City of Portsmouth, New Hampshire Planning Board, 20 Oct 2022

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From YouTube: 10.20.2022 Planning Board

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10.20.2022 Planning Board

A

Good evening, welcome to the october 20th meeting of the fort smith city planning board.

A

I have a full board recording in progress. The recording is in progress.

A

On the agenda is uh poor discussion, regulatory amendments and other matters, I'd like to clarify.

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uh That's actually, those are actually my words and other matters only means planning.

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Board matters, not you know what you had for dinner, or you know how the tides might come.

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Tomorrow anything like that, so um we did want to talk about the planning board rules briefly,.

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And possibly have that teed up for next month to amend those to bring them into conformance with.

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The new statute on finding the fact and anything else that members might notice council more. We.

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Noticed one thing earlier today so did vice chair clark and uh jane also had some several.

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Things she'd noticed in there, so if anybody would like to discuss those, we can discuss those now or.

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And get the notice going for next month and bring them all up at once.

B

So do you anticipate this will be a one-shot edit, or will this be a con like we haven't seen what.

B

You're proposing yet so well, I'm not proposing anything other than what I sent. I think we have.

A

To make the change on the findings of fact, and I did send that to everybody, it was in red those.

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Are pretty simple legal has only glanced at them. They think they're, okay, but they'll do.

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You know they'll, make sure everything's okay there before next month and the what happens.

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On a tie, vote was also clarified because that's been incorrect in our roles previously.

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There's procedurally on the public hearing process, I think councilor moreau noticed was.

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After the public hearing is closed, there's not supposed to be interaction with the public read.

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The rules and see there's a right now, there's a possible option for that. I don't know if we.

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Want that or not that's not the way, we've been running things, so I think it's a good idea to.

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Clean that up another one that corey noticed was the actually the vote for chair is supposed to.

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Be secret ballot unless you vote proceeding to say it's not going to be by secret ballot.

A

I don't have a feeling one way or the other about that, but that's something else to take a look at.

B

um And isn't the chair? I'm sorry. Excuse me um supposed to be voted on annually. Correct, yes, okay,.

A

Every first of the year, so I'm not sure what uh I know you had a number.

A

Of things, do you want to bring those up jane, or do you want to.

C

um I don't know if I can remember all of them you don't have to, but, for instance, if.

C

The members are being appointed by city council versus the mayor. That's a very different process.

C

Board members, how board members are appointed, it was my understanding it's through the mayor, but.

C

um And then I believe I had comments on the roles of the board chair.

C

um The role of the secretary, I think I had edit you know, edited some comments in there.

C

About those two things: okay, why don't we propose this? If you can send your proposed edits to the.

A

Planning director myself she and I'll get together before the notice has to go out for the next next.

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Month and we just have to touch on what will be discussed, not the specific, so they'll leave room.

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To you know won't bind us into any particular. It's not like a zoning amendment where we have.

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To propose the language we just have to say: this is what we're going to be talking about.

A

And it's it's also: it's not a public hearing. That was my mistake. It's just at a regular meeting, so.

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We'll plan to do that next month, if that makes sense.

C

And so you'll convey like miss morose and my comments also too. Yes, okay and any other. Yes.

A

I just want to state that I know governance is taking a look at how all members of all boards.

D

Are being appointed and that's control of the city council, so we can't change and our rules.

D

How that happens, we just have to make sure it matches what the council policy is. That's awesome.

A

There were other things uh that will come up perhaps later that actually some of the items.

A

On tonight's agenda made me notice possible zoning changes that aren't significant like.

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The zoning map, what about running maps- and I think the subdivision regulations.

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And cyclone regulations need we need to just do due diligence and go through them.

A

uh There are they haven't looked at in a while. I know, site plan definitely needs to be addressed.

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Subdivision, maybe not, but I think we need to look at it as a full board so, depending on again I'll.

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Talk with the planning director and we'll see what we think, how substantive, how much work.

A

Is there whether we need a special meeting or we can just fit it in the next regular meeting.

A

Go over those things. Yes, um I just wanted to mention the master plan.

C

um According to rsa 6743, the planning board is responsible for preparing amending and.

C

Adopting the municipalities master plan, and so I think we really need to decide.

C

You know: do we want to review priority sections at this point and what are those decided as a group.

C

um I think that there's a timeline that needs to be.

C

Created a master plan committee and also um a discussion and a process for how we can have.

C

An independent consultant with experience in master planning help us through that process.

A

My director and I actually discussed that earlier today. Definitely would you like to.

E

I've uh requested as part of this year's cip. It's absolutely right. It is useful to have a.

E

Professional consultant support the development of a master plan and, in addition to having staff.

E

Dedicated to that long-range planning effort, I've asked for funding for next year and the subsequent.

E

Year for the purpose of a master plan uh development, I think it is timely. You are correct.

E

When you say that there ought to be sort of a sort of steering committee of sorts, usually having done.

E

A couple at this point in my career usually begins with a broad public outreach exercise.

E

You don't get into the actual policy work, and so I think the first steps I think I've asked for 50.

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000 next year, we'll see if that gets approved and then subsequent to that another 100 000 to begin.

E

The public outreach process and begin the draft policy development, so it would begin with the.

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Public involvement plan we would also potentially charter the project to get a sense of what the.

E

um The governance of that project might look like it could include a steering committee that.

E

Would very likely include planning board members and then, after that, we would begin the outreach.

E

Would which would be dictated by the public involvement plan? Typically, that includes you.

E

Know meeting people where they are. It includes some technology type activities. Stakeholder.

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Meetings focus groups, surveys attending farmers, markets with exhibits and really sort of getting.

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A handle on the direction we have with some very specific questions that public involvement plan.

E

Will span the entire development of the master plan and you're absolutely right.

E

There should be a steering committee and there should be consultant selection. All I think are.

E

There some of the first steps in moving that forward, usually as a multi-year project but.

E

The public outreach component because it does reflect the emerging values and the.

E

Shifting priorities of the community- and it really we have come to understand that that.

E

Public outreach component probably is one of the most important parts of a updating.

E

The master plan, and certainly the scope of that can be guided by this planning board.

F

Wondering in the interim can we reconcile the current master plan and maybe go through it as.

F

A planning board commission, as well as public input, to determine completeness of some of the.

F

Components in that master plan, as well as just reviewing projects that have begun and are maybe.

F

Underway- and maybe we can start that sooner rather than later, so that by the time we have.

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Cip approval for some of those funds we'll be in a better position to then take immediate action.

F

Thereafter, andrew, I think that you know I missed a very important step and I think you kind of hit.

E

On it, um every planning process begins with these existing conditions. You cannot say where you're.

E

Going if you can't identify where you are so, uh I know for the climate action plan. There is a strong.

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Involvement by the sustainability committee in developing those existing conditions- and I can.

E

Definitely share some examples, so working through existing conditions might be a good first effort.

E

And it usually involves understanding regulatory context, local context, trends, demographics, all.

E

The things that you would want to you know get a sense and also legislative imperatives that.

E

Have been adopted so I think that could be folded into that very first exercise and it.

E

Would inform these subsequent phases, particularly for the points that probably some of us, including.

F

Myself were not involved in that master plan uh exercise previously, and so just getting a.

F

Background and stable foundation to proceed and have viable and valuable uh contributions to the.

F

Next steps would be huge and um even involving maybe some public review type of input where we.

F

Get people commenting on certain aspects if it's a certain neighborhood that has had a.

F

Lot of work done and maybe commenting on their their impact and what they've seen so kind of.

F

Like a boots on the ground type of perspective that we may not otherwise get a chance to do.

F

Yes and I think uh just a point of clarification: cit, it is in the cip, but it has to get through.

A

The cip and then it has to get through the budget and it has to get it appropriated by council. So.

A

The funds aren't actually available for anything until it goes through the entire process. So it's.

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A little bit of a ways out, and I I'm not going to try to predict the council's yeah action on.

A

That but one thing I would really like to see the planning board involved in is public outreach and.

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Possibly having some feedback there's been a lot of development in town, the last 10.

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Years and getting some feedback with images for how what people think of development you know.

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um What we may have as opinions for nine to ten people is one thing, but if the public really.

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Likes certain things and really doesn't like certain other things, we ought to know that and.

A

That can help guide things like the master plan and the regulatory modifications we talk about so.

A

You know more more information, uh just one more suggestion. I really like that idea and drew. I.

C

Don't understand why we can't start kind of gathering the the citywide perspective.

C

About what the vision is and what the intended growth rate is now, and one thing that I thought.

C

Of was we have these city-wide neighborhood committees that meet ward by ward, that are.

C

Ongoing it seems like that would be also a great forum. It wouldn't cost anything extra.

C

Since it's already ongoing, where we could start to show people, you know images of the development.

C

That's already occurred in the different sectors of town, including anything that is.

C

You know impacting or within that specific ward and start to gather information there. So are you.

A

Two offering to work on a subcommittee to talk about ideas: how to do some of this yep yep, okay,.

A

Let's do that anything else? Yes, speaking of cip, I was hoping. Maybe we could get.

B

An update of where that stands where's the process in the cip stand right now.

E

I'd be glad to do that we are working through. I think I believe the date is set for the.

E

Subcommittee meeting but we're trying to finalize the date, I believe that is going to be in december.

E

That the planning board subcommittee or actually it's the planning board advisory committee, we'll.

