Target Application Not Complete

NDN online 7.18.07

By Matt Sheley/Daily News staff

PORTSMOUTH - Target has not filed a "substantially complete" application.

That's the word from Portsmouth Building Official George Medeiros, meaning the town's moratorium on big-box development applies to the controversial commercial proposal at the corner of West Main Road and Union Street.

A letter went out Monday to the attorney for the project, Robert M. Silva, about the town's findings on Target's paperwork, which was submitted last month hours before the Town Council enacted the current temporary ban on all new retail construction 55,000 square feet and larger.

Silva said he was waiting to receive Medeiros' letter and once he did, he would talk with Target officials about their intentions.

"I'll have to review it and see what my clients have to say," Silva said. "Before then, it's too premature to determine what might happen."

Town Administrator Robert G. Driscoll said he believed Medeiros - who was out of the office Tuesday - had justification for his findings, but expected the matter to be heading to Superior Court based on prior statements made about the application.

"We're assuming whatever way George ruled, it would end up in court," Driscoll said. "We know their position on the matter, which was clear when they filed the permit."

Since talk of the 146,000-square-foot project first surfaced earlier in the year, there's been a noticeable split in opinions on the plans across the community.

The grassroots group Preserve Portsmouth was created by residents to challenge the merits of the project and the threat of spread of retail construction, as in neighboring Middletown. Signs popped up on front lawns of homes across the community, featuring a red-and-white anti-Target logo.

Others have said the project would be good for the community, help add diversity to the tax base and offer jobs.

During a mid-June meeting before an audience of more than 100 people, the Town Council backed an "emergency" moratorium, with plans to pass a beefed-up temporary ban on such commercial construction that's gone through the formal town process. That moratorium applies to all sites zoned for commercial, light industrial or town center uses with frontage on traffic-sensitive zones.

A public hearing on the full moratorium is scheduled for Aug. 1 at 7 p.m. at Portsmouth Middle School.

According to Medeiros' two-page letter, Target's special-use permit application did not have several necessary documents, including site plans showing the location of on- and off-site underground utilities, erosion control and water retention areas, an engineered traffic report and a plan showing the preliminary interior layout of the building.

"I have determined that the petition by Target Corporation was not substantially complete at the time of adoption of the pending moratorium on large scale retail development in excess of 55,000 square feet," Medeiros wrote, meaning the project is not exempt from the temporary ban.

Silva has said there was no pressing "emergency" that warranted implementing the moratorium and it wouldn't stand up in court if challenged.

"We'll have to see where things go," Silva said Tuesday. "Once we receive official confirmation of the ruling, we'll make those choices."


	Target is subject to moratorium, Portsmouth officials say NDN online 7.18.07 By Matt Sheley/Daily News staff PORTSMOUTH - Target has not filed a "substantially complete" application. That's the word from Portsmouth Building Official George Medeiros, meaning the town's moratorium on big-box development applies to the controversial commercial proposal at the corner of West Main Road and Union Street. A letter went out Monday to the attorney for the project, Robert M. Silva, about the town's findings on Target's paperwork, which was submitted last month hours before the Town Council enacted the current temporary ban on all new retail construction 55,000 square feet and larger. Silva said he was waiting to receive Medeiros' letter and once he did, he would talk with Target officials about their intentions. "I'll have to review it and see what my clients have to say," Silva said. "Before then, it's too premature to determine what might happen." Town Administrator Robert G. Driscoll said he believed Medeiros - who was out of the office Tuesday - had justification for his findings, but expected the matter to be heading to Superior Court based on prior statements made about the application. "We're assuming whatever way George ruled, it would end up in court," Driscoll said. "We know their position on the matter, which was clear when they filed the permit." Since talk of the 146,000-square-foot project first surfaced earlier in the year, there's been a noticeable split in opinions on the plans across the community. The grassroots group Preserve Portsmouth was created by residents to challenge the merits of the project and the threat of spread of retail construction, as in neighboring Middletown. Signs popped up on front lawns of homes across the community, featuring a red-and-white anti-Target logo. Others have said the project would be good for the community, help add diversity to the tax base and offer jobs. During a mid-June meeting before an audience of more than 100 people, the Town Council backed an "emergency" moratorium, with plans to pass a beefed-up temporary ban on such commercial construction that's gone through the formal town process. That moratorium applies to all sites zoned for commercial, light industrial or town center uses with frontage on traffic-sensitive zones. A public hearing on the full moratorium is scheduled for Aug. 1 at 7 p.m. at Portsmouth Middle School. According to Medeiros' two-page letter, Target's special-use permit application did not have several necessary documents, including site plans showing the location of on- and off-site underground utilities, erosion control and water retention areas, an engineered traffic report and a plan showing the preliminary interior layout of the building. "I have determined that the petition by Target Corporation was not substantially complete at the time of adoption of the pending moratorium on large scale retail development in excess of 55,000 square feet," Medeiros wrote, meaning the project is not exempt from the temporary ban. Silva has said there was no pressing "emergency" that warranted implementing the moratorium and it wouldn't stand up in court if challenged. "We'll have to see where things go," Silva said Tuesday. "Once we receive official confirmation of the ruling, we'll make those choices."