MINUTES OF THE CUMBERLAND ZONING BOARD MEETING
HELD AT
THE CUMBERLAND TOWN HALL AND
ALSO VIRTUAL CAPABILITY ON THE ZOOM PLATFORM,
45 BROAD STREET, CUMBERLAND, RHODE ISLAND
ON WEDNESDAY, DECEMBER 14, 2022 AT 7:00 P.M.
ZONING BOARD MEMBERS PRESENT WERE THE FOLLOWING
John McCoy, Chairman
Mike McGrath
Joseph Craveiro
Robert Chaput
Rachael Guadagni
Christopher Alger, 1st. Alt
Diane Emerson, 2nd Alt.
ALSO PRESENT
Peter Skwirz, Esquire, Counsel to the Zoning Board
Kevin Joyce, Building Inspector
Dolly Rousseau, Zoning Clerk
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Mr. McCoy called the meeting to order at 7:05 p.m., and all the Members of the Board listed above were present.
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Mr. McCoy stated the Board has some minutes in the packet, and he asked if everyone had a chance to take a look at them from the November 9th, 2022 meeting. Mr. McCoy then asked for a motion to accept the minutes. Mr. McGrath so moved the motion to accept the minutes, and the motion was seconded by Mr. Craveiro. Mr. McCoy then took a vote on the motion, and THE MOTION WAS APPROVED 5‑0.
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22‑14. Michael Taylor, of 39 Staples Road, Cumberland, RI 02864, has petitioned this Board for a Dimensional Variance for relief of minimum front yard setback. Article 18‑2, Section (a). Described as Assessor's Plat 044, Lot(s) 0041, and Designated Zone A‑2. Located at 39 Staples Road, Cumberland, RI 02864.
Michael Taylor came forward, was sworn, and presented his case for Dimensional Variance to the Board. Mr. Taylor stated they live on Staples Road, and they have wetlands behind them. He stated what they were looking to do is put up a garage, not a shed because it is more than a shed. He stated there are limitations where they can put it because of the wetlands, the placement of the septic system and their well. He stated that he is asking for this because they had four children, and their kids have just gotten bigger, with the bikes and toys and mowers, and everything does not fit there any more, so they were looking for a bigger structure.
Mr. Taylor stated that they did do an addition years ago, and DEM had approved their addition.
He also stated that, anticipating this, because this is on a setback near wetlands, they received DEM approval as well on this, and he included that in the packet that was submitted as well.
At the conclusion of Mr. Taylor's presentation, Mr. Skwirz promoted two people who appeared virtually via the Zoom platform. Mr. Mark Jackman came forward, was sworn, and stated that he actually had nothing to add. He stated that he received the letter and just wanted to join in and listen to proceedings.
The other person who was promoted to the hearing was Jennifer Clark, of 349 Scott Road, who stated that she was present for the next matter.
No one else came forward to speak either in favor or against this request.
After brief hearing, Mr. Chaput made a motion to grant a front yard variance of 52 feet on Assessor's Plat 44, Lot 41 to allow the applicant to construct a shed on the property to replace the shed that is there already. Mr. Chaput stated that the restriction and the reason he is coming so close to the front lot line is because of the unique nature of that land. Mr. Chaput stated there is so much wetlands that there is virtually no place else on that lot that makes any sense to put the structure.
As findings of fact, Mr. Chaput stated the following:
The hardship is not the result of any prior action by him and does not result from his desire for financial gain. He really just wants a place to store a number of different things for his growing family.
The granting will not alter the general characteristics of the surrounding area. This is a very rural area with nice homes, and it looks fine, and it will look fine with the new building in place as well.
The Zoning Board is perfectly comfortable with its location in terms of the Comprehensive Plan.
Mr. McCoy stated that he thought Mr. Chaput meant the Planning Board, and Mr. Chaput agreed.
Mr. Chaput also stated the following:
The relief to be granted is the least relief necessary. This backs up to wetlands, and this is the relief he needs to make a shed of that size.
If the application were denied, it would be more than a mere inconvenience. He has a lot of items relating to his family that he needs to put someplace, and this makes sense to put it there.
Therefore, Mr. Chaput recommeded that the Board grant the variance.
Mr. McGrath then seconded the motion. Mr. McCoy then took a vote on the motion. Mr. McGrath,
Mr. Craveiro, Ms. Guadagni, Mr. Chaput and Mr. McCoy all voted in favor of the motion. THE MOTION WAS APPROVED 5‑0.
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22‑15. Daniel T. Carr. Of 7 Winnatuxett Beach Road, Mattapoisett, MA 02735, has petitioned this Board for a Dimensional Variance for relief of minimum front yard setback. Article 18‑2, Section (a). Described as Assessor's Plat 066, Lot 0090, and Designated Zone R‑1. Located at 330 Scott Road, Cumberland, RI 02864.
At this point, there was no one else in the hearing room, and Mr. Skwirz stated there was no one else in the virtual Zoom queue except Ms. Clark.
Mr. McCoy asked Ms. Rousseau if she heard from anyone on this matter, and Ms. Rousseau answered no.
Ms. Rousseau then asked if she could the Building Official, because he is familiar with this gentleman, and maybe he would know something. The Zoning Board then took a brief break while Ms. Rousseau placed a telephone call.
After a brief period, Ms. Rousseau stated that the Building Official stated that, if the Board continued this matter to the February meeting, that would be fine. After further discussion, Mr. Chaput made a motion to continue this matter to the February meeting. Mr. McGrath seconded the motion. Mr. McCoy then took a vote on the motion. Mr. McGrath, Mr. Craveiro, Ms. Guadagni, Mr. Chaput and Mr. McCoy all voted in favor of the motion. THE MOTION WAS APPROVED 5‑0. Mr. McCoy stated that, if Ms. Clark is still involved, this matter would be continued to the February meeting, which is February 8th, same time and same place.
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Mr. McGrath then made a motion to adjourn. Mr. Craveiro seconded the motion. Mr. McCoy then took a vote on the motion, and THE MOTION WAS APPOVED 5‑0.
(THE MEETING ADJOURNED AT 7:26 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 December 14, 2022.
Andrew J. D'Angelo
ANDREW J. D'ANGELO,
Court Reporter
(Signed Electronically)