The following is a letter from Portsmouth's Design Review Board Chairman, John Borden, and I'm am delighted to pass along this detailed, first-hand explanation of the process.

This letter is in response to letters written by Werner Loell and Gail Greenwood regarding the Target Corp. proposal in Portsmouth. Mr. Loell’s letter was titled “Will Town panel let Target lower the bar on Island’s quality of life?” Mr. Loell mentions he is surprised by Portsmouth’s “Design Review Board’s desire to carry on entertaining Target’s non-starter proposal.” And further mentions, “if one peruses Portsmouth’s Design Review Guidelines, the Target proposal should have been rejected outright. If not, why not.” Good questions Mr. Loell.

New development in Portsmouth (like most communities) is guided by the zoning ordinance. The land use table in the ordinance defines which lots are designated for residential, light industrial, or commercial use. The proposed 16 acre Target site located at the corner of Union Street & West Main Road (map 56, lot 6) is zoned for commercial use and has been since 1965 (32 years). That gives Target the legal right based on RI General Laws to petition the quasi-judicial Zoning Board of Review. The zoning board is the only board that votes “yea” or “neigh” whether the petition is approved or denied. That is why the Design Review Board can not “reject the petition outright” as Mr. Werner suggests. But, the ordinance does require Target to meet with the Design Review Board (DRB) and the Planning Board prior to zoning. Advisory opinions are then forwarded to the Zoning Board to assist them with their decision.

The retail use Target is proposing is a conditionally permitted use. “Conditioned” because the Zoning Board must determine whether several conditions under the ordinance are met (safety, traffic, noise, smoke, odors, compatibility with the comprehensive community plan, and other conditions) prior to granting or denying the petition.

The Design Review Board can only weigh in and advise the Zoning Board on matters such as site design, architectural expression (what the building will look like), landscaping, and signage. The Planning Board addresses items such as on-site detention or retention systems, storm water run-off, and the proximity of the watershed to the proposed development.

Gail Greenwood’s letter also brought up some very interesting points. It’s good someone is watching developers and the approval process to assure everyone is playing by the rules. Gail writes, “a quick study of the written conditions in the Middletown Square strip mall decision will reveal hollow promises.”

In Portsmouth, the Zoning Board incorporates detailed “conditions” into their decisions which become legally binding and are recorded in land evidence. For example, a Design Review Board recommendation may be “landscaped areas within the parking lot must be a minimum of 12 feet in width and tress should be a minimum of 6 ft tall at planting.” Once the Zoning Board makes that a condition it becomes legally binding and can be enforced by the Building Official as well as in court. That’s how Design Review (although advisory) gets its “teeth,” through the Zoning Board.

Gail also mentions that newspaper “quotes by Portsmouth Town Administrator Robert Driscoll and Town Planner Robert Gilstein were discouraging. We expect our town officials to protect us from unwise development, not be resigned to it.” As Town Administrator Bob Driscoll does not set policy for land use development nor does he advise the Planning or Zoning Board, or the Town Council regarding land use or zoning issues. He has however been supportive of Design Review and has the best interest of Portsmouth residents at heart.

The Town Planner, Bob Gilstein, does directly influence land use policy. As a life-long Portsmouth resident and having served on two comprehensive plan study committees, zoning board (10 yrs), land use and town center committees, and design review board, I’ve inter-faced with Bob Gilstein and the Planning Office for the past 20 years. The reason why Portsmouth looks the way it does today is because of Bob and the Planning Office. The Planning Board, Zoning Board, and Building Inspector (George Medeiros) who enforces the ordinance, also deserve credit. Bob was instrumental in the nearly two year process of developing the Design Review Guidelines and shepherding the revised zoning ordinance through the public hearing and town council. He has also coordinated Comprehensive Community Plan re-writes and corresponding zoning amendments, worked on the West Side Master Plan, and several other land use related projects.

Lastly, the Design Review Board was not “in business” when the Tradesman Center on West Main Road was approved by the Zoning Board. The developer did agree to appear before the board as a “trial case” since the design guidelines were nearly complete but had yet to be adopted by the town council. Unfortunately he did not follow our design recommendations for the building. We’re still hopeful he will incorporate our landscaping and screening recommendations.

John G. Borden, Chairman
Design Review Board