E

Meet and review that we are adding an additional public sort of review of that through a council.

E

Subcommittee and that will take place in november and then it will they'll sort of take of the first.

E

Look at the citizen requests and that'll be the primary objective of that sort of first review.

E

It will then come to the subcommittee after it goes to through that the city council, uh it'll.

E

Come to the advisory committee after the council in december, and then they will work on it and.

E

Ultimately, deliver a recommendation to council about the cip, which will be adopted. I believe in.

E

April and then considered as part of the budget moving towards july, so new for this year is a.

B

Subcommittee from the council, instead of just the planning board subcommittee, um that's correct, yeah.

E

I'm just curious: why do we feel the need for that? uh I will let city manager address.

E

That sure um we will speak about it at the upcoming october 24th city council meeting.

G

um It's one of the city council goals to have more community engagement and to more fully vet and.

G

Speak publicly about the citizen requests that we received this year was a banner year we received.

G

More than doubled in years past, so we want to walk people through the processes. We know it explain.

G

What can and cannot be part of a cip? Some of these requests will be ones that are already included.

G

Some are not cip eligible but want to give the citizens a sense of where their requests went.

G

And how we're how we're treating them so that we want to make sure there's there's enhanced.

G

The transparency is, is not the right word. It's more enhanced communication community. Thank you.

G

Thank you counselor, so that will be new this year and we'll be talking about that more monday night.

A

Anything else on this first topic.

A

Next item on the agenda is the approval of the minutes september. 15Th. Anybody have any comments. Oh yeah, yes,.

B

At our our two 21 minutes and 21 seconds, I requested that ben fletcher's presentation be.

B

Included in the minutes, and that comment was not in the minutes and ben fletcher's presentation was.

B

Not in the minute so just wondering how best to correct that I need some help, because last.

B

Time I tried to vend the minutes. It didn't work out because I didn't phrase it properly.

B

So I want to make sure I get it right this time. As far as do I need a motion, or how do I correct.

B

This, I do recall you asking for that, unless I'm dreaming of things um I I can't recall.

E

That we've ever attached a presentation to the minutes. We definitely, I think, post them, but.

E

If request, oh the request, uh I think you would just if they're, if you feel like it was in in.

E

That you didn't capture something I think you could. No. It was pretty simple. I just I because I.

B

Thought it would have been helpful to have ben's presentation in the packet before the meeting.

B

And I want the public and the planning board to have that presentation to review in the future. So.

B

um That's my intent here. I just don't know how best way to do it.

E

Well, we did, I believe we did post. The presentation is uh to the website. So it's it's not posted. So.

E

I think that we, if we did not get it posted, we absolutely can get that postage in, would.

E

That sort of satisfy that public opportunity to go back and review that presentation or do you.

E

Want to actually attach to the minutes yeah, my intent is to make it public anyway. The best way.

B

Possible we can. We should have already done that. So my apologies. If that was a request and we did.

E

Not uh get that posted, we don't always. I think the general rule that I've provided with staff is that.

E

If the presentation introduces new information, that's not in the memo that it really should.

E

Be included with the packet, but you know if it's providing content. But if it's a review and sort.

E

Of an aid to the content, that's in the memo that typically, I would say that it can be separate, but.

E

It's always useful to post it to help the public navigate that memo. So I I apologize if that wasn't.

E

Posted we can get it posted okay. So can I amend these minutes by saying that I requested that.

B

At the last meeting and that that presentation will be posted, then well you'll, remember.

B

The minutes that way for me, the minute, should reflect that you made the request.

A

And I think you responded, it would be posted yes and so yeah or ben did. I forget who I do that so.

A

Is that folks, recollection, is that yeah? Okay? So that was a motion to amend.

A

Is there a second for that little? Second. Second, second, any discussion I just like to make a.

H

Request that when we get and have those types of presentations that we get, those in advance.

H

It can be by email when we're here, even just so, we can pull them up on our ipads, because.

H

It it's hard to see it from here. For me, the large tech slides are easy, but the maps and.

A

Things are really hard on that screen. We will endeavor to get that to you earlier. Thank you.

H

It's hard to follow along otherwise.

A

I'm not even gonna call for both so amended anything else. That's it. We have two items for.

A

Determination completeness request of randy and jeff collins as honors and applicants of.

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Property 77 meredith way requesting preliminary and final subject approval to subdivide one lot.

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One existing lot into two lots and a request of richard as owner for property at 201 cure size.

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Requesting preliminary final subdivision approval to subdivide one existing line into three lots.

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And have a motion to accept these applications as complete some of second any discussion.

A

All those in favor, aye, aye application is accepted. We have requests for this postponement under old.

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Business request of is it blues or blush plus a very family living trust is owner for property, 225.

A

Weibird street requesting conditional use permit approval as permit under section 10 8 14 40 of the.

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Zoning ordinance to construct an attack attached accessory dwelling unit said properties located in.

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Assessor's map 133 lot 54 in the general residence a district. This is a request for postponement.

A

So moved second discussion. All those in favor aye is that to clarify that'll be continued to the.

A

Next meeting correct: yes, that is my understanding. They yep we'll be on the next agenda under new.

A

Business we have a request of coventry realty llc as owner for property located at 111 state street.

A

Requesting a conditional use permit approval in accordance with section 10.112.14 at the zoning.

A

Ordinance to allow zero parking spaces where 35 are required, properties located assessors.

A

Map 107 lot 50 and lies within the character district, cd4 and historic district lu22-125.

A

Who's here to speak to this application. Thank you, mr chairman. Members of the planning board.

I

John chagnan from emmett engineering speaking on behalf of the applicant coventry realty.

I

The applicant is here tonight and also with us, is tracy kozak project architect.

I

So um 111 state street tax map 107 lot 50, is in the cd4 historic districts, not in the downtown.

I

Overlay district and we're here for a parking cup application for the number of parking spaces under.

I

10 11 2.14, the site is currently developed and there is a plan in the set that shows the site.

I

It's currently a developed site with no parking uh the applicant purchased. The two lots combine.

I

Them and wants to bring the building together. The building requires some renovation, and that was.

I

Made clear by the fire department and planning department, you should have a memo that is dated.

I

Today that they did do a walk through of the site with the new owner and determined that there were.

I

Multiple code issues that needed to be addressed so basically here to bring this building up to.

I

Fire and building code conformance by constructing an elevator and access tower addition on the chief.

I

Street side, so the property is bounded by state street chapel street and chief street in the back.

I

This line here was the line that did separate the two lots, but it's now combined and the app the.

I

Applicant is bringing the building together as one building putting in one stair tower to.

I

Provide for life safety, elevator access, ada access and code compliance.

I

That compliance is under section 10.323 of the zoning ordinance, which allows.

I

Buildings that need additions to become code compliant to be able to get those without going.

I

Through site review, so normally this would, as it is in addition to a commercial building, go.

I

Through site review, but the ordinance allows for building additions, minor additions that.

I

Are required for code compliance access and safety to be able to proceed without site review.

I

The review by the city did note that um a parking cup is required. That's why we're here.

I

The applicant is looking to convert some of the restaurant space into much needed housing as a.

I

Part of this overall redevelopment, so some of the restaurant space on the second floor, east.

I

Side is going to be converted to residential space and some of the space on the third floor.

I

That was support. Space for the restaurant use and did have a residence is going to.

I

Be also converted to additional residences, so there's a reduction in the restaurant.

I

Square footage and an increase in the number of residential units at the site.

I

That conversion of space reduces both the required parking and the parking demand at the site.

I

So we are here for a parking cup. The net result of this project is, we are reducing.

I

Parking and parking demand required parking being the parking required under the ordinance.

I

And parking demand being the estimated parking that is required at any particular time in the day.

I

Based on industry standard generation rates, the required parking under the.

I

Ordinance is going from 80 spaces to 69, so it is a reduction of 11 spaces.

I

And the parking demand is going from 58 vehicles to 52.. We submitted information that calculates.

I

That it's in your package, the vehicle parking demand, is also not taking into account that.

I

The rates of parking are not the same peak. The residential use parking demand peak is.

I

10 pm and the restaurant peak is between five and nine, so that number really should be even smaller.

I

The planning department reviewed and found that the ordinance.

I

Required this conformance because parking c: u p, because of the proposed change in use.

I

So the change in the use, not the use itself, but the amount or the change in the use, the.

I

First floor of the project, and we can go to the architectural plans if need be, but that.

I

First of all, use is not changing at all, except for the access in the back that is required to.

I

Make the second floor come to code to provide ada access and stairway egress to the second floor.

I

So, therefore, our required cup relief that was noticed and is before you 35 spaces.

I

Is based on calculating the changes in use? What is the parking required for.

I

The change in use, so we have here the first floor plan and in gray.

I

There we go that's the area of the stairway and elevator edition. The next floor shows.

I

Two apartments shows the addition in the back.

I

And this part of the building was restaurant space, and so the next floor shows three apartments on.

I

The top floor, it was a apartment here which was larger and then office, space for the restaurant.

I

The criteria for your approval are included in the packet, I'd be glad to go through them and we.

I

Probably, should um you were allowed to adopt and grant a parking cup if the application.

I

Includes parking demand demonstrating that the proposed number of off street parking spaces is.

I

Sufficient for the proposed use, so this is kind of a unique application in that it doesn't have.

