City of Portsmouth, New Hampshire Planning Board, 21 Apr 2022

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From YouTube: 4.21.2022 Planning Board

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4.21.2022 Planning Board

A

Good evening, everyone welcome to the uh april 21st climbing board meeting I'd. Let everybody.

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To know this is uh the school board is meeting next door if anybody's here for the school board.

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You're, if you're all here for us, that's great just wanted you to be aware of that.

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uh Franco, I'm gonna ask we've got a couple members who weren't unable to attend tonight.

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So you could sit for corey sure and that will give us a membership of eight.

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First item on the agendas are minutes. Everybody had a chance to review those.

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um This is uh related to.

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The west end yards parking situation and I don't have a page number. Unfortunately, but.

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I would like to correct the statement where I said uh when I was looking for the parameters under the.

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Parking study instead of number of beds, because it changed that to bedrooms.

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And which paragraph is that no, mr, mr, how does the paragraph start? It says mr hewitt questions.

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If they could include a stipulation to have the developers submit a report, okay got it.

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And also down the second to last sentence says mr hewitt confirmed that would work.

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And I'd like to clarify that would work if it contained the information, as I requested.

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On the on the report that the developers said they had.

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And lastly, a minor one: it's just that uh the heading under the minute said.

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March 15th- and it probably should say march 17th,.

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I think that's my recollection too, mr chairman. I'd move approval of the minutes with those.

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Edits, second, any other comments or questions before we vote all those in favor.

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Aye aye aye aye motion passes. We have a request to postpone.

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Requests by donald lowell sydney, the third is owner for property, 213,.

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Johns avenue requesting conditional use permit under section 10.814 of the designing ordinance.

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And modification standards set forth in sections 10 8 14, 40, 4, 10, 8, 14 52 through 10.

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8 14 56 to construct a new single family residence and convert the existing residence into a detached.

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Accessory dwelling unit, totaling 886 square feet of living area shown on the assessor's map.

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222 lot 69 and lies within the single-family residence b district, whoever motioned to postpone.

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So moved. Second, all those in favor motion carries.

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Requested the nurbone family, revocable trust as owner for property, 189 gates street, requesting a.

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Conditional use permit, under section 10.815 of the zoning ordinance and modification standards set.

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Forth in 10.815.30, the conversion of existing accessory structure or garage into a garden.

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Cottage, with 507 square feet square footage of living space. This property is shown on assessors.

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Map 103 lot 6 and lies within the general residence b district and historic districts.

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There's someone here this evening to speak to this application.

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Good evening, can you hear me? Yes, my name is kelly sanders and I reside at 189 gate street.

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I'm the daughter of pat and judy and urban my parents are requesting a conditional use.

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Permit to convert their garage into a garden cottage I'd like to highlight a few key points.

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Regarding my parents request before the architect, anne whitney shares the plans.

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uh The key points I'm going to talk about tonight and are number one my parents need for.

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The garden cottage for family and caregivers, because my father has alzheimer's um and.

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Number two: the fact that this particular plan fits in with the design and historical character of the.

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Neighborhood and three that the plan supports priorities that are important to the city.

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Like helping life long-term residents age in their home, as well as providing affordable housing for.

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Crowded neighborhoods that are otherwise unaffordable, so first to my parents, need.

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I recently took retire early retirement to move in with my parents because of my dad's alzheimer's.

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Disease he needs constant supervision and will need more involved care as alzheimer's progresses.

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I believe you have a copy of the letter from his neurologist dr kent logan, about my dad's diagnosis,.

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He highlighted how important it is to provide a secure, familiar home environment with family.

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And friends nearby, which remarkably reduces the symptoms of alzheimer's, that my dad is facing.

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Additionally, last year my mom developed a tumor in her spine and lost the ability to walk.

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So it was challenging, especially given my dad's disability and my sister took a year off.

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But my mom gained her mobility back, but it caused our family to reevaluate, which is why we're here.

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Before you this evening, the second thing I want to talk about is that my parents approach to the.

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Project with thoughtfulness and deep commitment to their community, they have been active contributors.

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To the south end and to portsmouth for as long as they've lived here over two decades,.

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They believe strongly that any changes that they make to their property must be in keeping with.

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The style and the spirit of the historic south end: that's why they hired their architect ann whitney.

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Who's familiar with the area and I'd just like to point out that.

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Anne's design enhances the view from mechanic street from prescott park and from the point.

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Of grade cemetery and it fits appropriately with the rest of the houses on gate street.

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And that's what makes the city so special really is that residents are committed to.

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Actions that have a greater impact than just their own property, my parents won't be able to support.

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Something that would only benefit their property. They really want to make sure that this.

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Enhances the look and feel of the neighborhood. The third thing that I want to mention is that I.

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Know portsmouth is thinking carefully about how to support people aging in their homes, with limited.

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Budgets, as well as how to provide affordable housing and already crowded neighborhoods.

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My parents investigated many different options for this next phase of their life, including.

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Moving to an assisted living situation and costs associated with round-the-clock in-home care.

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They consulted experts, including several people in the city planning department,.

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To to determine the most feasible and affordable building option for their property.

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The important thing to consider here is that my parents, like many other long-term.

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Portsmouth residents have limited options, despite what you may hear from those who.

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Are in opposition of the proposal, my parents do not have many different building options.

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That claim overlooks the fact that my parents live on a retired teacher's fixed income. They, like many.

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Other elderly folks who live in portsmouth for who have lived here for decades, don't have the same.

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Financial resources, as some newer residents who are currently purchasing homes in the south end.

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I know the city cares about this and is committed to supporting long-term residents who want to age.

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In their home, as as a community, it's critical for us to recognize the financial discrepancies.

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Between people, like my parents, who bought long ago and some of the newer residents of portsmouth.

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The bottom line is that my parents don't have other options to build.

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So, in conclusion, we're requesting the cud to build a garden cottage, so my family can support.

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My parents desire to stay in the home and in the community they love. As I mentioned, it's important.

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For my parents to have a design that really fits on mechanic street and the the historic feel of.

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The neighborhood and, most importantly, it has to be affordable, which is why we're going with an.

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Existing structure this plan allows my parents to age in place, which is something they really.

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Want and need, and many of residents in portsmouth support. um Thank you for your time and for.

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Considering this plan this evening, I'm going to let anne whitney talk about the plan now. Thank you.

F

Good evening, ann whitney, I'm the architect for the project.

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Before I get started, I just have one other sheet to hand out copies.

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F

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um This sheet that I just handed out kind of gives a sense of the density of this.

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Of this neighborhood from mechanic around to to gardner and I've highlighted, you know, 189.

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And noted the existing garage and then the little x structure is the small addition to the garage.

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We're coming here tonight to ask for a conditional use permit to reuse the existing garage.

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um With a small addition, we went before the zoning board last month and were approved.

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We originally actually done a bigger addition. It was 12 by 16 that was centered on the building.

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With a 6 by 14 deck, when we heard feedback from the abutting neighbor, we've.

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Voluntarily decided to shift the building to the inside edge and downsize it to 10 and a half by 14.

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And a half feet which gives us a four foot setback on that side and we also eliminated the deck.

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We just kind of run through um you know this. This old garage actually has got quite a history. It.

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Was originally a shop, it's been here a very long time. It has an old stone foundation, and so it's.

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um When I did their initial renovations back in 1998, when we fixed, you know, renovated the house.

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And we put a new roof on that incompatible. You know to make it more compatible with the house.

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And the detailing, so it's a really solid structure on on a foundation and I think.

F

It would be suited to uh this conversion. It's a little small, it's at 354 square feet and this.

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um Addition, if you go to the next, uh oh yeah, actually you know you already had gone to that.

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You can see the floor plan, it's pretty basic and this addition kind of by opening up the wall of.

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The garage to the addition kind of overlaps them to make it a more livable space at 507 square feet.

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The back side, which faces the butter is shown on that sheet and also there are a couple shots.

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There will be no fenestration on the walls on that side. There's.

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There will be one skylight on the new edition. It will be.

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I haven't shown it here, but for um I've already submitted the htc drawings, we're.

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Going to be guttering both that side and the addition and tucking it underneath the.

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Addition we're not going to have a foundation under it's going to be on posts and then the.

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There'll be skirting that will match the deck underneath there, so you won't be seeing a big foundation sticking up and that will allow us.

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To bring the drainage in underneath that and out into the middle of the property to.

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Help alleviate currently that garage just drains on to the neighbor's property.

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You go to the next sheet, just the other elevations. You can see that on the photo that the you know.

F

Current garage is fairly blank slate and I think adding this addition on that side will help break.

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It up and it's sort of more in keeping with all the properties along that street, where you have.

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The taller structure with some one one or two story and decks that kind of break the structure.

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Down parts are pretty self-explanatory,.

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In terms of the conditions for the garden cottage, the only one um that we're really.

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Having any issues with is we're requesting a waiver to be able to expand an existing structure.

F

The existing garage is at 354 square feet is very small to accommodate a functional living space.

F

The approach addition at a 153 square feet is smaller than the allowed.

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You know 300 square foot, side or rear deck.

F

And with the potential in the ordinance for a 50-foot entry, you know it's smaller than the.

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350 square feet that would be allowed lot. Size is non-conforming and to pursue a detached adu.

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We would require several more variances the slot size and building configuration is more in line.

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With a garden cottage use, I feel, and the existing driveway can easily accommodate the parking.

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So, second point garden: cottages will be larger than 600. It's at 507 gross square foot area.

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The right side elevation, the encroaches on the required setback will have no windows or doors.

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In fact, the um we'll have to have a one hour, fire rating.

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Because of uh it's within five feet of the property line,.

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The exterior design of the cottage is consistent, exterior trim, siding when.

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Deals are consistent with the existing dwelling.

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The garage was renovated in 1998 to complement the newly renovated house. The 1998 project received.

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A portsmouth advocates residential restoration award. The elevation, drawings and photos show this.

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Garden condition with the addition is located to have minimal impact on the existing.

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Plus or minus 1900 square feet of landscape rear yard. This is shown on drawing one of three.

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The existing driveway will not change and can easily accommodate three vehicles.

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Garden cottage will maintain a compatible relationship to adjacent properties in terms of.

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Location and design, and it will not significantly reduce the privacy of patient properties.

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Garden cartridge will have no windows on the right side, which is within the ten foot right yard.

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Setback at the rear, the adjacent property is a point of grave cemetery and the proposed addition.

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To the garden cottage will break up the existing blank wall of that at the rear of the garage.

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At the left side, the garden cottage is more than 30 feet away from the adjacent property.

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There's adequate parking for the garden cottage and the family-oriented residential use will not.

F

Result in excessive noise there's been a lot of talk about. You know other options to be able to.

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To reconfigure this, so it would be conforming to zoning and.

F

We did get our zoning approval just a couple of points where.

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The existing brick driveway and then the access to the backyard on the on the left hand, side is a.

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Stairway access this uh there's a narrowest point is like four feet that they there's an access.

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Walking access to the backyard. If we were to shift things, it would start to block that access.

F

We also have a 25 foot setback from the point of grave cemetery with no structures can be on, and I.

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Feel like this is the simplest least intrusive way to put a small addition on this property.

F

And currently there's 36, you know from the end of the addition to the point of graves property line.

F

This property has 36 feet, the budding property has got around 44 feet and about nine feet of that.

F

You know this garden cottage is, you know, going to be providing a little bit of an.

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Intrusion, but if you look again at that, you know first page that I handed out if you look at the.

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Basics, like a figure ground of structures versus open space on that sheet. Unfortunately,.

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I should have had that on up here that you know this is really in keeping you know. I've been.

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32 years working in this neighborhood, I've probably done over 40 projects.

F

Between mechanic and marcy- and you can't do anything in this.

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Neighborhood without getting zoning most most likely, it's very rare- to have a property that.

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Doesn't require zoning, and in this case you know we are asking for a waiver, because I think this is.

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A good use for this property and um I think the the benefit far outweighs any detriment.

F

Any any questions I had one question: you mentioned the drainage and you're having the open the.

A

Addition is on post, it kind of looks skirted in the elevations, but are you planning to do anything.

A

In particular, with the drainage, well, what we can do is um right now the drainage as they've been.

F

Looking at it kind of runs down the driveway in between so the current drainage running down from.

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The driveway, which is where the slope runs, sort of runs right into the middle of the property, so that.

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Current drainage is sort of taken care of because there's a large lawn area to buffer that my.

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Thought is that we would um we'll gutter both those and go underneath and create a drywell.

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You know that could be a stipulation to be able to get that water into the ground before it can.

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Run off um and we'll be doing some digging to get the posts in and we could just at that time.

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Create some space to put the water existing garage doesn't have gutters.

F

No, it does not okay yep. Thank you. um Any questions. Yep, that's great. I have quite a few questions. Okay,.

C

I went out there and walked the site today. Yep and everything you just told us was all about.

C

The plan, but not about the butter that has made a lot of comments yep um further to rick's point.

C

The drainage ends up right in the middle of the butter's backyard. It was crystal clear.

C

Today, when I saw that, because all the water, just it's everything- is pitched towards 199.

F

I think uh my um the owner can speak to that a little better, but because they.

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uh You know, there's water also coming from the point of graves: it's not just the water from.

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This property, oh, I agree, though I understand that but you're putting in another roof up.

C

There, with it's, going to dump more water yeah in that same direction, very small amount. It's.

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Going to be controlled because it's going to be guttered and then taken to a dry well.

F

Okay, well, that's one thing, but the next thing is um the zoning 10 8 15 31.

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You can't expand vertically or horizontally, but and it's that's a condition. That's the zone.

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um That's a condition of the planning board cpu and we couldn't ask for that. In zoning we had to.

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Ask for that here that was my um but but I can't you can quote it: you're not allowed to expand.

C

Vertically or horizontally yes, and then there's some further that there can be some dimensional.

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You know variation okay, so here that's what you're asking for we're asking for.

F

A waiver of that condition. Okay, for this small addition, I think also 10, 8, 15 42.

C

Adequate open space and off street parking so you're adding an additional.

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Unit and not adding an additional parking space well right now for the south end this lot, I'm.

F

Saying it has three, but in reality you can park four cars. If you stack them, if you stop them.

C

What about the open space, the open space? If you look at that figure ground that I, that last sheet.

F

That I there's a lot of open space compared to the rest of that neighborhood. It's you know. These are.

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The couple of the bigger backyards in in the south end and they also open up to the point of graves.

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And and mechanic street coming down so there's a lot of open air and and in circulation compared.

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To a lot of other parts of the south end yep, but again the house next to it a 1543.

C

Will not significantly reduce privacy of adjacent properties? I don't think it will.

F

um There's no windows, um we removed the we had a deck because it would have been nice to have.

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A little deck for this, uh we removed that so they could not be overlooking the neighbor's property.

F

You know, I think, we've we've made some concessions and.

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And we're trying to work and keep this at a size where it's still functional, but not uh recreate.

F

The wheel, the other, the other thing that has come up is like: why can't you go vertically? Well.

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It does have a pretty steep pitched roof, but when you're up in the attic there's only 32 inches.

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That's six foot, eight in height, you know it's. It's really comes from the wall. That brings the other.

C

Question why couldn't you go towards the main house? Well, if you take a look at the site plan.

F

um That's their uh main access way. It's very narrow connection between the two buildings.

C

There's a deck there I mean you could take the structure towards the main house and knock towards.

C

The property that actually wouldn't work terribly well because of how would you you know it really.

F

Doesn't work you know, um okay, if I could have made it work, I would have made it work, but at.

C

The end of the day, you don't have the support, but yeah, but also, I know we don't have the support of.

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The neighbors, but I think, we've already made some concessions there and that I think you know given.

F

The history of this neighborhood there's a you know, a lot more. You know more confining variances.

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That have been granted, you know within a foot of property line. You know, I think that what we're.

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Asking for is reasonable in terms of historically how this neighborhood has been um been looked at.

F

Thank you, yeah. Any other questions. Also. The other thing with connecting it is the garden cottage is.

F

At least um from the first floor, 30 to you know, 36 inches lower than so the connection between.

F

The two would be really complicated and it'll also block access to the backyard. You know the.

F

Other access is through stairways um and that they would not have a direct access to their backyard.

C

But that would be less of a hardship on the butter yeah, but is the hardship.

F

Worse, um losing complete access to the backyard versus um you know. If you look at the site plan.

F

That's not what it's about it's about what the abutter is objecting to. I know I.

F

Understand that I'm not sure that um yeah okay, great, we can we'll talk more, I'm sure.

A

Are there any other questions and don't forget your flash drive? I think that's the remote okay.

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Any other questions for anne.

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Okay, I'm gonna open up the public hearing. We're gonna have uh three rounds. You've.

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Got three minutes the first round ten minutes for each of the following two.

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Rounds anybody wish to speak too, for or against this application. Please step up to the podium.

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And please state your name and dress for the record when you begin.

G

Good evening.

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My name is linda mcvay and I live at 42 hunking street.

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I'm here tonight to speak in favor of the petition by the nurburne family.

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We live in a neighborhood that has a high number of older families, the biggest concern facing.

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Older families today is to be able to age in place. Many of us have lived in the south end for years.

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And fear having to leave our homes if we or our partners become ill.

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I faced that situation. Two years ago I applied to build a one-story addition onto my house.

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To accommodate my husband, who had become ill, we were granted permission to build the addition.

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And we were grateful every day until my husband died, that we did not have to sell.

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Our home and move at such a difficult time in our lives we felt supported by this committee.

G

Our neighbors and our community, the nermans, are asking to modify an existing.

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Structure, it's an improvement that will add value to their property and therefore add value to the.

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Surrounding properties, the modification will allow their family to age in place.

G

Granting their petition will demonstrate how this committee and our community care for the.

G

Needs of our older citizens. Thank you. Thank you very much any other speakers 2-4 against.

H

Good evening my name is john rose. I'm the owner of 14 mechanic street.

C

I'm here to speak in favor of this petition uh for several reasons. uh You know first obviously,.

C

For a personal level, um we're very supportive of patent judy and the situation they're in we don't.

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Necessarily see this as any particular hardship, and we would like to be supportive of neighbors.

C

From a more practical perspective, you know where our house is, and we spent a great deal of time and.

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Energy trying to make sure that it was in place that it fit into the neighborhood that it created.

C

The proper aesthetic around point of graves and when we look at the uh the landscape behind.

C

Point of grave cemetery, while it's it's adequate today, one of the concerns we do have is some of.

B

The structures do look a bit out of place, they are blank walls, they do not look like structures so.

C

From an aesthetic perspective, we're very excited about changing that back wall to look more like.

C

A structure look more like being part of a town as opposed to the back of buildings,.

C

Beyond that, we really don't see any negative on at least as a butter or semi-a butter.

H

The building doesn't change any privacy issues for us. It doesn't seem to create.

C

Any uh distractions it does not build inadequate massing that you know would look out of place.

H

So consider this our you know complete endorsement. We think this is a good addition.

C

We think, on a personal level, it's the right thing to do and.

C

The bonus prize is, it does seem to improve the aesthetic on that big wall of buildings sitting.

C

Behind point of graves that will now look more like proper structures. So thank you. Thank you.

C

Sandra daika, 333 marcy street.

F

This will not be the first time the garage at 189 gate street may have a change of use.

F

It was once the carpentry shop of walter t brooks a ship's carpenter.

F

A historic feature of early neighborhoods and notable in the south end was the inclusion of.

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Outbuildings on the same lots as their dwelling houses, these were stables and barns, and tradesmen.

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Shops and sometimes small houses for adult children. Many of these still exist, as can be.

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Seen at 114 mechanic, street 421, pleasant street 333, marcy street and a basket full of others.

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As seen by these examples, often these secondary buildings were built right on lot lines with no.

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Apparent damage to the public interest, the nurbans renovated their property in 1989 and have lived.

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There ever since playing a pivotal role in the positive development of the south end neighborhood.

F

Many of the people in the audience know the contributions the family has made.

F

But for those of you who may not I'll mention just a couple, in addition to being a perpetual board.

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Member of the friends of the south end judy was the co-founder of the ferry house tour that has.

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Contributed so generously to our not-for-profits and to the creativity of our children.

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Most recently, she was instrumental in obtaining the richard erdmann sculpture,.

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Which will reside in prescott park, honoring michael warhurst's years of service.

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Honesty, kindness and generosity have been the family's trademark in all their dealings, as we.

F

Know portsmouth has a severe housing shortage and there is not enough developable land to solve that.

F

Problem, we need to make the most efficient use of the land that we have, and this is what accessory.

F

Dwellings, do please grant the nurbin family the reasonable accommodation that will allow.

F

Them to spend their remaining years with those who respect and love them. Thank you. Thank you.

I

Good evening my name is nancy eichner. I live in newcastle on 28th ocean street. I've been.

I

Working with the nurbins over the past year and a half in two capacities, one as a leader in the.

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Seacoast village project, where we're advocating for aging and place options for people who live.

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Here on the seacoast and in a secondary capacity as a professional care manager,.

