MINUTES OF THE CUMBERLAND ZONING BOARD MEETING
HELD VIA ONLINE ZOOM WEBINAR
ON WEDNESDAY, FEBRUARY 10, 2021 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
* * * * * * * * * *
Mr. McCoy called the meeting to order at 7:24 p.m., and all the Members of the Board listed above were present.
* * * * * * * * * *
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.
At the beginning of the meeting, Mr. McCoy stated that under the purview of this board as the Board of Appeal is 20‑11, Tammy LaCoste. He stated that he believed everybody saw a request by Mr. Ward, who is obviously a party in interest, to continue this matter for a month. Mr. McCoy stated that Mr. Ward is present, and Mr. McCoy stated that Mr. Ward did send that request. Mr. McCoy stated he just wanted to confirm that the Board is looking to continue this matter for a month. Mr. Ward stated that is correct and also that the appellant attorney sent an email requesting and verifying they were in favor of the continuance as well. Mr. Ward stated that they are trying to work out a resolution.
Mr. McCoy stated that is appreciated and is always good for judicial economy. Mr. McCoy stated the Board has a request by both the appellant and the appellee to continue 20‑11, Tammy LaCoste, to the next regular monthly meeting, which should be March 10th, 2021; and he asked if he could have a motion to continue this matter. Mr. LeBlanc so moved the motion, and Mr. Chaput also made a motion to continue the matter to next month. Mr. McCoy stated that there is a joint motion by Mr. LeBlanc and Mr. Chaput, and he asked for all those in favor.
WHEREUPON, ALL OF THE BOARD MEMBERS RESPONDED BY SAYING, "AYE." Mr. McCoy stated that this matter will be heard March 10th, 2021, and this is the only notice; and this matter will not have to be readvertised.
* * * * * * * * * *
21‑01. Erik Brouillard, of 9 Tuscan Court, Cumberland, RI 02864, has petitioned this board for a Dimensional Variance for relief of minimum rear and side yard setback for the location of the proposed shed. Article 18‑2, Section (a). Described as Assessor's Plat 029, Lot(s) 0178, and Designated Zone A‑2. Located at 9 Tuscan Court, Cumberland, RI 02864.
Mr. Brouillard was present, was sworn, and spoke in favor of his request for Dimensional Variance. Mr. Brouillard stated that, for anyone who has actually been to the new development, Tuscan Court by Phantom Farms, you would know that the terrain itself is severely sloped. He stated it kind of slopes from back to front, and the house itself is pitched up very high. He stated that you can see in the images in the application that there are massive stone walls in the back yard. He stated there is a couple of layers; and, really, the only flat area of the property in the back yard is that top section, and that is the optimal location. Mr. Brouillard further stated that, if you were to think about putting a shed somewhere with a slope of maybe 35 to 40 degrees left to right and front to back, that is just really not safe for anyone. He stated that is really the gist of it, and it is the best location; and it is not going to take up too much room, as the neighbors are all aware. He stated there is nobody on his right side in the side yard, and that is really the only place it could go without having to do excavation work. Mr. Brouillard stated there is only one other flat area in the property, and that is where the septic covers are, so that is just not feasible; and this is the optimal location.
Mr. McCoy stated to Mr. Bouillard that he mentioned speaking to his neighbors. Mr. McCoy asked if he spoke to his neighbor behind him in the corner. Mr. Brouillard stated that he did not speak to him face‑to‑face; but he was made aware of everything that was going on, and all the normal notices were sent out to all the neighbors. Mr. Brouillard stated he did talk to his neighbors to his left and on his right, and everybody on Tuscan Court is certainly aware. Mr. Brouillard stated he is pretty friendly with the guy at the back right‑hand side.
Mr. Brouillard further stated that the normal notices were sent out; and, as far as he was aware, nobody has really said anything about it. Mr. McCoy then stated to Mr. Brouillard that he was assuming this is a single story shed, and Mr. Brouillard answered that was correct.
No one else came forward to speak either in favor or against this request.
After further discussion, Mr. Chaput made a motion to grant a dimensional variance for Plat 29, Lot 178, a side yard variance of 14 feet and a rear yard variance of 20 feet, in order to allow the applicant to construct a shed per his plans and per his application.
Mr. Chaput stated, as to the relief that he requests, the following:
The restriction is really due to the unique characteristics of the land, probably as much as any property the Board has seen recently. The topography is so extreme that there really is no other place to put it, and it is certainly not anything to do with the applicant himself.
The hardship is not the result of any prior action of the applicant and does not result from a desire for financial gain. He merely wants to put a shed on the property, and that is the only place he can put it.
The granting will not alter the general characteristics of the surrounding area, and the Planning Board memorandum really says that it is the only place that makes sense on the property; and it is pretty far removed from all his neighbors.
The relief to be granted is the least relief necessary for the same reason, because that is where it has to be.
Finally, if the application were denied, the hardship would be more than a mere inconvenience.
If that is the only place on the property he can realistically put it, if the Board denied the application, he would not be able to build the shed that it makes sense to have.
Mr. Chaput stated, therefore, that the Board should grant the variance. Mr. McGrath then seconded the motion. Mr. McCoy then took a vote on the motion. Mr. Craveiro, Mr. LeBlanc, Mr. Chaput, Mr. McGrath, and Mr. McCoy all voted in favor of the motion. THE MOTION WAS APPROVED 5‑0.
* * * * * * * * * *
After further discussion, Mr. McCoy asked for a motion to approve the minutes from the January 10, 2021 meeting. The motion to approve the minutes was so moved by Mr. LeBlanc and seconded by Mr. Chaput. Mr. McCoy then took a vote on the motion. Mr. Craveiro, Mr. LeBlanc, Mr. Chaput, Mr. McGrath, and Mr. McCoy all voted in favor of the motion. THE MOTION WAS APPROVED 5‑0.
* * * * * * * * * *
Mr. McCoy then asked for a motion to adjourn. Mr. McGrath then made a motion to adjourn.
Mr. Chaput seconded the motion. Mr. McCoy asked if anyone was opposed to adjourning tonight, and none of the Board Members responded. THE MOTION WAS APPROVED UNANIMOUSLY.
(THE MEETING ADJOURNED AT 7:40 P.M.)
* * * * * * * * * *
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 February 10, 2021.
Andrew J. D'Angelo
ANDREW J. D'ANGELO,
Court Reporter
(Signed Electronically)