I

Parking now it's not going to have parking, but the parking demand analysis that we've attached shows.

I

That the proposed improvements will decrease the parking demand at the property and I would submit.

I

That that demonstrates that the off-street parking is sufficient, because it is now.

I

Next, we have to provide evidence-based measures to show a reduction in parking demand.

I

And the evidence-based measure in this particular application is that the impro.

I

The proposed improvements themselves are going to decrease the parking demand.

I

Further, all the number of off-street parking spaces.

I

Required should be adequate and appropriate for the use of the property once again.

I

Since parking in the area is currently sufficient for the existing use and.

I

The proposed improvements will decrease the demand we submit that the parking is adequate.

I

And then, as you know, in the ordinance, you have the discretion to require more or less.

I

Parking which is not particularly applicable to this application.

I

Again, though, we would say that the reduction in both required parking and parking demand.

I

Meets the intent of the ordinance and we ask that you approve this application tonight. I.

I

Don't know if anybody else from the team wants to say anything, but I will take and.

I

Answer any questions you might have about this project. The questions of the applicant.

B

Sure, yes, uh mr shagnan, um I understand that this lot is non-conforming. Is that true, based.

B

On setbacks, yes, and certain setbacks, yes, yep, typically in that situation,.

B

um You're not allowed to make it not more non-conforming. Is that true? um Well, in particular,.

I

This application is n't was determined to fall under article 3, section 10.323 of the portsmouth.

I

Ordinance you familiar with that, okay and it says that modifications to a lawful non-conforming.

I

Building or structures may be enlarged or expanded in non-conformity, provided that the modification.

I

Is necessary to comply with the applicable code and specifically, installation and replacement of.

I

Components required for egress purposes pursuant to the building code are in that section. Okay,.

B

So, based on your description, I noted that this property will be increasing occupied area.

B

From 8 303 feet to 9212. is that accurate building footprint, no the occupied area, floor area.

I

I guess it depends on your definition of occupied. Well, I guess I'm just going off the she.

B

That was provided by our cove yep. You want to speak to that tracy tracy kozak, our cove.

J

Architects, uh some of that floor area increase, is the corridor to allow the occupied apartments.

J

To access the elevator and egress stair, there's also a small small portion of the third floor.

J

That was labeled as attic on the plan and we are proposing to have that as a part of the apartment.

J

But primarily it's the you can see. There's a corridor between the elevator and the.

J

Staircase and uh some of the connections to allow all these spaces to egress safely, okay,.

B

So, in summary, this building will increase in occupied area by about 909 square feet and.

B

That all that area is related to the egress, the elevator and the stairway, and how to get there.

J

um Half of it is the corridors on four levels between the stair and the elevator and then, as.

J

I mentioned on the third floor, there's a small portion of attic behind it's on the 111 side on.

J

The corner of shafe, which will become an apartment but again all that area that 909 square feet.

B

You're allowed to increase the non-conformance, because all that area is related to egress.

J

Yes, okay, all right, so um another clarification- I just hope you can help me with, is.

B

When the project is finished, you'll have 900 and 200, not I'm sorry, 9212 feet of occupied area.

B

Now is that equivalent to the living area in the portsmouth tax cards.

B

Would that be a similar number? I'm not understanding your reference of the tax card, yeah.

B

You know when the assessing department has living area as part of their tax cards. I just wonder if.

B

That's an equivalent designation. The new building is a little bit bigger than the old building.

J

Because we're filling in the courtyard with the egress corridors steering elevator, so it will be.

J

A little different than what it is right now, all right, so you're saying that what you call occupied.

B

Floor area is different than the living area in portsmouth tax cards. Oh I see I don't know how.

J

The tax card calculates it, but when we calculate it, it is to the um in in these instances it is.

J

To the outside face of the outside wall and the demising walls between units are down the center.

B

Okay again, I'm I don't know the answer myself. That's why I'm asking yeah. I think it's up to.

I

The assessor to assign the space, we can't speak to what the assessor will say. The square footage is.

I

And I'm sure the assessor would try to recapture all of the building square footage.

I

And assign parts of it pieces and parts to units does that help to answer the question.

I

The difference between the unit size and the total footprint- I guess I'm confused.

A

I'm trying to have what's the issue with the well, if we're heading with this is that.

B

I'm trying to make sure that all this increase in areas related to the egress.

B

Because the tax card has the occupied floor area, slash living areas, 7821 square feet.

B

And you have about 500 square feet more so again we can't speak to how the assessor measured the.

I

Building what the tax card says, I believe that the architect's measurements, though, are more accurate.

I

Based on existing condition, building surveys and cad generated square footages, I I don't.

I

Know how the assessor came up with the square footage. They may even be net square footages.

I

I'm not sure I know the answer to that. John is the footprint of the proposal. Basically, the.

A

Same as existing, except for the bump out, if you will for the elevator yes, yes, there are no other.

I

Exterior changes, so the exterior the footprint is the same other than what's required for life.

A

Safety is that is that accurate? Yes, I think it's important to make that distinction between the.

E

Non-Conforming building, which was exempt because of the changes to the footprint, were required by.

E

The building and fire code and the use is inside, which are all permitted uses. But that because the.

E

Expansion and change to the use the use brought with it. The parking the uses are all conforming.

E

Uses within the district, it's the parking that wasn't that was attached to the use. So it's just.

E

There's non-conforming uses and structures, and so in this case there was both but the non-conforming.

E

Structure was exempted by the fire deputy fire chief and the building official. But in order to.

B

Get that exception the extra living area our occupied area has to be only for the stairway.

B

And how to get there correct? So what let me see if I can explain how it was explained to me and.

E

John can jump in as well. I spoke to the deputy fire uh chief and also the building official.

K

When the buildings were merged, there was no investment. They would allow for anything in that.

E

Building until it was, it is long-standing not been up to code. They needed that building to come into.

E

Complete compliance that I understand from the building official, this building is now fully fire.

E

Compliant with the fire code and the building code, and that they would not allow any other changes.

E

Until that second stairwell was added to with two exits are required for the restaurant use. In that.

E

Satisfully satisfy that no new changes would be allowed in that building that those things.

E

Got fixed so it was required prior to any change. So that is the non-conforming structure. Question.

E

Inside the uses are completely allowed uses within the zone, they can make changes all day long.

E

But the changes that they made in this case did enlarge one of the uses and did reduce the other.

E

um So I think a conservative view of that, even though the mix of uses is essentially.

E

The same, there was a change and we have a very. We don't have thresholds for that change in our our.

E

Code that say changes that essentially bring into greater conformance, are example. We don't have that.

E

We just say change requires conformity. We don't have a threshold for investment, so we applied what.

E

What we thought would be a reasonable sort of um uh uh threshold for compliance uh for to address.

E

The changes that were on the second floor and the third floor, the new residential, I guess the bottom.

B

Line is I'm not convinced that all the extra areas, part of this project is related to egress.

B

That's where I am at right, I understand well. I think I think that that is based on the tax.

A

Card with a lower number and I'm having a problem reconciling the difference, I'm with the applicant.

A

We have an architect and an engineer who surveyed the exterior interior of this building, telling us.

A

Of the certain size and the tax card may be an error, you know, which is entirely possible. Tax.

A

Rate, I don't mean to disparage the assessors, you know, but it happens um and we don't have.

A

Yet- and we may before the night is over, but we don't yet have somebody a licensed.

A

Professional saying hey it's a 15, 000 square foot building. I doubt we're going to have that.

A

So the parking calculations for comparative purposes has been based on a larger number. If.

A

The parking calculations were based on the smaller number that might be right, an issue. My discussion.

B

Is really independent of parking at this point? So that's where my questions were leading with.

B

So I'm uh I'm off the parking thing right now. I'm just talking about the expansion and the making.

B

A non-conforming structure more non-conforming by expanding it in ways that aren't related to.

B

Egress, but if the footprint doesn't expand, it's not expanding, they're, finishing off finishing.

A

Off interior space- and that's allowed- that's not that's, not considered so increasing the occupied.

B

Space would not increase the non-conformance, no, not for it. The footprint stays the same and.

A

That's the regulatory issue in the code: it's not changing the setbacks. It's not changing coverage.

G

Chairman we happen to have the assessor on zoom, because she's waiting to be part of a discussion.

G

Further on the agenda she's willing to come on and address this if the board so chooses.

A

I really I prefer not to go down that rabbit hole to use an expression. I don't like to use.

A

um I really think we've got numbers we can can and should rely on and actually it's.

A

In my opinion, irrelevant because we're looking at a project that is reducing an overall parking.

A

Demand and that's the only non-conformity that is really the subject. That's why they're here.

A

So, but I'm talking too much who else wants to speak? If, if I might.

A

I'm not sure one second, one. Second, sorry greg. uh Ladies first okay.

C

This includes the outdoor dining area because it is like an expansion of the.

C

Restaurant, it shows on all of your site plans or and your diagrams, so I don't believe it.

I

Shows on the site plan the outdoor dining is a licensed thing that the city grants to folks.

I

And particular during covid and as we still deal with that that may go away, I'm not sure I.

I

Understand the question it's based on the square footage of the building. Nobody is required to.

I

Provide parking calculations based on how much they license from the city for outdoor dining.

C

Then could you explain how you get to the 2827 square foot calculation by which you did your peak.

C

Period of demand, analysis for the restaurant piece of sure the parking does it exclude the kitchen.

