Portsmouth zoning board OKs special use permit for Greenvale

Posted 1/14/16

PORTSMOUTH — After what Jim Nott said was one of the most contentious public hearings he’s sat through as a member of the Zoning Board of Review, the panel Thursday night voted unanimously to grant a special use permit to Greenvale …

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Portsmouth zoning board OKs special use permit for Greenvale

Posted

PORTSMOUTH — After what Jim Nott said was one of the most contentious public hearings he’s sat through as a member of the Zoning Board of Review, the panel Thursday night voted unanimously to grant a special use permit to Greenvale Vineyards so the farm can continue to host weddings, small concerts, corporate outings and other events.

The decision came with several conditions placed on the winery pertaining to the maximum number of attendees, the distance from Wapping Road where events may be held, time limitations and other stipulations.

Applause broke out when the 5-0 vote was announced and a happy Nancy Parker Wilson, Greenvale’s general manager, was swarmed with hugs from supporters immediately after the meeting adjourned.

“The one thing that has kept me going the last six years has been this notion that good will prevail,” Ms. Parker Wilson said. “And it took us this long, but we worked hard to get the zoning to work with all of us in agriculture so there can be this kind of process. I just hope it’s a little easier for someone else.”

Her family has owned the farm since 1863 and has been growing grapes there since the mid-1990s. Six years ago, the zoning board narrowly denied Greenvale’s application to host weddings, receptions and other special events on its property off Wapping Road in south Portsmouth.

“Now all has changed,” said Mr. Nott, pointing to an amendment to the zoning ordinance that was enacted by the Town Council in June 2015. The amendment allows farmers to seek permits before the zoning board to hold special events on their property that they say are necessary to keep their businesses economically viable.

“This is a case of great significance to my client and to the ability of Greenvale to continue a viable farm,” said David Martland, the attorney representing the farm, adding that the decision will impact many other owners of agricultural property in town.

The hearing began in early November, with most members of the public speaking in favor of Greenvale Vineyards’ permit. A good number of objections were heard Dec. 17, however, mainly in the form of letters that were read into the record.

On Thursday night the board again heard from Nancy Howard of 16 Dianne Ave., the most vocal critic of Greenvale’s petition. Ms. Howard took issue with much of the previous testimony presented by Greenvale and said the farm has been holding special events for 15 years in defiance of the zoning board and Superior Court rulings.

“I think past performance predicts future behavior,” said Ms. Howard, who questioned whether Ms. Parker Wilson will be “fully above board in the future” when it comes to adhering to conditions. “This is essentially a use change no matter how you package it,” said Ms. Howard. “Please protect my neighborhood.”

Failed to make case

In voting to approve the petition, however, board member Jimmy Hall pointed out that those opposed to Greenvale’s application failed to make a convincing case that the special use permit should be denied.

“At no time did anyone present an expert witness to contradict or help this board make a decision to find in (opponents’) favor, and I think that’s important,” said Mr. Hall.

He and other board members noted that Portsmouth Police have found no alcohol-related accidents or any other skirmishes connected to events at Greenvale. Although there have been five noise complaints against the winery, no violations were ever found, board members said. In addition, board members said the application was compatible with the town’s Comprehensive Community Plan and that Greenvale’s events would not be detrimental to surrounding areas or cause problems with traffic.

“We have the advantage of knowing what’s going to happen because it’s been happening for 10 or 15 years,” said board member John Borden, adding that every effort should be made to help local farms survive. “Approving this petition and allowing Greenvale to supplement their income for special events would further increase their chance that this would remain a farm — and protect 55 acres,” he said.

Mr. Nott and board member Kathleen Pavlakis reminded opponents of Greenvale’s plans that the property could theoretically become a far more objectionable neighbor if the permit were not approved.

“If this was denied, they could bring in pigs to the top of Wapping Road,” said Mr. Nott. “These things are allowed on farms. Nobody wants to live next to a pig farm.”

Ms. Pavlakis said the farm could easily be sold to a housing developer. “If objectors are worried about noise because of a little music, you have no idea what it’s like to live with construction going on around you,” she said.

Conditions imposed

In approving the special use permit, the zoning board imposed the following conditions on Greenvale:

• No event will be allowed within 650 feet of Wapping Road.

• No portable lighting will be allowed within 650 feet of Wapping Road.

• A police detail is required for any event with 100 or more attendees.

• No event is allowed to go beyond 10 p.m. on any night.

• The numbers of events allowed in a calendar year is not to exceed 60.

• Only one event can be held at a time.

• All servers of alcohol must be TIPS (Training for Intervention Procedure) certified.

• A Greenvale staff member must be onsite and available to deal with any complaints or emergencies during all events.

• The use of trolleys or buses will be encouraged for large (over 100 people) private events to minimize traffic on Wapping Road.

• All vehicles should be parked on Greenvale property as opposed to Wapping Road or neighboring streets. An additional set of conditions was approved for certain categories of events:

• Weddings must be limited to 200 attendees (excepting caterers or music providers). Attendees must leave by 10 p.m. and caterers and music providers by 11 p.m.

• Corporate events are limited to a maximum of 200 attendees.

• Private events are defined as anniversaries, birthday parties and rehearsal dinners and are capped at 100 guests.

• Concerts are maxed out at 150 attendees and are confined to the tasting room and adjacent terrace.

• Wine dinners may have a maximum of 80 guests and are also confined to the tasting room and adjacent terrace.

• Festivals, as defined under the special use permit, are the Restoration Celebration, Harvest Festival and Warm up to Winter Festival. They are maxed out at 300 attendees and must conclude by 5 p.m.

After the meeting, Ms. Parker Wilson said she had no problems with the conditions set by the zoning board.

“It’s very much in keeping with what we’re doing,” she said.

Greenvale Vineyards, Nancy Parker Wilson, Portsmouth Zoning Board of Review

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