MINUTES OF THE CUMBERLAND ZONING BOARD MEETING
HELD VIA ONLINE ZOOM WEBINAR
ON WEDNESDAY, NOVEMBER 11, 2020 AT 7:00 P.M.
ZONING BOARD MEMBERS PRESENT WERE THE FOLLOWING:
John McCoy, Chairman
Robert Chaput, Vice‑Chairman
Joseph Craveiro
Mike McGrath
Edward G. LeBlanc
Ryan Antrop, 1st Alternate
Evan Elgin, 2nd Alternate
ALSO PRESENT
Peter Skwirz, Esquire, Counsel to the Zoning Board
Brad Ward, Building Official
Dolly Rousseau, Zoning Clerk
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Mr. McCoy called the meeting to order at 7:01 p.m., and all the Members of the Board listed above were present.
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20‑11. Tammy L. LaCoste, of 14 Torrey Road, Cumberland, RI 02864, has petitioned this board for an Appeal of Notice of Violation dated August 21, 2020 for more than two living units on one parcel. RIGL 45‑24‑63 and Article 17, Section 17‑11. Described as Assessor's Plat 057, Lot(s) 0090, and designated Zone A‑2. Located at 14 Torrey Road, Cumberland, RI 02864.
Mr. McCoy stated the Board has one matter that is on the docket for the Board of Review sitting as the Board of Appeals, and that is matter 20‑11, Tammy LaCoste, of 14 Torrey Road. Mr. McCoy stated to Mr. Skwirz that he believed there was a request for a continuance in this matter. Mr. Skwirz stated that was correct. Mr. McCoy stated that they had received a request from Attorney Mancini on this matter because he was court excused this week and would not attend. Mr. McCoy stated that Mr. Ward, who is technically the other party in this matter, has no objection to that. Mr. Ward agreed that he had no objection. Mr. McCoy then asked Mr. Skwirz if he communicated to Mr. Mancini that any documentation he intends to provide that the Board would like to have at least seven days before December 9th.
Mr. Skwirz stated that he sent Mr. Mancini an email to that effect.
Mr. McCoy then stated, with that condition, he asked for a motion to grant a continuance to the next meeting of December 9th. Mr. Chaput then made a motion to continue this matter to the next meeting. Mr. LeBlanc seconded the motion. Mr. McCoy then took a vote on the motion. Mr. Chaput, Mr. LeBlanc, Mr. McGrath, Mr. Craveiro and Mr. McCoy all voted in favor of the motion. THE MOTION WAS APPROVED 5‑0.
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20‑08. Freedom Bank, a Division of Bristol County Savings Bank, of 584 Putnam Pike, Greenville, RI 02828 has petitioned this board for a Dimensional Variance for a freestanding sign, Maximum height, and Minimum setback. Article 13‑8, Section 13‑6. Described as Assessor's Plat 033, Lot(s) 0291, and Designated Zone C‑2. Located at 2152 Mendon Road, Cumberland, RI 02864.
Mr. McCoy stated that there is a request for a continuance on this matter, and he asked if Mr. Partington was available. Mr. Skwirz then brought Attorney Scott Partington into the Zoom Webinar. After brief discussion, Mr. Partington asked for a continuance of this matter. He stated his intent is to submit a letter of withdrawal, but he did not want to necessarily remove this from the stream here, if he was going to have some problem getting it on before Friday with signatures and corporate and everything; but Mr. Partington stated he did have all the materials updated, which are far more informative than what he gave to the Board the last time.
Mr. McCoy stated that the motion is a request to continue 20‑08, with the understanding they will be filing a withdrawal letter in this matter and filing a new application which may get on in time for December; and, if not, the Board will hear it in January. Mr. Partington stated that sums it up.
Mr. Craveiro then so moved the motion to continue this matter to the December 9 meeting. The motion was seconded by Mr. Chaput.
Mr. Chaput, Mr. LeBlanc, Mr. McGrath, Mr. Craveiro and Mr. McCoy all voted in favor of the motion.
THE MOTION WAS APPROVED 5‑0.
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20‑07. Roger and Brenda Farrell, of 14 Westwood Drive, Cumberland, RI 02864, has petitioned this board for a Dimensional Variance for an addition in the front yard setback. Article 18‑2, Section (a). Described as Assessor's Plat 033, Lot(s) 0318, and Designated Zone R‑1. Located at 14 Westwood Drive, Cumberland, RI 02864.
