspects of it may alter.

J

The relief being sought, I think, it'll ultimately probably be the same because of.

J

Two of them are related to existing conditions, but I think it gives us more optionality.

J

um And it's not, I don't feel like it's a situation where we're.

J

um uh You know, given, I think, historically, that um at least in my experience the board has done this.

J

On other other projects that are sort of a more unique nature like this, I know everybody argues.

J

Their project is unique, but I mean this is a very different property than many others. Unfortunately,.

J

So I think we all recognize that it's a complex, yeah decision is there discussion on the motion.

B

Mr mantle can this is probably for stephanie. Can the applicant at any time during the presentation.

G

Make a request to withdraw yes, amen. Actually, to that that point, ma'am chair.

E

um The board rules and regulations were amended in 2019 to address this very situation, and it now.

E

Says during the meeting, an application may only be withdrawn by the applicant or the applicant's.

E

Representative, after the case has been written for the record but prior to the board, opening.

E

The public hearing on the application, so no one's, withdraw it. Okay. We because we ran into this where.

E

An applicant would come before us I'll suddenly realize like it was a hostile situation and say.

E

Oh I'm withdrawing and then come back later on. We want to preclude that okay. So if I could just add.

D

uh For my uh my second uh to table, uh it's it's not out of interest in allowing the applicant.

D

uh A chance to uh to work with the city staff to redesign and whatnot. It's specifically about.

D

uh This, um if, if we've denied this uh request for the variance for the use, uh the potential.

D

Future uh application to it um and the chance for revision in independent of.

D

So not playing favorites or anything. Okay. Okay, mr raymond, your motion, so my motion is.

E

To table this, this application for a period of till the till the next february meeting.

E

um At which time the board will take it back up again and give the applicant an.

E

Opportunity to amend the application based off of comments by board members. Thank you.

I

State, I think, that's inappropriate. I think that this gives this applicant a benefit.

I

That other applicants don't get where they get to take the temperature of the board and.

I

Decide to fashion an application that would be acceptable to us. I I do not think this is.

I

Appropriate for the board of adjustment, so I will not be supporting devotional.

B

Okay, I'm going to take a vote, mr mail. No, mr mcdonald, the vote. A no vote is not to table.

B

A no vote is not your table and I shall vote yes. Okay, no miss martinson, mr madison. Yes,.

D

uh I yes, yes, and I am going to vote yes and there. Oh.

B

It's a tie, no 40.. Oh it's four! Yes, it is four to two sorry. I forgot mr.

B

Mcdonald's vote, so this will be table till february. Thank you very much. Okay. Thank you.

B

B

We are now in new business.

B

Item a the request of sarah m garden, provocable trust owner for property located at 47, howard.

B

Street, whereas relief is needed for the installation of a mechanical heat pump.

B

Which requires the following one: variance from section 10.515.14 to allow an eight-foot setback.

B

Where 10 feet is required, said property is located on assessor's map 103 lot 84 and lies within the.

B

General residence b and historic district is there anyone to speak to this application hi I'm justin.

L

Zymitz, the husband of sarah, thank you for having me and we're doing my bad news application. I will.

L

Speak to the original application that I submitted first, that was primarily to focus on the best.

L

Location for the exterior heat pump, it outlines the narrative criteria for the requested variants.

L

Along with marked up exterior photos and a high level site plan, I did submit an addendum to the.

L

Application late last week, so given the holiday I yesterday I can understand if none of you have had.

L

A chance to review it, I will also apologize for addressing to the wrong chairperson and noting.

L

The htc instead of doa and the header um there are also a few nitpick type of typos in there, but.

L

um The reason I compiled and submitted this addendum is in a good faith effort to tell the.

L

Story why the proposed location of the heat pump is is the best location for it on our property.

L

I also included 19 signatures of uh of support from my butters and neighbors for this application.

L

um If it would help, I can give a brief summary of the addendum and walk through it or just what.

B

I would suggest you think, represents you best. Okay, great! You have 15 minutes to do it so great.

L

So on the addendum, I um have I'm not going to read through wording for word, but I have four.

L

Exhibits uh photos uh marked up photos on that app on that addendum and the first exhibit exhibit one.

L

uh Is a marked up site plan of our home, um and so with with us choosing a place for this heat pump.

L

As you can see, we are very constricted uh with it. You know 229 year old home, with our structure.

L

Is on the property line in multiple locations on the east side is not an option as if we put.

L

It there would be on our neighbor's property. On the south side. Our house is right on howard.

L

Street literally- and so that's not an option, so it really narrows it down to the west and north side.

L

um On exhibit exhibit exhibit two that focuses on the rear of the house uh and they're identified.

L

Three locations on the rear of the house, where we could possibly put it a b and c uh I'll start.

L

With uh location well I'll note, location c here on this plan, as you see, we have our irrigation silk.

L

As well as a mature hydrangea bush for privacy.

L

And beauty, we also have the gate through our fence is right at that location, so putting.

L

It here uh would be a conflict of the existing landscaping, as well as our irrigation, silk [ __ ].

L

um Exhibit three, which is an uh on page three: I built a mock-up of this heat pump and the.

L

Location of the air dischar air discharge fan on this and spray painted on it. I also placed my.

L

Toddler son, who, I surprisingly, was able to have him, stand for two seconds to take this picture.

L

um In front of this location, uh to just kind of to demonstrate the uh basically, the unwanting of.

L

Having this air just discharge fan right next to our path of egress to our back door, I did.

L

Forget to mention on exhibit 2. We do have two back doors: two, the patio double doors.

L

um Which we regularly use for guests pets and ourselves and with exhibit- and I will note for.

L

Location c: that's also part of the reason why we don't want in this location is given the air.

L

Discharge fan in the path of travel into it in and out of our backyard. That would essentially.

L

Impede on that, our desire, our exhibit 4 on page four, which is the west side of the house,.

L

um Is not really feasible in regards to the conflicts of the bulkhead entry point to the.

L

Basement behind the mature bushes, we do have a gas meter between the windows and then we.

L

Have our side entry door, which is the kind of bump out foyer there and, in addition to.

L

That it would require us to have exterior conduit, run up the side of our house to.

L

Serve the back units back heads of the bedroom and living room, which would be unsightly with.

L

Given where an historic district, the hdc did approve our location, a which uh I'm here to.

L

Essentially, request a variance for I believe I covered everything on it. Any questions.

B

Mr rain um yeah just one question a first of all. Compliments on this is probably the.

E

Most sophisticated analysis, I think I've ever encountered my 10 years on the board in regards.

E

To a placement of a of an air conditioning unit- and you almost got it, you have the.

E

Adorable toddler, but you need the family dog in there as well. It's like really [ __ ], the.

E

Heartstrings, that said, the one thing about that photo with uh the toddler is, that is a.

E

A seemingly larger unit than what we normally see for our application, so I just wonder if I.

E

Didn't look into your application and see what particular condenser unit you were expecting to.

E

Put in there, but is, is it really quite as big as what your yeah so laboriously put together.

E

Three-Dimensional model yeah, so this is this is essentially like the cut sheet, which is on.

L

The original application yeah the dimensions of it- is uh 41.5 inches tall, 37.5, inches wide and.

L

The depth of it is essentially 20 inches, given that you have a a 15 inch unit and you do have.

L

To keep it off the house essentially six inches for the airflow to go through it. So thank you.

B

Don't listen to him. Yes, mr mcdonald,.

H

What are the uses of the heat heat pump system going to be he just heating and.

H

Cooling, it's primarily cooling, but it does provide heating, so it can supplement and.

L

Have us have more control and zoning in our house? Okay, do you have do you have.

H

Any climate control systems similar to that now we have well. We have a forced hot water boiler.

H

Okay, yeah, and that does I'm going to get spaceport hot water heater. Yes, okay, yeah.

L

And we use we utilize window units for ac and we viewed this as a more efficient mechanical system.