I

No, so um if you look at the first floor plan, the second floor plan, which is.

I

When that comes up- and you have it in your package, so the proposed second floor plan shows the.

I

Restaurant square footage in yellow 2827 square feet.

I

Provided by the architect and and what about the first floor.

I

Okay, so the first floor does not change at all, so this is just a calculation of that.

C

Change correct, so, okay, that's why I could never wreck sorry. I wasn't clear about that, but the.

I

Ordinance requirement that we come into compliance.

I

As determined by the staff, which is appropriately determined, if we're not changing anything, we don't.

I

Need to come into compliance, so there's no change to the first floor square footage of use right.

C

But these 52 tickles are 52 additional vehicles to the current parking demand for that actually.

I

Restaurant correct the parking demand currently is 58 vehicles, so we're reducing the park and demand.

I

Currently, the building requires more parking and, if you want to add the first floor in you're,.

I

Going to get an additive on either side, so it's de minimis, because you're adding to the existing and.

I

You're adding to the proposed, so they cancel each other out, cancel each other out. What we're talking.

I

About is what's changed and the change has to come more into conformance to the ordinance. Even though.

I

We're reducing the parking demand, the ordinance as written requires that we be here to get your.

I

Permission to reduce the parking demand, so we kind of ask for your help here on that and you.

I

Might want to well john on your the residential component of your parking calculations, yeah. It.

A

Looked like you used the number of units as your independent variable. Is that correct? uh Can you.

I

Bring up the change of the parking account parking demand, the parking calc, the parking calc is based.

I

On the portsmouth ordinance, so the unit size uh and the corresponding required parking so.

I

There's there you go so it's kind of hard to see. I meant for the right size. Look at the at the table. The.

I

Middle part is proposed and then there's apartment number occupied floor area and then the required.

I

Parking, so you have 1.3 1.0.5, 0.5 1.0. Those are right out. The five units.

I

Require that number of spaces right out of your ordinance requirement for parking. I I understand.

A

That I meant your your ite comparison is what I meant. Oh I'm, sorry yep. So uh the parking demand.

I

Came from the ite and we updated to the fifth generation or fifth edition. I'm sorry and we.

I

Used land use code, 220, uh multi-family housing, low-rise, yeah you're, familiar with that, I'm sure.

I

You know the definition is apartments, town homes and condominiums located within the same building.

I

With at least three other dwelling units with one or two levels of residence, so that's the one that.

I

We used for the demand and to use number of units, or did you use number of bedrooms, so we used.

I

Dwelling units, I think, that'll, give you a higher number than if you use bedrooms.

I

Okay, so it's 1.21 per dwelling unit, I guess, depends on the the bedroom count.

I

In the end, where you would land with that, but I felt that that was an appropriate.

A

One one of the units is two bedrooms. The rest of one bedroom is that correct.

F

People are nodding, their heads, so sorry is one of them considered a micro unit by square footage.

F

Allotment, yes, the 0.5, I think, because it's there's one there's one that requires only half a space.

F

Yep, so I think it will bring more housing. It's a good reuse of the building. If this was in the.

A

Downtown overlay district: what would how would it be considered differently, um so it would.

I

um Need four less parking spaces.

I

Because you get a reduction of four.

B

All right, I think I've determined the error of my logic on my last discussion, so I was confusing.

B

Buildable internal area with dimensional setback of the footprint of the building.

B

That's what I thought so I apologize for that waste of time, but you couldn't increase.

B

The building footprint only for the egress, but you can allow larger areas within the building.

B

Yes unrelated to egress, yes, okay, all right settles that.

L

Greg so my only challenge here is: is that we're we're lumping the parking need of residential and.

L

Restaurant into one total calculation- and you know you're you're, increasing the residential fivefold.

L

Which is, I guess, I use the word more intense, in other words, people that are in a residential unit.

L

Need parking seven days a week, 365 days a year, including the days when we have parking bans.

L

People parking for restaurants, don't so, while I'm okay, with reducing or just leaving the fact that.

L

The restaurant has zero parking spaces because there's more parking spaces in downtown than I.

L

Don't even know, but I I would be willing to drive from I mean to walk from market square to this.

L

Restaurant but I wouldn't be willing to walk from the foundry place garage to my apartment.

L

And having increasing the number of dwelling units without adding a single parking space, I.

L

I just don't see it, it doesn't work for me. I mean you're using one parking space for per every 100.

L

Square feet to calculate residential, but it's a more intense I mean to to calculate restaurants.

L

But then, when you come over here to residential thank you, this is discussion. This is board.

A

Discussion, this is right now we're questioning the applicant. um I do have a thought about that.

A

And my thought is that, in order to provide parking, building would have to go away or would have to go.

A

Underground, which is extraordinarily expensive, so you know what might be considered workforce.

A

Housing opportunities on state street would disappear. So that's that's another question. If I.

L

May, in the verbiage you basically commit to using this residential use for restaurant employees, but.

L

Yet is that going to be restricted somehow in the deeds, and are you going to continue to use that.

L

For restaurant employees in perpetuity, or is this just something that you put in for the first week.

L

I'm gonna take that mr chairman members of the planning board, I'm mark mcnabb.

M

To answer your question greg when we build micro apartments, it is the least marketable unit out.

M

There they don't have washers and dryers number of them will have murphy beds they're by inherently.

M

They draw the lowest rent, think of it from a consumer. You know, would you rent one for.

M

The same amount with the washington as a landlord. I disagree because I can rent the.

L

Studio for more money per square foot than I can a three-bedroom apartment.

M

Well, I I that's not my funding, so so um you know in in terms of my experience, this is not.

M

Being sold as putting deed restrictions in it's not required um the other thing I think it's.

M

Very important that has not been mentioned. This is really important as you consider it.

M

This building has no use without that conversion to residential the prior uses.

M

Of this non-conforming building, this building is one of the worst was one of the worst buildings.

M

I have ever seen in my career downtown. It was so non-conforming. It was so out of code.

M

We could never have a restaurant in that portion of the building on the second floor or office. They.

M

Require two code complying exits. We do not have that. On that side we had none so we're building.

M

One full code complying exit. There is only one use on those portions that you see going to.

M

Residential and that's the only use permitted on that second floor and third floor by international.

M

Building code and nfpa and international fire code, the only use that's allowed to have only.

M

One exit is a residential use. A restaurant in an office cannot so we're in a dilemma. The dilemma we.

M

Are in if we don't get a parking cup, those floors are vacant, they're, no use. This will continue on to.

M

The boa or superior court, so it's important to understand that this problem with this.

M

Building is that it can only be residential. On the second floor, we can only get one code complying.

M

Stair tower you're, familiar with the fact that economic hardship is not a criteria for a cpp.

L

So leaving those floors vacant is not our problem.

M

You can feel that way, so I'm telling the board right now that we're here for.

M

A parking cop for residential, we only can get one code complying stair tower.

M

So, um thank you any other questions for.

A

The other the applicants team- yes, mr mcnabb, uh I'm having a little trouble grasping the equivalency.

B

Of a restaurant parking spot with a residential parking spot, I know they're considered equal.

B

But to me they're they're vastly different and trading them as if they're equal. I I'm having a.

B

Hard time can you can you tell me why I should you consider a residential parking spot less.

B

Intensive than residentials a restaurant spot well, I I can't comment other other than what.

M

The zoning requires you to provide your table for restaurant use, office, shoes and residential use.

M

Your zoning ordinances require a number of spaces per use, not what we're saying in from the city of.

M

Portsmouth's calculation for a restaurant use or an office use or residential use.

M

Assembly use for a restaurant is more parking than residential, so they answer your question.

M

It's the zoning ordinance that we go off of the table. The parking requirement on the table and.

M

You know a lot of these buildings there. The front of these buildings are, you know, 1800 the front of.

M

111 is 1791., you know these. These buildings are are tough, they were never built with any cars and.

M

um You know it's it's difficult to use them for certain uses that are going to require cars.

M

A

Anything else any the applicant.

I

Yeah, just to further clarify your own ordinance um treats parking spaces in a number of ways.

I

There's the absolute calculation but there's also the shared use table.

I

And the shared use table outlines how parking spaces have different uses and the residential use.

I

Is listed there as 100 occupied at night time and the restaurant goes down, I don't have it in front.

I

Of me, but a much lower percentage, maybe even to zero, really, if you think about it, so we're.

I

Not trading spaces, but what we're telling you is that we're reducing the demand at the peak.

I

Time and we're reducing the requirement under the ordinance for the parking spaces. It's a reduction.

I

Does that answer the question number one? No, okay,.

H

Peter, I just don't see how you see it as a reduction when you have at least five apartments.

H

With the spaces that are need overnight, use and because nobody's at the restaurant.

I

Overnight so you're sharing the space, those spaces aren't getting decreased. Those spaces are needed.

H

And there's other residents in neighborhoods nearby and there that.

H

I mean that that that that those aren't going away those you're adding five residents needing parking.

H

After hours at a minimum, I think.

I

I'm not gonna, I don't really think about that. Just say if you drove around portsmouth.

I

During the pandemic, you would have seen the number of actual downtown residents that needed parking.

I

Because nobody was coming to the downtown, there was plenty of parking, so the resident parking.

I

Is a small percentage of the overall parking? So if you're reducing the restaurant demand, you're.

