Planning board approves preliminary plan, variances and special-use permit for Malcolm Estates condo project on Bristol Ferry Road

The Portsmouth Planning Board on Jan. 9 voted to approve dimensional modifications, grant a special‑use permit and approve the preliminary unified development plan for Malcolm Estates, an eight‑unit condominium development proposed at 0 Bristol Ferry Road.

The board granted the modifications that reduce required building separations and the 55‑foot roadway‑centerline setback as shown on the submitted plan, approved the special‑use permit for apartments in the R‑20 zone and approved the preliminary minor land development plan subject to conditions including that roadways and perimeter landscaping be installed first and that final sign‑off may be handled administratively with Technical Review Committee (TRC) input.

Board members and staff said the proposal is an infill duplex/condominium project on a roughly 2.5‑acre R‑20 parcel. Applicant counsel Corey Chappelle identified the applicant as Dividend Investments with funding by Mark DiMello and owner listed as Cividend Investments LLC; the scheme shown to the board calls for four duplex buildings (eight total units), one‑level primary living with a small second‑floor sleeping area above garages, and a private drive and cul‑de‑sac built to town specifications.

The project team told the board the design includes a community septic system, underground stormwater infiltration systems (StormTech or similar), and permeable pavement for the private roadway and driveways. Karen Beck of Principe Company described the stormwater approach: "It stores the water in it, filters it through and stores in a gravel sub base and then infiltrates into the ground system." She and other presenters said the design has been submitted to the Rhode Island Department of Environmental Management for RPDES and stormwater review and to RIDOT for a physical‑alteration permit; on‑site wastewater (OWTS) review is pending OWTS sign‑off after the stormwater permit is resolved.

Architect Joseph (Joe) Fenton said the units were designed for single‑level living with an additional sleeping space above garages: "My task was to design a ... duplex, 2 and a half 2 bedroom, 2 and a half bath, with a great room that is, connected living, dining, and kitchen." He said the maximum building height shown is about 23 feet 9 inches, exterior materials include cedar shingles and standing‑seam metal accents, and lighting will be down‑lit and dark‑sky compliant.

Technical reviewers (fire department, public works, water) signaled that the private drive will be built to town specs and bonded, and that the cul‑de‑sac radius meets apparatus turning requirements. The fire department and TRC reviewed driveway width and turning radius as conditions of approval, board members said.

Neighbors and residents attended and raised sequencing, construction impacts and timing. Neighbor Ed Ferrer asked whether all units would be built before sales; he said he would prefer the entire project completed before sales but heard the developer planned to sequence work as units sell. Ferrer told the board: "I would like to see all of them built and then sell them." Planning staff and the applicant said major site work (road, septic, drainage) would need to be installed up front; the applicant indicated a construction start was not expected before April and estimated roughly eight months from foundation to keys for an individual unit in normal market conditions.

Conditions attached to the board's preliminary approval include: installation of roadway and perimeter landscaping at the time road construction begins (so perimeter plantings establish while construction proceeds), a requirement to replace dead or failing plantings within a short window after installation, a commitment to remove two large trees requested by a neighbor and to cooperate with a neighbor on removal of invasive bamboo along a property line, and that an operation and maintenance plan for permeable pavement and underground storm facilities be recorded and provided to homeowners. The board also voted to allow the administrative officer to sign the final approval, working with TRC, unless plan changes trigger a return to the board.

The board approved three formal items by voice vote (all ayes): (1) favorable recommendation for dimensional modifications as shown on the exhibit plan, (2) grant of the special‑use permit for apartments in the R‑20 zone, and (3) preliminary plan approval for the minor land development incorporating DRB exhibit A and the landscaping/roadway conditions. The motions carried with no recorded nay votes.

The board and applicants acknowledged outstanding state approvals remain: DEM/RPDES stormwater permits, RIDOT physical‑alteration permit, and OWTS approval for the community septic. The applicant said it will resubmit to DEM in response to agency comments and obtain required permits before final construction permits are issued.

Next steps: the board authorized administrative final approval in coordination with TRC and the town administrative officer; state agency sign‑offs must be obtained before building permits. The board recorded that the project would be required to follow the town's noise ordinance and other construction regulations; the board did not set special start‑time limits for construction beyond existing town standards.