I

Assisting the family through the illness that kelly referred to that her mother had last year.

I

I can assure you that, as we went through that time, we looked at every way that we could use that home.

I

To support changing needs that older people have, as they have mobility issues or, as there are.

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Cognitive changes as family caregivers come and go and, as other caregivers come and go as well.

I

And the willingness of family to step in and live on site and provide.

I

The care and support and supervision that's need needed is really critical. I was there when we.

I

Inserted temporary changes inside the house like a stair, lift and changing a bedroom from.

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The second floor to the first floor, and it was very, very, very difficult for pat.

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To deal with those changes, I can't imagine doing construction in that house. It would.

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Be a dangerous situation for somebody who has such a difficult time, navigating from day to day.

I

This plan is in keeping with everything that we know in the aging field.

I

Is progressive and sensible when we look at flexible ways of using housing space.

I

For older couples as they age, and I urge our support of this proposal, thank you. Thank you.

J

Good evening, members of the board, my name is eric mayer, I'm an attorney over at donahue, tucker and.

J

Chindela I'm representing devon quinn and james butler, who are the residents over at 199 gauge.

J

Street? Which is the property to the immediate adjacent immediately adjacent and which would.

J

Be the closest to the proposed garden cottage. Some of my comments I may address at the second round.

J

Of comment, but um for the first round I really want to address what is, I think, a legal impediment.

J

um To the current plan, um I've submitted a letter to the board. Does everyone have that? I have extra.

J

Copies um the legal issue comes down, as has been suggested already to section 10 8.5.30, which.

J

Prohibits a garden cottage, which requires a garden cottage to be limited to the existing building.

J

And not to be expanded horizontally or vertically. Now there are two exceptions to that that you can.

J

Have a 50 foot square foot front entrance that you can construct or a 300 square foot rear deck.

J

The ordinance does provide for a modification process and modif mechanism and the ordinance.

J

Allows the planning board to modify specific dimensional standards? That's an important term.

J

This is not a request to modify a specific dimensional standard.

J

The ordinance exists to allow for existing structures to be converted.

J

And it exists in that way and provides a mechanism outside of a detached or an attached. Adu.

J

And it relaxes some of those substantive standards for when there's not going to be a new structure.

J

Placed on the property, this is a 60 percent expansion of an existing structure. It's.

J

Contrary to the spirit of this ordinance, by applying the modification in this manner,.

J

Now this is not a request to modify a specific dimensional standard. The specific dimensional.

J

Standard would be if someone wanted to build a larger front entrance, a larger rear deck. Maybe.

J

A larger convert, a larger structure for a dwelling unit say it's going to be over 600 feet. Those are.

J

The sort of specific dimensional standards that can be expanded upon and modified. This cannot.

J

Be it's contrary to the plain language of this ordinance and it allows for a mechanism of relief.

J

Not anticipated or envisioned by the ordinance, the proper course of action would have been to.

J

File for a detached accessory dwelling unit and to obtain all the requisite permits and approvals in.

J

Compliance with all the conditions associated with that, but this hasn't been done here. This is really.

J

A detached adu masquerading as a garden cottage, and for that reason it's beyond the scope of the.

J

Zoning ordinance but I'll raise my additional comments regarding the substantive criteria.

J

uh For a conditional use permit during the second round, thank you. Thank you.

C

Good evening, I'm james butler, this is my spouse, devin quinn. uh We live at 199 gates, street.

C

We are the immediate butters to the east um of 189 gate street. um We bought our home in 2020.

C

Because it was a special place um in a unique, very diverse and h neighborhood, um which was really.

C

Important to us um and really important, it was really important. You know for a place for us to.

C

You know eventually raise children in um it was important to us and it's a really special place.

C

Because it's a close walk to downtown, um above average size yard and the relative privacy of the.

C

You know in this neighborhood um it's also a special community to us. um We we serve in our.

C

Community um devon is a member of the pierce island committee, she's on the board of uh the.

C

Development board of haven um and and we both um participate um in friends of the south end. um It's.

C

Also a special neighborhood to us because of our neighbors. um We, we have a great ship with all of.

C

Our neighbors um yeah, especially the nervons, um we you know as soon as we moved in they welcomed us.

C

um We we have a relationship with them, we've done tailgates in the fall for football with them. We.

C

um Trade veggies across the you know, across the barrier or across the you know, fence with them and.

I

um We um judy had mentioned that they wanted to age in place and we were so.

I

Supportive of that, since we knew them- and we knew that that was a big goal.

I

Of theirs um judy talked to me about the sequest village and asked me to.

I

Volunteer with them, so I applied to volunteer with seacoast village.

I

We knew that they had also mentioned that they wanted to turn their garage into an apartment.

I

So they text us and said we wanted to turn put an apartment in the garage and we were super.

I

Supportive of that, um whatever they need to do to age in place, that's wonderful! So we didn't really.

I

We never planned to be here because we didn't expect the plans to be different from that.

I

um So it wasn't until we received the abut, a butters notice, that we learned that there was an.

I

Addition on it that would be right on our property line, so that really was kind of a new idea to us.

I

um We, you know, we realized that that was going to be a huge. You know: invasion of our privacy, putting.

I

An addition right really on our property line um that impacts the shade on our garden.

I

You can see in the pictures of us how, um in eric's letter, that um kind of the shade impacts us and.

I

It just kind of feels like it's on top of us. We asked if they would collaborate with us and.

I

Unfortunately, we haven't been able to collaborate, and so we're hoping we can do that here.

I

We really, you know, we really want to support them on this project if it stays in yes, you've.

A

uh By coming up together, you're sort of sharing three minutes- oh I don't know him. I'm just kidding.

I

Do you mind if I um share what I just put in front of you or comfortable with continuing for another.

A

Three minutes: okay: this is our first time in front of a planning board. We didn't know that.

I

um What I wanted to put in front of you is that, um obviously we're talking about.

I

The history of the neighborhood, our house, is also part of the history of the neighborhood.

I

And what we have in front of you is a picture of so we bought the house two years ago, but.

I

15 years ago there was an addition added to our home, so this is our home um and it was actually.

I

Ann whitney was the architect for the previous owners. In this you can see the yellow line on.

I

The top is the property line with the nurbons. You can see the garage right next to it um on.

I

Top of it and then the other yellow line is the 10 foot setback on the property, the green.

I

Is what was originally proposed in ann whitney's plans and and the previous owners went to.

I

The zba and they and it's five feet to the property line and they denied that.

I

They said, no, it needs to be set back, and so the orange line is what um ann whitney came back with.

I

um And that's where our the addition on our home is today. um So it's it's a little like picked up.

I

And moved over um and honestly when I tell people that they don't even notice, because ann whitney is.

I

Phenomenal and did a great job with it, and it looks seamless and even though it's not a perfect.

I

uh Rectangle coming back, it is moved over a little bit to accommodate that setback. So essentially.

I

We're saying you know could in whitney do the same thing here? Could it be, could we accommodate.

I

This setback or go in between the homes or stick to just the garden cottages in the in the garage.

I

We we know that the neighborhood also has adus. They are usually extremely old, but far before.

I

There are ordinances like this there's, usually a fence or trees in between them. Ours does not.

I

And we also acknowledge that there have been other.

I

And mentioned that things were moved over since the cba it's hard to tell, but there's also an.

I

Easement line, so it there's the property line, but the the four feet is from the.

I

Property line, rather than the easement line, the easement line is above that.

I

So the property line is actually like in the middle of my tiny little garden, so four feet.

I

From the property line, but is it we can't really tell maybe it's two feet so we're working with a.

I

Two feet: um we we really want to support the nere bonds. We want them to be able to age in place.

K

um We just um are opposed to being right on top of us in this way anything else.

I

Thank you for your consideration. I have a lot on your thank you. You can come up again.

A

Anybody can come up in for second round, okay, first, any more first round speakers. Thank you.

A

No more first round speakers.

G

Hello, my name is carol bird, I'm representing myself and my husband peter morin.

G

We live at 170 mechanic street and we're here tonight to support judy and pat at 189 gate street.

G

We're not direct of butters, but we have lived in the neighborhood for years and have known pat and.

G

Judy as long as we have been there, the nur burns are what mr rogers would refer to as the helpers.

G

They've invested heavily in the south end in portsmouth to name a few which have already.

G

Been named friends of the south end, the fairy house tour, the gather food pantry food drives.

G

When neighbors were sick and needed help, whether transportation to doctor's appointments in boston.

G

Or help walking the dogs judy and pat were the first to step up to do that. Even organizing a.

G

Yard cleanup for a neighbor last fall, who was battling cancer when the covet pandemic hit in.

G

March patent judy in march of 2019, pat and judy handmade cloth masks which they handed out to the.

G

Entire neighborhood and in russia, when russia invaded the ukraine in february, they got to.

G

Work again and stitched ukrainian flags, which you'll see flying throughout our neighborhood.

G

Now they need our help and as the neighborhood is here to support them apart from wanna butter as.

G

Evident by the attendees in the back row today, portsmouth is starting to realize that some.

G

Senior citizens who have invested in this town for years are aging have have various medical.

G

Conditions and are on fixed incomes. Recently the city council raised both the minimum income.

G

And asset levels to enable these seniors the tax exemption that will help them stay in their.

G

Homes, assuming they can make modifications if needed, patent judy with anne whitney's expertise.

G

Designed an addition that is practical, functional and will allow for the help needed to care for pat.

G

At the zba meeting last night last month, the nurburs made three modifications to.

G

Their plans with the hope of reaching a good faith compromise with the abutter.

G

We hope you will grant them the permit needed to move forward. Thank you. Thank you.

D

Good evening, good evening, my name is susan larsen and I live at 34, blossom street and.

D

I'd like to read a letter from the other abutter of judy impart. This is a letter from walter and.

D

Patricia bonnball bond worker, we write in support of the application of patent judy nevin of 189.

D

Gate street for a conditional use permit to build a garden cottage on their property by converting.

D

And expanding their garage per the plans submitted to the planning department, we are the.

D

Owners of 183 gate street, the property immediately adjacent to the nurbans to the west, the nurban's.

D

Plans should be non-conf controversial. They are rational for converting and expanding the garage.

D

To provide a living space for an on-site caregiver in their senior years is what the community should.

D

Encourage especially when the plans have been so carefully and considerately developed to be.

D

Harmonious with this historic neighborhood and the surrounding architecture and property owners.

D

The modest dimensions of the nervous garage expansion are eminently reasonable and the.

D

Placement of the expanded portion of the garage is logical and aesthetically suitable.

D

Providing for ample clearance between the addition and adjacent properties, the nurban's proposed.

D

Garage conversion is one consistent with the existing single family dwelling on the on the lot.

D

Two provides adequate and appropriate open space, landscaping and off-street parking.

D

Indeed, the nurban's painstakingly maintained existing landscaping is a civic asset in this.

D

Iconic location, three maintains a compatible relationship with adjacent properties.

D

Four does not reduce the privacy of either adjacent property and five does not result in.

D

Any excessive noise traffic or parking congestion.

D

As a community social policy, every effort should be made within reason and consistent.

D

With planning requirements and aesthetic harmony to accommodate a family's effort to modify their.

D

Home in central portsmouth to permit them to remain at home as long as their health permits.

D

Neighbors and others who appreciate the existing layout and viewshed might prefer no change.

D

Or a modified plan, but the nurban's proposal is harmoniously designed and consistent with.

D

The required board findings, so their plans should be approved as submitted.

D

And I speak for the nervous to to.

D

Their application for a garden cottage, the oxford english dictionary, defines community.

D

As a feeling of fellowship with others, as a result of sharing common attitudes, interests and goals, an.

D

Example of which you see here this evening, I know that the planning board values community.

D

In portsmouth, for which we are all very grateful, thank you any other first round speakers.

A

When the yellow light goes on, you've got 30 seconds left and when the red light comes on.

A

You're supposed to thank you, my name is lacey bangs. I live at 245, marcy street.

G

Approximately 75 yards from the nervin's home on on gate street when my family and I moved.

G

In in 1974, the south end was a working-class neighborhood with ethnic, racial, geographic.

G

Generational diversity and we all worked together. There were small children, there were families.

G

Today this is a totally different neighborhood, but back then you could depend on a neighbor to look.

G

After your children, you could have someone pop in to take care of an aging parent with the nurbins.

G

Proposal they have asked for the situation, which was institutional back in in the day.

G

So that they have a family member close by and I totally applaud the plan they have presented the.

G

Ins institutionalized distancing we have today and the differences in portsmouth as we have it today,.

G

There are very few opportunities for us who have lived there, a long time to age in place.

G

I totally support their their plan and I hope you will consider the the variations they ask you to.

G

Make thank you very much. Thank you any other first time speakers is there. Anybody on zoom.

A

Second round speakers, you may speak too far against the application.

J

Good evening um eric mayor, donahue, tucker and chandela here on behalf of devin quinn,.

J

And james butler, still I mentioned before that I was going to address it round. Two.

J

The actual criteria for the issuance of a conditional use permit.

J

Before I do that, I do want to make something very clear and that's my client's position.

J

They are not opposed to the use of this existing garage or an a dwelling unit. They are open to.

J

Alternatives, they've suggested some. They are opposed to a proposal. That's going to adversely.

J

Impact their use of their property, their enjoyment of the property and the value of their property. So.

J

And I will discuss certain alternatives at the end of my presentation. There are several.

J

Criteria that must be satisfied in order for the planning board to grant a conditional use. Permit.

J

And one of them is that the site plan must provide for adequate, open space landscaping.

J

For both the garden cottage and the primary dwelling here, as has already been noted,.

J

This is a lot: that's 0.12 acres, it's adjacent to miss miss queen and mr butler's, which is point.

J

One acre in size, these lots, as as have already been noted, are somewhat unique for the south end.

J

In that they do have a fairly large backyard, just because other folks, in that neighborhood.

J

Don't have a large backyard doesn't mean that my clients should be deprived of theirs and they add.

J

In the open air and in light that presently exists, they paid a premium when they purchased.

J

That house specifically for those attributes, and they should not be deprived of it now.

J

And so in this instance, we have a pro a backyard that is approximately 44 feet in depth.

J

This proposed addition to the existing garage is going to be 10 feet or approximately just.

J

Just under 25 percent of the depth of the existing backyard, the structure itself is.

J

Going to have a peak height of 18 feet from grade on the nurbons property, but, as other folks have.

J

Already noticed that have visited the property, the land slopes downward as you go from the nurbons.

J

To the butler quinn property, it's about two feet of distance down, which means that this.

J

Structure is not going to be 18 feet tall. It's going to be actually 20 from grade.

J

On the butler quinn property along 25 percent of their existing backyard,.

J

And so we believe that, as proposed, this existing plan does not provide for adequate open space.

J

And I know that I raised in my letter issues associated with drainage.

J

It sounds like they're going to be accommodations to allow for that. I would ask just that the.

J

Planning board carefully consider the impacts to drainage and to make sure that the drainage plan.

J

Is definite and is submitted prior to the issuance of a building permit here.

J

The the second criteria is that the well, the other that I will address is that the proposal.

J

Must be compatible with the adjacent property, both in terms of location, design and privacy.

J

As I've stated before, however, this in the design in the location of this, which would be just.

J

Four feet off of the property line, which would tower over the backyard that is unique.

J

For this, neighborhood is simply too close, too bulky and too masked in this area.

J

But I do want to stress that my clients are open to alternatives and they did try to reach out.

J

To the nurbons after the zba granted a variance they did so on several occasions they haven't.

J

Been able to reach to to speak to them in order to discuss these alternatives, but the most obvious.

J

Alternative is that the um dwelling be limited to the existing contours of the existing garage.

J

You've heard this whitney say that the structure as it exists is a little small.

J

There's no indication that that would be unworkable or unusable in in the current.

J

Contours of that existing rush, they certainly wouldn't they would certainly be within the.

J

Spirit and intent of the zoning ordinance they wouldn't need a modification. It wouldn't result.

J

In a 60 expansion of an already pre-existing non-conforming structure- and it would not cause.

J

The adverse impacts that will likely result to my clients as a res under the current proposal as.

J

Devin also noted there are other alternatives if there is to be in any an addition onto the.

J

Existing garage, including shifting it over, so that it is not so close and masked upon their.

J

Property line, so that does comply with the setback and is not located within four feet.

J

And so that they do keep access to the air and light that is unique about their property.

J

I will also note that there is a continued concern about privacy, regardless of the configuration.

J

That the planning board might permit here. This is adding an additional dwelling that.

J

Is going to be very close to the property and very close to the existing residents.

J

Regardless of the configuration that this pla, this board approves, if it approves any.

J

We would ask that a condition be imposed, that the nurbons construct a fence along the property line.

J

Approximately seven feet tall, which is above the height of the average in person, so folks.

J

Can't look in that is actually consistent with a lot of the backyards in the south and where they.

J

There are such fences that exist at present, so, in short, my clients do support the nurbon's efforts.

J

They just do not support this current plan. Thank you. Thank you. Any other second-round speakers.

F

Yes and whitney back again, I'd like to just correct one thing: this is not a 60 expansion.

F

Of the garage, it's a 43 expansion, so we're not doubling more than doubling the size. It's just.

F

Nine ten and a half by fourteen and a half foot, you know addition to already small structure.

F

um You know they had. um We had actually spoken to them before they got the abutter notice, but.

F

They were away at the time and you know we they, the urbans, had reached out several times, so we.

F

Haven't didn't sort of spring this edition on them? They were aware of it at the time.

F

I guess I would just go back to you know trying to bring this into some kind of scale, and we put the.

F

Sight plane back up on the.

A

I think she's working on it yep yeah that first plan the one.

F

I'll take this with me.

A

Just don't don't touch the screen, I won't touch the screen. um You know this. Addition is actually.

F

Just from the edge of their uh porch, it just is, is nine feet of expansion. It's really this.

F

Little piece of the yard right here- that's about 116 under 120 square feet that would be affected.

F

And they still have this entire backyard here, so I think um I guess it comes to you.

F

Know the hardship, um where's, the bigger hardship, I think uh the hardship to this backyard. We feel.

F

um Isn't as great as the hardship to the you know, my clients trying to make this a livable space.

F

And- um and you know we have looked at other options, but it really you know the lay of.

F

The land, the height of the garage versus the height of the house, makes us very complicated.

F

The access to the backyard we feel like we're really boxed in in this in this situation,.

F

And that, in a small addition on the end, here is sort of the way to go to not have to.

F

Completely change the structure of the nerman's house to accommodate this.

A

L

Any other second-round speakers.

A

Any third-round speakers this is going to be your last opportunity. If anybody wishes to speak.

C

Good evening um I'm pete warren carol's husband, live at 170 mechanic street been.

C

In the neighborhood for 30 somewhat years, and um this request that the nurburners are making.

M

To us feels very reasonable for what they're asking for, and we have seen over the years. I.

M

Have seen personally and been involved in a few different editions and add-ons and homes and.

J

The quarters that we're living in it's got to be a little give and take, hopefully so that people can.

N

End up in judy and pat's case living there for the long pole, if they can much like, we all want to do.

C

So I I am in full support of this and find it to be a reasonable request. Thank you.

A

Thank you any of the third round speakers. Nobody on zoom, mr chair, before you close the public.

B

Meeting to ask a question public hearing, I'm sorry you're not supposed to ask questions.

A

You can ask questions to board members all right. That's why.

A

So any other third round speakers.

A

I'm gonna nobody on zoom, still, okay, I'm gonna close the public hearing.

A

Open up for board discussion.

B

Mr chair, yes I'll, ask my question: now then please, okay, um I am confused a little bit by.

B

Our regulations and what mr attorney mayor had to say about what we can do as a board.

B

His letter stated quite clearly about expanding a building vertically or horizontally, and it says.

B

We shall cannot do that other than the entry or a rear deck. We can modify those dimensions.

B

But then, on the next page, it kind of gives us carte blanche to modify.

B

Any dimensional standard is that accurate you're, quoting from 10 8 15 50., correct.

A

Yes, I just didn't want to make. Is that contrary or is that just a unique part of the ordinance.

A

I uh I'll let the planning director speak to this in a minute, but I also made notice myself.

A

Earlier, um in my opinion, 10 15 50 does allow this sort of discretion. Okay. Let's add to that. I would.

E

Say that we we agree with that interpretation. I understand the um issue raised by the attorney.

E

For the applicant about that language, but it seems in the modification language, it seems.

E

To broadly refer to those conditions that are specific to the garden cottage that are listed in.

K

K

But uh so we have we, we interpreted it clearly, based on our memo. We interpreted that to mean any.

E

Of those standards listed in there we're subject to the planning board uh modification, so we.

E

Interpreted it a little bit more broadly than the attorney, then the attorney for the uh the butter.

E

Process I'll just speak a little bit to when we actually enacted the actual zoning.

K

The intention of the garden cottage was because we have such an old city, and we.

K

Have a lot of old structures that there's barns and there's carriage houses, there's garages.

K

And the idea was that structure's already there, so how can we allow people to use those to make adus.

