Council adopts land‑use review process for 35 Sherburne Road and waives permit fees for proposed housing project

The Portsmouth City Council on Feb. 18 voted to adopt a legal-department-recommended land‑use review process for redevelopment of the city‑owned parcel at 35 Sherburne Road and, separately, to waive all city permit fees requested by the Portsmouth Housing Authority (PHA) for the proposed housing project.

Deputy City Attorney Trevor McCourt told the council the zoning ordinance and state law provide limited direction for third-party development on city property, and the memorandum in the meeting packet recommended a multi-step process: the PHA should present the proposal to the Technical Advisory Committee for technical review under site‑plan and subdivision regulations (and overlay rules such as the highway-noise overlay), then to the Planning Board, with recommendations returned to the city manager. McCourt said the recommended process is “above and beyond” the minimum state requirements and consistent with the council’s prior vote empowering the city manager to enter a development contract for the site.

Public comment at the meeting focused on transparency and fiscal questions. Pietra Huda, a Portsmouth resident, said the site “belongs to 22,277 people” and urged that full public hearings be required rather than relying on city‑manager control; she also cited a figure she said represented the property’s value and foregone taxes (public comment: $5,500,000, source: Pietra Huda). Esther Kennedy raised questions about fee waivers and what future residents would be expected to pay in rent, and asked the council to “get all the information” before transferring or waiving obligations tied to city land.

Council discussion emphasized following the legal recommendation and ensuring technical review. The motion to adopt the Sherburne land‑use review process was moved and seconded on the floor and approved by the council. A separate motion to refer the PHA’s formal request to waive permit fees to the city manager was approved earlier in the meeting; later the council voted to waive the fees as requested. Councilors who supported the waiver said lowering development costs can make tax‑credit applications more competitive and help produce affordable units; at least one councilor cited the prior Court Street project as precedent.

What the votes do — and what they don’t: The adopted review process applies specifically to 35 Sherburne Road and does not change approval requirements for other city parcels; the council’s fee waiver is an exercise of council discretion and does not itself transfer property or finalize any development contract. The project will still go through the TAC and Planning Board steps for technical and regulatory review, and final contract or implementation steps will be handled by the city manager consistent with council direction.

Why it matters: The decisions clear a path for the PHA to pursue design and funding with technical review steps in place while removing municipal permitting costs the PHA said would affect the project’s competitiveness for tax credits and other financing. Several residents urged fuller public hearings and more detailed financial disclosures before the council takes final action on any transfers or subsidy details.

Next steps: The Technical Advisory Committee and Planning Board will review the PHA proposal and return recommendations to the city manager. Any required approvals, building permits and budget/CIP items will be presented to the council in future meetings. The city manager and planning staff were asked to keep the council and public informed of design, financing and any modifications to the project’s scope.