L

For the home more efficient in terms of energy energy uses, you said yeah, okay, thank you.

B

Any other questions. Okay, thank you, we'll open it to the public.

B

Okay, is there anyone here to speak in favor of this petition, [applause].

B

You need to come up please and give your name and speak into.

N

N

So uh my name is barbara sobel, I'm at 58 manning street and I support um justin's request. It's an.

N

Eight foot setback the variants would be from 10 feet to eight feet and I don't think it would be.

N

um It would not affect us, even though it's eight feet we're. We have a fence in between.

N

The properties, so I would not, we would not even see the unit, um so I'm in support of.

N

His requests, thank you. Thank you. Anyone else to speak in favor of this petition.

B

Is there anyone here who would like to speak against this petition.

B

Opposition anyone who would like to speak to for or against.

B

Okay, public hearing is, I would like to move that. We approve the. uh I can.

A

Make a motion that we approve the application estimated. Second, second: is there a discussion.

B

The kid that got david I needed to die for the discussion. I needed the dog too, but okay.

B

Well, it's bigger future. Did you want me to yes, okay, so uh granting the variants would observe.

A

The spirit of the ordinance we've come across these variances, quite often in the historic.

A

District and I do not believe that the ordinance is designed to prevent the upgraded modernization.

A

Of hvac units within the historic district, and to do so requires this sort of a variance so.

A

I do believe that this particular application is consistent with the spirit of the ordinance.

A

The substantial justice is achieved because there is no loss to the public that outweighs.

A

The benefit to to the applicant granting the variance would diminish the values.

A

Of the surround would not diminish the values of the surrounding property, particularly this.

A

Is supported by support by the advocacy of the butters and in particular ms sobel, who.

A

Is the directly effective butter if there was going to be a loss of property value, she would.

A

Be the one most securely affected and since she supports this application, I take that as.

A

Solid evidence that there is no impact, negative impact on her property values.

A

In terms of hardship of the property, it is a very densely packed in location. I think the applicant.

A

Has done a very good job of reviewing all the alternatives when I looked at it on paper, I.

A

Thought perhaps there was a potential for site d, which is along the driveway, but looking at.

A

It upon visual and special of the property that would actually be detrimental to the neighborhood.

A

In terms of the overall appearance of that historic area, so I do believe that that is a.

A

Special condition that mitigates toward locating the unit within eight feet of the property line.

A

As as proposed, yes, um I I'll just concentrate on a couple of um you know: grant the variants.

E

Would observe the spirit of the ordinance, so really this this setback is, is a recognition of.

E

The tight neighborhoods that we have here in fort smith, um then the potential noise making of this.

E

Type of condenser equipment for air conditioning units- in this particular case, these these heat.

E

Pump units these mitsubishi units- I have one in my house, you can barely hear the thing running.

E

um They are unusually quiet compared to many other ac units, so I so I think in that sense, really what.

E

We're looking for is is to not disturb closely closely set neighbors. There is. This is a fairly.

E

Tight neighborhood, but again eight feet versus 10 feet with how quiet this unit is, would not really.

E

Make a difference in terms of what the ordinance is really trying to get after here and then in.

E

Terms of special conditions- I think one additional thing is- is that the existing house does have as.

E

The applicant has pointed out um exit ways through large door, doors sliding doors to the backyard.

E

In in multiple locations that really make it such that there's no other feasible location to go and.

E

And put this unit um and not have it be visible to the public, as, as mr rossi pointed out, with the.

E

With the option d, so you know recognizing that they kind of have to jog it over because of the.

E

Presence of this door- that's right. There they're really doing the best that they possibly can to.

E

uh To meet and try and make this as as good as possible. So with that, I support approving it.

B

Okay, if there's no, this is mcdonald's. I'm going to support approving it as well and.

H

The reason why, for me, is that this is the the best example um that I've seen since I've been.

H

Serving on the board here um for an unnecessary hardship, that's avoidable! um If, if we try to.

H

Refuse this, then, what we're going to want to wind up with is an old, possibly outmoded, inefficient.

H

Ineffective system that places an unfair.

H

Unnecessary hardship on the applicant.

H

And there is no downside for for the city, this is this. Is it's not it's not like some.

H

At the whole city is being affected by this decision. It's real straightforward.

H

So I'm going to support it. Thank you. Okay. If there are no further comments, we will yes, yes, miss moore.

B

Miss monster rossi, yes and yeah jeff. I can remember mr madison. Yes, sorry I'll.

B

Get there and the chair votes? Yes, you are approved. Thank you.

B

The next item of business is the request of antonio salima trustee of salima realty trust.

B

Owner for property located at 199 constitution avenue, whereas relief is needed to build a.

B

Climbing yoga and general and specialty fitness studio in an existing building, which requires the.

B

Following one special access exception from section 10.440 use number 4.42 to allow a.

B

Health club yoga studio, martial arts, school or similar use that is greater than two thousand.

B

Gfa said, property is located on assessor map 285 lot, 16-301.

B

And lies within the industrial district. Is there someone to speak to this application.

O

Hello, I am not tony suleima, I'm taking miyamoto owner of salt pump, portsmouth llc. We will be or.

O

We are the tenants of tony solema's property at 199 constitution ave. What are we salt pump.

O

Itself has an existing facility in scarborough maine is an indoor climbing facility, and this.

O

Will be our second location that we like to open in portsmouth, and we are here to request that a.

O

Special exception to use a portion of the property at 199 constitution, ave, which is located in the.

O

Industrial zoning district as a quote health club yoga studio, martial arts course similar.

O

Use under section or 4.42 of article 4, section 10.440, the city of fort smith, zoning ordinance.

O

uh We meet the requirements at fourth in sections 10.232.20 through 10.232.26 of.

O

Those warning zoning ordinance as follows. As the 10.232.21, we meet the standards, as provided by.

O

The ordinance for the particular use permitted by a special exception, releasing 14 500 square feet.

O

Of an existing 18 000 square footprint, building locate, there's two buildings on the property. What.

O

Which one will be located? We will be in the building that is close to constitution, avenue.

O

I will be using it for climbing yoga and related fitness activities, we'll have and.

O

The prior tenant of that space was little big farm foods. The original tenant was for was.

O

um With tony and he he used it to make dunkin donuts, donuts and other baked goods.

O

um And when we started the lease it was unoccupied at the time and in addition to.

O

Us that same building has a tenant one tenant that has four thousand square feet of warehouse and two.

O

Thousand square foot of office space- and I forgot to mention I'm here with brad jones with jones.

O

Indeed, engineers, the answering technical questions um as to and so and use number 4.4 0 and table.

O

10.112.321 of the zoning ordinance requires us to provide a minimum of 58 parking spaces.

O

The other tenant requires eight spaces so for 66 in total, and uh we are on the site plan. We're.

O

Showing we're showing 67 spaces so as to section 10.232.22, no hazard to the public or adjacent.

O

Property on account of potential fire explosion or release of toxic materials similar to other health.

O

Clubs, yoga studies or similar uses, we will not be creating a hazard to the public or jason property.

O

On account of potential fire explosion or release of toxic materials, it's just not in our business.

O

Operations as to attempt section 10.23, 2.23, no detrimental property values in the vicinity or.

O

Change in the central characteristic of any area, including residential neighborhoods or.

O

Business and industrial districts on account of the location or scale of buildings and.

O

Other structures, parking areas, access ways, odor smoke, gas dust or other pollutant noise, glare.

O

Heat vibration or unsightly outdoor storage or equipment, vehicles or other materials.

O

uh We will not be changing the location or scale the buildings or other structures on.

O

The property not be changing parking areas or access access ways and similar to other health.

O

Clubs, yoga studios or similar uses, we do not create odor smoke, gas dust or other pollutants.

O

Noise, glare heat vibration or unsightly outdoor storage of equipment, vehicles or other materials.

