MINUTES OF THE CUMBERLAND ZONING BOARD MEETING
HELD VIA ONLINE ZOOM WEBINAR
ON THURSDAY, MAY 21, 2020 AT 7:00 P.M.
ZONING BOARD MEMBERS PRESENT WERE THE FOLLOWING:
John McCoy, Chairman
Robert Chaput, Vice‑Chairman
Joseph Craveiro
Edward G. LeBlanc
Ryan Antrop, First Alternate
ALSO PRESENT
Kelly Morris Salvatore, Esquire,
Town Solicitor
Dolly Rousseau,
Zoning Clerk
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Mr. McCoy called the meeting to order at 7:02 p.m., and all the Members of the Board listed above were present.
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Mr. McCoy stated that there are minutes distributed for the March 11, 2020 meeting, and he asked for a motion to approve the minutes, unless there are some changes. Mr. Chaput then made a motion to approve the minutes, and the motion was seconded by Mr. LeBlanc. THE MOTION WAS APPROVED 5‑0.
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3. Robert Bibeault, of 75 Valley View Drive, Cumberland, is requesting an extension for one‑year ‑ Extension to Dimensional Variance per Code Section 18‑7.
Mr. McCoy stated, just to note, that the statute says for a third one‑year extension period, which is what he is requesting, the applicant is supposed to demonstrate due diligence in proceeding and a substantial financial commitment promoting the subject for the variance. Mr. McCoy then read into the record a letter from Mr. Bibeault that was submitted to the Board as to the status of his property.
Mr. Bibeault was present and was sworn in to speak in his own behalf. Mr. McCoy then asked
Mr. Bibeault to give the Board a brief background of where things are with respect to his property.
Mr. Bibeault stated that he had the tree removed, and the last guy that came told him that there was a tree to the right of where they were going to build that was still too close. He stated he had Monster Tree Service take that tree down as well, and it was $850 on that tree. He further stated that between the two trees he took down it was like twelve or fourteen hundred dollars. Mr. Bibeault stated he had the land surveyed, and he did spend quite a bit of money trying to get this thing going. He stated the only problem he had is the guy that was going to do the work was having a lot of personal problems at home that he did not really want to go into. Mr. Bibeault stated he was not able to respond and get it done; and he was not going to do the excavation anyway, so he was going to be on his own for that.
Mr. Bibeault stated that the people he has now, Mike Calise and Lussier Construction Company, they both say that they are going to be able to do the work, but Mr. Bibeault stated he had to put it on hold. He called a while back and stated to them that he was waiting on the variance extension, and he said, "Well, good. That will give us a little more time." Mr. Bibeault stated that they said they will definitely be able to do it. Mr. McCoy asked.
Mr. Bibeault if it was his understanding that, once he gets the variance extension from the Board, that they are ready to proceed; and Mr. Bibeault answered yes, as soon as he could get the guy here.
Mr. McCoy asked if there was anyone else who was listening in that wanted to speak in this matter, and there was no response. Mr. McCoy then asked for any discussion or motions from the Board.
Mr. Chaput stated that, since he applied for this in February and the Board has not been able to meet and make a decision one way or the other, he would make a motion to grant him a one‑year additional extension to that variance.
Mr. McCoy then asked for the reasons for the motion.
Mr. Chaput stated that he appears to be proceeding to resolve the issue, and it looks like he has the contractor who is ready to proceed, assuming that he gets the extension of the variance; and, if that is what is holding it up, then Mr. Chaput thought that, in all fairness, the Board should give him one more try and be a lot more restrictive and a lot more concerned if he comes to the Board again.
Mr. McCoy stated that, if he comes to the Board again, there be would a different proceedure he would have to follow. This would be his last request for this matter.
Mr. McCoy then stated that there is a motion by Mr. Chaput, and he asked for a second on the motion. Mr. LeBlanc then seconded the motion. Mr. McCoy then took a vote on the motion. Mr. Craveiro, Mr. Chaput, Mr. LeBlanc, Mr. Antrop and Mr. McCoy all voted in favor of the motion. THE MOTION WAS APPROVED 5‑0.
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4. 20‑01. Cardoso Enterprise, LLC, of 12 Edgemont Avenue, Cumberland, RI 02864 has petitioned this Board for a Use Variance and Dimensional Variance for "First floor for residential and Minimum Area Relief". Articles 18‑2, Section (b) and Section (a). Described as Assessor's Plat 002, Lot(s) 0079, and Designated Zone C‑1. Located at 118 Broad Street, Cumberland, RI 02864.
