MINUTES OF THE CUMBERLAND ZONING BOARD MEETING
HELD VIA ONLINE ZOOM WEBINAR
ON WEDNESDAY, MARCH 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 7:01 p.m., and all the Members of the Board listed above were present.
* * * * * * * * * *
Mr. McCoy stated that the first item is the minutes from last month's meeting of February 10, 2021; and he stated, if everyone had a chance to review them, he would take a motion to approve them. Mr. Chaput then made a motion to approve the minutes. Mr. LeBlanc seconded the motion. THE MOTION WAS APPROVED 5‑0.
* * * * * * * * * *
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 understood that there was a request to continue this matter. He stated that this Board does not have the Planning Board memorandum, and the Planning Board has not heard this matter yet. Mr. Skwirz stated that was correct.
Mr. McCoy stated he also saw a letter in the Board's packet from the Building Official, Brad Ward, to Scott Partington, the Applicant's attorney, regarding some issues about side yard and other setbacks. Mr. McCoy stated it was his understanding that the Board has to get a Planning Board advisory recommendation first and that the parties are planning to meet on this matter next month. Again Mr. Skwirz stated that was correct. Mr. McCoy asked if there was anyone in the queue in this matter.
Mr. Skwirz stated there was one attendee with a hand raised, and he brought him forward into the meeting. Attorney Phillip Koutsogiane identified himself and stated that he appreciated the Board allowing him in, and he just wanted to confirm the continuance.
Mr. McCoy asked Mr. Koutsogiane if he would be representing some abutters in this matter, and Mr. Koutogiane answered that it appeared so at this point in time, subject to review. There was no one else in the queue.
Mr. McCoy stated it was his inclination to have a motion to continue this matter, since, among other things, the Board did not have a Planning Board recommendation, to the next meeting which will be the second Wednesday in April, which will be April 14th, 2021. Mr. Chaput made a motion to continue this matter to the April meeting. Mr. LeBlanc seconded the motion. Mr. Craveiro, Mr. McGrath, Mr. Chaput Mr. LeBlanc and Mr. McCoy all voted in favor of the motion. THE MOTION WAS APPROVED 5‑0. Mr. McCoy stated this matter would be continued to the next regular meeting of the Board, which is Wednesday, April 14th, 7:00 p.m., which would likely still be on Zoom, unless things change in the next month, but notice will be posted for that. He stated, other than that, that is the only notice that will be given for this matter.
* * * * * * * * * *
21‑03. 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 anyone present on this matter. Mr. Skwirz stated there were several people in the queue, but he did not see anyone that matches the name of the applicant.
Mr. McCoy asked Ms. Rousseau, the zoning clerk, if she had heard anything from Mr. Pacheco. Ms. Rousseau answered no, but she stated she did send him the agenda, and he was aware of the meeting when he submitted the application. Mr. McCoy stated that is interesting because his application seems to be fairly complete, and the Board has a Planning Board recommendation. Mr. McCoy stated that he would hold this matter for a minute, since Mr. Ward has made his appearance, and the Board can perhaps reconvene as the Zoning Board of Review sitting at the Board of Appeals and just briefly discuss the LaCoste matter. Mr. McCoy asked for a motion to briefly adjourn as the Zoning Board of Review and to come back as the Zoning Board of Review sitting as the Board of Appeals. Mr. McGrath so moved the motion.
Mr. LeBlanc seconded the motion. Mr. McCoy then took a vote on the motion. Mr. Craveiro, Mr. McGrath,
Mr. Chaput, Mr. LeBlanc and Mr. McCoy all voted in favor of the motion. THE MOTION WAS APPROVED 5‑0.
The Zoning Board then adjourned as the Zoning Board of Review and reconvened as the Board of Appeals, as follows:
* * * * * * * * * *
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 that the Board has a request again to continue this matter. He stated that, generally, the Board does not have any problems continuing matters; but the Board has continued this matter several times. Mr. McCoy stated that Mr. Ward indicated that this matter might be getting close to resolving about a month ago, and he asked Mr. Ward for an update.