O

As to section 10.232.24, no creation of a traffic safety, hazard or substantial increase in the.

O

Level of traffic congestion in the vicinity, we will not create a traffic safety, hazard or.

O

Substantial increase in the level of traffic congestion in the vicinity, the property is.

O

Located to the east of banfield, road and west of route, 1 or lafayette road, a walmart supercenter.

O

The viridian residences and the portsmouth green shopping mall, which contains similar.

O

Fitness offerings, such as for pilates, cycling, bar classes and other group, fitness studios.

O

As to section excuse me, 10.232.25 no excessive demand on municipal services, including, but not.

O

Limited to water, sewer, waste disposal, police and fire protection in schools, we should not be.

O

Creating excess demand on municipal services, in fact, we expect there to be a decrease in.

O

Some of those services, such as water, sewer and waste, compared to our prior tenants use.

O

And as to section 10.232.26, no significant increase of storm water runoff onto adjacent.

O

Property or streets, we will not be changing the impervious surface area existing today on.

O

That property, therefore, should our use should not result in any significant increase of storm water.

O

Runoff to adjacent property or streets and based on the foregoing, we respectfully request that our.

O

Request for special exception be granted. Thank you. Do you have any questions for the applicant.

B

Yes, thank you, madam chair. um Looking at your proposed concept design, it's a page 221 of our.

E

Packets, I'm just trying to get oriented um to what we're looking at on on that. uh It's your.

E

Sheet a4, so the first four new. um What is the, uh how are people going to enter your space um and.

E

And what's the orientation here I'm a little used to understand the bottom of a page of a04 is sorry.

E

Yeah, I think that's it.

O

I was going to use the the site plan you had, but basically, if, if you're looking at.

O

The site plan, and then, if you're looking at this, the bottom of the page is, is north.

O

Okay, so there's a larger parking concentration is, is the the front entry and the bottom of that page.

O

Of a04, so the two-story area is closer to walmart, correct, okay, um and is that anticipated like how.

E

Are your customers coming into your space they'll, be which either they're coming in from either.

O

Direction, I suppose, is possible, but most likely from constitution avenue. Turning into that road.

O

Which I'm not sure what its name is and then and then down into the building? Okay, so you have a new.

E

Handicap spots that you're putting out and on one side of the building, but not the other, so is that.

E

Intended to be your primary entrance is that why the handicap spot is located there current the.

O

Current building, as is, has those two spots and a curb cuts to get into the building from there. So.

O

uh If I'm answering a question right, yeah, as designed, our primary entries will be in will be.

O

On where the vocal the parking is, but there will also be entries two entries actually on the on the.

O

South side walmart side: okay, yeah. I guess my only concern there is just from a from a customer.

E

Confusion perspective, do you intend to um you know we don't have anything here on signage, but do you.

E

Intend to have something that's sort of pointing out like hey. This is the way into into this new.

E

Business that I'm creating, I hope so I hope so in that. Yes, I hope to avoid that confusion for.

O

Sure, okay yep um would customers who are so a number of the parking spots associated with.

E

Your business are on the back side of the building. Is there an alternative entrance on the back side.

E

As well, or are you anticipating that customers will have to come all the way around to the front.

E

The backside being being the north side away from the walmart property that no there'll.

O

Be an entrance on that side too: okay, yep, all right again. Hopefully, labeled is all right. Yep.

E

um If I may continue, madam chair um on your page 218 of our package, it says drawing c1 there's a.

E

Whole bunch of little squiggly graphics that are look like truck turn around and back up.

E

um Does that that have anything to do with your business? I'm presuming that's entirely with.

E

Brad may be better to answer this, but the reason we did that our neighbor has a truck.

O

Loading zone there, and but we wanted to see if we can use that, can I go over here. Okay, microphone.

E

Take this money yeah, if you want to get them, don't just don't touch the screen.

O

So we wanted to get as many parking spaces in the back here, but we wanted to be conscious of.

O

This truckloading and pretend they don't do much truck loading here, but if they can back.

O

Out and back and back out and get out of the space comfortably, and so that's why we included that the.

E

uh That study right, don't want them hitting any of your customers. Cars with uh with the truck right.

E

um So there's 58 parking spaces that are required by our ordinance for your business. Do you really.

E

What do you anticipate is your typical customer? What I mean, do you even have enough activities.

E

For 58 people to be in your your business at one time, the short answer is, we hope so. Okay,.

O

So your anticipation is, is all that parking is probably something that you'll. Ideally, if you're.

E

If you're you're successful in your business plan, you will need that parking. Correct, have.

E

You done any kind of analysis on like trips per hour at all, in terms of the one criteria that.

E

We have related to traffic, we have not okay, um any sense of like how long you anticipate your.

E

Customers being there like multiple hours hour and a half is probably on average. Okay.

O

Our programs are so after school programs, youth programs and adult programs typically run about.

O

45 minutes to 50 minutes, so the programs those people will be in and out in that time frame.

O

And then people who are coming to just climb or to get a workout in is an hour hour and a half.

E

Okay, all right, that's all I have questions. Thank you. Okay, any other questions.

B

Thank you. Okay,.

P

B

Is there anyone who would like to speak to this petition.

B

Anyone to speak in favor is there anyone in opposition to this petition.

B

Is there anyone who would like to speak too for or against the petition? Okay,.

B

I'll close, the public hearing board miss martinson. I would like to make a motion to approve the.

I

Application is presented and advertised mr rossi seconds, okay, so um special exceptions. uh If the.

I

Applicant has demonstrated that they meet all of them. The board is actually compelled to give a.

I

Special exception so going through the criteria, the review criteria- number one is standards as.

I

Provided by this ordinance for the particularly use permitted by special exception, uh this is a.

I

uh The zoning ordinance allows for a business like this to be located in an industrial zone.

I

The special exception is to allow a health club yoga, studio marshall, school art, school.

I

Or similar use that is greater than 2000 square feet, so the um the applicants use is permitted.

I

By special exception in this zone, so it meets that criteria. The second section is 10.233 point.

I

2-2 no hazard to the public or adjacent property on account of potential fire explosion or release.

I

Of toxic materials, this is a yoga and general specialty fitness student studio and a climbing.

I

Wall, therefore, none of those conditions will be present. It meets the criteria number three.

I

Is section .232.23 no detriment to property values in the vicinity or a change in the.

I

Essential characteristics of any area, including residential neighborhoods or business and.

I

Industrial districts, unaccount of the location or scale of the buildings and other structures.

I

Parking areas, access ways, odor smoke, gas dust or other pollutant, noise, glare heat vibration, no.

I

Non-Sightly, outdoor storage, equipment vehicles or other materials, the applicant meets this criteria.

I

And that this is an industrial area and the climbing yoga and general special and general.

I

Fitness studios will not have any outdoors odor smoke, gas dust or other pollutant noise glare.

I

Heat vibration and it will not have any unsightly outdoor storage of equipment or vehicles number.

I

Four section: 10.232.24: no creation of a traffic safety habit or hazard, or a substantial increase.

I

In the level of traffic congestion, the vicinity as the applicant was able to verify through the close.

I

Questioning by member ram, they have taken into account all of the turning radius and ways to keep.

I

Ways to avoid having any kind of safety hazard also has noted this. This application does not.

I

Need to go to tac where such uh where such issues would be dealt with section 5, 10.232.25.

I

No excessive demand on municipal services and including but not limited to water, sewer waste.

I

Disposal, police and fire protection in schools, a climbing, climbing studio, a client of facility that.

I

Has climbing yoga and journal and special fitness will not create any excessive demand on any of.

I

Those services of the city and section 10.232.26, no insignificant increase of storm water, runoff.

I

Onto adjacent properties or streets, this kind of use would not create any kind of increase in.

I

Stormwater runoff, and so for all those reasons, I move that we grant this special exception.

B

Do you have anything to uh the only thing I would add is that, with regard to 10.233.25 uh sorry.

