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Zoning board continues Carapia container petition after public comment on unequal enforcement
Summary
The zoning board continued the petition by Marcos Carapia for 40 Cul-De-Sac Way and heard public comment from a resident who said the town enforces container violations unevenly; staff advised the resident on how to submit complaints and the board agreed staff could brief members on enforcement practice at a future meeting.
The Portsmouth Zoning Board voted to continue the application by Marcos Carapia for property at 40 Cul De Sac Way to the next scheduled meeting and received public comment from a resident who alleged unequal enforcement of container violations townwide.
Board members read the item into the record and a motion to continue the applicant to the next scheduled zoning board meeting was made and carried by voice vote.
During public comment, resident Michael DiPaola said he had reported many container violations over several years but that the town enforced the violation only in the Carapia case. "I have no idea why the town is enforcing that violation on this gentleman," DiPaola said, adding he has sent numerous reports and emails to town staff. He asked why enforcement appears to be applied inconsistently and whether the applicant—5s immigrant status played a role. DiPaola asked how to get the matter on a future agenda and how to submit a list of alleged violations.
Planning staff and a board member explained the appropriate process: submit a written letter through the clerk to the planning board so it will be distributed to members and, if a board member chooses, the issue can be placed on a future agenda. A staff member suggested that the board or a member could request a staff briefing on the town-wide enforcement process so members would understand how complaints are received and handled. The board agreed that staff could address the issue at a later meeting. The board also indicated it is not appropriate to debate a non-agenda item at length during the meeting.
Outcome: petition for 40 Cul De Sac Way continued to next scheduled zoning board meeting; staff to be available to brief the board on enforcement procedures if requested.
