Portsmouth planning board orders trial fixes, oversight for Cutler Court drainage problems

The Town of Portsmouth Planning Board on Thursday, Sept. 11 approved a set of corrective work and a testing period intended to reduce stormwater runoff that residents say has caused repeated yard and basement flooding on Cutler Court.

The board’s motion, made and adopted during a continuation of an Aug. 14 agenda item, directs the developer and contractor to raise the centerline of the cul‑de‑sac by about two inches for the surface course, install a modified Cape Cod berm on the eastern side of the cul‑de‑sac, have the contractor clean and flush pipes and swales after resurfacing, and require the engineer of record to supervise berm installation. The board said the resurfacing and berm installation should be evaluated through the end of the calendar year; if problems persist, the board said it would consider adding swales or placing a pipe under the driveway at 33 Cutler Court. The motion carried on a voice vote with the board saying “aye.”

Why it matters: Residents of the subdivision told the board that surface runoff has entered yards and, in one case, reached a subgrade basement window. The changes approved are intended as near‑term, field‑verified adjustments to the pavement crown and curb/berm geometry so stormwater will be directed into swales rather than onto affected properties.

Engineer John Braggart Jr., the surveyor/engineer of record on the plat, told the board his plan calls for “exaggerating the crown” in the middle of the cul‑de‑sac and placing a short (about three‑inch) Cape Cod berm on the eastern side to keep water on the west side of the roadway and away from 33 and 41 Cutler Court. Braggart said his as‑built topographic work from 2023 shows a crown exists on the roadway but is less defined in the cul‑de‑sac; the raised centerline and berm are intended to redirect water from driveways uphill of the circle into the street swales.

Paul Rodericks, Portsmouth public works director, who visited the site with planning staff, said the field inspection found 33 Cutler Court receiving most runoff from a nearby driveway and that removing a portion of a west‑side swale from the original plan would not likely resolve the water crossing to the east. Rodericks said the proposed paving and berm are “definitely worth a try” and that additional swales or a pipe under 33’s driveway could be added if the trial does not resolve the problem.

Resident Jonathan Jeffries of 33 Cutler Court described multiple flooding incidents he said left standing water up to his basement window. Jeffries objected to any berm that would form a bump across his driveway and said he prefers a swale that would run under his driveway with a pipe, as shown on the original plan. Susan Ware of 41 Cutler Court told the board she was grateful officials visited the site but said she was not confident the plan would work and raised questions about who will maintain swales and berms.

Board members and staff discussed homeowners association obligations. Planning staff said a homeowner association document was filed with the town in 2018; several residents said they were unaware of an active association. The chair directed that legal staff obtain and review deeds and the recorded association document and report back to the board. The board also said it will not accept the subdivision as complete until drainage issues are resolved to its satisfaction.

Developer representative Connor Melville said the applicant intends to complete the paving and related work “in good faith” this calendar year and asked for time to schedule contractors and plant availability. The board’s motion was amended to require Braggart to be on site for berm installation so the berm can be formed to avoid a pronounced bump across driveways; the board noted the plan indicates the berm will stop north of the 33 Cutler Court driveway but asked the engineer and contractor to “blend” the rear of the berm so it will not drive as a speed bump across the driveway.

The board’s action is limited to the corrective pavement, berm and related cleanouts; it did not accept the final subdivision. The board directed town legal staff to verify the recorded homeowners association instrument and to advise on maintenance responsibilities if the association has not formed.

If the trial adjustments do not resolve flooding at the affected properties, board members and staff said the record shows further physical work (additional swales or a culvert under 33 Cutler Court) may be required and brought back to the board for further action.