I

Assisting the residents in being able to find parking do we need any other clarification from.

A

The applicant before the public hearing, okay, I'm going to open up the public hearing now.

A

Public hearing is open. Anybody here wishes to speak too far against this application.

A

Anybody online.

A

A

Phil downey on zoom. Are you there bill.

A

Your name is on the screen, hello. Everyone can you hear me? Okay, okay, yes,.

G

Go ahead. Go ahead! Hello! Yes, go ahead!.

N

Hey everyone. This is bill downey from 67.

N

Go ahead: okay, um first, I'd like to say is that.

N

I'm sorry, can you hear me? Okay? Yes, yes, please go ahead.

N

I'm sorry I've got a little back back feet here. um I can say with great confidence that.

N

uh There's been a long history at this location where there's been residents without parking.

N

uh It was my personal first apartment above red door back in the late 80s and there was.

N

Two apartments and 107. there was a bnb above the cafe petronella, with no parking.

N

I think it's um it's a tough argument to say that it's less impactful for parking.

N

um But I feel this would be a great addition to town to provide the cup, because there's great.

N

Need for these smaller apartments, and, although that it would add a little bit of parking, there's.

N

Just no way that the developer can add that and to have that vacant would be uh unfortunate.

N

But in the end of the day I just feel like this has been a good project. I got a tour of the.

N

Building it was absolutely rotten and it's pretty tight. No surprise there mark does really good work.

N

But I think, under the circumstances, these micro apartments are in great need.

N

And I think it would be a great addition to town. So thank you very much for your time.

A

Thank you. Anybody else wish to speak 2-4 against this application.

A

Anybody else on zoom.

A

I'm going to close the public hearing.

A

Now we can have board discussion.

O

If I might, uh once again, I find myself with an application in front of us that.

O

That checks all the boxes and um is very straightforward in its request, the use is.

O

The conversion of the use of that small amount of space is less intense parking.

O

Wise, it's clear to me that it is and a lot of the questions about.

O

How we feel about parking or our interpretation about parking? I think our moot, because the.

O

Calculations and the design, specifically um we're done with our own zoning language in in mind.

O

So we're basically questioning ourselves when we when we start to question some of.

O

These parking counts. I feel I feel it's a very straightforward application, I'll be supporting it.

A

Thank you anybody else I do if we were to draw a direct comparison, I can say with almost certainty.

F

That the condos above the rose, restaurant 70 state street also do not have parking.

F

And those were for sale and they were anywhere from 890 square feet to 12 to 1300 square feet.

F

And those were for sale and sold without parking, and these units are a different use, more conducive.

F

To micro living and are a direct benefit to the communal need in the building of the restaurant.

F

For restaurant employees, which is you know, actively marketed and working on, achieving that so.

F

To me, it's a pretty seamless operation and I absolutely think that building was.

F

In disrepair and would otherwise be sitting there still uh sure economic hardship is not.

F

Necessarily a reason or justification, but without that improvement and without the new.

F

Residences, this building sits idle and we've seen the successful coexisting of of these uses before.

F

And to me, this is a lesser impactful way and chief street is not new to slim parking demand.

F

Or slim parking inventory, rather so it's a it's a pretty straightforward uh proposal in my head, yeah.

A

P

Mrs chairman, I'll make a motion that we vote to find that the conditional use permit application.

P

Meets the criteria set forth in section 10.111 2.14 and adopt the findings of fact, as presented.

P

Second, do you like to explain your motion corey, so, um as other board members have spoken, I think.

P

You know, I think this uh this conditional use permit um is appropriate and um for for the space.

P

I mean if you were um just a block away in the downtown overlay district, the four residential.

P

Spaces would be automatically waived, so um you know, I think, as others had said. I think you.

P

Know having five spaces other than just one giant penthouse is a great use of the space.

P

And you know, historically, as we've heard, that the site has also operated in a similar fashion with.

P

Residential uses and hasn't been a problem in the past so um being able to bring a building up to.

P

Code and at the same time, um you know bring some life back into it. I think, is a great thing, so I am.

P

Yeah, that is why I'm putting the motion forth. Thank you. Any other discussion.

A

I mean I, I agree, and I think that uh you know fire safety and life. Safety are real issues. Parking is.

A

A little bit more esoteric if somebody has to walk a few extra 100 yards to find their parked.

A

Vehicle, that's one thing, but if the building's on fire, that's quite a different thing, so.

A

The fact that this building has been brought up to code is a big big, huge issue. I think for me anyway,.

A

We have a motion. We have a second any other discussion, all those in favor.

A

Aye aye opposed motion carriers. You have your cup.

K

S, that's for the final fact. I'm sorry.

P

And I'll make a motion that we vote to find that the number of off-street parking spaces provided will be adequate and appropriate for the proposed use of the property and to grant the conditional use permit as presented. Second.

A

Any anything you wish to add nothing additional the same any discussion, all those in favor.

K

Aye opposed none. Now you have your cp.

A

We have a request of you know that revocable trust his owner for property, 124, kensington.

A

Road requesting a wetland conditional use permit approval and, according to section 10.

A

10 17 of the zoning ordinance or the demolition of the detached garage and construction of a new.

A

Attached garage with 59 square foot, increase of impervious area, totaling for 4, 320 square.

A

Feet of wetland buffer impact on the property, this property is shown in assessor's map 152.

A

Lot 20 and lies within the single family, residence b, srb district, lu 22-138, who is.

A

Here to speak to this application uh good evening, everybody for the record, my name.

Q

Is eric sorry from altus engineering on court street, I'm here on behalf of the ellet family.

Q

Of darlene here with me tonight, talk about 124 kensington street, which you see on the plan here.

Q

um This house was originally built in 1910, I believe so. It's been there for quite a while.

Q

It has a detached garage in its current state and it backs up to a rather sizable wetland. This.

Q

Wetland does extend over into peter laughlin's tree farm. A portion of it is in conservation.

Q

And with the wetland and the wetland buffer, 81 of the lot is encumbered you can see on the plan here.

Q

Here we go this little sliver right. There is the only area, that's outside the building setbacks.

Q

And outside the wetland buffer itself, so this would be a non-conforming well, a completely.

Q

Non-Buildable lot under current zoning and right now, almost the entire thing is non-conforming. So.

Q

What the proposal in front of you is is to tear down the existing garage, which is starting to show.

Q

Its age, it's not dilapidated, but it's definitely definitely elderly and add a new attached garage.

Q

Which you see on the plan here in doing so, we intend to reduce impervious surfaces, all the new.

Q

Stuff, the new pavement and walkways and whatnot will be pervious or permeable to allow stormwater.

Q

Treatment and infiltration, and we're also going to restore the buffer there's about 760 square.

Q

Feet in behind the new garage which you see in green here that will be planted. It's currently.

Q

All lawn or landscaping or garage there will be no trees cut for this and no wetland impacts.

Q

Pretty straightforward, really simple: I can go through the criteria if you'd like, if you have.

Q

It in your packet, it's your pleasure if you want to go through it other than that I'd be.

Q

Happy to answering questions any questions of the applicant yesterday um yeah. I just wanted.

C

um Your agreement that there would be you say that there's not going to be any impact, but you.

C

Really mean no further impact since that wetland buffer is completely impacted. Now yeah the wetland.

Q

Buffers totally impacted now and what I'm, when I said, no impact, I meant to the wetland itself.

Q

To the wetland to the wetland itself, yeah, and so will there be no impact during the demolition of.

C

The garage uh well there's obviously going to be impact during construction. I mean, as I said, 81.

Q

Of the lots, wetland or wetland buffer, so there definitely will be impacts, which is why we're.

Q

Here for the cup, but when we're done we're going to be farther away from the wetlands by about.

Q

Four or five feet and we will have restored existing disturbed areas within the buffer.

C

Saw that I appreciate the buffer plantings and the increase in impervious service surface, I.

C

Mean impervious um and my other, my only other question is on the site plan c2. What is the.

C

Purple line there, I don't see it in the key: that's the 25 foot no cut zone which really.

Q

Doesn't apply because there's almost nothing there anyway, so it is starting to grow up. I understand.

Q

um But we're proposing a little bit of restoration but no real sight work in in that area, so.

Q

Obviously, no not cutting any trees in there either because it is a no-cut puffer. Well, the buffer, buff.

C

Things include something substantial. uh The plans include a wide variety of. What do we got shrubs.

Q

And herbaceous plants these were chosen for this site by a company called site structures, they're.

Q

A landscape company, they have experience in this kind of thing. It looks like 30. If I did my math.

Q

Right, 30, shrubs and 84 herbaceous plants which, for that small area is pretty dense, so the intent is.

Q

To make it naturalized, which will be an impediment to anybody going in there and disturbing it in the.

Q

Future, so the intent is long term as the years go on that it will grow up and be woods again. Ideally.

A

Any other questions.

A

None, okay, I guess we'll open the public hearing the public hearing on this. Is anybody here to speak too far against this application.

A

Anybody online.

A

Last call nobody here to speak too far against this application.

A

And close public hearing sports discussion findings of fact.

P

Mr chairman, I'll make a motion that we vote to find that the conditional use.

P

Permit application meets the criteria set forth in section 10.101, 7.50 and.

P

Adopt the findings of fact, as presented in the staff second.

P

New discussion, so um you know I I think the applicant has done a good job of.

P

Basically, trying to provide some storm water treatment here.

