City of Portsmouth, New Hampshire Technical Advisory Committee, 6 Dec 2022

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12.6.2022 Technical Advisory Committee

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Technical advisory committee meeting to order I'll note that um eric eby is with us on the zoom call.

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And that we have a quorum first item of business is the approval of minutes. From november 1st.

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Are there any changes or can I get a motion to approve.

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To prove, second, all right, all in favor, aye.

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Agenda 375 banfield has requested the postpone.

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Additionally, 212 woodbury, they will be postponing as well got a late confirmation.

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Yesterday, that so item a b and c are all postponing until future meeting.

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That brings us to item d.

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The request of jonathan watson, sobel revocable trust for property located.

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At 49 chief street requesting preliminary and final subdivision approval to subdivide.

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One lot with an area 5402 square feet and 50.55 feet of continuous street frontage on.

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Chief street and 22.93 feet of frontage on custom house court into two lots as follows:.

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Proposed lot, one with an area of 1855 square feet and 22.93 feet of continuous street frontage.

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On custom house court and proposed lot 2 with an area of 3548 square feet,.

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And 50.55 feet of continuous street frontage on chief street said properties shown on assessor.

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Map 107 lot 21 and lies within the cd4 and historic districts.

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Who's here on this matter is john, coming or yes, I believe so he's probably thinks.

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He walked in, I think he went out to get someone else. Okay, briefcase, oh briefcase,.

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I'll save him a seat.

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D

Welcome. Thank you.

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I think the main outstanding item was the addressing and I think pat was able to go. Make.

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A site visit there, any other items. John, you want to go over. No, it's pretty much the same with the.

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Confirmation of the address- all the zoning is good.

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And we included a plan for dpw for the for the water service. I think that was new.

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From last month- or maybe not maybe it was brought to the meeting so nothing else to add.

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Okay, any follow-up questions from anyone on tech comments.

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I'm just confirming you intend to go to the december. Are you that's.

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Your preference, okay yeah. I think the um notices have gone out. So yes, we've paid.

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All the fees we're up to date, so hopefully we can be on the december planning board agenda.

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All right I'll, just um open it up. If there are any public comments, anyone here from the public.

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And none will close that portion and open it up for tech for further discussion or emotion. I'd.

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Move direct approval: is there a second I'll make a second with the additional stipulation that the.

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Water line has to be installed and functioning before the solution can be approved or recorded.

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All right, um so we have a motion with that condition. All in favor, aye, aye aye any posts motion carries.

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Thank you. Thank you. Thank you. [music] um Item e on the agenda is the request.

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Of one market square llc, owner for property located at one congress, street.

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Requesting site plan review approval for the partial demolition and expansion of the existing.

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Structure to construct a three-story building with 58 780 square feet of gross floor area, twelve.

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Thousand eighty square feet: square foot, building footprint, 13 parking spaces, an associated on-site.

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And off-site improvements said, property is shown on assessor map, 117 lot 14 and lies within the.

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Character: district, four character, district, five, downtown overlay and historic district.

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This item, we didn't have a new submittal, but the applicant wanted to come and talk about.

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um Some of the the off-site improvements and kind of the process going forward.

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um I know beverly's been involved in in contact with mr shagnon.

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So I think that's kind of the discussion for today.

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um In advance of another submittal for january, is that correct, that's correct um for the benefit of.

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The advisory committee, we have a quick quested, given the scope and magnitude of the public.

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Improvements proposed for this project that they track on a separate track um that we basically.

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Bifurcate the site plan for consideration by the planning board. I mean all the requirements and.

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Stipulations to get that move forward out of tech and that we let that proceed to the planning port.

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And that we ask that the public improvements, I believe the applicant is in agreement with this.

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Strategy that the public improvements associated with the site and around the site be developed and.

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Then reviewed we we like to see you continue some engagement with the budding property owners, but to.

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Fully develop the the off-site improvements and um uh improvements to the right-of-way areas and.