K

So this was our form of calling in adu by creating the garden cottage.

K

And we made it a smaller square footage and I think the intent was you know we didn't want.

K

A giant building being put in then you could actually build a detached brand new adu.

K

So if it's an existing structure, let's fit it within the square footage that we sort of looked.

K

At and then really try to find you know reasonable ways, so the modification yeah we we intended to be.

K

Able to give this board the flexibility that, if it needed to when something, seemed reasonable.

K

To be able to do that, and that was kind of the intent behind creating that, if that helps at all.

A

A

I think it's it's worth note that a deck can go on specifically is allowed as well.

A

As the entryway expansion, um as an engineer line severe myself, I I feel that dimensional.

A

Flexibility does apply to area as well as vertical and horizontal dimensions, so.

A

Any other comments.

A

Board ready for a motion.

A

I'm not seeing anybody I'll go ahead and make one. Let me put all my glasses first.

K

Thing uh we'll start with the first: we vote to grant a modification to the requirements.

K

Set forth in section 10.815.31 to allow for an expansion that includes 192 square foot. Addition.

K

I'll, second, that, oh it's only 152., okay, we'll make that 152.

K

Can um you know my big my big thing with this? Is that we're keeping to under the 600 square.

K

Foot if it was going beyond the 600 square foot, I would be completely against it. It is.

K

Sticking within the actual, you know total square footage that we wanted garden cottages to be.

K

And with that we've been, um I think very, I wouldn't say strict, but we've stuck to our guns on.

K

Adus and probably the last year or two of really trying to keep them all to the square footage that.

K

The ordinance states um we've made several like approved them, but said they had to make it smaller.

K

So it would fit within square footage. They made storage whatever the case may be so we've looked.

K

At a lot of these in different ways- and I think that that's been really important and because it.

K

Is keeping to that? um I, I think it's a reasonable amount. I mean if they want to live in harmony with.

K

Their neighbors I'd suggest maybe trying to shift the whole edition over a foot or two, maybe that.

K

Would be more helpful and it would still fit within our approval as far as I'm concerned. So.

A

I'd just like to add, I made a note I made another one later tonight. I think we need to make the.

A

Findings first before we make the suggestion to, I think we need to state that we have.

A

It conforms with 108 8, 15 40 and those four criteria in order to grant what you just proposed.

K

To grant a waiver yeah that wasn't put first in my list, I I'm sorry I should have mentioned it.

A

It wasn't that way in in the package. I believe that would be a so you want me to uh we've always.

K

Done the waivers before the approval, so um so you want to do two before one is what you're looking.

K

At maybe, if you wanted to amend your yeah, I can rescind my motion and restate that works. For me.

A

Does it work for the second? Yes, it does all right. This will be a bit longer. One.

K

I'd make a motion to fight that the fine that the application meets the requirements set forth in.

K

Section 10.815.40 of the zodia zoning ordinance and to grant the conditional use permit with the.

K

Following stipulations, uh one is going to be any change required as part of the historic district.

K

Commission review an approval that results in a change in the stipulations approved here or any.

K

Change that is not substantially compliant with the approved conditional use permit, as determined.

K

By the planning director shall be resubmitted to the planning board for review and approval.

K

I would like to add to that uh so something new I'd like to add a stipulation that they create a.

K

Gutter system on the garage create a drywell and connect all the drainage so that all the water is.

K

Remaining on the property and goes through to the drywall dry, well, I'd like to also add a.

K

Stipulation that they work to put a fence in between their house and the neighbor's house.

K

I believe our zoning requires that to be no higher than six feet without getting approval from a.

K

Board, so they may want to stick with six feet I'll. Second, that point of clarification you, I think you.

A

Said all the drainage, I think you mean all the drainage from the garage and yeah the garage. The.

K

Edition, yes, sorry yeah, I did say all that I meant from the from the this structure: roof drainage.

A

Okay, any uh any just further discussion about that motion.

A

We ready for a vote all those in favor, aye, aye, aye aye opposed all right.

A

We have uh motion carries seven to one. uh You want me to continue. Yes, please I'd make a motion.

K

That we vote to grant a modification to the requirements at fourth, in section 10.815.31,.

K

To allow for an expansion that includes a 152 square foot edition.

K

Second, I think you've explained that one well. I think I've talked as much as I want to talk so.

A

Any other board members wish to speak.

A

All those in favor say aye aye opposed all right again. It passes seven to one. Thank you very much.

A

Our next item is uh requested society protection. New hampshire forest is owner.

A

For property located at 400 little harbor road requesting a wetland conditional use permit under section 10.1017 of the zoning ordinance.

A

For installation of a new public bathrooms resulting in 303 square feet of permanent.

A

Impacts to the for the building and 275 square feet of temporary impact to the 100 foot wetland.

A

Buffer area properties shown on assessors map 203 lot, 8.

A

And lies within the rural r districts. Is anyone here to speak to this application.

O

Good evening, mr chairman, member of the board, eric weinrich with altus engineering.

O

Also with me on kyle murphy, with the society.

O

I think everyone's very familiar with the property um the society purchased it in around.

O

In and around 2000 from billion chet knoll uh at that time they thought that they were going to be.

O

Entering into agreement with sold marine lab, uh the cottage itself went into disrepair and was.

O

Slated for to be raised, fortunately, benefactors stepped forward and the building was restored and.

O

We have a crown jewel out there in the uh the cary cottage. At that same time, we permitted a.

O

New water line to service the building and improv and the improvements and access to the parking.

O

Also around that same time, under a different permit, we got a new septic system approved.

O

For the carriage house, which is the area where we're going to be working here,.

O

Which is the carriage cottage, either carriage house? The carriage house is on the scent look that.

O

End of the site and the uh kerry cottage is, on the other hand, um that building was renovated at that.

O

In 2000 um so that it can be used for the gundala summer programs as well as other public use, I.

O

Pre covered, I think the property saw a lot of public access and now definitely in the.

O

Pandemic era, the grounds are very much used on and it's a big loop walking loop for on people in the.

O

In the city, there are no pep public restrooms on the site or anywhere in that part of the city.

O

And so the society recognize that need and they propose on a detached public restroom.

O

Facility on tying into the existing septic system that we already uh designed and had constructed.

O

The building is slightly in the wetland buffer. It's about 81.7 feet away on from a buffer. That's.

O

Already had impacts from the budding property which, on their driveway, is very close to the.

O

Butter buffer and the existing building is also closer to the buffer than what we are.

O

We're proposing on about uh well 16 by 26, building approximately 413 feet square feet.

O

On in the buffer area- and it includes a bench covered area and rest waiting, resting waiting area.

O

The septic system has a 300 gallon per day design flow and we anticipate uh based on.

O

Low flow washes and limited hand or minimal water use due to uh hand washing that it has a.

O

Capacity for about 160 people per day uh we're not projecting that high abuse, but we just designed.

O

For a minimum 300 gallon per day and that's what we have capacity for a very simple project, we're.

O

Mitigating the runoff with stone, drip edges around the building and we sighted the building in a.

O

Manner that complements the existing building, so it's kind of centered in the building so.

O

That was the reason why we're partially in that wetland buffer. That's about it! Any questions.

C

There's an existing foundation there and you didn't want to use that in any manner.

O

It's just rubble: it's not really a foundation that could be used. Okay, but can you move 19 feet.

C

Out towards that ledge and be out of the buffer, so yes that could then it would be a greater expense.

O

On and it doesn't complement the building the way the building is excited, it's balanced on the.

O

Existing building and it's a low impact area and we, you know, work very hard, complementing the site.

O

We're further away than the existing building we're further away than the driveway of the.

O

Abutting property, so with stone drip edges. We believe that this is a reasonable use and not.

O

On something that we feel would be adversely impacting that well, but there is an ultra.

C

Alternative location for the building there is an alternative location. There's.

O

Multiple locations on the site, but the proximity, the balance and the fact that.

O

We're really providing a public benefit on. We chose to stay in this location. Thank you.

A

Does this building the proposed building eric? Does that have a foundation? It will have a.

A

Foundation, have you done test bits in there to see how close that ledge is? We have not.

O

Confirmed with carl, no, we have not um so it may be partially pinned it may be full foundation.

O

I know that it, I believe, a partial basement under the uh the carriage house of budding.

A

I was wondering also as greg's question about shifting actually being a lot closer to the.

A

Exposed ledge, which, when ledge is exposed, it's usually not too far into the ground,.

A

And it was hard to, I didn't see an elevation, I mean you've done an elevation.

O

Yeah, it's actually it's in your packet. It should be the last plan in the set.

O

Am I allowed to turn this thing.

O

It wasn't it's supposed to be in the plan set.

A

I didn't see it in mine. Did anybody else? No, I don't we didn't have it.

O

Well, I apologize. I do have one coffee here that could be helpful.

O

O

What may have happened if I just running it through? It was in the original submittal and.

O

We just submitted new documents of the plans that changed the first two sheets.

O

So, that's probably why you may not have it in your package, maybe in a prior month.

O

It was definitely in the prior one, because that's the original submission right there.

A

So I guess there's different things to think about. There's the ledge possibly to the north.

A

Also, if you have a building in front of another building as you're an addition in front of a.

A

Building as you approach it, you can look at the addition. Not the is that is that the situation.

O

That was the situation is to to balance it, to follow the peaks and to complement the other.

O

Building, if you shifted it, I think it would look awkward out there as you as you approach it and.

O

And it's the society they're not building more pavement um and they wanted to keep it close to.

O

The existing building so that they could actually you know, tie in very easily with the utilities.

O

Moving it further, probably would incur more costs on due to ledge removal and.

O

Speaking with carl this evening, just with, as we all know, with construction costs right now,.

O

You know, as the numbers are coming in it's much more expensive than they expected.

A

Hate to dominate things, but I just have to ask the question: why is why? Is it near the existing.

A

Building, why didn't you stick it by itself? It's near the existing building because of the gundalo.

O

Program that the kids are in there, they don't have that public restroom. They want to be able to.

O

Have close access to it? I guess I'd follow on with what rick's saying just across from the building.

C

Is a big open grass area and you could easily put up a freestanding building.

C

There and just trench the utilities into this building. I was just there a couple hours ago.

C

Are you talking about here's the building over.

O

Here restriction, thank you. We are only allowed to work within this area. Thank you.

B

Mr chair, yes, I think this is a a reasonable request to be in a buffer for a couple reasons.

B

Many of you've already spoken about the ledge, the aesthetics. I think it.

B

Would look very awkward to have a freestanding building, you know, look like a modern outhouse.

B

And therefore I think it's I would consider as a de minimis impact and.

B

For all the reasons we have to allow this type of flexibility.

B

So, um that's why I think it's a good place for it, but uh will it will the restrooms be.

B

Open year round they will be open year round, but they will not be open, 24 7., so it they.

O

Haven't quite figured out the mechanism, but it's probably going to have some sort of timer on the.

O

Doors so that at a certain time you know probably seasonally at dusk or whatever, how it will operate.

O

That you'll close at night so that you won't have you know, homeless issues and so forth.

A

Any other questions of the applicant.

A

Now is your chance: if you have a question.

O

Monre, you don't have any more chances to get me.

A

Okay, thank you. I guess we'll.

A

Open the public hearing anybody here to speak too far against this application.

L

Excuse me, my name is robert najar. I live at 10, martin cottage road. It's adjacent to the.

L

Society's property, they have been wonderful stewards of the area. It does contain a lot.

L

Of wetlands, particularly as you're going in on the driveway, the left-hand side.

L

And this is a definite public benefit that they have no obligation to provide.

L

But due to the increase in the use in that area, since covid little harbor road has seen.

L

I don't know I've heard 10, some people say 10 times at least five times.

L

The amount of people coming down the street and walking there is no other bathroom public bathroom.

L

The mansion does not have public bathrooms well, they may have it during when the mansion's open.

L

But that is very limited hours and seasonally. I am the steward for the little harbor loop trail.

L

And was involved with um society and laying out the trail and so forth, and I walk it.

L

At least every other day pick up a lot of litter, and one thing it would be nice to see is less.

L

Tissues behind trees because people don't have a bathroom, so I think this would be a definite.

L

Public benefit and I like the idea that it's it's going to be timed to be closed in the evening.

L

Because the also the property is closed at dusk, so that's consistent with their current operations.

L

And I think also the having structure or permanent bathroom as opposed to porta potties, would be.

L

Better for the other programming, especially it's done during the summer and, as you know,.

L

Port-A-Potties aren't the most pleasant uh experience, so I uh fully support and.

L

I also financially supported uh this uh project when they had a meeting in the neighborhood and.

L

Invited all the neighbors to come in and tell them what they were planning and, of course,.

L

I asked for their support, so thank you. Thank you any other first time, speakers 2-4 against.

A

Second round speakers: anybody on zoom third round speakers last opportunity.

A

We're going to close the public hearing, it's the board's pleasure.

K

Mr chair I'd make a motion that we vote to find that the application.

K

Satisfies the criteria set forth in 10. 10 17 50 of the zoning ordinance second drew explain.

K

uh I don't explain, I just want to comment. I mean I've. This property is now near and dear to my.

K

Heart, I spent a lot of time as demolition review committee chair when they were going to tear down.

K

This structure in the mansion and um I'm very happy to see that it's come back to life and that.

K

So many people, especially during covet, have been able to use the property, and I think this is a.

K

Really great addition for the use of the property, so I'm super excited there. You go.

A

Any other comments, I'd concur and I've made use of the property and the trails and.

O

It's definitely something that's needed there and I think it's.

H

Well presented and meets what is required: I've been fishing down there and I've seen.

A

Guys walk away from the stream for a few minutes. That's why we want to stop.

A

Okay, we have a motion in a second all, those in favor, aye, aye, aye, opposed motion carries.

A

Thank you very much, um there's a second motion.

K

I will continue by making a motion that we vote to grant the wetland condition to use permit.

K

With the following stipulations: blueberry, bushes, blueberry, bushes, I think or other native shrubs.

K

Are planted along the buffer area near the wetlands edge and the property is maintained.

K

According to nofa standards, second, second, I was asking for a second not making that's what I said.

A

Okay, I have nothing done comment. No all those in favor, aye, aye aye opposed passes unanimously.

A

Our next item request of adl 325 little harbor trust, is owner for property located 325 little.

A

Harbor road requesting a wetland conditional use permit under section 10.1017 of the zoning.

A

Ordinance to replace an existing single-family residence. Thank you.

A

Excuse me structure carriage house shed barn and paddock to construct garage pool, pool cabana.

A

Playground and renovate existing barn and shed with all the associated electric gas, water and.

A

Sewer updates, as required on the private property and within the public right-of-way, resulting in.

A

195 656 square feet of impact in the tidal buffer area and 17 189 square feet of temporary impact.

A

To the title wetland areas, the property is on the assessor's map, 205 lot 2 and it's located in the.

A

Rural r, district and single residence, a districts who's here to speak for this application. Thank.

H

You and good evening, mr chairman corey caldwell of tf moran joining me tonight is matthew. Cunningham.

H

And josh boogery of matthew, cunningham, landscape design. We also have our builder jim youngblood of.

H

Young blood builders and ryan corrigan of retail ecological- you may recall at the january 27 2022.

H

Meeting we provided a brief history of this property, known as lady isle often referred to.

H

As belle isle at that meeting, this board granted a conditional use permit for a detached accessory.

H

Dwelling unit the unit exists and renovations are scheduled for the spring. This property is a 12.3.

H

Acre island with access to and from the island via a paved driveway from little harbor road.

H

That driveway to the island is just beyond courier's cove and it's approximately 2100.

H

Feet in length and it spans the back channel of the piscataqua river, with a 100 foot or so steel.

H

Easterly half of the island, as you can see, from the photos on the screen. This is.

H

An existing aerial view: the easterly half contains a residential dwelling.

H

A carriage house detached accessory dwelling unit, which was formerly the island's caretaker house.

H

It contains a four-story barn, a shed or horse shelter or a lean-to.

H

Two docks and a tennis court, as you can see the all of these buildings, with exception.

H

Of the small lean to or horse shelter are located on the easterly half of the island.

H

The westerly half is entirely forested. Most of the island is subject to the 100 foot, tidal.

H

Buffer zone, therefore, any work proposed on this island requires a conditional use permit.

H

Our proposal is to remove the existing house and construct a new home in the same approximate.

H

Location, the drawing that was passed around in yellow, shows the footprint of the existing house.

H

You can compare that to the bold black line, which shows the footprint of the proposed home.

H

It's the same location, it's approximately the same distance back from the river. The new home is.

H

Slightly larger we're also proposing a one-story pool house and pool to the east of the new home.

H

A pool house or cabana contains about 368 square feet to the northwest of the home, we're proposing.

H

A one-story garage containing about 1475 square feet, the existing shed to the north side on the.

H

North side of the island will also be replaced with a with a larger shed. The barn adjacent to.

H

The tennis court will undergo interior renovations and will have two new decks. Some of you may recall.

H

I don't remember if board members were present, but five years ago I presented a similar application.

H

To this board that application included the replacement of the existing home, the removal.

H

Of three accessory structures renovations to the carriage house, we were constructing a pool.

H

A pool house and a patio and we were replacing the existing septic system with a new system.

H

We were also replacing the driveway on the island from a paved driveway to a pervious, driveway and.

H

We were constructing a tennis court and a new sea wall around the perimeter of the island.

H

A conditional use was granted by this board for just over 154 000 square feet of buffer.

H

Impact additionally, in february of 2018, this project received a wetlands permit.

H

From the department of environmental services for that same amount of impact.

H

And a shoreland impact for an additional 41 000 square feet of impact to the protected shoreline.

H

Prior approved was just under 200 000 square feet of of buffer impact.

H

These state permits expire in 2023. Therefore they are still valid today.

H

The cup, however, what was issued by this board in 2018 has expired.

H

Some of this work that was previously approved was accomplished. The applicants repaired the seawall.

H

Around the island, they did construct the tennis court and have removed three accessory buildings.

H

Those three accessory buildings were classroom space that was um part of the.

H

The catholic school that existed on this island for decades, these remaining improvements that were.

H

Approved were delayed for two reasons. First, the applicants in the process chose a different style.

H

Home and hired the services of a new architectural firm that took a couple of years and secondly,.

H

Sadly, our builder, at the time peter khasnet, passed away approximately 16 months ago. Those.

H

Two things put delayed the project and we're back before this board, with a with a revised submittal.

H

The home design is now complete. We have a new builder who's here tonight,.

H

The application is much like that, which was approved in 2017. The only differences.

H

Are we have one first, a different home design? Second, we're adding a 1475 square foot garage.

H

Third, this time we're removing the 2 000 square foot carriage house or under the.

H

Original approval it was proposed to stay. Fourth, we have a different location and a smaller pool.

H

Fifth, we have a smaller pool house than was previously approved.

H

Six, we're now renovating the historic cottage which we believe dates back to the 1700s.

H

Under the prior approval that historic, cottage or caretaker's house was slated to be demolished.

H

And removed and, lastly, we're adding two decks to the horse barn. All this proposed.

H

Work is taking place on previously developed upland soils. There are no wetlands on the site.

H

Total impact within the 100 foot, tidal buffer zone is just over 195 000 square feet. However, it's.

H

Important to note about 90 000 square feet of this impact is to add native and or other vegetation.

H

Since these plantings are so large.

H

Mecha mechanical equipment is necessary, therefore, we're counting these planting areas as impact.

H

Post-Construction the island will contain much more vegetation than what exists today.

H

Currently, within that 100 foot tidal buffer zone, there is just over 27 000 square feet.

H

Of impervious area, which represents about eight percent of the buffer post construction, it'll, be.

H

Reduced to just over twenty five thousand square feet uh or seven point five percent, which is a.

H

Net reduction of over nineteen hundred square feet of impervious area within the hundred foot buffer.

H

Over the entire site, it's significantly much more. There is about forty nine thousand eight.

H

Hundred square feet of impervious area existing today, post construction, it'll, be.

H

Reduced to thirty three thousand three hundred this is a reduction of over sixteen thousand.

H

Five hundred square feet of impervious area on this site a through this is a three point. One.

H

Percent reduction of the impervious area over the entire island. To put that in perspective.

H

Our sites impervious area post construction will be six percent, where zoning allows up.

H

To 25 percent we're reducing impervious area as well as the impervious area within that 100.

H

Foot tidal buffer zone, in addition to reducing the impervious area, we're also reducing the.

H

Amount of lawn today the island contains about 267, 000 square feet of grass or lawn area post.

H

Construction, it's being reduced to 146 000 square feet, which is a reduction of just over 121 000.

H

Square feet of lawn, which is almost three acres, natural woodland is being increased from 188 000.

H

To 255 000 square feet, which is an increase of just over sixty six thousand square feet.

H

Which is about one and a half acres in natural woodland, vegetation being added to the island.

H

This lawn reduction in the increase in woodland and native species plantings is demonstrated.

H

By the five sheet set of landscape plants in your set, these landscape plans were provided.

