Portsmouth planning board approves Westshore Solar modifications after drainage dispute

The Portsmouth Planning Board voted Oct. 10, 2024 to approve requested modifications to the Westshore Solar (Carnegie Trails) final plan following extensive testimony from neighbors and technical explanations from engineers.

Board members considered a package of changes that included a reduced perimeter fence line, removal of a pool area from the project scope and reconfigured stone trenches recommended by the Coastal Resources Management Council (CRMC). The board’s motion included a stipulation that the remaining water-quality trenches be cleaned of sediment accumulation as part of the record and ongoing maintenance.

The applicant’s attorney said the project had already received local approvals and that subsequent CRMC review required only water-quality changes that did not alter the drainage calculations for peak runoff. ‘‘They approved it but asked that we add certain features to the drainage to assist in water quality,’’ the attorney said, describing the CRMC additions as ‘‘belts and suspenders’’ intended to improve water quality rather than increase drainage capacity.

Neighbors and property owners disputed that characterization, saying stormwater behavior changed during heavy rains after construction. Local resident Portrait Bell gave detailed testimony about historic drainage patterns, monitoring wells, and how contour changes may have altered where water flows. Bell urged the board to delay modifying the plan until the meadow-grass plantings mature and a full season of observation demonstrates whether the system performs as intended. ‘‘I promised you a Cadillac, but that Hyundai will get you to work,’’ Bell said, arguing that the originally approved design provided more trenching than the later CRMC plan.

Lynn Small, identified in the record as a Northeast engineer, explained the CRMC modification process and the distinction between the permit’s limit-of-disturbance and the fence line used in the as-built certification. Small said CRMC engineers recommended reorienting some stone trenches so they run parallel to topography and demonstrate infiltration, though she cautioned that those trenches were not modeled to substantially change peak-runoff calculations.

After hearing testimony from neighbors, the applicant and the engineer, the board found that the changes were consistent with the CRMC-reviewed design and approved the modification with the cleaning-and-maintenance stipulation. The board’s approval does not directly resolve outstanding disputes about off-fence, unpermitted work; both the applicant and neighbors said issues outside the project fence — including an owner-built roadway and a dry well — may still require separate action or CRMC review.

The board indicated that enforcement of maintenance obligations and any further work outside the CRMC-approved limit of disturbance would be handled through permit records, CRMC processes and normal town enforcement as needed. The board did not record a roll-call tally in the meeting minutes; members approved the motion by voice vote with no opposition recorded.

The planning board moved on to other business after the vote; any follow-up on mitigation work, maintenance confirmations or additional CRMC filings will be handled through the town’s permitting and enforcement channels.