Mr. Ward stated he sent a letter to the attorney, Mr. Mancini, and Tammy LaCoste addressed to her, and it outlined what the Town would be looking for to come to a resolution. Mr. Ward stated there were just two items that they were unfavorable about, and he was trying to work that out with Kelly. He stated that one of them he agreed to that they did not really need; and the second is that he wants permission to put a cook stove in there, and Mr. Ward stated he is totally against that. Mr. Ward stated that, once he puts that in, by definition of zoning and by definition of Building Code, it is an additional living unit. Mr. Ward stated he never got a chance to respond on anything, and they they filed an appeal of some sort to the State Building Code Commission that is going to be heard on April 8.
He further stated that it was agreed upon, to his understanding, that they were going to resolve all of the building code standards and all of their matters before they brought it to zoning. Mr. Ward apologized for the delay, but he stated he thought he would have to ride it out until the Board makes a decision.
Mr. McCoy stated his inclination is to maybe do one more continuance on this; but, if Mr. Mancini wants any further continuations, his inclination is to at least have him appear at the next meeting on April 14th, rather than being in absentia, so to speak. Mr. Skwirz stated he thought that made sense. Mr. Skwirz further stated that he would always caution a board against flatly denying a request for a continuance; but the Board could do that on the condition that you are not going to grant any further continuances, absent a showing of good cause.
Mr. McCoy stated he agreed, and he thought Mr. Mancini should appear at the next meeting to perhaps explain the good cause. Mr. Skwirz stated that was fair.
After further discussion, Mr. McCoy stated
he thought it would be appropriate to continue this matter one month, with the condition that Mr. Mancini will go forward; or, if he has other issues, that he will appear and show cause why it should be continued further. Mr. LeBlanc so moved the motion to continue this matter. Mr. McGrath seconded the motion.
Mr. McCoy then took a vote on the motion, and
THE MOTION WAS APPROVED UNANIMOUSLY.
* * * * * * * * * *
Mr. McCoy then asked for a motion to adjourn the Zoning Board of Review sitting as the Board of Appeals. Mr. McGrath so moved to adjourn. Mr. LeBlanc seconded the motion. Mr. McCoy then took a vote on the motion, and THE MOTION WAS APPROVED UNANIMOUSLY.
The Board of Appeals was adjourned, and the Board reconvened as the Zoning Board of Review, as follows:
21‑03. 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.
After the Board heard the LaCoste matter sitting as the Board of Appeals, they reconvened as the Zoning Board of Review in this matter. Mr. McCoy asked Mr. Skwirz if he could see Mr. Pacheco in the queue, and Mr. Skwirz stated he did not. Mr. McCoy stated he understood the Board has several matters next month, but he believed that Mr. Pacheco is handling this matter on his own. He further stated that he did not believe, from what he could see, that there is attorney involved. Mr. McCoy stated he thought he would at least give him one more shot, and his inclination would be to let him appear next month in this continued matter. Mr. McGrath stated that he was by the property today, and he seemed to have already put a foundation in for the addition he is looking for. Mr. Ward stated that he would put a stop work order on him tomorrow. Ms. Rousseau then stated that she was trying to call him; and Mr. McCoy stated that was fine, and he did not mind waiting a couple of minutes. After a brief pause, Ms. Rousseau stated he did not answer his phone. Mr. Craveiro then made a motion to continue this matter to the next meeting. Mr. Chaput seconded the motion.
Mr. McCoy then took a vote on the motion.
Mr. Craveiro, Mr. McGrath, Mr. Chaput, Mr. LeBlanc and Mr. McCoy all voted in favor of the motion.
THE MOTION WAS APPROVED 5‑0.
Mr. McCoy stated that the Board would see Mr. Pacheco as a continued matter next month, and he asked Ms. Rousseau to try to reach him and emphasize he needs to be here, or the matter will be passed, and he will have to refile.
* * * * * * * * * *
Mr. McCoy then asked for a motion to adjourn. Mr. Elgin then made a motion to adjourn. Mr. McGrath seconded the motion. Mr. McCoy then took a vote on the motion, and THE MOTION WAS APPROVED UNANIMOUSLY.
(THE MEETING ADJOURNED AT 7:18 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 March 10, 2021.
Andrew J. D'Angelo
ANDREW J. D'ANGELO,
Court Reporter
(Signed Electronically)