P

um Previously there was none, they are trying to treat some of it before it enters the wetlands and.

P

They're also moving um moving the impervious driveway out and restoring more than 760.

P

Square feet of previously disturbed buffer area with the plantings as discussed.

A

Make sense, thank you anything else.

A

We're ready for a motion all right, give us a vote on the findings of fact. Excuse me.

A

All those in favor aye opposed funding's a factor adopted next, it's a channel. I think emotionally.

P

Vote to grant the wetland conditional use permit with the following condition: 2.1 signage will.

P

Be placed within the buffer or wetland itself, stating that it is an environmentally sensitive.

P

Wetland area applicant is to contact peter brits in the planning department and I'm actually going.

P

To add something here other than what's in the staff memo, I'm proposing to say peter britson,.

P

The planning department to coordinate placement of and to obtain signage, the memo only says to obtain.

P

Signage, I figured it'd be good to have peter help, coordinate the placement of those signs.

P

Just because it's been back and forth in the past as to where exactly those shoulders, I agree.

D

Actually I hadn't second yet, but I will now, but I was curious about that. Okay and.

D

The other thing I just add is that the, when the conditions to be satisfied subsequent to.

D

Final approval just take out a subdivision plan because that shouldn't be in there.

A

Any other discussion.

A

All those in favor aye aye opposed. Thank you. Thank you very much have a good evening. Thank you.

A

We have a request of peter ward as owner for property at 15 central avenue, requesting a.

A

Conditional use permit approval as permit under 10 8 14 40 of the zoning ordinance.

A

To construct an attached accessory dwelling unit, this property shown as assessors map.

A

209 lot 4 and lies when the single residents b district and the highway noise overlay district.

A

Lu 22-123, who is here to represent to present this application good evening, members of the.

R

Board, I'm attorney darcy piser, I'm with durbin law office in portsmouth attorney durbin uh could.

R

Not be here tonight hand of conflict, so I am filling in so on that note, please bear with me.

R

um Here with me is architect, matthew, beebe, who designed the plans for this project.

R

And this project is being submitted on behalf of peter ward, who seeks a conditional use permit for.

R

Construction of an attached accessory dwelling unit um to his property at 15 central avenue in.

R

Portsmouth um the proposed accessory dwelling unit is a 725 square foot edition, which would.

R

Be located above the garage of the principal residence, um the accessory dwelling unit will be.

R

um Used for additional living space, and um so I can go through the criteria they're addressed.

R

In our application, but I will just kind of give a summary and then I can answer questions as needed.

R

So um the attack the proposal for the accessory dwelling unit is located.

R

Above the garage, it will not increase the existing footprint of the space.

R

It's just making use of existing living existing space, and mr ward is currently in the process.

R

Of proposing uh seeking an addition to the second floor of his property as well, and so.

R

This accessory dwelling unit will be um completed at the same time as that addition, and the dwelling.

R

The accessory dwelling unit will be uh four feet: lower the the roof line of the adu will.

R

Be four feet lower than the raised roof line of the principal residence once that addition.

R

Is completed so um there will be no change to the existing footprint, which I already said.

R

um The addition will be in keeping with the aesthetics of the the home the principal residence.

R

And also in character with the neighborhood, the materials and um aesthetics of the edition will.

R

Match the current house and will not keep cause any change to the aesthetics of the neighborhood.

R

Mr ward sought and received several variances in june in the the zba noted in their approval.

R

That the edition and the adu will not alter the essential character of the neighborhood. So.

R

uh And that those variances were for um expansion of a non-conforming use, which is the case because.

R

Of the size and location of the property and where the principal home is situated on the property.

R

It's it's very close to the setback, and so this on the garage side, which is where the adu will.

R

Be constructed that if you look on the plan lies essentially in the middle of the lot, so there's.

R

No there's no butters, there's no other properties nearby there. The lot is a triangular shape and so.

R

The uh the adu will be situated essentially in the middle, with uh it's fenced in on all sides.

R

Around it behind the lot is um beyond the fence and beyond a tree line lies I-95, so there's really.

R

No butters anywhere near the where the 80 will be and then to that and um there will be no impact on.

R

Parking in the neighborhood, the property currently has essentially two driveways. One is uh stacked.

R

And so the parking for the adu will be go in the existing driveway, so there will be no change.

R

um And essentially, the the only um kind of crux of the proposal here is the addition of.

R

An exterior stairway and the reason for that is because there's no possibility for an interior.

R

Doorway to the adu, based on the location of um the entrance into the garage for size and location.

R

Reasons and also egress, which I can allow uh mr bibi to speak to, but um essentially, if, where the.

R

The existing door into the garage is located now, if you were to put a staircase in that vicinity,.

R

Into the upstairs to the adu, where that will be, it would essentially land it somewhere within the.

R

Bathroom or the kitchen of where the proposed adu is going to be so. For that reason, there's really.

R

No feasible alternative that would allow for an interior door, but um other than that, uh like as.

R

I said the um mr ward has received approvals for every other aspect of this edition, including from.

R

The zoning board, who said that the adu would not alter the character of the neighborhood.

R

And uh for that those reasons we request that you approve this conditional use permit to allow for.

R

Construction of the adu. Thank you any questions. Yes, yes, um I just want to confirm you can get from.

D

Outside into the garage and into the adu, or only from that other outside you cannot, you cannot now.

R

Outside the garage yeah, because now it's just an attic, there's no way to get up there um and.

R

There used to be a doorway, but there was a deck constructed on in the rear of the house and now.

R

That doorway has been closed off, so the only way to get there is will be from the side. Staircase.

D

So does that meet all fire coats? I just want to make sure we're meeting all proper codes for.

D

Excess, if there's two there's usually needs to be two ways in and out just want to make sure. There's.

D

Going to be another window or something yes, there are egress windows which will be it in there. Yeah.

A

Any other questions, yes,.

C

um I I was surprised to see that okay you're, adding that instead of.

C

An interior door, but you could make it more interior like by covering that staircase.

R

um I'm not sure about that. I can I'm sure mr bibi can speak to it. um I don't believe, given the.

R

um It's on the side of the house, so it's kind of connected to a deck which will be the entrance.

R

So I don't really believe that a covered staircase would be feasible, but I can I can.

R

um Ask mr bibi to speak to that. If you want, I think, just because it's going to be attached.

R

To sort of a deck landing to have it be covered, wouldn't really make sense.

C

um And my other question is when it says that the applicant does.

C

Not intend to use it for business related purposes, but later on in the application.

C

There's a statement about that that person could live in the adu or another person could live in.

C

The aadu or they could rent it. So I I just like an explanation of those business related purposes and.

C

If that includes that it will not be used as an airbnb as an airbnb, I have no, to my knowledge, no.

R

um And I know that mr ward has not that doesn't have any set plans right now for what he will do.

R

With it right now, it's just looking for extra living space and, potentially um you know just.

R

A place for guests to stay, I think in the future. It might be his intent to rent it.

R

To a tenant, but I would, I would assume not through an airbnb. I would just say that that would change.

C

The character of the neighborhood that that's very different than just renting it, yes to my.

R

Knowledge no airbnb has there's been no discussion of that, also not permitted. So then, then no it's.

D

Not prohibited under our zoning and I should take care of it there. You go any other questions.

A

Thank you. Thank you for public hearing on this. uh Anybody here wants to speak.

A

Too far against this application, anybody on zoom.

A

Last call close public hearing.

A

Some proposed findings of fact, I'm finally getting with the program here.

P

This channel I'll make a motion. We vote to find that the conditional use permit application meets.

P

The criteria set forth in section 10.814.60 and to adopt the findings of fact, as presented in the.

P

Staff memo second yeah, just to speak. To that um I know it's it's more! A second vote. We're.

P

Going to take regarding the um the modification, but I think in this case there are noaa butters.

P

To the north, at all from what I can tell, and you also have to the rear of the lot. You also.

P

Have I-95, I don't think folks driving will be disturbed by having a staircase on the outside.

P

um I think if there wasn't a direct butter right next door, then you know things might.

P

Be a little different, but I think in this circumstance it does work for that lot.

A

Any other discussion, all those in favor. I opposed findings factor adopted.

A

Mr chairman, I'll make a motion to be vote to grant the decision to use permit with a.

P

Modification to the requirements set forth in section 10.814.41 do not require an interior.

P

Door between the principal dwelling unit and the accessory dwelling and to approve the approve.

P

The conditional use permit with the following stipulation 2.1, as shown in the staff memo second.

A

Okay, any other discussion, all those in favor.

A

Aye aye opposed applications approved. Thank you very much.

A

We have request of randy and jeff collins as owner and applicants of property at 77 meredith way.

A

Requesting preliminary final subdivision pool to subdivide one existing lot with 22 463 square feet.

A

A lot area and 31.7 feet of street carnage into two lots and with associated 73.3 feet of road.

A

Front extension as follows: proposed lot, 1 with 11 198 square feet of flood area with 73 and 7 900.

A

Feet of street frontage proposed lot 2 with 11 265 square feet of wide area, with 31 and 6100 feet of.

A

Street frontage, this property is on surface map, 162 lot, 16 and licensing generations. A district.

A

Lu 22-61, who is here to present this application uh good evening, mr chair and members of the board.

S

I'm chris mulligan from bozen and associates here in portsmouth with me. I have the collins's owners.