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Bring those back to tac for review and giving us some any feedback you had received from the.

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Public and we would uh work to finalize those and move those to council as they are the approving.

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um Authority for the easements and all the street license that licenses. That might be.

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Required for that project it is a very big project. We think that engaging the council earlier in this.

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Process and potentially the community because it will affect abutting property owners earlier and.

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Having that track simultaneously might be a way to make sure that each portion of this project is.

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Fully vetted and received early approval from the um the the bodies that need to approve those plans.

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Does that make sense? Yes, thank you we'd like to see some, um and that would also be true to to.

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Move and we will formalize this in our response to move the. um I know the proposed removal of parking.

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To the parking traffic and safety committee and use that uh that recommendation, as you.

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Take it forward to council, with your final public improvement plan for the area surrounding the site.

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Yes, thank you. So the the applicant is uh very much in agreement with this way forward and.

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They will engage the stakeholders and whatever other departments need to be engaged to uh plan.

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For the off-site improvements we'll come back next month with a site plan that just deals with.

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The site itself and um in regards to high street, we may come back with the plan that just shows.

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The site connecting to utilities and utility work necessary, but not the street improvements.

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And the need to go to traffic and safety then, would be a part of the process going forward.

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With the stakeholders and the public putting up to the council for the street improvements, you.

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Mean for the horizontal street improvements we'll probably do the infrastructure improvements, so any.

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Improvements that are needed to support the site plan should be provided as part of the site plan.

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So that we're able to understand that the lot is fully served and it's appropriately served.

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By utilities- and we would likely recognizing that some of those street license the temporary.

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Construction licenses and any easements they should be, they would be reflected on the.

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Plans- and you know addressed as stipulations but obviously are not as they normally are, not part of.

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The approval of the planning board, but really just a stipulation of approval, going forward.

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So we did submit for this meeting a license plan just to go over that if you, if you do.

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Have that to bring up, let's see, if you don't um it's fine, the identified licenses that.

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Would be necessary for the site development are essentially some awnings along high street and.

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The applicant would like to propose cautionary lighting that would be strung from the proposed.

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Building to the building across the street, with the appropriate approvals, of course,.

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Of the neighboring property owners would those be licenses or easements to hang those in perpetuity.

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Well, we're proposing that they be licenses. Is it our buildings that they're being attached to john.

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Or are they private property owners buildings so there'd be private property owners on high street.

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um Further down haven court and then the alley that leads to fleet street those would be between.

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The newberries building and the parking garage and then the new marines building and a series of it's.

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Not that plan right, I don't think we have, I don't think it got uploaded to the it's an age. It's in.

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The viewport as an attachment, if you can go there, but let me see um we'd, probably want to take some.

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Time with them anyway, just to be sure- and those are the only uh real licenses that we identified.

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Because the rest of it would be sewer and water connections and utility improvements, which are.

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Typically, I do mean that are that are required for the site plan or and that the public improvements.

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Okay, understood those yeah, so we just anything needed to support the the development within the.

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Boundaries of the site, including utilities or any other associated easements or licenses, so.

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Recognizing that the licenses will track and- and I spoke with peter rice briefly- and he suggested.

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That, certainly, if there's work to be done with the tech, I believe we still are looking for more.

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Detail on ladd street but, as you start to separate out the projects, you know certainly recognizing.

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That they are connected, but, as you start to separate them out, he thinks it would be most.

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Appropriate for the planning board and within the sequence to get that approval before you seek the.

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Approve from council, but certainly there's work to be done in the interim, so that you can cue.

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That up within a reasonable amount of time after your planning board approval. So I think if you.

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Do plan to do outreach to surrounding property owners and to continue to meet with this board.

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To review the public improvements, I recommend you, you know that you we are recommending that.

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You, of course, go to parking traffic and safety for any elimination of parking. We'd like to see.