Attorney Scott Partington was present representing Cardoso Enterprise, LLC. Mr. Partington opened by giving an introduction to the Board of the status of this property. He stated that the main request is the use variance which, in a C‑1, in light of the mixed use definition, residential is allowed only in the upper floors; and the use variance is to ask for both of the first floor to be residential space. Mr. Partington stated that the ground floor is approximately 1600 square feet, which is basically split into two; so you have two, 800 square foot spaces, more or less, on the first floor.
Mr. Partington stated that the second request is out of an abundance of caution. He stated that, because the building is preexisting and it clearly was constructed with the two units on the first floor, just to be on the safe side, due to the 5,000 square foot requirement per unit in a C‑1, he thought he should apply as well for any further dimensional relief based on the density, notwithstanding the fact that the building has already been constructed and those units presently exist.
After Mr. Partington gave his introduction, he presented four witnesses in support of these requests. They were David M. Cardoso, of 12 Edgemont Avenue, Cumberland, Rhode Island; Adelino Cardoso, also of 12 Edgemont Avenue; Alexandra Kitsilis, of Shawmut Realty Company; and Mary Shekarchi, the owner and President of the Shawmut Realty Company.
No one else came forward to speak in this matter.
After hearing, Mr. LeBlanc made a motion to grant the request for the use variance. He stated that the applicant has met the standard for a use variance and has provided evidence that those units cannot yield any beneficial use, if they are required to conform to the provisions of the Zoning Ordinance. Mr. LeBlanc stated that the Board had testimony from both Ms. Kitsilis and Ms. Shekarchi that clearly demonstrated the ample efforts to market that property and to rent it as commercial units without success over several years. He stated that clearly demonstrates that those two units cannot yield any beneficial use. Mr. LeBlanc stated that, as the Board discussed, using those units as residential units will not change the characteristic of the neighborhood.
Mr. LeBlanc stated he would add as a condition to the permit that the landscaping requirements as defined in the Planning Board's memo of January 30th, 2020 be met and be enforced by the Building Official, whether or not a Building Permit is sought for a kitchen or any other device. He stated before those units can be rented, the Board would need some evidence that the landscaping requirements are completely met; and that includes the street trees, the development plans, the appropriate landscaping, and the requirement for shielding the trash with fences.
Mr. LeBlanc stated that he would also, in the same motion, grant the dimensional variance as requested so that it conforms with the Zoning Ordinance, at least with the variance of 10,000 square feet so that the units can be used as residential units. Mr. Antrop then seconded the motion.
Mr. McCoy then took a vote on the motion. Mr. Craveiro, Mr. Chaput, Mr. LeBlanc, Mr. Antrop, and Mr. McCoy all voted in favor of the motion. THE MOTION WAS APPROVED 5‑0.
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5. Paula M. Keefe, of 136 Fiske Avenue, Cumberland, RI 02864, has petitioned this board for a Dimensional Variance for Minimum Area and Land Unsuitable for Development. Articles 18‑2, Section (a). Described as Assessor's Plat 035, Lot(s) 0147, and Designated Zone R‑1. Located at 2211 Mendon Road, Cumberland, RI 02864.
Attorney Scott Partington came forward to represent the applicant in this matter. Mr. Partington gave a brief introduction and then presented Ms. Paula Keefe as a witness in this matter. During her testimony, Ms. Keefe stated that the house was purchased by her son in July of 2017; and his intention was to subdivide the property so he could fund the restoration of the house, and he thought he had the land to do it because the Town records showed that there were 1.18 acres, or 51,400 square feet. She stated that when he hired a surveyor to mark the boundaries of the property, it came back at 49,606 square feet and, more importantly, 394 square feet short of the subdivision requirement of 50,000 square feet. Ms. Keefe stated that her son Michael was diagnosed with cancer after that, and they had to direct their attention to more important matters. She stated it really is her hope to subdivide the property so that they could fulfill her son's wishes to restore the house. Ms. Keefe stated that they thought that the property had only been abandoned for 10 to 15 years; and she is present with Jeff Polucha, and they have been cleaning up the yard; and many people have stopped by and told a story about how familiar they have been with the house. She stated that what they found was that the house has been abandoned since the late 1980's, and the house was very overgrown. She stated that her son Michael did have an opportunity to take all the growth away and shovel out all the debris that was in the house. Ms. Keefe stated the house is in terrible shape, and it requires an enormous amount of money to restore it and a willingness to do that. She stated that everyone that has come forward has kind of walked away from it, after they have taken a look at it; or they would only be interested if the land could be subdividable, for the same reasons as Michael, so that it would supplement the funding of the restoration of the house. Ms. Keefe stated that is her wish, to subdivide the property to continue with his wishes, and the house would be saved and restored.