S

Of the property and proponents of this project and also jack mcteague from tf moran tia moran.

S

Prepared the plan set that you have before you, so the project is a simple two lot subdivision.

S

um As is noted in your staff memo earlier this year, we obtained variances for this.

S

Project relating to frontage, the variance that we obtained was, I believe, to obtain one of the.

S

Lots with 36 or 37 feet of frontage as we've worked this project through tac the amount of.

S

Roadway that we are going to increase on meredith way has been extended. Ultimately we're going to.

S

Extend meredith way almost 87 feet. You can see that on c3 in your plan set, so the amount of.

S

Non-Conforming lack of frontage on lot 16.1 is actually going to be less non-conforming.

S

Is going to be approximately 46 feet of frontage, not the 37., but the the project and the proposal.

S

Is to demo the existing house, that's on the lot as it exists now and extend meredith way, 87 feet.

S

There will be two new driveways coming off of meredith wade to service the two new lots and.

S

um We again the this is all on sheet c3 um significantly. We are proposing to install.

S

Rain gardens on each new lot, um those are shown on sheet c4 um and we believe this.

S

Will have a significant beneficial effect on the area in terms of storm water management.

S

And obviously is a great improvement from conditions as they exist now.

S

The uh on sheet s3, also in your packet you'll, see that we will be granting the.

S

City a turnaround easement in the new driveway that is going to be on proposed lot 16-1. This.

S

Is to facilitate the entry and exit of city trucks that access meredith way for snow removal.

S

uh Garbage removal etc. We are also going to be requesting an easement from the city to place.

S

Sewer laterals through the pine street park, so we can tie into the pine street sewer main those.

S

Again are also shown on c3 proposed easements have been drafted and circulated to the legal.

S

Department and we're awaiting feedback on those, but obviously the approval. Any approval would.

S

Be conditioned on getting those approved by the legal department and accepted by the city council.

S

So that is the kind of overview of the project. The staff report notes a number of conditions of.

S

Approval that are recommended all of these are essentially what we have been dealing with as.

S

We've worked this project through tac over the last couple of months. There was an additional.

S

um A condition of approval proposed regarding a stone drip edge of six inches, which is a.

S

An acceptable condition of approval to the applicant, so we believe that this proposal.

S

Is now ripe for approval and unless you have questions for us, that's what we would request.

A

Thank you, questions of the applicant.

P

Yes, so you you showed in in your packet that you're, reducing or.

P

Actually, you're slightly increasing the impervious.

P

Twenty thousand five: oh four square feet to twenty eight thousand one hundred eighteen square feet.

P

um Just curious where the initial um 20 000 504 came from, it just seems like a kind of a high.

P

Number for one one dwelling in a gravel driveway um jack. Would you be able to speak to that.

T

My name is chuck mctaig. I work for tf moran with the engineers in the project.

T

um That's what we calculated, I don't know, um that's if you look at existing conditions. That's.

T

What we came up with existing conditions, from the driveway and from the building.

P

A

Remains a mystery yeah, any other questions.

A

No questions: uh this is a public hearing, correct.

A

Yes, open the pub you haven't opened it yet. I was just about to there's public hearing.

A

On this, I was anybody here to speak 2-4 against this application. Anybody online.

A

Last call not seeing anybody who post public hearing board discussion action.

A

Yes, ma'am, mr chairman, I'd make a motion that we vote to find.

D

The subdivision application meet the standards and requirements sent forth in the subdivision rules and regulations to adopt the findings of fact, as presented.

A

Yes, do you like to explain um I've? Actually I don't know if the rest of you remember this is.

D

Actually, it was property that uh tried to do an unmerger and we turned him down and.

D

I actually, as a city, councilor, called and spoke to them and suggested they.

D

Move in this direction- and I think it's perfect subdivision it like meets all of our criterias.

D

Not often do we get perfect matching numbers straight lines and everything.

D

Works out, I love the rain gardens. I love all the work that's been done. I think it's great.

D

Couldn't be happier much more complete, much more thorough in favor any other discussion.

A

All those in favor aye aye opposed and make a motion that we vote to grant preliminary.

D

And final subdivision approval with the included stipulations 2.1 through 2.8 in the memo. Second,.

A

I'd like to speak to that previously said it all yeah. Okay, I'm good another discussion.

A

All those oh yes, I just want to understand. 2.7, because it says final house plans shall conform.

C

To the requirements of the zoning ordinance, but with the differences in frontage, etc, etc,.

C

The plots themselves are non-conforming, so are those two different things.

C

Can that be said that way, so I think that was the um translation of the stipulation that was.

E

Provided from the uh board of adjustment, I believe- and so I will read that one uh for this- one which.

E

Is hang on? You find it really quickly because it was the board of adjustment that granted. This has.

D

Plans are conceptual and may change from what it's presented for as long as they can form the.

D

Requirements of the zone anymore, so it was yeah, I mean it can be verbatim like, but that's I just.

E

Kind of shortened that could you just say that one more time, though, I didn't hear what you read.

C

Really fast go ahead, the proposed house plans are conceptual and may change from what was presented.

D

To the board, as long as they conform to the requirements of the zoning ordinance, it was.

D

In our memo as part of what the cba approved, it is unusual because that would be always true, so.

E

But I think I think it's their way of saying it happens, often with the board of adjustment that.

E

If something changes by the time it gets to the building plans, we've really asked them to say: do.

E

You mean for it to be exactly the same, and there are times where they say. Actually, in this case, we.

E

Just we had a conceptual idea, but we don't mean to bind them to that. So in this case so they've.

E

Offered some clarification because other times we've brought back. If there's a change, we've said.

E

Well, that doesn't look the same. It needs to come back so we're asking for that clarification, so it.

C

To the board of adjustment leaves the variances for the non-conforming lot frontage in place and.

C

Set and that's why they're saying this about the house plans, they sometimes do have some elevations.

E

Or some basic ideas of what the house will you know the I don't know exactly what's presented.

E

To the board of adjustment, but sometimes they are presented because they do have to get a sense. If.

E

It's going to be compatible with the surrounding neighborhood, so there are times where footprints.

E

Or maybe some basic elevations are presented, but in this case they were, I think, being very.

E

Clear that they understand that it could change and they don't want to see it come back because.

E

We did we brought a couple back and they're like this would have been fine, so I think.

E

They're trying to offer that extra guidance to staff. Okay, thank you for that clarification.

A

Ready for a vote, all this in favor aye, I opposed motion carries. Thank you. Thank you. What did I do.

E

This person's name.

E

We have an application, uh richard fuzzegny, as owner for property, located 201 kearsage.

A

Way and I apologize if I mispronounced your name regarding preliminary and final subdivision rule.

A

To subdivide a lot with an area of 52, 250, 253 square feet and 205 feet of continuous street.

A

Footage into three lots as follows: propose lot one with an area of 17, 125 square feet and 100.

A

Feet of continuous street frontage proposed lot, two with an area of 17 406 square feet and 100.2.

A

Feet of continuous street frontage and proposed lot three with an area of seventeen thousand seven.

A

Or twenty three square feet and 82 and 8 400 speed up into a street frontage. This property.

A

Is shown assessor's map 218 lot 5 and lies when within single-family residence b, district lu22-150.

A

It's here to speak to this application uh good evening, mr chair and members of the board again.

S

Chris mulligan from bozen and associates on behalf of the applicant richard fusini.

S

um Also who's here with me um and also project engineer, john shagnan from emmett engineering.

S

Some of you may recall this project. This had been before this board a couple of.

S

Years ago, my late colleague attorney bernie pilich obtained a final subdivision approval.

S

Of a three lot subdivision, that's very, very similar to what is before you today.

S

um What what occurred um as this project got to approval? There were some drainage.

S

Infrastructure improvements to the rear of the property that would affect, and.

S

Essentially, compromise the number of mature trees to the rear of the property which were.

S

Very important to mr fucini and he chose and elected not to go forward with the project.

S

Mr shagnan redesigned the drainage infrastructure to um essentially save as many of the mature trees.

S

In the rear of the property as possible, and we proceeded with a slightly modified plan.

S

um What procedurally has happened is we went back to the board of adjustment earlier this.

S

Year to obtain frontage relief, because one of the lots that we're proposing to create.

S

Is deficient for lot frontage, but that is the only zoning relief we need again. This is a.

S

Similar to the last project, there's an existing structure on the property which will be demoed.

S

To create three building lots, there are a couple of interesting or a couple of significant items.

S

And I believe they were in your packet. One is a similar turnaround. Easement on one of the.

S

Properties in favor of the city to facilitate access. The second is a sort of conservation.

S

uh Covenant that will run with these three properties that we've drafted and proposed.

S

That will preserve the area to the rear of the property, which was very important to mr fascini.

S

And which we had originally thought, we would convey a conservation easement to the city.

S

But as we went through tech, we determined that this would be a sort of a better way to proceed.

S

So that's kind of the project. In a nutshell, I'm going to turn it over to mr shagnan because he's.

S

Been living with this one for several years, I will just say on a personal level: this is the.

S

Last project of bernie's that I'm carrying around so I'm kind of sad to see it go. But um you know.

S

It's it's been approved once and I think it'll should get approved again. Thank you. Thank you.

I

Thank you chris john chagnan, from ambit engineering. The um proposal is to create.

I

Three lots and two additional dwelling units to increase the housing stock in the city. Lots.