A

About 0.24 and traffic uh congestion constitution avenue is a very broad uh throughway and.

A

um I can only wish that your business would be successful enough to create.

A

A traffic jam on constitution avenue it's never going to happen uh because.

A

The avenue is so wide, so I see absolutely no problem with the with the special use.

B

Thank you. Is there any further discussion? Not we will vote on the motion? Oh I'm, so sorry I mean.

B

Go ahead, I I am someone torn. I guess I'm I'm not quite as confident as mr rossi that um that this.

E

Isn't a potential traffic headache um that is a pretty far more intensive use of that space.

E

Than uh what is currently there, um it is kind of um I mean the sort of the entryway is on to.

E

Constitution and then you know, people that may be trying to cut through the um the walmart parking.

E

Lot, I'm not sure if they would would in fact create a bit of a headache through those areas.

E

um I'm kind of torn if it's, if it's worth it I mean you know, one thought I had was.

E

A potentially a stipulation that parking traffic and safety committee would need to.

E

Take a look at this, although I don't like dumping stuff on other committees as well.

E

Probably overkill- and I probably could live with the idea that um that the applicant's.

E

Business wouldn't negatively impact it, but I I'm not as convinced it's cut and dry. So my thoughts.

B

It's all of the requirements for a special exception and I will be supporting this so.

B

Mr mantle, yes, mr mcdonald, yes, ms mortgason, yes, mr baume, yes, mr rossi, yes and mr maxson, yes and.

B

The chair rights- yes, so you are in business. Thank you for coming stuck in traffic, going to walmart.

A

Okay, don't worry about it. The next item of business is item c under new business, and it.

B

Is the request of jessie m lynch and sarah ellen owners for property located at 19th sunset road.

B

Whereas relief is needed to construct a connector structure from the primary structure to the garage.

B

Which requires the following one: a variance from section 10.521 to allow a 27 foot setback where.

B

30 is required and b 22 building coverage where 20 is required, two, a variance from section 10.321.

B

To allow a non-conforming structure or building to be extended, reconstructed or enlarged without.

B

Conforming to the requirements of the ordinance said, property is located on assessor map 153.

B

Lot 19 and lies within the single residence b district. Is there anyone to speak to this petition.

Q

Yes, madam chair, my name is arolda dench, I'm prepared this application for jessa.

Q

Jesse and sarah lynch and I'm here to speak to that today and sarah's also here with me.

Q

I'm just going to go through this briefly, looking at page s0, the first one you can see.

Q

There a lot here, the little blue square at the corner of boston, sunset, roads.

Q

Just off aldridge near the plaza 800, and I just want to say that jesse and sarah have spoken to.

Q

All their neighbors and they've all given verbal support for this mark batchelder who's, also a.

Q

Neighbor wrote a letter of email support to the city, so the neighbors are in favor of this small.

Q

Thing they will be requesting here. The next page is the existing lot and you can see here that they.

Q

Have a garage that separated from their house and that's the issue they want to connect these two.

Q

um All this site information is based on site plan and civil engineering.

Q

Plans done by mark batchelder in 2017 when we renovated the garage.

Q

As you can see, the existing garage footprint is very close to the rear setback. It's only.

Q

Three foot: seven in the front corner, so that's the the tight part that exists already. We won't.

Q

Be making that any worse, and I just want to point out the little dashed line that goes.

Q

Around the garage footprint and that's an existing storm water drainage system.

Q

That we will be tying into, and that goes directly into the catch basin out front.

Q

um So that's controlling storm water really well right now and we'll be tying into that.

Q

So we won't be contributing any more runoff to the site or onto the street.

Q

um So the difficulty here is the minimum lot size for single residence fee is 15.

Q

000 square feet and the lynches only have 7 754. So it's a tight lot.

Q

Right now, they're, the maximum structure cover allowed is 20 right now, they're at.

Q

20.3 percent: we want to increase that just slightly we'll see that on the next page.

Q

um Another thing I want to show you was their official off street parking. Is there at the.

Q

Existing driveway off boss avenue, but where they normally park, is along sunset road. They just pull.

Q

Off to the side there because that's convenient to both of their their entrances to the house.

Q

They rarely park in their designated parking or use the garage because of the separation.

Q

And so what happens is if they do park down there, then they have to walk up through the very steep.

Q

Side yard or in the street around the way, or they have to I'll, show you in the next street.

Q

Next sheet go through the garage through the backyard in a back door through the.

Q

Basement and then up into the house, and so of course they never use the garage.

Q

And that just didn't seem to make any sense, so we're going to try to fix that.

Q

So if you go to your next sheet, that shows you what we're proposing here.

Q

And this is a very small addition. Only 138 square feet about 12 foot 8 wide in the front.

Q

And six foot: six in the back there eleven foot three approximately deep! So this little connecting.

Q

Edition is sandwiched between these two existing structures and it won't be very visible from the.

Q

Right or left mostly visible from boss avenue, and here you can see where we want to increase.

Q

The maximum structure cover to 22.1 percent, so barely two percent more than what it is now.

Q

The minimum open space still there's plenty of open space plenty of pervious surface.

Q

And here you can see how the little perimeter drains around the addition will tie into the existing.

Q

And I also want to point out that the addition will not be any closer to.

Q

Any of the property boundaries it will be, however, with a little piece of it will be.

Q

Within the 30 foot, rear setback, but that's not any worse than what's already existing.

Q

Then, if you go to your smaller sheets, the first one is the photographs.

Q

um Page, a 1.1 shows the lynch residence. If you go to the upper right photo, you can see the corner.

Q

Of where sunset meets boss, avenue and you'll notice that, where the garage is there in the.

Q

Background, it's actually about 13 feet, lower grade level than the level of their grade in front of.

Q

Their front steps, so that's a big difference and just makes it so unworkable right now.

Q

So, by connecting it'll just make it a lot easier to get into the existing house.

Q

And here you can see that this addition, that will be sandwiched between the two buildings, will be.

Q

Mainly visible from boss avenue here right now, it's just unsafe and difficult to walk around.

Q

Especially if the streets icy bad conditions, as far as using their regular spot here in front of.

Q

The garage and if they park on sunset, that's very steep where they park. So I parked there.

Q

Myself you get out of the car and if it's icy, you've just got to really watch your stuff. There.

Q

So we're just trying to make all that better. Let them use their official parking.

Q

The next page has their immediate neighbors. The top two photos are across the street 32 boss.

Q

Ave is across boss, avenue from them right at the intersection with sunset road, the other one across.

Q

Sunset road, the brown house and then the other two at the bottom are their immediate neighbors.

Q

So that just gives you a sense of the neighborhood and no one's right on top of them, which is nice.

Q

If you go to sheet a 2.1, this shows you the existing conditions. You can see the on the.

Q

Right, I'm showing the second floor of the garage, which is almost at the grade level of the backyard.

Q

And of the yard, between the two buildings uh and that little privacy fence will be removing that.

Q

And then I'll just go quickly to the next sheet to show you what we're proposing.

Q

At the bottom of the sheet, you can see the connector.

Q

So the idea is they'll park in front of their garage and then be able to or or inside the.

Q

Garage and then be able to walk up that staircase and go right in through the connector. And then.

Q

Up the staircase into their existing mudroom, so that will give them some really nice access. There.

Q

It had a little bit of a complexity with the roof in that going up this, the new staircase that we're.

Q

Proposing there's not a lot of headroom so we're having to pop up the roof which you'll see in the.

Q

Elevations to give them enough headroom, we want to keep it the roof simple, so that meant we had a.

Q

Fill in the back corner of the garage there on this on the second floor.

Q

It doesn't impact the footprint, but it's only a seven square foot of.

Q

Living space increase just to keep the roof line clean and have it make sense.

Q

Going to the next sheet, you can see the view from foss avenue.

