Zoning board grants variance to build on private way at 0 Alice Avenue, Prudence Island

The Portsmouth Zoning Board of Review voted to grant a dimensional variance allowing construction of a new dwelling on merged lots at 0 Alice Avenue on Prudence Island, where many streets are private ways not formally accepted for public maintenance.

Applicant Lourdes Tele told the board she had merged two vacant lots and seeks permission to build on a private way because many Prudence Island streets function as public roads in practice but are not legally accepted or maintained by the town. Board members and staff discussed precedent: the town has previously allowed development on these private ways, and several existing houses and recent construction on Alice Avenue illustrate that precedent.

Members asked for assurance about emergency access and utilities; staff and the applicant said existing use demonstrates that emergency vehicles and island services can reach houses on the private ways. Several online and in‑person speakers — including Elaine Lembo and other island residents — spoke in support and said neighborhood associations and public records show historical use. The applicant said the house plan had been prepared with Mount Hope Engineering and architect Vincent Pacifico and that the design conforms to building codes and would not require additional variances beyond permission to build on a way that is not formally a public street.

During the discussion, the board asked that the applicant or staff provide evidence of legal access rights to the private way (title documents or other record evidence) for the town file. The board accepted legal counsel's suggestion that the variance be approved with an administrative condition that evidence of access be submitted to town staff (Aaron) for the record; if access cannot be confirmed administratively, alternative land‑use paths would be required. The board approved the dimensional variance by voice vote with no recorded opposition.

The board noted the unique history of Prudence Island plats and that the town is working to clarify language in the zoning ordinance to address the island's private ways. Staff said the town has attempted in prior years to determine formal ownership of many island roadways and that the current approvals rely on longstanding practice and demonstrated access rather than an explicit town acceptance of those ways.