H

By matthew, cunningham and his team will be briefly describing these a little later.

H

Matthew will describe the plans and the plants selected following my portion of this presentation.

H

And if you look at these plans, you can see much of the focus of the landscape's improvements are.

H

Proposed within that 100-foot tidal buffer zone that that zone is being significantly increased,.

H

With vegetation as a result of this proposal, another way we're improving this island is with.

H

The utilities currently the house is heated with oil. It's connected to city, water and.

H

Has its own septic system approximately 20 feet away from the piscataqua river.

H

We'll be connecting the island to natural gas and utilizing geothermal for heat sources.

H

A new water service is being installed from little harbor road and we're connecting the.

H

Island to city sewer via force main from the island up the driveway to little harbor road.

H

Then, along the northerly, shoulder of little harbor road out to sagamore avenue, this connection will.

H

Allow us to remove that septic system which is very close to the tidal wetland. The new home and.

H

All accessory structures will be will be served by municipal water and sewer and have natural gas and.

H

Geothermal for heat, we're also improving storm water management on the island. This.

H

Is accomplished by reducing impervious area, we're adding a lot of vegetation and we're capturing and.

H

Treating all roof runoff and diverting to a stone, trench or dry wells, there will be a significant.

H

Reduction in post-construction storm water flows to the river as a result of this construction.

H

A land management plan was prepared by prater ecological and is in your packets. This plan.

H

Describes how we intend to eliminate or reduce invasive species on the site.

H

And restore even more native nature, not vegetation brian corrigan from.

H

Retail ecological is here and can address any questions on this plan.

H

A brief history: this revised project was presented to the conservation commission in october.

H

In november of 2021, on november, eighth, a joint site walk with the conservation commission and.

H

This board was held, we realized several members of this board were not on the board. Last november,.

H

And didn't have the benefit of the sidewalk for those members, we hope the aerial photos.

H

Of the island will help. In november, the commission provided favorable recommendation.

H

For a conditional use permit and we were scheduled to appear before this board last december.

H

At the day of the hearing, we were asked to go to the technical advisory committee tax approval.

H

Is not necessary for residential dwellings, however, due to the complexities associated.

H

With the utilities, the planning director at the time and the assistant city engineer felt tack.

H

Review was prudent, we agreed and we attended the february march and april tac meeting to.

H

Work through and address all their concerns and comments relative to the utilities, the technical.

H

Advisory committee voted to recommend approval to the planning board on april 5th of this year.

H

Since we're running sewer water, gas and electric to the island via the existing paved access, drive.

H

This drive whale will require resurfacing also shortly after we received conservation.

H

Commission recommendation we learned that the bridge to the island would need to be replaced.

H

Both of these will have impacts on the 100-foot buffer. Therefore, we return to the.

H

Conservation commission, with revised plans demonstrating the impacts to these buffers.

H

Now that impact is simply to replace the resurfacing of the driveway which exists and.

H

To temporary impacts in the buffer for the replacement of the bridge, there will be no.

H

Other impacts associated with the 100-foot tidal buffer zone, the conservation commission issued.

H

A second favorable recommendation for this revised impact at its march 9 2022 meeting.

H

In addition to conservation, commission and tac recommending approval, we also received.

H

An aot permit from the department of environmental services for the storm water improvements and the.

H

Excavation impacts at this time, I'd like to have matthew cunningham, briefly discuss the landscape.

H

And vegetation improvements, I'll then close with the six criteria for approval of a wetland cup.

H

Pursuant to section 10 10 1750 of the portsmouth zoning ordinance matthew.

P

Good evening, members of the board, my name is matthew. Cunningham, I'm principal of matthew.

P

Cunningham, landscape design. We build design and oversee the construction of residential.

P

Landscape architecture, projects that are devoted to creating contextual and ecologically sincere.

P

Landscapes throughout new england, I'm also a lecturer at the harvard graduate school of design.

P

Where I teach budding landscape architects about the native plant communities.

P

And how to use these materials to create landscapes that promote.

P

Environmentally considerate interventions that build habitat and enhance site biodiversity.

P

My firm has been working with these clients for a number of years to develop an overall.

P

Master plan vision that aims to transform what is currently a relatively lifeless area of moan.

P

Turf into a vibrant new landscape that encourages wildlife in the form of birds and pollinators and.

P

Creates new large areas of native and indigenous plant communities to contribute to improving water.

P

Quality and to prevent erosion in the face of the ongoing climate crisis, we have coordinated.

P

As corey mentioned, we've coordinated a land management plan with parterre ecological.

P

Also, a leader in the field to develop a careful plan of attack to address the invasive species.

P

And to remove them from over six acres of the existing island over a three year period, a goal.

P

Is to preserve the existing tree canopy and to really ensure that it thrives in the future.

P

The project involves the removal of a total of 13 trees, we're replacing them with 101 new trees.

P

For a substantial tree, caliper increase of 140 percent of what is existing.

P

We have uh we're converting vast areas of lawn within the hundred foot buffer into vibrantly.

P

uh Vibrant and robust planted shrub and perennial beds utilizing around sixteen thousand plants and.

P

Ninety percent or more are um native or indigenous we're, also converting all of the remaining moon.

P

Lawn areas into drought, resistant clover, fescue blend, which will reduce mowing frequencies by half.

P

It will also eliminate the need for any fertilization within the buffer. It's we're.

P

Also employing mowing strategies that will result in free, far less mowing patterns on the island.

P

Our goal with this project is really to create a new landscape that reduces maintenance.

P

Maintenance needs. Excuse me feels authentic to the surrounding context.

P

And restores the vibrant multi-seasonal vegetation colonies that encourage and nourish wildlife.

P

And, in short, our clients, are they desire to be good stewards of this property and to raise their.

P

Family in this environment, so thank you and with that I'm going to return it back to cory.

H

With that picture on the screen that shows the island as exists stephanie, could you bring up the.

H

Renderings we submitted that shows what the island will exist, post-construction and if you have the.

H

Drawings in front of you I'd ask you to look at those side by side. There's one more one. More.

H

There we are there, so those are renderings of what this will look like after construction and.

H

I think you can see primarily in the buffer there's a lot more vegetation.

H

There's a significant reduction in pervious area, there's less lawn and there's just a lot more.

H

Vegetation on the island that what exists today, as you're all aware, pursuant to section 10 10.

H

1750 of the portsmouth zoning ordinance, there are six criteria to be satisfied.

H

To approve a conditional use, permit I'm going to take through those six criteria for both the.

H

Original approval of the conservation commission back in november and the revised approval, because.

H

Really the revised approval, the only difference is, it includes the replacement.

H

Of the bridge and the resurfacing of the existing paved driveway, the.

H

The first criteria is that the the land is reasonably suited to the use.

H

Activity or the alteration so as as you all know, the property is zoned for single-family use.

H

And single-family use is reasonably suited to this island. The pull the all the alterations.

H

Take place in previously disturbed areas previously disturbed uplands too.

H

The westerly half of the island, which is all woodlands, is not being touched other than invasive.

H

Plant management, forest management to encourage those species to flourish, considering that the.

H

Other possible uses in this zone are open space plan unit developments, assisted living areas or.

H

Assisted living, centers, residential cares or daycares or other less preferable uses.

H

Per zoning, these usually would likely require much larger footprint, more human activity.

H

That may disturb wildlife, unlike these profit, profitable uses the homeowners that we're working.

H

With today are stewards of the land uh this island is in a I believe. It's a revocable trust.

H

And they want to maintain the island for their next generations at their own expense and decision.

H

They've provided enhanced landscaping beyond the requirements of zoning. Additionally, beyond zoning.

H

Requirements they provided a land management plan to manage invasive species and and they've also.

H

Promoted a significant amount of landscaping to promote wildlife, habitat.

H

And a healthier ecosystem second criteria is there's no alternative location outside the.

H

Wetland buffer that is feasible and reasonable for the proposed use, activity or alteration.

H

Alternative locations for the development have been considered in previous years, a few years back.

H

We did a layout which was primarily outside of the 100-foot buffer on the westerly side of the island.

H

While this design limited its impact to the wetland buffer, it required removal of much of the.

H

Upland wooded area, it was the conservation's commission's opinion that development.

H

That that it should maintain the majority of the woods on the westerly half of the island and be.

H

Located within the previously disturbed areas, as it's now proposed today, the design is intended.

H

To provide the least adverse impact to areas and environments within that 100 foot, wetland buffer.

H

Primarily because it's on the easterly half, where all this construction is taking place,.

H

It's all disturbed now, third criteria is that there be no adverse impact on the wetland.

H

Functional values of the site or surrounding perspective.

H

Most of the impact areas to convert areas from pavement to lawn to open space such as landscaped.

H

Areas: drought, tolerant meadows with the goal of establishing more vegetation alterations.

H

Of woodland will occur only to the extent necessary to achieve these construction goals.

H

The project does not propose any permanent wetland impacts, we're all in previously disturbed upland.

H

Buffer areas, the only tidal wetland buffer impacts are associated with the replacement of the bridge.

H

The island will benefit from an overall reduction in pervious area.

H

Increased natural vegetation, improved groundwater infiltration through storm water infiltration.

H

Practices no adverse impact on the wetland, functional values of the site or surrounding.

H

Properties are proposed, in contrast, they're actually enhanced as a result of this project.

H

Fourth, was that the alteration of the natural vegetated state or manage woodland will only occur.

H

To the extent necessary to achieve construction goals, most of the disturbance to the natural.

H

Vegetative state taking place by this project is the lawn areas and much of this disturbance.

H

Is to replace those lawns with vegetation to enhance that wetland buffer, primarily.

H

Post construction there will be more vegetation in the buffer than what exists today.

H

Fifth, is that the proposal is the alternative with the least adverse impact to areas and environments.

H

Under the jurisdiction of this section again we're significantly reducing impervious area.

H

We're increasing natural vegetation, we're reducing lawn area by almost three acres.

H

We're managing invasive species, we're implementing storm water management improvements and we're.

H

Removing a septic system approximately 20 feet from the edge of the river storm water quality.

H

Running into the river is significantly improved as a result of this project, while.

H

Quantity is significantly reduced and, lastly, any area within the vegetated buffer strip.

H

Will be turned to a natural stent. Excuse me to a natural state to the extent.

H

Feasible areas on the western half of the island, this is already taking place. It's all vegetated.

H

Right up to the edge of the wetland, it's the eastern half of the island, where we're.

H

Increasing that vegetation within the buffer zone, again you look at the existing photo. Most of that.

H

Area on the eastern half is long, and much of that lawn is going to be replaced with this vegetation.

H

A significant portion of the buffer is restored to natural vegetation that doesn't exist today.

H

Particularly along that water line and the wall.

H

We like you to compare the photos of the site today to those renderings of what the site will.

H

Look like post-construction and we think we'll agree that this project proposes a significant.

H

Improvement to this property, additionally, through the reduction of impervious surfaces.

H

And converting that lawn existing lawn to native vegetation, we have greater nutrient attenuation.

H

Shoreline stabilization and opportunities for wildlife habitat to be achieved.

H

Collectively, these improvements increase the overall integrity of the tidal resource.

H

H

We hope you find the the improvements see them as we do. We spent quite honestly years on these plans.

H

Tweaking the design constantly trying to make improvements to him, matthew and his team have.

H

Gone through many renditions of the landscaping plan trying to continuously make improvements.

H

We believe this project leaves the island in a much better state, and it also leaves the title.

H

Resource adjacent to the island in a much better state than what exists today, myself or members.

H

Of the team will try to address any questions. We also ask for the opportunity to address any public.

H

Comments. Thank you. Thank you. Corey and matthew. um Question board members questions the applicant.

A

Yes, jim, uh mr caldwell, I um looked at your plans and uh I counted nine structures that.

B

Encroached into the 100 foot buffer and I'd like to review those nine with you, and can you confirm.

B

What I'm about to tell you sure? Okay, the first one is a four car garage. That's 1475 square feet.

B

The second would be the parking area which is about 2 000 square feet.

B

The third would be a shed that's 384 square feet. The fourth would be a 900 square foot playground.

B

The fifth would be the 660 foot square foot cottage that exists today. Well, that's okay, yeah.

B

The seventh would be about an 800 square foot, spa.

B

The eighth would be uh 35 by 60 foot, barn and that exists today as well all right and lastly,.

B

Would be the new home which is about 6227 feet, correct? Okay, so, um were you ever asked to look.

B

At these encroachments individually, using the six criteria, no, we did it collectively.

H

Primarily because, wherever there's a new building going in that buffer, it's in a lawn area, it's in a.

H

Grassed area, where there's lawn today, so it's previously developed upland soils, there's no.

H

Vegetation removal proposed by these buildings, so we looked at this from a standpoint of all.

H

Right there is there's structures, there's there's more structures on the island today.

H

Than what will be their post-construction and we've already removed three that were there a.

H

Few years ago, so we've gone from, we have current, we'll have one two three, four five, six structures.

H

Where we started with ten, so we've made quite a net reduction in structural coverage. Okay,.

H

Yes, um I know you guys, I appreciate all of the hard work you've put into the invasive species.

K

And trying to clean up especially the forest area and wanting to maintain that moving forward and.

K

Your plans are all great and I guess the long-term concern of mine would be um if this property was.

K

Be sold the next owner might not take that kind of care, so would you be open to and I'm creatively.

K

Thinking outside the box here, um some sort of you know self-imposed restriction based off of.

K

The forest land maintaining its you know where you're working to get it towards yeah. So what I.

H

Mean ryan prepared that land management plan ryan, if you could address that question strictly in how.

H

Is this so if I understand it correctly, we've got a land management plan for today right, but.

H

What about 10 years from now 20 years, from now down the road? Yes, okay? How do we make it stick.

Q

Well, I guess to address the management of the invasive species, um we're planning to have them.

N

Removed in a three-year period, at which case we would come back to re-evaluate the land.

C

Management plan, if it's been successful, there will be monitoring reports throughout that three-year.

C

Period to determine, if it's been successful, does there need to be another three-year extension in.

N

Order to continue management of the species, so what if this property was, we always have.

K

To think it's not just always the owner that has it now, because it could get sold to someone else.

K

So what legally would require a future owner to maintain that kind of care.

K

Can we put you know, I'm an attorney, so I'm going to think: where is the legal ability for us to put.

K

Some sort of you know if it's a condo association, we can put it into the condominium docks.

K

Right good question: first of all, I I believe that the adl trust is an irrevocable trust, so it can't.

H

I don't think it can be sold, it can. Okay, you know more about that than I do the.

K

Trust can't be removed, but the property the assets can most likely be removed in place.

H

Yeah, I'm sorry um I misunderstood that, um so I don't I'm. The landowners wouldn't be opposed.

H

I mean you raise a really good point yeah. This is all great now, but what about 20 years and and I'm.

H

Going to speak for the landowners, I think there'd be no opposition to a um a report from prater on a.

H

You know, and I'm happy to leave this as something that you know the legal and.

K

Planning department can work with you on, but I'm just looking for a long-term sort of guarantee.

K

That this property is going to be maintained and at the standard that they're trying to get it to.

H

So, several several years ago, um actually I'm going way back 10 years ago I for the previous owner.

H

Did a subdivision plan for this island now that plan is no longer valid, it's been removed, but.

H

One of the conditions the planning board put on at that time was monitoring of the bridge. Every.

H

Five years, and that seemed like a good plan and it's a good thing- we did because we just.

H

Learned a couple months ago that hey guys, you know you can shore this up for construction, but.

H

This bridge ain't going to hold up much longer. It needs to be replaced. So I guess my point is I.

H

Think that might be a good place to start and we'd have no opposition to uh perhaps a five-year every.

H

Five-Year a um a report issued on the the status of the invasive man of the yeah management of the.

K

Invasive species yeah yeah, okay yeah- that works. I like that idea, because the stipulation of you.

E

Right: okay, right, we can make it a report back every five years, yeah any any other questions.

K

If I can ask a question in the condition of the conditional use permit for wetlands, that, regardless of taking a building off.

Q

That anything that's new that's put down has to meet.

O

That criteria for the wetlands buffer, I was about to ask that question.

B

And I'm not sure if some of the new buildings that we walk through are meeting that yeah. I'm not.

H

So in the ordinance, I'm not aware of anywhere where it says you cannot have a structure within.

H

That wetland buffer, it says you can provided you get a conditional use permit from this board.

A

Well, it's, I think, there's a different. I I think.

A

The ordinance is a bad fit for what you want to do and I applaud what you're trying to do and all the work you've done. I think it's it's a terrific project.

A

Given the constraints of the island, you know if this was a.

A

A setback issue you could go to the board of adjustment and probably find relief, because.

A

Of the geometry of the property, but for the house, for example, the ordinance does say to.

A

A 25 expansion limit on a home in the buffer and obviously you're way over that again, I support.

A

This application, but I'm trying I want you to help me get through that sure I think so because well.

H

It's it's in the zoning ordinance right right, section, 10 of the zoning ordinance I I can. If.

A

You want, I can tell you where it is yeah. No, that's! Okay! It's somewhere around 10.

H

10 17 in that section, and I don't have the exact language in front of me-.

H

But I've, just you know, read through it many times and was not aware. Nothing stuck out. That said,.

H

You couldn't do that without this conditional use permit. Otherwise this was the mechanism.

H

For expanding that footprint, I wasn't aware where it said you could not expand it by more than.

H

50, I think, is the number you threw out. I think it's 25 but yeah it's it's 25., but 25.

A

But a single-family home is a permitted use.

A

Unlike certain other uses that aren't permitted in this in the buffer.

H

So the only thing I would add is we, you know we, uh there was a again it was. It was five years.

H

Ago there was more than a 25 when the permit was issued back in 2017-18. uh It's been thoroughly.

H

Reviewed by planning staff conservation, commission technical advisory committee, um there was no.

H

Indication that a variance was necessary for that part of it. So I of the opinion that it's.

H

Not required, but again I know the language in front of me. I do, but I don't necessarily.

A

Want to get into that too deeply the garage. Let's just look at the garage.

A

Is there a reason and I'm sure it's related to the topography and just.

A

How the buildings will relate to each other, why it didn't shift just outside the buffer.

H

Oh brought down to the south, yes yeah it I mean, there's, there's probably four.

H

Or five locations where the garage could go, um we chose an area where it was open.

H

Not vegetated where it was lawn today there is not shown on this plan, but we did locate.

H

All of the um the major trees on that island and I suspect that between the lawn area and if we.

H

Moved it south there's a lot of large spruce trees out there that line the existing driveway today.

H

And I suspect, but don't know for a fact that if we moved it south that would.

H

Require the removal of some of those trees. That's that's right! um If, if we were to.

P

Shift the garage closer uh outside of the buffer. We, we actually deliberately placed it here, so it.

P

Could sink into the topography and be embedded into the landform in the rear portion of it? And.

P

Also, to preserve several spruce trees and a gorgeous established and mature sugar maple.

P

Tree that is really an anchor in the center of the island. I figured there was a reason.

A

Corey, you ran through a bunch of numbers, especially including the before and after.

A

Impervious and those sorts of things are those, were you referring to a specific sheet.

A

For those or those just been your own calculations, those are just my own calculations, because it's a.

H

Conditional use permit, we don't necessarily need to provide on the drawing what's going on.

H

Outside the buffer, but I thought that was important to note that there is a it's over 33.

H

33 000 square foot reduction in pervious area on this site and granted a lot of that is outside.

H

Of the buffer, but it still has an effect on the the resource. Of course, I took note of it.

A

Any other questions of the applicant.

A

Are we ready for a public hearing on this.

A

Okay, I'll open the public hearing anybody here to speak to for or against this application, give your.

A

Name and address for the record. You have three minutes this first round. Thank you. uh Lisa oakes,.

G

um 315 little have a road. um You put that first picture back up the original picture of the island.

A

She's working on it, I think, okay, thank you. um I just had some questions for anthony's team. First.

G

I wanted to say my condolences on peter. He was a good friend of ours and we worked with him a lot.

G

On a good note, I want to also say that this seawall looks great.

G

He did a beautiful job on it, so um I do have some concerns. I brought up.

G

The bridge, of course, at the tap meeting and I'm pleased to hear that it is going to be redone.

G

My question is: are you going to put something back? That's aesthetically, pleasing like the one, because.

G

That one supposedly came from niagara falls. You need to speak in your microphone. Sorry and usually.

K

I'm trying to speak to both of you, I'm sorry what you need to do redress your questions to us. Okay,.

A

And then they can answer them. So I guess I want to know what they're going to put for a bridge and.

G

If they're going to replace the footings coming to the bridge, because that's how.

G

The bridge is, it, sits like this and it sits on footings and those are all deteriorating. Also.

G

So that that I would like to know.

G

How they're going to do that with you know if it's going to look nice also, the the sewer and the gas.

G

Are they going to run it under the bridge or are they going to go through the mud flats? For that.

A

We'll get an answer that in a minute, okay, I got all kinds of them um also.

G

Where the carriage house is so they're planning to knock that down.