Ms. Brenda Farrell was brought into the Zoom Webinar, was sworn, and testified in favor of this request for Dimensional Variance. Ms. Farrell stated that they want to put an addition on that is going to enlarge the already‑existing three bedrooms that they have, and they want to add a master bathroom because there is only one bathroom to this home. She stated that the addition will go forward because they cannot really go backward because of the septic system, the rain garden, and the stairwell that leads out from the basement, which is the only other egress from the basement. Ms. Farrell stated that they are asking for the variance for the front to go basically four feet within the 25 feet on one corner, and on the other corner it was only going to go two or three feet. She further stated that they had spoken with her neighbor behind them, who is Peggy and Jim Normandin; and they did not have any arguments or questions about the addition, and they all thought it would be good for the whole street and the neighborhood property values to update the home.
When Ms. Farrell concluded her testimony,
Mr. McCoy asked Mr. Craveiro to read into the record the Planning Board recommendation, which he did.
After brief hearing, Mr. Chaput made a motion to grant a four‑foot front yard variance to the applicant to allow them to erect the addition to their home as they request in their application.
Mr. Chaput stated that the restriction of the front yard variance, the reason they need a deviation from that is because of the unique nature of the property. He stated that, because of the DEM issues, they need to keep their septic system and the rain garden in the places where they are, and they need egress from their basement. He stated that they have made a strong case as to why that addition needs to be placed where it is.
As findings, Mr. Chaput stated the following:
The hardship that they have is not a result of any prior action and does not result from the desire to achieve financial gain. He stated they just want to enlarge their home and make it more livable.
The granting will not alter the general characteristic of the surrounding area. Mr. Chaput stated that the Planning Board clearly says that, even though the house will be larger than its neighbors, it will fit in very well with the plan; and the setback deviation they are looking for is really fairly small.
The relief to be granted is the least relief necessary, as they have shown, because of the objects that are in the back of the property.
If the application were denied, the hardship would be more than a mere inconvenience. It would not allow them to build the addition that they so clearly want to do.
Mr. McGrath then seconded the motion and asked if it could be added that they have to comply with the DEM regulations on the side lot. Mr. McCoy stated that could be added as a condition.
Mr. Chaput stated that it could be added, but DEM would assist on that anyway, so the enforcement will probably be by DEM. Mr. McCoy stated he thought that was right, but he did not see a problem in adding it as a condition; and he stated they certainly cannot build without DEM. Mr. McCoy then took a vote on the motion. Mr. Chaput, Mr. LeBlanc, Mr. McGrath,
Mr. Craveiro and Mr. McCoy all voted in favor of the motion. THE MOTION WAS APPROVED 5‑0.
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20‑09. JAK Realty, LLC, of 2295 Diamond Hill Road, Cumberland, RI 02864, has petitioned this board for a Dimensional Variance for freestanding sign, Maximum height, and Minimum setback. Article 13. Described as Assessor's Plat 024, Lot(s) 0016 & 0130, and Designated Zone C‑1. Located at 2295 & 2311 Diamond Hill Road, Cumberland, RI 02864.
Attorney Scott Partington was present to represent JAK Realty on this request. In support of the application, Mr. Partington presented as a witness Mrs. Pauline Khabbaz, who came forward, was sworn, and testified in favor of this request.
Through questioning by Mr. Partington, Ms. Khabbaz stated that her office address is 2295 Diamond Hill Road and that she and her husband are the owners of JAK Realty. She also stated that she and her husband own the property located 2295 Diamond Hill Road.
Mr. Partington asked Ms. Khabbaz to explain what forced them to relocate the sign and what prompted or compelled its relocation. Mrs. Khabbaz stated that, a couple of years ago, the Rhode Island DOT approached them and told them that they had to move the sign located on their property. She stated that, despite the fact that they had been doing business there for 15 years and that property has been there for decades, they had to move the sign; and they did not want to move the sign. She stated that the sign is very important to their property; but they forced them to move the sign, and DOT assured them that they could relocate the sign because it was on their property.
Mrs. Khabbaz also stated that this was not a self‑imposed hardship. She stated that by removing that sign it is difficult for people to find their business and find other businesses that are in the building. She stated that this hardship was placed upon them by the Rhode Island DOT.
Mr. Partington further asked Mrs. Khabbaz if they were simply asking to have the same height as the sign that was located directly across from them, and she stated that was correct. Mr. Partington further asked if that was basically what they were asking for now, a 12‑foot sign, and Mrs. Khabbaz answered that was correct.
Mr. Partington elicited further testimony from Mrs. Khabbaz, and further discussion ensued. No one else came forward to testify either in favor or against this request.
After hearing, Mr. Chaput made a motion to grant variances from two provisions of Article 13, the Sign Ordinance, as follows: The first to allow a four‑foot variance to the maximum height to allow a 12‑foot sign to be constructed; and the second for a variance of four feet for the minimum setback so as to allow the applicants to place the sign as they requested in their application.