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You go to the newly formed. I think arts and cultural committee is that the name of it.

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Help me, I think, that's it that we rec. I think I wrote it down actually that you um see there's.

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Three improvements, uh I think, for any uh public art improvements. You know just receiving some.

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Input, I think that would go a long way with the um public arts. uh I think uh committee, which.

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um And I think we can provide contacts for you. That might be a good contact and good.

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Recommend good recommending body to vet some of the visual improvements through that you're doing.

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That are more, you know, artistic in nature, and I think you had a few things like that.

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um uh And that uh I think all of that would um uh certainly is, as it relates.

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To the public right-of-way improvements, uh the council would probably be looking for.

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Those recommendations, as they uh approve any licenses that are needed uh any easements, that.

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Are needed any joint use agreements that are needed, understood yeah. I think it's a.

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Private funding of public infrastructure, so that definitely will go.

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And we, and uh I think that the direction I have is that as you work through, that separate set.

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Of plans that we would be this is your working group. I will review those as you uh develop. Those.

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And certainly would like to be apprised as you do any engagement or outreach with surrounding.

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Property owners- I think council, of course, that will be very interested in that as well. We can.

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Make sure, as we move this forward to the council, to get those necessary approvals that we are able.

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To support that in a detailed narrative of what I know will be your due diligence too.

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Sure that you've engaged to whatever degree you can about an affected property owners.

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So if I understand what you're saying when we it's important to outreach to the public for.

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The public improvements in the streets and if we do any stakeholder meetings, then we would invite.

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This committee, to be involved in that you might just make back here with design plans. I think the.

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View made us aware, I mean, I think that you can make swear of that. I don't know if the entire.

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Committee would end up attending something like that, but, as you get results of who attend you.

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Know who attended here's the feedback we've received and present that as when you as you.

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Continue to improve those public improvements and we can summarize and capture that input and then I.

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Think the role of this board is to review whatever changes are spirited by those conversations and.

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um In that process, we can work together to respond to that in a way that meets our designs and safety.

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Standards: okay, yes, so we'll report on those meetings, I think that's fine and we, I think.

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We'd like to be apprised with me, is it maybe you know maybe that while the planners attends.

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Just to kind of get the general tenor of what's occurring, but I think um we'd like to uh you know.

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Put that in your hands in that outreach for those public improvements. Okay, I understand.

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And then procedurally, it's not an application. That is a typical technical advisory committee.

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Application, so when we create a some sort of portal to put them up, we can work on that.

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Sort of like a oh, I see what you're saying you mean a way to post them, so recognizing it's not.

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Going to be something that moves forward, as you know, um I think that I think that what let me.

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Check on that, because I, if we may just move it forward as a you know, courtesy recommendation to.

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The council that we've reviewed it for our design, standards and traffic and safety and those things.

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And then part of that report would include that you know what the parking traffic and safety has.

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Recommended and then hopefully we can understand what the um arts commission recommends and how.

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You've responded to that. Then all of that could go forward to council whether we would do a formal.

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Recommendation, let me confirm that, but we would definitely like to see that presented in this.

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Body and that way any as the discussion continues, those documents would also be available to the.

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Community, if they'd like to see those through this through this forum, which is a public forum.

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Sure so does that make sense? John, yes, okay! I was just thinking procedurally, if there was site plan.

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Will follow the same procedures right exactly? It will be the same, this other process. If there was.

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Like I just need to know when you want information and how you want it, so you can tee it up and it.

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Won't follow the usual deadlines, I would imagine or procedures, because it's kind of different.

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um I think it probably would if we, because we were posting it but we're not. I don't know that.

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We are, I have to check and see. I don't know that we would do uh the regular notification.

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I'd have to just see with staff what we would do, but we would definitely like it to this is.

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Really the most comprehensive body of people that will be reviewing your reviewing it and.

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Helping you move it forward to council. um I don't know that uh uh you know there's. I think.