G

Where exactly are you putting the garages? Are they going in the center? Because it's like.

G

An a loop that goes around that island, or are they putting it where that carriage house was.

G

um And what they call the horse farm, which was originally a horse barn and then was converted.

G

To a school uh they're putting decks on it, is it going to be used as a horse, barn or.

G

Is it going to be used because, like the way it is, you could use it like a guest house.

G

So I was just curious why you would put two decks on a horse barn.

G

um And um we couldn't see the thing here to know where they're taking the trees down.

G

G

And my other concern is when they come out to little have road.

G

You can okay, he'll, be quick and they're gonna go up with the sewer that road just got paved.

G

Are they gonna cut it and just patch it or are they going to repave it.

A

Okay, thank you. Thank you. You get another opportunity if you okay, thank you. Is there.

A

Anybody else here would like to speak 2-4 against this application for first round anybody on zoom.

A

Anybody like to speak for second round.

A

And if the applicant wants to address any of those questions, I'll leave that to you guys.

H

Thank you, mr chairman. uh First question was the bridge back with what we agree. The bridge is ugly.

H

It's steel. It's rusted! It's concrete! Abutments! It's going to be replaced with a timber bridge.

H

Much more aesthetically pleasing we're working with a timber bridge designer now.

H

And the idea is for the timber bridge to be constructed at their location and then.

H

Eventually, brought up would be trucked up and put in place in two or three different spans.

H

Just want to note that is the last part of the project. There's three years of construction to.

H

Take place on the island first, the bridge would be the last piece the carriage house to be removed is.

H

Going to be replaced with landscaping and or some clover metal area, the horse, barn.

H

Cannot be used as a guest house, it's going to primarily be used for storage. However, there will.

H

Be a an office inside there, as well as a kitchen, the the reason we can't use it as a guest house.

H

Is when we got from this board a conditional use permit for the detached accessory dwelling unit.

H

We were required to indeed record an affidavit at the registry that no future units could.

H

Exist on this property, just those two, the main house and the detached accessory dwelling unit.

H

uh The sewer coming up a little harbor road. We are aware that the road was just paved and.

H

Attack in dpw is requiring us to repave that road and we agreed to that.

A

Thank you thank.

H

The you was if the sewer was going to be under the bridge or in the mud and yes, we're insulating.

H

It and it would be under the bridge, however, it won't be visible, it'll be hidden up underneath.

A

Thank you any other second time. Speakers.

A

Third time speakers.

A

Nobody on zoom, still, okay, I'm gonna close about pairing. What's the board's reference.

K

I guess I will go ahead and make a motion to find that the application satisfies.

K

The criteria set forth in section 10.10 1750 of the zoning ordinance.

K

C

Yeah speak to it. um I remember I was probably the only person that was here five years ago when this.

K

Got the approvals the last time- and I remember a lot of discussion around the fact that this.

K

Is just a very unique property, so you really have to look at it as not being the same as every other.

K

Property that we look at and giving it some very unique status allows us to use the flexibility of.

K

Our innovative land use and be able to you know it and all in all, they're actually really improving.

K

The island they're improving uh the water flow of the seawall. I was looking at the pictures.

K

So I think the improvements are going to be a positive, because I think this.

K

Island's been allowed to sort of get run down for quite a period of time, so.

K

I'm pleased with the improvements and I think it's a good project. Thank you.

B

Thank you. Yes, I will not be supporting emotion. I agree. There's a lot of good things happening.

B

Out here I know, there's been a lot of work and maybe it's I haven't been on the board long enough.

B

To appreciate those efforts, but uh I'm really not convinced that this development minimizes.

B

Impact to the shoreline buffer- and I really would have liked to have seen each individual building.

B

Evaluated that way, so in my mind, I'm not convinced this is the least impact to the wetlands buffer.

A

A

Call the motion: there's no other comments. We have a motion to.

A

Approve all those in favor, aye, aye, aye closed all right.

D

We have a roll call, please.

A

Would you do a roll call, please.

E

um I need help with all the names because I can't see them and I haven't been here long enough so.

A

Say your name and say your vote, mr harris. uh Yes,.

K

Yeah, this is a vote, a roll call for approval here, no absolutely.

O

C

Sorry, I'm just going to go this way and then come back.

K

I don't know all the names either, but I'm going to figure it out. Mr mahana, yes,.

K

Oh, I really don't know they diorienzo, yes, just a deer line. So yes.

K

uh Mr hewitt, uh no.

K

uh Mr president, yes.

K

uh City manager, canard, yes,.

K

Chair, gentlemen, yes, oh and me councilman, I mean yes, we have one two, three, four, five, six yeses.

K

Two notes motion carries six to two okay and I'll. Keep talking um I'll make the motion to.

K

Vote to grant the wetland conditional use permit as presented with a stipulation that a five-year.

K

Regarding the invasive species, each five years gets reported back to the planning department.

K

So we can ensure its continued maintenance, and do you want a roll call vote on this? One too.

K

I'll second, it thank you were you, including the um criteria in the memo? Oh.

K

Sorry I was including my own criteria. Yeah, am I not in the right place.

B

There's supposed to be a three-year review, I thought as well for your review of what I.

R

Believe that when he spoke management plan that there was going to be they're, going to do a three.

K

Year, three years until they get it stabilized, I'm saying long term that we want to make sure.

K

Each five years, they're reporting back to the staff, I'm sorry to ensure that it moves forward.

K

That I did say that yes, you're good, I'm looking ahead. I'm sorry the reason I'm saying that is.

O

It probably makes sense to include the first three year at least anyways in the.

K

I I I yeah as long as within five years. We have a report back, I'm fine with that. I don't.

N

Know I think, to simplify. um You could perhaps just say that the what is listed.

C

In the land management plan, as requirements uh should be followed all right that they'll.

K

Report back each review. Okay, I will change my stipulation in my vote uh motion to vote.

K

That there will be a report back to the planning board at each review.

K

As per the land management plan, someone write that down. While I was talking, I'm doing it.

K

For each each review provided in the land management plan yeah, there will.

K

Be a report provided to the city to the planning department. The second would agree.

K

Thank you all right, mr harris. Oh wait. Do we have discussion, I'm all ready to do my job.

K

Yes, the applicant mentioned there was a. There was a previous approval. um I think, by this board that.

B

Recommended a five-year review of the status of the bridge is that part of an unusual another.

B

I think it's already still stands. Does that still apply or because that development didn't happen.

R

Now they have a new bridge or they're going to be putting a new bridge in I would I would I would I.

K

Guess I understand the bridge be looked at, I I guess I understood what they told us is that's.

K

How they found that it needed to be replaced? They realized that stipulation. Was there going further.

O

Going to add to that I'd be fine. Just making sure that there's a five-year report on the.

K

Status of the bridge construction, I uh safety bridge safety safety. Thank you. Thank you. I.

G

Needed a word, I know the state, does it for their bridges and we do it for ours. But I don't know.

B

A private bridge they'd have to hire somebody to do that work and report to the uh yeah. I guess the.

B

Plane, department nope, I I would be perfectly fine with adding that how about the second okay about.

A

It again, no I'm asking if the second agrees with adding that didn't wasn't looking for a second.

K

Sorry all right, there's an amendment to the prior motion, so yeah anything else. Any other discussion.

A

Do we need a roll call on this one if you.

A

Prefer do you want it just didn't. It was confusing last time if it's not confusing.

C

This time we don't need one, I'm happy to do it, I'm already starting to write names.

K

Okay, let's try it all those in favor say I I I all those opposed, nay seven to one motion carries.

A

We have a request by uh sherilyn: mcdermott is the owner for prop. I can tell you property.

A

Located at 1054 banfield road requesting a wetland conditional use permit under 10.1017 of the zoning.

A

Ordinance to increase the amount of building in the buffer by 270 square feet for a breezeway and.

A

72 square feet for the garage, a total built total building in size increase of 342 square feet. This.

A

Property is located in accessor map, 283 lot 38 and lies in the single family residence. A district.

A

Who is here to speak to this application this evening.

Q

Hi everybody, my name is mark white, I'm the general.

Q

Contractor for sheri mcdermott she's, the owner of the property.

Q

Be it with me, I'm a little very nervous public speaker but um yeah. Thank you for that.

Q

um So sherry mcdermott, the owner of 1054 banfield road, is asking for a.

Q

Conditional use permit in order to increase the size of her existing breezeway and garage.

Q

Both breezeway and garage fall within 100 feet, wetland buffer zone. Excuse me.

Q

The existing breezeway is currently 15 feet wide by 10 foot 6 front to back. There is an.

Q

Existing front and rear deck on the breezeway, which we would like to demo.

Q

And use that space to increase the size of the breezeway to 15 foot by 28 foot, six.

Q

This would make the breezeway the same width front to back as the main house of 28 foot. Six.

Q

The current one bay garage is 18 foot feet by 28 foot. Six, sherry hopes to increase the size.

Q

Of the garage by adding one bay, which would make it 28 feet wide by 32 feet deep. The new.

Q

Proposed addition to the garage would utilize an existing asphalt area on the side of the garage.

Q

And would remain 55 feet from the wetlands of this 55 feet. Approximately 26 feet is existing lawn.

Q

The remaining 29 feet, or so is an existing natural area of trees and plants. There is.

Q

However, a small section of mold grass area closer to the banfield road with a limited vegetated.

Q

Buffer between the driveway and a small work, which comes from a small culvert from under banfield.

Q

Road as part of as part of our proposal, we would transform this area back to a more natural state.

Q

Planting high bush blueberries four to five feet apart and no longer mowing this area.

Q

We also proposed to install gutters on the new additions.

Q

In feeding them underground to a dug, well, a dug drywell located in the low.

Q

Section of the lawn behind the garage, the dug drywall would be eight by eight.

Q

Eight feet by eight feet by four feet: deep, fully lined with landscape fabric. It will consist of.

Q

Eight yards of two inch clean stone cap with fabric with six inches of seated loom on top.

Q

This would give us approximately a thousand gallon holding capacity, which would then disperse into.

Q

The ground and therefore reducing the water runoff burden to the buffer in wetlands. In conclusion,.

Q

Sherry feels this project can achieve two beneficial goals for the city of portsmouth.

Q

It can enhance the looks of the neighborhood without losing its original charm. Secondly, it will.

Q

It will lessen its impact on the buffer zone and wetlands um any questions.

A

Any questions of the applicant- yes jim, um I see on the plan you have blueberry bushes,.

B

Offered to be planted and it appears it's off your property. Is that true? No? No! It is not no.

Q

The line of blueberries would be on up on her property. Okay, all right, so do you know.

B

Who owns that next to you is that I think this town, I think it's town, city, property, yep, okay,.

A

It the plan does show the blueberry bushes on the other side of the property line.

Q

The blu-ray bush is out by the banfield road is that where you are.

Q

Yes, that's the previous owners mode that area, so it became part of their lawn. Basically, so we're.

Q

Proposing to stop mowing it and add it add the blueberry bushes for a buffer zone. Okay,.

Q

I just want to make it. It is not on uh the city of portsmouth land.

B

Just that's fine. I just want to make sure it was yeah you're, correct. Okay about the other one.

A

Did you are the wetlands just based on the gis map from the city? Yes, yep, any other questions.

A

I guess there's no other questions. Okay, thank you.

Q

Thank you for your time. um This is a public hearing, correct.

A

Yes, I will open the public hearing. Is anybody here to speak to for or against this application.

A

Anybody on zoom second round speakers, third round speakers, I'm going to close the public hearing.

A

With the pleasure of the board, I guess I'm going to make a motion to vote to find that the.

K

Application satisfies the criteria set forth in section 10.1017.50. The zoning ordinance.

K

This is an extremely minimal change and they're actually doing.

K

Quite a bit to improve the property and the surrounding wetlands, so I'm I'm in favor of it.

A

Okay, I think we're ready for motion remember to vote rather all those in favor aye, aye aye opposed.

A

Motion carries unanimously. I make a motion that we vote to grant the wetland conditional use permit.

K

With the following stipulations, the applicant will add new plantings along the fence closest.

K

To the wetland, in addition to those shown at the front of the property, the applicant will.

K

Install appropriate erosion control measures during construction. The applicant will follow.

K

Nofa standards for lawn care in the wetland buffer and the applicant will provide a planting plan.

K

Showing the spacing type and location of the new plantings for review by staff and the applicant.

K

Will show the location of the dry well on the plans for review by staff. We have a second second.

A

I think the drywall is on there, it is yeah, I maybe they want. I don't know, maybe it wasn't.

K

There, when that stipulation was originally put in, I speak to that sure. Can I speak to that.

K

Technically, once we close the public hearing, we're not supposed to allow anyone else to speak.

A

It's there's no harm. I mean it's right exactly um yes right. If you can ask for a detail for that.

B

You want to do it's just showing on the plan, but if you want to detail how it's going to.

B

Be constructed be constructed, there is no details as to how it's going to be constructed. That's.

A

Probably not the location but the detail of it. That's probably what that should be changed to be.

K

There you go anything else, good. All those in favor, aye, opposed motion carries unanimously.

A

Thank you. Thank you. Thank you.

A

Does anybody need a break? I wouldn't mind one.

K

Might take a ten minute break, I wouldn't turn it down. I know I'm not turning it down right now,.

B

So right that crossed my mind.

A

Everybody, uh I think, we're ready to go circle. Clockwise.

A

Have a public hearing request of one market square llc as owner for property at one congress street.

K

You're, forgetting all right, we skipped one I jumped over.

A

One you jumped over, I jumped over one, I'm sorry.

A

You're gonna scare some people out there, sorry folks, let's go to the request of.

A

Charles duda's owner for property of 32 months street, requesting official use permanent or.

A

Section 10814 of the zoning ordinance the construction of the tax accessory dwelling.

A

Unit totaling 576 square feet in gross floor area properties located at cesar map, 143 lot, 22.

A

In the general residence, a district who is here to speak to this application.

M

Good evening board, my name is chuck dudes, my wife and I are homeowners at 32 months.

M

Heath street, where we live there with our our three young daughters. This project may look.

M

Familiar to some of you, I guess going back starting starting at the beginning. We applied.

M

For a wetlands conditional use permit in may of 2020 to do improvements on our house. Our primary.

M

Dwelling unit, which was included tearing down the old garage tearing down removing the driveway and.

M

Adding a two-story addition to the primary dwelling unit and then adding a new garage.

M

Away from the wetlands and removing the existing shed, so this this is um what we're proposing to.

M

Do with the adu is to build this. The adu on the second story of the of the proposed.

M

Garage the um the site plan from the wetlands conditional use permit that was approved in.

M

In 2020 and then an extension was granted in 2021, so we're still that's still active.

M

The only uh change since the wetlands conditions, permanent in terms of the the site plan, is that.

M

Due to the well in talking with site contractors, as we've started, the project with the addition on.

M

The left-hand side of the building um they pointed out that the gas meter on the side of the house.

M

Was going to require bollards to protect it from vehicular traffic so that that prompted us to to.

M

Go to the zba um to to ask for an additional um two feet of garage um towards the side. Setback.

M

And um you know that was that was granted on tuesday night, um but that that gas meter location.

M

And needing to protect, it really drove the the request to get to change the footprint of the.

M

Of the building from what was um was asked for in the wetlands conditional use permit, so um that was.

M

Just just to access the garage with the cars we were, I was concerned that you know that that was.

M

Going to be difficult on the the left-hand side of that two-car garage with the bollards um right.

M

There so that was the that was the driving force behind the the request for the the extra two feet.

M

um uh Other than that, um the you know, the adu for for our family is really being driven by.

M

Economics um living and trying to trying to you know it's a pretty significant construction.

M

Project and I'm um I'm I'm in the we're in the middle of building building the the second story.

M

The two-story edition on the left-hand side and construction costs are it's it's expensive to.

M

Build so that's that's part of it is just thinking about um trying to you know, provide uh you know.

M

Provide housing and provide, uh you know a means to to build the garage. To be honest, um so that's.

M

That's um what's driving it. I believe, um as I laid out that that um we we do meet.

M

All the criteria for the attached adu, the attached adu will be less than 750 square feet, proposing.

M

576 square feet: it's going to be one bedroom. It is going to be accessed through a connector or.

M

Breezeway, that's between the the primary dwelling unit and the garage um it was. You know originally.

M

We were proposing just to come out of the garage and come up a couple steps to a landing into the.

M

House and then we're gonna just put another set of stairs and go up to the second story of the.

M

Second, floor of the garage to access the adu, so that'll all be enclosed within that breezeway.

M

You know the adu is set back, you know with the garage set back from the the property line. um We.

M

Believe that the the aesthetics of the adu match the existing house uh match the the the two-story.

M

Addition that we're putting putting on um so um in our opinion, it's um it's. It's a building that.

M

And it doesn't fit with the character of the neighborhood and fits with with our house.

M

The adu is going to be owned by us as the my wife and I, as the owners of the principal dwelling unit,.

M

And we're going to continue to occupy the house, and you know not use this for business.

M

And you know the driveway will be large enough for four cars to park.

M

Plus two cars in the garage, so um we you know we're fully expecting that any um anyone any.

M

Occupant of the edu would be parking on. You know in the driveway, possibly in the garage itself.

M

We've talked to our um a butter to the right, and he has. um He has no issues with what we're.

M

Proposing, I think, he's probably his biggest concern, I imagine, would be just making sure.

M

That there aren't cars on the street, which is you know our car concern as well. So certainly.

M

Would be expecting any um tenants to be, you know to be parking in the driveway and.

M

You know we'll, you know we with young children and, and um you know being in the neighborhood. You know.

M

We're certainly going to be conscious of any uh noise, and anything like that. So you know we're.

M

Going to be we're going to be managing our our tenant, um probably more closely than anyone else.

M

Just given that we, you know, we we're gonna live, you know we live right there right next to them. So.

M

um So anyway, as I said, I believe that we, you know, are meeting all the criteria for the attached adu.

M

And I request that we be granted this control use, permit.

M

Any questions, thank you. Any questions for the applicant.

A

Question uh it's mr dudas correct. Yes, um you went through the zba this week. Yes, I.

B

Did and what were the results there? uh It was granted yeah. So you you got a grant a lot line.

M

Side setback side set back of yeah of eight feet where ten feet is required. Okay and um probably.

B

Aware of portsmouth's focus on housing and edus are hopefully going to be a part of that solution.

B

This is one bedroom just under 600 square feet. Would you think that a rent of 2500 to 3 000.

B

Is going to be reasonable here or is that what I I think, that's that's! That's certainly more.

M

Than we would expect, okay, so maybe two to 2500 or something yeah. I mean, I think, we're you know we're.

M

Gonna, yes, I think something in that range. I don't know we've. We don't want to get too far ahead of.

M

Ourselves in terms of yeah, but I'm just trying to get a feel for for what that rent would look like.

C

Yeah and adus and them being associated with affordable housing. Let me say so: I'm just trying.

B

To get a, I think for in in our mind you know the the right you know having the right tenant.

M

Is going to be, um you know as as important as the the what we get in rental yeah? I don't mean.

B

A prize as far as your financial business, but I just it's important for us to know about what.

B

These are going to go rent for certainly yeah any other questions for the applicant.

A

I guess we have a public hearing. Thank you. Thank.

A

You, I hope, the public hearings anybody here to speak too, for against this application.

A

Anybody on zoom second round speakers, third round speakers, I'm going to call them all quickly and.

A

Close the public hearing, it's pleasure, of the board question for the chair sure he has.

C

A current conditional use permit, it's not yet expired. Correct he's made two changes.

B

In adu and moved the building two feet or move the garage two feet closer to the setback which.

C

Jim just talked about, so what are we going to be motioning? What are we changing is and.

C

Plus, there's no recommendation from staff foot to verbiage, so we want to do it once.

A

I believe uh there is a recommendation from staff. I was just scrolling, I didn't see it.

C

Okay, sorry, and that this is this is the one I was mentioning earlier that I wanted to switch.

A

To make the findings first, that this application satisfies the criteria and then.

A

If the, if that's the board's pleasure, then to vote on the granting it, but it I guess it is.

A

A little bit of a technical question: where he's got a it's a he's, changed the application right.

E

So from what from what I understand, there is, I guess, and a new conditional use permit before the.

E

Board this evening, which would be the standing conditional use permit, that would be binding.

E

On the applicant, I would say that he would this what you have before you and you decide tonight.

E

Would be the uh what would be binding on the applicant, the other conditional use permit? I.

E

Want to say this would supplant, then maybe we can make that a stipulation that this is the.

E

uh This supersedes the previous uh one, but I um that would be my recommendation.

K

Yes, our other conditional use permit was to do work in the wetland buffer. This is for an edu. They.

K

Don't have a condition you sprint for an adu to the best of my knowledge, this was an addition to.

K

The project as a whole, so the original project was the addition and moving the garage and they got.

K

A conditional use permit to work in the wetland buffer in order to because they actually took the.

K

Garage out of the buffer and then put the addition up closer to the road, this is a conditional use.

K

Permit to add an adu as part of that garage, that's already been approved to be built. I apologize. I.