Mr. Chaput stated, in terms of the standards, as to Exhibit B in the application, Mr. Partington has made an eloquent description of all these standards and how they fit in this particular instance, and Mr. Chaput referred to Exhibit B to show that he makes his points with each of those standards.
Mr. Chaput stated the sign is very sensible, and the size of it is consistent with the size of signs elsewhere in the area; and you need a large sign as people try to wen their way through the new roundabouts, so they need to be something that is highly visible to be able to survive in that traffic environment.
Mr. Chaput further stated it is really the least relief necessary and is a good resolution, after the discussion they had only a month ago. He stated, in referring to Exhibit B in terms of the standards, he recommended that the Board grant those variances. Mr. Chaput stated there are two provisions that are included in the Planning Board's memo. He stated that the first one is the Building Permit to be issued after the administrative officer of the Planning Board approves the landscape plan.
Mr. Chaput stated he believed that language as written allows the administrative officer to give that approval, so he did not think the Board needed to modify that. He stated the other condition is that the installation and design conform with Article 13‑6 which requires curb, bollards or other protective features to protect the freestanding signs from circulation and parking areas. Mr. Chaput stated that was his motion. Mr. McCoy stated that the motion by Mr. Chaput is to grant the requested two variances with the two conditions as adopted by the Planning Board's memorandum, and he then asked for a second to the motion. Mr. McGrath then seconded the motion, and Mr. McCoy then took a vote on the motion. Mr. Chaput, Mr. LeBlanc, Mr. McGrath, Mr. Craveiro and Mr. McCoy all voted in favor of the motion. THE MOTION WAS APPROVED 5‑0.
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20‑06. Joseph J. Pacheco, of 112 Dexter Street, Cumberland, RI 02864 has petitioned this Board for a Dimensional Variance for an addition of a garage in the rear yard setback. Article 18‑2, Section (a). Described as Assessor's Plat 007, Lot(s) 0676, and Designated Zone R‑2. Located at 112 Dexter Street, Cumberland, RI 02864.
Mr. McCoy asked Mr. Skwirz if there was any sign of Mr. Pacheco, and Mr. Skwirz resonded that there were no attendees in the Zoom Webinar audience at this point. The Zoning Clerk, Dolly Rousseau, stated that she tried calling him about 20 minutes ago, but he did not answer his phone.
Mr. McCoy stated he was not opposed to keeping the docket open for him next month, if he comes back. After further brief discussion, Mr. McCoy stated he would take a motion to continue matter 20‑06,
Joseph J. Pacheco, 112 Dexter Street, to next month's meeting. Mr. LeBlanc so moved the motion to continue this matter to next month. Mr. McGrath seconded the motion. Mr. McCoy then took a vote on the motion. Mr. Chaput, Mr. LeBlanc, Mr. McGrath, Mr. Craveiro and Mr. McCoy all voted in favor of the motion.
THE MOTION WAS APPROVED 5‑0.
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Mr. McCoy stated that he had forgotten earlier that the Board has the minutes from October 14, 2020, and he asked if everyone had a chance to read them. Mr. LeBlanc stated he had one comment. He stated that, on the very last page where it is talking about the JAK Realty issue, it says, "The motion to sustain the appeal was approved." He asked, "Didn't we deny the appeal?" Mr. McCoy stated it would be a motion to deny the appeal which is approved 3‑2, and that is correct. Mr. LeBlanc stated then we would just want to change the word "sustain" to "deny".
Mr. McCoy asked for any other comments on the minutes. None of the Board Members responded.
Mr. McCoy then stated that there is a motion by Mr. LeBlanc to approve the minutes with that one correction, and he asked for a second. Mr. Chaput then seconded the motion. Mr. McCoy then took a vote on the motion. Mr. Chaput, Mr. LeBlanc, Mr. McGrath,Mr. Craveiro and Mr. McCoy all voted in favor of the motion. THE MOTION WAS APPROVED 5‑0.
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Mr. McCoy then asked for a motion to adjourn. Mr. LeBlanc so moved the motion to adjourn. The motion was seconded by Mr. McGrath. Mr. McCoy then took a vote on the motion, and THE MOTION WAS APPROVED 5‑0.
(THE MEETING ADJOURNED AT 7:49 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 my ability, of my stenographic notes taken at the Cumberland Zoning Board Meeting on November 11, 2020.
Andrew J. D'Angelo
ANDREW J. D'ANGELO,
Court Reporter
(Signed Electronically)