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Chair pauses Rye Harbor retail engineering after public objections, orders expedited master plan; advisory council urges ARPA funds for Portsmouth Fish Pier

Pease Development Authority Board of Directors · September 12, 2024
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Summary

After public comment from shack owners and an APA-focused petitioner, the Pease Development Authority voted to halt further Appledore engineering on the proposed Rye Harbor retail platform and launch an expedited master plan; an advisory council urged reallocating ARPA funds to a $1.3M shortfall at the Portsmouth Fish Pier.

The Pease Development Authority board voted on Sept. 10 to pause further engineering work on the proposed Rye Harbor retail platform and commission an expedited master-planning study after a string of public comments and an advisory-council recommendation urging prioritization of the Portsmouth Fish Pier replacement.

A motion by Director LeVat directed staff to "cease additional work under the amended contract" with Appledore Marine Engineering LLC on the Rye Harbor retail platform so the authority could "conduct a further review of facility needs." The motion was seconded and approved by voice vote. Chair (the meeting chair) told stakeholders the pause will allow public meetings and broader stakeholder input before any further expenditures are authorized.

Why it matters: speakers at the public-comment period and advisory meetings said the current project designs risk sidelining existing small businesses and harbor users, and that planning has proceeded quickly while some operational questions remain unanswered. Brad Cook, chairman of the Ports and Harbors advisory council, told the board the council unanimously recommended making the Portsmouth Fish Pier (PFP) replacement a priority and warned that ARPA obligations could be lost unless funds are reallocated or deadlines extended.

Public commenters described several concerns: lack of early outreach to shack owners and charter services, insufficient consideration of parking and winter storage for fishing and charter boats, potential rental costs and concession-fee impacts on small operators, and absence of an accessible feasibility study documenting demand and financial projections. One public commenter who identified himself as an independent researcher pressed the board on administrative-rule compliance, saying the authority had collected right-of-entry and concession fees without standardized rules and offered a draft (PDA 800) to address that gap.

The board and staff acknowledged the concerns. Finance and ports staff pointed to a 2022 parking study and to accounting constraints (FAA restrictions and fund-restriction rules) that limit how certain revenues may be used. The board said it will direct staff to find a firm to complete the master plan on an expedited schedule and hold public meetings to solicit broader stakeholder input.

ARPA and Portsmouth Fish Pier: Advisory-council testimony and several board members urged moving ARPA funding to the Portsmouth Fish Pier replacement, which advisory-council members said needs roughly $1.3 million in additional funds on top of existing estimates. Director-level staff and board members said they would pursue reallocation or extension requests with the fiscal and governor's council to preserve ARPA eligibility but acknowledged those approvals are outside PDA control.

What the action does and next steps: the board's motion stops further Appledore-engineering billed to the Rye Harbor retail platform and instructs staff to commission a rapid master plan and expanded public outreach. Staff will also assess whether remaining ARPA-eligible funds can be reallocated to the Portsmouth Fish Pier project and will prepare any required requests to the fiscal/governor's council. The board scheduled further public meetings and intends to return to the topic after the master plan is complete.

The public meeting adjourned after routine agenda items; the board said a legal consultation would follow in closed session.