K

Misunderstood yeah, I I just want to make sure yeah. I thought that was my understanding again. Sorry.

C

C

I agree with you on the adu, but the garage is now two feet closer to the wetlands that were.

K

No it's on the other side, okay, it's farther away. It's on the other side. On the other side,.

C

The addition was the weapon: it's a setback to the property line, that's an issue with moving it. Yeah.

K

It had nothing to do with the uh wetland use got it. Thank you for.

K

That clarification and if I could clarify my comment, then it was the criteria's 10 8 14 60.

A

That I thought we needed to agree that this application satisfies first and then consider the.

A

Granting of the condition the industrial unit, the modification yeah, would you like to.

K

Go ahead and start with that, any other. We are we good with that. I think we need a motion so.

K

Okay, I will make a motion that we vote to find the application meets requirements set forth in.

K

Section 10.814.60 of the zoning ordinance and grant the conditioning use permit as presented.

A

You want to say anything else in support of that I've watched this project from the beginning. I I.

K

Liked it the first time I loved how they were pulling things out of the buffer, and um I get.

K

Constructions, expensive, everything's, expensive, so to pay for this long term. You know- and I have.

K

To say, I really love how they match the windows on the addition to over the garage. That's so adorable.

K

Yeah, that's about all. I have to say adorable. It is it's adorable.

A

All those in favor, aye opposed motion carries unanimously I'd, make a motion.

K

To be vote to grant a modification to the requirements set forth in section.

K

10.814 to allow for an expansion that includes 576, 776 square foot addition.

K

And this seems perfectly reasonable in my respect, it's really just making the garage.

K

Taller, which now actually it's still lower than the addition it's way lower than the house.

K

It's set back from the front of the house as well, so I think it's very fitting and appropriate.

K

To create some, hopefully affordable, housing, woohoo.

A

I think we're ready for a vote. All those in favor, aye, aye, aye, opposed motion carries unanimously.

A

Now I got ahead of myself: now is a request of one market square llc owner for property.

A

Located at one congress, street requesting design review approval to partially demolish existing.

A

Buildings construct a new three-story structure with a short fourth story.

A

Said property is shown in assessment map 117 lot, 14 the leisman character, district 4.

A

Characteristic, 5 and historic districts who is here to speak to this application.

R

Thank you, mr chairman, members of the planning board, john schagen from.

R

Emmett engineering representing one market llc, the team here tonight is mark mcnabb.

R

uh The architect was supposed to be here, I don't know if she's going to be all.

R

Along but terence parker from uh terra firma architecture, fx bruton,.

R

And marie brody from mcnabb properties, so we're here for a design review, public hearing.

R

R

Project team is on the cover sheet. The next.

R

Sheet shows the standard boundary survey. Then we have existing conditions plan.

R

Demolition plan is next, so there's going to be some demolition of some structures that.

R

Currently exist that were added on over time in the back to replace other structures that.

R

Were removed or burned down, there's a three story with short fourth proposed for the back, where the.

R

Where this area on the top is currently after the removal of the building and the parking.

R

Area that parking area will be lowered down to below grade and accessed by a car elevator.

R

The next sheet is the overall site plan and the intent here with the proposed building, which you.

R

See on the northwest side of the structures that face on congress street is to meet the zoning.

R

Requirements as much as possible, the project is in.

R

Both the cd4 and cd5 zones, the zone line that runs through the middle of the lot. There were.

R

Two lots that were combined to create a 16 106 square foot development parcel. So the idea is to.

R

Add to the congress street the buildings up to haven, court and the property is.

R

That's the right one yeah, I think so there we go high street abuts on the north on the east.

R

Side haven court on the northwest building will occupy that space there'll be a 10-foot alley.

R

Between the back of the proposed building and the newbury's building, which.

R

Extends back from congress street out to haven court and a part of what we talked about at the.

R

Last meeting we did do a concept meeting with the board a month ago, and we talked about this.

R

Exciting opportunity to energize these streetscapes, we looked at what we might.

R

Do to high street lowering the grades, limiting the curb doing things like that, taking haven, court and.

R

Turning it into a more pedestrian friendly alley and bringing that all the way out to fleet street.

R

At this point in time, the um and at that concept meeting one of the things that we heard was that.

R

The garage connector that we had shown across haven court was something that we've we heard.

R

And we eliminated from the proposal, so it does not include that connector. It's not a part of.

R

What's being proposed in this plan going forward, the developer is pursuing specific uses, so there.

R

Looks like at this point we're going to have restaurant on the first floor in its entirety.

R

And then in the floors above office, retail, possibly a boutique hotel.

R

So those uses are all on the table and being looked at by the developer at this time.

R

We're here to get public input, I don't know if anybody else from the team wants.

R

To say anything at this time, but we thank you for um you're helping us with this tonight.

R

I guess terence parker would like to say a few words.

N

Hi there, terence parker of uh terra, firma, landscape architecture. Is it.

N

Possible to switch to that aerial photo. Do you know what page that is john.

N

Yeah the upper left-hand corner there, so, basically, my work is to animate the haven court um behind.

N

The proposed building and its connection down to lad street. But if you see in your uh your brochure.

N

There that there's a an aerial photograph that shows you what an important linkage.

N

uh Haven court is to the pedestrian corridor that could go from all the way from the worth lot.

N

Across fleet starting at um gillies, and going up that steep slope behind the newberry building.

N

Into haven, court across high street lad street across uh market into commercial alley and then.

N

Over to the mcintyre building, so it could be quite a quite a beautiful pedestrian corridor.

N

And we we're actually working with the city to advance that idea, so my work is really to.

N

Animate the space behind the proposed building and part of that starts at fleet street, with.

N

Picking up the themes that you'll see later when tracy gets here about the you know, the 1980s.

N

Iron and glass theme, so you can see and in the idea sheet pages are shown, go up forward again.

N

Just click through these until you see the bright colored sheets.

N

And I'll, stop you at that point right there! Okay! So there's it's about a 14-foot grade.

N

From fleet to the back of newberry, so that's a significant uh slope, so part of my work is.

N

To figure out the pacing, so that's a really beautiful pacing going up there with stairs.

N

And so I'm picking up on the theme of um of the stretching out a uh the labyrinth. That was.

N

Started in the greeks to trap monsters, then it evolved into um you know: pilgrimage themes and.

N

Therapy themes and mindfulness, so I'm trying to I will design a pattern on the ground plane between.

N

High street and fleet that makes it animate your foot movements, so it could be really playful. So.

N

It can it's really an animating thing from the back of that space from high street down to fleet.

N

And that whole corridor will be filled with uh catenary lights and other other lighting elements.

N

That pick up on the work that tracy's doing uh in the building, uh but that you can see in the image.

N

Down to fleet street that there's a possibility of iron- and you know glass prisms, that would you know.

N

Signal the the entry into some special space, that is the linkage. So then you go up the stairs.

N

And there's you can see the idea that some of the ideas in these pictures below picking.

N

Up on the uh the work that we did on chestnut street with the curbless street and the sculpted.

N

um Sitting sitting stones that would animate the space and give people a place to have a respite.

N

And there'd be an amphitheater, maybe at the top of where gillies is looking. You know out into the.

N

Western sky there uh and then there could be other prism elements that could be located to.

N

Illuminate the space and the catenary lights, you see in that upper right hand, image.

N

So we're really trying to make that space really lively pedestrian area that picks up.

N

On some of the themes that tracy is establishing in the building and you'll see that soon enough.

N

So mark, do you want to say anything at this point.

N

Anybody else sure yep, okay, thank you very much. Thank you.

R

Yeah, I guess if we could go back a few sheets.

R

To keep going, oh, go back, uh yeah right there, perfect entry, so we have here tracy you're up.

R

The beautiful building and I'll, let tracy take it from here.

I

Sorry about that, yes! So um where exactly are we at yeah.

I

We have three stories and a short fourth commercial on the ground floor, retail restaurant.

I

Offices above and we are looking to transition, the idea of the old.

I

Edwardian architecture of the corner of one congress street to transition it back.

I

To the more contemporary architecture of the or scale of the garage and the architecture behind it.

I

We're playing off of the materials that we find on the front on congress street and sorry. I'm.

I

Out of breath, I ran over here and playing on the idea of the forms and the glazing and the.

I

Fire escapes and the different details we have in the terracotta um on the original buildings.

I

Are any questions I'm happy to answer this.

A

The board have any questions for the applicants your applicant and their representatives.

A

Question about haven court is that a city street uh that question has been under discussion.

I

I can let fx speak to that.

C

Good evening fx, breuton, brutan and baraby, um I think, attorney sullivan- is still here.

C

We're just discussing that issue in terms of how it relates to the project. um I don't.

C

Think there's been any uh final resolution, I mean our research suggests that it's not.

C

And I think the city is just looking to see if that is or isn't the case and we're working with.

C

Them so we haven't come to that conclusion. I don't think the city has, but we're working with that and.

C

As this progress project progresses will, certainly, I think, get to a point where we understand at.

C

Least, you know whether it is or it isn't. So, how are you going to use it if it's not yours.

C

Well, we think it's a public excuse me a private way um and there's a lot of research behind that.

C

um And what we would like to do, if, whether it's public or private, is again work with the city.

C

With respect to the kind of improvements that they might like to see as well.

I

About all the dumpsters that are back there now yeah, and so what we've done is we've worked.

C

With the butter where those are the dumpsters for the butter.

C

And we've had a good discussion with them about how we could address that and and potentially.

C

Deal with that we're working on those solutions, but that would be one of our concerns as well.

C

And we actually have that discussion with them, but we haven't really advanced that.

C

uh In great detail, so once we do get to that point, we're going to start talking about that.

C

But that's one of those topics and is that where the entrance to the car elevator is going to be.

C

No, that area is actually, if you think, of haven court. It's a fairly limited area.

C

There is another section or parcels of land that isn't technically part of haven court.

C

And at that point I think that dumpster is not even located on that section and there's a portion.

C

Of land owned by the city that they acquired, uh I think it was in 95., but so so we're we're active.

C

In terms of our discussions, not only with the city but with the butter, who has that that's his that's.

C

Their dumpster, so a lot of that is not formalized at all, but a lot of the discussions have occurred.

C

With respect to that, so that we, when we come with a formal application, we're going to be.

C

Able to really you know, walk you through that okay yep, but those are active topics. Thank you.

R

Just to further that, if we go back to the site plan.

R

There right there yeah, so um the latest question was about the entrance of the garage and that.

R

Entrance of the garage is right here in the corner yeah in the corner, so you come down high street.

R

And then come around the corner, and that gets you into the lift that goes to the lower level.

C

So that's not a radius that any any generous size vehicle could do.

R

Yeah, I believe so it uh you're looking at passenger vehicles, uh so, uh okay and part.

R

Of the final design, uh when we refine this, uh if we need to, we can take that and angle. It.

R

So it does work, you know we have that possibility getting back to the haven court, whether it's.

R

Determined to be public or private is still going to be something the developer wants to reinvigor.

R

And and um invest money in and the way that the building is set up, it's outside of the limits of.

R

What that ownership eventually is, is that, but it doesn't currently connect to fleet street.

R

uh So the it does in the sense that there's a corridor there that has been interrupted by some.

R

Jersey barriers; okay, but if you jump over the jersey barrier you can get there and the idea.

R

Is to reconnect that for public access and walking? Somehow, yes, somehow by as terrence said, putting in.

R

The steps moving the dumpsters and the dumpster we are working on a thought that there would be.

R

The ability for this butter to access a shoot that would allow them to move the dumpsters.

R

Into the basement of the applicant's building, that's kind of you know it's not all agreed, but.

R

That's the thought, so we are thinking about it under those terms very seriously uh so yeah if.

R

You get the dumpsters out of there and make it a walkable path. Then it could be a connection.

A

So this is I just. This is an exciting application. You get a lot of interesting things going on here.

A

With high street and haven court and eurobudding landowners, I don't know if this is the application.

A

For it, but I know in some similar circumstances where there have been some a lot of moving parts.

A

That I've been involved in with other applicants in other jurisdictions, where we've had workshop.

A

Sessions to talk about this sort of thing, just just this one application, we haven't.

A

Done that yet in my since I've been on here, I don't know if this board has done that before.

A

And I don't know how the board feels about that. If the board would be interested in.

A

That sort of thing um useful, so you're talking about, I understand what you're saying so as far as.

R

The design team we've talked to the city staff and we've sort of tried to separate the design on the.

R

Site from all the public improvements beyond the site, because those are on public property, mostly.

R

And the thought from the planning department was that we should have a stakeholders group and start.

R

Some discussions in that regard, and, of course, if the planning board wants to make the stakeholders.

R

Group meeting a workshop with you, that's fine too, but we were going to start down that path.

R

And engage the greater community in that design because it is a collaborative design sure well.

A

I think they're in the way I've seen these work like the question just came about turning radius.

A

You you've got the way, I'm sure you've got auto turner, templates and other things. You could just show here's how it looks, yeah real time, interaction with uh with questions uh there may.

A

Be a question about the architecture: here's how that looks. This is why we did this. This is why.

A

We didn't do that. This is what we're proposing on haven or proposing on high street, or it could look.

A

Like this, you know there can be it's less stilted. I guess it'd be a better way, perhaps saying it.

A

Where you can have more interaction- and I have not discussed this with my board members- so I do well.

C

This would be the point where I you know: you're creating a work session of some sort. That would.

C

Also usefully include a site, walk or a site visit, because it's a very weird constrained.

C

They might do a great job, but without looking at it the drawings look a lot different.

A

And councilman had your hand up. Did I wanted to ask some questions about to the architect way.

K

Back when she was up, um I guess a concern or just question the um little three-story.

K

Really historic, adorable little building that sits on high street sort of going to now be.

K

In between, I sort of feel like you, have the new building sort of set back a little ways is that.

K

At the face of that, building that little jog or is it go behind it.

K

I'm just trying to figure out a way that you don't lose that cutest little thing exactly. We yep we.

I

On on purpose, we set that uh piece of the building. That's next to it back.

I

It's set back about six or seven feet, I believe, and then it's a good ten feet wide.

I

And yeah, so it's in the shadows, so from the oblique from lad street. You can see those.

I

Coins on the corner turn around there's a little bit of detail that that wraps so.

K

It has that curved roof. Now you can on this. You can see sort of just that brown behind it.

K

Is that a connection between the other two buildings? Is that what that is it's hard to tell.

I

It is, and that is set back even further- that set back about 25 feet.

K

It's hard to tell when you just see you know a flat picture. That's why I'm always like asking.

I

It's hard to see what's going to be here and there yeah, you actually can't see that from the ground.

I

Because the high street is you can't get far enough away because of the width of high street.

K

Right, so you really just see the three-story cute building. That's right! Great! Thank you, mr chairman.

C

Yes, I have a question and I'm not sure who it's to, and I want to ask for forgiveness with my.

C

Relative ignorance on this one, but what obligation does the applicant have in providing access or.

K

Accessibility through the through the open walkway that that you were talking about terrence and.

E

Does that change, depending on on the ruling of who owns that that area? So I I just.

C

If I, if I'm wondering I'm betting, other people might be wondering right, the ada.

K

Compliant aspect right and what obligation do you have to to meet some or any or all of that.

C

So um just so, I better understand exactly what you're asking um if it's a public street.

C

The ownership may or may it doesn't change, I mean we have title to that area and a.

C

Public street or private street can be on that fee. um So if I can kind of back up in terms of.

C

What I was suggesting in terms of what we would do, if it's, if it's a public area, we could still do.

C

Off-Site improvements is what you would legally call it, but it would again be a collaborative.

C

Effort with staff at this point and obviously with this board in terms of what you want to see there.

C

So the one thing that was brought up is that it's not technically, you know.

C

Beyond haven court, it's not a road, you know it's not cars, going off the cliff, because.

C

It does narrow to a point where there isn't um any elevation there at all, so it's really set up for.

C

An area for pedestrian access, keeping in mind that again and it's it's hard to visualize. But if you.

C

Went to the existing the boundary survey, you would see that haven. Court goes to a point and.

C

Then it ends, and it ends roughly just past, where our building would end. After that, there is a point.

C

Where it's not technically haven court, but there's a portion, that's owned actually by the city.

C

So that portion, that's owned by the city, uh has some different aspects to it: that don't.

C

Really project, as a city road, if you will so, if you get to that point, the city can.

C

Work with us or or or can do it on its own. Obviously they can create pedestrian.

C

Access there, and in fact it exists, I mean, maybe I'm not being clear stephanie. Would you.

C

Mind bringing up the landscape ideas sheet, it's those stairs right, they're, not ada, compliant. I'm.

D

Wondering is there a workaround to that? Are you obligated to provide one or not I'm not.

K

Sure, city manager and members of the planning board I'm mark mcnabb. um I can speak to this issue.

L

We're not providing handicap accessibility there that great is 14 feet from fleet street.

L

If that were to be handicapped, it would need a couple hundred foot long ramp. So it's not that.

L

We don't appreciate it, you know, but in this situation you just can't get 14 vertical feet.

L

um With a handicap ramp right, so we would just be proposing. The steps would be there for that.

L

Should the city decide that they don't want to do that.

L

Then I've said you know just make a park at the top, overlooking the bottom and make.

L

A park at the bottom and don't connect pedestrians through. I think that would.

L

Be unfortunate, you know, then, to connect through, but if the city felt that you couldn't do it.

L

Without handicap, it couldn't be done there uh without additional land taking or something from.

L

Ghillies and even that you'd still need a couple hundred feet. You know for a ramp. You couldn't.

L

You just couldn't physically get that so um we've looked at that and uh the ada just can't.

L

Can't be done there. Thank you mark is that is that knob ledge. um Is that the reason for it? We.

L

We think certainly some of it is ledge. Our borings in the um parking lot would indicate probably five.

L

Within five feet down is ledge. However, though, if you change that grade, you change the entire.

L

Entry system on newbury building they have entry doors there, jj newberry's.

L

That's where the restaurant takes deliveries, uh they load stuff, they bring trash out.

L

So they can't change that grade or you lose the entire building relationship there. Okay, thank you.

B

Yes, I have a question for the architect. Please.

B

uh In general, I I find your design very pleasing aesthetically.

B

And I'm trying to keep an open mind on the prism and I'm just trying to I'm not an architect. So I'm.

B

Trying to understand what goes into an architect's process when you're designing a building.

B

And then you had a feature you wanted to stand out. I guess you wanted it.

B

To be different, and so I try to understand how did how this evolved you had did you have.

B

Go through different designs, or is this something you saw somewhere else that you liked uh this well.

I

So the prism as we call it is it serves as a wayfinding device. So as um we want to help.

I

Pull people down commercial alley and down loud street and connect them down.

I

Through to fleet street, and by having these these memorable moments or landmarks.

I

That that help people remember where they are and encourage them to go down a certain way or.

I

Turn a certain way and by using the different facets of the glass we're looking at reflecting.

I

Some of the architecture in it, so perhaps somebody walks down, lad street and they see a reflection.

I

Of the steeple, and that led to the shape of this, which is similar to the tall point of the steeple.

I

Which is the turns people down the view to the view down high street, which is a pretty amazing.

I

View in portsmouth it's one of it's, the only one where you actually have the north church steeple.

I

Aligned right down a street framed perfectly and it's really important, so we want to create that.

I

Visual link between the two we're also playing off the um kind of angular architecture that you see.

I

On one congress street with the dormers and and some of the unusual shapes in that roof, you see.

I

Up there there's some interesting glass features on the roof that were playing on there, so it was.

B

Really custom designed for this corner: did you say that very much so yeah? It's meant to really.

I

Recall the shape and architecture of the steeple, primarily okay. Thank you. Yes right. I think.

J

Maybe it's kind of, like speaking to the benefit of a workshop or site visit, but.

J

I'm having a little bit of trouble, I love the idea of connecting fleet street haven court.

J

I'm having a little bit of trouble reconciling the idea of the garage entrance being back there and.

J

A whole lot of people walking around, especially if we're making a wayfinding space where people.

J

Are going to be kind of wandering about in that space in a lot of cars? I don't know what the.

C

Amount of cars parking that's going to be beneath the structure.

J

But just kind of reconciling all that a lot of people walking around.

J

Kids walking around a lot of cars moving around and the tightness of the space. If you will.

J

I know it's not really a question, it's more of a comment. Actually, I can speak to that a little.

L

Bit um the car elevator in the lower level uh will have approximately 25 parking spaces.

L

The important thing for the planning board to know that is not available for the public.

L

They're private, the elevator will only be for occupants of the building or valet, so there won't.

L

Be a public component coming into haven court. So if you talk about 25 cars, that's really a.

L

Negligible over a period of a day um going in and out of there, and it would always be the same set.

L

The same set user yeah, so you wouldn't have the public doing that they're all going to be coming.

L

Around the same time, around so pretty pretty much whatever congestion pattern you have in there.

L

Would be pretty much the same? It is today and our plans trying to improve all that by.