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We're going to be reviewing for the typical things that are primarily in public works.

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um uh I think wheelhouse they'd be obviously looking for things that relate to um you know.

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We're taking maintenance at some point of a lot of these improvements, so they might have input about.

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um You know how to facilitate that questions have been raised about, for example, snow removal from.

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Stairs so we'd want to come to some sort of understanding about how that would would be managed, and I think other questions relate to fire and safety and all those things that we.

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Consider every time we start to work on a project that is changing where the public enters so.

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um I think this would be the body to do it I'll, follow up with you and about how we can.

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Coordinate that, whether it's just through these meetings and submittals, if it's work session, we.

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Usually have a little bit more latitude with the submissions on the work session. But I think that.

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It probably would benefit the project to have a formal sort of recommendation, as it relates.

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To the things that we review as a staff as it moves forward to council for that final approval,.

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And then the site plan, of course, just follows the regular plan. Anything it.

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Would normally yeah we'll separate that out for the submission for the january.

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And so, and we would expect, as we start to work through our comments, that you're able to bifurcate.

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The ones that apply to each section and then satisfy those in your letter as you submit your.

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Revised I plan. I think it would certainly be okay to include a larger concept plan for the planning.

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Board they understand and we can help with the language in the memo, so they can understand the.

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um How and the the reasoning for creating this um process that allows a little bit more.

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I would say engagement and.

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um And, and uh and review earlier in the process rather than at the very end.

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uh Total package, when we did the concept, uh design, review meetings.

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All right does anyone else on tac. Have any comments for.

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Shagnan at this time, do you have any other questions or no okay? Thank you for your time and I.

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Think this is going to be a good way to go forward. Thank you all right I'll. I don't.

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See anyone from the public here but I'll offer anyone want to make any comments at this time.

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If not, we'll look for a motion to continue, second, all in favor. Thank you. Thank you.

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All right brings us to new business, um the request of brady j bird and brian l neste. I think.

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Owners for property located at 184 walker, bungalow, road and 27 shaw road.

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Requesting lot line relocation to convey 3834 square feet of area.

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And 26 feet of frontage from lot 223 18 to lot 2, 23 19., said property is located on assessor map.

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223 lot 19 and lies within the single residence b district. Who is here to speak to this [applause].

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John chanagan from ambit engineering back again, so the first thing I'm doing is passing out.

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uh Some information that I just became aware of today, the property that is 27.

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Shaw road has been sold, there is a new owner and I have an authorization from that new owner and.

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A copy of the deed, so I'm now representing a new owner and the plan will be updated.

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To reflect that before, obviously we go to the planning board, um we were here.

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Last month and trevor mccourt asked us to make some changes to the notes which we've done.

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uh Note uh there was a note that was eliminated and um note 8.

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Was added per the memo that trevor supplied to us the staff comments.

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There's only one comment: I'll read it into the record: provide details on note.

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9 regarding maintenance, ownership, easement rights, installation, etc. So there's an area.

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Of the proposed transfer that the grantor wants to reserve for future drainage improvements.

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That note 9 says the area to be conveyed is subject to a reservation for use as a drainage.

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Pond, maybe pond isn't the best word, but that.

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Is part of the grant tours requirements for the transfer of the property to.

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um 184 walker, bungalow road and that particular improvement is not being either designed or.

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Constructed by brian and or brady bird, so they're not prepared to talk about or a burden. This with.

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Details on the maintenance ownership, the easement rights, then and installation. um I think the.

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The language of that reservation can certainly be reviewed by the city's legal department.

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As a part of the approval of the subdivision, but um it's not my client's intent to.

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Instruct that feature they're simply looking to acquire the property from the butter.

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Hopefully, work through that today and move on to the planning board.

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All right, thank you. Any comments from tac.

H

The off-site drainage easement is that for 223, 18 or 4223 18-1, I believe that's for 18-1, so.

