MINUTES OF THE CUMBERLAND ZONING BOARD MEETING
HELD VIA ONLINE ZOOM WEBINAR
ON WEDNESDAY, JUNE 9, 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
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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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Mr. McCoy stated the Board has the minutes from the last meeting of May 10, 2021. He stated that, if everybody had a chance to read them, he asked for a motion and a second to approve those minutes. Mr. McGrath made a motion to approve the minutes from the last meeting, and 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 the Board received an email from Scott Partington who represents the Malloys, who said he is looking for a continuance because Mr. Koutsogiane, who is representing an abutter, apparently, unfortunately scheduled a vacation for tonight, so there was a request to continue that matter for another month. Mr. Partington was brought into the Zoom Webinar, and Mr. McCoy asked him to confirm what he had said. Mr. Partington stated that was correct, that Mr. Koutsogiane did not realize when he agreed to the continuance last time that he had scheduled something for this week.
Mr. Partington stated that, fortunately, his clients were accommodating in that respect. Mr. Partington stated that he also left a message for the one other person who did speak at the Planning Board; and, hopefully, he got that message as well. Mr. McCoy stated he was going to ask about that, and he was glad that Mr. Partington followed up on that because it is always good when people get notice heads up on that.
Mr. McCoy stated the Board has a request on behalf of the applicant, and apparently the abutters have been notified, to continue Paula Malloy, which is 21‑02, to the next monthly meeting which should be Wednesday, July 14th, the same time. Mr. McCoy stated that, unless there is any discussion, he would take a motion to approve that request. Mr. Chaput then made a motion to approve the request to continue this matter to next month. Mr. LeBlanc seconded the motion. Mr. McCoy then took a vote on the motion, and THE MOTION WAS APPROVED UNANIMOUSLY.
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21‑07. Sebastian Foppema, of 13 Cook Road, Cumberland, RI 02864, has petitioned this Board for a Dimensional Variance for a maximum height relief. Article 18‑2, Section (a) and Section 6‑5. Described as Assessor's Plat 049, Lot(s) 0136, and Designated Zone A‑2. Located at 13 Cook Road, Cumberland, RI 02864.
Attorney Scott Partington was present to represent Mr. Foppema on this request for Dimensional Variance. Mr. Partington presented Sebastian Foppema as a witness in support of this request. Mr. Foppema came forward, was sworn, and testified as to his request. Mr. Foppema stated that he and his wife would like to replace the shed and, roughly in the same location, build a garage with a living space above that garage. He stated that the reasoning for this is that his wife's father and mother have both passed away recently; and her brother, who is mentally ill, needs a place to live. Mr. Foppema stated they wanted to do the right thing by him and offer him a place to live above the garage that they are hoping to construct. Mr. Foppema also stated that his brother‑in‑law is quite a tall and large man. He stated he is 6‑3 or 6‑4, and so they felt they needed enough height, especially in that living space, to accommodate him.
During questioning by Mr. Partington, Mr. Foppema also testified that they had a surveyor who surveyed their lot and drew up a map, and they also worked with a contractor to design and prepare for the project, including a process with DEM.
After Mr. Foppema finished testifying,
Mr. Chaput stated to Mr. Partington that he was wondering, since they were looking for the least relief necessary, if there was a reason why the height of the garage is so high. Mr. McCoy stated to Mr. Partington that maybe the contractor could speak to that.
Nicholas McQuesten was then brought into the Zoom Webinar, was sworn, and was asked by Mr. McCoy to respond to the question that was raised by
Mr. Chaput. Mr. McQuesten stated that it is a standard height. He stated that the standard height is about nine feet. Mr. McQuested stated that on the plan it shows floor to floor heights, so you would have your framing members that would bring that down, so it is not technically 10 feet for the height of the garage. Mr. Chaput then asked if, with the framing and the structure, it is a standard size, and Mr. McQuesten answered yes.
After Mr. McQuesten was finished testifying,
Mr. McCoy asked Mr. Skwirz if there was anybody else in the queue on this matter. Mr. Skwirz stated that there were 13 people in the queue, but nobody is raising their hand. Mr. McCoy stated that the only reason he asks is because before the last hearing the Board had an email that Mr. Ward forwarded from Phil Gouin, who had some issues; but apparently he is not here tonight, so maybe he decided not to come forward.
After further brief discussion in this matter, Mr. Chaput made a motion to approve the variance of seven feet, 11 inches as the height of the structure in this application to allow the applicant to construct a garage with an accessory dwelling unit above it, as shown in his application and on the plans. Mr. Chaput stated that it certainly makes sense for him to put a two‑car garage on a property that does not have one in this particular area; and the accessory dwelling unit, as the Planning Board recommends, is a good thing in terms of affordable housing and a place to house a family member, so it is kind of an accommodation to Mr. Foppema that he is doing that.
As findings of fact, Mr. Chaput stated the following:
The restriction from which he seeks relief is due to the unique characteristics of the building; but it is not a big change, particularly since, in an agricultural district, he could build a barn quite a bit higher than that.
The hardship is not the result of any prior action of the applicant and does not result from the desire for financial gain but to provide housing for a family member.