L

Dropping the curbs on high street lad street more like the musical, so that it's not so awkward.

L

Right now, right now, like the the um the cast iron lights, the city has creates pinch points.

L

On those sidewalks that in some places are only three feet even on the sidewalk, so it's very.

L

Unfriendly right now with all the curbs, but if any, when we've all gone down the music hall.

L

When you drop the curbs, even when there's like a lot of people,.

L

And a car comes through, it's it's really fine, it's not anything that is unsafe.

L

So we're trying to we're recommending to the city and we're willing to pay for it um and not split.

L

It with the city to rebuild high street land street to be more pedestrian and car friendly.

L

We also favor we've, we've said this to the staff and and we'll bring it back up again. We actually.

L

Favor and are recommending closing that entrance to the high hanover garage in most cities, where.

L

You go to you, don't have three entrances to a garage. You get your cars off the street quickly.

L

Off the highway, you don't want them working into your downtown center market square, to go into a.

L

Third entrance, so that congestion in that area, we think, could be done better by getting your cars.

L

Off sooner and not making that an option to enter into the garage there, that's ultimately.

L

Up to the city, but I just wanted the planning board to hear that, because we have surfaced.

L

That with staff- and we are in discussions what the city decides to do with it, I'm not sure.

L

But what we're doing in that area will really open it all up, um and the car elevator is.

L

Is is private and it's not it's not open for the public and also that glass prism.

L

Based on an htc work session and feedback, we're getting.

L

It's being reduced in size and it's being put a little more into the building. It'll be a glass.

L

Corner it's quite attractive, but it's going to be less in scale than what you see right now.

A

I was going to ask about that because you know I made a comment about that last meeting and.

A

Probably folks didn't like to hear, but one of the things that is in our site, plan regulations.

A

One of the purposes is to preserve and enhance the historic and cultural character of the community.

A

And I think this is a question for the architect. If you could explain.

A

And explain the geometric relationship between the prism and the steeple. And if.

A

It's completely inside your building.

A

Fine have have all the fun you want inside a building, but both the prism and then the.

A

Windows you've got like corner windows projecting from the building. If you could speak to those.

I

Okay, so the so the prism, as was mentioned, is being reduced in scale. It's being incorporated.

I

Into the building, so there will be floor space inside previously we had talked about it being.

I

More of a linear, almost an atrium feature that wasn't programmed so it now has it's. Gonna have.

I

Some program, the the windows that project are they're, essentially a bay window without the front.

I

Piece and there are bay windows all over town. The this particular arrangement is simply a reference.

I

To the dormers on the top of one congress street, which have the same 90 degree angle,.

I

It's on the vertical we've turned it flat to reference those, but also to reference.

I

Right now, the building on the side on high street is covered with a lot of old fire scapes and we're.

I

Taking those down because they're not needed they're and they're resting away and we're.

I

Going to make the building safe by putting in fire stairs and and bringing it up to code that.

I

Way so the fire escapes have become obsolete, but they had their place in history and they had their.

I

Legacy and they are kind of part of the fading urban landscape. So by having these windows.

I

Sort of emerge from the building, as you go down the street just a little bit to cast a shadow.

I

Across the facade of high street, the sun comes down here really beautifully in the mornings. It.

I

Will cast the shadow of those thin metal lines across the facade in the same way that facade.

I

In the same way that the fire escapes do now, so it's it's recalling that that legacy.

I

Of the fire escapes that point in history, that's now gone is going to re-emerge and be.

I

Have a new expression in this edition.

A

Thank you. I guess you do have them on.

A

90 degree different sides of the building, and why didn't you use bay windows just curious.

I

uh Well there so the bay window has um it's like half a hexagon there's there's.

I

No reference to that in the old building it would be. It would be unique to that.

I

Street, it doesn't exist anywhere else right now. We already have the 90 degree.

I

Shapes and forms in the existing building and they're smaller it would be overwhelming.

I

I think, and a little incongruous, to have the half hexagons okay. Thank you.

L

Mr chairman, to another point in the ordinance when you started the question uh in regards to.

L

Preserving uh the historic character, um there's a very important part in the ordinances that.

L

Actually encourages contemporary design. So if you look at 60 pen hollow that, I'm building right now.

L

Where there's heavy timbers and there's serpentine bands and that's a part of the ordinance that.

L

Specifically is provided to actually depart from so when you take some architecture like this.

L

It can be appropriate to do something a little more modern.

L

Because what that'll do is it'll bring more significance to the old historic buildings.

L

And it will it'll give the ability to do some modern architecture, so um we think that's.

L

Important as well on some of the windows that we're doing here is to differentiate it between.

L

Not a fake historic one, you know in a real historic one and that's the that's. The neat.

L

Part of the ordinances that allow for um actually full contemporary design buildings, if you want.

A

Okay, I personally have a problem with that and we can agree to disagree and I respect your position.

A

So I guess we have a technically a public hearing, any other questions.

A

Open the public hearing is there anybody here to speak too far against this application.

S

Elizabeth property owner 159 mcdonough street, I'm going to.

S

Speak very quickly now and then I'm going to speak with the second time around. If that's okay,.

S

So, very briefly, I'm just passing that around from when I talk after I just wanted to talk.

S

To you about the idea of the dumpster situation, a very simple example is, I have a very small.

S

Restaurant in one of my buildings and we get the dumpster empty twice a week. And I imagine that if.

S

You ever go down onto the fleet street area where the dumpster stands for just the newberry building.

S

They have a very large dumpster there they're proposing to put all restaurant on the bottom.

S

Floor and restaurants make a ton of trash if you've ever worked in a restaurant. You know that.

S

If you've ever driven by one, you know that and if you've ever owned one, you know that so the amount.

S

Of trash that they're going to try to put into the corner of this building is seems like it's.

S

Going to be an immense amount, so I'm not really sure how they're going to do it, but it just seems.

S

Unreasonable it also means that somebody's going to have to carry all of those smaller containers.

S

Out of the basement and bring them to the road, which means one of the problems that we have on.

S

Bow street is what it looks like in the morning. Sometimes when you see all the trash containers.

S

Lined up out there from all the restaurants. So imagine that in that very small area of fleet.

S

And haven, court and high street are all in front of congress street. So that's one thing: the whole.

S

Idea of prisons and lights seems to go against the dark sky theory that portsmouth has presented over.

S

The years asking developers to continue to make the skyline less light and continue to make it.

S

More dark and keep those lights low and facing to the ground and not shining all over the fake.

S

Place and to me, when I think of a prism, I think, of light shining everywhere and in regards to.

S

The stairs I do have issues with them because of the fact that it's supposed to be a public access.

S

If you left out the stairs and took away the um jersey, berries, people could walk through there.

S

As it sits, you could spruce up the left and right side and make it presentable with plants or even.

S

Benches or anything, but adding all those stairs to me seems really counterproductive in terms of.

S

Moving people through the city and trying to keep them off the main streets and put.

S

Them on the side, so that's it for now. Thank you. Thank you. Any other, first-time speakers.

A

Anybody on zoom second time, speakers.

S

Good evening elizabeth bradder property owner 159 mcdonald street, this is an opportunity to.

S

Thank the jarvis family for having preserved this piece of portsmouth history through all the urban.

S

Renewal, the 70s and the 80s downtown changes up until now. The national hotel, which was in the.

S

Rear had long burned down, but the metro restaurant structure still still maintained a historical feel.

S

To the original buildings that it surrounded looking at the handout that I gave you, you can see.

S

The original windows and storefront, where the greyhound bus station used to be years ago,.

S

Almost looks the same as when the picture was taken today. This building sat, hi, sat higher.

S

Than the rest of the two-story, um I call it the jarvis block, but it's that block along.

S

Congress street that connects, and it has the big tall building on the left side, the newer.

S

Building and then it has this on the end, but those buildings.

S

Those the rest of the buildings on congress street are about two stories. There.

S

um It was actually built higher and if you look at it, when you look at these design plans that.

S

They have, you can see that it. It actually stands higher than the four-story building on high street.

S

I want you to remember that those lower buildings on congress street will have.

S

This building behind it, because they're asking you to allow the taller height in the back.

S

So that height is not permitted on haven quarter high street. And if you think about.

S

It you can envision how high that will be behind those buildings on congress street.

S

Sadly, the rear of this building, where the national hotel stood for 50 years, represents nothing.

S

Historical, this development teen originally proposed that the national hotel would be restored.

S

Per the old records, the original hotel faced hype faced high street and it was a three-story.

S

U-Shaped building with a courtyard in the middle haven court had a two-story machinist building.

S

And a plumbing shop, currently the heights on high street and haven court are two to three stories.

S

And what they're proposing is two to three stories with a fourth story. On top.

S

What is being presented is a building filling the entire lot from the front to back.

S

Taller than the heights allowed in the rear, the maximum allowed massing.

S

And weed rear decor that is way out of place with the core of the historic downtown portsmouth.

S

This building will be the first structure that that people see as they exit the parking garage.

S

And head to the middle of downtown, most everything in the french quarter of new orleans looks like.

S

Classic french architecture from the french corner, most everything in bearskin neck at rockport, looks.

S

Like the old fishing village, most everything in downtown portsmouth looks like the original.

S

Structures that were there, what is being presented in the rear, is completely out of character.

S

With the core of the historic downtown portsmouth and its massing is more intense as it backs up.

S

Against fleet street and the lower sections on congress street the site plan review is.

S

About size, interrelationships and impacts on surrounding areas, the rear of this building.

S

With its mass, where cd4 is considered to be more medium intensity, it's modern and garage stop. It's.

S

Modern and garage door, style windows and massive hologram light structure will have a large impact.

S

On surrounding areas by distracting from the charm of the downtown portsmouth as one enters and exits.

S

The parking garage to one of the most popular places to photograph the entire north church.

S

And being able to walk down through it to the historic districts which are all considered charm,.

S

Please ask them to reconsider the rear of this building. Ask them to do what was done.

S

To the building mute that it was used to be the elks club on pleasant street, where the.

S

Rear of the building mimics the front and it and please ask them to remove the prism.

S

Or move it someplace large, where it could be enjoyed, as it's meant to be. Thank you.

A

Thank you any other second time or third time. Speakers.

A

Because public hearing.

A

What's the board's pleasure.

K

I make a motion that the planning board.

K

Find design review process is complete.

O

I have a second to speak to that. um I think that we've looked at this a lot I mean our.

K

Whole point is to give feedback and and what we want to see down the road, and I think that I.

K

Believe through two sessions of pre-conceptual and this I think a fair amount of feedback.

K

And questions have been answered and directions that they're going have been stated. So I feel like we are, I feel, complete to move forward, but that's just me.

A

A

The idea of a site walk came up, it doesn't have to be apart from this.

K

I would think we'd want a more definite plan before we do that so we'd know what we were looking at.

A

Well, it might, it might inform things. um I know.

A

There's been conversations with staff about this right, so just to remind the board that the.

E

Purpose of the design review does not encompass architectural design. Elements such as.

E

Facade treatment, treatments, roof lines and window proportions; rather, it refers to site.

E

Planning design issues such as the size, location of building parking areas, open spaces on the lot.

E

Inner relationships and functionality of these components, I do believe the.

E

The board has offered some feedback to the uh the builder developer on this issue.

E

Concern over modern elements and the architectural features being compatible surrounding properties.

E

Concerns over the stairway passage, I'd say: solid waste management. How that is going to be.

E

Managed in a way that is not impactful to the area, concerns regarding the rear of the building and of.

E

Course, the stairway and pedestrian circulation um uh along haven court. So is there additional.

E

Things that fall within that review that the board feels like they need to delve into um more deeply.

E

Because that is the purpose of this section and if the board chooses to it, I would think.

E

That it would be beneficial to the developer builder developer, to really talk a little bit.

E

About where there's still questions related to those topics, because we can definitely schedule.

E

All those things or we could schedule it at the time of application.

E

Should it be the board's, will we can? uh You know, request that prior to you know, site plan review.

C

It seems that this is going to change dramatically if they determine.

C

A or b, who owns a budding land to the rear well and the hdc's feedback exactly.

C

On that procedure, well one thing um as we as I learned I was reminded of it in our.

A

Training session with the new hampshire municipal association attorney stephen buckley last month,.

A

The tilton case actually got into the idea of aesthetics for a cycling review and.

A

Hampshire supreme court has said that that is part of the purview that we have.

A

Now I don't want to shred on htc, but it is beyond just massing, so we can look at more than that.

A

But that's it's up to the board. What the board wants to do.

A

And I think we can certainly advance it, as is see what happens next and have a site.

A

Review later have a workshop session later, whatever you know a lot, a lot of options.

A

There's also 10 40 and we have more things on the agenda, so I don't want to belabor this.

A

I'm not seeing a lot of conversation, so we have a motion. We have a second.

A

Board ready for a vote yep all those in favor, bye.

A

Aye aye opposed motion carries thank you, yeah absolutely you're. Welcome.

A

I have a quick question about experience. If we combined preliminary conceptual review.

A

And design review, no because design review has to come to us as a request schedule, so we're.

K

Just doing completeness today, right we're just doing preconceptual design and the other one is.

K

Just to agree that we have enough information to schedule a design review at our next video.

K

I know, but they kind of seem like the same, that's why I wondered if they were no in some cases, some.

K

Things change in in that month, like we did the same thing for one congress. You might.

K

Bridge so they had to make changes based off of our initials. So.

K

It shouldn't be too simple. I apologize for the delay with my education. We have a preliminary.

A

Conceptual consultation discussion at the quest of eight kph llc as owner for.

A

Property located at 161 deer street, which they would like to have it be known as 88 maplewood.

A

Avenue requesting preliminary conceptual consultation for the demolition of existing.

A

One-Story, commercial building, construction of a four-story building with a penthouse.

A

Property shown an assessor map lot blank and lies within character. District 5.

A

I guess we know where it is good evening, um I'll I'll put a couple things on the note just for.

C

The camera, um my name, is thomas hamilton, ballen jr, uh I'm a resident of portsmouth.

C

With my wife at 233 vaughn street, which is not far from this development project,.

C

This property we acquired in november of last year, it was formerly currently it's.

C

On the tax roll for 161 deer street, but I think everybody referred to it as lot 5 at foundry place.

C

The change in the dress isn't just to di differentiate the project from the prior.

C

Project because there is still a lot of the prior project on the website, so we need to differentiate.

C

A little bit, but um we will be moving the lobby from kind of back in the building where it was.

C

Originally planned to the corner of maplewood and deer street. um Thank you all for for being here.

C

This late night, we do appreciate it. Mr chairman panel members, our team looks forward to moving.

C

This very long delayed project uh forward. I think this started in 2016, so it's been going on.

C

For quite a long time, not just for covid with me today are john shagnan from ambit.

C

Engineering, carla from cj, architects and terence parker from terra firma. Thank you. Thank you.

R

Thank you, tom members of the board, john chagnin from ambit engineering uh here for a conceptual.

R

Review of this revised project, the first sheet we have up here is the subdivision plan that was done.

R

In 2016 to create the lots that were assembled and then re-subdivided for development lot, one is now.

R

The foundry place garage, the project that we're talking about here is is the ones currently the.

R

One story: commercial building on the north side, uh which is shown as lot five on this plan, the.

R

Next slide shows part of the acquisition of the previous development team was to get an easement.

R

From the boston and maine railroad, it's a restrictive covenant, easement that.

R

Burdens the railroad property and allowed for the previous development to have full windows.

R

At a point, five feet from the property line, so what that easement or restrictive covenant says.

R

Is that the railroad cannot build a building in that 10-foot strip? The next sheet is the existing.

R

Conditions plan you see the building in the middle, it's surrounded on the side and back with some.

R

Pavement and parking there's a walkway along the front, some green space, which is lawn and sparse.

R

Elements along deer street, some other green, more robust along maplewood, and there are five parking.

R

Spaces fronting the current building on the deer street side. The next sheet shows the demolition.

R

The building that exists now will be removed, along with all the pavement and other elements.

R

And the next sheet shows the proposal. The proposal is to construct a four-story with penthouse.

R

Structure on the site and the first floor will be commercial, and then the upper floors will contain.

R

19 residential units, this plan shows some expanded, sidewalks redone in brick, with.

R

Some landscaping strips and a bump out protected sort of four spaces of parking along deer street.

R

On the um south side, you would enter into the adjacent lot through an easement and travel to.

R

The access here to the lower level parking again this is another.

R

Site with underground parking introduced to the site, the next slide shows the layout.

R

Of that parking area, so you'd come in to the back and ramp down and then.

R

Two-Way traffic here to access the parking spaces, we're showing a lot of them with secondary stacked.

R

Spots, but in all in all, there's 30 spaces that don't stack in that layout. The next sheet.

R

Shows the utilities the deer street had some reconstruction recently, so it was prepped for.

R

Water services, we would access the sewer on maple wood and put in the.

R

Grease trap in the event that there's a first floor, restaurant use.

R

There would be electrical service coming in the back with a new transformer. Currently there's.

R

An easemented transformer bank on the north side of the property along maplewood avenue.

R

The intent of the developer is to not introduce gas into the building, so it'd be an all-electric.

R

Build out the next sheet shows the grading.

R

Essentially, following the street grades that exist now, it's elevation 15 at the intersection.

R

It does slope away to elevation 13 along maplewood and to elevation 11 along deer street. The next.

R

Sheet and the rest of the set are just elevations and details to complete our concept package. The.

R

Plans are going to the htc for the first hearing on may 4th. If we could go back to sheet.

R

C3, which is a few right there, we just wanted to speak briefly about conformance with zoning.

R

So there's a zoning table on the left side of the sheet and there's a couple of things about this.

R

Site that we wanted to point out to the board that are going to require some give and take with the.

R

City, the first is the height. The ordinance uh allows for two to four stories and a penthouse.

R

And um if you do a penthouse, you get to add two feet to the height from 40 to 42..

R

The parking level that we've established here in the basement is going to be set at an elevation.

R

That it needs to be set to avoid the water table and the need to be in the water table.

R

So we're going to set that floor at elevation, eight and that will sort of set the tone.

R

For the rest of the building height as we need to have a 10 foot eight floor to floor from that.

R

Basement level, so our first floor is gonna, be 18.67 now under the ordinance, usually um the first.

R

Floor requires a 12 foot ceiling and, second to fourth, would be ten foot and uh the penthouse.

R

You get an extra two feet and you add all those up and you get the 52. That's in the ordinance.

R

We're proposing a 58 foot building at this time, which will require relief and we're.

R

Going with the 12 foot first floor, but then the 10 foot between floors is a little short.

R

We want to go something like 10 foot, eight that allows for more efficiency.

R

In the design of the floor systems between floors that deliver the utilities to the various floors.

R

um Also that that adds so that extra eight inches over four floors adds two feet to the height.

R

And then the other additional height is added through the conformance to the grade plane.

R

And the average grade of the structure that adds between four and six feet to the height.

R

So we will be asking for some height relief. The next ordinance issue is the requirements for.

R

The finish floor to be no more than 36 inches max above the sidewalk, and that is not really.

R

Compatible with sloping sites, it works great if everything's flat, but this is a sloping slight.

R

We've set the garage level at 8 to make the site sensitive to the water table.

R

The ten foot eight brings us to a first floor of 1867 sets the elevation and we're dropping the.

R

Corner of the building at the intersection here so there's a lobby area that is the direct access.

R

At grade um the garage, that's sort of a subfloor level, it's below the floor level, that is behind.

R

It where you need the clearance for the garage level, there's no parking under that corner, so.

R

That sets, though the first floor, sets an elevation and then the slight slopes away both to the north.

R

And to the west so we're looking at relief from that 36 inch, maximum height above sidewalk grade.

R

And we'll be asking for that, then there's the 50 foot door spacing.

R

We understand the reasoning for that in being in the ordinance to enliven the street, create.

R

Some tenant uses, so it really fits well with small tenant uses and in the case of this plan, because.

R

We're going to conform to that on deer street, so we have an entrance here. An entrance here.

R

And the main entrance, but in order to get to the that floor, elevation we're going to create some.

R

Raised walkways so that we can meet the ada requirements to get to those.

R

Doors, so a flat site is always better. We do have a slope site.

R

And as we go on the maplewood avenue side, we would prefer, if you look at the floor plan that has the.

R

Commercial, a large tenant we'd rather have that large tenant access the corner and not have a door.

R

In this area, so we would be asking for relief there. There is a door that exits here for safety.

R

But the 50-foot spacing requirement we we're going to be looking to maybe vary that.

R

On the maplewood side, the front yard setback is another one in the ordnance. It calls for five.

R

Foot maximum back from the property line and our building here is set up to be six feet back from.

R

The property line and the reason we need to do that is because we've had to introduce the ramping.

R

The sloped walkway, I should say to get to the uh elevation we need to get to.

R

And uh we need that six foot width so we're going to put the building at six feet.

R

And that will be another uh variation from the zoning that will need to get relief.

R

Then they have the railroad setback.

R

We're proposing 10 foot six, the previous the 15 is required. The previously proposed.

