Lawyer rebukes Portsmouth residents’ challenge of Bartlett St. project
PORTSMOUTH – A lawyer for the developer of a 152-unit condo growth alongside the North Mill Pond claims a lot of the enchantment filed by residents after its approval needs to be dismissed, whereas different parts are “meritless.”
Michael D. Ramsdell, the legal professional for developer Eddie Hayes, said in response to the enchantment that the group who filed the enchantment waived 4 of the 9 counts they raised on enchantment “by not elevating the claims earlier than the Planning Board or in any other case preserving these points for enchantment” through the April assembly when the challenge was accredited.
The Board of Adjustment, the place the enchantment was filed, doesn’t have jurisdiction to deal with three of the counts, Ramsdell additionally contends in his 18-page response to the enchantment.
Response to residents’ enchantment
“The remaining counts on enchantment are meritless,” he mentioned in response to the enchantment filed by a gaggle of about 30 residents.
Ramsdell factors particularly to the group’s competition {that a} terrace within the growth blocks the Dover Road view hall.
“The proposed terrace sits between three-and-a-half and thirteen-and-a-half ft under Dover Road—relying on the place one is standing on Dover Road—and couldn’t block any supposed view,” he mentioned.
He additionally disputes the allegation that one of many proposed three buildings within the growth at 105 Bartlett St. exceeds the 50-foot top restrict.
“This is also unfounded. Measured from the grade airplane to the highest of the proposed constructing, per the protocol set forth in Portsmouth’s Zoning Ordinance, the tallest constructing is 50 ft,” he mentioned.
The enchantment, which is anticipated to be heard someday in July, seeks to have the Board of Adjustment vacate the Planning Board’s choice to grant website plan approval to the challenge, together with approving conditional use permits, together with one that permits builders to construct within the 100-foot wetland buffer.
Portsmouth:Residents fight ‘massive’ Bartlett Street apartments development
Appellants issues
“The appellants state that the Planning Board misconstrued, misinterpreted and/or misapplied quite a lot of provisions of the Portsmouth zoning ordinance and, in some circumstances, failed to watch these provisions altogether,” Portsmouth legal professional Duncan J. MacCallum, who represents the residents, mentioned within the enchantment. “Moreover, the Planning Board’s … actions had been in direct battle with two prior selections of this Zoning Board of Adjustment.”
The Board of Adjustment, MacCallum mentioned, denied two requests in January 2020 by the builders “for variances which might have allowed them to erect buildings or different buildings blocking the Dover Road view hall, and allowed them to erect buildings greater than 50 ft in top.”
The group, as a part of its 12-page enchantment, states the challenge is “the product of illegal spot zoning,” which occurred when the Metropolis Council voted to rezone three adjoining heaps and redraw the lot strains for the builders’ profit.
“The brand new zoning district (or three new zoning districts, relying upon how one chooses to view them) had been tailored for his or her plans, and the result’s a large challenge which clashes with the character of the adjoining neighborhood: three huge, four- and five-story buildings (when taking into consideration the so-called “underground” parking garages) set beside a predominantly residential neighborhood composed of 1- and 2-story homes and small industrial buildings, blocking the neighbors’ view of the North Mill Pond,” MacCallum mentioned.
Planning Board:152-unit North Mill Pond housing development gains key approval
The Planning Board in April accredited the event at 105 Bartlett St., referred to as the Residences at Islington Creek, which along with the 152 flats features a 1/2 –acre public park alongside the North Mill Pond and donated rights to the town for about ¾ of a mile of the lengthy deliberate North Mill Pond Path and Greenway.
North Mill Pond Greenway:‘A huge amenity’ for Portsmouth
source https://fikiss.net/lawyer-rebukes-portsmouth-residents-challenge-of-bartlett-st-project/
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