Portsmouth leaders: Think there's too much development? Work on zoning, master plan

PORTSMOUTH — Several city Planning Board members — along with Mayor Deaglan McEachern — strongly disagreed with claims by Jayne Begala the board has become a “virtual rubber stamp” for developers.

Begala, who resigned after last week’s board meeting, stated that the Planning Board has become “a totally ineffective, almost powerless body.”

She pointed to recent development in Portsmouth and stated the Planning Board “has approved many new luxury and market rate condos, some with penthouses, many new hotel rooms, and very little actual affordable workforce housing that City Council claims is their big priority. ... Many parts of Portsmouth are losing their historic character, and are starting to look like a suburb of Boston."

Reached Wednesday, McEachern said, “I would disagree with that” when asked about Begala’s comments that the board was ineffective and a rubber stamp for developers.

“The complete opposite is true,” he said. “I was disappointed obviously that Miss Begala … couldn’t complete her term."

McEachern stressed Planning Board members must follow the city’s zoning ordinance and approve proposed projects that meet its guidelines, regardless of how they personally feel about a project.

“We have rules, their job is to follow those rules,” McEachern said. “The idea that the Planning Board is somehow going to stop private property owners that follow the rules for zoning, that’s a take-your-ball-and-go-home sort of attitude.”

He encouraged Begala — and any other city residents who disagree with current zoning — to work with the City Council to change it.

“If we’re tired of seeing hotels instead of affordable housing, let’s talk about that,” McEachern said. “But to believe somehow we can just not follow our own rules that we set, it’s not how government works.”

He also encouraged residents to participate in the upcoming process to craft a new master plan for Portsmouth “that we can all be proud of.”

Portsmouth residents who want changes need to look at zoning and master plan, chairman says

Planning Board Chairman Rick Chellman, who was appointed to serve on the volunteer board by former Mayor Rick Becksted, disagreed with Begala’s statements, calling them “untrue.”

He stated that Begala showed “a fundamental misunderstanding of the role she had,” adding she was “not happy obviously and frustrated and angry.”

Chellman explained once zoning rules “are in place, there’s not a lot of discretion” left for board members voting on a project.

“There’s some permits, conditional use permits being one, where there’s a small amount of discretion,” Chellman said, but board members must judge projects based on the zoning that’s in place.

He noted too that applicants — particularly on larger projects — “spend a lot of time and money on a multi-disciplinary team” making sure the project is in top shape.”

Before projects come before the Planning Board, they must first meet with the city’s Site Plan Review Technical Advisory Committee, he said.

The committee, which is made up of city staff, including multiple members of the Planning Department, work to iron out all the technical details to make sure a project is ready for Planning Board consideration.

“By the time it (a project) gets to the Planning Board, there shouldn’t be significant technical problems with the application,” Chellman said.

Reviewing applications also involves “Constitutional property rights, both for the applicants and for abutters,” Chellman said.

Making “whimsical decisions based on who you like and who you don’t like aren’t good for anybody,” he said.

Chellman explained board members are “supposed to have some decorum and treat everybody fairly, and that’s what we try to do.”

He also encouraged residents to get involved with the new master plan process.

“We really want significant public involvement and not just the usual suspects,” he said. “The master plan is the constitution for all the land-use regulations. If the public wants Portsmouth to do different things, the master plan is the place to start."

Catering to developers? Former mayor says it's happening

Former Mayor Rick Becksted appointed Begala to her second term on the Planning Board as a regular member, after she was first appointed as an alternate, he said.

Asked about her comments, Becksted said, “Do I believe we tend to cater to developers? Yes I do.”

He added, “We’re having residents leave at a rapid rate,” because of what they see as overdevelopment.

He too acknowledged that “you could see the frustration” with Begala at recent board meetings.

“All residents have a right to their beliefs,” he said about her comments.

Becksted believes the city’s land use boards “need to be more balanced,” to “basically have some diversity so not everyone is agreeing on everything.”

That’s why he appointed different members to land-use boards when he was mayor in a term that concluded at the end of 2021.

“Right now we’re seeing all high-end stuff and all rentals and development is happening at a rapid rate,” Becksted said. He said he has been hearing from a growing number of people who have either left Portsmouth or are planning to leave.

“It’s just not their town anymore, it doesn’t feel like home anymore,” Becksted said.

Board regulated by state law

City Manager Karen Conard, who serves on the Planning Board, said, “I don’t share her opinion and I’m not sure that other members do as well,” when asked about Begala’s comments.

She noted that the Planning Board “is regulated by state law … and has sets of rules and findings we need to follow.”

“What is set forth in terms of what controls growth and land use and development in Portsmouth and any community … is the zoning you have in place,” Conard said.

If you don’t like the growth and development in Portsmouth, “you modify the zoning,” she said.

She stressed Planning Board members must follow the established zoning regulations.

“If a developer is following the zoning and understands how to build and redevelop, then the Planning Board has to recognize and honor that,” Conard said. “If there’s nothing to challenge, then it’s fairly black and white.”

Conard credited the work of Technical Advisory Committee members for sometimes holding several meetings to address any zoning or technical issues before a project gets to the Planning Board.

“The staff here maintains the same level of professionalism day in and day out as part of those meetings,” she said.

The work done by city staff on the Technical Advisory Committee often leads to the creation of “better projects that come before our board,” Conard said.

'You can't freeze Portsmouth in time'

Joe Almeida is the city’s facilities manager and also serves on the Planning Board.

He formerly served on the Historic District Commission, where he was chair for five years.

He acknowledged he was “very surprised” by Begala’s comments and “couldn’t disagree with them more.”

“I think the board is doing a great job,” he said Thursday. “I have full confidence in our chair and vice chair (Greg Mahanna). We’re a board that has to respect the laws and property owners' rights. They have to be scrutinized in a very real way.”

He believes it takes “a lot of work to educate yourself for any individual application, never mind the topic itself.”

“It’s a huge amount of work to understand the process, the zoning, the laws, the requirements,” Almeida said. “I understand that most people don’t have that amount of time to study it, but it’s frustrating to be on a board and have people come to the podium without really understanding the process and fine details.”

His more than 12 years on city land-use boards have taught him that it’s “not realistic,” for “someone who wants to freeze Portsmouth in a particular time and not see any change at all.”

“It’s a city, the very definition of a city is change,” he added.

He encourages residents “to embrace and shape that change and be part of guiding it.”

Almeida does not see development in Portsmouth “slowing down at all.”

“The region is so special and the secret is out, it’s just a very desirable place to live,” he said.

Planning Board member Andrew Samonas sat next to Begala at board meetings for 18 months.

He came away from that experience “with not only a great deal of respect for Jayne, but for everyone else on the board,” he said Thursday.

A real estate developer himself, he acknowledged their actions are governed by zoning rules and regulations.

“While we do want to have discretion and authority over these projects, we are at the will of our zoning code, which we are constantly updating, revising and modernizing,” he said.

He understand how residents can be frustrated with development in the city.

“If they want to be engaged, reach out to folks on the City Council and Planning Board to understand the zoning ordinance,” he suggested.

Samonas also encouraged people to participate in the new master plan process.

“We don’t need endless hours of involvement, we just want to hear their opinions and insight,” he said.

This article originally appeared on Portsmouth Herald: Portsmouth leaders defend Planning Board against 'rubber stamp' claim