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um There was, there is a drainage facility on the southerly property line of 18-1.

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That um that easement was created to allow that drainage flow through a lot 2 to 3 18.

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I believe that was a part of that subdivision approval for those laws.

B

So is that the is that drainage up in the upper left corner of the lot coming up, 223 18-1.

B

What was intended to go in the drainage easement, that's on the lot subject lot here document. No, it's entirely to support 18-1, okay,.

B

So all you're asking for at this point is the lot line to be adjusted. That's correct.

A

Any other comments, any one from the public wish to speak on this application.

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Seeing no one will close the public comment portion.

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Any any more comments or.

B

I don't have any move to recommend approval all right, there's a motion. Second, second,.

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Any further discussion.

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All in favor, any opposed all right motion carries. Thank you.

E

Thank you I'll update the owner. Okay for the planning board submission. Yes,.

E

Thank you thanks all right item b under new business is the request of torrington brown.

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Llc in single venture llc owners for property located at 132 and 134 middle street, requesting.

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A conditional use permit approval to provide seven parking spaces where 17 spaces are required.

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As permitted under section 10.112.62 of its owning ordinance said, property is shown on.

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Assessor map 127 lots, 11. 12 and is located within the character district, 4-l1 and historic districts.

E

Good afternoon john shagnan again and uh greg.

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Mcilities, who you're all familiar with is also assisting on this application.

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So this application was approved in a slightly different form um two and a half years ago, and.

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There were parts of that that were subsequently extended. The approvals were extended, however, the.

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Is an oversight that the conditional use permit did not get extended so we're here.

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To re-permit this conditional use permit on the property 132.

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And 134 middle street there are, they are two separate lots, but the building is uh one building.

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That's bifurcated by the property line down the middle, and currently there was a commercial use.

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In 134 and my understanding is that up until 2017 it was a dental office in that use ceased in the.

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Proposal is to convert that to a residential unit, so there is a change in the configuration.

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Of the interior, in that the commercial unit is now going to be changed to a residential unit.

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In looking at the parking [music] space calculations in the top left hand, corner of the.

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C2 plan there was a calculation for existing space requirements under the portsmouth ordinance and.

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The based on the number of units, 17 units being under 500 square feet and one unit.

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Being three units being between 500 and 750 square feet and then based on the current use, not the.

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Dental use, which would probably require more parking, but I believe if we look at that space.

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As office, we come up with a required parking, adding visitors to the 20 units of 18 spaces.

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The proposal is to eliminate the commercial use and have 21 residential units and the 17 units.

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Are still the same size there's no changes to the sizes of the units. The application before.

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Contemplated putting units in the basement and making the sizes of the units change, so it was.

E

Sort of a different application in that regard and it required more parking than this application, but.

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um 17 units are going to stay the same, and then the three units becomes four units in.

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That unit that's added, is in the 500 to 750 range.

E

So it adds one parking spot same number of visitor spaces, so the total.

E

A parking space requirement is 17 down one from the commercial use.

E

The plan has unit areas and bedroom counts, and it shows that on site there is some.

E

Parking available, the property has uh parking on either side of the building.

E

There's space for two cars on the right hand: side as you come off of middle street, two on the left.

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Hand, side those are stacked and then the property has an easement out to state street and coming.

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In off of state street, in the back there's space for three spots, two which are stacked.

E

And for a total of seven on-site parking spaces, there was another parking space that exists, that.

E

The previous application, it was noted that it's in the front of the building, so it doesn't meet.

E

The ordinance that space will be eliminated and it's noted on this plan to be eliminated.

E

um Let's see the.

E

E

Staff comments for this.

E

Cup methodology is, okay, just need to be sure that all vehicles can get in.

E

And out of parking spaces on site, as shown, and we believe they can get in and out on as.

E

Shown it is tight, but they are stacked. So there has to be some coordination with.

E

With other unit owners and then consider adding more bike, racks is the second comment and prior to.

