Zoning Board Postpones Greenvale Permit Request; Receives Withdrawal from Glen Ridge Farm

With two new members sworn in earlier that morning, the Zoning Board of Review held its meeting with a full board in attendance Thursday night.

"For the first time in a few months, we have seven members up here," said board Chairman Kevin Aguiar.

The Town Council appointed both James Hall and John Borden to the board of review on Wednesday evening.

The zoning board meeting began Thursday with an announcement from Town Solicitor Donato Andre D'Andrea, who said Kevin Tarsagian, owner of Glen Ridge Farm, had withdrawn his "motion to strike." 

"I received a fax yesterday or earlier today," D'Andrea said. "It's being withdrawn."

Glen Ridge Alpaca Farm and Rhode Island Nurseries have been involved in a well-known dispute regarding Heidi Drive. The decision to abandon this roadway will be discussed at a public hearing on Oct. 7.

The zoning board also voted unanimously Thursday to postpone Greenvale Vineyards' request for a special use permit after hearing from lawyers representing both sides.

Greenvale Vineyards is requesting a special use permit in order to hold weddings, receptions, corporate functions and banquets outdoors at the vineyard.

David Martland, a lawyer representing Greenvale Vineyards, said his client has been holding such functions for several years.

"These events have been taking place for eight years," he said. "We know what the impact is. There are adequate controls already in place—in keeping with the the comprehensive plan of Portsmouth—to preserve farmland."

Martland argued that Greenvale "is consistent with being an outdoor facility or country club" under the definition listed in the town's zoning ordinances.

The 56-acres of property off Wapping Road is "a large open space with a lot of passive recreation," he said.

Neighbors of Greenvale Vineyards are opposing the request for a special use permit and have hired a lawyer to represent their case before the zoning board.

Attorney Laurent L. Rousseau said that Greenvale is not a country club by the definition given in the zoning ordinance since the vineyard does not offer "tennis, golf or swimming." 

"The other outdoor activities have to be of the same type as what's named in the ordinance: tennis, swimming, golf," Rousseau said. "Not just any outdoor activity...It's got to be in the ordinance. You're bound by that language...You must give the words their plan and ordinary meaning."

Rousseau also argued that "weddings" were not recreational activities. "It (a wedding) has nothing to do with agriculture," he said.

The attorney, representing Donald and Mary Donahue Magee of 581 Wapping Road, also said that Greenvale should apply for a commercial use permit since a wedding involves food and beverages being served outdoors.

"With all these functions, they are providing food and beverages," Rousseau said. "There's definitely a cake involved...

"You don't have commercial uses in R-40 zones. Uses in R-40 zones are mostly residential and agricultural."

The zoning board's newest member, Borden, voiced his opinion on the request. "I'm not comfortable making this decision at this time," he said.

The board voted to postpone the petition until a special zoning board meeting on Sept. 23. At which time, Greenvale Vineyards and the opposing party will have three hours to present their case.

"It took us so long to get through the application process," said Nancy Parker Wilson, general manager of Greenvale Vineyards. "If we can have three hours, people can make a comprehensive decision."

An earlier version of this story incorrectly reported that Rhode Island Nurseries had withdrawn their "motion to strike." The motion was withdrawn from Glen Ridge Farm. The zoning board agenda incorrectly listed the item as "Rhode Island Nurseries, Map 59, Lot 5 – Motion to Strike."