MINUTES OF THE CUMBERLAND ZONING BOARD MEETING
HELD VIA ONLINE ZOOM WEBINAR
ON WEDNESDAY, JULY 14, 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
Dolly Rousseau, Zoning Clerk
Brad Ward, Building Official
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Mr. McCoy called the meeting to order at
7:04 p.m., and all the Members of the Board listed above were present.
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Mr. McCoy stated that someone could make a motion to approve the minutes from the meeting of Wednesday, June 9th, unless anyone caught any errors in that. Mr. Elgin so moved the motion to approve the minutes of June 9. Mr. LeBlanc seconded the motion. THE MOTION WAS APPROVED UNANIMOUSLY.
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21‑02. Paula Malloy, of 3 Stone Bridge Drive, Cumberland, RI 02864, has petitioned this Board for a Dimensional Variance for relief of minimum rear yard setback for the purpose to construct a single‑family residence. Article 18‑2, Section (a). Described as Assessor's Plat 039, Lot(s) 0219, and Designated Zone R‑1. Located at 71 Scott Road, Cumberland, RI 02864.
Mr. McCoy stated that he believed Mr. Partington was going to appear on this matter. Mr. Skwirz stated that Mr. Partington was present in the audience and was promoted to a panelist for this Webinar. Attorney Scott Partington came forward representing Paula Malloy on this request for Dimensional Variance. He stated that he received a call this afternoon from Ms. Malloy; and, for personal reasons, she is not available to testify this evening. Mr. Partington stated he emailed Mr. Ward and Dolly, the Clerk, and cc'd the Chairperson, who reminded him that the matter has been continued on several occasions. Mr. Partington stated that he is requesting a continuance, and he talked to Attorney Koutsogiane about it.
Mr. Partington stated that he wanted to remind the Board that, in April when this was first filed, he was prepared to go forward; and the Town for two months in a row misadvertised it. He stated that is no aspersion on Dolly, but it just so happened it was misadvertised twice. Mr. Partington stated that, the third time, Mr. Koutsogiane requested a continuance because he was going on vacation. Mr. Partington further stated that the fourth time he was actually present, but the matter was bumped by agreement of the parties to accommodate Mr. Macari's solar panel application. Mr. Partington stated that if the Board wanted to limit it to one further continuance he would understand, but he wanted the Board to be reminded that it was not a question of him being on vacation for the last four months. Mr. Partington stated that he did talk to Mr. Koutsogiane and the other abutter who appeared at the Planning Board to speak and who he was able to reach on two prior occasions, so as to not inconvenience him; and, according to Mr. Koutsogiane, he was also contacted by Mr. Koutsogiane's client to advise him as well.
Mr. McCoy stated that the Board appreciated Mr. Partington reaching out to everyone and appreciated the summary for the record. Mr. McCoy stated there have certainly been a variety of incidents, and it sounds like everyone has about two strikes at this point, so maybe everyone is ready to go forward. Mr. McCoy stated that it would be a live presentation next month, August 11th, and the meeting should be back at Town Hall.
Mr. McCoy stated that the Board has a request from Mr. Partington to continue this matter, which is 21‑02, Paula Malloy, of 3 Stone Bridge Drive in Cumberland, to the next meeting, which will be August 11th, which it appears will be in Town Hall. He stated this will be the only notice for that, and he would take a motion to approve that request.
Mr. Leblanc so moved the motion to continue this matter to the next meeting. Mr. McGrath seconded the motion. THE MOTION WAS APPROVED UNANIMOUSLY.
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21‑08. David Dugre and Paromita Ghosh, of 86 Spring Street, Cumberland, RI 02864, has petitioned this Board for a Dimensional Variance for relief of minimum rear yard setback for a chicken coop. Article 18‑2, Section (a) and Section 6‑8(b). Described as Assessor's Plat 053, Lot(s) 0265, and Designated Zone R‑1. Located at 86 Spring Street, Cumberland, RI 02864.
Mr. McCoy stated at the outset that, as everyone knows because everyone was here, the Board heard testimony last month, and everyone had a chance to speak. Mr. McCoy stated that, in order to give the Board time to digest things and review the materials it had, it was decided best to end the matter there for that night and come back tonight for deliberations and, potentially, decision.
Mr. McCoy then began the deliberations of the Board by explaining his feelings in this matter, followed by each Board Member deliberating and stating their feelings in the matter.
After deliberations, Mr. Chaput made a motion to deny the application for a side yard variance for the property at Plat 53, Lot 265. He stated that the application seeks a variance to site an existing chicken coop 17 feet from each side boundary, when the ordinance calls for a 25‑foot setback.
As to the standards required for approval, Mr. Chaput stated the following:
The application does not meet at least two, and possibly three, of the standards required for approval of the variance. Standard Number 1 requires for the lot in question to have unique characteristics, not just the general characteristics of the surrounding area. The subject lot is only 40 feet wide, but many of the lots in the area are of identical widths and could not accomodate a structure with 25‑foot setbacks on each side. The applicants have not shown unique features of this property.
Standard Number 2 must show that the hardship is not the result of any prior action of the applicant. Here, the applicants constructed the coop and placed it within the required setbacks.
Standard Number 3 concerning the general characteristics of the surrounding area and consistency with the Town's Comprehensive Plan is subject to some doubt. The Planning Board could not agree in this area and was unable to forward a recommendation to the Zoning Board; however, the extensive testimony of the neighbors seems to show they do not believe the chickens fit in with this particular neighborhood; thus, the application for the variance fails to meet the standards required for relief and must be denied.
Mr. LeBlanc then seconded the motion, and Mr. McCoy then took a vote on the motion.
Mr. Chaput, Mr. LeBlanc, Mr. Craveiro, Mr. McGrath and Mr. McCoy all voted in favor of the motion.
THE MOTION TO DENY THE APPLICATION WAS APPROVED 5‑0.
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Mr. McCoy stated that was all the Board has for tonight, and he asked for a motion to adjourn. Mr. McGrath then made a motion to adjourn. The motion was seconded by Mr. Chaput. Mr. McCoy then took a vote on the motion, and THE MOTION WAS APPROVED UNANIMOUSLY. Mr. McCoy stated he would see everyone in person next month on August 11th.
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(THE MEETING ADJOURNED AT 7:29 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 on July 14, 2021.
Andrew J. D'Angelo
ANDREW J. D'ANGELO,
Court Reporter
(Signed Electronically)