Portsmouth zoning board denies extension for 40 Cul De Sac Way storage container

The Portsmouth Zoning Board of Review voted 5-0 to deny a request to extend a conditional approval for a large storage container at 40 Cul De Sac Way, after members said the container sets an undesirable precedent for residential neighborhoods.

The applicant, Marcus Garapia, told the board the container stores most of his painting company's equipment and that he had received temporary relief after a flooded basement in 2023. Neighbors said the unit is visible from a nearby bay window and expressed concern about property values and neighborhood character. Board members acknowledged the applicant's circumstances but said the board must balance compassion with enforcement of the town's zoning rules.

Board members discussed how the container is classified under the town code as an accessory storage shed and flagged the structure's size as the key issue. The applicant described the unit as a standard 40‑by‑8 shipping container (approximately 320 square feet), noting that Portsmouth's accessory‑structure provisions allow structures up to 120 square feet to meet reduced setback rules; anything larger must meet full setback requirements. Aaron (town staff) and members clarified that sheds under 120 square feet can be sited nearer property lines while larger structures must meet standard setbacks. Several board members said the 40‑by‑8 container exceeds a normal shed footprint and that repeatedly approving large containers would erode the ordinance's intent.

A neighbor, identified as Melissa of 43 Cul De Sac Way, said she is the only neighbor who can see the container from her front bay window and that she worries about losing resale value after 30 years in the house. An online caller also spoke in support of the applicant, saying residents should be allowed to use property for livelihood when they are otherwise respectful of neighbors.

After public comment, a motion to deny the application to extend the conditional approval was made, seconded, and carried by a roll call vote of five in favor, none opposed. The board recorded that the applicant's prior temporary approval was authorized in November 2023 and recorded December 27 (the board noted the recorded date as the operative reference for the two‑year term). Town staff explained that the denial does not immediately remove the container: the existing two‑year approval remains in place through the recorded expiration, after which staff will issue a notice of violation if the container is still on site; the homeowner would then have 30 days to remedy the violation per the town's enforcement process.

Board members and staff offered to meet with the applicant after the meeting to discuss alternatives that could be more conforming to the neighborhood, including the possibility of a different accessory structure that meets setbacks or other screening/relocation options. The board emphasized that the decision was not a judgment on the applicant's character or business but a concern about long‑term precedent and protecting the character of residential streets.

The board closed the item and moved to the next agenda matter.