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, JULY 13, 2022 AT 7:00 P.M.
ZONING BOARD MEMBERS PRESENT WERE THE FOLLOWING:
Robert Chaput, Vice‑Chairman
Mike McGrath
Joseph Craveiro
Rachael Guadagni
Christopher Alger, Alt.
ALSO PRESENT
Peter Skwirz, Esquire, Counsel to the Zoning Board
Kevin Joyce, Building Inspector
Dolly Rousseau, Zoning Clerk
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Mr. Chaput 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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At the beginning of the meeting, Mr. Chaput stated that Mr. McCoy, the Chairman, is not present tonight, so he would be filling in for him; and, also because of that, Mr. Alger would be serving as a voting member tonight.
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Mr. Chaput then stated that there are two sets of minutes from prior meetings; and, because those meetings were so different, he wanted to consider them separately. Mr. Chaput stated that he would first take the regular meeting of June 8th, 2022, and he asked if there are any amendments or changes to those minutes. No one responded with any changes, and Mr. McGrath then made a motion to approve the minutes. Mr. Craveiro seconded the motion.
Mr. Chaput then took a vote on the motion, and THE MOTION WAS APPROVED 5‑0.
Mr. Chaput then stated that he has the minutes from the special meeting of the Board sitting as a Board of Appeal from June 9th, 2022. He again asked if there were any changes or any amendments. No one responded with any changes, and Mr. McGrath then made a motion to approve the minutes of June 9, and Mr. Craveiro seconded the motion. Mr. Chaput then took a vote on the motion, and THE MOTION WAS APPROVED 5‑0.
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22‑07. Desmar Real Estate Ventures, LLC, of 5 Oak Valley Lane, Harrisville, RI 02830, has petitioned this board for a Dimensional Variance for relief of minimum side yard and rear yard setbacks, maximum lot coverage on a corner lot to build a new house. Article 18‑2, Section (a). Described as Assessor's Plat 006, Lot(s) 0045, and designated Zone R‑1. Located at 116 Curran Road, Cumberland, RI 02864.
Attorney Scott Partington appeared via the Zoom Webinar Platform to represent the applicant in this matter. Mr. Partington stated that this is a request for dimensional variance to build a single family home in a situation that has become somewhat commonplace, this being a corner lot. He stated that this is at Liberty Street and Curran Road, and it is on the corner of it; and it is serviced by sewer and water. He stated that, like most of the lots in that area, it is undersized. Mr. Partington further stated that, as the Planning Department pointed out in their advisory, it is pretty much in keeping with the surrounding area with respect to size of the homes.
Mr. Partinton stated that he did have a member of Desmar, LLC present, and he asked that he testify in this matter. Anthony John Desmarais came forward in person, was sworn, and testified in favor of this application. Under examination by Mr. Partington, Mr. Desmarais testifed at length in favor of this application.
After Mr. Desmarais finished testifying,
Mr. Chaput stated there is one person in the Zoom queue, and he was brought forward to speak.
Ben Bertrand, of 19 Liberty Street, was brought forward, was sworn, and testified in this matter. He stated he was just concerned and wanted to make sure that there was enough room as far as parking; and it seems like they have a big family, and they need kind of a lot of room for the yard. He stated that they almost need the extra space, and he just wanted to make sure it was not going to be too cramped to the corner. During testimony, Mr. Chaput asked Mr. Bertrand if he had an objection to the proposal. Mr. Bertrand stated that he would not like to see a house there just because it would block the whole corner of the street from where his front porch is, seeing cars coming up the road; but he stated that was his only concern, that it was kind of blocking the view down the road and coming up and down the street and whatnot. Mr. Chaput stated that people have a right to build a home on that lot. Mr. Chaput also stated that the area that the home was going to occupy, with the setbacks that they have in place, it appared that they developed a line of site so that people on the road would be able to see what is going on.
No one else came forward to speak either in favor or against this request.
After hearing, Mr. McGrath made a motion to approve the variance requested at 116 Curran Road.
Mr. McGrath stated that the hardship is not a result of any prior action of the applicant and does not result primarily from the desire of the applicant to realize greater profit, and the granting of the requested variance will not alter the general characteristics of the surrounding area or impair the intent or purpose of this ordinance or the Plan of the Town of Cumberland; and the relief granted is the least relief necessary.
Mr. Chaput asked if Mr. McGrath wanted to add the lot coverage variance, that they are asking for one percent. Mr. Chaput stated that another three or 400 square feet would have to be added to allow the driveway in to make sure it would be the 30 by 20 feet. Mr. McGrath then added that this would also increase the lot coverage by two or three hundred square feet. Mr. Chaput stated it would be in that vicinity. Mr. Desmarais stated it would be thereabouts.
Mr. Alger then asked if in the motion it was stated it would be than a mere inconvenience.
Mr. McGrath answered yes. Mr. Alger stated that he missed that, but he would second the motion.
Mr. Chaput then took a vote on the motion, and THE MOTION WAS APPROVED 5‑0.
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Mr. Chaput then stated that completes the agenda for tonight, and he asked for a motion to adjourn. Mr. McGrath then made a motion to adjourn.
The motion was seconded by Ms. Guadagni. THE MOTION WAS APPROVED 5‑0.
(THE MEETING ADJOURNED AT 7:28 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 13, 2022.
Andrew J. D'Angelo
ANDREW J. D'ANGELO,
Court Reporter
(Signed Electronically)