I

One two and three will contain single-family residences and to aid in the review of this. We.

I

Did conceptual home designs on each of the lots and did a complete drainage analysis, uh as mr.

I

Attorney mulligan mentioned we did come up with a drainage scheme in this application that saves.

I

More of the trees in the rear, the project again shows some utility improvements in birch street.

I

These utilities will be an improvement over the current situation in birch street and also we'll.

I

Be doing some pavement improvements and driveway improvement for a neighbor in burt street, so I.

I

Guess? That's all that I would add at this point, but I'm here to answer any technical questions.

I

And I'm sure some of you might have about the nuts and bolts of it and hopefully you'll.

I

Find to approve this tonight. Thank you any questions, mr shagnon.

A

Or anybody else, yes, so just just to clarify the conservation easement is going to be held by the.

P

Individual property owners, it's going to be a restrictive covenant and it's going to be on.

I

Each lot, I don't want to steal it yeah yeah, so um what we um proposed is a restrictive covenant that.

S

Limits the use of that rear portion of all three of the lots and, as was suggested in the last hack.

S

Meeting we attended, we've drafted it in such a manner that all three of the lot owners have the.

S

Ability to enforce it or the city has the ability, but not the obligation to enforce it. So it's not.

S

A conservation easement per se, but the intent is very similar to limit the use of that area. So it's.

S

Yeah that makes sense because yeah you can't have the easement on yourself so right. um I guess one.

P

Just question, um it's you know seems like it's. um Obviously you have some pins, you have an elm.

P

Delineating where this is going to be that elm could go away the pit you know, I'm just wondering.

P

If the applicant would um be willing to add some sort of signage to help, because the property turns.

P

Over, I think folks are going to have a hard time figuring out. Where is this line that you speak of.

S

um In fact, that's a good point that you bring up in the original iterations of.

S

um The plans there was monumentation because we anticipated it being a formal conservation.

S

Easement, like you normally see, which does have that type of um uh you know signage and notice.

S

um And at my suggestion, because we weren't going to a conservation easement, I asked john chagnan to.

S

Take that off the plan, but we can certainly put it back on if you want to make that a condition.

S

I don't, I don't think it's necessary, but so um if we can go forward a few plans, I don't know if you.

I

Noticed that we're putting in a retaining wall which allows us to put in the drainage features.

I

uh We're raising the grade as it slopes off so it gives us. So that's a pretty good indication.

I

On at least the two northerly lots of where that demarcation is so, if you wanted to add something.

I

On the southerly lot, that's all you would need, but I think the that wall is going.

I

To be a pretty good border forever, okay, thank you. Any other questions.

A

I guess I'll open public hearing anybody here to speak too far against this application. Anybody on zoom.

A

Flickering screen green means nothing last call close to public hearing.

D

uh Mr chairman, I would make a motion that we vote to find that the subdivision application.

D

Meets the standards and requirements set forth in the subdivision, rules and regulations to and to adopt the findings of fact, as presented. Second, so.

A

Any discussion, no, it's pretty straightforward, it's very similar to back, and I I love how.

D

They've made the change to actually put some of the area into restricted covenants. That makes me.

D

Ever so happy and the wall makes a lot of sense, delineation.

E

um This term, before you proceed to I'd, also like to direct the the planning board there.

E

Was an additional some stipulation revisions that were provided. They.

E

Were after the publishing date and they were updated by public works,.

E

And I wanted it should be in your packet at your chair, so I just wanted to refer to that.

D

And not to worry I'll, read them yeah and they've even been changed since then. My apologies.

A

But right now we're working on the findings yeah, so right we're going to mention that any other.

A

Discussion about the findings of fact, all those in favor I I opposed findings of factor adopted.

A

I'm going to ask councilor moreau to explain the next one, because it's more there's going.

D

To be a lot of reading here, okay, I will vote to grant preliminary and find I'll make a motion to.

D

Vote to grant preliminary and final subdivision approval with the following stipulations and I'm.

D

Going to read through all of them so bear with me: uh property monument shall be set, as required.

D

By the department of public works prior to the filing of the plot, the corners will need to be.

D

In place and evident prior to the issuance of a co, dis data shall be provided to the department.

D

Of public works and the form, as required by the city, the final plat, any easements or restrictive.

D

Covenants shall be recorded, the registry of deeds by the city or, as deemed appropriate by.

D

The planning department, any site development, new or redevelopment, resulting in fifteen thousand.

D

Square feet or greater ground disturbance will require this middle of a land use development.

D

Tracking form, through the pollutant, tracking and accounting program online portal for more.

D

Information- and it gives you the lovely link, I'm not going to read that uh next one is conditions.

D

As listed in the february 27 2020 letter of decision to be completed as applicable.

D

The first, the drainage for lots, 2 and 3- shall be incorporated into the backyard areas where they.

D

Can be maintained without impacting the portion of the property designated to be a conservation area.

D

Along with the following conditions: maintenance responsibilities for the storm, uh storm tech.

D

Systems by the homeowners shall be addressed through a maintenance document that outlines.

D

The requirements to keep the system functional at all times that document shall be recorded as part.

D

Of the conservation, easement deed or restrictions, as deemed appropriate plans, shall be updated to.

D

Note stabilization construction entrances shall be installed for all three lots system: installation.

D

Shall be witnessed by the city dpw during installation, the city will review the subsoils.

D

Under the system to guarantee any ledge is removed to a point of 24 inches under the system and will.

D

Review all the functional parts of the system as a whole to verify the systems will work as designed.

D

All materials used in the reconstruction of the road shall meet city standards. The.

D

Plans shall note that during construction, access will be provided to all existing.

D

Properties located on burst street owners shall provide an easement to allow the city.

D

To turn around in the driveway of lot, 5-4 or otherwise known on the plan is.

D

Lot 1 for the purposes of snow plowing and the easement shall be reviewed and approved by the.

D

Planning and legal department's prior to the acceptance by the city council.

F

Do I hear a second a second part? We were still listening. Most of that was.

A

In the piece of paper that we got tonight yeah there were a few little add-ins here.

D

A lot of things, that's what I was reading, I'm hoping stephanie got caught those [laughter].

D

Thank you, stephanie discussion. All those in favor aye opposed your cruise. Thank you.

A

I have city council referrals is next.

A

City, assessor roseanne lentz, is on zoom. We have a city council referral request of dale whitaker.

A

Is owner for restoration and involuntarily merged lots at 880, woodbury avenue to their.

A

Pre-Merger status for central new hampshire, rsa, 674, colon 39 sub, a a sub set properties, shown an.

A

Assessor's map 236 lot 52 and lies within the single residence b district r1 ml-221.

E

I'll be glad to speak to it on behalf of mr whitaker, okay planning director will speak.

A

To this application, african dale whitaker has submitted this application for restoration of.

E

Involuntary merge lots, um as mentioned on 880 woodbury avenue. The applicants provided some.

E

Preliminary documentary support for the request and the assessor has essentially.

E

Reviewed that at the july 11 2022 meeting of city council, the council voted council voted.

E

To defer this request to the planning board and to the assessor for a report back this.

E

Falls under rsa 674 colon 39-aa, which requires cancel the council to vote to restore to their.

E

Pre-Merger status, any lots or parcels that were involuntary merged by municipal action for zoning.

E

Assessing or taxation purposes, the statute further defines what that is, and some of the thresholds.

E

For that, typically, we refer this back to the assessor. Who can talk a little bit? I think now.

E

About her review and recommendation, which is also included as an attachment in your packet.

E

So we'd like to have the assessor speak to this.

A

Was that a she's here, I believe, she's online? Can anyone hear me? Yes, yes, and we can see you.

U

Oh, um so I typically do a thorough review just to make sure that I haven't missed anything. So I have.

U

Reviewed planning records, building inspection records, tax collection records and then deeds.

U

Going back on this property to 1939, and I also looked to see if there was any over actions.

U

That would deem this property merged. So everything that I have researched everything that I've looked.

U

At and explained in my memo, this property does meet the restoration of an involuntary, merge lot.

A

Thank you any questions for the assessor. Thank you very much for hanging out and bearing with us.

D

You ready for a motion, a quick question. Yes, just done a tiny bit of confusion, there was.

L

A deadline of december 31st yeah, and that is where we have to do it, but this guy is asking.

L

For it correct or how what's that deadline, what did that deadline mean? That's different now, so.

U

They've removed the deadline, there's no longer a deadline for restoration of involuntary merge lot.

U

It's ongoing forever now just like magic. Thank you. Thank you. That's why we brought our explanation.

A

Now, I think we're ready for a emotion. Oh sure, are you as a counselor? Are you comfortable making a.

A

Recommendation to council, I am yeah I'll, do it in person in fact recommends to the city.

D

Council to restore the property located at 880 woodbury avenue to its pre-merger status,.

D

And direct cities, gis and assessing staff to update zoning and tax maps accordingly. Second,.

A

Any other discussion, all those in favor aye opposed so recommended. Thank you.

A

Thank you good night. Thank you very much.

A

The only thing I'll say in closing for the evening I said some of this at the beginning, but um I.

A

Would really like us all to try to work together with staff as best we can to advance the project.

A

We talked about at the beginning, especially the master plan, and you know I call on staff to work.

A

With us- and I think that we can have a really good result, we all work together. We have these projects.

A

What was that? I wish you all good night thanks.