Q

There's that connector in the middle there, you just kept the roof line as low as we could so just.

Q

Bumping up enough to get the code headroom up the little stairway that you can see ghosted in there.

Q

um And here you can see that large grade drop between the two areas.

Q

And I just want to make a note that this connecting edition will not be visible.

Q

If you're, looking straight from sunset road, you can't see it because it's sort of tucked behind.

Q

Going to the next sheet, this is the rear of the house sort of looking up boss avenue. In this view,.

Q

You can't see the roof of the connector popping up. The garage is in the foreground, but I don't know.

Q

How much that little roof will be visible because boss avenue is so much further down from there.

Q

Sorry gives you a sense what's going on, there's that back door into the house where.

Q

They'd have to walk in with where they walk in now. If they want to go through the house.

Q

And then the last page shows the view kind of from their neighbor to the left.

Q

Which just shows the little bit of the back of that connector, just a tiny thing.

Q

You can see that little corner infilled and the roof sitting on top of it.

Q

So pretty simple and straightforward.

Q

And then, as far as the criteria, I've pretty much pointed out all these things, but I'll just briefly,.

Q

Reiterate, um uh 10.233.21 variance will not be contrary to the public interest, because the.

Q

Addition is only 138 square feet, it's in a small area between the existing home and garage and has.

Q

A low roof and it's not closer to any setback lines than the existing structures. It should.

Q

Have very little impact if any on surrounding properties new perimeter drains at the additional.

Q

Tie into an existing stormwater system that was designed by licensed engineer, mark batchelder.

Q

And it's all in 2017, so no additional runoff onto the cider street will be created because.

Q

Of these points, granting a variance to build this connector will not be contrary to public interest.

Q

And then 0.22, the spirit of the ordinance will be observed.

Q

The building coverage will be over the maximum allowed by only two percent and the minimum open.

Q

Space at the property at 66.8 were 40. Minimum is allowed, allows for plenty of pervious surface and.

Q

Open space in this way, and because of the previous reasons stated above the request is reasonable.

Q

And will not impact other properties, and so the spirit of the ordinance will be observed.

Q

With 0.23, substantial justice will be done, valentis have a corner lot and so.

Q

um The garage faces one way and then the house faces the other, which creates just a.

Q

um A challenging situation with both entry doors facing sunset.

Q

Road and the dramatic grade change 13 feet between the two facades creates a problem.

Q

As I said, currently, parking from the garage means navigating a steep hillside up to the entry doors.

Q

Walking the street or walking up through the garage through the backyard and basement.

Q

So the result is, they still tend to park on the street in front of the house and the garage.

Q

Goes unused granting this variance will enable the lunches to utilize their garage and their.

Q

Designated off street parking much more safely and easily without impacting neighbors, thereby.

Q

Substantial justice will be done. 0.24, the values of surrounding properties will not be diminished.

Q

Because of the points made above in 0.21 and 0.22, the addition should have no impact on surrounding.

Q

Properties, and so the values of surrounding properties will not be diminished. uh The style.

Q

Also of the connector just coordinates with the house, so it fits in and then lastly, 0.25.

Q

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

Q

So, owing to the special conditions of the property, literal enforcement enforcement of the ordinance.

Q

Would create an unnecessary hardship and these special conditions are that at 7754 square feet.

Q

This lot is almost half the size of the minimum lot size for srb of 15 000 square feet. So it's not.

Q

Easy to make any addition here without a variance and also the dramatic change in grade level, is.

Q

Quite unusual between the house and garage, and so it makes it difficult to utilize the garage.

Q

Without a connector, um so we feel that these requests to connect the house and garage to make.

Q

It more accessible and the walking safer isn't reasonable one, and so therefore little enforcement.

Q

Of the provisions of the ordinance would result in an unnecessary hardship for the owners.

Q

And that's everything. Thank you. Thank you. Are there any questions for the applicant.

B

Yes, please, okay, thank you, madam chair. um So, first of all, the the connection between the main house.

E

And an outbuilding in new england, you know is a pretty pretty common occurrence so much so that.

E

It actually gets its own wikipedia entry. If you look it up on the long history of creating the l.

E

um So in that sense, I think this application makes a lot of sense. My my concern is: is five years ago.

E

Your client came before this board seeking relief to reconstruct this garage. Why is it that this.

E

Seemingly pretty logical extension between the two pro the two main buildings, not not included at.

E

That point in time, I'm not sure. Yes, you may yeah go ahead. Please you have to introduce yourself.

B

Please hi, my name is sarah lynch, I'm the owner, um so we before it was falling in. It was like tilted.

R

And it was a flat roof and we had three small children, so we put a fence up just so my kids.

R

Couldn't get onto the roof and fall, it was very dangerous and our neighbor actually said to us as.

R

An engineer at the bus stop one day he's like you need to fix that or it's going to fall in.

R

We weren't ready, really financially or anything to do it, but we had to and the way it's built. It's.

R

Three retaining walls, so it supports our whole property and they were telling us there's going to.

R

Be forty thousand dollars just ensuring to build this, so we had one builder come and tell us it.

R

Wasn't possible so everything was just to build it then, and not do another flat roof that would cave.

R

In so we weren't even thinking um about attaching it, because that was just financially kind of too.

R

Much money and we also thought if there were stairs inside and you could go up and they go.

R

Out the backyard and they go in her basement that that would work, but we've like rarely use.

R

Our garage we visit it, so I think we did what we could at the time. It was dangerous and had to be.

R

Done then, and financially, we did what we could afford and now living with it. We realize, and so.

R

Many people neighbors walk by like oh, you couldn't find a way to connect, connect it or you should.

R

Have connected it like we didn't do what we, what should have been done? The first time, I think you.

R

Know owners in the future would definitely want it connected to make the property not that we're.

R

Going anywhere makes sense, sure a fair answer, and um I guess towards that end and the concern of the.

E

Board is always that an applicant comes before us says: hey. I want this thing and then they come back.

E

A few years later I'm like well, you know I want a little bit more or something and then a few years later come back. I want one more or something yeah. So towards that end, my other question is I just.

E

Want to make sure that this you're being you know forthright, with the board um you're putting in.

E

A three-quarter bath in the l, which is kind of an odd spot, it's backed up to a half bath that.

E

Presumably, all the people on the first floor, your guests, on somebody from the residences in.

E

The first floor would use that half bath. What's the intention for this three-quarter bath and I.

E

Guess the concern is, is, is this something tied to a future plan for what is currently listed as.

E

Storage over the the garage, or is there plans for a future bedroom there or even more significantly,.

E

An accessory dwelling unit not definitely not an accessory dwelling unit, the storage space.

Q

um May be used as a bedroom for a short time, but that's not the ultimate goal. Currently the house.

Q

Only has one bedroom or one bathroom that has a tub shower in it and they have three girls.

Q

And so there's going to be a lot of showering they're all hitting their teenage years and.

Q

So between the five of them, they felt they really needed another bathroom with a shower.

Q

And there just wasn't a good place to do it. We tried to squeeze it onto the second floor.

Q

But that seemed like an expensive build around for a situation that will be temporary because.

Q

One of the girls will get older and go to college before too long, so they just need it for a while.

Q

So sarah and jesse said they probably would use that storage space for a.

Q

Few years as a master bedroom so that the girls upstairs could have their own rooms.

Q

But then soon one will go to college and that won't be a concern anymore.

Q

But definitely not an adu okay, so there is a good potential, then that it will actually be.

E

Another bedroom for the uh for the house, yeah. Okay, thank you any other questions. Thank you. Thank you.

B

So is there anyone who would like to speak to this for in favor of this petition.

B

Anyone to speak in favor.

B

Is there anyone who would like to speak against this petition.

B

Is there anyone who would like to speak too for against this petition.

B

Seeing nobody rise, I will close the public hearing and open it to the board.

A

I would just like to comment that I will be supporting of this variance request.

