Judge Rules on Legal Battle Over Strawbery Banke Ice Rink

An ice rink at Strawbery Banke could soon become a reality.

The Zoning Board of Adjustment approved the "Puddle Dock Pond" in June, but a group of about 20 residents in the Gates Street neighborhood filed a legal challenge to plan, arguing the noise and activity would negatively affect their quality of life.

Strawbery Banke officials have said the rink will be a community gathering place for a healthy activity like skating. The two sides made their case to Judge Kenneth McHugh during a hearing in Rockingham County Superior Court earlier this month.

McHugh this week upheld the ZBA's approval of the plan. The Planning Board still needs to approve the project.

Larry Yerdon, Strawbery Banke's president, released the following statement Friday:

"We thank all of the many, many citizens of Portsmouth and friends of the museum in the wider Seacoast community, and beyond, who support the idea of putting an appropriate public ice skating rink at Puddle Dock during the winter months. We especially thank the volunteer Puddle Dock Pond committee, trustees and staff who have put long hours and personal resources into moving the vision forward. It is extremely gratifying to know that in New Hampshire, the opinions of a limited and self-serving few cannot outweigh the greater good for the community."

Proponents of the rink raised more than $17,000 through an online fundraising campaign for legal fees for the court battle.

The $300,000 rink would be 12,500 square feet—about a third smaller than a professional ice rink. It would operate seven days a week during the winter. There would be a Zamboni and a skate-sharpening area. Plans also call for a cafe that would serve hot drinks and alcohol.

Lawyer John Springer, representing the Gates Street neighbors, likened it to a commercial operation that would intrude on the neighborhood.

"This is a commercial rink," he told McHugh. "It has nothing to do with a historic museum."

Lawyer Peter Loughlin, representing Strawbery Banke, disagreed with Springer's characterization.

"The goal of this ... is not to make money," Loughlin said. "(It's) a place to learn and gather."