E

um And as a part of the new owners of renovations that they're undertaking as union owners.

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Leases expire, the new owners are just up renovating units, they did install bike racks.

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On the building, so there's a series of four it's two installations, but they can control two bikes.

E

And those are um and off the pointers available, but uh I've shown in the picture one is on the.

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North side of the building and one is on the south. The plan shows some further additional.

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Bike racks and the applicant is willing to also add those, so that should answer the question.

E

About adding more bike racks, uh we look for your recommendation to the planning board and.

E

um If you've got any questions, we'd be glad to answer them. I don't know if you have anything.

E

All right, thank you. Any questions from tech in the comments.

E

Instead of a clarification, we're just looking at parking for this right just.

A

And really the parking demand analysis is what's supposed to come to tax.

A

Eric did you have any comments? Are you you're all set.

A

But the demand of going down by one.

A

All right thanks.

B

So is there any process for reserving spaces or is it first come first serve? How do you guys work.

B

I was the owner working that.

E

Yeah, um I think they're definitely inquiring of the tenants. You know if they need a space or not.

E

And they're finding that, typically, they don't the people that are there's a well-served group.

E

Or a group that is served by this- that don't have vehicles, because it is so close to the downtown on.

E

Public transportation, so they understand the need to coordinate the stack, parking and understand.

E

If there's uh that they have to identify the people that are going to be using those spaces.

E

To work with them, so the new tenants are fully informed in the situation. Yes, absolutely yeah, so.

D

The the tenant agreement would basically stipulate whether or not parking is included. So there's not.

D

A you know some sort of an issue down the road right yeah. That's definitely agreeable that.

E

It's clear: it's clearly going to depict that you don't get a parking spot and you're on your own.

E

To find a space in the facilities like the hanover garage or the foundry garage, or make an agreement.

E

With someone, maybe you don't have a vehicle at all. I mean it's. It's a choice. If they're buying.

D

A place without a without us, I mean without a spot, then right. These are rentals rentals. These.

C

Are new owners and all the old leases are month to month, so they're as they're? Renewing the leases.

C

They're bringing it all up to adding language like that or or this saying that there's no parking.

C

um So there these guys are they've owned it for a year now, right so they're trying to bring it.

C

Up to speed, I guess everybody in there is a month to month. That's what they told us. Okay,.

E

And you're probably aware that this, this is the last step in the full renovation.

D

Yeah, I don't think I was wherever yeah.

A

I'm just curious everything, but this I have the variance there's conditional use, ran out.

C

When they bought it, they didn't realize the conditions they didn't even realize they had.

C

A conditional use permit, the seller only gave them the variance. I talked to people.

C

About this, so they knew they had the variants. They didn't know that they had a conditional.

C

Use that expired, yeah and the variances for the removal that office the dental office.

B

Oh right in conversion to the residential residents, do they need a lot area for.

A

Dwelling unit for the number of units- yeah yeah, it was a density. That's why I want to make sure.

E

And there was htc approval. I believe too sure.

E

Maybe last step before maybe but the new owners are aware.

D

I'm good john, what did you mean when you said this is the last step in the renovation.

D

In the process of getting the permits for the renovations, oh the last step prior to.

E

Applying for building permit is that we've got to go to the planning board after this.

A

All right, um any public comment.

A

Close that portion.

A

And open it up for just further discussion or.

A

Wants to make a recommendation, we did see this a couple years ago. Yeah. I support.

B

This, I think, as long as the tenants are fully aware of what they're getting into.

B

It supports sustainability in the city and less less cars and less congestion.

B

um So there's people that can live without a parking space- that's great! So I'm going to.

B

Vote for it I'll make unless somebody anything else, I can make a recommendation to approve.

H

Second, any discussion, all in favor, all right, any post motion carries. Thank you, okay. Thank you.

E

So this would be planning board.

E

Right we'll update the plan with the extra bike racks, okay, foreign.