A

Visual inspection of the property, I think that in the end, it's going to be absolutely.

A

In keeping with the character of the neighborhood, it's a good upgrade. It makes a lot of sense so.

A

When someone's ready to make a motion I'll be supporting it, chair agrees with it. Lee.

B

I made the last one.

B

Mr mantle, thank you excuse me.

A

I've already made too much.

E

And I'll make a motion that we approve um as presented and advertised. Thank you is.

B

There a second for this position, a second second, okay, all right see, you guys all right! Thank you.

E

um So going through the you know, I asked a couple questions. I think the applicant.

E

uh Satisfactorily answered those questions in terms of uh the intended use. They're, certainly.

E

um Allowed to use the space as a bedroom with vidcon there's a reason why we ask for um floor.

E

Plans when anyone's ever doing an addition to um to a property- and this is one of the reasons why.

E

So, let's go through the criteria and some of the some of the salient points uh and relevant facts.

E

Related to them so grant the variance would not be contrary to the public interest. So the.

E

The public interest here in terms of a slight increase in the overall footprint of the of the.

E

Property, that's being asked for building coverage from just over 20 percent to a new 22 percent.

E

um Is uh is extremely minimal. The intent there is is not to create any kind of overcrowding.

E

This is really filling in uh space between uh two structures. um Won't won't be impactful at all to.

E

Neighbors of others or the or the general public out at large. um A second criteria is um sorry.

E

Cheeto is uh grind, the variants would would observe the uh the spirit of the ordinance.

E

um Again, this is a very, very minimal impact. That's being requested here to um to what the ordinance.

E

Is trying to accomplish um through keeping light in there between buildings, keeping open spaces so.

E

The general appearance of a lack of crowdedness, especially in these single resonance zones,.

E

um So with that um this, this again is info between two buildings. It's very minor increase in in.

E

um In overall density on the property and then the slight uh impact to the setback requirement.

E

Again, no one would even notice it's really not up not there's already other portions of.

E

The building that are far closer to the edges of the lot substantial justice will be done. That's.

E

Against the battle, a balancing test between what the applicant is trying to do and what the public.

E

Interest is, I think the applicant clearly wins that that balancing test they're asking for a very.

E

Very minimal relief that provides a lot of benefit to them in terms of connecting this odd garage.

E

uh With their with their main house, securing it from the winter and also.

E

Allowing an extra bathroom to be created in a in a challengingly small home with a with a.

E

Decent sized family in it really the public has no outweighing concerns that would that would.

E

um Say that what the applicant is looking for is is unjust uh value of surrounding.

E

Properties will not be diminished again. Very minor change really does not not affect the.

E

Characteristics of the neighborhood, no impact to all your surrounding properties and then.

E

Unnecessary hardship, so I think the applicant has made a a good argument, as they did before.

E

During their original request to this board for relief that uh that the unique topography of.

E

Their lot where a garage had been built many years ago, they re sort of reconstructed that.

E

As the applicant indicated, potentially a lot of structural work there, something that that.

E

No homeowner ever wants to wants to hear about about their property, but they they are were able.

E

To remedy that situation, recreate the garage and now we're doing a logical connection between the.

E

Two of them that has the applicant indicated they probably would have done at the time, had.

E

They thought a little bit more about the project and felt that they were in a position to do so.

E

um Financially, so with that, I think that is a hardship is, is the topography of the building? It's.

E

A reasonable request of uh of connecting these two structures- long history of it in new england,.

E

Architecture- and they are now contributing to that long history. So with that, I recommend approval.

B

Do you have anything to add yeah I'll, just add that, for uh the variance not being contrary to.

D

The public interest, um the good faith measure to address storm water management as well.

B

Okay, is there any discussion before we vote? If not, then I will start with mr mano and the.

G

Motions to approve the motion is to approve yes and mr mcdonald, yes, miss marjison. Yes, mr graham.

E

Yes and mr rossi, yes and mr matson, yes and the chair also votes. Yes, you are approved. Thank you.

B

So we have just one more petition, but normally at this time we decide if we're going to take.

B

A five minute break: would the board like to do that or just power through for one more petition.

B

I would like to take a break okay, we'll be back in five, I mean.

B

Yes, yeah, I was gonna power through, even though I had my my soda, but I.

E

I would appreciate a break if you're willing to give us one so very quick.

N

Okay, we are resuming our meeting, and the next item of business is the request of patrick and nicole.

B

Malali malayali malali owners for property located at 36 hunters hill avenue, whereas relief is needed.

B

To construct an addition with the second living unit, which requires the following one variance.

B

From section 10.440 use number 1.30 to allow a two-family dwelling unit in the business district.

B

Two variants from section 10.531 to allow a five foot setback where 10 feet is required.

B

Said property is located on assessor map, 160 lot 38 and lies within the business speed district.

B

It's all yours, how you doing good, I'm patrick mullally, my wife, nicole with property owners.

S

We are requesting variants on our property, so we can tear down our existing non-attached.

S

Garage and create a new attached garage with a living unit above it for my mother.

S

My mother is older. I ever named her age down, but this is televised. I won't say it and she lives.

S

Alone and we are attempting to get her closer for various reasons- uh we tried looking for houses.

S

In the area and that's a near impossibility, so our current home is not really set up in a way.

S

Where we could set it up to do that, where she would have her privacy- and this is our attempt.

S

At fixing that our home was built in the 20s in the 30s, it was moved from one side of our garage.

S

To the other, for the bypass to be put in this is how or why our property currently does not.

S

Meet the setback guidelines someone's been in our family since it was built. My grandparents.

S

Lived there with my father, we were hoping to be able to stay in this home. We would like.

S

To have my mother closer so she can be with her grandkids, and so we don't have to worry.

S

About her living alone, the current garage is about eight feet from the property line and.

S

The proposed garage would be roughly six feet from the property line, so not a huge difference.

S

um And it also from that corner will taper away from the property line. uh The only side that will.

S

Be affected is the bypass as well as we are well within our other setbacks. um We get no intentions.

S

Of actually renting this, this is literally going to be a mother-in-law apartment and who knows our.

S

Kids may wind up in there afterwards. We want to project project, to look nice and keep the feel.

S

Of the neighborhood, which I think the proposed plans it does, the garage edition will give the.

S

City additional tax revenue from me, it will make our home more welcoming for my mother criteria.

S

The request is consistent with the character of the neighborhood, as the addition would.

S

Be only creating a garage edition and would look within the character of the surrounding.

S

Neighbors, the change does not impact any neighboring properties with sight lines or.

S

Encroachments as a setback issue, it's only issue the only directed button of the property line in.

S

Question is the rule one bypass another, many two family homes of the surrounding neighborhood. We.

S

Have plenty of parking on our property and the additional car will be in the garage.

S

Whenever they are anyhow, the required set part cannot be achieved, as we are currently over.

S

That setback in the proposed plans stays very close to that same footprint on that side, even.

S

Though we'll be considered, if you found family will look very similar to the way it does not.

S

With just an attached garage living space for my elderly mother, the issue with the setbacks.

S

From the bypass shouldn't be a huge issue, I'm hoping as our home was moved in the 30s.

S

To allow the bypass to be put there in the first place and our garage was never moved.

S

A moderate change: the existing structure allows for our mother to move closer for us and be able.

S

To stay enforcement and granting the variants will add tax revenue to the city director butters.

S

Include 2-1 family homes and then the two family home home with attached studio, apartment and route.

S

One bypassing a gas station extended neighbors include several commercial buildings like gas.

S

Stations gun exchange, no expected detriment to any of those surrounding properties, is expected.

S

uh There is no way for us to achieve the setback, as our current garage is already non-compliant.

S

If we are unable to get the approvals, we're just going to have to get back to the drawing.

S

Board, I guess [applause]. That is all I have to say. Thank you. Does anybody have questions.

P

uh Thank you, madam chair, um really just I want to validate with you that the intent.

