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Zoning board denies rehearing request in A238 Austin Street case
Summary
The Portsmouth Zoning Board of Adjustment on April 21 denied a rehearing request for A238 Austin Street, with members concluding confusion about the demolition review committee did not affect the board’s original legal analysis.
The Portsmouth Zoning Board of Adjustment voted on April 21 to deny a rehearing request for the A238 Austin Street decision, concluding that questions about the demolition review committee’s role did not change the legal basis for the board’s earlier ruling.
Board members reviewed the rehearing motion and discussed whether the demolition review committee had been properly considered during the original hearing. Board member Mr. Sullivan said he thought the rehearing motion “fairly raised that point,” but added that “the existence, non‑existence, or functioning of the demolition review committee played no part in my analysis of the application.” Other members echoed that view, and the motion to deny the rehearing was put to a roll call and approved.
The board’s denial effectively leaves the original decision in place. No additional evidence was accepted, and the board recorded its reasons on the record, citing the high bar for rehearing and the absence of a showing that new material facts or a process error would have altered the prior outcome.
