Portsmouth planning board approves road-shape and berm changes to address Cutler Court drainage complaints

The Town of Portsmouth Planning Board on Sept. 11 approved limited changes to the Cutler Court final plan intended to reduce stormwater flowing onto private yards at the cul-de-sac on Tax Assessor Plat 58, Lot 49 (Lots 49A–F).

The board accepted testimony from John Bridal Jr., the engineer and surveyor of record, who recommended an exaggerated crown at the centerline of the cul-de-sac and a short Cape Cod berm along the east side of the circle to redirect water away from Lots 33 and 41 Cutler Court. Paul Rodricks, Portsmouth director of public works, said removing a west-side swale would not by itself resolve the eastern flooding and supported trying the pavement-and-berm approach after resurfacing.

The modifications matter to nearby homeowners because residents reported repeated standing water and localized flooding. Jonathan Jeffries, 33 Cutler Court, told the board, “There is a problem with drainage. I agree that there’s a crown to the road. My issue is there isn’t a crown to the circle.” Resident Susan Ware, 41 Cutler Court, urged the board to clarify who will maintain swales and berms if they are installed.

During discussion, Bridal described the technical proposal: raise the centerline crown through the cul-de-sac by roughly two-tenths of a foot (about two inches) when the top course is applied and install a roughly three-inch Cape Cod berm around the eastern side of the circle. Bridal said he took more than 300 topographic shots for the as-built base course and that the crown in the road exists but is less pronounced in the cul-de-sac area.

The board’s motion, made by Miss Wilson and seconded by a fellow board member, directs the following as conditions of approval for the requested minor modifications: (1) raise the pavement centerline in identified areas by about two inches per the engineer’s plan to create a more defined crown; (2) require the contractor to clean and flush pipes and swales after resurfacing; (3) install a Cape Cod berm at the east side of the cul-de-sac but shape it so it is not a “speed bump” at 33 Cutler Court; and (4) require the project engineer to be on-site to supervise berm installation so the final grade is blended at driveways. The motion passed.

Developer and on-site representative Connor Melville said the applicant intends to complete the work this calendar year and the board directed staff to monitor progress; the board also stated it will not accept the subdivision as complete until the outstanding pavement and drainage work is satisfactorily finished. The town solicitor will review deed records after residents raised questions about a homeowners association recorded in 2018.

The board and public emphasized that if the pavement-and-berm solution does not resolve the problems, additional measures — including additional swales or installing a pipe under the driveway at 33 Cutler Court — could be required. The board asked staff to follow up after resurfacing and report back if the solution fails to reduce runoff onto private property.

The board’s approval does not constitute final acceptance of the subdivision; the board reiterated that final acceptance will occur only after required work and documentation are complete and confirmed.