Portsmouth Council Gets Earful on Zoning, Development

The Portsmouth City Council is continuing tonight to debate zoning in connection with development, including how ordinances might affect a proposed project for a Whole Foods Market, conference center and parking garage in the city.

Residents discussed the pros and cons of the city's conditional use permit, its possible repeal, and introduction of form-based zoning ordinances to best achieve sustainable growth. It was the council's intent to have a "carve-out" for HarborCorp LLC – for the Whole Foods Market, conference center and garage project – from the repeal of the conditional use permit.

The council was still in session as of 11 p.m., but here are some of the comments during Monday night's public hearing:

Doug Bates, president of the Greater Portsmouth Chamber of Commerce, noted the chamber supports retaining the conditional use permit.

"Apparently,” Bates said, “the Planning Board, which voted 7-2 to retain the C.U.P., and the Economic Development Commission, who voted unanimously to retain the C.U.P, do not carry enough weight to sway this council."

"It's very disturbing that you have raised doubt about your willingness to trust their judgement. I fail to see any attempt to compromise as some of you have suggested and that is not indicative of a ‘good fences make good neighbors’ approach."

Jay McSharry, a resident and business owner, asked the council not to repeal the conditional use permit.

"If you were to tear down everything above 45 (feet) right now, it would be a pretty ugly city,” McSharry said. “And I think it's more about what we're putting up, and not the height, and so I think it creates small-mindedness to try to control everything by height limit."

Harold Whitehouse, a former councilor who spoke on the issue, said a walk around the city shows Portsmouth “bulging at the seams.”

“The time is right for a moratorium on building permits,” Whitehouse said.

Chris Thompson, principal partner with HarborCorp LLC, which has the plans for the Whole Foods Market, conference center and parking garage, took out a tape measure and measured it out along the floor of Council Chambers.

“This is 15 feet,” Thompson said. “You’re about to vote to kill our project over 15 feet. Here’s a plan showing most of our building at 45 feet. Some of it needs 60 feet, but certainly not all of it, as you can see. We’ve stated clearly at first reading, and second reading, and now at third reading, that our project cannot be built at three and a half stories. We can only build our North End project, with a conference center and a Whole Foods Market, if the city reinstates the conditional use permit. I want you to know that this is not a threat, it’s just a reality.”

"A project like ours needs to be undertaken in partnership. In most cities when a development team with our track record, our reputation for building quality projects, and for taking a risk on this city when nobody else would – when that developer comes along and wants to build a conference center and downtown grocery store and public parking in a city that has called for all three for years, a city typically welcomes them with open arms. We’re not asking for handouts. We’re just asking for you not to kill this great project.”

Sarah Lachance, a resident of Coolidge Drive, said that eliminating the conditional use permit is the wrong decision and sets the wrong tone for the city.

“First," Lachance said, "removal of the conditional use permit sends a message of no confidence from the City Council to our land use boards. Trust our board members to make thoughtful and informed decisions on behalf of our city and use the process to vet and appoint members to the boards to make the right decisions."

"If the council desires more oversight, propose and support tangible policy changes like the strengthening of language in the conditional use policy as recommended by the Planning Board.

"Second, removal of the conditional use permit is purely a means to stifle growth in the city. The conditional use permit is needed now and will still be needed even after form based zoning is enacted for the parts of downtown that it does not cover. We need a workable and reasonable solution in place to manage the exceptions when, not if, they arise. Finally, we as a city stand to lose the ability to negotiate for valuable trade-offs that could improve Portsmouth for all of us. Wider sidewalks, more green space, smarter architecture and better integration of private buildings and public spaces is vital."