E

Though, is that the current garage will be torn down and that this new structure will be put.

E

In its place, is that correct, correct, okay but the main house? It's really just simply.

E

An add-on to the back of the main house, the main house is otherwise largely unaffected.

S

I mean yeah, it's like there might be some appearance issues uh a little bit.

S

They have to change roofs so that on the very back okay, where it will be attached.

A

Does your mother still drive is oh yeah, so she's very independent um having her live in our house.

S

With us now, I don't believe she would be happy with she likes her space and likes.

S

To go when she wants to go, and it's just more if she'd feel better. If she were closer to us.

B

Questions for the applicant, were you finished, I'm sorry, mr rossi,.

A

I'm finished for now. Okay of some things I want to discuss while we're okay.

E

I

I know so this is not another garage. Well, there will be there's a garage, a garage underneath a.

S

Living space up above, okay, all right, that's that's what I thought all right! Thank you.

B

Yes, mysterio, so I actually have a question for city staff. um So if I could so the advertised.

E

Relief that uh the chair just read into the into the um record, is that it's a five foot setback.

E

Where 10 feet is required, but it'll leave it and for your table and for the zoning ordinance. It's.

E

Actually 15 feet um any concerns with that. I'm presuming that's the way. It was also advertised.

C

Sorry, can you say that again so it says oh yeah five feet worth.

E

Right uh well, my the packet, I'm looking at page 242 and, as was read by the um by the chair, is.

E

A variance from section 10.531 to allow a five foot setback where 10 feet is required. But it's.

E

Actually, a 15 foot setback in this. I believe it is 15 feet and where that would be less.

E

Yeah so so my concern is, is with the advertisement of this uh with that verbiage um not being quite.

E

Correct um just interested, if I guess something we need to decide. If that's a de minimis.

E

um If it is in fact, an error, whether or not a de minimis error or not.

B

It is 15., it is yes, so it's it is 15.. um I believe it is okay to move forward as long as.

C

It's stated, and there is a stipulation that says you know it's: a five footwork 15 is required. Okay,.

C

um Should the board decide that that is not what they would like to do? um The alternative.

C

Would be to re-advertise? Okay, thank you. So it's on the agenda. It's 10 feet. It was, and it was.

I

This is how it was advertised right, correct, okay, been in our details, it is, and in the ordinance.

N

It is 15 feet yep. The advertisement should have said 15 feet, mr rossi yeah. This is, uh I guess,.

A

It's where interacting with city staff right now. This is really a question for my own education.

A

uh And that is, why is this I mean: is this being considered as an except an attached accessory.

A

Dwelling unit is that what we're looking at here- and why is it not that- and I can speak to that so.

C

um Neither an accessory dwelling unit or a two unit is allowed in this district.

C

um The reasoning um of city staff was that more than two units is allowed. um I believe.

C

It's three to four is allowed, so this would be by having it be two units, rather than an accessory.

C

Dwelling unit, um it would be more in conformance with what is allowed in the district or closer.

A

I mean yes at the point of fact. One unit is also not always to correct incorrect, so it's currently.

A

Not conforming in that regard existing numbers this way, then it's moving closer to conformance.

C

Yeah, but I guess what I mean, the real intention for the ordinance is to encourage uh higher.

A

Density uh development in in that business, uh zoned district yeah, which this is not doing, okay,.

I

I thought no okay, so sort of piggybacking on that a little bit and.

I

What in the staff memo, I don't need to put you on the spots. Definitely.

I

um And this was a question that I had and the staff memo. It said that um looking at it.

I

Higher okay, so fam two family units are not permitted, but higher density.

I

Residential uses, including three four family units, is permitted by right right.

A

That's the weirdest thing so they're looking for apartment buildings in this zone because.

I

Apartment buildings are commercial uses, they're, not residential users, so.

C

I guess I was going by the table under the table of uses. It's three and four is under the.

C

Residential section, um but yes, I agree, it's all commercial use, in other words, so just a.

I

Follow-Up question and I haven't exactly followed the land use board that the land use committee.

I

That well, but the um I think that they are going to make the tax accessory dwelling units by right.

I

In would it be in the businesses? You may not know that I don't know.

C

um I don't believe they've fully vetted that um and it's my understanding that it's not.

C

Going to be allowed by right right, oh really, as at least as it's drafted in.

C

Current form: okay, all right! Thank you! So why don't we move ahead with this as it is, and.

B

I would consider this five foot error, something that we could live with unless I hear differently.

G

Instrumental can we um save the discussion until after the public hearing good idea, okay,.

B

No more questions is there. Anyone in the public.

B

Who would like to speak to for or against this petition?.

T

Good evening my name is john hollowell. I am butt metal alleys on 361, dennis street.

T

And I urge the committee to approve the experience.

B

Thank you. Thank you. Is there anyone else to speak to in favor of this petition.

U

Hello, my name is tony kobiello. I live at 341 dentistry, I too, about the malalis and we have.

U

No qualms about their intentions or this edition. I do have a lot of qualms about the zoning that.

U

Is currently allowed on this property and and what I just heard from this board, I would say it would.

U

Be an entirely inappropriate for it to have a four unit apartment at this. If you were, I don't know if.

U

You did a sidewalk. This is this street is about 10 feet higher than route 1. At the end, there's.

U

No way you could have access to route one when david holden was the chair of the department and.

U

I was on the planning board. I felt inappropriate because I was a butter to suggest this, but this is.

U

Entirely zoned improperly, and my comments have really nothing to do with patrick and nicole's.

U

Application, but um I fear that somebody's gonna, you know, take these properties and try to do.

U

Something like that now, the current residents are both there's only two of them. This is a you know.

U

Short street, it's got four driveways on it, the two that but the route one bypass are currently.

U

Zoned business and um I'm hoping there's some direction. This board can provide to the planning.

U

Department staff to look at rezoning these properties, but again I want them. None of that.

U

It's a bigger fall to route, one from the height of this platform. By the way um I want none of.

U

That to to affect the application, but um I don't know if there's some way to document that or put.

U

It as part of a a condition on this, but it's just it's a fearful thing to me to us in the.

U

Neighborhood, who, like the monologues, have no plan to leave to have the chance that these.

U

Two properties could have something like that happen. Thank you for your time. Okay, thank you.

B

Is there anyone else to speak in favor of this petition.

B

If anyone to speak against this petition, is there anyone to speak to four or against this petition.

B

It's not I'll close the public hearing and we can continue with our discussion. Yes, I would.

A

Just like to clarify that, uh I was merely trying to understand what the zoning ordinance as written.

A

You know allows and doesn't allow I'm certainly not suggesting that someone building out to the.

A

Maximum you know, I have no opinion about that at all. The minutes will reflect that. Thank you.

B

Mr man, um I'm sure I'll make a motion to um approve the requested variances. As president.

E

Advertised with the stipulation that the board recognizes the de minimis error and.

E

The advertisement for this, this application of 10 feet versus 15 feet. Okay, is there a second.

B

Thursday, second, thank you, mr.

B

Okay, please! Yes, all right! Thank you, um so this is kind of an interesting application. I think.

E

It's got a lot of um little little quirks to it. You know when the route 1 bypass was created back.

E

Circa 1940, as the applicant pointed out, there was quite a bit of disruption to a number of.

E

The streets in this neighborhood myrtle avenue was cut into so they now have cane street on one side.

E

Myrtle avenue on the opposite side cut street was cut into and then also, as was indicated by.

E

The applicant uh this their property, was also adversely affected by this. uh This decision to.

E

Create a a drive around for uh for the downtown, which we all appreciate today, uh but uh was was.

E

Disruptive, so we appreciate the sacrifices that were made by our our forefathers there's also.

E

Kind of the, as has was indicated of a speaker, caviello and and the applicant. It is kind of.

E

Unusual that this is his own business. There is a pretty substantial elevation difference between.