R

Development on the site had five foot because they took advantage of the 10-foot.

R

Covenant restrictive covenant area that they got so effectively.

R

The purpose of the ordinance is to keep.

R

15 feet clear along railroad corridors. We would that's going to be obtained. The reason, though,.

R

That we need to go less than the 15 is due to the parking level and the efficiencies of the.

R

Parking level, if you look at the parking level, we have a 19 foot, double park, standard, aisle and.

R

Then another park and a ramp width and those just add up to a building size that.

R

Is most efficient and we'll be looking from some relief front lot? Build out is a requirement that.

R

May not be met here. There's about 294 feet of street frontage. The building is going.

R

To have about uh zero, though, that meets the criteria, because the criteria areas you got.

R

To be less than five feet from the front, however, the building itself has about 249.

R

Feet of building frontage, I would suggest that that you know starts here five feet away.

R

uh Comes up, there is a recess in here which doesn't count even if the rest of.

R

The building was at five feet, there's some here and then there's. This is way back, but.

R

We didn't count that last 40 feet, but if you add up the rest of it, it's about an 85 foot.

R

Aspect to the street but doesn't meet the ordinance so we'll be asking from.

R

Some relief there next is the parking we're providing uh first floor parking is not required.

R

Because we're in downtown overlay, the 19 dwelling units would require 25 spaces plus 4 visitor is 29.

R

We're providing 30 and basically the developer, based this building and the number of units on.

R

The amount of parking that could be fit so it was it's not trying to be overly.

R

Make the parking sort of fit or not fit the parking dictated? The number of units.

R

And at this point, I'd like to introduce carla goodnight from cg architects.

G

Good evening carla goodnight principal cj, architects.

G

There is not a a significant amount to discuss in the way of architecture this evening, because.

G

We have just submitted our first work session um and that's step one uh context and surrounding.

G

Properties for the site, so I'll just speak briefly about the building strategy and where we're headed.

G

Right now, the property located on the corner of deer and maplewood. It really has a very rich.

G

History that was greatly influenced and still currently influenced by the rail corridor.

G

Including the original portsmouth train station.

G

Notable historic buildings containing lumber yards brew houses and factories.

G

Sprang up in the vicinity of the railway and were served by it and these historic examples.

G

Really contain a significant amount of beautiful early brick architecture and.

G

A lot of details artfully woven into the into the building designs and we plan to capitalize.

G

On a lot of those examples, in order to inform our building design right now, the property has.

G

A current historic district commission approval in place, which was secured by the prior owner.

G

And that approval supports a five-story building uh set back as john mentioned five feet,.

G

From the railway and contained 55 units using the historic inspiration from the rail corridor, we.

G

Intend to work with the commission to develop a four-story structure with a penthouse that.

G

Is set back roughly 10 to 13 feet varying from the rail property that would contain.

G

19 units, so that's our our sort of beginning uh massing of where we would be going with this.

G

Property, but I think that's, that's kind of where we're headed with the design.

G

And I'd like to introduce terence parker to discuss the landscape concept with you.

N

Hello again, terence parker, terra firma, landscape architecture. Could you flip to c3 please? So I'm.

N

Here to talk about the the landscape approach and you can see that the green space is highlighted.

N

There, with the exception of the green green space, you know the back corridor along. You know that.

N

Parallels the railroad track. It's as carla said it's 10 to 13 feet. So the opportunities here are.

N

To um you know create some planting scaling for the mass of the building, and that would be on.

N

The northwest corner, where the transformers are right now, just as you're coming down maplewood.

N

You go past the cemetery on the right and you have that that view of the corner of the building so.

N

The opportunities there rest in um you know maybe putting a fence around those transformers. That's.

N

A sculpted fence or some vertical feature there, and then you know columnar plant materials that.

N

Would border um the property line that abuts the railroad track? That would be visible from.

N

Maplewood, the other important aspect of the zoning rag is to put one tree every 30 feet, so you can.

N

See that with the maintaining some street parking on deer street, you don't have that opportunity.

N

Unless we flex the sidewalk and put um you know small volume, you know how the portsmouth does that.

N

You know four foot square tree, soil volumes and trees, but you could get the proper amount of trees.

N

Which is you know, 8.3 trees for the the you know, the the linear foot, linear footage of the building.

N

Facade, but you could do that if you you cluster the trees in the the very wide bump outs in the.

N

Road or you, you know, flex the green space a little bit, so you can have I like to do trees that have.

N

A contiguous soil volume, so you get maximum growth and the trees last more than 15 years.

N

So you have that opportunity here if they're columnar trees. So that's part of the.

N

Intention and the other opportunity for visual interest is on the um the southwest corner.

N

How do you use this button here, john.

N

Right there so there's a part of the facade of the building right. There.

N

Would be an opportunity to put a mural or some bar relief? um So that's that's the.

N

Intention the client wants us to drive for to put visual interest on that southwest corner.

N

And then again on the the northwest corner, that has a lot of uh you know eyes on it.

N

And it'll have a nice, as you can see, there's no there's no parking on maplewood. um So there's no.

N

Doors there, but there's also all the crosswalks leading to the main entrance of the lobby.

N

So there'll be some more attention to detail in the planting in those spaces as well. So at this.

N

Point, if you have any questions, we're all here to answer your questions, so thank you for listening.

N

K

You're fighting back there hiding back here, um I have a few different ones. uh My first.

K

Question is: um do you have easement access rights already over a lot 4.

R

Yes and the applicant also owns lot four, so if he doesn't yet, he will okay, okay, um the transformer.

K

Can we put it someplace else? Unfortunately, we can't come on. It's like. We have to add major.

R

Gateway yeah, I know I know we can, as terrance said, he's going to do his best to doll it up to make it.

R

Disappear, I just want it someplace else, all right, I'm not going to get my way that way. huh um Sorry.

K

Our I know, you're, you guys said 19 residential units are, these are going to be for sale or lease.

K

Do you know I will let the owner answer that one um can I answer the first question for.

C

The other technical thing that needs to happen is between those transformers and the primary.

C

That's by the parking garage eversource needs to connect those two high voltage primaries.

C

And, rather than have them do it in the sidewalk we're gonna we're trying to give them more room.

C

So they can in fact run that primary behind lot, five and four, so we're five feet was very tight.

C

10 is probably going to make them a little happier um with regards to the 19 units they'll initially.

C

Be for lease, depending on what interest rates do, and I I'm not smart enough to forecast that.

C

But the building has been designed to be condo. Converted at some point, um and you know I have to.

K

Ask can't you give us any workforce housing. It's my requirement to ask this every time, 19 units and.

C

It works out to about 2 400 square foot per unit. You can make some smaller units and give us a.

K

Little more, then, I have to get parking relief. So it's it's. It is a catch-22 all right. I tried.

K

I gotta ask all right: I'm done those are all my questions.

A

The water table is driving a lot of this design. Why is it inviolate.

R

I think the reason is that the current system of.

R

Drainage is at capacity, so you couldn't pump water into it. Also, the fact that there may be.

R

As evidenced, it was the train station and I'm sure you want to be pumping water.

R

Anyway, so we want to be above it, I think, well, it's obviously less costly not to go into it.

A

Is it have you looked into, I mean, is there no capacity to actually go into it, and I.

R

Can tell you there's no capacity to go into it, so we try to stay out of it across the street.

R

Elevation 5.29 and it's so it's too low, it's so okay, because this fluff's even closer to the water.

B

I was listening intently to your explanation of the height transitions. You went had to go and I.

B

See on the plans, it says right now: you're allowed 35 feet and you hope to go to 58 feet so.

R

You say that it says it's allowed to go 35 on sheet uh c3 in your zoning.

B

Table it says max structure, height 35 feet and then you're proposing 58.

R

Yeah, I don't think that's correct. I think.

R

50 feet or 52 to a penthouse. That's a typo.

R

So we're going to have a penthouse and we want to go to 58.

R

So by zoning, you're allowed 52, correct and you're seeking 58 correct and that's six feet. Differences.

B

Partially on the water table issue correct because the the height is measured from.

R

The average grade plane, so we have a sloping site- okay and partially, because the ordinance.

R

Requirement anticipates ten foot floor to floor and we want to go ten foot eight tonight. Okay,.

B

um My next question is uh on parking. I was uh a little surprised and in a good way, I guess.

B

For you that you had plenty of parking compared to portsmouth's requirements.

B

At 19 units you only needed 29 spaces but you're having 52.

B

And I'm just curious: why you're supplying so much extra parking.

B

uh When the zoning ordinance allows you to have much less another question would be why.

B

You could have 33 units but you're only having 19. okay, so uh there's always a need. You don't have to.

R

Provide parking for the first floor, but it's there right. So I think this developer wants to have.

R

Adequate parking for all the uses of the building. um I know that the ordinance has sort of maximum.

R

Allowable parking- and I don't know if we'll need a waiver because we're exceeding the design.

R

Requirement but I would put forth that in this particular case the ordinance is built that way.

R

To avoid the creation of unnecessary paved areas- and this is covered by the building anyway,.

R

So hopefully, if that's something the the board would consider granting as a waiver if necessary,.

B

Well, the other thought I had was maybe that um the future tenants or owners of these units may desire.

B

More than 1.3 spaces- and yes I mean I mean if I probably would guess that this at this price point.

B

They'd want two spaces per unit. That's that's a good bet.

B

I think uh councilman moreau mentioned this earlier, but I have a fuzzy memory that when dsa.

B

Had this project that it was part of it had five workforce units as part of the approval like or.

B

I don't think it was part of the approval or maybe it was just discussed, and I know they don't own.

B

It anymore, I didn't know whether any approvals were contingent on having workforce housing here.

R

So I believe the only approvals that were fully vetted yeah, that was, they got an extra story.

K

And they gave us workforce housing for giving them an extra story, and that was probably 10.

R

So you went from 50 to 55., okay, so that's null and void here. It's just that's his ancient history.

B

Correct as far as any approvals yeah, I don't think they ever went through the planning.

R

Board site plan approval process. Oh they did, they did pretty sure they had like plant approval on.

K

Three: six: yes, four and five, five, two okay, I was told they didn't.

R

But I know they did overall, so I remember having the conversation about it. Anyways.

C

I can I can address it, I'll do a mark and I'll say I can address a couple of those, um so they.

C

Did a couple of things one, the um the extra height incentive was from fifty to sixty feet.

C

Not ten percent um but to get gives us ten percent workforce housing of the u.s right. But to get that.

C

um To get that height to work, they actually had the garage floor elevation at four feet, which.

C

Is well below the water table that would have required continuous pumping into a system that you.

C

Know we're we're, probably gonna have to provide detention volume to meet our storm water drain. So.

C

The second thing they did, though, to meet the 55 units and that height is they put.

C

Parking like mark's project elevators with uh parking on the second floor of the building.

C

And, in the end analysis, the occupied sorry should have brought some water. The occupied.

C

Square footage of that large building is actually the same as this smaller building.

C

So parking on second floor very expensive, not not a good idea.

C

I think sorry, one more this one, sorry um with regard to the tandem spaces, so.

C

19 residential units, if you look at that diagram, real quick, there's, 30 headed parking spaces.

C

Six of um eight of which are individuals so there's only 22 tandems 19 of those tandems.

C

Would be residential and three are reserved for the commercial tenants. So while it's.

C

Not required, we still want to provide parking for the commercial owners. Okay,.

A

I think we've drifted into the design review discussion, even though we.

A

So, yes, sorry what it's getting late yeah! I know I I attention span is waning.

A

And I apologize to everybody here we were supposed to take a vote at 10 o'clock to go past 10 o'clock.

A

And we were it's well past that yep it is well passed down. So I wonder why I can't think straight.

A

Are we good with preliminary conceptual consultation with this application? I'm good.

K

I've said my piece: I'm not getting what I want so now. Let's consider design review acceptance.

A

I think we talked we, as I just said, I think we wandered into design review topics quite a bit.

K

Yeah I mean the topics are similar. We just don't take a vote at preconceptual right. We just.

A

But we schedule we schedule a design with you.

K

We need to schedule one right. That would be the next thing. Yes,.

A

Yes, please, mr chairman, I would uh vote make a motion to vote that we find design reviews.

E

Application complete and to schedule a public hearing for the. I guess it would.

K

Be the may, it would be the may meeting, not the april meeting we're here in april.

A

Is there a second second, any discussion.

A

All those in favor aye, aye, aye.

A

Passes we'll see you next month. Thank you.

A

Thank you appreciate your time. I might ask for workforce housing again.

A

Does the board wish to continue.

E

Mr chairman, if I might suggest something I know it is late and I'll certainly leave it up to the.

E

Board's discretion, if they'd like to continue, we had a presentation this evening where we were.

E

Going to kick off a phase one amendment, so I guess I've had a very patient person. What I'm at what I.

E

Was going to ask is that what nick could briefly discuss the phase one amendments and we could do.

E

The presentation at a later date and really just spend a minute talking about what we anticipate.

E

Will be a may 5th work session, rather than do a deep dive into the presentation we can save it to.

E

Then and then dive into the amendments at that time, just a minute yeah. That sounds good to me.

A

Would you like to hit the high points, mr crack now.

K

Because he's cold.

T

Thank you an overview to get them right, no you're going to do it.

T

No, I'm not doing an overview, I'm going to do a very quick summary of this phase, one! That's it.

K

Right the overview of phase one so again: nick recknell principal planner in the planning.

T

Department- uh apologies, it's so late to make this presentation. I will be brief.

T

uh What we're trying to accomplish with the phase one amendments is a code cleanup essentially.

T

As well as some administrative updates to the code and a couple of minor changes to the code.

T

All these relate to building height requirements and standards in the code and they're, primarily.

T

Focused on the character districts, although a couple of them are more broad-based than that.

T

So the second slide, if you can advance that uh the goals here are to provide consistency, not just.

T

With the vision plans that were put together in uh 2013-1415 in respect to the character districts.

T

But also the uh intent of the uh translation of that vision plan into the code and to reflect.

T

And be consistent with past practice at how we've been interpreting some of these building height.

T

Standards over the last eight years, uh we also want to fix some mistakes. We've done this three.

T

Or four times since 2014, we've adopted a lot of code, tried the code out and sometimes the code.

T

Doesn't work and we come back in and we make revisions, there's there's a couple of those.

T

Elements in these uh these uh amendments uh in this first phase, so we're hoping to.

T

Remove incorrect references, there's one on the building height map and make some clarifications.

T

In respect to building height and that's been discussed here a couple of times tonight.

T

In respect to people adding fill uh builders or homeowners, adding fill around a.

T

First floor that becomes a basement and the structure is increased in its height, often out of.

T

Sort of compliance with the vision plan, but within compliance of the code uh that there goes the rub.

T

So we're we're trying to address that and move from finish grade to existing. That's one of the.

T

Last amendments of the of the four main changes: if we go to the next slide, the four main changes.

T

Are really focused on the building height map we'd like to assign building heights to civic municipal.

T

Properties currently, there aren't any building heights along the street edge or the public places.

T

For municipal and civic properties, so we're basically rubber sheeting lines from the.

T

Abutting properties across municipal and civic properties, we are going to update the map to.

T

Reflect some new streets like foundry place that wasn't there in 2014, so we're we're applying a.

T

Building height down foundry place and the cul-de-sac where peter hapney's building is.

T

At the bottom, currently there's no building height associated with those properties.

T

The adjustment we're proposing that speaks to the one congress street project is.

T

uh High street high street in congress at the corner is currently an orange line on.

T

The building height map and it's allowing a third story with a short fourth and 45 feet.

T

Which is what the applicant is actually presenting for the entire block and the building height today.

T

Halfway down high street on the left hand, side, which is the one congress street side of the.

T

Street uh it drops to a green line, which is the three stories 40 feet as presented tonight.

T

Their building does not comply to the three stories. Forty feet: it does comply to the front.

T

Portion of their property and it complies with the character on the other side of the street.

T

So uh one of the amendments here is to consider adjusting that that building height to an orange.

T

Line for five feet again, irrespective of what one thinks of the building design.

T

Whether it's the prism, the windows or anything else, this is not got any relationship to that.

T

The historic district commission has two hands on the wheel and respect to how that building will.

T

Will look but it seems to make sense to us, at least in the planning department, that, given the.

T

Parking garage is already an exceedance of 45 feet at the end of the street. The building on.

T

The other side of the street is in exceedance of 45 feet that it it'd be consistent on both sides.

T

um Okay, so that was number the third bullet of number. One number two is to.

T

Clarify and this speaks to congress street clarify and other projects corner and through lots have.

T

Often different building heights on each of the streets, if you think of state and chief street.

T

You can have a shorter building height on chief and a taller building on state, because that's.

T

The character of the street, so if your property goes from one street to the other, the code has.

T

To determine and define how the building height is allocated across the property and right now.

T

We have a 50-foot step back, so the taller building uh cannot go closer. The taller portion of the lot.

T

Cannot go closer than 50 feet from the shorter uh end of the lot? We don't. We've been interpreting.

T

It the same way for six or seven years since it's been adopted, uh and we think you know there's some.

T

In artful language there in the wording that would be uh well served to be clarified and maintained.

T

Past practice on how we preserve the street edge and not have tall buildings creeping into.

T

Shorter neighborhoods, just because the property's been aggregated by adding even properties to it,.

T

And that happened on rain's app with properties being merged and then the building heights start.

T

Changing from what the vision was, okay and then well one sec and then adding development standards.

T

To civic districts, we currently don't have any, and we ran into this with the warner house, adding an.

T

Accessory building, we didn't have any development standards to apply against the property, so we used.

T

The budding cd4 for the warner house edition and that's where we recognized we needed to.

T

Have at least some dimensional controls for non-profits churches, other civic uses.

T

Because they they don't have building heights and they don't have development standards.

T

And then the last piece there is what I started with, I think, with the grading, how grading of a.

T

Property affects the building height and moving away from finish grade to existing grade. So very.

T

Quickly, looking at the four of them with some examples, if we go to the next slide,.

T

The building height map, those three uh arrows just point out the three different changes.

T

Adding building height standards to uh to the civic and municipal properties, you can see on the.

T

Building height map there's a lot of gaps where we sorry I touched it. uh I should know that more.

T

Than anyone uh all these municipal properties, wherever you see a gap in the building height.

T

It's because it's either civic or municipal, so we're proposing to add, uh touched again.

T

Colored lines uh around those properties, foundry places here you can see on the building height.

T

Map it doesn't have a color because it didn't exist in 2014 when we did the the north end. So.

T

We're proposing to bring the brown line down here and have a green circle around the bottom, as it.

T

Steps down towards the rock street park and then number three: uh this is the portion of high street.

T

That that shows the orange lines on both. I did not touch that uh you can go back to the podium.

A

We're good we're good you're, good, all right, we're good, we'll go to the next.

K

Slide, remember, I said stay here: here's the example of chief and state. I think you get it.

T

Many of these properties go from street to street, so it it's got to be clear in the code how the.

T

Building heights allocated across corner lots and through lots I'll go quickly here. Next, one.

T

Examples of civic districts applying the cd4 dimensional controls, uh so we know how they.

T

Can make adjustments to these properties over time next slide great plane, just some examples of how.

T

The how the system uh has worked well for the for the builders uh in the community. This is a.

T

Property, I'll just maybe focus on this one. This is on lafayette. This is actually a three-story.

T

Building uh the first floor is the underground parking, it's kind of like the last applicant.

T

That was here, they put the parking on the ground uh backfilled around the building.

T

That that fourth level, there is not enough to turn that into a first story. It's still a basement. It's.

T

More than fifty percent below grade, so that's not going to count as a story and they've back filled.

T

All around the site, it actually doesn't look that bad from the other side, but it's an example of.

T

How that's a three-story building this ended up being a four-story building that fifth floor.

T

This is at hannaford, was built on the ground and then backfilled and the measurements uh are come.

T

Six feet off the outside wall in order to turn that back into a four-story building, all right.

T

So we want to, we want to move from that to uh to the existing grade, so they that won't be allowed.

T

uh That's it for me, we're good, thank you so just to draw your attention to the milestones we'll be.

G

Going we have a may 5th work session to discuss the amendments that nick just ran through and at.

E

That time, we'll talk a little bit more about how we got to these amendments, um and then you can see.

E

That we'll be moving those along for a public hearing at may 17. I think the may 19th meeting.

A

Okay, we um we are talking about having a workshop meeting at the end of each month,.

A

Going forward but more importantly, I wanted to congratulate ray on his retirement apparel.

A

This is your last meeting tonight ray. Thank you. Thank you for your service, appreciate it.

K

I'm sorry you're going, we will miss, you we'll see you around town. I suspect oh yeah, okay,.

A

Let's see the bars, and I think that is it motion to insurance. Oh, you can make yourself listen.

C

Sure I can get them right now. No wait, wait, wait, wait gary wants to make them wishing to adjourn.

D

K

We just wanted to keep you here really late last night. Thank you dude. I didn't hear a second, so.

A

I'm not going to ask for one you had like 20 motions. I think that should count as a first.