No one else came forward to speak in this matter.
After hearing, Mr. Chaput made a motion to approve the requested dimensional variance under two aspects: Number 1, that the Board include the section of Freshwater Wetlands; that the Board waive the requirement that the land unsuitable be included, that the Board actually include that Freshwater Wetlands in the total lot; and that, based on that, the Board would give a dimensional variance of 394 square feet, a diminimus variance in minimum lot size for the proposed Parcel B on Lot 147.
Mr. Chaput stated, as findings, the following:
The restriction from which they seek relief is due to the unique characteristics of the land and structure. The structure on Lot 147 is certainly unique, and it has been shown to be a great value to the Town for its historical value, not due to the physical or economic disability of the applicant.
The hardship is not the result of any prior action of the applicant. They did not create this hardship. Mr. Chaput stated that the Board had the discussion about primarily for financial gain, and he stated that it is not for gain, so much as to develop the working capital to restore a piece of property that all of us and all the members of the Historic Commission seem to think is very much worthwhile doing.
The granting will not alter the general characteristic. Actually, it will improve the general characteristics of the area, if the property is brought up to nice standards and a new property is put in that would be an attractive piece of property as well.
The relief is the least relief necessary.
The number of people who were interested in buying the property at Lot 147 would like to restore it but realized it was economically infeasible to do that. He stated that, if that property is going to get restored, the benefit that everyone would want, the only way to do that is to generate the working capital to do it by selling another lot.
If the application were denied, the hardship would be more than a mere inconvenience. That property could not be restored. It would have to be demolished and get the best that they could get.
Mr. Chaput stated, therefore, that he believed the Board should grant the variance.
Before the second to the motion, Ms. Salvatore stated that there was a woman as an attendee earlier who said she wanted to speak, and then she dropped off. Ms. Salvatore stated that she is back now and asked if she wants to raise her hand, because she did not want to avoid anybody from public comment during the hearing. Ms. Salvatore asked Corissa (the name on the computer screen) if she still wanted to speak, and she answered yes. Mr. McCoy asked Mr. Chaput to hold his motion.
Mr. Kevin Keefe came forward and stated that Corissa was his wife, and he was just calling to support his mother, Paula; and he assured everyone that they are in good hands with both her and her partner, Jeff Polucha. He stated he looked forward to the final product and the value they are going to bring to the Town; and with all the burdens this project has incurred over the last year, he stated he knows that they are fueled by the passion to get this project rolling and offer some closure to the initial purchase his brother made a while back in his vision.
Mr. McCoy then asked Mr. Keefe for his address, and he stated his address is 100 Robincrest Court, Seekonk, Massachusetts.
Ms. Salvatore stated she did not see any other hands.
Mr. McCoy then asked for a second to the motion. Mr. LeBlanc then seconded the motion. Mr. McCoy then took a vote on the motion. Mr. Craveiro, Mr. Chaput, Mr. LeBlanc, Mr. Antrop, and Mr. McCoy all voted in favor of the motion. THE MOTION WAS APPROVED 5‑0.
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After further brief discussion, Mr. Chaput then made a motion to adjourn, and the motion was seconded by Mr. LeBlanc. Mr. McCoy then took a vote on the motion, and THE MOTION WAS APPROVED 5‑0.
(THE MEETING ADJOURNED AT 9:09 P.M.)
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Respectfully submitted,
Andrew J. D'Angelo
ANDREW J. D'ANGELO,
Court Reporter
(Signed Electronically)
I hereby certify the foregoing minutes to be a true and accurate interpretation, to the best of my ability, of my stenographic notes taken at the Cumberland Zoning Board Meeting of May 21, 2020.
Andrew J. D'Angelo
ANDREW J. D'ANGELO,
Court Reporter
(Signed Electronically)