E

This property and the one directly across the street from it on on hunter's hill avenue and.

E

um And and really it's probably not realistic that they would be turned into businesses, they.

E

Certainly, at the height of when there would have been some kind of desire to go and do that.

E

Back circa, the 1950s and 60s when the route one bypass essentially carried all the traffic from.

E

The new hampshire turnpike across into maine, so you had a lot of traffic going across and.

E

Paying 10 cents on the uh on the previous uh sarah mildred long bridge um that you had you know, would.

E

Have been the time when somebody would have you know, bought these properties out demolished them.

E

And put in gas stations to compete with all the other gas stations uh along the route that they.

E

Took advantage of all that traffic going by that didn't happen um so realistically, what we're left.

E

With today is is probably not not a true business use for what would would have been anticipated by.

E

The drafters of the of the uh zoning ordinance, but rather, as has been pointed out, perhaps a.

E

More notorious use of of creating a large building that would have multiple units in it, which would.

E

Actually be allowed by right, so something that probably needs to be fixed. I'm not sure if this.

E

Board is one to tell another board what to do. I, I sense that the reason why it's a business district.

E

Is simply to connect the other obvious business properties along the route 1 bypass to the rest of.

E

The business district that continues a little ways up on the bypass to reflect the next gas station.

E

That's there and then is also reflected by the businesses that are on the opposite side of the.

E

Of route 1 bypass, so you know you need to kind of create contiguous.

E

um Zoning you can't just separate off just a couple of properties and create spot zoning.

E

Wouldn't want to get accused that, so I think that's the reason why this was done, um but.

E

That I I do think that it is. It is reflective of the fact that this property is probably not in.

E

The correct zone, it really should be in the gra zone, uh similar to the all the other properties.

E

And the immediate budding area, so that said the applicant, even if they were in gra, would not be.

E

Fully compliant gra does require the 10-foot setback that was advertised rather than the.

E

15 foot required by the business, but I think the the the difference is still still the same. That.

E

Realistically, what the applicant is asking for here is simply some relief to put a similar size.

E

Structure to one that already exists with yes, a little bit higher so that there is essentially an.

E

Apartment slash accessory dwelling unit, whatever we'd eventually call it, but the fundamental point.

E

Is is, is a second unit, which is what an adu is, and adu is just a special second unit that is allowed.

E

By law in the state of new hampshire, especially for single residence districts, which this is not.

E

A single residence district, it's a business district, so I think it's kind of six of one.

E

Half dozen, the the other, whatever we want to call it, it just does recognize that there will be this.

E

Separate independent living unit that, for the current moment the applicant has indicated, will.

E

Be for a family member, it could be something else in the future, but I don't think in either way it.

E

Would be uh detrimental to the characteristics of the uh the surrounding area so just to go.

E

Through the variance evaluation grinding, the variance would not be contrary to the public.

E

Interest again, I think the public interest here is in uh kind of this sort of zoning connection.

E

um That is, is probably not really shouldn't negatively affect the ability of this residential.

E

Use our existing non-conformity in the um in the business district from being slightly expanded.

E

From one dwelling unit to another, it is probably the public's interest again is so that the that.

E

This property could remain in the hands of the of the current owners and not be necessarily.

E

Transferred to some other owner, who would then try and take more advantage of the uh of the.

E

Allowances in the business district and perhaps provide something that would actually be negative.

E

To the public interest, as expressed by the some of the neighbors who have spoken here tonight,.

E

um Grain, the variance would observe the spirit of the ordinance. So again, it's relatively small.

E

Amount of relief that's being asked for um a little bit bigger, because this business district.

E

But if it was more correctly zoned as the general residence a would be about 50. The reason why we do.

E

That is for light and air up against the budding properties. In this case, it is up against the route.

E

1 bypass, it is there's, there's no impact on light and air. In that circumstances, and in fact the.

E

Elevation difference also between this property and the route 1 bypass further negates that, as a.

E

Concern uh grain, the very introduced, substantial justice again, the public's interest in not only.

E

Allowing the applicant to do what they're, acting for, but um in keeping it from maybe being rebuilt.

E

In some other fashion is actually tips that balancing scale in in the favor of the applicant.

E

Grant the variants are not to finish the values of surrounding properties. I don't think any of.

E

The businesses that are at the lower elevation will be negatively impacted by by this there's.

E

um No impact neighboring properties, because again this is all on the opposite side of the other.

E

Residential properties that could potentially be impacted, so I don't see any issue there and then.

E

uh What is the unique hardship of this property again, um as the applicant indicated, their current.

E

Situation was actually set up by something that was imposed upon the property uh back circa 1940.

E

When, uh when a public roadway was built and uh and their property was reoriented and removed, elements.

E

Moved around on it, they are not really creating any worse of a encroachment than what is what is.

E

Currently there it is somewhat more elevated in height, but not excessively so or in such a.

E

Way that it would be detrimental to it becomes a reasonable use of the property, and then you know.

E

This elevation change between it and the route one bypass really creates the the situation that.

E

um You know a more normal business. Use of this property is extremely unlikely and and probably.

E

Not logical for the way that this property is accessed through hunter hill avenue. So therefore,.

E

With those hardships, I believe it's a reasonable use, there is there's unique characteristics of.

E

The property, and with all that I recommend approval with the noted stipulation, thank you.

B

um I would just add that it is interesting that, uh instead of being an unusual watt,.

D

Shape it is an unusual zoning situation that has led to this hardship, so I second thought.

B

Thank you any further discussion. I could say normally you know the the dwelling. The amount.

I

Of dwellings on the lot is something that um I take very seriously, because the the um the.

I

City is usually very intentional about that. um However, in this instance, it's very hard to square.

I

With the fact, I recognize that these multi-family dwellings are commercial buildings generally.

I

um Apartment buildings perhaps, but I I do find the way that I view it is very hard to square.

I

Given the fact that the zoning does seem to be a little bit off on this, this a little.

G

This area, and uh generally, if the zoning's a little bit off, I generally give the benefits. I.

M

Will be supporting it, so I'm going to ask beth to uh just clarify that in just a position to.

A

The discussion uh that I recused myself from on 915 sagamore, where the applicant also made.

A

The case that it was improperly zoned for that parcel, so why is this case different from that.

A

Case well, we finished the public hearing on that case, so I'm not going to discuss that case now.

M

um So that's and every application is different. So that's a very different application.

E

I'll be a tad more during I guess I mean you know. I also think that the intensity of use and some of.

E

The the waterfront business district again this is business versus waterfront business. I haven't seen.

E

The passion out of speakers at various you know, zoning events that I've gone to uh charettes and.

E

Whatnot, there's not quite the passion for all the gas stations along the route 1 bypass that there.

E

Is for this sense of preserving some element of the city of portsmouth that could easily go away.

E

If we let our waterfront areas be converted into other uses, so so I I do think that's a mitigating.

E

Factor as well, thank you for commenting. I've not really set precedence either each property is, is.

B

Different, it is unique, I mean I do when I think most of us try to be consistent, but also a point.

I

Of order that we're not discussing 915 sagamore avenue we're discussing this application so.

B

If there is no further discussion, I will call the vote. Mr mantle. Yes, mr mcdonald, yes miss.

B

Marjerson, yes, mr graham yes, mr rossi, yes and mr matson, yes and the chair votes eye as well. So.

B

Your mother is welcome.

I

That's something first sure, no not of them, but for next week we'll be listen, we'll be.

I

Hearing the rest of the applications uh e to y e through I again, there are no continuances.

I

Or postponements on any of those or that we know of at this time, not at this time. Okay,.

M

Thank you. I appreciate that, so I didn't mean to interrupt the motion.

I

And 635 wouldn't get added to next week. It would have to be the next march 23rd yeah.

G

If no one has any other business, then I will.

B

Accept emotion, to which a second, okay, all in favor all right! Thank you. Okay,.