It will not alter the general characteristics of the surrounding area, and there is an extensive discussion on this particular issue in the Planning Board memo that certainly should ease all the Board's minds.
The relief to be granted is the least relief necessary. Mr. Chaput stated he did have some reservations about the height, but they have been satisfied; and it seems to be sensible for both the size of the person to occupy the housing and the standard size of the garage below.
If the application were denied, the hardship would be more than a mere inconvenience because the applicant would not be able to provide housing for his brother, and it would be more than a mere inconvenience.
Mr. Chaput further stated that the approval should be subject to a second condition in the Planning Board memo; namely, that by the time they get the Building Permit or the Certificate of Occupancy, they should have satisfied all the other provisions of Section 6‑6 relating to an accessory dwelling unit.
Mr. McCoy then asked for a second to the motion, and Mr. McGrath seconded the motion. Mr. McCoy then took a vote on the motion. Mr. McGrath, Mr. Chaput, Mr. Craveiro, Mr. LeBlanc and Mr. McCoy all voted in favor of the motion. THE MOTION WAS APPROVED 5‑0.
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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.
David Dugre and Paromita Ghosh were both brought into the Zoom Webinar, were sworn, and gave testimony in support of their request for Dimensinoal Variance. Mr. Dugre stated that they were here today because he and his wife are discussing a dimensional variance to have a chicken coop with five chickens. He stated that the physical dimensions of their property only allows them to create approximately 18 feet of distance from their side abutting neighbors, and that is because their property is 4,000 square feet, 40 feet across, a hundred feet long. He further stated that the Town ordinance calls for 25 feet, so they are asking for seven feet of relief today.
Mr. Dugre stated they have had the chickens for over a year now, as they got them around March or April of 2020 during the pandemic when everything was closed; and they were worried they would not have access to fresh eggs. He also stated that it was honestly just something to do to pass the time.
Mr. Dugre stated that he could not emphasize enough that the rooster has been removed from the property. He stated that Brad Ward visited their home today and confirmed there is no rooster.
Mr. Dugre also stated that they downsized the coop structure and moved it more than 25 feet away from the back property line, so they are in compliance with the rear setback requirement. He stated the coop is now adjacent to their house and has approximately 18 feet of distance from the adjacent side neighbors, so they are only asking for about seven feet of relief from the ordinance.
Mr. McCoy clarified it is seven feet from each side, and Mr. Dugre agreed.
Mr. Dugre stated that the allegations of smell and predator nuisance are not supported by the objecting neighbors' evidence, and they have had multiple witnesses from the Town visit and confirm there was no bad smell. He stated that Mike McGrath came from the Zoning Board unannounced. Mr. Dugre stated he was not going to put words in his mouth, but Mr. McGrath said there was no bad smell.
Mr. Dugre stated that Brad Ward visited this morning, and again there was no bad smell.
Mr. Dugre stated they had a reporter from the Town newspaper come to take a picture and do an article, and again there was no bad smell.
Mr. Dugre also stated that long before they had chickens there have been rats in the area. He stated it is true they had a rat or two enter the coop during the winter months, but they have taken steps to eliminate any potential rat intrusion since then.
Mr. Dugre also stated that his wife has an emotional attachment to the chickens and takes daily care to ensure the coop is cleaned, and any eggs are removed for safe storage in their home refrigerator.
Mr. Dugre went into further detail in support of this request for Dimensional Variance. Paromita Ghosh also came forward to testify in support of this request for Dimensional Variance.
After Mr. Dugre and Ms. Ghosh had completed their presentation, Mr. McCoy asked if there were any abutters who wished to speak. Several abutting neighbors were brought into the Zoom Webinar, who testified against the granting of this Dimensional Variance. Among them were Meaghan Kelly, of 59 Weeks Street; Bridget Dunbar, of 84 Spring Street; Andrew Babikian, of 45 East Street; Shannon Beverly, also of 45 East Street; Robert Fahey, of 74 Spring Street; Robert Shaw, of 38 Plant Street; and Ellyn Paris, of 88 Spring Street.
After the abutters finished testifying, Mr. Dugre and Ms. Ghosh came forward to further testify in support of their request.
After all the testimony was concluded, Mr. McCoy stated that what the Board is going to do is they have referred to some of the documents, and the Board is going to go over everything they have received. Mr. McCoy stated he thought the Board has received everything through Mr. Ward that has been forwarded to the Board, and the Board will get the email that was sent today. He also stated the Board has Ms. Kelly's memo, and the Board will review that again; and then the Board will adjourn for tonight and be back here for Board discussion and decision at the next meeting, which is July 14th of this year. Mr. McCoy stated that, unless anybody has any questions, he would take a motion to adjourn.
Mr. LeBlanc then made a motion to adjourn. The motion was seconded by Mr. Elgin. THE MOTION WAS APPROVED UNANIMOUSLY.
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(THE MEETING ADJOURNED AT 8:50 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 June 9, 2021.
Andrew J. D'Angelo
ANDREW J. D'ANGELO,
Court Reporter
(Signed Electronically)